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HomeMy WebLinkAboutTB Correspondence 2004 William W. Goldsmith 1.17 Judd Falls Road Ithaca, NY 14850 Tue, Jan 6, 2004 Lr� 7H�'C�' Cathy Valentino, Supervisor Will Burbank, Councilman Town of Ithaca Dear Cathy and Will: I write to support the Town Board's efforts to regulate watercraft on Cayuga Lake. As a boater and especially as a lakefront user at various parks in the county and elsewhere (including Cayuga County), I am often bothered by undisciplined, noisy, and sometimes dangerous use of boats, particularly jet skis. I would like to see strict and strictly enforced regulations that require very slow speeds anywhere near the shoreline, for quite a distance out. I am concerned, as are many I know, not only by the noise, but also by the danger to swimmers. I hope you can work with the other towns, the county, and maybe even other counties that border the lake to write powerful and effective regulations. We would all benefit, swimmers, picnickers, boaters, and fishers included. Sincerely, January 7, 2004 ` c � 0CFS ` ! Catherine Valentino, Town Supervisor ` is Town of Ithaca 1 ?G0 215 N. Tioga Street JA N i, Ithaca, NY 14850 r,T7 EST Dear Supervisor Valentino, 'T`4'`r,n Tr~,""' :�' ' As an organization dedicated to reducing the harmful impacts of personal watercraft and other motorized rcereation on public resources, we were pleased to read in yesterday's Ithaca Journal that you are encouraging town leaders to adopt a law to regulate the use of personal watercraft on Cayuga Lake. We commend you for listening to the concerns of your constituents and seeking regulations that will solve the problems that personal watercraft create. Bluewater Network has successfully worked to eliminate personal watercraft use in the majority of national parks across the country, and worked on regulations for San Francisco Bay, Marin County(CA), and the Monterey Bay National Marine Sanctuary. We have thoroughly researched the impacts of personal watercraft on air and water quality, wildlife, and other natural resources as well as the tremendous safety issues and noise that these machines create. We would be happy to share the research we have accumulated with you and your constituents, as well as some of our experiences with local regulations and ordinances. The research should be available on our web site soon (www.bluewatemetwork.org), but in the meantime please feel free to contact me if Bluewater Network can be of assistance as Ithaca moves forward with regulating these machines. Sincerely, Carl Schneebeck Public Lands Campaign Associate c.�chne�hc.cl:'a hluc��-atcrnc.tcvork.or.a 311 California, Suite 510 — San Francisco, CA 94104r �` www.bluevv.m.,rnetwork.org N bluewatere@ibluewatemetwork.org B1i T: 415.544.0790 EWAT1ER F: 415.544.0796 �-, NETWORK printed with soy inks on 1000f recycled,100%post consumer waste paper,processed chlorine free c TOWN OF ITHACA r,..\ 18 21 p- 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us TOWN CLERK 273-1721 HIGHWAY(Roads,Parks,Trails,Water&Sewer)273-1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX(607)273-1704 RECEIVED January 21,.2004 JAN 2.1 2004 Evan N. Monkemeyer 123 King Road East Ithaca,NY 14850 Re: Ithaca Estates Subdivision—Phase III Dear Mr. Monkemeyer: Thank you for your letter dated December 16, 2003 (received Dec. 22;2003)regarding your. request for scheduling the above-referenced subdivision proposal for consideration of preliminary approval by the Town of Ithaca Planning Board. There are a number of additional items that will-need to be submitted to the Planning Board prior to scheduling your subdivision proposal for consideration by the Board. It has been quite some time since we last talked about this proposal, so I would suggest that we set up a meeting with you and your agent(s)to discuss the status and additional requirements for your submission. Your proposal was last discussed with the Planning Board at their meeting of December 21, 1999. That discussion included a sketch plan for the overall potential development of your properties, along with the eleven-lot subdivision proposal for Ithaca Estates, Phase III. I am enclosing a copy of the minutes from the December 21, 1999 Planning Board meeting for your information. Following that meeting, there was an informal follow-up meeting on March 30, 2000 to discuss details of the project submission that included you,David Tessier(your agent at that time) and me. The following is a summary of where the Planning Board and staff of the Planning Department left off in our discussions with you regarding the subdivision proposal, and what needs to be completed and submitted to the Town prior to scheduling a meeting with the Planning Board.` (1) First and foremost, we need a.clear agreement from you,in writing,with respect to the proposal that has been previously made, to dedicate the entire 14.89+/-acres of parkland (portions of Tax Parcel No's. 43-1-3.2,43-1-3.32, and 43-1-3.4)to the Town of Ithaca.in conjunction with the agreement by the Town Board to change the location of the 1.78 +/- acre parcel next to the Montessori School that was originally intended to be dedicated as a Town park. This is the Town park area discussed with the Planning Board at the December 21, 1999 meeting and is as shown in its updated form on the"Sketch Plan— Ithaca Estates Subdivision,Lands of Evan Monkemeyer,"dated 9/27/99 and prepared by David W. Tessier, Landscape Architect.- The dedication and conveyance of the three parkland parcels (2.41 +/-acres,4.79+/- acres, and 7.69+/-acres)to the Town of Ithaca would allow the Town Board to consider the release by the Town of the rights by previous agreement to the 1.78 +/-acre parcel adjacent to the east side of the Montessori School.that was part of the Ithaca Estates—Phase II Subdivision approval and that was to s be conveyed to the Town as a park. This possible release(based on an earlier version of proposed parkland)was already approved by the Town Board in concept in a resolution dated 8/11/97, subject to a number of conditions(resolution.is attached for reference). These conveyances would also be in full satisfaction of any park set asides that might be required in the future with respect to the development.of the remaining residentially zoned portions of Tax Parcels 43-1-3.2,43-1-3.32, and 43-1-3.4. It will be necessary to receive this written agreement from you prior to scheduling a Planning Board meeting for consideration of preliminary approval for the Ithaca Estates Subdivision,Phase III. Once this document•is received, under the assumption that you would be proceeding with the foregoing dedication of parkland, we can work out the details of exactly how and when the dedication of this parkland would occur,which could be addressed as.conditions of preliminary subdivision approval for Phase III. Although the dedication of the 14.89+/- acre community park is not a direct pre-requisite of pursuing approvals for your proposed Ithaca Estates Phase III,eleven lot subdivision,-the Planning Board will have to make a determination regarding the need for a park reservation in conjunction with the Phase III subdivision, also considering the fulfillment of your previous obligations relative to the 1.78 +/-acre parcel that was to be dedicated to the Town.of Ithaca as a park. In light of the above,we certainly hope that we can proceed with the proposed dedication of the full 14.89+/-acre community park. If that is not the case,you need to inform us, in writing, as to what you propose with respect to parkland set-asides so that-the Planning Board can determine whether the proposed parkland is suitably located.for park, playground, or recreational purposes,pursuant to the Town of Ithaca Subdivision Regulations and Town Law Section 277. As you know,the Planning Board in reviewing the sketch plan for the future development of your property(most recently at their Dec. 21, 1999 meeting), appeared to believe that the present and future need for park and recreational facilities in the area of the subdivision,based on the recommendation of the Town of Ithaca Park, Recreation and Open Space Plan(Dec. 1997),would be satisfied by the proposed 14.89+/-acre park dedication. Both the Planning Board and Town Board adopted resolutions supporting the concept of the community park. Dedication of less than the 14.89+/-acre parcel would require re-consideration by-the Town Board of its. Willingness to relinquish the Town's rights to the previously offered 1.78 +/-acre parcel adjacent to the Montessori School,as well as the Planning Board re-visiting the issue of an appropriately located park. (2)Additional Submission Requirements for Preliminary Subdivision Approval: a.. Submission of$100 application fee for Preliminary Subdivision Approval. A$200 review fee deposit was already submitted on December 3; 1999. This amount is still on deposit with the.Town. To schedule a meeting with the Planning Board,we will need the additional$100 application fee specified on the Town of Ithaca fee schedule. b. Drainage analysis and stormwater management plan. This includes an analysis of existing and post-development watershed and stormwater runoff conditions, addressing the potential negative impacts of the proposed development to surface water resources and proposing mitigating measures for attenuating peak flows and enhancing the quality 2 . f of stormwater runoff generated by impervious surfaces within the subdivision/ development site. This would include preliminary details of proposed drainage improvements. c. Grading plan and cut-and-fill calculations for road improvements. d. Preliminary erosion and Sediment control plan,particularly in conjunction with proposed road improvement plans. e. Engineering report and drawings including utility needs/demands,capacity of existing systems for hook-up, sewer profile, and preliminary details of water, sewer, and other utilities. Attached for your information is a copy'of the Town's Preliminary Subdivision Plat Checklist. (3)Other Issues: a. Lilium Lane not to be accepted as Town Road: Because of the short length of proposed Lilium Lane and the fact that it would serve only three lots,the Town Highway Superintendent has indicated that he would not recommend that the Town Board accept Lilium Lane as a Town road. Therefore, it should be assumed that Lilium Lane will be a private road,to be owned in common and maintained by the owners of Lots 14, 15, and. 16. The configuration of Lots 14, 15, and 16 will therefore have to be modified so that each lot has the.required frontage on a public road(i.e., Rock Cress Road) and width at setback line specified in the R-30 Residence District. Each lot should have a minimum width at the street line of 100 feet,and a minimum width at the required front yard setback line (60.feet from the street line)of 150 feet. You might also want to consider a possible redesign of Lilium Way to be more in the character of a private drive.(although that is up to you, as long as you recognize the private development and maintenance costs associated with a private drive). b. Possible re-design of cul-de-sac on Monarda Way to meet Town specs.: You will need to discuss.the Town road and turn-around specifications with our Town Engineer and Highway Superintendent to ensure that Monarda Way and Rock Cress Road will meet the Town's specifications for dedication as public roads. Based on previous discussions, it appears that the cul-de-sac turnaround area on Monarda Way may have to be re-designed . to meet Town specifications. c. Add sidewalk/walkway and bike lanes to Rock Cress Road: Since Rock Cress Road will be dedicated as a public road and.will also serve as access to the proposed Town park, at our meeting of March 30, 2000,we discussed the addition of a sidewalk or walkway along Rock Cress Road. That, along with wide enough shoulders for bicycle lanes, should be factored into the designs for Rock Cress Road. Those details can be addressed during the.Final Subdivision Approval submission. 3 d. Add no disturb buffer(with deed restrictions) at east sides of Lots 8 and 9 to protect UNA: At the December 21, 1999 Planning Board sketch plan meeting,the Board indicated the need for a buffer on the eastern sides of Lots 8.and 9 to protect the adjacent area in the Unique Natural Area(UNA). The Sketch Plan map of Ithaca Estates Subdivision,dated 9/27/99, showed a 60-foot wide setback area with"no build" restrictions on the eastern side of those lots,which included a"30-foot wide buffer of native trees and shrubs". The Planning Board at that meeting did not confirm whether. such a buffer and setback area would be adequate,but this is certainly a starting point to continue discussions with the Planning Board,which can then be addressed in detail in the Final Subdivision Approval submission. . Please let me know if you have any questions on-the above and if you would like to schedule an informal meeting with the Planning Department to discuss the details of the above. Sincerely,. Jonathan Kanter,AICP Director of Planning Encl. (To Evan Monkemeyer) cc: Fred T. Wilcox III, Chair, Town of Ithaca Planning Board 16hn Barney,Attorney for the Town of Ithaca Dan Walker,Town Engineer Fred Noteboom,Highway Superintendent Susan Ritter,Assistant Director of Planning Andrea Riddle,Montessori School Peter N. Littman,Attorney for Montessori School George R. Williams, L.L.S. George H. Winner, Esq. Lawrence J. Roscini, Jr.,P.E. Barbara C. Reuter 4 yBARNEY, GROSSMAN, DUBOW & MARCUS ATTORNEYS AT LAW SENECA BUILDING WEST J014N C. BARNEY SUITE 400 FACSIMILE PETER G. GROSSMAN 11 B EAST SENECA STREET (607) 272.8806 DAVID A. OUDOW ITHACA. NEW YORK 14850 (NOT FOR SERVICE OF PAPERS) RANDALL B. MARCUS JONATHAN A. ORKIN (607) 273_5841 KEVIN A. JONES January 27, 2004 Honorable Catherine Valentino, and Members of the Town Board of the Town of Ithaca 215 North Tioga Street Ithaca, New York 14850 Re: Sewer Rent Local Law Ladies and Gentlemen: At the last Town Board meeting we discussed briefly the need to adopt a newer sewer rent law. In the process of reviewing all of the Town's laws and ordinances for incorporation into a new Town Code, we discovered a morass dealing with sewer rents. It appears that back in the late 60's and early 70's some sewer rent ordinances were adopted, followed by some further local laws adopted in the 80's which were inconsistent with the earlier legislation. After a fair amount of digging into the Town's legislation and reviewing current law regarding a Town's authority with respect to charging sewer rents and levying unpaid sewer rents as taxes each January, we have drafted a proposed restatement of the Town's sewer rent law. This law consolidates the earlier legislation and updating it to the current Town practice. A copy of that Local Law is attached. Also, to give you a sense of fhe history of the matter, a couple of earlier pieces of legislation are aft s: d n a V-C-�,,A c s J 1. Sewer rent ordinance as adopted on July 10, 1972. 2. Local Law No. 6 of 1986. 3. A copy of an amendment adopted effective January 1, 1996 which amendment represents the latest financial arrangements relative to sewer rents. If any of you have any questions or want to discuss any aspect of this before the meeting, please do not hesitate to give a call. Very t> ly yours, JCB:sls .. I r Attachments l ; 2004 13:03 7162640683 SERVICE EDUCATION IN PACE 01 Service Education,Inc. 1777 Penfield Road Penfield,NY 14526 January 28,2004 Tee Ann Hunter Ithaca Town Court z{ ' 215 North Tioga Street 5� Ithaca,NY 14850 ;�"•. . Dear Tee Ann, Service Education is pleased to offer the following proposal to upgrade the Ithaca Town Court ' from two'single user'.courts, to a network version of the program. This allows each clerk to ' access all court data from the'town'server. We will convert the existing data from our DOS program•to our Windows program. Combine the judge's data from two separate sets of files to one set of shared files and train the clerks on the new Windows program. Cou'tR00m Program Multi User upgrade $1,800.00 Two-day onsite conversion-of data. $500=00 'i Four hours onsite training $100.00 Travel Expenses $67.50 Total $2,467.50 Offers made in this proposal will be honored by SEI for 60 days from the proposal date. =x Please do not hesitate to call with any questions. Sincerely, Marty Malo Phones: (716)264-9240, 264-9241(no tape), 24-Hour Fax 264-0683 KEYSER, MALONEY &WINNER, LLP Attorneys and Counsellors at Law HSBC Bank Building,2nd Floor 150 Lake Street Elmira,New York 14901 Richard D.Keyser John W.Maloney Tel. (607)734-0990 George K Winner,Jr. Fax(607)378-6204 January 29, 2004 John Barney, Esq. RECE Ej) Barney, Grossmann, Dubow&Marcus 119 E. Seneca FEB 10Q4 Ithaca, New York 14850 Re: Ithaca Estates Subdivision- Phase III Dear John: /OWN I represent Evan N. Monkemeyer who has a proposed subdivision entitled Ithaca Estates Subdivision-Phase III, before the Town of Ithaca Planning Board for preliminary approval. I believe you are familiar with this proposal. On January 21, 2004 the Director of Planning, Jonathan Kanter, corresponded with my client regarding his proposal and transmitted a copy to you. The majority of the correspondence deals with the issue of park land dedication, which involves the issue of the park land dedication pursuant to the Ithaca Estates Subdivision II and the Town's desire for park land dedication involving the current subdivision request. To conclude the issue of the compliance with the Subdivision II dedication I am enclosing herewith an original Deed from my client to the Town, which covers the 1.78 acres adjoining the Montessori School. With regard to the consideration of further park land dedication under Ithaca Estates Subdivision III, the prior meetings referenced in the letter and any preliminary agreements referenced thereunder are considered by my client as no longer pertinent or feasible due to the subsequent action of the Town in up-zoning the Monkemeyer lands. The current zoning requirements would only allow approximately three(3) lots in the same area that was under previous discussion, but still require an investment of over a r^r $1,000,000.00 in infrastructure improvements and other requirements of the Town,which when added with a demand for 14.89-+ acres for a community park is totally unfeasible due to the actions of the Town in the re-zoning. Page 2. Ithaca Estates Subdivision-Phase III January 29, 2004 We would, therefore, wish to proceed in compliance with Section 277 of the Town Law, utilizing other avenues rather than the dedication of additional park land. The provisions in paragraphs "(2) a." 11(2) b." 11(2) c." 14(2) d." and "(2) e." will be completed by my client. With regard to the other issues, specifically paragraph "(3) a.", we respectfully disagree with the apparent determination by the Town Highway Superintendent rather than the Town Planning Board that Lilium Lane is not to be accepted as a Town road. In the event that the lane is build to the Town specifications for dedication, we do not understand the determination that it is not to be accepted. Since the proposed housing on the three (3) lots would carry an assessment of well over a$1,000,000.00, it would appear to be a financially good deal for the Town to have the subdivision approved and the services provided by the Town for the maintenance of Lilium Lane would be minimal when contrasted with the tax revenues. I would appreciate a copy at our expense of the specifications of the Town for dedication and acceptance so we may insure that our proposal meets the requirements. With regard to paragraph "(3) b.", again, a copy of the specifications referred would be r.., appreciated so we may be sure that we have designed Monarda Way and Rock Cress Road properly. With regard to paragraph "(3) c.", with the exception of the references to the Town Park an agreement with regard to the Town's concerns should be doable. With regard to paragraph "(3) d.", our contention would be that the up-zoning and creation of the conservation area contained therein more than meets the concerns set forth in this paragraph, as the 30 foot conservation area is located on the east side of the proposed lots 8 and 9. Upon your receipt and review of this correspondence I would appreciate an opportunity to discuss the matter with you, and particularly as to whether the Planning Board has continuing concerns with regard to our position on additional park land dedication. Very tr!Winner, eorge Jr. GHW/sl Enclosure cc: Jonathan Kanter, AICP Town of Ithaca Director of Planning Page 1 of 1 Catherine Valentino From: Bill Brothers[bill@animal-care.com] Sent: Sunday, February 01, 2004 3:58 PM To: Catherine Valentino Subject: watercraft Dear Cathy, am a town resident living on Renwick Dr. I am unable to be at the meeting on the 9th that will consider watercraft regulation but I have a strong interest in the topic. am a frequent user of Cayuga Lake in a fairly quiet, low-impact way; I particularly enjoy canoe and kayak paddling. While the size of Cayuga Lake lends itself to larger power boats and sailing craft,there must also be space protected for the quieter uses of the lake. A 500'zone of slow and quiet operation of motorized watercraft not only protects users such as I and many others, it also makes for a more livable enjoyment of the lake by those living along it and enjoying the shoreline. I request that the town board consider and adopt regulations that are more protective of the enjoyment of our precious resource.When you want to take a quiet walk to enjoy the beauty of nature,you wouldn't choose to walk on a highway or where trail bikes are active.The same holds for setting aside quieter areas of the lake. Thank you for your consideration and your support. Bill Brothers 2/3/2004 Catherine Valentino gym: Greg Ezra[gsel Ocornell.edu] nt: Sunday, February 01,2004 4:18 PM 1,0: Catherine Valentino Cc: Quietclean@yahoo.com;gsel @cornell.edu Subject: Regulation of jetskis on Cayuga Lake Dear Ms. Valentino: As a resident of the Town of Ithaca, I am writing to express my strong support for regulation of jetskis on Cayuga Lake. It is my understanding that the Town of Ithaca is considering adopting Lansing's Watercraft Regulation Law "as is" . I urge that the Town of Ithaca instead pass a better law that improves upon the Lansing Law in a few key ways. The Lansing Law creates a slow speed zone within 250 feet of shore. It would be better to have this slow speed zone extend out to 500 feet from shore so that quiet shoreline activities (swimming, fishing, canoeing, kayaking, wildlife) are supported. A wider slow speed zone is best for reducing turbulence and noise on the shore. The Lansing Law allows PWC hours of operation between 8 AM and 8 PM. I strongly support more restricted hours of operation. 1P1 .e Lansing Law allows waterskiers to take off at high speed through this slow speed shore zone, creating a danger to those recreating close to shore. The Town of Ithaca should correct this dangerous deficiency. The Lansing Law would allow minors under the age of 16 to operate jetskis as long as a parent or supervising adult is within 300 feet. This actually weakens NYS navigation Law, which requres either an adult on board the jetski with the minor or that the minor has taken a boater safety course. Again, the Town of Ithaca should take the opportunity to correct this deficiency. I hope that the Town of Ithaca will pass a law regulating jetskis to ensure that Cayuga lake will once again be a peaceful and safe environment for residents and visitors alike. Sincerely, Gregory S. Ezra 110 Birchwood Drive Ithaca NY 14850 257-7017 �sel@cornell.edu 1 GENESEEIFINGER LAKES REGIONAL PLANNING COUNCIL City Place•50 west matin street,-Suite 8107 Rochester, New York 14614 Telephone 5851454-0190 Fax 5851454-0191 www.gflrpc.org February 3,2001 ESTHER LEADLEY,Acting Chair ANNE C.HUMPHREY,Treasurer Ms. Catherine Valentino, Supervisor DAVID S.ZQRN,Executive Director Town of Ithaca 215 North Tioga St Ithaca NY, 14850 Dear Ms. Valentino: The water quality of the Finger Lakes, one of our region's greatest assets, is impacted by actions at the local level. Genesee/Finger Lakes Regional Planning Council is working with the New York State Department of State on an initiative called `Local Laws to Protect Finger Lakes Water Quality.' This project seeks to implement certain recommendations of the recently completed Watershed Management Plans for the Canandaigua,Cayuga,and Conesus Lake Watersheds. The project will occur in two main phases: an in-depth assessment of local ordinances and practices related to water quality in all 56 municipalities, and collaboration with 13 targeted municipalities to help amend and/or adopt new local ordinances to protect water quality. We treed the local knowledge and expertise of your municipal staff to make the assessment phase a success. We have sent information on this project to the highest elected official in each municipality, clerk, code and zoning enforcement of ficial,highway-or lnthlic works supennicndem.and planning board chairperson. Code/zoning enforcement oilicials and hip hwa% hA-)lie W01-k>of'iicKal; have also received a copy of the assessment form. If you N%oul.i 111,1! a coi�y of the form. plcasL� let us know. it can also be downloaded in PD1-format from our website ilrpc.oi-L, l I,PFLWQ:index.htm),where additional project information can be found. We will be following up with e:iclt nntnicipality with a telephone call and visit. Comments and questions are welcome at any time by telephone,fax,or email. We look forward to working with you and your community on this project and greatly appreciate your help in protecting the Finger Lakes for generations to come, Sincerely, �4 Jason Haremza, Senior Planner encl. project description/map MEMBER COUNTIES: GENESEE LIVINGSTON MONROE ONTARIO ORLEANS SENECA WAYNE WYOMING YATES Local Laws To Protect Finger Lakes Water Quality CananAa ua-Cayuga-Conexus Project Description Within the Finger Lakes region, watershed protection plans have been completed for Canandaigua, Cayuga, and Conesus Lakes. Preparation of each plan has been undertaken in partnership with the NYS Department of State, financed through grants from the Environmental Protection Fund - Local Waterfront Revitalization Program, and overseen by an inter-municipal organization comprised of the local governments and organizations involved in watershed protection. The watershed protection plans identify priority actions needed to protect and improve water quality, including capital projects and local development controls. Building on these watershed protection plans, Genesee/Finger Lakes Regional Planning Council (G/FLRPC) will develop specific water quality control laws and/or ordinances for local gG ernments within thef Canandaigua Cayuga, and Conesus Lake watersheds. Phase I Genesee/Finger Lakes Regional Planning Council will assess existing local laws, ordinances, and practices that relate to water resources in all 56 municipalities (42 towns, 12 villages, 2 cities) in the three watersheds. Municipalities with less than 3 square miles and less than 6% of their land area in the watershed were not included. (January- June 2004) Phase II Working closely and collaboratively with local boards, G/FLRPC will develop specific water quality control laws and/or revisions to existing regulations for the 13 selected local municipalities within the Canandaigua, Cayuga, and Conesus Lake watersheds. (February-December 2004) Selected Municipalities CananAf FuaCakp Cats uya.Cake COMWala Town of Italy Town of Caroline Town of Conesus Town of Middlesex Town of Dryden Town of Geneseo Town of South Bristol Village of Interlaken Town of Groveland Town of Lansing Town of Ledyard Town of Scipio Town of Ulysses Phase III G/FLRPC will prepare a manual of model local laws and case studies to reduce water pollution from non-point sources as a resource for local governments. In addition, G/FLRPC will conduct a series of workshops throughout the state's Great Lakes watersheds to stress the importance of local development controls as a means for addressing non-point sources of pollution, as well as to provide information and examples of local laws and controls appropriate to a variety of local circumstances. (August-December 2004) Completion of this project by G/FLRPC staff is anticipated by December 2004. David Zorn, Executive Director dzorn@frontiernet.net Jason Haremza, Senior Planner and Project Coordinator iharemza@aflrgc.or9 Brian Slack, Planner bslack@gflrr)c.ora Genesee/Finger Lakes Regional Planning Council www.gfirpc.org 585.454.0190 �.+- � L v L'E- E o O C C C9 v m c m �c N fB dl E0 y Q U to � i0 LLJ V C d .a U o LL a mLL m x _ � o E Q7 N E n°. �J sz ro a � N v co L o t W o � m a cD ^ Z Zco r fi w i' Q co � N I C G Q � U CL U � _ ca o Om —� Page 1 of 1 Catherine Valentino From: ellie kraftsanders[elliekraftsanders@hotmail.com] Sent: Tuesday, February 03, 2004 9:08 PM To: Catherine Valentino Subject: Jet Skiis Dear Ms Valentino: This letter is in support of much stricter regulation of watercraft. As we will be out of Town,My husband and I wish to voice our aupport of such measures. For the last few years we have not been able to enjoy some of our beautiful Parks and Picnic areas- especially Taughannock Falls. The formidable noise and hi jinks so close to shore ruins the rest and repose we had enjoyed previously. I would aubmit that the "slow speed zone" be extended to 500 ft., that the skiers be made to take off at a much lower rate of speed and the age limit of ANY rider/passenger be at least 16 yrs old. Thank you for your consideration in this matter. Sincerely, Forrest and Ellie Kraft-Sanders Get a FREE online virus check for your PC here, from McAfee. 2/4/2004 S1640 . . Hanshaw Road, Ithaca, New York 14850 , _ 607/257-1822 Fax: 607/257-5470 ONTIGNS COUNTY www.spcaonline.com February 4, 2004 The Honorable Catherine Valentino 215 N. Tioga Street Ithaca, NY 14850 Dear Supervisor Valentino: Enclosed is a copy of your town report. During the month of January, several procedural changes were implemented at the SPCA. First, two new animal control officers were hired. Both have completed training in NYS Agricultural & Markets Article 7 enforcement by the NYS Department of Agricultural & Markets, both attended a Peace Officer Academy training for enforcement of state laws governing animals, and one of them attended additional training in peace officer enforcement. They have been making the rounds, introducing themselves to the town clerks. During January, the SPCA also implemented the following changes: 1. An officer location log. At all times, the officers whereabouts are logged so that shelter personnel know where they are and can give the public information as to an estimated time for their concerns. For example, of a caller in one town needs a stray dog picked up, the SPCA staff member can inform them where the officer is and the approximate time they will pick up the dog. 2. All requests for service are logged into a separate log, with a date completed and follow-up as needed. When someone makes a complaint, they can call the SPCA to inquire as to the status and follow-up, if any. 3. An animal control extension. Currently, the SPCA has dedicated extension 28 to all animal control calls. All calls are logged into a system, which includes the time and date of the call, the nature of the call, the date the call was return and follow- up needed. 4. New forms were created and distributed as appropriate in cases involving requests for service. Three of the most common forms: 1. Dog Related Conflicts, 2. Tompkins County Dog Control Laws, 3. NYS's Dog Shelter Law, are enclosed for your review. Because January was especially cold, in addition to their usual duties (Talk to Owners, Special Patrols, Dog Pick Ups, and Tickets), the officer did a large number of investigations relative to the new NYS dog shelter law. Several people were cited, most were informed of the new requirement and asked to come into compliance. Unfortunately T h e S o c i e t y f o r t h e P r e v e n t i o n o f C r u e I t y t o A n i m a l s On%\ one dog was found frozen to death. A case is currently open.The number of investigations is listed in the enclosed report under"Cruelty Investigations." I am happy to report that we did all special patrols and pick ups the day they were reported if the call came in during business hours and our average response time for TTOs was 48 hours. Finally, all tickets were delivered on the day they were prepared by the clerk and certified for delivery. I will be making an appointment with all clerks during the month of March to discuss the new procedures, the new officers and see if the process is working. If you would like to discuss anything in the enclosed report or need more information, I'd be happy to attend a Council Meeting or meet with you in private. Very truly yours, Nathan J. Winograd cc: Tee-Ann Hunter, Town Clerk Page 1 of 1 Catherine Valentino r"� From: Barbara Guttridge[bg24@cornell.edu] Sent: Wednesday, February 04,2004 10:50 AM To: Catherine Valentino Subject: jet skis TOWN OF ITHACA - Cathy Valentino, Town Supervisor cvalentino @ town.ithaca.ny.us,272-1721,215 North Tioga Street, Ithaca,NY 14850 Hello, I would like the Town of Ithaca to pass stronger regulations for jet skis than the regulation that was passed by Lansing Law. The Lansing Law creates a slow speed zone within 250 feet of shore. I have a canoe that I keep at a friend's house on the west shore of the lake and when I am paddling along the edge sometimes jet skis and motor boats come very close to me. It would be better to have this slow speed zone extend out to 500 feet from shore so that quiet shoreline activities (swimming, fishing,canoeing, kayaking, wildlife) are supported. I am unable attend the mtg. on Feb. 9 to voice my opinion. I ask that you to please take these concerns seriously. Thank you, Barbara Guttridge 239 Coy Glen Rd Ithaca Barbara Guttridge Financial Manager Telluride Association (607) 273-5011 2/4/2004 Catherine Valentino /Apm: Ellen Baer[eb19@cornell.edu] nt: Wednesday, February 04,2004 10:44 AM 10: Catherine Valentino Subject: Jet ski law Hello, I would like the Town of Ithaca to pass stronger regulations than the regulation that was passed by Lansing Law. The Lansing Law creates a slow speed zone within 250 feet of shore. I have a canoe that I keep at a friend's house on the west shore of the lake and when I am paddling along the edge sometimes jet skis and motor boats come very close to me. It would be better to have this slow speed zone extend out to 500 feet from shore so that quiet shoreline activities (swimming, fishing, canoeing, kayaking, wildlife) are supported. I would like to attend the mtg. on Feb. 9 to voice my opinion but I have a previous engagement. I urge you to please take these concerns seriously. Thank you, Ellen Baer /""*8 Coy Glen Rd _naca 1 Catherine Valentino ^9m: Lois Levitan [lcl3@comell.edu] nt: Friday, February 06,2004 2:16 PM To: Catherine Valentino; Peter C Stein; hjel @cornell.edu Subject: Please Support Watercraft Regulation in Town of Ithaca To: Cathy Valentino, Town Supervisor Other members of the Ithaca Town Board Dear Cathy and others, I am writing to encourage you to support regulation of jet skis on the sections of Cayuga Lake within the Town of Ithaca. I will be out of town when this matter is to be discussed at a Town Meeting early next week and hope these comments can be circulated to the full Town Board since I do not have email addresses for the full group. I am concerned both by the RISKS that jet skis pose to others in the water (swimmers, fishers, and those in non-motorized watercraft such as canoes, kayaks and small sailboats) and by their NOISE POLLUTION, affecting both people and wildlife. Anxiety created by both the RISKS and the NOISE can really ruin a nice day on the lake. I strongly urge the Town of Ithaca to: /'tet 1. Enforce a "slow speed zone" within 500 feet of shore (as ,mpared with the Lansing 250' zone) to really have an impact on reducing risk, turbulence and noise near shore. 2. Require minors under the age of 16 to take a boater safety course before being allowed to operate a PWD. It is terrifying to be swimming in the water or on the water in a canoe or small sailboat and have a child with no sense of the power of a motorized vehicle whiz by on jet skiis. It is not sufficient, and hardly enforceable, to require a parent to be watching their young jet skier from shore. 3. Prohibit--or restrict areas--where waterskiers can take off at high speed through this 500' slow speed shore zone. 4. Be sure the regulations are in effect around the clock Thank you for your consideration. Lois Levitan 766 Elm Street Extension Ithaca, New York 14850 Home phone: (607) 277-2790 Cell phone: (607) 592-0356 Work phone: (607) 255-4765 Fax (at work) : (607) 255-0238 LCL3@Cornell.edu 1 Page 1 of 3 Catherine Valentino From: Thomas J. Every[tje4@cornell.edu] Sent: Tuesday, February 10,2004 1:53 PM To: Catherine Valentino Subject: Fwd: Cayuga Lake Watercraft Ordinance Development Cathy: I had your email address wrong the first time so I am trying again. Tom Every Date: Mon, 09 Feb 2004 18:32:04-0500 To: carolynp @cityofithaca.org,cvalentino @town.ithaca.ny,tousuper@ twcny.rr.com,tlansupv @juno.co: From: "Thomas J. Every" <tje4@comell.edu> Subject: Cayuga Lake Watercraft Ordinance Development Cc: "Mary Shelley" <bmez@lightlink.com>, khackett@tompkins-co.org, edwin.gonzalez@oprhp.state.ny.us,jvitale@tompkins-co.org Dear Public Officials: I am writing to express my concerns regarding the new Lansing watercraft ordinance and the possibility that other municipalities may adopt identical ordinances. I am currently the recreation representative on the Tompkins County Water Resources Council and have almost 15 years experience boating on Cayuga Lake. In addition I am an avid kayaker, have a merchant marine captain's license, and currently am Operations Officer for the Coast Guard Auxiliary in Ithaca. However, I do want to stress that the concerns I am about to express are personal concerns and not those of the Coast Guard or Coast Guard Auxiliary. First,I would like to express some specific concerns regarding the recently enacted Lansing laws. I will address those on an item by item basis as follows: Ordinance of the Town of Lansing, County of Tompkins, and State of New York, providing for the regulation of watercraft in certain shoreline areas of Cayuga Lake, adopted October 8, 2003, and to be and become effective April 1, 2004. SECTION 5. No Wastercraft shall exceed a speed of a) 5 miles per hour within 100 feet of any Shoreline, dock, pier, raft, float , anchored or moored vessel or b) 10 miles per hour when between 100 feet and 250 feet from any Shoreline, dock,pier, raft,float or anchored or moored vessel unless: iv) such vessel is being operated near such shore, dock, float, pier,raft, or anchored vessel for the purpose of enabling a person engaged in water skiing to take off or land, or such vessel is required to run at full throttle through an established course to measure the 2/10/2004 Page 2 of 3 vessel's decibel level; r� I strongly believe there should be no exception in Section 5 for vessels engaged in water skiing to take off or land. As a kayaker and power boater I have witnessed reckless operation by water ski boats near shore that has jeopardized nearby vessels and the water skier being pulled. I also do not see the point of making an exception for testing a vessel's noise. That can be done further from shore. V) such vessel is competing in a regatta or boat race; vi) such vessel is a commercial vessel having a valid marine document issued by the United States or a foreign government. I do not believe this commercial vessel exception is necessary. SECTION 6. No Watercraft shall exceed a speed of 45 miles per hour during daylight hours within 1500 feet of any shoreline. This should be re-worded to say between sunrise and sunset. Daylight hours is a vague description whereas sunrise/sunset are established for each day. SECTION 9. No person under the age of 16 years old may operate a PWC unless he or she is: e) accompanied by an adult over the age of 18 years; or f) within 300 feet of a parent , or Sectin 9 (f) should be eliminated. I believe it is conflict with current NYS laws as described in the New York State Boaters Guide. The guide states that "..Individuals less than 18 years of age who have not successfully completed a boating safety course may only operate a vessel while under the direct supervision of an individual who is 18 years of age or older." I do not believe that having an adult within 300 ft. meets this criteria. It would have the effect of weakening the current NYS law and present enforcement problems for law enforcement agencies. h) posseses a Captain's License or New York Stat Guide's . Captain's License needs to be defined and I do not know what a guide's license represents. This item should be deleted. In general, I feel that creating local laws in Tompkins County for Cayuga Lake will be difficult to enforce to begin with. Having separate town/city laws will be even more difficult to enforce. There are no county, town, or city lines documented on the National Ocean Service chart for Cayuga Lake. This is the official document that boaters navigate by. How will a boater know when they are in a specific municipality's waters and that different laws apply? How will a law enforcement agency be able to legally prove that a vessel is in a municipality's waters. What laws will the NYS Park Police,Tompkins County 2/10/2004 Page 3 of 3 Sheriff, and local police agencies enforce when there are conflicts between the state and local laws? Before municipality's go any further with adopting local regulations I strongly recommend they have their attorneys review these issues. Regards, Thomas Every 2/10/2004 BARNEY, GROSSMAN, DUBOW & MARCUS �\ ATTORNEYS AT LAW SENECA BUILDING WEST JOHN C. BARNEY SUITE 400 FACSIMILE , PETER G.GROSSMAN 119 EAST SENECA STREET (607) 272.6806 DAVID A. DUBOW ITHACA, NEW YORK 14850 (NOT FOR SERVICE OF PAPERS) RANDALL B. MARCUS JONATHAN A.ORKIN (607) 273-6841 KEVIN A.JONES . February 12, 2004 George H. Winner,Jr.,. Esq. Keyser,Maloney&Winner, LLP HSBC Bank Building, 2"a Floor 150 Lake Street Elmira,New York 14901 Re: Ithaca Estates Subdivision-Phase III Dear George: This will acknowledge receipt of your letter of January 29, 2004 regarding the above subdivision. I wanted to give you a little history about Mr. Monkemeyer's actions regarding the subdivision for which he is now seeking approval. You should know that it was Mr. Monkemeyer, and not the Town,who initiated the suggestion of dedicating approximately 14.89 acres as a park and, substituting that dedication for the parcel adjacent to the Montessori School that had been previously offered for a park. It was understood by the Town that the 14.89 acre dedication would be in fulfilment of any other parkland dedications relative to several properties either owned by or under the control of Mr. Monkemeyer. The Town, in good faith,reacted to that proposal, spent a considerable amount of time and effort determining whether the area suggested by Mr. Monkemeyer would be feasible to use as a park, and came up with some modifications to make it a more acceptable arrangement. Throughout these discussions we were under the impression, fostered by Mr. Monkemeyer,that this was the direction in which he wanted to proceed. As a result the Town Board agreed, in concept,to the possibility of substitut- ing the 14,89 acre dedication for the 1.78 acre parcel adjacent to the Montessori School. In view of the fact that we took up this matter with both the Town Planning Board and the Town Board to get their agreement in concept, before accepting title to the 1.78 acre parcel I will need to bring the matter back to both the Planning Board and the Town Board to confirm that the park arrangements made many years ago regarding the 1.78 acre parcel are still acceptable. Assuming that the Town is willing to accept the 1.78 acre parcel, in addition to the proposed deed you sent,we will need a customary 40 year title abstract on the property, tax searches on the property, and an agreement(a copy of which I will be happy to supply to you) whereby Mr.Monkemeyer agrees to pay the real estate taxes on the parkland until the assessment BARNEY, GROSSMAN, DUBOW &.MARCUS ,�►� George H. Winner,Jr., Esq. February 12,2004 Page 2 on the property changes to tax exempt. Normally, as you know, this will occur effective March 1, following the date of the conveyance. If Mr. Monkemeyer is now abandoning his proposal for the 14.89 acre dedication, it might be appropriate for Mr. Monkemeyer, you, Town Director of Planning Jon Kanter, and myself to sit down together and have a conversation with respect to the 11 lot subdivision Mr. Monkemeyer is now proposing. On its face, there are a number of issues that should be addressed,preferably before the matter is even taken to-the Planning Board for further action. Among those items are the following: 1. Since Mr. Monkemeyer has withdrawn his suggestion of the 14.89 parkland dedication, and since he is now proposing 11 lots which under both the old and new Town zoning ordinances would permit as many as 22 families to reside on those lots, I am fairly certain that the Planning Board will make a finding requiring a park or parks suitably located for playground or other recreational purposes in the subdivision. The present subdivision map does not contain any suggested parkland. We can certainly go through the formal process of having the current subdivision map submitted to the Planning Board for them to consider whether to make a finding requiring a park. However,Mr. Kanter is in pretty close contact with the Chair and other members of the Planning Board and it is highly unlikely that they would not find that an 11 lot, 22 family subdivision does not require suitable parkland. Thus,to shortcut the process, it might be advisable to discuss where that park might be and how it might be configured. 2. As discussed in Mr. Kanter's letter, Lilium Lane is not a likely candidate for acceptance by the Town. I am perfectly willing to be educated,but I am not aware of any require- ment that a Town must accept a road. Article IV, Section 21, Subdivision 2 of the Town Subdivision Regulations state: "No dedication by the subdivider for an easement or a highway or other public use shall be shown on a plat unless the Town Board determines to accept such dedication." While your client is certainly free to make whatever case he might to try to make before either the Town Planning Board or the Town Board, it is highly unlikely that the Town Board will want to accept a road in contravention of the recommendation of the Town Highway Superintendent. Particularly in this case it seems that the need for the road is more for aesthetics than for access. If Mr. Monkemeyer wishes to have the aesthetics of a circular drive,he is certainly free to apply for that as part of the subdivision approval but he should not expect that the Town will accept dedication of the drive. I believe your client has been forwarded copies of the specifications for highways in the Town. If not, let me know and I will ask the Town to provide them to him. BARNEY, GROSSMAN, DUBOw & MARCUS George H.Winner, Jr.,Esq. February 12, 2004 Page 3 In short, the Town is more than willing to work with your client on any subdivision that he requests. Our problem is that working with Mr. Monkemeyer has been somewhat frustrating for the Town. We reach what we think is an agreement only to have him change his mind about some element. We deal with one representative, and months later a new player has entered the game on his behalf. For those reasons,we would strongly urge that a meeting be held as indicated above to see where we can go on this project, see what Mr. Monkemeyer is willing to accept, and give you and Mr. Monkemeyer some guidance as to what the Planning Board and the Town Board might find acceptable. You make some reference to the current zoning requirements allowing only three lots in the same area"that was under the previous discussion". I am not sure exactly what area you are talking about. However,right now the zoning ordinance that is in effect is essentially the same zoning'ordinance we have been using for the last 35 years. The zoning ordinance changes effective April 1, 2004 with respect to applications filed after that date, and after April 1, 2004, lands that have been re-zoned to be in a conservation zone are subject to basically a one or two family house for every seven acres. Some of W. Monkemeyer's lands have been so re-zoned, ,"'N namely those areas where there are some unique environmental features. However, a substantial portion of his land remains in the residential zones that are not so "up-zoned". Indeed, I believe that substantially all of the 11 lot subdivision your client is submitting,with a very small exception along one line that would constitute a buffer anyway, is all within a residential rather than a conservation zone. Again, perhaps if we were all sitting around a table with the maps in front of us,you could clarify exactly what W. Monkemeyer's concern is with respect to this issue. If you would like to arrange such a meeting,please give me a call. Ve y yours, JCB:sIs 'v xc: Supervisor Catherine Valentino Jon Kanter, Director of Planning 1 r"� �s ` Y QjtI Z ♦ V ra l I XA 1 �♦` �—�\ 1.� 4 �`� �•:���'• C � �; � _ _y�w IL � ``� ` ��'�' ��•� ,��t:~.\•3,3� �` � � oral • _ ~\ _ _.V� _ pr._�� . ter._. Vii.. �. w—,�„� _ .\� \1A r.� �` — ati`_ .i•Y�� _ 04J/ ... . mol • oto, � $`— f x. . s February 23, 2004 Jackie Kippola, Tourism Grants Liaison Tompkins County Strategic Tourism Planning Board 125 East Court Street Ithaca, NY 14850 Dear Jackie, This letter is in support of the Museum of the Earth's second annual Community Day Celebration to be held on September 25th, 2004. This wonderful new facility is an exciting addition to Ithaca's cultural and educational resources and an asset not only to Ithaca proper, but to the whole Tompkins County community. The Community Day Celebration kicked off its first annual event just after the Museum opened last year in October and was a huge success with over 2,000 people attending from Ithaca, Tompkins County, and beyond. People of all ages enjoyed many educational and arts n' crafts activities, musical entertainment, and the food of Dinosaur BBQ of Syracuse, while learning about the unique geologic #WON history of the region. The Community Day Celebration is a free event for the residents of Ithaca and Tompkins County and attracts many visitors, challenging the parking accommodations on site. This grant would help ensure sufficient signage and shuttle service from TCAT to make the event accessible and safer for all. The grant would also support marketing efforts in encouraging participation in the day's activities. I ask you to support the Museum of the Earth's Community Celebration Day with a full Community Celebrations Grant of $2,000. Thank you for you consideration. Sincerely, Catherine Valentino Town Supervisor Catherine Valentino gym: Thomas J. Every[tje4@cornell.edu] Tuesday, February 24,2004 4:12 PM To: carolynp@cityofithaca.org; Catherine Valentino;tousuper@twcny.rr.com;tlansupv@juno.com Cc: Mary Shelley; khackett@tompkins-co.org;jvitale@tompkins-co.org Subject: Lansing Watercraft Ordinance-Comments from NYS Parks and Recreation/Office of Boating Safety >Subject: RE: Cayuga Lake Watercraft Ordinance Development >Date: Tue, 24 Feb 2004 09:18:39 -0500 >X-MS-Has-Attach: >X-MS-TNEF-Correlator: >Thread-Topic: Cayuga Lake Watercraft Ordinance Development >Thread-Index: AcPvZX2g8k9+aLOIST+zddyffP8algD+L4lgAIbxAbABWRJ7EA== >X-PH: V4.1@mailhub2 >From: "Kempf, Brian (ALB) " <Brian.Kempf@oprhp.state.ny.us> >To: <tje4@cornell.edu> >Cc: "Gonzalez, Edwin (FL) " <Edwin.Gonzalez@oprhp.state.ny.us>, > "Rivenburgh, Steven (ALB) " . <Steven.Rivenburgh@oprhp.state.ny.us> >X-OriginalArrivalTime: 24 Feb 2004 14:18:40.0064 (UTC) >FILETIME=[l99A6400:0lC3FAE1] >X-PMX-Version: 4.5.0.90627, Antispam-Core: 4.0.4.90552, Antispam-Data: >2004.2.23.92682 >Mr. Every, > received a copy of your e-mail concerning local ordinances on C&yuga sake. As the office of boating safety I can offer you the following �mments: > although I generally concur with your comment on water skiing, that > provision has been in state law forever and most localities blend it into > their local ordinances. > Section 6, absolutely should read sunrise to sunset for the very > reason you mentioned > Section 9, yes this is in conflict with current state statute and > will not likely hold up in court > 1 9h-have no idea as to what they are talking about here at all. State > statute clearly defines the certificate required to operate a pwc and > localities can adopt nothing in conflict with that. NYS Guides licenses > are not new of the acceptable certificates as it implies no boater safety > education. > If you have further questions or would like to discuss this further > please don not hesitate to contact this office at 518-474-0445. >Brian Kempf >-----Original Message----- >From: Gonzalez, Edwin (FL) >Sent: Saturday, February 14, 2004 7:58 PM >To: Rivenburgh, Steven (ALB) eN: Ritchie, Scott Major (ALL) —abject: FW: Cayuga Lake Watercraft Ordinance Development >Lt. Rivenburgh, 1 To FF iTfY TOWN OF I THACA 215 NORTH TIOGA STREET ITHACA, N.Y. 14850 www.town.ithaca.ny.us TOWN CLERK'S OFFICE PHONE (607) 273-1721 FAX (607) 273-5854 March 1, 2004 Misters Livingston and Lackner 305 Sheffield Road Ithaca, New York 14850 Dear Mr. Livingston and Mr. Lackner: This is to certify that Mr. Livingston and Mr. Lackner appeared in my office at 9:10 a.m. on Monday, March 1 , 2004 to apply for a marriage license. At that time, due to my lack of clear understanding regarding how I should proceed in responding to this request, I asked that Mr. Livingston and Mr. Lackner allow me time to investigate the matter. I ,., asked that they give me their names and contact information so that I could respond to them before end of day. Sincerely, Tee-Ann Hunter Town Clerk 2j �� C. �A {1���j} t7 V N 0 U E r j BARNEY, GROSSMAN, DUBOW & MARCUS MAR - (� t ATTORNEYS AT LAW MAR 3 2004 SENECA BUILDING WEST SUITE 400 JOHN C. QARNEY PETER G. GROSSMAN 119 EAST SENECA STREET ATTEST f"17) vATz^•eAsAo' s_ DAVID A. DUBOW ITHACA, NEW YORK 14850 (NOT"h11SiR'7,T&MQARK RANDALL B. MARCUS JONATHANA. ORKIN (607) 273-6841 KEVIN A. JONES March 3, 2004. HAND DELIVERED Tee-Ann Hunter, Town Clerk Town of Ithaca 215 North Tioga Street Ithaca, New York 14850 Re: Marriage Licenses to Persons of the Same Sex Dear Tee-Ann: Enclosed for your reference is a copy of the case Stores v. Holcomb (245 A.D.2d 943 (3`d Dept. 1997)) in which the City of Ithaca was willing to issue a same sex marriage license but felt constrained by directions from the Department of Health against doing so. The lawsuit against the City declining to issue the permit was dismissed on the grounds that the State Health Department had not been included as a party. I have not seen whether another lawsuit was ever filed. There are a couple of earlier decisions holding that marriages between persons of the same sex were invalid (Anonymous v. Anonymous, 67 Misc.2d 982 (Sup. CT. 1971); B. v. B. 78 Misc. 2d 112 (Sup. CT. 1974)). Sincerely yours, JCB:sls Enclosure xc: Supervisor Catherine Valentino 00"I„ C+] a) GD i, 1 1 4-3 a) i E, O d7 i +J 1i , i a) r, i rC ^ al i Cy cs$ E-� rn 4.4 10 air. o4-1 �`'_ +' "� ym •G � •� qty � � . � •� a� C �•t y r " y4-:1•N 1ci � •bW 4-3 ,-3 1•• 'q , � r! ', rip p � 3 � � ) >w 0"0 Z � 0o y do> a) 1 . 4 ` " rp w a +4 , a . "�4 � 0• p 4-1 , +a p O cd O U al i + O f. 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ORKIN (607) 273-6841 KEVIN A.JONES March 4, 2004 CONFIDENTIAL-LEGAL ADVICE AND BACKGROUND Honorable Catherine Valentino, and Members of the Town Board of the Town of Ithaca 215 North Tioga Street Ithaca,New York 14850 Re: Evan Monkemeyer Ladies and Gentlemen: Back in the mid 1980's Evan Monkemeyer applied for and was granted subdivision approval for a series of lots along East King Road. As part of that proposal he was to dedicate approximately 1.7 acres of land to the Town for park purposes. Notwithstanding repeated requests from the Town to accomplish that conveyance it did not occur. Subsequently(somewhere in the mid 1990's) the Montessori School which owns and occupies the premises immediately west of the proposed park began negotiations with Mr. Monkemeyer to see if the school could acquire the proposed park land and have Mr. Monkemeyer dedicate other lands in exchange. This resulted in a series of meetings over a period of several years pursuant to which Mr. Monkemeyer offered approximately 12 acres to the Town as park land(later refined to be something more like 14.89 acres) in conjunction with several parcels controlled by his family in exchange for the Town giving up its right to require the dedication of the original 1.7 acre parcel. The Town was willing to consider this proposal and met with Mr. Monkemeyer and a succession of planners and attorneys representing Mr. Monkemeyer. We also met with the Montessori people who were attempting to accomplish the transfer. Each time we met with Mr. Monkemeyer we would have a discussion and he would want to think about it and then,it seems,a year or two later he would come back with a new attorney or a new planner and sometimes with a somewhat different proposal. The concept of exchanging park land was brought to both the Planning Board and to the Town Board for discussion and to obtain guidance in any further negotiations with Mr. Monkemeyer. Both the Planning Board and the Town Board reacted favorably to the proposal in concept and were supportive of continued negotiations to accomplish the dedication. In December, 2003,however, Mr.Monkemeyer requested that a subdivision application relating to his Ithaca Estates Phase III, a proposed 11 lot subdivision which had been submitted some lo-*� time ago,be reinstated as an active application. No mention was made of the park dedication of either the parcel adjacent to the Montessori School or the roughly 14 acres that had been considered BARNEY, GROSSMAN, DUBOw & MARCUS Honorable Catherine Valentino and Members of the Town Board March 4,2004 Page 2 in lieu of the Montessori School park dedication. Jon Kanter responded to Mr. Monkemeyer and a copy of Jon's letter of January 21,2004, is attached. One of the points made in that letter was that Mr. Monkemeyer was in default of his prior subdivision approval by failing to convey the 1.7 acre parcel adjacent to the Montessori School. This provoked a letter from a new attorney for Mr. Monkemeyer, George Winner, a copy of which is attached,in which he offers the deed for the conveyance of the 1.7 acre parcel. Typically when we accept transfers of property to the Town of Ithaca we treat it like a regular real estate closing. Thus, in addition to the deed, the developer provides us with a title abstract,tax searches,tax receipts, and the other documents that a seller customarily provides in connection with a property transfer, so that we can assure that the title is indeed good. In this instance we were also concerned because the Town Board had, at one time,in effect agreed to the substitution of the 14.89 acre parcel for the 1.7 acre parcel. Thus, I responded to Mr. Monkemeyer indicating that additional documentation was needed for the transfer and also indicating that I wanted to bring the matter back to the Town Board and the Town Planner Board to make sure that both Boards were still willing to accept the 1.7 acre parcel. Attached is a copy of my letter to Mr. Winner. Finally, also attached is a concept sketch to give you a general idea of the proposal. This is not the most recent iteration of the large parcel but does give you an idea of the direction in which the negotiations were headed. The purpose of this letter and attachments is to request the Town Board's guidance as to whether the Town is still willing to accept the 1.7 acre parcel. If so,we will go ahead and accom- plish the conveyance. You should know that once the property is so conveyed to the Town, we are no longer able to transfer it to any other party absent an act authorizing us to do so from the New York State Legislature. While it might be possible to get legislation,particularly if we are showing that the parcel is being exchanged for a much larger parcel,it does add an additional level of review and activity to what is already a somewhat complicated situation. We will be happy to discuss this further at the Town Board meeting in Executive Session. Very y yours, JCB:sls Attachments xc: Tee-Ann Hunter, Town Clerk Jonathan Kanter, Director of Planning h"`4 Thomas C. Weiler Mail Address: P. O. Box 6421, Ithaca, NY 14 16421A - 2004 Delivery Address: 1016 Trumansburg Road, IthacLne 14850 Home: 607.277.2599 ST�-- Office: 607.255.2166, fax-9998, E-mail tcw2 a@col.' ^T1�' March 5, 2004 Cathy Valentino, Supervisor Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Dear Ms. Valentino: For the second consecutive time, the recycling truck bypassed my house and curb side recylables. However, they did pick up my neighbors' — watched — at about 5:15 am. The truck must have driven past my location with baskets in full view ..,, because the rear end of the truck was facing my house as they stopped at my neighbors. They then proceeded South into the City. Two weeks ago I thought perhaps the snow impeded their view of my recyling baskets — that was not the case this time. My house is set between Trumansburg Road and Campbell Avenue — recycling pick up is on Campbell Avenue. This extension — between Brookfield Road and Trumansburg Road -- sometimes is neglected because it is one block long and outside the city limits. However that cannot be the explanation for this recycling oversight, because my neighbor also resides on this section of Campbell Avenue. Therefore I ask that you 1) look into the cause of the problem, 2) let me know in writing the "why" of the problem, and 3) make sure service is resumed two weeks from today. Thank you for your attention to this issue. 00* Sincerely, March 5,2004 Maria 1.3. Andrews Property \lanaucr S.B. Ashley Management Corporation Box 1015 146 Langmuir Lab 95 Brown Road Ithaca,NY 14850-1257 Re: East Hill Plaza, sewer blockage,November 26,2003 Town of Ithaca invoice 200319, sewer cleaning costs Dear Ms. Andrews: On November 26,2003 Town of Ithaca cleaned the sewer main that serves the East Hill Plaza in response to a complaint from Cornell University regarding a sewage back up at the C ISI.R offices on Pine Tree Road. The blockage in the Town of Ithaca sewer main was caused by heavy accumulations of grease,which originate from occupancies in the East Hill Plaza. This illegal discharge of grease into the Town of Ithaca Sanitary sewer system from the East Hill Plaza has been a chronic problem for several Years. The Town Engineer and Cornell University Facilities Staff have confirmed the Plaza food service and grocery tenants of the Plaza as the source of the grease. I am attaching the Invoice for the November 26 incident, which must be paid immediately. The Town of Ithaca sewer use law prohibits the discharge of grease into the public sanitary sewer. The building code requires ,-case traps or grease interceptors that have sufficient flow capacity and grease retention capacity to receive the drainage from fixtures and equipment in food preparation areas. Based on the continuing problems of grease accumulation in the sewers, the grease retention capacity serving the Plaza is not adequate. The Town of Ithaca Engineering staff is available to provide technical assistance for the correction of this problem. Please contact the Town Engineer to schedule a review of the sanitary sewage facilities to develop a plan to eliminate grease discharges and future sewer cleaning charges. Sincerely, Catherine V n/o, Town Supervisor CC Daniel Walker,Town Engineer Wayne Sincebaugh, Water and Sewer Maintenance Supervisor Andrew Frost,Code Enforcement Officer John Majeroni, Director,Cornell University Real Estate Department 1:1AdminTast Hill Plaza sewer use law violation 6-26-03 letter 5-2004.doc DWalkerAD Page 1 3/8/2004 MEMO March 8,2004 Honorable Catherine Valentino, Fellow Members of the Town of Ithaca Board Dear I am writing to urge the Board Members to vote yea for the zoning change on West Hill that was talked about and recommended by the Planning Board after their in-depth study. Hopefully,this change will make way for the mix of housing units that is so needed in our Town. The 4.6%vacancy rate in our county tends to drive up prices in this area in general,and tends to force the working poor out of the County. Cayuga&Seneca Counties have 10& 11%vacancy rate for comparison. As we all know affordable housing units have been declining over at least the last 10 years or more here in the Town of Ithaca as well as in the County. This need has been evidenced by long wait lists for affordable housing units,and by the data compiled by the 2000 Census.It underlines the needs expressed by such local Agencies as Ithaca Housing Authority,Tompkins County Area Development,Chamber of Commerce, Better Housing and known to all of us who work,or have worked in the Human Services in this area. Presently in T.C.there is a gap of 3281 affordable housing units and 35%of renters pay more than the recommended 30%of their salary in order to rent living space(2000 census).Many of these people commute from outlying counties and have expressed the desire to move here in order to live where they work. The cost of commuting is also expensive in terms of time and family needs as well as money. Given the above information,it will also be important to address the other issues so ably raised by the public at the Hearings: Safety needs including traffic calming measures such as turning lanes,crosswalks, crossing signals;safe playing areas for children,waiting areas for school buses,turnarounds where needed, and bike&walking paths to the City Line;also preservation of the viewshed as best as possible. Attention must be paid to all other changes proposed by the Planning Committee as well. I am so sorry that I cannot be there for this meeting. I am asking that this letter be read into the minutes to express my support for the above mentioned Zoning change. Thanks for considering the above, Sandra Gittelman,Member of the Board 03/08/04 MON 11:17 FAX 607 272 7348 CITY HALL 19 002 CITY OF ITHACA 1� 108 East Green Street Ithaca, New York 14850 l y OFFICE OF THE CITY CLERK p♦ Telephone: 607/274-6570 March 8, 2004 Mr. Peter Carucci Acting Director Bureau of Production Systems Management NYS Department of Health Corning Tower Empire State Plaza Albany, New York 12237 Dear Mr. Carucci; Enclosed please find information for the following same-sex couples that expressed their interest in applying for a New York State Marriage license on March 5, 2004: Gary Noce— Edward Shephard, Jr. Patricia Floyd —Catherine Halliday David Ellis—Edwin McCrudden Rebekah Green —Zara Paci Sarah Brady— Rebecca Ransom Leah O'Connor—Wendy Vonhof Beth DiPasqua— Lee Williams Johnnita Payne—Vida Schell Mary White—Suzanne Schwartz Martha Waters — Irene Zahava Richard Livingston — Michael Lackner Tish Pearlman—Carol Painter Anne Adams— Lyn Donohue Lynette Lavender—Kathleen Lavender Gary Titus—Steven White Please render your opinion as to whether valid New York State marriage licenses can be issued to these couples. Thank you for your assistance in this matter. Sinc ly, Imo, V Julie Conley Holcomb, City Clerk "An Equal Opportunity Employer with a commitment to workforce diversl@cation." .f: Richard D. Livingston RRE 305 Sheffield Rd. Ithaca,NY 14854 .W. March 8, 2004 In Re: Applications for Marriage to Same Sex Couples To: the Town of Ithaca Board; 1 apologize for not being able to attend your meeting, but, at that time, I will be taping my Public Access Television Program ( "Over the Rainbow" ) in which my guests and I will be discussing the same issue. Therefore, I am asking that this statement be read to you and the information with it shared. For the future, if the Board makes any changes or recommendations regarding this matter, I am requesting that I be notified in writing. "On 03/01/04 at approximately 9:10 a.m., my partner of six years and I went to the Town of Ithaca Clerks Office and asked to apply for a Marriage License. At that time, the Town Clerk, Ms. Hunter, asked us if we would hold off on our request for at least that day or until after the Mayor's Press Conference. ( See aid- C^ DQeumen-t #1 ). 1 did ask why my Constitutional Rights were being denied me, but, ,,.., agreed to her request to wait for a short time. �a My partner and I did then attend the Press Conference, during which, the Town Supervisor made a statement that the Town of Ithaca would support the City of Ithaca and would fiend any applications on to the Dept. of Health. Because of that declaration, we then returned to the Town Clerk's Office and filed for a marriage License. ( See attached Document #2 ). You will note that this was done on Monday, March 1 of this year and at 12:31 p.m. Prior to our being allowed to file our application, there was much discussion in regards to issues such as signatures, dates and payment. It was mutually agreed upon by all parties involved that both my partners' and my signature as well as that day's date would appear on the license and the fee of$22.50 was paid. After completion of the process, the Town Clerk, Ms. Hunter, reassured us that the said document would be filed with the NYS Dept. of Health, and, that I would receive a copy of a letter she would be sending along with the application. As of Friday, March 5, 1 had not yet received aforementioned promised letter. Also, on that same day 03/05/04, at approximately 11:00 a.m., I was attending a demonstration in the Town Clerks Office and was informed that my application for a Marriage License, filled out and paid for on the previous Monday, was not sent to the Dept. of Health, and furthermore, that this issue would be brought to your attention at your next meeting, Monday, March 8 and you, the Board, would be making the decision. The decision, as I see it, comes down to these two facts: 1.) The same guidelines and rules be followed for all individuals 2.) In not doing so,you will be denying my partner and I ( and others like us) our Rights as we are promised in the Constitution of the United States of America. Also,while at the Town Clerk's Office on that day, I noticed two documents ( See attached Documents#3 & #4 ). Document#3 is dated Friday, February 27, of this year, but is clearly stamped as having been received on Monday, March 1. As for Document#4,which is a fax from the Office of the State Attorney General and issues his opinion on the subject of Same Sex Marriage,was sent out on Wednesday, March 3. This brings me to the following points: 1.) Document #3 was received on or about the same time as my request to file and, as such, should not be a factor in that request. 2.) As for Document#4, the Attorney General, Mr. Spitzer, is entitled, like us all, to his opinion, and to quote from his fax, "These issues will be resolved in the courts". So, be it. My partner and I cannot help but feel we are being denied our rights to be treated as fairly as the next person because of whom we choose to love, and, because of that, we are denied our Constitutional Right as Americans to "life, liberty, and the pursuit of happiness". I urge you, the Board, to send the completed license and the fee to the NYS Dept. of Health and let it be on them to accept or deny the request that we have made, the same way they deal with hundreds of thousands of such requests by citizens wishing to enjoy their rights under the Constitution. I wish to thank you for taking the time to hear my statement and I look forward to hearing from you as soon as possible, The clock is ticking. Aince;rely yours, Richard D. Li ' gston 1001� cc: The Ithaca Journal CLERK:•ALL ENTRIES MUST BE TYPED OR PRINTED. D��•APPLICANTS MUST PROVIDE ALL INFORMATION IN THE AFFIDAVIT SECTION. BRIDE AND GROOM:INFORMATION ABOUT YOUR INDIVIDUAL CHOICE OF •ISSUE TOP COPY TO COUPLE. -- SURNAMES AFT F YOUR MARRIAGE IS ON THE REVERSE SIDE OF THIS FORM •RETAIN CARBON COPY UNTIL TOP COPY IS RETURNED BY THE OFFICIANT. STATEO F NEW YORK F STATE FILE NUMBER COUNTY TOI�KnvS (T171S SPACE FOR STATE USE ONLY) �STRI TY/TOWN ITHACA DEPARTMENT OF HEALTH JMBER 5455 AFFIDAVIT, LICENSE and REGISTER 013 NUMBER CERTIFICATE OF MARRIAGE LD SUPPLEMENTAL FILE FROM THE GROOM FROM THE BRIDE 1 A. FULL NAME MICHAEL JOSEPH LACKNER 11, A. FULL NAME RICHARD DOUGLAS LIVINGSTON FIRST MIDDLE CURRENT SURNAME FIRST MIDDLE CURRENT SURNAME N B BIRTH NAME.IF DIFFERENT e. BIRTH NAME(MAIDEN NAME),IF DIFFERENT C SURNAME AFTER MARRIAGE LIVWGSTON-LACKNER C SURNAME AFTER MARRIAGE LIVINGSTON-LACKNER (OPTIONAL-SEE REVERSE) 125-42-1619 (OPTIONAL-SEE REVERSE)O70-S6-6838 0 SOCIAL SECURITY NUMBER D SOCIAL SECURITY NUMBER { 2. RESIDENCE A. NY B. TDMPKINS 12 RESIDENCE A NY g TOMPKINS >� ( A7 I ( UN ) (S A ) fCOUN C. CHECK ONE ❑ CITY LXj TOWN ❑ VILLAGE C. CHECK ONE J CITY Ix TOWN 0 VILLAGE ANDAND SPECIFY ITHACA SPECIFY ITHACA D. STREET ADDRESS 305 SHEFFIELD RD ZIP 14850 D STREET ADDRESS 305 SHEFFIELD RD ZIP 14850 E. IS RESIDENCE WITHIN LIMITS OF CITY OR INCORPORATED VILLAGE? rh YES ❑ NO E. IS RESIDENCE WITHIN LIMITS OF CITY OR INCORPORATED VILLAGE? & YES ❑ NO 3. A. AGE 60 38.DATE OF BIRTH 09 /08 /43 13.A. AGE 42 13.B.DATE OF BIRTH_ 03 11 /61 4. EMPLOYMENT MONTH DAY YEAR MONTH DAY YEAR 14.EMPLOYMENT a A. USUAL OCCUPATION A. USUAL OCCUPATION COORDINATOR B. TYPE OF INDUSTRY OR BUSINESS B. TYPE OF INDUSTRY OR BUSINESS MENTAL.HEALTH 5. PLACE OF BIRTH NEWFIELD,NEW YORK WELLSVILLE,NEW YORK 6. FATHER (CITY,STATEICOUNTRY IF NOT USA) 15.PLACE OF BIRTH (CITY,STATE/COUNTRY IF NOT USA) 16.FATHER A. NAME FRANK LACKNER A. NAME KENNETH DIVENS > B. COUNTRY OF BIRTH AUSTRIA B. COUNTRY OF BIRTH USA Q -- Q 7. MOTHER 17.MOTHER BEATRICE PURDY BONNIE LIVINGSTON o LL A. MAIDEN NAME A. MAIDEN NAME LL USA a Q B. COUNTRY OF BIRTH U` B. COUNTRY OF BIRTH a 8. NUMBER OF THIS MARRIAGE 1 18.NUMBER OF THIS MARRIAGE 1 5 r 9. PREVIOUS MARRIAGES 13. PREVIOUS MARRIAGES ul A. NUMBER OF PREVIOUS MARRIAGES WHICH ENDED BY A. NUMBER OF PREVIOUS MARRIAGES WHICH ENDED BY r DIVORCE CIVIL ANNULMENT DEATH DIVORCE CIVIL ANNULMENT DEATH 1 , B. HOW DID LAST MARRIAGE END? (3)❑ DIVORCE (3)❑ANNULMENT (2)❑DEATH B. HOW DID LAST MARRIAGE END? (3)1) DIVOR (3)❑AyM1[t7LMENT (21Q DEATH s C. DATE LAST MARRIAGE ENDED? C. DATE LAST MARRIAGE ENDED? 12f / IJV MONTH XDAY YEAR MONTH DAY YEAR D. ARE ANY FORMER SPOUSE(S)ALIVE? ❑YES ❑NO D. ARE ANY FORMER SPOUSE(S)ALIVE? ❑YES ❑NO 10.IF PREVIOUSLY DIVORCED OR ANNULED,PROVIDE THE FOLLOWING INFORMATION 20. IF PREVIOUSLY DIVORCED OR ANNULED,PROVIDE THE FOLLOWING INFORMATION DATE OF DECREE PLACE ISSUED AGAINST WHOM DATE OF DECREE PLACE ISSUED AGAINST WHOM (MONTH,DAY,YEAR) (CITY,STATEICOUNTRY.IF NOT USA) SELF SPOUSE IST (Mlfj/10 1 YEAR) (CITY,SJR'�I6r,G:Jy,Zr(Y,.tF„[�jQ1J,(„S(� SEF SPOUSE IST 11[L// i�S/� J LhUISbtH(.VlJ1V 1 Y O C] 2ND ❑ ❑ 2ND p ❑ a 3RD ❑ ❑ 3RD ❑ ❑ 4TH Cl ❑ 4TH aJ 71 a being duly sworn,depose and say,that to the est of my knowledge and belie)that the information I provided is Ir a tl1 d clno eg pedi nt e as to my right to enter into the marriage state. lists e w 21.SIGNATURE OF GROOM USE�RNTNAME 22.SIGNATURE OF BRIDE USE144, 23. SUBSCRIBED AND SWORN TO BEFORE ME O3/Ol/O4 SIGNATURE OF TOWN OR CITY CLERK 10. OAT__ This license authorizes the marriage in New York State of the bride and groom named above by any person authorized WNew York Domestic Relations Law§11 to perform marriage ceremonies within New York Stale. THIS LICENSE VALID IN NEW YORK STATE ONLY. Jr LLI ❑ II checked,this license is to be used only for the purpose of a second or subsequent ceremony. U) r�� 24.TOWN OR CITY CLERK 25.A.SOLEMNIZATION PERIOD BEGINS 29.B.SOLEMNIZATION PERIOD W NAME(PRINT) TEE-ANN HUNTER ENOS AT MIDNIGHT ON V TIME MONTH ^AY YEAR MONTH DAY YEAR J S SEAL SIGNATUREjl� DATE 03/01/04 MAILING ADDRESS 215 NORTH TIOGA ST ITHACA NY 14850 12:31 PAM M 03 02 04 04 30 04 STREET CITYITOWN STATE ZIP 1 CERTIFY THAT I SOLEMNIZED26SOLEMNIZATION OCCURRED 27.TYPE OF CEREMONY 28.PLACE WHERE MARRIAGE OCCURRED THE MARRIAGE OF THE PER- . SONS NAMED ABOVE ON THE TIM6 I MO. I DAY YEAR 0 1= RELIGIOUS 1 r71 CIVIL NEW YORK DATE AND AT THE TIME AND AM A. STATE B. COUNTY x PLACE INDICATED. PM 9 i] OTHER.SPECIFY C. LOCATION OF CEREMONY x 29.OFFICIANT (CHECK ONE AND SPECIFY) - z Q NAME(PRINT) TITLE _ L,) ! CITY OF TOWN OF El VILLAGE OF z c� LL SIGNATURE 0- DATE 3 MAILING ADDRESS SPECIFY r i W STREET CITYROWN STATE ZIP lyj c (J 30.WITNESS TO CEREMONY 31.WITNESS TO CEREMONY F NEW YORK STAT E 0 DEPARTMENT OF HEALTH Corning Tower The Governor Nelson A. Rockefeller Empire laza Albany, New York 12237 Antonia C. Novello, M.D.. MPH., Dr.P.H. h erns R Whalen Commissioner gutive Deputy Commissioner February 27, 2004 Dear New York State City and Town Clerks outside the City of New York: On February 26, 2004 the New York State Department of Health issued the follo-�vincf statement regarding the issuance of licenses for same-sex marriages. "New York's law does not authorize the issuance of marriage licenses to persons of the same sex, and New York courts, recognizing the traditional definition of marriage as the voluntary union of one man as husband and one woman as wife, have required the parties to a marriage to be of opposite sexes. ?ONN% A municipal clerk who issues a marriage license outside these guidelines, and any person who solemnizes such a marriage, would be violating state law and subject to penalties in law. Furthermore, the Department of Health is prohibited under state law from recognizing such invalid marriage licenses." New York courts have consistently viewed it essential to the formation of a marriage that the parties be of opposite sexes. The Domestic Relations Law, Article 3, sections 22 and 23, provide that any town or city clerk who shall violate the provisions of Article 3 or shall fail to comply therewith shall be guilty of a misdemeanor, and that when the state Commissioner of Health shall deem it necessary, she shall report cases of violation of any provisions of the article to the appropriate district attorney. Please act accordingly. Sincerely, c I ! - Peter M. Carucci Acting Director Bureau of Production Systems Management AOM* TOWN .OF .DANBY ID :607-277-0559 MAR 03 '04 14 :43 No .006 P . 02 r%a 1 \/1.114E 1 VLl\1r1V\L lUU\J14U Vi al♦a\�ava vs u.1L uu� ♦.as u�.�..•vw —rra.. �� 00C-4 Press Releases '^ Office of lgovrYork State Attorney General Elicit Spitzer lla�u� Department of Law i?epartnicnt of Law 120 Broadway The Statc Capitol PressRelcscs New York,NY 10271 Albany,NY 12224 'four the AG's Off ice For Morc Information: For hrunediate Release 212-416-6060 March 3,2004 `;"'onracr the A`ce Office ATTORNEY GENERAL ISSUES OPINION ON SAME Unks to Other Sites SAME SEX MARRIAGE Sgarch Attorney General Eliot Spitzer today issued a legal analysis of the issues hidex surrounding same sex marriage in New York. 1'''"=s1-?'°f'c ' The analysis is meant to provide guidance to local officials throughout New York 1!pdaied 1-24-03 State as to whether they may issue marriage licenses to sank sex cot.uplcs and Disclaiinur whether same sex marriages are valid in New York. Spitzer's office carefully reviewed the language and history of New York's Domestic Relations Law and other relevant statutes and issued an opinion from his office with the following findings: . The language of the New York State Domestic Relations Law -which includes references to "bride and groom" and "husband and wife" - does not authorize the issuance of licenses to same sex couples in New York; . Therefore, the opinion recommends that local officials in New York should not issue marriage licenses to same sex couples, and officiants should not solemnize salve sex wedding ceremonies; ' . New York's marriage laws raise important constitutional questions involving the equal protection of the laws. Any uncertainly arising from those questions must and will be decided by the courts; and . Under state court precedent, same sex marriages and civil unions lawfully entered in other jurisdictions outside the state should he recognized in New York. "The issues underlying this opinion represent matters on which people of good faith have strongly-held and widely divergent views," Spitzer said. "Ultimately, these issues will be resolved in the courts, which have the overriding authority to interpret and apply the law. Until then, this analysis is being offered to help guide local officials in the performance of their duties." The sante sex marriage issue was thrust into the public spotlight when the Mayor of New Paltz officiated at marriages of gay and lesbian couples last Friday, Spitzer was asked by the Executive branch to seek an injunction to prevent the mayor from performing the marriages but declined to do so because he did not believe the action met the legal standard for granting an injunction. That standard involves a showing of"immediate and irreparable injury, loss or damage." In littp://www.oag.state.ny.us/prcss/2004/mar/marO3a-04.litjiil 3/3/04 TOWN .OF}. DANBY va i�ui�i.1 ID 1071277-0559 �^ ��MRR��0 ID4 14 : 44 No .006 P .03 l "&, X. v, L addition, the mayor's conduct was addressed clearly by a section of law providing criminal misdemeanor penalties for persons who solemnize marriages without licenses. l'he local district attorney has the authority to enforce that law. Attachments: • Opinion of the AG http://www.oag.state.ny.us/press/2004/mai-/niaro3a-04.litni1 3/3/04 OF 17, .�9 TOWN OF ITHACA 1821 -- ,.•., Yo�� 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us TOWN CLERK 273-1721 HIGHWAY(Roads,Parks,Trails,Water&Sewer)273-1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX(607)273-1704 March 9, 2004 Mr. Livingston and Mr. Lackner 305 Sheffield Road Ithaca, NY 14850 Dear Mr. Livingston and Mr. Lackner: Enclosed is a copy of the letter forwarding your marriage license application on to the New York State Department of Health. I am also enclosing your check for $22.50 made out to the New York State Department of. Health. Since you filed your application with me, we have ,••, received communication from both the New York State Department of Health and the New York State Attorney General that it is not legal for a Town Clerk to issue a license to a same sex couple. However, we had committed_ to you that we would send your application on the Department of Health and as you can see I have done so. The Town Board and I are sympathetic to your desire to enter into a legally valid marriage. If and when the Department of Health or a court advises us that we may legally do so, we will be happy to issue you a marriage license. I am sorry that, at this time, we cannot otherwise process your application. Sincerely, Tee-Ann Hunter Town Clerk Enc. OF 17, ° _ 9a TOWN OF ITHACA 1821' 904 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us TOWN CLERK 273-1721 HIGHWAY(Roads,Parks,Trails,Water&sewer)273-1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX(607)273-1704 March 9, 2004 Mr. Peter Carucci Acting Director Bureau of Production Systems Management New York State Department of Health Corning Tower Empire State Plaza Albany, New York 12237 Dear Mr. Carucci: eOWA� Enclosed please find affidavit information from a same-sex couple that expressed their interest in applying for a New York State Marriage License on March 2, 2004. The information was collected with the intention of forwarding it on to you to render a decision as to whether a valid New York State marriage license can be issued to the couple. Since the time of the affidavit, this office received statements from the Department of Health and the Attorney General indicating that the State of New York does not authorize the issuance of marriage licenses to persons of the same sex. No license has been issued, but the information collected is being forwarded on to you should you choose to respond to this application. Sincerely, Tee-Ann Hunter Town Clerk Enc. Cc: M. Lackner R. Livingston r^� Town Supervisor Ithaca, NY 14850 Catherine Valentino 215 N. Tioga Street l 607-273-1721 March 9,2004 Ms. Judith Calogero,Commissioner Division of Housing and Community Renewal Hampton Plaza 3840 State Street Albany,New York 12207 , Re: Ellis Hollow Apartments rehabilitation,Town of Ithaca Dear Commissioner Calogero: I am very pleased to write this letter on behalf of the Town of Ithaca Town Board in support of the application of Conifer Realty, LLC to obtain the funding assistance necessary to rehabilitate the Ellis Hollow Apartments. Ithaca is a small,close-knit community with two major universities. The colleges are wonderful resources in the community with well paying jobs and a large number of students who allow us to have active and vibrant stores and shops throughout the area. However,the number of people associated with the universities has put tremendous pressure on the housing market causing ever- increasing rents and very low vacancy rates. The proposal to rehabilitate the Ellis Hollow Apartments is very desirable to senior citizens because of its good location,public transportation and close proximity to shopping and services. However,the very elements that make it desirable to senior citizens also make it desirable to college students. If this housing were lost to the senior citizens,there is no way that many of them could find safe,decent affordable housing in this market. Therefore, as Town Supervisor, and on behalf of the Town Board, I fully support Conifer's proposal to rehabilitate the apartment complex and to keep it as housing for the senior citizens of this community. I encourage the New York State Division of Housing and Community Renewal to provide Conifer with the funding necessary to rehabilitate the Ellis Hollow Apartments and to make the much needed improvements that are planned. These improvements will enhance the quality of life for.the residents and allow them to better age-in-place. Sincerely, Catherine Valentino, Supervisor Town of Ithaca /Om%g cc: Lisa Kuligowski, Conifer Realty 0 41�307-C Town Supervisor Ithaca, NY 14850 therine Valentino 215 N. Tioga Street 607-273-1721 March 9, 2004 Mr. Timothy Fournier, Chief Operating Officer Conifer Realty,LLC 183 East Main Street-6'h Floor Rochester,NY 14606 Re: Ellis Hollow Apartments—PILOT Agreement, Town of Ithaca Dear Mr. Fournier: This letter is in response to your request to extend the Payment in Lieu of Taxes (PILOT) agreement on the Ellis Hollow Apartments in the Town of Ithaca. Ellis Hollow Apartments has had a PILOT agreement with the Town of Ithaca since November 20, 1973. The Town Board . recently approved the assignment of the PILOT to Conifer in Resolution No. 2003-010 at your. request, because of the anticipated change in ownership upon your purchase of the project. Your current PILOT agreement with the Town provides for PILOT payments that are 10%of Shelter Rents less common utility charges. The agreement will remain in force while the HUD Section 236 mortgage is in place. In order to rehabilitate the project,you have proposed paying off the Section 236 mortgage and obtaining additional financing from other sources, including the New York State Division of Housing and Community Renewal. This new financing package would allow you to make the upgrades that you have planned. At the March 8, 2004 meeting of the Town Board of the Town of Ithaca, a resolution was passed that supports your proposed rehabilitation of the Ellis Hollow Apartments and affirms that the Town anticipates entering into a new PILOT agreement when you pay off your mortgage and thereby terminate the existing PILOT agreement. The new PILOT will be for a period of 30 years and have terms that are substantially identical to the existing PILOT. The new PILOT will be conditioned on your continued provision of housing for low income senior citizens. Should you have any questions,please feel free to contact me at any time. Sincerely, Catherine Valentino, Supervisor Town of Ithaca 0 307-C Town Supervisor Ithaca, NY 14850 ,-O%therine Valentino 215 N. Tioga Street 607-273-1721 March 16, 2004 Ms. Judy Calogero Commissioner New York State Division of Housing and Community Renewal Hampton Plaza 38-40 State Street Albany, New York 12207 Re: The Overlook at West Hill—Ithaca. New York Dear Ms. Calogero: As Town Supervisor for the Town of Ithaca, I am writing to express the strong support of the Town for the proposed affordable housing development known as The Overlook at West Hill. For many years now,the residents of the Town of Ithaca have been faced with a widening gap between the demand and supply of affordable housing opportunities. Increasing the supply of safe,attractive and affordable places for our residents to live is one of the Town's highest priorities. The Overlook community proposed by Ithaca Neighborhood Housing Services and Aris Investments was designed to meet the severe affordable housing needs of our community. Over the past nine months,the development team has taken great care to tailor the development plan to satisfy the goals outlined in the Town's Comprehensive plan and to respond to the requests made by the members of the Town Board,Planning Board, and the community. The proposed community's location,directly adjacent from the Cayuga Medical Center and in an area targeted for future residential development, insures its role in helping to further the economic development goals of the Town. The Town has granted the Project site rezoning,SEQRA, and preliminary site-plan approval. Both INHS and Aris are respected members of our community and we look forward to working with these organizations to make the Overlook Project a success. The Town of Ithaca urges DHCR to approve the Project's application for financing assistance as the Overlook will play a critical role in meeting the increasing affordable housing needs of our community. Sincerely, Y Catherine Valentino Town Supervisor ';GqU 307-C TOWN OF COVERT JUDITH M. BOYES, TOWN CLERK 3745 COUNTY ROAD 150 INTERLAKEN, NEW YORK 14847 March 24. 2004 'Town of Ithaca Highway Dept. Attention: Fred Noteboom 106 Seven Mile Drive Ithaca NY 14850 Fred: The Town Board of the Town of Covert would like to express a very special THANK YOU to the Town of Ithaca Highway Department for all of their help in cleaning out the footer drains around the Town's Municipal Building. Thank You Again! Sincerely, Com) lith M. Boyes Covert Town Clerk Tee Ann Hunter ,.From: Gail Kroll [gkroll@ town.ithaca.ny.us] nt: Friday, March 26, 2004 12:48 PM o: Tee Ann Hunter Subject: FYI OU PENNandKENDALLn opark.dot Tee Ann, The attached letter will be put in people's doors on Monday so that they know about the upcoming public hearing. Gail H. Kroll Administrative Assistant Town of Ithaca Highway Department 106 Seven Mile Drive Ithaca, NY 14850 Phone: (607) 273-1656 Fax: (607) 272-6076 E-Mail: gkroll@town.ithaca.ny.us 1 -Ilk 0 F]T� O 9� � a TOWN OF ITHACA HIGHWAY DEPARTMENT 106 SEVEN MILE DRIVE, ITHACA, N.Y. 14850 publicworks @town.ithaca.ny.us PHONE(607)273-1656 Roads,Parks,Trails,Sewer,and Water FAX(607)272-6076 March 29, 2004 Resident Kendall Avenue Pennsylvania Avenue Ithaca,NY 14850 Dear Resident: The Town of Ithaca Highway Department, along with the Public Works Committee, is requesting the Town Board of the Town of Ithaca to review and act upon a local law requiring no parking on Pennsylvania Avenue and Kendall Avenue. The Town Board will be discussing this issue at their regular meeting on Monday,April 12,2004. At this meeting, there will be a public hearing, starting at 6:15 p.m., to hear residents' concerns. If you are unable to attend and would like to comment,please send a letter (106 Seven Mile Drive,Ithaca,NY 14850) or an e-mail (e-mail address: publicworks@town.ithaca.ny.us). If you have any other questions, feel free to call me at 273-1656. Sincerely, Fred Noteboom Highway Superintendent r� ghk TOWN OF ITHACA 215 N. TICIGA STREET, ITHACA, N.Y. 14850 www.town.ithaca.ny.us TOWN CLERK 273-1721 HIGHWAY(Roads,Parks,TraiIs,Water&Sewer)273-1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 March 31, 2004 Adrienne Zaharis 128 Woolf Lane Ithaca, NY 14850 Dear Ms. Zaharis: Thank you for your letter of March 9, 2004, regarding apparent problems with the water line installation on Woolf Lane extending to the Town of Ulysses. I had my Public Works staff check on the items that you outlined in your letter. A contractor that was hired by the Town of Ulysses did the water line and pttmp station installation. I have directed my staff to follow up with the Town of Ulysses to make sure that the end of your driveway gets fixed to the condition that it was before construction started. In addition, the Pubic Works staff will replace your mailboxes since they suggested that they could have been damaged by the Town of Ithaca's snowplow. If you have any other questions or concerns,please feel free call me, or the staff at the Public Works Facility (273-1656). Sincerely, Catherine Valentino Town of Ithaca Supervisor ghk AFR a 2004 ) . j�TTES T STATE OF N Ew YORK ;THACA TOWN Ct_E4K DEPARTMENT OF TRANSPORTATION 333 EAST WASHINGTON STREET SYRACUSE, N.Y. 13202 JON P. EDINGER, P.E. JOSEPH H. BOARDMAN REGIONAL DIRECTOR COMMISSIONER April 1, 2004 Ms. Tee-Ann Hunter Town Clerk, Town of Ithaca 215 North Tioga Street Ithaca,New York 14850 Dear Ms. Hunter: RE: REQUEST FOR SCHOOL SPEED LIMIT ON WINTHROP DRIVE Thank you for your March 16 letter requesting a school speed limit on Winthrop Drive at the Northeast Elementary School. A formal investigation will be conducted at the subject location. The Department has begun a new initiative to be more responsive to you, our customers. To carry out this initiative, we encourage you to submit any information which may be helpful in our investigation. This may include petitions, letters from the public, accident data, traffic volume and speed data, maps, etc. This information should be submitted to my office at the above address. Please be aware that our review requires sufficient field investigation and analysis to assure a proper response. Upon completion of the investigation. you will be notified of the results and our determination. Your interest in this matter is greatly appreciated. Very truly yours, GEORGE A. DOUCETTE, P. E. Regional Traffic Engineer cc: P. F. Messmer, Highway Manager, Tompkins County Highway Department C. Valentino, Supervisor, Town of Ithaca M. Koplinka-Loehr, County Legislator, District I 1 i i Dr. Heriberto Dison ! P.O. Box 742 ' �,d� APR 1 2 2004 New Paltz, New York 12561-0742 ; ATTEST ITHACA TOWN CtE4F' Ms. Cathy Valentino, Supervisor �- Town of Ithaca J 215 North Tioga Street Ithaca, New York 14850 April 6, 2004 Dear Ms. Valentino: We are very pleased to learn of your plans to proceed with the development of Tutelo Park, appropriately named for our ancestors who lived in the vicinity. As you may already know each year a group of us gather in September to symbolically relight the council fire that was abruptly extinguished by the Sullivan Campaign.in 1779. We would hope that your park development plans would provide for the dedication of a place for our ceremonial council fire commemorations each year! It would be our pleasure to meet with you at the earliest mutually convenient time to discuss how our Tutelo-Saponi history might be displayed for the general public. In closing, we are very pleased with the naming of Tutelo Park which acknowledges our ancestors' presence in the early history of Ithaca and look forward to working with you on the proper dedication of Tutelo Park. Yours truly, riberto Dixon, Ph.D. Saponi (Tutelo)Nation Enc. 00ft►. Cornell University Telephone:607255-8307 114 Day]-fall pax:607 255-5396 Ithaca,NY 14853-2801 Goverent& Community Relations j�n [] i'� nm - x APA 1 5 2004 April 13, 2004 F rs.S - - ` iT4-1reGA TO'N�'•i.4��a� To: Cathy Valentino, Jon Kanter,Town Board members From: Gary Stewart Re: Clarifying Journal reportage Thanks for giving us time for some remarks and the chance to answer questions last evening. I don't know if you read The Journal's front-page article on the meeting, but I've asked them to clarify my statement, "We have given our word to(town officials) and others that we're going to pursue this, and we will." I think it may have read like a vow that CU will build housing for its employees in the future. At that juncture I was referencing Cornell's promise to the town to inventory its land and possibly propose sites for non-specified development that may include affordable housing, rather than the concept of university-built housing for employees. Thanks again, and we look forward to picking up the dialogue on these and related issues in the near future. Cordially, -.-:�Zw_ Gary J. Stewart cc: Fred Wilcox � r Catherine Valentino From: Rod Ghearing[rod.ghearing@tcatmail.comj Sent: Monday, April 19, 2004 2:26 PM /004{To: Catherine Valentino Subject: Fwd: Overlook-why some people oppose it. Cathy, I thought you might be interested in this. Rod >Delivered-To: rod.ghearing@mail.tcatmail.com >X-Sender: dwight.mengel@192.168.0.55 (Unverified) >X-Mailer: QUALCOMM Windows Eudora Version 5.2.1 >Date: Mon, 19 Apr 2004 14:10:30 -0400 >To: Barbara Blanchard <bb359cornell.edu>, > Rod Ghearing <reg7@tcatmail.com> >From: Dwight Mengel <demll@tcatmail.com> >Subject: Overlook - why some people oppose it. >As the Overlook Project comes to a head on Tuesday, I've had >one call and one visit from opponents. Barbara asked why do >people oppose it? Well the two people who talked with me >expressed that they like the rural character of the Hayts Road >area and don't want to see it changed. Further, they do not want >lower income people, "those people", as their neighbors. You would >think the project was a crime-ridden public housing project. >One person stated that Linderman Creek has had over 180 police calls >since it opened. Traffic is a smoke screen. Since TCAT will provide /�'1>direct service to Overlook, the opponents have one less arrow >to use Tuesday night. >Dwight Mengel >Service Development Manager >Tompkins Consolidated Area Transit >737 Willow Ave. >Ithaca, NY. 14850 >Voice (607) 277-9388 ext.520 >Fax (607) 277-9551 1 OF I7, ° �9 TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 w � TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX(607)273-1704 April 27,2004 ((LastName)) ((Address]» ((City»,((State))((PostalCode)) RE: Address Changes Eastwood Commons This letter serves as formal notice that your property address within the Eastwood Commons is now in the process of becoming official. As you recall,a letter was sent from this office on March 4,2004,notifying you of the impending change and asking for feedback. The only change is the word UNIT will be added after the building number. For example,building 250 Strawberry Hill Circle will be 250 Unit 1 Strawberry Hill Circle,250 Unit 2 Strawberry Hill Circle,etc. Please be advised that if your current unit is lettered A it will become Unit 1,B=Unit 2,C=Unit 3,and D=Unit 4. 1 don't believe it would be a problem for those who prefer to use a different setting for an address to write"250 Strawberry Hill Circle,Unit 1"as opposed to 250 Unit 1 Strawberry Hill Circle. Both ways should function fine. The Town Board,during their May 10 meeting,will be officially changing the sections of road names as previously outlined. The public is invited to attend this meeting with this action taking place at 6:30 pm. With this action by the Town Board in May it has /''N decided to change the effective date to July 1,2004. Finally,enclosed is a map titled"New Eastwood Commons Addresses." Once again,this process has previously occurred in other areas of the Town. The agencies and offices noted as"cc"at the end of this letter are being notified. You should not have to notify them. You should notify the State and Federal governments(as necessary),credit card companies,banks,magazine subscriptions,etc. Please feel free to call me should problems arise. Sincerely yours, Andrew S.Frost Director of Building and Zoning Enclosure ASF/dlh cc: Cathy Valentino,Town Supervisor Dan Walker,Town Engineer Tim Gatch,Ithaca Post Office Russ Klinger,Tompkins County Assessment Dan Tier,Ithaca Fire Department Kristie Sopp,Tompkins County Board of Elections Judy Bower,Bolton Point Lee Shurtleff,Tompkins County Fire Coordinator Mary Boles,NYSEG Corp. Fred Noteboom,Highway Superintendent Debby Kelley,Bookkeeper to the Supervisor L f f g i i Dr. Joan A. Luckhurst. AM% '' 465 E. Main Street APR 2 7 2004 �,p'�, Owego, NY 13827 M's. Ca%,crinc Valentin f I 1 �i�L /�' Town Supervisor � CST T Street c�, !� ri_car Ithaca, NY 14850 Dear Ms. Valentino: I am attaching a copy of a notice my daughter received on Wednescim April 14, 2004. Please notC 1.11M LM- VIUICIiioi"i Uni�_ iS +'J(;V H—Wer 18, .02003. My cla ghlici ori. ithacii L i1i", camprrs pit the time. She accepted responsibility for the mistake of riot 11','r-seatbelt r : : .iit .ti.�.n � she traveled from ii : She tile ctiN uuZcii icci u,i ic7i : responded to the "ticket" immediately. Slie then proceeded to wait FIVE MON l I !S for your %Icrii and"TOw-n Jus iii;i " ici ilii iilcii" ii iii i%. i vu Wiii notice aisia zkhial, aii11011gIl ii ioiiri those two such a long time to complete the arduoLt,, tasks assigned them, they threaten to suspend my daughter's license if she fails to pati. iliL; S 1105.00 fine within tvvo If the Town of Ithaca is going to fill its coffers off the back of college students in the area,the least ii could do is ensure that competent personnel are in the pi7 i L I U I clII Liri` IliCSC young people. If these people are unable to accomplish their duties in a timer acid professionally respons-10ic manner, perhaps they should look IOr Other, less uei[,aililiii` ;N pes of c° i"ipio�nitnt. Since Ithaca College is a private institution, it is a mystery as to why the Town of Ithaca is • r + r I do h0 that patrolling the roadways On campus arta"viay. ML y daughters Itnc lids I;L�r; paid. pe you will take the necessary steps to ensLire that, in the future, Town of Ithaca personnel complete +, M1 11 , 1 .,, 11 .. i Lneir ULILItZ �i3 FCSj)0!_1S ui V ci-S uv rriL C' ii it;,e 5ttiaents. Thank-you for your attention. Sincerely, Joan A. Lu urs Ithaca Town Court 215 North Tioga Street Ithaca, NY 14850 David L. Klein (607) 273-0493 Town Justice 607/275-0728 April 8, 2004 Pck Q r!q-d CZ 17- 3! 11 $ ANNE N LUCKHURST Case Number: 03120156 465 E. MAIN ST Viol . Date: 11/18/2003 OWEGO, NY 13827 Statute/Section Charge Text Dispgsition Fine SurChg VTL 1229 C3 NO SEAT BELT FINE/SHG 50.00 55.00 _ Total Due: $ 105.00 Payment Due Date: 05108/2004 This Court has accepted your guilty plea for the charges listed above. The listing also shows the fine (s) and mandatory surcharge imposed by New York State. Your payment of fines and surcharge must arrive in this Court before the due date shown above. NO PERSONAL CHECKS, ONLY MONEY ORDERS AND CERTIFIED CHECKS ACCEPTED! CANADIANS MUST PAY IN US FUNDS ! If your money is not received by the due date of this letter, the Department of Motor Vehicles in Albany will be ordered to suspend your driver's license. Very truly yours, David L. Klein Town Justice 10Dc" /V'r/JVD L r $ /l/, J 44 5-o I V ALAN G. HEVESI 110 STATE STREET AQMPTROLLER ALBANY, NEW YORK 12236 STATE OF NEW 1'ORK OFFICE OF THE STATE COMPTROLLER Hon. Cathy Valentino, Supervisor j Town Of Ithaca 215 N Tioga St Ithaca, NY 14850 3 April 2004 Locaticwp jO222 Dear Supervisor Valentino: As fiscal officers, it is our duty to act in a responsible manner as we carry out our duties. That is why it is difficult to understand why the Governor is traveling around the State pushing a plan that only serves to mislead local officials, making it difficult to properly fulfill the duties of your office. The Governor's pension proposal basically says the way to solve today's budget problems is to push them into the future. It creates unrealistic expectations about the future, while blocking alternative legislation that I proposed, which provides immediate and legal relief for local -overnments. The Governor has been told - by my Office- that his proposal is illegal. The State Courts twice ruled that State and local governments cannot refuse to pay their pension bills to solve their budget problems, and one of the cases was decided against Governor Pataki. Giving you misleading and false hope is not going to solve the State's budget problems or help local governments. Knowing the facts will. That is why I have included a fact sheet with this letter to clarify the reality the Governor's Office seeks to distort. As a fiscal officer, you are entitled to have correct information so you can make the right decisions for today and tomorrow. I urge you to read the enclosed information. Please do not hesitate to contact me if you have any questions. Sincerely, & C, Alan G. Hevesi eo%, cwt%at The Govenioes Office Says The Truth They promise that capping pension costs If the Governor's plan is implemented, the at 6.5% of payroll will provide significant to Common Retirement Fund would be under- and long-term fiscal relief to State and funded by $6.7 billion in just four years. local governments. Employer contribution rates could increase dramatically and local taxes skyrocket. i They keep referring to the contribution There was no downturn in the stock f' cap Carl McCall implemented in 1994 market in 1994. McCall established a when there was a "downturn" in the stock temporary phase-in to recoup forgone market, and compare that to their own contributions from an unconstitutional proposal. raid on the Pension Fund by the Cuomo administration. McCall sued and won. They say their plan. is not elle a.l. "This is If the Comptroller took there actions, he our recommendation to the Comptroller would be breaking the law. Twice the courts and we 'authorize' the Comptroller to take have ruled against any proposals that this action," says the Governor's Office. weaken the Common Retirement Fund. They claim the stock market will recover The market would have to have returns of and will be able to pay for current and 22% annually for the next three years to future Pension Fund shortfalls so there is fully restore the pension fund to its 2000 no need for governments to pay now. level. Even the Governor's budget experts project the stock market return will be a modest 7% annually over the next few years. Alan G. Hevesi l May 3, 20104 Dr. Heriberto Dixon P.O. Box 742 New Paltz, N.Y. 12561-0742 Dear Dr. Dixon: Thank you for your letter concerning the Tutelo Ceremonial Council fire commemoration. We are planning on creaking space for your council fire and also^display &/--in your history. We have a Town Historian and park staff that would be very interested in working with you. I have followed the Tutelo history, my great, great, great grandmother was Indian from somewhere in New York State or North Eastern Pennsylvania. I have a picture of her but have not had much luck or time to find out more about her. Please let me know when you could come to Ithaca to meet with me. I look forward to meeting you. Sincerely, Catherine Valentino Town Supervisor THE SENATE W ; STATE OF NEW YORK ALBANY 12247 JOSEPH L. BRUNO (5181455.3191 PRESIDENT PRO TEM MAJORITY LEADER May 4, 2004 The Honorable Tee-Ann Hunter Town Clerk Town of Ithaca 215 North Tioga Street Ithaca,NY 14850 Dear Ms. Hunter: Thank you for your correspondence in support of New York State Senate Bill 6666, �•*, which would eliminate the sunset date of December 13, 2005, for the Local Government Records Management Improvement Fund(LGRMIF) thereby making this program permanent. As you may be aware, 5.6666 is under review in the Senate Investigations and Government Operations Committee. You may be interested to know that this legislation is sponsored by my esteemed colleague, Senator Maty Lou Rath. You may want to contact Senator Rath to register your support for S.6666. Please be assured that I will give your support for this legislation careful scrutiny if it should come before the Senate for consideration. Again, thank you for contacting me. Your input is an important part of the legislative process, and I appreciate having the benefit of your views. You have my best wishes for the coming months. Sincerely, �? ILX'4-4� Joseph L. Bruno LJ May 5, 2004 Dr. Joan Luckhurst 465 East Main Street Owego, N.Y. 13827 Dear Dr. Luckhurst: I am sorry you felt your daughtcr had such a difficult time over receiving a ticket for not re-fastening her seatbelt. You may be grateful that the officer was concerned for her well fair and life. It has been proven that wearing a seatbelt can save lives. I am disturbed to think that you feel the Town is "going to fill its coffers off the back of college students." Actually the $55 surcharge goes directly to the State of New York and the rest of the fine is the standard charge for that classification of a ticket. In fact the Town of Ithaca taxpayers subsidize our Justice system, and fire safety for the benefit of Cornell University and Ithaca College students. Many students do intern work with the local organizations and we appreciate their time and energy. We believe investing tax dollars in these students is a worthwhile investment. Town of Ithaca does not have a police force, however, the Justice's are responsible for processing tickets written in the town by Ithaca College Police, Cornell University Police, Tompkins County Sheriff and New York State Police. Our justices and their clerks deal with many diverse judicial cases, and as a result, plead guilty tickets tend to have a lower priority. From my understanding your daughter was given a thirty (30) day notice to pay the fine, which is a standard amount of time. I may look at this differently, as she was given the lea-way from December to April of not having to pay the fine. I admire the Town's staff in accomplishing all that they do and their professionalism in how they do it. I will discuss with them ways to improve processing fine notifications. Sincerely, Catherine Valentino Town Supervisor AOM- Xc: Justice Klein 411 STATE OF NEW YORK—DEPARTMENT OF TRANSPORTATION TRAFFIC AND SAFETY DIVISION STUDY NO.: 3040061 NOTICE OF ORDER FILE: 50.12-Local TROOP: C THE DEPARTMENT OF TRANSPORTATION HAS FILED AN ORDER WITH THE SECRETARY OF STATE WHEREBY: SECTION 1650.12 SUBDIVISION (c) PARAGRAPH OF THE DEPARTMENT'S REGULATIONS IS 71ADDED ❑AMENDED to read as follows: ❑ REPEALED (c) 20 n1PH on Winthrop Drive, a Town highway, adjacent to the Northeast Elementary School, between_ Brandywine Drive and the east school driveway, a distance of 1,100+ feet, during the hours of 7 AM to 6 PM on school days. JUN 10 20(g QRST ITHACA OWN C•LEg4C 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. 05/14/04 APPROVED BY: Regional Traffic Engineer II (DATE) (GNATURE) (TITLE) DESCRIPTION: Order establishes a 20 MPH school speed limit on Winthrop Drive in the vicinity of the Northeast Elementary School. COUNTY: Tompkins LOCALITY: Town of Ithaca OTHER RELATED ACTIONS ® NONE [] (Identify) ❑ CITY ❑ POLICE DEPARTMENT ❑ VILLAGE ❑ SHERIFF [Z] REGION 3 TRAFFIC ENGINEER — r 1 TOWN ❑ STATE POLICE ❑ OTHER ❑X COUNTY SUPT. [] PERMITTEE (Specify) GAD:RTM:amd TE 3e �8 601 I . Richard B. Fischer 135 Pine Tree Road Ithaca,New York 14850 !1�11 Aly 7 2004 i 4ay 5, 2004 Ms. Cathy Valentina, Chair TOWN OF iTHACA 215 North Tioga Street Ithaca, New York 14850 Dear Cathy, At a recent meeting o_fthe. TOWN BOARD OF ITH_ACA I said that it was difficult for me, a retired professor, to find the right words to express an idea. But that is the situation in which I find myself at this particular moment. it has taken me to these many weeks to tell you and the rest of the 1T11A.CA TOWN BOARD how grateful 1 am for the great shower of commendation yoi� have heaped upon me. I guess I'll just say"Thank Serving on the. CONSERVATiON BOARD has been a pleasant and enriching experience. it is therefore gratifying to know that you and all my other friends on-the board feel that my partir.ipation was worthy of such generous recognition. Again, I'll just say "Thank yogi"- Although no longer an active member of the C,ONSERVATON BOARD, I hope to continue. a modest rode in its program activities- -in the coming weeks I hope to present a proposal which will he unique and exciting. At this early date. I will merely say that it involves bird life in the town. The laird hiking/watching fraternity in the town will love it. Yours in the cause, - r Richard B Fischer cc: 1THAC A TOS,"T BO e n D Susan Ritter Unore Durkee Q BARNEY, GROSSMAN, DUBOW & MARCUS ATTORNEYS AT LAW SENECA BUILDING WEST JOHN C. BARNEY SUITE 400 FACSIMILE PETER G. GROSSMAN 119 EAST SENECA STREET (607) 272-8806 DAVID A. DUBOW ITHACA, NEW YORK 14B50 (NOT FOR SERVICE OF PAPERS) RANDALL B. MARCUS JONATHAN A. ORKIN (607) 273-6841 KEVIN A.JONES May 21, 2004 HAND DELIVERED Honorable Catherine Valentino Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca,New York 14850 Re: Terms of Office of Justices Dear Cathy: This is a follow up letter to our conversation of a couple days ago regarding the terms of office of justices who are elected to replace a justice who has left office prior to the end of his or her elected term. Section 24 of the Town Law provides in pertinent part as follows: "The terms of office of the Town Justices . . . shall be four years. . . . The term of each elected officer shall begin on the first day of January next succeeding the election at which he was elected. . . ." Section 64(5) of the Town Law empowers the Town Board to appoint qualified persons to fill vacancies. It goes on to state, in pertinent part: "If the appointment be made to fill a vacancy in an elective office, the person so appointed shall hold office until the commencement of the calendar year next succeed- ing the first annual election at which the vacancy may be filled. . . ." Similarly, the Public Officers Law, Section 42, sets forth provisions relating to how vacancies are filled in elective offices and essentially directs that any office that is vacant before September 20 of any year will be filled at the next general election (i.e.,the one held in November) unless,pursuant to the provisions of the constitution, the office cannot be filled for a full term prior to the expiration of the term of the person who has vacated the office. Although quite convoluted, it basically seems to be ep"� saying if there is a constitutional provision stating when an officer is to be elected(e.g., the governor and lieutenant governor are elected every four years starting with 1938) then a successor, when elected, will fill out the remainder of the term. If there is no such constitutional provision, as is the case with Town Justices, any election will be for a full four year term. BARNEY, GROSSMAN, DuBOw & MARCUS t Honorable Catherine Valentino May 21, 2004 Page 2 Thus it appears the election this Fall will be for a full ten-n. The Comptroller in an Opinion rendered in 1974 (Opinion No. 74-10, 30 Opinions of the Comptroller 4) reached the same conclusion. It is interesting to note that at least one community, the Town of Pawling, solicited and obtained special legislation authorizing justices to be elected for four years term on an alternate basis biennially at Town elections with one justice being elected at a time. In that case, if a vacancy occurred prior to the end of the term, a successor would be elected only for the balance of the term. (See Town Law section 24-b). Accordingly if the Town of Ithaca felt it important enough to do so, special legislation could be requested to establish justice elections on a basis where one town justice was elected at each biennial town election for a four year term. In view of the foregoing, I am not sure it would profit us much to argue with the election board regarding the decision to indicate that the candidate this fall will be running for a full four year term. I would be happy to look at any information that Tee-Ann or anybody else has generated that might pose a contrasting view point and re-visit this conclusion should be information warrant such action. With best regards. Sincerely yours, JCB:sls xc: Tee-Ann Hunter,Town Clerk I �� _ /V�� EN-bW U)hew f Nel caw V6 Catherine Valentino '�1;�� c').5�0 Called *)g, O-A, From: Bernard Arthur Hutchins Jr. [hutchins@ece.cornell.edu] o� Sent: Wednesday, May 26, 2004 2:04 PM To: Catherine Valentino y- Cc: publicworks @town.ithaca; ny.us@cornell.edu Subject: Sign at Hanshaw/Warren Intersection Dear Supervisor Valentino; Q I saw the Letter to the Editor in the May 25, 2004 Journal which made objections to the "anti war" sign that is posted on the fence on the SW corner of the Hanshaw/Warren intersection. This sign, with messages updated every week or so, has been there for probably a year. The writer of the editorial objected to the "in your face" nature of the sign. To characterize it most charitably, it has certainly became tiresome. The writer pointed out that it is on the Town's right of way and should therefore be illegal. I suppose so. More importantly, the sign is a significant distraction at an already very tricky intersection. Further, the sign is inciteful to most every driver (one way or the other) . Thus we have drivers at the intersection, contemplating their options, who have just experienced an unrelated but significant flash of anger. In the last week or so, as I have been able to get out of Cornell a bit earlier, I have found the 5PM-6PM backup on Pleasant Grove Road too annoying. Hence, we come north up Warren to the Hanshaw/Warren intersection, where we then turn left on Hanshaw back down toward Cayuga Heights. It is not unusual to find that .•w four-way stop fully occupied, and one has to pay attention to the first-come first-serve rule. On. May 24, after waiting our turn (plus one car actually! ) we turned left. A car who had stopped, well after us, on Warren headed south, just jumped in front of us. We stopped and he went. Now, this guy might not have known the rules at a four way, or he may not have been paying attention to the traffic. But note that he was also directly facing the sign. He may have read it and completely lost track of his all-way-stop status. I thought of this when I saw the editorial. Of course, I don' t know for sure. Accordingly I would suggest that if the sign is in fact in violation, that due to the distraction it causes, the Town should cause it to be removed so as to make the intersection safer and to avoid legal responsibility on the part of the Town. Perhaps the sign's author can write his own Journal editorial! Bernie Hutchins 1016 Hanshaw Rd 1 CH E:A LT H N in I a J U N - 3 2004 4 Your Partner for a Healthy Community ATTEST}IACh TO�NN CLEqK -- Alice Cole,R.N.,M.S.E. ams ates Drive Public Health Director Ithaca,New York 14850 May 27, 2004 To the Mayor, City of Ithaca and Villages of Cayuga Heights, Dryden, Freeville, Groton, Lansing and Trumansburg, and the Supervisor, Towns of Caroline, Danby, Dryden, Enfield, Groton, Ithaca, Lansing, Newfield and Ulysses. Re: Tompkins County Aquifer Study Program The Tompkins County Board of Health urges each municipality to learn about the Tompkins County Aquifer Study Program and take action to ensure the long term viability of the drinking water aquifers that their residents depend on now, and will depend on for the future. The Tompkins County Board of Health,through our work with water systems, recognizes the pubic health importance of protecting the quality and quantity of local drinking water supplies. Half of the residents of Tompkins County rely on groundwater for safe drinking water, either through municipal or private wells. Many individual wells take water from the low-yielding bedrock underlying much of the county, but higher yielding sand and gravel aquifers have the potential to support additional municipal water districts, commercial entities, farmers, and residences. The United States Geological Survey(USGS)has identified seventeen aquifer reaches in Tompkins County,portions of which underlie the City of Ithaca, every town and four villages. Aquifers are threatened by high withdrawals and contamination originating from activities on the surface of the land above them and within their recharge areas. The cost to clean up contamination after it occurs is very high, as is the cost to treat drinking water after it becomes contaminated. Severe contamination of an aquifer can render it useless as a drinking water supply. Detailed knowledge of the aquifers in Tompkins County is lacking, making protection efforts difficult. This can contribute to contamination being not recognized early, which can threaten public health. Existing aquifer maps are only two-dimensional, and lack yield, volume, flow velocity and direction, and the recharge areas are not identified. Supported by the Tompkins County Water Resources Council, Tompkins County has completed a needs assessment for each aquifer and begun a Tompkins County Aquifer Study Program to help municipalities better identify these aquifer characteristics. With financial assistance from the County and the USGS, both the Town of Caroline and Town of Dryden have embarked on studies to examine their aquifers. To learn more about the program, contact Kate Hackett, Senior Planner, at the Tompkins County Planning Department(telephone 274-5560; email at khackett@tompkins-co.org). -more- r Tompkins County Aquifer Study Program May 2004 p2/2 Another useful tool for water system operators and municipalities,using either ground water(in aquifers)or surface water, is the Source Water Assessment Program,conducted by the New York State and Tompkins County Health Departments. Each Community Public Water System(from the City,Villages and Town Districts to apartment complexes and mobile home parks)has or will receive a Source Water Assessment Report that identifies potential sources of contamination for their wells or intakes. While some parts of the reports need review and adjustment, the reports provide a starting point to identify threats that existing drinking water supplies already face. For more information about the Source Water Assessment Program, contact John Andersson,P.E., at the Health Department(telephone 274-6688). Thank you for your continuing interest in providing safe drinking water to Tompkins County residents and visitors. Providing and protecting safe drinking water is vital to the health of our citizens. Sincerely, Jeffrey Snedeker,M.D. President Tompkins County Board of Health Encl: "All About Aquifers"and map of"Aquifer Reaches in Tompkins County" pc:Ed Marx, Commissioner of Planning Alice Cole,RN,MSE,Public Health Director Each County Legislator Water Resources Council,Todd Schmit, Chair A:GroundwaterProtection5 04.p01 r�� �,•\." I -. 'i gni. r r� .. v \_- ` ' I �r ` � L M F � � ,! 0 10 20 MILES ,i 0 15 30 KILOMETERS Base hem UV-S dicAk,I In'•"Lg%ft AqW.ba rr k i-madr�d Iran M11w, EXPLANATION Major surficial aquifer segments in Tompkins County M Coscodilla Cr./Uplands Sixmile Cl Pony Hollow volley m Upper sixmile cr./west Branch Owego Cr. M Entleld Cr.volley W Salmon Cr•/Myers Pt./Locke Cr.M Virgil Cr.valley M Lower Cayuga Inlet volley =Toughannock Cr.volley and ddM west Branch Cayuga Inlet/Fish Kill valley POW Lower Fall Cr.volley 1p Upper Buttermilk Cr.lDonby Cr.NW west Branch Owego Cr.and tributaries M Lower sixmile Cr.valley =,Upper Coyuga Inlet valley rh& willseyville Cr.vatley Oft Owasco Inlet valley M Upper Fall Cr.volley Figure 1.--Major surficial aquifer segments in Tompkins County from Miller(2000). �. �I � oFIT� �a.�z _Lo TOWN OF ITHACA z� v�I O 9q HIGHWAY DEPARTMENT 106 SEVEN MILE DRIVE, ITHACA, N.Y. 14850 publicworks@town.ithaca.ny.us PHONE(607)273-1656 Roads,Parks,Trails,Sewer,and Water FAX(607)272-6076 May 28, 2004 Regional Traffic Engineer Region No. 3 Department of Transportation 333 E. Washington Street Syracuse,NY 13202 Sir or Madam: The Town Board of the Town of Ithaca,by a resolution adopted May 10, 2004, and the County Superintendent of Highways of the County of Tompkins,hereby request the Department of Transportation,pursuant to Section 1622.2 of the Vehicle and Traffic Law,to establish an area speed restriction within the Seven Mile Drive area, the boundaries of which are described as follows: .to area would start at Elmira Road on the west side of Seven Mile Drive,follow the line on the west side of the road to Bostwick Road,then proceed east along the south side of Bostwick Road to the west side of Five Mile Drive,then proceed along a line on the west side of Five Mile Drive to Elmira Road, then proceed along a line on the northwest side of Elmira Road to the west side of Seven Mile Drive. 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: Torriz Dated: . 4,tmty S perintendent Comments by County Superintendent F-1 E �" 'CEIVED JUN 7 0 Group 3 TE 10 gels;d to / — } VVI L -�? ,yo ri7 i P.O.Box 261 GERRY,NEW YORK 14740 Phone (716) 287-2090 Fax (716) 287-2092 L E-mail vote@netsync.net Fax 1-800-343-VOTE (8683) Rentals, Sales & Service li , � r June 1, 2004 tJ U 1 5 2004 Re: Electronic Voting Machine Miscounts& Malfunctions in Recent Electi ns! ATTEST Dear Election Official, ITHACA TOWN CLE-4K The news media has contained numerous reports of very serious problems with electronic voting machines, resulting in many invalid elections, serious challenges, and other problems. A summary of some of these problems has been outlined in this letter, and additional details are available at www.verifiedvotingor . As a result of these and other problems, the Washington Post reported on March 28, 2003, page Al2, that"computer scientists are mounting a challenge to the new devices, saying they are less reliable and less secure from fraud than the equipment they are replacing. Indeed, studies show optical scan systems have a 2 percent error rate, and "^ electronic touch screens have a 2.5 percent error rate, according to Stephen Ansolabehere with the Caltech-MIT Voting Technology Project. By contrast, the AVM mechanical voting machine has a zero error rate. San Diego Union Tribune, March 7, 2004. "[S]ignatures on voter rolls in at least one precinct did not match the number of ballots recorded by the machines. ... `We lost ten votes and the Diebold technician who was there had no explanation."' Oakland Tribune, March 7, 2004. "The State's rush to use untested electronic machines results in many failures, loss of franchise. ... The device, a Precinct Control Module model 500 stubbornly resisted entreaties to come to life. No code, no ballot, no voting." Not a single piece of the electronic voting equipment used by 43% of California voters ... has been certified as meeting the 2002 federal standards. In fact, no e- voting equipment in the nation meets the new standards." Walker County Messenger, March 4, 2004. "Diebold manufactures and supports the electronic voting machines used across Georgia. ... The voting machines have been used for six elections... Problems have cropped up in every election." Miami Herald, January 7, 2004. "Ballots cast by 134 voters in a special election [on an. ES&S system]... weren't counted, apparently because people failed to use the touch-screen machines properly. ... Ellyn Bogdanoff won the race by 12 votes, making the 134 votes even more meaningful." I Your Complete Election Company. Washington Post, November 6, 2003. Widespread problems in the system "Vote by Advanced], which [Fairfax] County paid $3.5 million to install, also opened the door to possible election challenges by party leaders and candidates. ... County officials tested one of the machines in question yesterday and discovered that it seemed to subtract a vote for Thompson in about `one out of a hundred tries."' IDG New Service, November 13, 2003. "The clerk of Boone County, Indiana, knew something wasn't right when electronic vote-counting equipment showed more than 140,000 votes had been cast in the November 4 municipal elections there. The county has only 50,000 residents and less than half of them are eligible to vote in this election." Myrtle Beach Sun News, Sept 12, 2003. In Robeson County, ballot tabulating machines [Diebold Voting Systems] failed to work properly in 31 of 41 precincts. Local election officials said the problem was the result of a software glitch, and ballots had to be recounted." Washington Post, March 28, 2003, page Al2: "[C]omputer scientists are mounting a challenge to the new devices, saying they are less reliable and less secure from fraud than the equipment they are replacing." Indianapolis Star, May 5, 2003: "The same [optical scan ] equipment malfunctioned during its first use in Hawaii's 1998 general election, a problem apparently caused by chunks of food stuck to one ballot that snarled the electronic readers." Indianapolis Star, May 6, 2003: "One of the first tests of Marion County's $11.1 million [optical scan] computer voting system proved an embarrassing flop this morning when Mayor Bart Peterson was unable to feed his ballot into one of the new machines." Minnesota Spokesman-Record, May 8, 2003: "In the 2000 and 2002 elections, electronic voting machines, especially the touch-screen type, helped turn elections around the United States into a widespread nightmare. Some examples from the 2002 midterm elections: — Several races in Comal County, Texas, raised suspicions of rigged machines when several Republican candidates each won their race by exactly 18,181 votes. — Tangipahoa Parish in Louisiana saw at least 20 percent of its electronic voting machines malfunction. — A North Miami Beach voting machine cast votes for Jeb Bush even when the voter intended to vote for his opponent. After at least 10 attempts to correct the problem, the machine would only accept a vote for the challenger when an area of f,..� the screen not designed for touch voting was touched." 2 San Francisco Chronicle, May 8, 2003 (AP): "The provider of the touch screen voting machines used in last year's botched primary elections mislead officials about the equipment, a government study said." Indymedia, May 6, 2003: "Some of high technology's best and brightest— computer scientists who know better than anyone else what computers can do but also how they can be misused- came out against the Santa Clara County's plan. They were joined by Kim Alexander, founder and president of the respected nonpartisan California Voter Foundation, and other concerned citizens. Their objection, as David Dill, professor of computer science at Stanford and leader of the campaign puts it, the machines the county planned to buy, like those in other jurisdictions around the country are installing, `pose an unacceptable risk that errors or deliberate election-rigging will go undetected..."' Albequerque Tribune, November 19, 2002. "Although about 48,000 people had voted early on 212 Sequoia-supplied touch-screen computers at six sites in the county, the initial figures given to the commissioners indicated that no race—not even for governor—showed a total of more than about 36,000 votes." WRAL.com/news, November 1, 2002. "Electronic voting machines [from ES&S] that were supposed to solve Florida's election problems have created problems at two Wake County voting sites. Election officials said it appears that some of the high tech machines cannot count. ....The electronic machines failed to count 294 ballots...." The AVM machines have provided years of dependable and accurate service. They are virtually foolproof. The AVM machines cannot record more votes than are actually cast;do not allow votes for more than one candidate at a time; never experience problems with inaccurately recorded votes; provide a ballot lay-out that is clean and simple and remains the same year-after- year, thereby avoiding any confusion; allows voters to change their minds at any time before opening the curtain and finalizing their vote; contain a duplicate record of the vote totals which can be double checked during a recanvass;eliminate any risk that votes will be added, lost,or altered by computer software glitches, computer hackers or otherwise;and are not affected by power outages, power surges,or any of the other potential problems that plague electronic voting machines. The cost of maintaining and operating the AVM machine is extremely small for most municipalities. In today's fiscal climate, we do not understand why any state would be interested in spending so much money to replace its existing inexpensive, dependable, accurate, fraud-proof mechanical automatic machines with new electronic machines that are not nearly as accurate, dependable, or reliable. Sincerely, Dale L. Marshall President ` 3 OF 17, _ q9 TOWN OF ITHACA 4, 1821 04� 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us TOWN CLERK 273-1721 HIGHWAY(Roads,Parks,Trails,Water&Sewer)273-1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX(607)273-1704 June 1, 2004 Members of the County. Legislature Representing Town of Ithaca Residents Dear County Legislator: As you are perhaps aware, the long-delayed process of rebuilding Hanshaw and Coddington Roads is now in the beginning stages. In fact,the interviewing of design firms is already underway. Those are major roads for the County,but they are especially significant to Town residents, so we are contacting you at this time to request participation by all involved parties on both projects. The TIP proposals specified three changes in the current roadways: * Expansion of the driving lanes from 10 to 11 feet, • Addition of 5 foot paved shoulders on both sides, and • Addition of sidewalks (tentative). Our initial discussions with residents have identified several concerns if those plans go forward. The major one is speeding; a well-known aspect of roadway speeds is the idea of`natural speed'. Most motorists drive what they perceive of as a comfortable speed,meaning that road widening raises that comfort level and increases speeding. Yet there is already notable speeding on those roads. Traffic counts taken in April 2004 recorded 32 percent of motorists on the 30 mph section of Coddington Road driving I Omph or more above the limit. Several were even clocked at over 65 mph. We would like to discuss keeping 10 foot lanes and separation between the road and shoulders to discourage further speeding. A second issue is the amount of land used by shoulders and sidewalks. This is significant, and sidewalks will, at minimum,place maintenance responsibility on those residents that front the sidewalks. The easement issue is a particularly significant one for Coddington Road which, to our understanding,requires a separate arrangement with each individual owner due to the older nature of the easement language. We in the Town government can best serve our residents by beginning cooperation early,as has been discussed at Ithaca-Tompkins County Transportation Council meetings. To that end,your Highway Department was contacted last week with an offer for Town participation at the interviews of the design firms being screened. Unfortunately, that request was denied. In Mike _ + Harris' words, "Hence we need to be able to select a consultant who is the best fit for the project and fit this organization and therefore,basically, decline your request." With this letter we hope to be able to establish a cooperative arrangement regarding these important projects in ways that will best serve the constituents we both represent. Sincerely C'-Vo Cathy Valentino William Lesser Supervisor Chair, Transportation Committee cc: Barbara Blanchard Leslyn McBean Richard S. Booth Nancy B. Schuler Katherine Luz Herrera Thomas L. Todd Frank P. Proto Daniel M. Winch George L. Totman Dooley Kiefer Michael Koplinka-Loehr Tim J. Joseph Martha Robertson Michael E. Lane Peter Penniman Karen Fuller, Deputy Clerk '""` TOMPKINS COUNTY LEGISLATURE 320 North Tioga Street, Ithaca, N.Y. 14850 Telephone: (607) 274-5434 Fax: (607) 274-5430 www.tonipkins-co.org Ms. Tee-Ann Hunter,Town Clerk June 7,2004 Town of Ithaca 215 North Tioga Street Ithaca,New York 14850 "TU -,At,, Dear MsrHuriter: Thank you for your recent letter asking that municipalities within Tompkins County be included in "the information gathering and decision making process in connection with the centralization of the voting machines and election process in the County". It could not have come at a better time! You may recall that last year on April 23, 2004, I sent a letter to each town and village and the City referencing HAVA (the Help America Vote Act of 2002) and how its implementations may lead to centralization of voting equipment, and asking for comments/suggestions. I only heard back from Doug Austic, who said, quite correctly, that it is difficult to respond to such general statements. Since then, in several informal conversations, I heard comments to the effect that there are no problems with lever machines, "if it ain't broke don't fix it", and central storage of machines would likely mean higher transportation costs.. but also acknowledgement that electronic machines may have specific storage requirements. In December 2003, the municipalities including the County came together to begin exploration of possible ways collaborate and save our taxpayers money overall, and the topic of centralization of voting machines was put on the list ten possible topics to focus on. Subsequently, it did not score among the top three around which intermunicipal working groups were established. Meanwhile, at the County's Consumer and Community Affairs (CCA) Committee, to which the Board of Elections reports, this topic was on our to-do list, and we asked the Election Commissioners to investigate more specifically what exactly centralization might mean for Tompkins County. They keep us apprised of what is beim discussed at the state level, and have given us a couple of reports describing what centralization may involve and estiniatin4- County costs. We now need to learn from towns and villages and the City what the details of your roles in this -- and what your historical costs -- have been, so that we can evaluate the costs and benefits of different scenarios. This is what I mean above by perfect timing. At our CCA meeting on June 4 we discussed contacting each of the municipalities for the necessary information, so that we may compile it all. Thanks to your letter, I am confident we will be readily provided with your data! Once :he info:nation is compiled, CCA members will he asked to review it for completeness. At that point I anticipate sharing the results with all the municipalities and convening a meeting of interested parties to analyze and discuss the ramifications. We have been told that the new electronic machines will require controlled-atmosphere storage, their batteries need to be fully charged six times a year, and other routine checks and maintenance need to happen twice a year. But whether this will apply to all the electronic machines that New York will certify, we don't know. Thank you for your recent initiative in contacting us. We need to work together to help assure County residents' confidence in the election process. In the near future we will contact you with a description of the information we need. Sincerely, � r Y Doole S.te fe r Chair, Consumer and Community Affairs Committee �� Recycled paper 10/05/2004 13:37 FAX 6072745505 TOMP CO PURCHASING _ _ 9 001 C vs(►rltnol o rj0ti Finance Department Date: June 9,2004 To: Budget&Capital Committee From David Squiutes,Finance Director Subject:NYS Sales Tax Statistical Report The attached report is the latest information detailing sales activity by industry ••• classification. I have included a Table which compares the county's tax base to that of the state as a whole. This comparison reveals that our base is significantly more reliant on retail sales(52.75%vs 44.791%)and residential energy(6.52%to Oda)than the state. It is important to note that because the data is 3 years old,it may understate the percentage of activity generated by retail SALES TAX ACTIVITY COMPARISON NYS and TOMPIUNS COUNTY Wl00401 Industry NYS %of activity Tompkins hoof activity. Retail Trade $ 89,529,801 44.79% $ 506,045 52,75% Wholesale 18,557,009 9.28% 59,429 6.20% Professional,Scientific 5,099,785 255% 6,746 0,70% Health Care 202,928 0.10% 1,136 0.12% Arts&Entertainment 2,242,292 1.12% 4,859 0.51% Information 15,264,028 7.64% 45,383 4.73% Ag,Mining 10,117,663 5.06% 33,243 3.47% Other Services 5,826,224 2.92% 27,858 2.90% Utilities 7,002,085 3.50% 34,707 3.62°x6 Residential Energy 0100% 62,528 6.52% Administrative 6,464,375 3.23% 13,318 1.39% Manufacturing 5,579,345 279% 23,386 2.44% Accom/Food Services 22,452,050 11.22% 95,745 9.98% Construction 4,448,230 223% 12,994 1.35% Unclassified 7,082,351 3.54% 31,887 3.32% Total Activity $ 199,868,166 $ 959,264 Copy: J. Kanter Tee Ann Hunter /'`''Prom: webuser@town.ithaca.ny.us Sent: Tuesday,June 08,2004 5:13 PM To: townclerk @town.ithaca.ny.us Subject: Data posted to form 1 of http://www.town.ithaca.ny.us/Feedback.htm department: Planning MessageType: Complaint Subject: (Other) SubjectOther: hotel proposal for E. King Rd Username: Laurene Gilbert userstreet: 24 Gilbert Rd usertown: Danby UserEmail: lmg4@cornell.edu UserTel: 607 272 1903 or 255 7358 UserFAX: B1: Submit Comments: I am very concerned about a proposed 67 room, three story hotel with 72 paved parking spaces on Rte 96B across from Sam Peters. If approved, this large scale development in the town will trigger the beginning of strip development toward the south and into Danby, resulting in suburban sprawl similar to Triphammer Road in Lansing— The town of Danby is working hard to preserve its rural character and open spaces. This kind of pressure could be the downfall of those ideas that are outlined in t.:.heir new comprehensive plan. Please consider the consequences of this proposal. Your decision will work either with the County's vision of concentrating development in appropriate urban areas, or against it. Thank you. 1 copy : D. lValker / Correspondence file 30mc 8 , ZoC�- � � Q 9, Wa Y1f1S `ATH / V A%.eMTj `1 D : JUN 9 2004 � MS V A f_t'Nr t q,Q . t►7 1T!LICA TOWM C L EPK Oa N0 C.raN NIST H C.Lp SUT" nr%cAaV CL or i-4t- i iVnE , OrM-ta r ra �h vrl,ptNSt TSE �t�ratA €1t17tNVc0 btu ►r5 Srv�--T . 1' tm 7: RC-TUMV 4>N Low- 'STATION o -'STATION S t of- 'Of W�UI� �,,aNc. amo w %T14T1.4wT" Oan1L,� wcz% gXhec-tj" y war vaot ni p,pts tAovt_tp MNo T)C b%T'C14 CoVC v1t-b RS l T WAS '�bNC o*J rGVL�c�+R�N pcx cps �,, 14- i S*1 T 1�L�t.►+ohs T�-�-ts r s p 1�n� r.�tn f3�T TH t S Q t r-}} trj C55V C'r L4U'�I T`14 t�1 bU`j lS r.} N fe=114T 4�Y T�1J�] C1�'/ MP4 DZ t-�c,[�G!ow+� ��- Tt +r.►cA WILL t]a Sorn�F*��`•� ab�u� �}- . t�Sst� , �tccyn +� ��as gEEw �-pv:)wEn u�r �+�i�dl Lr�N� IS N NO ra+--C�c. SQT'CA3 �V ou l Lww c was .s�v y ovr t4 t t32. r►+Er ouo P%irft?,% 5 5 a'r-r oN r4on I S p pit r(,U r 'T\,t S �x at,salrr- 6c*-vO tLb N c- Y Cr . -T-1h e LSr Is sc.S P%>rnp.NJ Srw n b,v 15 t N rarrt-4 LQ WE �E0rs taro- 5-r�c.t, S•,na2r��y (YeVL %ftUf%7' 9"boNTG4�j -M f3t.c�Citrt+n���, -Tb Wt. ptlh c 1AN d rL n4 T So 'Sorne C�U�fI w��N 'rwp�znue�l '�A�u< RbcN'� CCS\) c.in, Pj'a. haS7Ut o i F Sohndut A,) will b,- J lt., N L a bo ur T'V& � "A:i%vt 127 W roll LAOq- June 15, 2004 Christiann Dean Debbie/Alan Teeter Nelson Eddy Jamie Baker George Sheldrake Jon/Jen Bokaer Smith Jan/Sue Suwinski Tom McMillan Bob Drake Steve Cummins Steve Eddy Kate Lunde/Jeff Hanavan Roger and Nancy Battistella. George "King" Voss Bill Hilker Bob Champion Bruce Cameron Carolyn McMaster Linda Dolph Gary Duffy Dear Town of Ithaca Farmer or Grower, The first 2004 meeting of the Town of Ithaca Agriculture Committee will be held Monday,June 28 7-9 pm at Tompkins County Coop Extension Ag Office. All members of the agricultural community are welcome to attend. Because there are important issues to consider, the committee will meet every month. Here's the June 28 meeting agenda: . 1) 7:00 Introductions, inc. new Ag Comm-Town Board Liaison Herb Engman 2) Process for appointing Ag Committee members-Herb Engman 3) Choose Chair for Ag. Committee and Representatives for PDR Committee 4) PDR Outreach 5) Review NYS Dept. of Ag &Markets concerns re: Town of Ithaca Zoning-Debbie Teeter 6) Discussion of Town fixed-ratio zoning-Debbie Teeter 7) If necessary, ask the Town to increase number of Ag Comm. Members from eight to ten 8) Set next meeting date 9) Other 10)9:00 Adjourn I'm sending you this letter either because you have been a member of the Town Ag. Comm. in recent years, or I or Town Supervisor Cathy Valentino thought you would have important insights to add. Please call Town Clerk Tee-Ann Hunter at 273-1721 to let her know if you can come. If you can't come but want to be considered for the committee, please call Tee Ann to let her know that. If there are farmers you think should receive this invitation but are not on this list, please call me at 277-4564. Thanks, and I look forward to seeing you on June 28. Good growing, Christiann Dean,Chair Town of Ithaca Agriculture Committee Cc: Herb Engman, Cathy Valentino � ,INS C Y R•.R Y �. TOMPKINS QQ �>YYYY DIVISION 170 B k d N 14850 Peter F. Messmer ** ** X48 Highway Manager June 16, 2004 Re: Monthly Status Report In an effort to keep you informed of progress on the attached project, Tompkins County Highway Department is sending you the attached Monthly Status Report. If after reviewing the reports you have any questions, please feel free to contact John Lampman at 274-0307. Thank you Sin rely, Mich Ile W. Eighmey Administrative Assistant Enclosure Cc: John Lampman r"a+ �� Recycled paper MISCELLANEOUS BRIDGE 1 HIGHWAY ITEMS I. As of November 22, 2003, no bridges on the county system are permanently closed. 2. The Forest Home end of WARREN ROAD (Ithaca) is scheduled for repaving this summer. Highway staff is designing drainage and superelevation improvements for the area near the intersection with Forest Home Drive. Staff has discussed incorporating elements of a traffic calming program to into the work with Forest Home Improvement Association representatives. Several program elements, however, are contrary to design standards for urban arterials such as Warren. 3. A community discussion of flooding and drainage concerns on LUDLOWVILLE ROAD (Lansing) was held on June 17 in Ludlowville. The County has replaced and upgraded much of the storm water drainage system on the road since runoff twice overwhelmed the area in May. Waters diverted when a road-crossing pipe was clogged by debris dug 3-4 foot deep gullies at the edge of pavement, flooded 3 basements, and littered lawns with sand and gravel. "�y.r'rEr-_ + `r F . cl.G ��.e a!■ _,. ?1� � � to T �S+ •qX ,� 4. Consultant Erdman-Anthony of Rochester is developing design drawings for replacement of the STEVENS ROAD BRIDGE over Owasco Inlet (Groton). In-house construction is planned for later this summer. 55. CRI 10, ELLIS_I-1 " O.n� ROAD RECOfYSTRDCTION (Dryden) -- Originally scheduled C,. , for construction in 2002, this capital project has been postponed due to fiscal constraints. The project will reconstruct Ellis Hollow Road from Game Farm Road to Thomas Road in the Town of Dryden. The project will consist of pavement rehabilitation for roughly three miles of this Rural Major Collector. Improvements being considered also include shoulder widening and alignment, drainage and sight-distance modifications. The budget established in 2001 was $1.625 million for design and construction. 1 06/15/04 UNINITIATED FHWA-FUNDED PROJECTS Capital Acct: HZ50xx.59239 County Share: 5% (?) 1. In March the six (Tompkins, Cayuga, Cortland, Onondaga, Oswego, and Seneca) developed a regional consultant The list will be effective until 2007. 30 firms sought selection for this LDSA(Locally Driven Selection Arrangement) list. 2. Highway staff has tentatively designated consulting firms to design the County's six uninitiated FHWA-funded projects. The firms were selected from a short list of 15 design firms that may work on FHWA funded projects in DOT- Region 3 counties with simplified selection requirements. Staff proposes to have consultant contracts negotiated, approved by the County Legislature, and ready for execution so that design may begin as soon as NYSDOT authorization is received in October. The firms and the projects for which they were designated are: • RINGWOOD Bridge (Dryden)—Delta Engineering (Binghamton) • NEWFIELD DEPOT Bridge (Newfield)— Barton & Loguidice (Syracuse) • STATION ROAD Culvert (Danby) — Barton & Loguidice (Syracuse) • �ANSHAW ROAD 1Reco6str�uctlo fthac) Fisher Assoc. (Rochester) • Ga ,[ I00 TON-jRC1AD Reconstruction (Ithacgj— Dewberry -Goodkind (Rochester) r"� • WARREN ROAD Reconstruction (Lansing)— Bergmann Assoc. (Elmira) Barton & Loguidice was selected for two projects because of the similarity of issues involved in design and projected cost efficiencies due to project proximity. 3. NYSDOT will not authorize the County to begin these projects until Federal funds are obligated. Design may then begin immediately. State-County agreements governing local administration and reimbursement shares would be finalized after design begins. 4. Schedules: The following applies to five of the six projects. Because of the limited design scope of the Station Road Culvert Replacement, that construction is scheduled for 2005. Proposed a. State Approves Consultant Agreements September 2004 b. Begin Scoping & Design October 2004 c. County Executes Master Funding Agreements November 2004 d. Complete construction 2006 4. CR164, RINGWOOD ROAD BRIDGE. This project will replace a 31-foot span, 70- year old bridge over Cascadilla Creek in the Town of Dryden. Although strengthened from a 19-ton posting in 2000, many elements remain substandard and deteriorated. The new bridge will bring the crossing to standard design width and capacity, as well as upgrade railings and approaches. 5. CR 130, NEWFIELD DEPOT ROAD BRIDGE. This project in the Town of Newfield rehabilitates a 64-foot span, 24-foot wide, concrete arch bridge built in 1931 and 9 06/15/04 adjacent to railroad tracks, a DEC fishing access, and a residential neighborhood that generates significant pedestrian traffic. 6. CR..109:. HANSHAW ROAD RECONSTRUCTION This project will upgrade travel lanes, shoulders and storm drainage facilities from the Village of Cayuga Heights Line to Sapsucker Woods Road. ADA compliant curbing and sidewalks could be added from the Village Line to Warren Road (CR 121). The project limits were revised to delete from Sapsucker Woods to Lower Creek Road, which was reconstructed in- house in 2003. 7 CRr_1'19. CODDINGTON ROAD RECONSTRUCTION0his project will reconstruct from the Ithaca city-line to the Ithaca/Danby town line. Storm drainage facilities will be upgraded. Curbing, sidewalks, crosswalks, landscaping and other traffic calming measures were proposed conceptually between the city line (to tie in to Hudson Street improvements done in the early 1990's) and Troy Road. Burns and King Road intersections will be improved. 8. CR 121 WARRREN ROAD RECONSTRUCTION. The section between NYS Rte. 13 and Hillcrest Road will receive an asphalt overlay and shoulder improvement; from Hillcrest to Asbury Road will be reconstructed. Staff has begun discussions with the Town of Lansing and NYSDOT about extending the project limits to include aligning the Warren and Benson Road intersections 9. CR 188, STATION ROAD CULVERT REPLACEMENT (Danby) This project will r..,� replace a deteriorated 9-foot diameter culvert adjacent to a railroad crossing. 10. Funding Shares**: Total Federal(80%) State(15%)** County(5%)** a. Ringwood Bridge $450,000 $360,000 $67,500 $22,500 b. Newfied Dpt Bridge $507,000 $405,600 $76,050 $25,350 c. Hanshaw Road $3,403,000 $2,722,400 $510,450 $170,150 d. Coddington Road $6,671,000 $5,336,800 $1,000,650 $333,550 e. Warren Road $4,881,000 $3,904,800 $732,150 $244,050 f. Station Rd Culvert $279,000 $223,200 $41,850 $13,950 g. TOTAL $16,191,000 12,952,800 $2,428,650 $809,550 No State (Marchiselli) funds have been committed to these projects at this time. 10 06/15/04 JN 20 I I STATE OF NEW YORK EP TMENT OF TRANSPORTATION EAST WASHINGTON STREET ATrtES7_ 33 1THACATOW CCLE9K YRACUSE, N.Y. 1 3202 JON P. EDINGER,P.E. JOSF�H H. REGIONAL DIRECTOR COI,1'.clt tir:l.; June 21, 2004 Ms. Tee-Ann Hunter Town CIerk,Town of Ithaca Highway Department 106 Seven Mile Drive Ithaca,NY 14850 Dear Ms. Hunter: RE: REQUEST FOR AN AREA SPEED LIMIT WITHIN SEVEN MILE DRIVE AREA Thank you for your May 28 letter requesting an area speed limit witlhin the Seven Mile Drive area bounded by Route 13, Seven Mile Drive, Bostwick Road, and Five Mile Drive. A formal investigation will be conducted at the subject location. The Department has begun a new initiative to be more responsive to you, our customers. To carry out this initiative, we encourage you to submit any information which may be helpful in our investigation. This may include petitions, letters from the public, accident data, traCl'ic volurne and speed data, maps, etc. This information should be submitted to my office at the above address. Please be aware that our review requires sufficient field investigation and analysis to assure a proper response. Upon completion of the investigation,you will be notified of the results and our determination. Your interest in this matter is greatly appreciated. Very truly yours, f7 T7 n rz GEdk A.'DOUC9' t,P E Regional Traffic Engineer cc: P.F. Messmer, Tompkins County Highway Superintendent C. Valentino,Town Supervisor, Town of Ithaca June 22, 2004 Town Board LATTF-ST Town of Ithaca Tioga and Buffalo Streets U34 ! L..Ithaca, New York 14850 � Re: "Large Open Excavation" CLERK Dear Sirs, I wanted to notify you that there is an open hole that is 5' to 6' deep and has been open since May 3, 2004 on East King Road in the Town of Ithaca right of way. The excavation was performed by a contactor for Mr. Cohen (building a house on the Southside of King Road East) and he has connected to the Town sewer main, but the contactor or Mr. Cohen has neglected to complete the job in a timely manner and the large excavation remains open. With the 4u' of July fireworks coming to South Hill next week and many people with families parking their cars on the roadway and sitting on the side of the road as well as wandering on to private property to watch the show, the Town of Ithaca may want to have the work completed as soon as possible. Thank you for looking into this matter. sincere y y Evan N. M o nkemeyer OF1Tfr�\ TOWN OF ITHACA i18 2'1 215 N. Tioga Street, Ithaca, N.Y. 14850 4"IV �10 www.town.ithaca.ny.us TOWN CLERK 273-1721 HIGHWAY(Roads, Parks,Trails,Water&Sewer)273.1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX(607)273-1704 July 7, 2004 Mr.John Lampman Acting Highway Superintendent Tompkins County Department of Public Works 170 Bostwick Road Ithaca, NY 14850 Dear John: As you will be aware, the Town of Ithaca is much interested in the planning for the reconstruction of Hanshaw and Coddington Roads. Supervisor Valentino and L as chair of the Transportation Committee, met recently with Dick Booth and Barbara Blanchard, who suggested I write to you outlining our concerns about those roads and suggesting ways we can possibly assist in implementing those rebuilding projects. Those two substantial roadways, while County roads, are of major significance in and to the Town as they serve as both alternative commuter routes and neighborhood streets. But there are particular reasons for our interest in the future of those roads. We, as part of a general monitoring of Town roads, have been tracking speed and volume data for the past several years. As the data below show, documented speeding is an issue, especially on Coddington Road. Volume (April 2004): Coddington Road (near Rich Road): 2621 [busier time when Ithaca College is in session] Hanshaw Road (near#1034): 6211 Hanshaw Road (near#1310): 6213 Hanshaw Road (near#1430): 4041 Hanshaw Road (near Sapsucker Woods Road)): 3970 Speeding: Coddington (Sept.-Oct. 2003) 30 mph section: 10+over 37% 15+over 14% 20+over 4% [speeds over 65 mph have been clocked] Hanshaw Road (June 2004) 30 mph section: 10+ over 12% �r.,` 15+over 2% With that background, the issues we would like to raise regarding the reconstruction of those roads are as follows: • SPEEDING: With speeding already pronounced, there is a real concern that a wider roadway and shoulders will cause drivers to go even faster. Hence, we would like to discuss options for narrower than standard lanes (10 vs. 11 foot) which we understand can be substituted with good justification, and/or traffic calming practices such as a possible line and ripples separating the driving lanes from the shoulder. The TIP mentions traffic calming, but with no details. • SIDEWALKS: The location and payment for the sidewalks mentioned in the TIP are difficult for us to respond to since we do not know what is planned, and who will be paying for construction and maintenance. We have received a request from some residents on and near Hanshaw to add a sidewalk or trail, but they represent the area west of Warren Road while we would think that to the east would be more useful. On Coddington, we recognize the heavy pedestrian use from the Ithaca College back entrance to the Hudson Street sidewalk by students going downtown on weekends. A sidewalk along that stretch might be appropriate, or alternatively a path across the Ithaca College lands to the top of Hudson Street. Additional sidewalks on Coddington would be questionable as there is nothing to link, no destination. • USE OF RESIDENT'S LAND: The widening of the roadway and shoulders, plus the possible addition of a sidewalk would encroach considerably on residents' property. That would be especially problematic at the western end of Coddington Road where the houses are quite close to the road. There are also several historic houses which could be impacted. In the name of preserving a growing neighborhood, we would like to minimize impacts on homeowners. We also recognize that if Coddington operates as a right-of-way-by-right, something we are attempting to clarify, then cooperation with property owners would greatly facilitate the process. We are seeking ways that the Town can cooperate with you and the County on the design and implementation of these projects. We can, for example, help organize neighborhood meetings and otherwise facilitate the process of communicating with homeowners. Thank you for considering this general request, and we look forward to specific opportunities to interact on these important projects. Sincerely, Catherine Valentino William Lesser, Chair Supervisor Transportation Comm. Cc: Representative Booth Representative Blanchard T,ompk,ns County DEPARTMENT OF PLANNING 1'21 East Court Street Ithaca, e�v.,Xark, 14$50 Edward C.Marx,AICP Telephone(607)274-5560 Commissioner of Planning ` * Fax(607) 274-5578 July 7, 2004 Hon. Cathy Valentino Town of Ithaca 215 N. Tioga St. Ithaca, NY 14850 Dear Ms. Valentino: The Phase II Stormwater Regulations Committee(Committee) of the Tompkins County Water Resources Council()ATRC)is considering gathering models of construction and post-construction stormwater ordinances to compare the strengths and weaknesses of each ordinance. This effort would help provide consistency among ordinances that are adopted by Tompkins County municipalities to comply with Phase II Stormwater Regulations. Before embarking on this effort,the Committee would like to gauge the level of municipal interest in this project and whether or not it would be helpful to the municipalities affected by these regulations. If so, the Committee will review select model ordinances, evaluate each, and provide a report of their findings by the fall of 2004. Please contact Kate Hackett, WRC Coordinator,by July 30, 2004 to inform the Committee of your interest in this endeavor, if you have questions,would like more information, or would like the committee to review a specific ordinance. Kate can be reached by phone at 274-5560 or by email at khackett@tompkins-co.org. Sincerely, J ,c cry Todd Schmit, Chair Tompkins County Water Resources Council cc: Tompkins County Stormwater Group Members Municipal Clerks ZytVER�gl THE STATE EDUCATION DEPARTMENT/THE UNIVERSITY OF THE STATE OF NEW YORK/ALBANY,NY 12230 �O The New York State Archives Tel.(518)474-6926 �q ,,,. �1 Grants Administration and Program Support Unit Fax(518)486-1647 OF��+� 9A81 Cultural Education Center E-mail:Archgrants@mail.nysed.gov Albany,NY 12230 July 8, 2004 LATTEST 1;Project Number: 0580-05-5603nTee-Ann Hunter,Project Director 1 4 2,04Town of Ithaca 215 N.Tioga Street Ithaca,NY 14850 A TOWN CLE9K Dear Ms. Hunter: On behalf of the New York State Archives, I am pleased to inform you that the Commissioner of Education is offering a Local Government Records Management Improvement Fund (LGRMIF) grant for $10,548. Grant award documents will be finalized and mailed to you shortly. If you accept this grant offer,please complete, sign,and return the enclosed grant acceptance. You will receive payment as follows subject to Division of the Budget allocation of funds for this program after emergency appropriations are provided or the State budget is enacted: �..` 1. 50%of the award when we receive the Grant Acceptance Form signed by your Chief Administrative Officer or designee.You will receive the first payment approximately four weeks later. 2. Up to 40%of the grant will be released when you submit form FS-25 Request For Funds For a Federal or State Project to the State Education Department's(SED)Grants Finance Unit. 3. The remaining 10%will be released when the project is completed and the Grant Project Final Report Form (FR-1)and the Final Expenditure Report(FS-10-F)have been submitted to the State Archives Grants Administration and Program Support Unit and are approved by the Grants Finance Unit. 4. You must complete all project work and expend all funds no later than June 30, 2005. We will provide the Project Director with guidelines explaining the full process at a later date. If you have any questions regarding this offer,you may reach me at(518)474-6926. Sincerely, 70,0 Thomas D.Norris Director of Grants Administration and Program Support Unit cc: Region 06 r"1 att: Local Government Records Management Improvement Fund (LGRMIF) 2004 —2005 ?"%� Summary of Reviewers' Recommendations Local Government: Town of Ithaca Project Number: 0580-05-5603 Summary: The reviewers determined that the staff hours requested were excessive based on the specific tasks outlined in the project proposal. Therefore a total of 500 hours at$16.50 per hour or$8,250 were recommended: 250 hours to index back cases using SEI software and 250 hours to process the 50 cubic feet of paper files described in the application. Employee benefits were revised to$677 based on the reduced level of staff salaries. The reviewers determined that the software upgrade was not sufficiently justified in the narrative as being necessary to accomplish the specific objectives of this project and thus recommended funding for it be removed from the budget. They recommended investigating funds available through the Unified Court System for upgrades of this nature. rr"1 ��6tyE, sITf THE STATE EDUCATION DEPARTMENT/THE UNIVERSITY OF THE STATE OF NEW YORK/ALBANY,NY 12230 The New York State Archives Tel.(5l 8)474-6926 4� Grants Administration and Program Support Unit Fax(5 18)486-1647 �q?g OF N 9A81 Cultural Education Center E-mail:Archgrants@mail.nysed.gov Albany,NY 12230 LGRMIF Grant Acceptance Form Local Government: Town of Ithaca Project Number: 0580-05-5603 Budget Summary: Code 15 Professional Salaries $0 Code 16 Support Staff Salaries $8,250 Code 40 Purchased Services $0 Code 45 Supplies and Materials $1,621 Code 46 Travel Expenses $0 Code 80 Employee Benefits $677 Code 90 Indirect Cost $0 Code 49 BOCES Services $0 Code 30 Minor Remodeling $0 Code 20 Equipment $0 Amount of Grant Award: $ 10,548 I hereby accept a grantfrom the Local Government Records Management Improvement Fund in the amount indicated above and agree to comply with all reporting requirements. These funds will be expended in accordance with the budget as detailed above and approved by the State Education Department. Chief Administrative Officer: Catherine Valentino Signature: Title: Supervisor Date: August 5, 2004 /a1 Complete this form and return it to: If you have any questions,please contact the The New York State Archives Grants Administration and Program Support Unit: Grants Administration and Program Support Unit Telephone:(5 18)474-6926 9A81 Cultural Education Center E-mail: archgrants@mail.nysed.gov Albany,NY 12230 July 8, 2004 Dear Town of Ithaca farmer, The Town of Ithaca Agricultural Committee recently began meeting on a monthly basis to provide input to the Town on matters affecting farmers and agriculture. There are currently 9 members (some members of the same farm operation share a seat and vote)of this committee who will serve through the end of this year: 1) Kate Lunde &Jeff Hanavan d) Jamie Baker 2) Tom McMillan&Christianne White 7) Christiann Dean 3) John &Jen Bokaer-Smith 8)Nelson Eddy 4) Jan& Sue Suwinski 9) George Sheldrake 5) Debbie &Alan Teeter You should recently have received information about the committee that inquired whether or not you wished to serve on it. There has been no indication that you would like to do this; however, the committee does not assume this means you have no interest in the work they will be doing. At the June 28`h meeting committee members decided to offer associate(non-voting)memberships to farmers unable to commit to regular meetings but interested in being informed of the committee's activities by receiving agendas,minutes and other pertinent material. If you would prefer not to receive this type of material,please contact the Town Clerk, Tee-Ann Hunter, at 273-1721 to be removed from the mailing list. Please feel free to contact me directly if you have any questions or would like additional information. Sincerely, Debbie Teeter, Chair Town of Ithaca Agricultural Committee a iA c o ° ac) a� ca m m L O W � C C �" O N O C 0 C �« O O C. .0 N a) i N N O a) CL N Y a) Q) M caa aL> > £ = m c E c M y o 3 a 0 C C O 0 L U N a) E a U 0 C 3 'v, c`o ° E n L w m a) C. vi ca E �_ L 0 O W � L a) O a 0 rn rn Z I L a) E m •� ° ca c a� E cn a) Q n. Q ac) E W ILII m c c c l c n N C O 'v L L L C 'a co tII O O 0 N n E a L E M C T 2 0 m a a m > v M M w C o ° C. t`II c c '7 0 O O tII L ` a O ,1* 0 N 'L c m a - - :° = a) 0 0 0 c c C C L W 'a C. W 3 0 -- .0 to ° a m N 3 N as a) N Cr O C 0 C c : 0 a a) CO vi Q L � Lam. E Eo >.M o ,c3) 0 c°o '0 c CD N Q.w t9 E 0 . c C CL 0 75 j 3 0 O N O C '° to j 0 L 0 j 0- cII L j C L M ,OL. 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Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us TOWN CLERK 273-1721 HIGHWAY(Roads,Parks,Trails,Water&Sewer)273-1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX(607)273-1704 July 9, 2004 Dear Resident, Many of you may be familiar with the problem of property destruction and vandalism that has been occurring at the Town's Troy Park over the last several years. Despite our efforts to improve security at the park and increased patrolling by the Tompkins County Sheriff's Department, New York State Police, and Ithaca College law enforcement personnel, the problems are still occurring on a regular basis. Last week a recently installed gate near the parking lot was destroyed, the area strewn with garbage, and evidence of partying was found throughout the site. I am sympathetic to the fact that this continuing mischief detracts from enjoyment of the park and I would like to ask for your cooperation in our efforts to put an end to this destruction of community property. I ask that you notify law enforcement officials any time you observe suspicious activity in the park. Anonymous tips are welcomed. Thank you for any help you can give to keep the park beautiful for all residents to enjoy. Sincerely, Catherine Valentino Supervisor �;llaSe CAYUGA HEIGHTS FIRE DEPARTMENT 194 Pleasant Grove Road 19 ss Ithaca, NY 14850 �; lGHGtS (607) 257-2377 July 13, 2004 4. Honorable Walter Lynn, Mayor Board of Trustees Village of Cayuga Heights ATTEST - 1T9ACA TQWN CCE Monthly Report—June, 2004 We picked up the pace in the month of June for the fire department. We ran 44 calls for the month. We ran 25 calls in the village, 14 calls in the Town of Ithaca and had 5 mutual aid calls. We were called to Ithaca on June 9h to provide mutual aid coverage during a storm while Ithaca was on a structure fire and while we were there we covered several calls for them. The Plymovent System for the fire station was installed this past month. We had the truck exhaust systems modified and the Plymovent system was installed over three days. It works well and our members have been trained to use the system properly. I am very pleased that the system is in place. The pre build conference for Ladder 231 is scheduled for July 20'`. E-One is already working on the chassis, engine, and pump in Florida and we will iron out the small details for the truck at the conference. Mercy Flight brought one of their helicopters to the fire station last moth for an aircraft orientation and ground safety training. It was well attended and we actually landed the helicopter in the parking lot behind the fire station. The residents at the apartments next to the station were quite surprised to see a helicopter landing next to their building. We had live fire training at the county burn tower that went very well. We are working hard to keep up our skills. Lt. Bruce Derrick also held, what has become an annual event, water and pool rescue training at the Borg Warner pool. Bruce is a certified lifeguard instructor as well a Diving Instructor and for the past several years has offered us this training which has been very beneficial to our members. We have 17 prospects for the fall '04 Recruit Training Class. We are pleased with this number. The fall recruit class will start in late September. We are losing several of our senior people this fall. We had several folks graduate and move away and several more have been accepted for college and graduate programs out of or area. We will hate to see these members leave but do wish them all the best. "HELP PREVENT FIRES" I applied for and received a New York State Department of Environmental Conservation Grant to purchase equipment to be used for wild land firefighting. This will allow us to purchase equipment to be used on grass and brush fres. We are currently lacking the proper equipment needed for this type of response. We do not receive many calls for this type of incident but when we are called we end up using structural firefighting equipment to extinguish the fires. The grant is a 50/50 match up to $2,000. With approval from the board I will start to purchase this equipment. FIRI e eTamb Fire Chief/Fire Superintendent EMERGENCY CALLS: TOTAL CALLS YEAR TO DATE: 203 (as of July 1) Total Calls— 44 Fire Calls— 11 EMS Calls - 18 Total Mutual Aid—5 Lansing— 1 Ithaca—4 Calls in the Village— 25 Calls in the Town — 14 TRAINING/MEETINGS/EVENTS: 619 — Fire Training — Use of Ground ladders 6116 — EMS Training —Water Rescue at Borg Warner Pool 6124— Fire Training — Mercy Flight Ground Training 6126 — Fire Training - Burn Tower UPCOMING EVENTS: 7/13 — Apartment walkthroughs and scenarios 7115-18 — Fire Expo— Baltimore, MD 7120 — L231 Prebuild Conference 7121 — EMS Training — Patient Assessment 7129— Fire Training 8119— Fire Safety Meeting — Kendal at Ithaca APPARATUS: 202—Leaf Springs Repaired and estimate being done for some rust spots STATION: Again seeking estimates to repair the back door that was damaged by wind. CAYUGA HEIGHTS FIRE DEPAR'T'MENT Fire Department:55002 Cayuga Heights Fire Department Companies:All Date Range:From 06/01/2004 to 06/30/2004 Rox/LOne/Code:All District:All Incident Run Lou SituationFound:All Exclude Mutual Aids:No Exclude Exposures:No Dumber ncident#f Date Time Address Occupant Situation Found Attending 004-040162-00 06101/2004 08:05 EMS call,excluding vehicle 10 See PCR#5-2393376 004-040163-00 06/01/2004 14:49 EMS call,excluding vehicle 10 See PCR##5-2393377 004-040164-00 06/04/2004 15:44 Apaw Motor vehicle/pedestrian 8 CHFD Fire/Rescue dispatch for Car vs.Bicycle. see per#5-2393385 004-040165-00 06106,2004 19:09 Rescue,emergency medical call 30 SEE PCR 2393386 004-040166-00 06/07/2004 20:13 Detector activation,no fire- 17 Alarm set off by steam from a shower. Interior crew located activated detector during quick search,then silenced and reset alarm. Cayuga Heights units retumM to in service. 004-040167-00 06/09/2004 00:17 System malfunction,other 14 Called for a fire alarm activation at the Tompkins County Country Club. AOS-crews attempting to find access since no knox box on construction. Found access thru door on C side that had no hardware. 2 crews searched building-located alarm panel at door on A D comer entrance, Panel stated sprinkler activation. No activation found. General Manager arrived and stated system was not charged yet so most likely a malfunction in the system. After a brief tour of building by 281 and General Manager-all units returned in service. 004-040168-00 06/09/2004 08:30 False alarm or false call,other 11 202 AOS with nothing showing,audible alarm. No residents present. Entry was gained via knox key. Exterior walk-around completed,nothing showing_ Interior crews searched all four floors,no activated detector head found. Alarm panel indicated basement zone, Alarm reset. 004-040169-00 06/09/2004 20:35 False alarm or false call,other 23 Paged for an alarm activation at 194 Pleasant Grove Rd-after looking at printout that said 189 Pleasant Grave Rd-confirmed with fire control and went to Country Club-no alarm-system spike from storm in the area. 004-040170-00 061092004 21:40 Cover assignment,standby, 24 Called to standby Ithaca Central while IFD was out on multiple storm related calls. 203 fast responded directly to wires down in Ithaca. When cleared,203 responded to IFD to standby. 203 was almost immediately sent to ivestigate troublelfire alarm at 402 Aurora street 004-040214-00 06/09/2004 22:21 EMS call,excluding vehicle 23 see per##2393387 computer report generated by 271 on 719/04 004-040174-00 06/10/2004 08:59 EMS call,excluding vehicle 7 See PCR#5-2393388 004-040172-00 06/10/2004 20:50 Grass fire 24 203 Dispatch to provide mutual aid to DFD for multiple wires down. 203 AOS to find multiple wires down including main power line on ground arching. Arching started fire directly in front of residence. 203 repositined 1136 in the event that yard fire spread to house. NYSEG arrived on scene,shut down substation power and clear all units. NOTE: Dispatch did not receive status button data. Times are ESTIMATES. 004-040171-00 06/10/2004 22:24 EMS call,excluding vehicle 24 See PCR# 004-040173-00 06/10/2004 22:40 False alarm or false call,other 24 Dispacthed from IFD central by AC LeBuffto investigate fire/trouble alarm. Zone 6, 1st floor north indicated for fire alarm. No activated detector head found. IFD AC Scnurle successfully completed reset of system. 203 was cleared from Ithaca from the scene. 004-040175-00 06/11/2004 09:59 LP Water or steam leak 15 Called to residence for alarm activation. Resident phoned in that it was possibly steam on shower. CHFD searched residence and confirmed steam from shower. Resident attempted reset of private alarm system-but was having trouble. Resident said they would reset alarm and get it looked at by alarm company. All units returned in service. 004040176-00 06/11/2004 22:21 EMS call,excluding vehicle it See PCR#5-2393364 004-040177-00 06/12/2004 09:03 False alarm or false call,other 13 Activated alarm recieved through fire control. Investigated and found to be caused by steam from a shower. All units cleared. Date: 07/13/2004 Page: 1 Tinie: 8:57 AM ncident# Date Time dress Occupant Situation Found Attending 004-040178-00 06/13/2004 00:41 System malfunction,other 12 ,... Called to Country Club for an alarm activation. AOS to find manager waiting-said alarm panel showing sprinkler system activation. CHFD searched building-no activation found-all units returned in service. 004-040179-00 06/13/2004 03:3 Rescue,emergency medical call 6 See PCR#5-2393367 004-040180-00 06/13/2004 15:01 EMS call,excluding vehicle 10 See PCR#5-3014101 004-040181-00 06/14/2004 13:08 Detector activation,no fire- 10 Called for alarm activation-heat detector activation due to heat from sweating pipe. All clear-units returned in service. 004-040182-00 06/14/2004 15:30 Detector activation,no fire- 9 Called for alarm activation-281 respond in 243-accidental caused by dust-engines held in quarters-units returned in service 004-040183-00 06/14/2004 20:58 Vehicle accident with injuries 12 see NYS PCR 5-3014102 004-040184-00 06/15/2004 09:33 1 EMS call,excluding vehicle 3 See PCR#5-3014103 004-040185-00 06/16/2004 12:36 nEw EMS call,excluding vehicle 9 See PCR#4-10030851 004-040186-00 06/16/2004 16:58 P9 AwNwr Brush,or brush and grass 18 Called for a possible brush fire at location. llilpatch updates information that the caller believes it was intentional. CHFD aos to find a large pile of mulch with a side showing some smoldering(total area les than 10 ss ft) FF's Wiseman and Cisne extinguished smoldering material with a water can and a tin line from 202. Resident reports seeing two youths outside her residene after hearing a firecracker type sound. One youth reported saying"Youre not chickening out John". Resident heard a second popping sound and went out to see what was going on. Reports seeing a blue-green 4dr sedan pulling away and heading up Briarwood. After getting her mail,she saw smoke and flames from the backside of the mulch pile at the end of her driveway in a vacant lot. She woke her husband and called 911. resident extinguished most of the fine before CHFD's arrival. TC Sheriffs Dept aos-took residents information-and said we were clear to leave. Matches revcovered at scene are attached to the report.; 004-040187-00 06/17/2004 16:51 EMS call,excluding vehicle 16 See PCR#5-3014104 004-040188-00 06/20/2004 07:50 Detector activation,no fire- 9 Upon arrival the crew was notified that a painter had sprayed a loose connection of the fire alarm with water accidentally. Interior crew silenced alarm and did a search. Exterior crew did a walk-around. Found nothing besides the wet open connection pointed out by the painter- reset alarm and returned in service. 004-040189-00 06120/2004 11:40 EMS call,excluding vehicle 5 See PCR#-4105 004-040190-00 06/21/2004 09:21 Smoke detector activation,no 7 202 received report from PD that alarm was caused by dust from construction. 264 requested non-emergency response and later held all chfd units except 202 in quarters. Cause confirmed to be dust Alarm reset. 004-040191-00 06022/2004 12.56 False alarm or false;zll,other 10 Called for alarm activation at Country Club-281 responded in 243-false alarm due to work being done on the system.Held units in quarters. 404-040192-00 06/2312004 07:19 Rescue,emergency medical call 9 Call cancelled enroute by Bangs Ambulance. See PCR#5-3014106 for info. 004-040193-00 06/2412004 09:0$ EMS call,excluding vehicle 3 see per#3014107 004-040194-00 06/24/2004 11:55 Is EMS call,excluding vehicle 6 sec per#3014108 004-040195-00 06125/2004 09:41 Aircraft standby 11 AUTOMATIC MUTUAL AID TO LANSING FIRE DEPT TO SET UP LANDING ZONE FOR STAT MEDIVAC. CANCELLED EN ROUTE WHEN 1102 RESPONDED. 004-040196-00 06125/2004 16:21 Detector activation,no fire- 17 Called for alarm activation-202 AOS-interior crew found nothing-all clear-alarm system reset and units returned in service. 40%1, 004-040197-00 06/25/2004 22:37 now System malfunction,other 12 Alarm activated due to a system malfunction. Completed a thorough search of the residence,found no smoke or fire. Unable to reset alarm. Homeowner cut power to the alarm system,and will be on a"firewatch"-will call to have system serviced as soon as possible. [004-040198-00 06/26/2004 07:28 11 MURML EMS call,excluding vehicle 12 Date: 07/13/2004 Page: 2 Time: 8:57 AM ncident# Date Time :address Occupant Situation hound Attending See PCR##5-3014109 004-040199-00 06/2612004 12:41 Detector activation,no fire- 16 Search team discovered that alarm had been reset before Cayuga Heights units arrived on scene. Talked with manager,he said alarm set off due to steam from a fashion show-he reset it. Asked him not to do that in the future,and cleared the scene. 004-040200-00 06126/2004 14:57 Rescue,emergency medical call 11 See FCR#5-3014110 004-040201-00 06/26/2004 19:41 EMS call,excluding vehicle 8 See PCR#5-3014111 004-040202-00 06/27/2004 06:48 System malfunction,other 13 Dispatched p-1 for FA AOS:report from Cornell 2418 that no alarm was found,but pannel was still in trouble mode from problem yesterday. Alarm company was contacted to fix problem by Comell. Resident stated that power had just gone out. SGT Boyce from CI-113D made contact with resident. 004-040203-00 06/27/2004 20:16 Alarm system sounded,no fire- 13 Called for a fire alarm activation at Acacia. AOS-found alarm head activated in 2nd floor north bathroom-alarm would reset but then go off again. Probably moisture in the head Left=in alarm-but silenced. Residents on fire watch.Units returned in service. 004-040204-00 06/28/1004 21:38 tj Ns or Water or steam leak 10 FIRE ALARM ACTIVATED DUE TO WATER LEAK FROM ROOF ENTERING ELECTRICAL SYSTEM OF ALARM. BUILDING HAD HEAVY WATER DAMAGE SECOND FLOOR AND LST FLOOR CEILING. NO STANDING WATER. HEAVY WATER IN WALLS. WATER WAS COLLECTING IN ELECTRICAL OUTLETS AND LIGHTING FIXTURES. ELECTRICAL POWER TO BUILDING WAS TURNED OFF AT MAIN PANELS IN BASEMENT NEAR ALARM SYSTEM. LEAK APPEARED TO BE CAUSED BY IMPROPER PROTECTION OF ROOF EXPOSURE DURING ROOF REPAIR SINGLE RESIDENT PUT ON FIRE WATCH AND INFORMED NOT TO TURN POWER ON UNTIL WATER WAS REMOVED FROM ELECTRICAL FIXTURES. 004-040205-00 06/19/2004 05:44 EMS call,excluding vehicle 3 sEE per#5-3014113 Total Incidents: 45 kate: 07/13/2004 Page: 3 Time: 8:57 AM Fire Department:55002 Cayuga Heights Fire Department Companies:All Date Range:From 0&0112004 to 06/30/2004 Box/Zone/Code:All District:All Incident Totals by Time of Day Situation Found:All Exclude Mutual Aids:No Exclude Exposures:No Time of Day Call Avg Count Attend 00:00 - 00:59 2 13.0 01:00 - 01:59 0 0.0 02:00 - 02:59 0 0.0 03:00 - 03:59 1 6.0 04:00 - 04:59 0 0.0 05:00 - 05:59 1 7.0 06:00 - 06:59 1 13.0 07:00 - 07:59 3 10.0 08:00 - 08:59 - 3 9.3 �.. 09:00 - 09:59 J 6 9.5 10:00 - 10:59 0 0.0 11:00 - 11:59 2 7.0 12:00 - 12:59 v 3 11.7 13:00 - 13:59 1 10.0 14:00 - 14:59 2 10.5 15:00 - 15:59 3 10.0 16:00 - 16:59 3 17.0 17:00. 17:59 0 0.0 18:00 - 18:59 0 0.0 19:00 - 19:59 2 19.0 20:00 - 20:59 ^ _ 5 18.4 21:00 -21:59 2 17.0 22:00 -22:59 4 17.8 23:00 - 23:59 0 0.0 Date: 07106/2004 Page: 1 Time: 10:36 PM � � M 01 Inkn m ci O S? rr a 00 C o � o C o E [� t a u a ¢ z° z OA Yf C R m � •t° `Q V y O d q a 0.' tz ar o A b V O 7 Q 3 V W W � f I w i � I f i r r i. A A a� QN � O O O Q d O N c � PC 4 C e ori u ? 9 M M N M M -Tr D O O O O O = C q O G v � x � w an c� IM Cd C c� e� a> �r � O A p •� H r u w U a `n A o 0 cl A e Fire Department:55002 Cayuga Heights Fire Department Companies:All Date Range:From 06/01/2004 to 06/30/2004 BOX/Zone/Code:All District:All Incident Reponse Performance Analysis Situation Found:All Exclude Mutual Aids:No Exclude Exposures:No Response Time Response Time (Minutes) Number of Incidents Totals Additional 0-1 __-_�� 8 Longest Time: 9.0 2-3 ___ _ __..__. i 17 Incident#: 040190 4-5 --- - 12 - -- � Average Time: 3.l 6-7 5 8_9 _ 2 > 10 0 Apparatus Travel Time Travel Time (Minutes) Number of Incidents Totals Additional 0 -4 _ 37 ---------- --.__ _................ Longest Time: 8.0 Incident#: 040188 10 - 14 0 Average Time: 3.1 15- 19 0 20-24 0 > 25 0 Incident Length Incident Length (Minutes) Number of Incidents Totals Additional 0-29 _— 40 Longest Time: 46.0 30-59 9 Incident#: 040173 60- 89 0 90-119 0 Average Time: 15.0 120-149 0 > 150 0 Date: 07/06/2004 Page: 1 Time: 10:37 PM Joseph Wetmore A 1 4 2004 128 Glenside Ithaca, NY 14850 TOWN OF ITHACA BUILDING/ZONING July 14, 2004 Town of Ithaca 215 N. Tioga Street Ithaca, New York 14850 Open letter to the- Town of Ithaca: It is my understanding that the Town of Ithaca has on its books a sign ordinance that defines the sizes of signs allowed and limits the amount of time that "non-permanent" signs may be displayed. This letter is notification that I have a "Bush Must Go" sign in my yard. It has been there continuously since January, 2004. It is my intention to keep it there at least until January, 2005 if George W. Bush is defeated this November, and until January 2008 if he wins or otherwise contrives to remain in office. It is clear to me that your sign ordinance is unconstitutional and unenforceable, for a number of reasons, some of which I will outline for you: First, there is clearly no compelling government interest in limiting the period of time I am permitted express my political views. On the contrary, the compelling interest of government in a democracy is to encourage the open and continuous expression of political views, which serve as the basis for our choice of government officials and the formation of our collective policies. It seems important to remind you of this interest, in light of the distressing recent tendencies of some public officials to "forget." Certainly, this situation does not satisfy Justice Holmes' Clear and Present Danger Test for a permissible exception to the First Amendment, where, for instance, "free speech would not protect a man in falsely shouting fire in a theatre and causing a panic" [See, Schenck v. United States, 249 U.S. 47 (1919) . ] . Obviously if my yard sign, could somehow constitute a "clear and present danger", it would do so long before your arbitrary 30-day period had passed. The very fact that the law allows displaying the sign for any time period is de facto acknowledgment that the sign and its message do not present any "clear and present danger". On the other hand, there are compelling, and vitally important, reasons for me to display my sign for longer than 30 days -- indeed, for month after month. One reason is that my audience changes with time. Our fellow citizens' travel habits change with the seasons, and the folks who drive by my house in the winter are not necessarily the same one who drive by in the spring. Thus, while some people may see my sign month after month, others will see it for the first time in each succeeding week and month. Since there is no single 30-day period during which I could display my sign to this larger audience, the time limitation, if it could be enforced, would prevent me from � speaking my message to everyone I want to reach. Another compelling reason for long-term display of my message is the statement that is made as the number of similar signs grows. In January, I had one of the few signs visible in the region, and the only one on my block. Now there are several in the neighborhood and thousands in the region. The message to those who see my sign and others day after day is that my cause is gaining momentum. This message can only be delivered and understood with the passage of time. If you restrict my ability to keep my sign displayed over a long period of time, you improperly deprive me of the right to make that statement at all. It is my understanding that the ordinance does not apply to "House For sale" signs. Either that, or you only enforce your sign ordinance against specific messages that for some reason you disfavor. I do not understand how you think that the community can define what kind of speech is allowed on a yard sign. What compelling community interest is served by banning political yard signs and allowing "House For Sale" signs? Would my sign be legal in your eyes if it said both "House For Sale" and "Bush Must Go"? Speech is speech; if yard signs are allowed for the saying of one message ("House for Sale") , then they are allowable for any message ("Bush Must Go") . The First Amendment to the United States Constitution provides, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." This cornerstone of our freedom, together with an extensive and crystal-clear body of case law proceeding from it, establishes and �\ codifies our right to express our political views -- the most critically important and sacrosanct class of speech in our democracy. Any governmental attempt to limit citizens' rights to express their political views is a step away from democracy and a violation of our Constitution. Your ordinance is such an attempt. Since your ordinance is patently unconstitutional and unenforceable, I suggest that you simply repeal it, rather than going through the lengthy and costly process of trying to defend it and ending up with the courts voiding it for you. Si erely, 4 eh Wetmore CC: Pete Mevers, Bush Must Go Committee -T4m Salk Ithaca Journal Ithaca Times 1�� JUL.19.2004 11:21RM BARNEY GROSSMAN DUBOW & MARCUS NO.040 P.1i13 BARNEY, GROSSMAN, DUBOW & MARCUS 1� ATTORNEYs AT LAW SENECA BUILDING WEST DOWN C. 9AR4RY SUITE 400 FAC81161166 PETER o,onos•roAN 119 EAST SENECA STREET (1307)272-0800 DAYIO A. OUPOW ITHACA, NEW YORK 14880 (NOT FOR SERVICE OF FAMRS) RANDALL 9. MARCUS JONATHAN A.ORKIN (907) 279.8641 KSVIN A.JONXU FACSMME COVER MEMO PLEA$E_NOL THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS CONF- IDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED BELOW AND MAY ALSO BE PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU SHOULD NOT READ THE PAGES WHICH FOLLOW AND THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE.THANK YOU. DATE: July 1%2004 To: Tee-Ann Hunter FROM' John C. Barney RE: Ag& Markets comments TOTAL PAGES(INCLUDING COVER SHEET); 13 TELECOPIER NUNSER OF RBCIPEENT: 273-5854 CALL(607)273-68411F YOU DO NOT RECEIVE THE TOTAL NUMBER OF PAGES SHOWN ABOVE MESSAGE Tee-Ann: We scanned into our computers the most recent Ag&Markets letter dated January 26, 2004, and then I prepared comments to each of the points raised by the letter. I also did the same thing with the points for consideration raised by either Deb Teeter or the Ag Committee. Attached are the results of those efforts. It might be appropriate to run these by Jon Kanter if he has the time, as there was one issue that I was uncertain about regarding the Planned Development Zone that is stated as being within an County Agriculture District. I couldn't remember whether that was the Babcock parcel, which has been rezoned to an Agricultural Zone in the revised ordinance, or whether it was some other parcel. John xc: Fred Noteboom(277-6076) Comments on Points Raised by Agriculture Committee regarding new Zoning Ordinance July 17, 2004 The following concerns were expressed by the Agriculture Committee in a spread sheet provided to the Town Board. The concern is as copied from that spread sheet. The comments in italics are the comments of the Attorney for the Town as to the status of the matters raised in the Ag Committees concerns. Requirement of site plan review or special use permits for construction of on-farm buildings and the use of land for agricultural purposes These requirements in general do not apply to agricultural buildings or structures in an area zoned agricultural by the Zoning Ordinance, provided the structures are used for agricultural purposes. In other;,ones, whether or not the property is in a County certified Ag District, there may be requirements to be met. Attached is a copy of the letter from Ag and Markets and illy continents with respect to each of the items raised. The reader is referred to that letter and comments for many of the responses as to why there is a need for some regulations of the farming operations in non-agricultural zones of the Town. Requirement for buffers or setbacks to graze animals, construct fences and otherwise use land for agricultural purposes The buffer requirements are generally related to certain activities that have the potential for significant problems for neighbors. For example, there is a buffer requirement for commercial storage of compost. However, most of the buffers apply only to zones other than agricultural zones. Lack of exemption to allow for agricultural operations as permitted uses in Low Density Residential, Medium Density Residential, Multiple Resident and Planned Development Zones within the Agricultural District See the comments related to paragraph. I of'the attached letter. The definition of Farm in the Ordinance is inconsistent with the Agriculture and Markets Law (AML). The term includes the `structures necessary to the production and storage of agricultural products and equipment." This section was amended to include references in the definition of'farm" to on faun buildings used far preparation and marketing of farm products. See comments regarding paragraph 2 in the attached letter. Article V [Describes the Conservation Zone, permitted uses, uses allowed by special permit and by special approval in this zone.] Equestrian Facility is not listed as permitted, allowed by special permit or by special approval in the Conservation Zone An amendment to the Zoning Ordinance will be suggested to allow Equestrian Facilities in Conservation Zones upon receipt of a special approval. Article V, Section 501 Limits roadside stands or other structures for the display and sale of farm or nursery products incidental to farming and as a seasonal convenience to the owner or owners of the land to a maximum of 500 square feet of enclosed space See the comments to paragraph 5 oj'the attached letter. Article V, Section 512 [Describes additional requirements and application restrictions in the Conservation Zone.] States that "The storage and land application of manure for agricultural purposes shall follow established U.S. Agricultural Stabilization and Conservation Service best management practices. Minimum conditions for storage of solid manure are a pad of concrete and a leachate collection system." This section has been amended to remove the reference to the Stabilization management practices and to simply require the storage to be in accordance with reasonable agricultural practices, with a ininimum standard of a concrete pad "or other system reasonably equivalent in its protection of the surrounding environment" being required. See comments to paragraph 6 iii the attached letter. Article VI [Describes the Agricultural Zone, permitted uses, and uses allowed by special permit and special approval within the zone.] Section 601 Restricts roadside stands or structures to a maximum of 500 square feet See comments related to paragraph 5 of attached letter. Article VI, Section 602 [Lists the "Principal Uses Authorized by Special Permit Only" in the Agricultural Zone.] A "commercial composting facility" would require a special pert-nit and would have to meet several requirements. An amendment to the Zoning Ordinance will be suggested that defines a "commercial composting facility" and makes clear that composting, at least in an Agricultural Zone, that is ancillary to the farming operation will not be subject to the requirements of Section 602(9). Article VI, Section 602 Requires a special permit in the Agricultural Zones for"Research facilities dedicated to research in agriculture or animal husbandry". The State Ag & Nlarket.r Law de%inition of"farm operation" does not include a research fric•ilily. Further, no permit would be required for activities at a research facility that constitiile f arming (,Mob)cisdefined in the Zoning Ordinance (e.g. the growing of crops or livestoc•k). However, the r� activity of conducting research or experinnents on the crops or livestock would require a special pennit if that were the principal activity or purpose of'the facility, notwithstanding there might be incidental activities that would not themselves require a pennit. Article VI, Section 603 [Describes "Principal Uses Authorized by Special Approval Only'.] Excludes excavation in aid of agricultural activities from the definition of Mining, but does not indicate whether the sale of excavated material is allowed Sale of an_y fill is allowed. However, if the mining is for sale, rather than incidental to an agricultural use, the requirements for obtaining a mining permit at the State level may be applicable, and in any event the requirements for a special approval for mining under the Zoning Ordinance would be applicable. Article VIII [Describes the "Low Density Residential" Zones (LDR), identifies permitted uses and uses allowed by special permit and special approval.] Section 801 Requires that any building housing farm animals is at least 100 feet from any lot line or street right of way and manure is not storage within 100 feet of any lot line or street right of way. The reason for set-backs in a Low Density Residential Zone is because the zone is sort of a mired zone, allowing both fanning and residences, and an effort was being made to try and minimize the conflicts that might arise between the two activities. Note that area variances may be available in certain circumstances. See the comments on the attached letter regarding paragraphs 5, 10 and 11. Article VIII, Section 802 Identifies "Equestrian Facilities" as a land use requiring a special permit and meeting several requirements, including buffers and setbacks. See comments to paragraph 12 at attached letter. Article VIII, Section 803 Describes "Permitted Accessory Buildings and Uses" in LDR Zones to include roadside stands See comments to paragraphs 5 and 10 on attached letter. Article VIII, Section 805 Lists an "Equestrian Facility" as an accessory building or use authorized by special permit. See cornrnents to paragraph 12 ort attached letter. Article VIII, Sections 806 & 905 Prescribe height limitations for structures in the LDR and MDR Zones An antendmernt to the Zoning Ordinance will be suggested that removes the height restriction ort r•"� f irnt buildings in Low Density Residential Zones, since, cis noted above, that Zone is a nnired zone in which fanrurig is encouraged. It is not presently contemplated that a similar amendment ('Ob) will be suggested for farming structures in Medium Density Residential Zones, since (a) the principal purpose of these zones is to encourage residences, and(b)as noted above, there is very little Agricultural District f n-inland in Medium Density Residential Zone and what land there is is being gradually converted to residential subdivisions. Article IX [Describes the Medium Density Residential Zones (MDR) and identifies the permitted uses and uses allowed by special permit and special approval.] Agriculture and farms are not listed as a permitted use a use authorized by special permit, or a use authorized by special approval. The only land area in a Medium Density Residential Zone that is also in an Agricultural Zone is, 1 believe, the Perry farm, portions of which have already been subdivided, and a portion of the Linderman Creek project, which is being, or has been utilized for multiple residence use. There has also been expressed interest in possibly developing more areas of the Perry faun. As to the remaining portions that are still being fanned, the farm is a valid non-conforming use and thus permitted to continue. In addition, an amendment to the Zoning Ordinance will be suggested that permits, by special approval or special permit, the expansion of fauns in a Medium Density Residential Zone, rather than requiring the obtaining of a use variance for what would otherwise be the expansion of a non-conforming use. Article XXI [Describes the Planned Development Zones (PD).] One of the PD Zones is located within an agricultural district. Section 2106 provides that structures cannot be built or land uses changed in the PD Zone without receiving site plan approval I believe the only land area in a planned development zone that is in an Agricultural District has already been rezoned to Agricultural, although I need to confirm this with Mr. Kanter. Article XXVI (Describes "Special Regulations" for various activities.) Section 2602 Lists the requirements for "Extraction or Deposit of Fill and Related Products" Subsection 9(d) Provides an exemption for "Removal, movement, or deposit of not more than 500 cubic yards of fill in an Agricultural Zone in any three year period in conjunction with one or more bona fide agricultural uses". See comment with reference to paragraph 4 of the attached letter. Article XXVII Outlines "General Provisions" for various activates and land uses. Section 2711 lists the provisions for mobile homes used for farm worker housing in an agricultural district. Paragraph 2 Provides that site plan approval is required for more than one mobile home on a farm. Paragraph 8 Requires that any site plan approval "Shall be for a period determined by the Planning Board, but in no event longer than five years". This section has been amended to permit the applicant to select the time of duration of the site plait approval, up to a maximum of five years. For additional information, see comments to paragraph 19 of the attached letter. � a TOWN OF ITHACA 4'J ` 0 HIGHWAY DEPARTMENT 106 SEVEN MILE DRIVE, ITHACA, N.Y. 14850 p u b l i cworks @ town.ith aca.ny.us PHONE (607) 273-1656 Roads, Parks,Trails, Sewer, and Water FAX(607)272-6076 July 20, 2004 Regional Traffic Engineer Region No. 3 Department of Transportation 333 E. Washington Street Syracuse,NY 13202 Sir or Madam: The Town Board of the Town of Ithaca,by a resolution adopted July 12, 2004, and the County Superintendent of Highways of the County of Tompkins,hereby request the Department of Transportation,pursuant to Section 1622.1 of the Vehicle and Traffic Law, to establish a lower maximum speed at which vehicles may proceed on Bostwick Road, a County Road between Route 13A (Floral Avenue) and Sheffield Road. We wish to establish a 35 MPH speed limit between Route 13A (Floral Avenue) and Seven Mile Drive and a 45 MPH speed limit between Seven Mile Drive and Sheffield Road. Upon receipt of the notice that the regulation herein requested has been established, the County of Tompkins,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: Town Clerk Dated: ounty Superint ent Comments by County Superintendent ..aft', TE 9a 1360 Slaterville Rd. Ithaca NY 14850 July 22, 2004 Highway Superintend-4 106 Seven Mile Drive Ithaca NY 148050 Dear Sir: Thank your for paving the shoulder on the corner of Honness and Slaterville Rd. It will be safer for motorists and easier for us. Mr. Glover, who lives across Slaterville Rd, gets water in his basement if the sewer gets clogged and large quantities of water go over the road. I think the hard surface will make it easier for us to deal with leaves. In addition I can begin to get the gravel out of my lawn and flowerbeds. Every time my driveway was plowed they brought up stones that had washed down or,been scraped down by the plow. For many years, before the widening of Slaterville, that was an attractive bank. Perhaps I can get it back to something attractive since I won't be so frustrated by all the stone the town pushed up on the bank. Every time I tried to improve it they pushed more up. Sincerely yours, Eleanor P. May cc. Cathy Valentino lar,\ 11 To: Cathy Valentino ' Town Supervisor Town of hac From: Maralyn Edid Renwick Heights neighbo ood ij% ATM ���� Re: Relay for Life American Cancer Society, Tompkins County Date: July 23, 2004 Enclosed please find a petition signed by neighbors in Renwick Heights about the noise emanating from the American Cancer Society's Relay for Life throughout the night of July 9-10. Please recall that the organizers were required to obtain a noise permit, which stipulated that the sound be turned way down at midnight so that it would not travel into the surrounding neighborhood and disturb residents. Moreover, the organizers stated at a public hearing on June 7 that they intended to do this and had a new sound system which would work better, and that they would send scouts into the neighborhood to check on noise levels. Please note that on the evening in question the sound was not turned down sufficiently to spare the neighbors the annoyance of having to listen to loud music in the middle of the night. Calls to the event organizers and to the sheriff's department did not lead to any improvement in the situation. We are asking that in future, the town of Ithaca insist that the organizers abide by the terms of the permit, that they do what they publicly stated they would do, and that the town enforce its own regulation. And finally, this petition represents only those neighbors closest to my house; a family medical emergency this week prevented me from scouring the entire area and I wanted to get this to you quickly. Thank you for your attention to this matter. July 12, 2004 As you are all probably aware, the cancer relay was held*at the high school on Friday night/Saturday morning. Despite having a noise permit from the town which required the sound system to be turned off at midnight, and despite verbal assurances at a town board meeting in June, the organizers did not abide by the rules: the loud speaker blared all night. If you were bothered by the noise, and by the indifference to the permit requirement, please sign below. This petition will be presented to the town board so that a different arrangement can be required in the future. g 2�AltoLC, j ( CCS c,J r L t<' u �z GCevi,.✓, k Pl y 0,�cam, 2- 9 00 IZA Yb 1A A c4 T1s 72-(�� I S Re n W i c July 27, 2004 Mr. Robert Pinkelton Vice President, Store Planning Wal-Mart Stores Inc. 702 SW. 8th Street Bentonville, AR 72712-6209 Dear Mr. Pinkelton: As leaders in the Ithaca community, we offer our hope and expectation that the new Ithaca Wal- Mart can be celebrated not only for low prices and quality merchandise, but also for paying a liv- ing wage and showing respect for worker rights in the community. Our community has been working hard to improve conditions for workers in Ithaca and Tompkins County and we would like to share some concerns and information with your company. While we want to welcome you, we are also concerned about the low wages we hear that Wal- Mart pays its employees. We read that the starting wage for Associates is typically about $7 or $7.50/hour and the average wage around $$Ihour. We are also told that most Associates work no more than 30 hours/week, less than half are covered by your health insurance, and about 50%of Wal-Mart employees typically leave your employment every year. If these figures are wrong,please let us know. If they are not wrong, however, let us explain why this worries us. We are sure you know that this is a rural area, but perhaps you do not know how high the cost of living is, particularly housing. One of our local financial institutions does periodic studies to de- termine what the "living wage"is here. A living wage is the amount that single individuals need to sustain themselves modestly without recourse to public assistance. Our local Iiving wage is $17,544 plus employer-provided health insurance. Hardly a princely sum, it comes to $8.44 an hour for someone paid 40 hours/week for the full year. We estimate employees need an addi- tional $1-$1.50/hour if the employer does not provide health insurance (so the employee can provide their own basic plan). So the typical Wal-Mart employee, working say 30 hours/week at $8/hour, will only be paid about$12,000, substantially less than an individual, let alone a family, needs to survive ade- quately. We are concerned about our hard-working friends and neighbors, and the hardships they bear when their wages are less than they can live on, but low wages also hurt everyone. A recent Congressional study calculated that a typical Wal-Mart store costs taxpayers over$400,000/year --for things like housing assistance, health care, food assistance and tax credits for which Wal- Mart employees will be eligible because of their low wages. For these and other reasons the concerns we are expressing are widely shared in this community. You may not be aware, but both our City and County legislatures recently passed resolutions en- dorsing the importance of workers being paid at least a living wage, and our local Chamber of ,..ft, Commerce endorsed a bill that would significantly increase the NYS Minimum Wage. Beyond the issue of wages, we need to tell you some other things we hear about Wal-Mart that also concern us. Recent news reports and studies have talked about persistent labor law viola- tions by Wal-Mart, discrimination against women employees, employees forced to work off the clock,violations of child-labor law, failure to abide by state regulations requiring meal breaks and rest breaks, failure to pay overtime to immigrant workers employed as janitors, and safety violations when nighttime workers are locked into the stores. We do not take these reports lightly. Our community was shocked and surprised recently when it was reported that the local. Kinko's was found to be altering employee timecards to avoid paying overtime, and a local piz- zeria had to agree to cease abusing immigrant workers and violating state wage/hour laws. The many working families in our community whose low wages force them to monitor their spending carefully will benefit greatly from wide selection, quality merchandise and low prices. They will also benefit from making a living wage and from fair and equitable treatment on the job. We would very much like to hear from you about these concerns and look forward to your timely response. We anticipate the opportunity to meet with you or selected representatives by August 22. Please respond to Carl Feuer, 310 First Street, Ithaca NY 14850 or chf6(�7cornell.edu. Thank you. Sincerely, Tim Jos4h Carolyn Pet son Chair, Tompkins C ty Legislature Mayor, City of Ithaca . Michael Lane Cathy Val elatino Vice-Chair, Tompkins County Legislature Supervisor, Town of Ithaca 0"4 Reverend Wendy Fambro "'"'Bill Myers First Baptist Church Chief Executive Officer Alternatives Federal Credit Union- Jeff Furman Tehirpe Ithaca City School District Board of Education Preside t, aW cal 00 Carlos Gutierre Dr. Carl Feuer President, Latino Civic Association of Tompkins County Living Wage Coalition Tompkins County Radhekant Dave � 112 Park Lane I} Ithaca, NY 14850 JUL 2 9 27 July, 2004 A77EST Fred Noteboom Town of I thaca 106 7 Mile Drive Ithaca, NY 14850 Dear Fred: We requested last May to send someone for cleaning the big drainage pipe in and around the ditch. Thanks a lot for sending people on May 14. They did some cleaning, which hopefully might help the pipe not to overflow anymore. But we have one problem with that. The heavy machine used by them went through our loan for more than once, and did some damage to our land and loan. Although they were kind to spray some fertilizer, it did not help much. We would like to request you to find an alternative way to do the job in future. Also, the yard has to be dr} and not vet, when they come. A Landscaper will be working in our yard very soon, perhaps in two or three weeks. We will have new soil and new loan. IF THE TOWN HAS ANY PLANS TO DO THE PIPE CLEANING, WE WANT YOU TO DO IT NOW, BEFORE THE LANDSCAPING WORK BEGINS. Thanking you, Yours sincerely, (C-C,--k4 Radhekant Dave cc. to. Cathy Valentino,Town Superintendent, Town of'Ithaca; Town Clerk,Town of Ithaca. TompkinsjCounty,Legislature 320 North T�oga:Street;$It6aca,RN:Y. 14850 r. . Telephone,(607)274=$d34°;Fax:(607)274-5430 www tompkms-co�org/legislature J U L 2 9 2004 LJ ATTEST____.._ ---- ITRACA TOWN CL[RK July 27, 2004 Catherine Valentino, Supervisor Town of Ithaca 215 North Tioga Street Ithaca,New York 14850 Dear Cathy: Here is our draft;"survey" information regarding election equipment and duties. Please review this material prior to our August 4`h meeting(1:00-2:00 p.m., Small Side of Scott Heyman Conference Room,Old Jail, 125 Court Street, Ithaca). We need your help in fine-tuning this! Thanks. Dooley �►, Tompkins:"County Legislature 320 North Tioga,Street Ithaca,N.Y. 14850 Telephone(607)274-5434. Fax:(607)274-5430 WWW-Itompldu§-co.oroegislature To: City Clerk and Town Clerks From: Tompkins County Consumer and Community Affairs Committee Date: Subject: Centralization of election equipment Under existing New York State law, counties are authorized to centralize ownership and control of election equipment. To date Tompkins County has not chosen to do so. With the passage of HAVA(the Federal Help America Vote Act of 2002, inspired by the Florida election debacle of 2002), the subject of centralization may be taken out of our hands. Under NAVA, each state must decide how to implement the HAVA requirements - requirements that address voting machines, accessibility, registration identification, statewide voter data bases, inspector training, and more. In the New York State Legislature the Senate and Assembly have different bills each incorporating varied ideas about these requirements-some the same and some in conflict. Enclosed is a chart comparing the decentralization we have at present and how that may change under the competing state bills. Whatever happens, we want to be as prepared as possible when the state legislature finally acts. We want to do what makes the most sense for our residents. To this end, we need to gather as precise cost information as possible from those of you who know it best. Our County Election Commissioners have summarized for us all the components of the local election process, and we include a list of them. We have also prepared a survey, with the help of some Clerks and Town Supervisors,*which we now ask you to fill out as completely as possible. For some of the questions I expect that your first thought will be "this doesn't cost us anything, since we already have a staff person on payroll" or "this doesn't cost us anything because our highway staff can just transport the machines" or "this doesn't cost us anything since we have storage space in an existing building". What we are asking you to do is consider the staff person's time used on election matters and his/her salary, and pro-rate the costs for election-related duties. And for transportation, consider the mileage and the cost of running the vehicle, and pro-rate that cost, too; and for storage space calculate the square footage of floor space used and pro-rate the building's operational cost. If you think of anything we have omitted,please include it,too. If you have any questions please give me (H: 257-7453) or the County Election Commissioners (O: 274-5522) a call. Please return the surveys to the County Legislative Office (320 North Tioga Street, attention D. Kiefer) -- within two weeks. Thanks very much for your assistance in this matter. Dooley Kiefer,Chair Consumer and Community Affairs Committee *Thanks to Town of Caroline Supervisor Barber, Town of Ithaca Supervisor Valentino, City Clerk Holcomb,Town of Danby Clerk Sczepanski, and Town of Dryden Clerk Hollenbeck. Chart Comparing Decentralization -Centralization We have listed all components that need to be dealt with in conducting elections,and who has responsibility for each at present as well as how that may change,considering both NAVA requirements and options within New York State. (We have omitted voter registration and vote counting, since only BOE has these responsibilities.) At present Under Senate Assembly Decentralization Centralization Bill 56207 Bill A8833 City and Machine Maintenance City and Towns BOE Towns BOE Or BOE Administer Custodian& City and Towns, City and Towns, City and City and Towns Towns Inspector Oaths BOE BOE Or BOE OR BOE Review&Identify polling places City and City and And complete Polling Place City and Towns 'City and Towns Towns Towns Compliance Report Or BOE Pick up Poll Bags and Return City and City and them before&after each election City and Towns City and Towns Towns Towns Or BOE Contact appropriate entities for City and machine repairs & Service City and Towns BOE Towns BOE Or BOE Purchase Machine Parts & City and BOE Supplies City and Towns BOE Towns Or BOE Set up machine training class for City and BOE all elections City and Towns BOE Towns Or BOE Process Vouchers and pay City and BOE Inspectors City and Towns BOE Towns Or BOE Process Vouchers and pay City and BOE Custodians City and Towns BOE Towns Or BOE Schedule Custodians for Training City and BOE and pay for their Travel/Stay City and Towns BOE Towns Or BOE Page 1 of 4 Or?ry > TOWN OF ITHACA Cali, o¢'�l 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us TOWN CLERK 273-1721 HIGHWAY(Roads,Parks,Trails,Water&Sewer)273-1656 ENGINEERING 273-1747 PLANNING 273.1747 ZONING 273-1783 FAX(607)273-1704 July 28, 2004 Mr. Daniel Foro Deputy Commissioner/ Chief Information Officer Office of Justice Information Services New York State Division of Criminal Justice Services 4 Tower Place Albany, New York 12203 Dear Mr. Foro: On behalf of the Town of Ithaca Justice Court, I would like to request funding to purchase five new computers and to upgrade our current SEI (Service Education, Inc.) software to a multi-user program. In the summer of 2000 the Town's Justice Court moved to our newly renovated Town Hall. That move put us in an excellent position to take advantage of new technology as ample provisions were made for high speed internet connections, secure files servers, and a local area network throughout the building, including court work stations in the courtroom. The Town is requesting funding for five industry standard computers (one for each court clerk, one for each justice, and one for the court clerk's desk in the courtroom) that can be networked and upgraded with SEI multi-user court software. Current Justice Court equipment has limited hard-drive capacity and memory, which cannot be overcome with upgrades. This results in the Court Clerks and Justices having stand-alone programs that cannot be accessed by other members of the department. Each computer requires an individual printer, and neither clerk can access the other's files. This makes for inefficiencies in operations, such as logging in tickets, dispositions, accessing Department of Motor Vehicle databases, obtaining criminal history information, and filing monthly reports with the Office of the New York State Comptroller. We are very interested in taking advantage of the latest in available software (for example, eDATE) but our current hardware has very limited ability to be loaded with new programs requiring improved processing speed and hard disk space to run !'� network software. Backups must be done at each computer manually. When on the network, back up will be done automatically on the central, secure, file server. Our network administrator has recommended the following computers and software upgrade for the Town of Ithaca Justice Court: HP Compaq d530 ultra slim desktop (with HyperThreading option), HP L1702 17-inch flat panel monitor, MS Windows XP, keyboard, mouse, and Ethernet software. The State Contract price for the workstation is $1572 each. Service Education Inc. provided the attached quote of $2,467.50 to upgrade the Ithaca Town Court from two single-user to a network version of program. Funding request: 5 Computers - $1,572 x 5 = $ 7,860.00 Software upgrade = 2,467.50 TOTAL $10,327.50 Enclosed please find the specification sheet with a more detailed description of the proposed computer equipment and Service Education Inc.'s proposal for upgraded software. The goal in seeking this funding is to increase our efficiency and expedite communications with various local, state and federal agencies. Please feel free to contact me at your convenience if you have any questions or require further information. Si cerely, David L. Klein Town of Ithaca Justice Enc. August 2, 2004 Letter to the Editor: The Recreation Partnership was created in 1995 with the goal of increasing recreational programs throughout the County. An important goal of the Partnership's members was to better serve children in the rural areas by offering some programs close to their homes and by providing transportation to bring children to programs they would otherwise not be able to access. Members of the current partnership include all the municipalities in the County with the exception of the Town Lansing (which has its own outstanding recreational programs). The vision was to form a board that evaluated program proposals and chose the best to meet the needs of the children and be affordable for their families. These goals have not been achieved. The Recreation Partnership needs to get back on track. What needs to be done? The Tompkins County Municipal Officer's Association is a group of elected officials from the Towns and Villages that meets monthly to discuss issues important to our municipalities. We have been very concerned about the future of the Recreation Partnership and have concluded that there are four steps that need to be taken for the Recreation Partnership to survive. FIRST: The formation of a 501(c)3 not for profit organization that would have the ability to seek funding other than tax dollars and offer income tax deductions for those that choose to make donations. SECOND: We must seek other providers for programs, and not depend solely on the City of Ithaca, but have the City as one of several providers. The new system would use requests for proposals from all groups interested in providing programs. The Recreation Partnership Board would then evaluate the proposals and choose the best and most cost effective programs. THIRD: We must improve the partnership by utilizing the expertise of the paid recreation coordinators from the Towns of Dryden, Lansing, Ithaca, and others, including the City. The staff people that create and run youth programs should be the support staff for the partnership. FOURTH: The Town of Lansing should be invited to join the partnership. We should accept, in lieu of a cash contribution, their valuable in-kind service of opening their programs, facilities, and the help of their outstanding Recreation Coordinator. The rumors are that the Recreation Partnership will not survive without the funding and staff support from the County. Further rumors are the Towns and Villages are not willing to increase contributions to the Partnership. The Tompkins County Municipal Officers Association is committed to seeing the Recreation Partnership survive and grow. However, The Towns and Villages are not willing to increase funding and have decreased programs for our kids. We cannot afford to continue paying high overhead charges to the City when we could better use our funds to provide programs for children. In 2003, as a Partnership member the City contributed $50,814. That same year, the City received from the Partnership $53,471 for use of their facilities and $49,033 for general administration for a total of $102,504. These are payment over and above the money they receive from the Partnership for direct programs. When you do the simple math ($102,504 received by the City - $50,814 paid by the City = the City has a net gain of $51,690). This seems excessive. The City does make a substantial in kind contribution to the Partnership but we need to know the value of that contribution. This is the problem we are having with the Partnership. It has little to do with County funding or County staff support. It has everything to do with using our tax dollars in the most effective way to provide these important programs. The County needs to think of important priorities, such as public health and public safety, for the funds they are currently sending to the Recreation Partnership. In 2004, they paid $38,110 plus in kind services for staff support they estimate at approximately $13,000 to the Partnership. This amount could help pay, for example, for a Public Health Nurse or a Deputy Sheriff position. We can, with the four changes I have outlined here, take care of our needs for the r'1 f #p►, Recreation Partnership. We can manage without County funds and staff. We understand the importance of good, healthy, activities for our children. We know how to work together and share together. The Tompkins County Municipal Officers are trying to help the County's serious budget problems by taking over costs and responsibilities in areas that we know we are capable. The rumors about our intentions and alleged lack of good will are very disappointing. Let's focus on the merits of our proposals and not on fear of change and new ideas. Sincerely, Catherine Valentino Supervisor Town of Ithaca GENERAL PUBLISHERS AUG u August 4, 2004 ATTEST tTHACATOV,JNO F' Ms. Tee-Ann Hunter Clerk, Town of Ithaca 215 North Tioga Street Ithaca„NY 14850 Dear Ms. Hunter: This letter is to confirm our recent conversation regarding the sale of the Town of Ithaca Code to local individuals and businesses. It is our understanding that the Town wishes to have General Code handle this function for you. We are pleased to offer this service to you at no additional charge. Under this program, General Code has established a selling price of$138.00 for the Code to outside individuals. This price will be reviewed periodically. All you need to do is provide our toll free number(800) 836-8834 to persons interested in ordering a Code. We will take it from there! Every person purchasing a Code will also be offered a supplementation subscription. This will ensure that they receive all Code updates at the same time as the Town does,so that they are always working with an up-to-date Code. We will handle all distribution, record keeping, invoicing, fulfillment and customer support for the supplementation subscribers as well. You will save money for your municipality by not having to purchase and stockpile extra copies of the Code for potential sale to the public,and you'll also save valuable time by eliminating order-taking, fulfillment, inventory management, update subscriptions, etc. In addition,this program will help you free up valuable storage space. PLEASE NOTE: If, at any time in the future,you would like to resume selling Codes yourself, kindly notify us and we will discontinue selling your Codes to individuals. This will help alleviate any confusion for Code purchasers, regarding differences in pricing and/or supplementation schedules/distribution between your municipality and General Code. General Code is always seeking new ways to make your job easier. We are happy we were able to assist in this function. Please don't hesitate to let us know if there are any other ways we can help! Sincerely, GENERAL CODE jo-,— a=c", Janice Brown Account Representative JB:kl 72 Hinchey Road, Rochester,New York 14624-2991 - 585-328-1810 - 800-836-8834 - Fax: 585-32.8-8189 E-mail: mail@generalcode.com URL: http://www.gencralcode.com r � BOB AND LINDA HARRIS 101 Grove Road Ithaca,NY 14850 607-277-0198 Town of Ithaca Town Hall 215 North Tioga Street Ithaca,NY 14850 Re:Woolf Lane Park Proposal To whom it may concern; It is quite exciting to hear that the Woolf Lane Park will soon be under development. We have anticipated this initiative for quite some time and in response to your invitation for input we offer some of our suggestions. We do,however,find it difficult to be succinct as we are unaware of factors such as the amount of land,the shape of the parcel,the proposed budget for development, etc. Ideally,a neighborhood park such as this would benefit if it were connected to other areas of public significance in a linear fashion in a manner such as the South Hill Recreation Way or the East Ithaca Recreation Way. Rights of way which currently exist for electrical power lines and water supply lines could be used that would extend a walking/biking trail past Evergreen Lane, behind the Biggs Building,Cayuga Medical Center,the Museum of the Earth,Lakeside Nursing Home and beyond. It is even feasible that this could connect north to the Cayuga Nature Center,south to Cass Park,and become a part of the Black Diamond Trail. We would like to see the park itself remain as natural as possible with mature trees as well as young trees to remain but the underbrush cleared to provide for a manicured grassy area. Perennial plantings would be an enhancement. This type of a setting would allow for the area to be enjoyed by residents while still providing habitat for natural fauna. The item of highest priority which could be placed at the site would be a small pond. There are several natural springs in the area which would feed the pond to keep it from becoming stagnant,although runoff would probably have to be arranged. Such a pond would provide wetland habitat for area wildlife,a natural viewing area in the summer for the residents,and the ultimate goal of a winter ice skating pond for the residents. To this end,it is requested that benches(with backs,perhaps),a warning shack to lace up skates,and even a fire pit be provided. This park will serve a small area,so we do not envision that an extensive amount of playground equipment would be necessary. However,no playground would be complete without a big,tall swing set. A small basketball court would also serve the residents of this area well. A picnic table or two,and again,a couple of benches would round out the area. The swinging benches such as those at Cass and Stewart Parks are wonderful! We appreciate the opportunity to offer the foregoing comments. We wish to be kept apprised of any developments on this project and would like to become as involved as possible. We ask to be notified of any upcoming meetings and offer our services if we can,in any way,be helpful. Thank you for your time and consideration. Sincerely, �� •�[ //,4 r 5 Bob and Linda Harris cc:Mr.Fred Noteboom Town of Ithaca ea"" Highway Department 106 Seven Mile Drive Ithaca,NY 14850 'Town Supervisor Ithaca, NY 14850 Catherine Valentino 215 N. Tioga Street 607-273-1721 August 5, 2004 Joseph Wetmore 128 Glenside Rd Ithaca, NY 14850 Dear Joe; Thank you for your letter on the sign ordinance. I will look into it seriously soon. I wanted to let you know that I would be away until the end of August. I didn't want you to think that I had forgotten. I will contact you for input when I get back. None of us would wish to interfere with the right to Freedom of Speech. Sincerely, CA, r -J Catherine Valentino Town Supervisor GCN 307-C T77- AUG 7 g 2004 STATE OF NEW YORK DIVISION OF CRIMINAL JUSTICE SERVICES Four Tower Place Abany, New York 12203-3764 itttp:/tcriminallustice.stale.ny.us CHAUNCEY G.PARKER Daniel M.Foro DIRECTOR OF CRIMINAL JUSTICE Deputy Commissioner AND August 9, 2004 (518)485-2995 COMMISSIONER (538)457-3089 Fax DIVISION OF CRIMINAL JUSTICE SERVICES Honorable David L. Klein Town Justice Ithaca.Town Justice Court 215 N. Tioga Street Ithaca,NY 14850 Dear Judge Klein: Thank you for your letter requesting funding for the Ithaca Town Justice Court to support automation efforts. Your request has been forwarded to the Systems Planning and Standards Group within the Division's Office of Justice Information Services and will be reviewed for consideration of funding under the Edward Byrne Memorial Criminal Justice Records Improvement Program. The purpose of this grant program is to provide local criminal justice agencies with funds to purchase computer hardware and software needed to improve the quality and accessibility of criminal justice record information both at the State and local levels. This grant program provides federal funds to cover 75 percent of the total cost of the project. A local cash match equal to 25 percent of the project total would be required. A member of our staff will contact your office if additional information is needed regarding your request. If you have any questions, please feel free to contact Ms. Helena DeCaprio of the Systems Planning and Standards Group at(518) 402-0611. Very truly yours, 4DaiM. Foro Deputy Commissioner/CIO Office of Justice Information Services ,,.., cc: Chauncey G. Parker, Director of Criminal Justice and Commissioner, DCJS Valerie W. Shanley, Chief of Systems Planning and Standards, DCJS J " d An Equal Opportunity/Affirmative Action Agency ✓ V 4k �/ i i STATE OF NEW YORK ei.,Ney ' UNIFIED COURT SYSTEM I ^� Town and Village Justices and Court Clerks Education and Administration ~ - —� 4 ESP,Suite 2001 Albany,New York 12223-1450 .:-_ AUG 1 g 2004 Tel: (518)474-7469/Fax:(518)473-5514 Email: justicecourts@courts.state.ny.us Website: www.nycourts.gov/ea/ KION.JONATHAN LIPPMAN DAVID L.SULLIVAN Chief Administrative Judge Executive Assistant HON.JAN H.PLUMADORE MARYRITA DOWEL Deputy Chief Administrative Judge Assistant Deputy Counsel Coutts Outside New York City MEMORANDUM August 9, 2004 TO: All Town and Village Justices and Justice Court Clerks b f IN FROM: Hon. Jan H. Plumadore 7 SUBJECT: Memorandum Concerning Filing of Judges' Undertakings I am forwarding the attached memorandum, which was prepared by Michael Colodner, Counsel to the Unified Court System, concerning filing of judges' undertakings. Although it is addressed to County Clerks, it contains important information that is relevant for all town and village justices. Section 104 of the Uniform Justice Court Act requires each justice to file a bond in an amount fixed by the municipal board and conditioned for the faithful performance of his duties with the county clerk.In addition,section 25 of the Town Law requires all town justices to file an undertaking with the town clerk. These provisions are superseded,however,by section 11(2)of the Public Officers Law which provides that all public officers may satisfy any statutory undertaking wqq rement by the filing c f a blanket undertalgl�g� The requirements for filing judges' undertakings that apply to town and village justices can be summarized as follows: Personal undertakings: Town justices - filed both with the County Clerk and with the town clerk Village justices - filed with the County CIerk Blanket undertakings (which ifprocured by a public entity will supersede the requirement for filing personal undertakings): Town justices - filed with the town clerk ViIfage justices -filed with the village clerk Please be sure that you are in compliance with the requirements for a personal undertaking or for a blanket undertaking issued by your municipali .If you have any questions concerning these zequirements for filing j udges' un~ e�ngs, please call Maryrita Dobiel, Esq. (518-474-7469) or the City, Town and Village Courts Resource Center(1-800-232-0630). (over) Tompkins County Legislature [l ; 1 � ,r.. 320 North Tioga_Street,Ithaca,N.Y. 14850 Telephone(607)274-5.134 Fax: (607)274-5430 w�+'rti.tompkins-ca.org/legislature AUG t 0 2044 I To: City Clerk and Town Clerks From: Tompkins County Consumer and Community Affairs Committee Date: August 9, 2004 Subject: Centralization of election equipment Under existing New York State law, counties are authorized to centralize ownership and control of election equipment. To date Tompkins County has not chosen to do so. With the passage of HAVA (the Federal Help America Vote Act of 2002, inspired by the Florida election debacle of 2002), the subject of centralization may be taken out of our hands. Under NAVA, each state must decide how to implement the HAVA requirements - requirements that address voting machines, accessibility, registration identification, statewide voter data bases, inspector training, and more. In the New York State Legislature the Senate and Assembly have different bills each incorporating varied ideas about these requirements-some the same and some in conflict. Enclosed is a chart comparing the decentralization we have at present and how that may change under the competing state bills. Whatever happens, we want to be as prepared as possible when the state legislature finally acts. We want to do what makes the most sense for our residents. To this end, we need to gather as precise cost information as possible from those of you who know it best. Our County Election Commissioners have summarized for us all the components of the local election process, and we include a list of them. We have also prepared a survey, with the help of some Clerks and Town Supervisors,* which we now ask you to fill out as completely as possible. For some of the questions I expect that your first thought will be "this doesn't cost us anything, since we already have a staff person on payroll" or "this doesn't cost us anything because our highway staff can just transport the machines" or "this doesn't cost us anything since we have storage space in an existing building". What we are asking you to do is consider the staff person's time used on election matters and his/her salary, and pro-rate the costs for election-related duties. And for transportation, consider the mileage and the cost of running the vehicle, and pro-rate that cost, too; and for storage space calculate the square footage of floor space used and pro-rate the building's operational cost. If you think of anything we have omitted, please include it, too. If you have any general questions about the survey please give me (H: 257-7453) or the County Election Commissioners (O: 274-5522) a call. Please return the surveys (pages 3 and 4 of enclosure)to the County Legislative Office(320 North Tioga Street, attention D.Kiefer)--within two weeks(by August 25). Thanks very much for your assistance in this matter. Dooley Kiefer, Chair Consumer and Community Affairs Committee *Thanks to Town of Caroline Supervisor Barber, Town of Ithaca Supervisor Valentino, City Clerk Holcomb,Town of Danby Clerk Sczepanski, and Town of Dryden Clerk Hollenbeck. 820 North Cayuga Street Ithaca,NY 14850 AU 7 Tee-Ann Hunter,Town Clerk Town of Ithaca ' - F 215 North Tioga Street Ithaca,NY 14850 Dear Tee-Ann, Since we spoke last week, I've had the opportunity to research the topic of ordination and the performance of marriages in New York State. If your contact with the state hasn't called you back, perhaps this information will be helpful. Only two groups that are recognized to perform marriages in some other states are not recognized in New York. The first is ship captains. The second are ministers ordained by the Universal Life Church (ULC). The ULC was denied this privilege in New York because the religious status of their organization was called into question -- that is, their "church" may be based on a philosophy, rather than a theology. However, it's a thin line that separates the two, and the ULC is recognized as a religious organization in most states. If any organization is recognized as a religion, it may not be discriminated against, nor may the state mandate how it is to practice or what is acceptable as belief. For example, the Covenant of the Goddess, a church which practices witchcraft, is recognized as a religion, and its ministers perform marriages in New York State. In compliance with the First Amendment of the United States Constitution, no state or government organization may discriminate between religious beliefs, nor promote one belief over another, nor promote any particular belief. (For example, see the results of Lemon v. Kurtzman, a landmark Supreme Court decision, handed down in 1971 by then Chief Justice Burger.) In a related court case regarding tax-exempt status and ordaining privileges, a decision of the United States District Court for the Eastern District of California in 1974 reads, in part, "Neither this Court, nor any branch of this Government,will consider the merits or fallacies of a religion. Nor will the Court compare the beliefs, dogmas, and practices of a newly organized religion with those of an older, more established religion. Nor will the Court praise or condemn a religion, however excellent or fanatical or preposterous it may seem. Were the Court to do so, it would impinge upon the guarantees of the First Amendment." So, states may not discriminate against any religion or promote any particular religion by picking and choosing which ministers to accept as "okay" to perform the functions of their church. World Christianship Ministries, my ordaining religious organization, is a Christian ministry that ordains and supports independent, non-denominational clergy for the purpose of evangelism and building and ministering to the body of Christ. Clearly religious, World Christianship Ministries cannot be discriminated against without violation of First Amendment law, and its ministers are recognized as clergy in New York and every other state. I have also confirmed with my Bishop, D. E. McElroy, that our ministers have performed marriages and other functions of the church in New York State for many years. My last position before ordination was as a Multicultural Specialist for Broome-Tioga BOCES. As part of that job, I was called upon to help schools in their compliance with First Amendment law, specifically as it related to religious issues. Perhaps that's why I was taken aback by your questions, Tee- - - - Ann, and wanted-to understand the-situation clearly - BARNEY, GROSSMAN, DUBOW & MARCUS ATTORNEYS AT LAW SENECA BUILDING WEST ,OHM C. BARNEY �J SUITE 400 n lJ LS F�csliahLe PETER G. GROSSMAN 119 EAST SENECA STREET (6 - 1 II DAVID A. DUBOW ITHACA, NEW YORK 14850 (NOT FOR SERVICE OF P l RANDALL B. MARCUS AUG 13 0 lA JONATHAN A. ORKIN (607) 273-6841 tju�] V L UT KEVIN A.JONES ATTEST ITHACA TOWN CLFRK August 11, 2004 Honorable Catherine Valentino Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca,New York 14850 Daniel Walker, Director of Engineering Town of Ithaca 215 North Tioga Street Ithaca,New York 14850 Re: John Babcock - Elmira Road - Quitclaim to Portion of Right of Way Dear Cathy and Dan: Enclosed is a copy of a letter I received from Bob Williamson with my handwritten notes on it. It appears that back in the 1800's, the Ithaca Owego Turnpike was created which runs somewhat along the current route of Route 13 through the southerly portion of the Town of Ithaca. Somewhere around the turn of the century the old Ithaca Owego Turnpike was aban- doned and the townships o cr which it crossed became the technical owners. Since that time New York State has appropriated lands for New York State Route 13. In certain stretches of the Route 13, however, the route deviated from the old Ithaca Turnpike, and that appears to be the case in front of Mr. Babcock's property(which is located immediately north of what used to be the old Turback's property and south of the Eddydale Farm), In that area it appears that the old turnpike road lines are adjacent to but outside of the New York State Route 13 state appropriated property. As a result of some conversations with Al Fulkerson, one of our premier surveyors, and with Bob Williamson, it appears that Mr. Babcock would like for the Town to quitclaim whatever interest it has in the portion of the old Ithaca Owego Turnpike that abuts his property on the west. Enclosed with this letter is a copy of a map which shows the area that Mr. Babcock would like to have quitclaimed to him. 0 F BARNEY, GROSSMAN, DUROW & MARCUS August 13, 2004 Page 2 When you and I both return from vacation, I would be happy to sit down with you and Dan and try and explain on the map what it is that is being requested and discuss what would be an appropriate response from the Town. I am sending a copy of this Ietter to Mr. Williamson to let him know that the request has been transmitted to you. However, I have advised him that both you and I are going to be away essentially through the end of August and it will be September before we can focus on the question and advise him of what course of action may be considered. With best regards. Sincerely yours, JCB:sls Enclosures xc: Robert 1. Williamson, Esq. I LAW OFFICES OF WILUAMSON, CLONE &STEVENS RJaF, 317 NORTH TIOGA STREET BERr 1.WILLIAMSON JULJf POST OFFICE BOX 126 20�¢ Y BERT J.CLUNE RHACA, NEW YORK (48514126 FREDERICK B.BRYANr .tOHN ALDEN STEVENS COUNSEL JOHN'H.HANRAHAN,30 (1911-1991) JOHN S.MCCAFFREY TELEPHONE(607)273-3339 PAUL D.SWEENEY RICHARD 1.MULVEY ALLAN G.VAN DE MARK COUNSEL July 8, 2004 �l��Q 1/ -- John Barney,Esq. Barney, Grossman,Dubow&Marcus 119 East State St. Ithaca,NY 14850 Gtr S'e3- t6-1 C;V, Re: Babcock Property-Elmira Road i;I A ��ki,� -&) Dear John: 411 41p "ems 5L.,f We represent John Babcock,who is the owner of the parcel zoned residential and lying immediately between Eddy's produce stand on the north and Turback's on the south. r' We contacted Al Fulkerson at T.G. Miller concerning the parcel of land immediately adjoining Babcock on the west. According to him, the roadway initially was the Susquehanna and Ithaca Turnpike,with a width of 66 feet. In planning the present highway, the County of Tompkins appropriated the necessary rights of way. In doing so,they started 50 feet west of the former east line of the turnpike instead of 66 feet, i.e. the width of the old turnpike. When the turnpike was discontinued or abandoned,the land apparently went back to the municipality, i.e. the Town of Ithaca. Therefore,it would appear that the Town would be able to quitclaim the 50 feet to us. Research would show that years ago Eddy had the State of New York quitclaim the property to him lying between the Eddy property and the State right of way. However, according Jo the research done by Fulkerson, the State did not own the property. However,that is of no concern. We feel that the proper party to quitclaim the area is the Town of Ithaca. Please review and call me for any questions and/or advice. Sincerely, RIW:mec Robert I.Williamson P.S. Enclosed are copies of the survey for your use. "Ilage f CAYUGA HEIGHTS FIRE DEPARTMENT 194 Pleasant Grove Road ;g 55 Ithaca, NY 14850 f H 5 (607) 257-2377 ugust 13, 2004 Honorable Walter Lynn, Mayor Board of Trustees �� AUG 1 6 2004 U Village of Cayuga Heights Monthly Report—July, 2004 arTEsITRAC TTOWN CL E9K The month of July was a moderate month for the fire department. We ran 28 calls for the month. We had 19 calls in the village, 7 calls in the town and we went mutual aid to Ithaca and Lansing once each. Our responses times remained excellent through -the summer. Our members really stepped to the plate this summer and kept our response times down and our response numbers up. I am very pleased with our numbers this summer. Nine members of the department attended the Firehouse Expo in Baltimore last month. ,,ONO%, We attended seminars on the latest firefighting and training techniques and then explored the show floor with all the newest firefighting equipment that is on the market. All who attended from the department benefited from the trip. We used the grant we received from the DEC to purchase equipment to fight brush fires. We purchased 5 Indian Tanks a chainsaw and rakes, brooms and shovels that we will start using to fight and grass or brush fires we are called to. We would also like the board's approval to apply for a New York State OFPC Grant to purchase new turnout gear as well as helmets, boots, gloves and hoods for our members. This is a grant that, if awarded, would not cost the village any further budget funds. Engine 202 was inspected last month and was found to have several cracked suspension spring in the rear end. Caskey's Garage rebuilt the suspension system for the truck and it is great working order now. The truck committee for L231 met with E-One representatives at the station last month and we had our pre-build conference. We went over every line item on the truck specifications and worked out several changes to the specification and are very pleased with the final results. "HELP PREVENT FIRES" The fire company members have started raising donations for the upcoming Tunnel to the Towers Memorial Run in New York City. This run is to commemorate the life and tragic death of Firefighter Steven Siller who died on 9111. Three member of the department will run in the 5K run and one member will carry a flag in memory of one of the 343 firefighters who passed away that day. We will be holding a pancake breakfast to help raise funds in early September. We have two of our bunkers departing for college this month but we have chosen two active members to-fill those.rooms. Firefighter John Putnam and Firefighter Nathaniel Cisne will be leaving at the end of the month. We have chosen Firefighters Danny Wnek and Jeff Hardgrove.a&the..newest bunkers. We look forward to continued excellence from our bunkers. Sincerely, I , I George amborelle Fire Chief/Fire Superintendent EMERGENCY CALLS: TOTAL CALLS YEAR TO DATE: 232 Total Calls— 28 Fire Calls— 14 EMS Calls - 12 Total Mutual Aid —2 Lansing— 1 Ithaca— I Calls in the Village— 19 Calls in the Town— 7 TRAINING / MEETINGS /EVENTS: 7113 —Apartment walkthroughs and scenarios 7/20 — L231 Prebuild Conference 7/16/17/18 — Firehouse Expo 7129 — Fire Training UPCOMING EVENTS: 8119 — Fire Safety Meeting — Kendal at Ithaca 8121 — EMS Training — Patient Assessment 10126 — Tunnel to the Towers Run APPARATUS: All trucks are working well. STATION: Fixing sump pump in elevator shaft Getting garden pump fixed Working on back door to station Fire Department:55002 Cayuga Heights Fire Department Companies:All Date Range:From 07/01/2004 to 07/31/2004 Box/Zone/Code:All District:Atl Incident Run LOB Situation Found:All Exclude Mutual Aids:No Exclude Exposures:No Number ncident# Date Time Address Occupant Situation Found Attending 004-040206-00 07/04/2004 13:43 64 Special type of incident,other 10 Called by dispatch for fawn trapped in pool. Responded. UAO deer out of pool on its own power.cancelled responding units. 004-040207-00 07/04/2004 22:10 Lock-out 4 Called for a lady locked out of her house-202 responded and popped the interior garage door with a shove knife-returned in service. 004-040208-00 07/06/2004 11:46 EMS call,excluding vehicle 9 See PCR#5-3014114 004-040209-00 07/07/2004 02:36 EMS call,excluding vehicle 6 See PCR#5-3014115 004-040210-00 07/07/2004 20:23 Service Call,other 9 Called by dispatch for a trouble alarm at CH Elementary-checked system-all normal-returned in service 004-040211-00 07/07/2004 20:43 Lock-out 9 Called by CHPD to assist with a lockout-need for shove knife and halligan-CHPD gained entry-returned in service. 004-040212-00 07/08/2004 09:02 EMS call,excluding vehicle 6 SEE PCR#3014135 004-040213-00 07/09/2004 06:41no EMS call,excluding vehicle g See PCR#5-3014136 004-040215-00 07/12/2004 10:00 EMS call,excluding vehicle 5 See PCR#5-3014138 004-040216-00 07/12/2004 15:14 dumum Alarm system sounded due to 8 Called MA to Lansing for a fire alarm activation at Tops. AOS-no smoke or fire. Lansing FF Kats on scene-reported Lansing was there the previous Weds evening for an alarm activation as well. Interior crew searched found no smoke or fire.Reported that a repair man had been working on system but had left for the day-would be back tomorrow. Put the store on fire watch and notified them to let Fire Control know when their system was being worked on in the future. 004-040217-00 07/13/2004 19:26 EMS call,excluding vehicle 3 See PCR#-5-3014139 004-040218-00 07/14/2004 20:21 _ Detector activation,no fire- 17 AOS nothing showing.Alarm panel indicated second floor north side alarm was activated.Interior crew searched the building and looked for an activated alarm.And then attempted system reset a few times,but not successful.264 has notified the resident and a fire control that they are on the fire watch until the alarm panel is serviced.CHFD returned to service. 004-040219-00 07/19/2004 09:50 Alarm system sounded due to 12 Called for an alarm activation at the country club-aos to find panel reading water flow. Found no faw. Could not reset panel due to being locked out. Turned problem over to the country club and contractors in charge. 203 returned in service. 004-040220-00 07/19/2004 10:00 EMS call,excluding vehicle 12 See PCR#5-3014140 004-040221-00 07/19/2004 13:33 EMS call,excluding vehicle 6 See PCR#-5-3014141 004-040222-00 07/19/2004 18:22 Fire,other 15 Disp for mutual aid to the city of Ithaca. City was covered by Ithaca truck and engines,but we were there for second calls,fire was out by the time we got to Ithaca Central Station.time spent in Ithaca was I hr 20min. 004-040223-00 07/20/2004 16:37 EMS call,excluding vehicle 13 see per#3014142 004-040224-00 07/21/2004 10:40 Service Call,other 2 Officers toned out for detail. Dispatch informed us that a trouble alarm has been periodically going off in the residence. Investigation revealed "trouble"with phone line one from the dialer box. Attempted system restore with only periodic success. Residents will call simplex to determine problem resolution. -282 004040225-00 07/23/2004 10:49 Detector activation,no fire- 6 Dispatched to 555 Warren Rd for a fire alarm activation. 262 AOS,assumed command,and investigated finding that the alarm activation had been caused by water entering the ventilation system causing a ground fault. There was no smoke or fire and 262 canceled 202 as it AOS. Date: 08/08/2004 Pa e: 1 Tinge: 10:10 AM ncident# Date Time Address Occupant Situation Found Attending NC-252-7-23 004-040226-00 07/23/2004 20:50-44 Service Call,other 8 TCFC toned out for a chief-281 called in since not sure location of a chief due to grassroots and 264 leaving town. 262 also called in and contacted station. 435 Wyckoff was haivng dialer issues with their alarm-phone company was supposed to come out yesterday-but still had not arrived to take care of the problem with the phone line. The dialer was disconnected from power since no other way to stop the beep from the trouble alarm. Alarm system appeared to still be operational(alarm system itself was not in trouble-only the dialer box)-so put the residents on fire watch,and notified them to call 911 directly if there were any emergencies. 004-040227-00 07/24/2004 19:42 Motor vehicle/pedestrian 8 At 19 42 hours CHFD got dispatched for an MVA-car into a telephone pole.Cayuga Heights P.D.was on scene and deemed the scene safe; both occupants of the vehicle were out,walking around,and presented no injuries.E 202 waited for a crew,but did not respond as it was cancelled by dispatch. 004-040228-00 07/24/2004 22:33 Electrical wiring/equipment 11 Called to a residence for smoke from a light fixture. AOS to find resident waiting-said they turned off the main breaker. 282 lead interior crew -found a very warm area along ceiling on A side of living room where fluroescent light ficture was located. Over 20OF with heat gun. TIC located a few hot spots-but no spread or fire signs found. After some time,appeared to be cooling. Check of the roof found no heat_ Left resident with a heat gun from 203 to check the hot spot to make sure it was cooling down-if the heat is not going down or they are still nervous,said we will come back and remove part of the wall to check the area. Units returned in service. 004-040229-00 07/25/2004 00:23 Municipal alarm system, 10 Malicious false activation due to a patron intentionally blowing cigarette smoke into a detector head, No hazards found. Club manager present. 282 7004-040230-00 07/25/2004 03:07 annomw "Nup Good intent call,other 8 Called for odor of smoke in garage-AOS nothing showing-282 had interior command-nothing found.Units returned in service 004-040231-00 07/28/2004 09:26 EMS call,excluding vehicle 6 See PCR#5-3014145 004-040232-00 07/29/2004 14:41 EMS call,excluding vehicle 6 See PCR#5-3014144 004-040233-00 07/19/2004 21:51 1 EMS call,excluding vehicle 13 See PCR# 3014146 04-040234-00 07/31/2004 06:07 Hazardous condition,other F Called to residence for a"hot spot"in the floor that is normally cool. AOS-interior crews found hot spot-located a heater attached to the ceiling of a room in the basement-best description is of an oven heating coil attached to the ceiling. Resident stated it must have been left on sometime yesterday. Shut down unit and allowed to cool-heat level went down-units returned in service. Total Incidents: 28 ,-r.. Date: 08/0812004 Pa<.;e: 2 Time: IO.10 AM Fire Department:55002 Cayuga Heights Fire Department Companies:All Date Range:From 07/01/2004 to 07/31/2004 Box/Zone/Code:All District:All Incident Totals by Time of Day Situation Found:All Exclude Mutual Aids:No Exclude Exposures:No Time of Day Call Avg Count Attend 00:00- 00:59 1 10.0 01:00 -01:59 0 0.0 02:00 - 02:59 1 6.0 03:00 -03:59 1 8.0 04:00 - 04:59 0 0.0 05:00 -05:59 0 0.0 06:00 - 06:59 2 12.5 07:00 -07:59 0 0.0 08:00 - 08:59 0 0.0 09:00 - 09:59 3 8_0 10:00 - 10:59 4 7.3 11:00 - 11:59 1 9.0 12:00 - 12:59 0 0.0 13:00 - 13:59 2 8.0 14:00 - 14:59 1 6.0 15:00 - 15:59 1 8.0 1.6:00 - 16:59 1 13.0 17:00 - 17:59 0 0.0 18:00 - 18:59 1 15.0 19:00 - 19:59 2 5.5 20:00 - 20:59 4 10.8 21:00 -21:59 - 1 13.0 22:00 - 22:59 2 7.5 23:00 -23:59 0 0.0 Date: 08/08/2004 Page- 1 Time: 10:29 AM � \ _ > 2 � n \� 2 � \ � C � ` d / / 2 . � . � § & � g � A 9z � 2 � � 2 � C ■ g _ LZ k rA m 2 oil- �. ■ � 9 A % � k ■ . . A Q � � M 0 N y y x y H -* N oo r- C� 7T N r- n r- r- r• o a M LG G1 N in O M M M M M M o p o U o � N `p M 110 N OG 'f i C O O O a 'ja j O cu x V W 1"1 W W L O �a yam© ! C .rTr 1T ^ �P I ,cl a� c +r w M o A N c a� c� A Fire Department:55002 Cayuga Heights Fire Department Companies:All Date Range:From 07!01/2004 to 07/31/2004 Box/Zone/Code:All District:All Incident Reponse Performance Analysis Situation Found:All Exclude Mutual Aids:No Exclude Exposures:No Response Time Response Time (Minutes) Number of Incidents Totals Additional 0- 1 8 Longest Time: 9.0 2-3 —� 11 Incident#: 040225 4-5 5 6-7 3 Average Time: 2.8 8-9 1 > 10 0 Apparatus Travel Time Travel Time (Minutes) Number of Incidents Totals Additional 0-4 23 Longest Time: 7.0 5-9 5 Incident#: 040222 10- 14 0 15- 19 0 Average Time: 3.0 20-24 0 >25 0 Incident Length Incident Length (Minutes) Number of Incidents Totals Additional 0-29 23 Longest Time: 78.0 30-59 4 Incident#: 040222 60-89 1 Average Time: 16.6 90- 119 0 120- 149 0 > 150 0 Date: 08/08/2004 Page: 1 Time: 10:40 AM Town of Ithaca Agriculture Committee ,^ Meeting Notes for August 16, 2004 Present: Jamie Baker,Jen Bokaer-Smith , Stephen Eddy,Herb Engman,Tom McMillan, George Sheldrake,Alan Teeter,Debbie Teeter, Christianne McMillan White Excused: Christiann Dean,Jan and Sue Suwinski Chair Debbie Teeter opened the meeting at 7:08. She asked that everyone update the contact list for the committee to facilitate communication. Under announcements, Jen Bokaer reminded the group of a tour available on Wednesday, August 18, 6:30—8:00. The minutes of July 19, 2004 were approved with the correction that Jamie Baker was excused. NYS Ag District Law Discussion continued on the new town zoning and the questions raised by NYS Ag and Markets. Herb reported some clarification gathered at the last Town Board meeting: Setback requirements are for housing; there are no setbacks for fencing,grazing and tilling. Equestrian facilities require a special permit only in residential districts,not agricultural districts. The committee discussed the need to remove any zoning requirement on height restriction on riding arenas. The zoning limit of 500 Sq. feet for roadside stands (direct agricultural products marketing) was discussed. Debbie distributed an Ag and Markets paper,"Guidelines for Review of Local Laws Affecting Direct Farm Marketing Activities."The group believes that direct farm marketing needs vary with the size and nature of the farm. Regulation should focus on local farm-produced products, not size of the facility. Jen moved, seconded by Debbie, that the following be recommended to the Ithaca Town Board: Direct farm marketing should not be limited by the size of the sales facility. Decisions should be made on a case-by-case basis. Passed 6 in favor, none in opposition, no abstentions. Fixed Ratio Zoning Discussion continued on fixed-ratio zoning. There is concern about deed restrictions on the land when sold.The question was raised as to how often zoning is updated and new maps are produced. It was suggested that the American Farmland Trust might have ideas on how to deal with fixed-ratio zoning and resulting deed restrictions. Town Purchase of Development Rights Program Debbie reported that new applications for PDR grants are due to the state October 1. Herb reported that Mike Smith of the Town Planning Department has heard from a couple of farmers expressing interest and that applications are strengthened if several contiguous farms are included in the application. The Town of Ithaca application might be more (401� competitive since the town has available some identified funds for PDR that could be used to fulfill the state's matching requirements. Planning for Agriculture in the Town of Ithaca It was decided that the document Planning for Agriculture in the Town of Ithaca should be reviewed to determine if updating is advisable. Other There was discussion as to how the Town of Ithaca could support agriculture in the town: 1. Provide fill (from ditching and other activities) and keep a list of those needing fill and sharing the list with fill creators like Cornell and Ithaca College. 2. Install culverts 3. Provide a point person at the Town Hall for inquiries and procedures for agriculture. Mike Smith was suggested since he already deals with PDR issues. It was decided to invite Jon Kanter and/or Mike Smith to the next Agriculture Committee meeting to continue the discussion of agriculture,town zoning, and related Ag and Markets concerns. The next meeting is scheduled for Monday, September 20 at 7:00 p.m. at Cornell Cooperative Extension of Tompkins County. Notes respectfully submitted by Herb Engman,Town Board liaison to the Agriculture �•.` Committee John B. Babcock boo Cayuga Hgts. Rd. 1 2004 Ithaca, NY 14850 �� 3 Ms. Catherine Valentino Mr. Daniel Walker ATTEST ITH.ACA TDV_V CLFgK Town Supervisor Director of Engineering Town of Ithaca Town of Ithaca 215 N. Tioga St. 215 N. Tioga St. Ithaca, NY 14850 Ithaca, NY 14850 28 August 04 Re: John Babcock: Elmira Road Quit CIaim to portion of Right of Way Dear Ms. Valentino and Mr. Wa]ker: I am writing this letter direct to you as a follow-up to the letter of Town attorney, John Barney. As owner of the residential property between the Turback restaurant and the Eddydale farm, I am very interested in annexing as part of my property, by Quit Claim Deed, the property immediately to the west, which lies between my west line and the current east boundary of the New York State right of way. I previously tried to have the State of New York transfer this parcel of property,but was advised by the State Highway Department they did not have any interest in this parcel. For this reason, my attorney contacted both John Barney and surveyor Al Fulkerson concerning this transfer. Mr. Eddy, my neighbor to the north, back in the Bos, had the State quit claim the property adjoining his property. I enclose a copy of that Deed for your reference. The purpose of my request is to complete ownership of my property directly-to the boundary of the present state highway right of way. This will give me the right to use the property directly to my west and eliminate the use in any way by any property owner to my north or south. On occasion, I have noticed my parcel is used bypersonsor parties coming to the produce market on the north, and as a vehicle access by the market operator, both of which I would like to prevent. Obviously my request and preparation of the quit claim Deed would be done at my expense. Of course the Town Attorney and Engineer will have to approve the Deed and description. I would be happy to appear before any committee and/or person that you want me to interview in connection with this request. Thanking you in advance for your courtesies, Since�ely, Jhn"B. Babcock CORRESPONDENCE owN c � S0,33L-`Gi= V VEa 12La4 i<. R- T'cw vs z-Ljc5 ra q o 114- C- Ju6 y- 0 �- �,�z©ry �ny� `il-�G�i3� �1��R C��11"�C•� '�-�+E- CUNST-YWr.M QN 04- m 4 m oicE: Lbvc' Los-" 1-iOu51 Ntj lb 1_L T 71i 15 C>N Li A x3 e S r Ri �1 �s4-r, c1-+ Rpsse� rn� �7 � L3e.5T1vNS �►� '� Wh � �h w o u�-�a -bTD1 S Lu SS I i r Tl-C �C��s"ry �J ct��l.I� on C ET S a N S T LX o, t QvL`�zr~.,(j 15 Om -4E Y &TI NQ Ya c�c rU�D�1, 7:L' WbV LL t�)Pl-Z �-t �fi� TSE 0f>p (-L7Inst Spe.z�, nT' 7)4Is c:CrI NG ._...y 12-7 ATTEST IrMACA TOWN CLE KK BARNEY, GROSSMAN, DUBOW & MARCUS ATTORNEYS AT LAW #00W-k SENECA BUILDING WEST SUITE 400 FACSIMILE OHN C. BARNEY 11 9 EAST SENECA STREET {6071 272-6806 Peres G. GROSSMAN DAVID A. DUBOW ITHACA, NEW YORK: 14850 (NOT FOR SERVICE OF PAPERS) RANDALT. B. MARCUS JONATHAN A. ORKIN (607) 273-5641 KEVIN A.JONES September 9, 2004 George H. Winner, Jr., Esq. ___ ..__ __ ------ Keyser, Maloney&Winner, LLP I HSBC Bank Building, 2"Floor D j 150 Lake Street I ' U Elmira, New York 14901 SEP I L L) Re: Danby Road Park Parcel ATTEST ITHACA TOWN GLt RK Dear George: In accordance with our discussions at the Planning Board meeting at the Town of Ithaca on September 7, 2004, returned to you with this letter is the original deed of the park parcel that was supposed to have been conveyed to the Town nearly 15 years ago, and which you tendered to me within the last year, Also returned are the Farms TP-584 and RP-5217. As I indicated at the meeting, we do not accept the deed unless and until we have complete title documents including an abstract and related information to do a complete title review. However, in this instance, I would not bother getting that material together since the Town Board has concluded, based on information that has become available to them since the original subdivision approval, that this land is not particularly useful as park land anyway. We have had a wetland delineation done of a number of the properties in that area and the delineation suggests that a substantial portion of the property Mr. Monkemeyer is offering to the Town is a wetland and,therefore, does not appear to be appropriate for an active Town park. Hopefully we will be able to handle the park issue in conjunction with the recent application for Ithaca Estates Phase III subdivision approval. V ery y yours, r JCB:sls ` Enclosures xc: Supervisor Catherine Valentino .00•, Jon Kanter, Director of Planning f CITY OF ITHACA � . 310 West Green Street Ithaca, New York 14850-5497 OFFICE OF THE FIRE CHIEF c�gpOl7AT 6a Telephone: 607/272-1234 Fax: 607/272-2793 September 10, 2004 Chief Brian Wilbur Ithaca Fire Department 310 W. Green Street Ithaca,NY 14850 Chief Wilbur, Inspection and testing of renovation and new construction projects continue to be the major workload of the Fire Prevention Bureau. A break in new construction projects in the early part of August allowed the Codes Division some time to catch their breath and complete paperwork related to July's heavy testing schedule. The later two weeks of August brought another round of increased testing and construction inspection to meet the schedule of incoming students. Inspection of fraternities and sororities also added to the workload of the Codes Division. " CODES DIVISION: The personnel in the Code Division logged a total of 24 hours of training. The total training hours were dedicated to fire and ems related topics. Again the training hours for the second month of in a row reflect a lower number than normal. The heavy inspection and testing schedule forced the use of training days to meet testing and inspection needs. However,the training needs for the Codes Division remain on track. Specific drills schedule for September coupled with normal training days will have the Codes Division at or above required levels. There were a total of 31 inspections of assembly occupancies completed for the month. In addition to the inspection there were 26 test observations done on sprinkler systems,hood system and fire alarm systems. There were six (6)complaints received for the month of August. All the complaints were closed. A change in parking ticket fines required us to turn in the old ticket books, leaving the division with no ability to issue tickets. New ticket books have just been received and distributed. The month of September should show a significant increase in parking tickets issued. "An Equal Opportunity Employer with a commitment to workforce diversification." c FIRE INVESTIGATION UNIT: The FIU reported two investigations for the month of August a total of five hours to complete the investigation. One fire was determined to be accidental while the second,a vehicle fire, was listed as arson. The arson investigation has been turned over to the Ithaca Police Department. JUVENILE FIRE SETTERS PROGRAM: JFSP continues to work with the one referral from the month of July. The program received no referrals for August. PUBLIC EDUCATION: According to department records there were three public education details performed by members of the fire department. These details were fire station tours at the central fire stations and a visit to a day camp at Cass Park. Department members had contact with approximately 150 individuals during the programs and a total of 4.5 hours were logged for the details. Lt. Covert continues to work on materials for public education. The department has received some of those materials and will begin changing over some of the dated material from the inventory. Zect lly s ed, el i Assistant Fire Chief Fire Marshall r ITHACA FIRE DEPARTMENT BOARD OF FIRE COMMISSIONERS REPORT September 2004 PERSONNEL STAFFING LEVELS 1 Chief 1 Deputy Chief 5 Assistant Chiefs 8 Lieutenants 49 Fire Fighters 64 On duty personnel 1 Fire Alarm Superintendent 1 Administrative Secretary 1 Administrative Assistant- Financial 0.5 Account Clerk Typist 0.0 Temporary Office Assistant 0 Recruit Fire Fighter 1 Fire Fighter on Extended Sick Leave Total employees as of 09/01/04—68.5 MUTUAL AID CALLS — From: Cayuga Heights, Lansing, Newfield To: SELECTED CALLS — On 8/14/04, C Shift responded to a structure fire at 415 W Green St. The shift quickly extinguished the fire. SUPPORT 37 Vehicle work orders were written and 35 were closed. TRAINING — See Attached report. Submitted by: J. 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M m O o0 m O C3'1 a �' 05ZZ L 7 Ln LO LO Ln (n tci lici co Ln o Ln Ln t trs uoiaoas �oddnS m M r 67 ~ r Q C) L_ LL 0 N 4M V Ln 0 In cl oci ,-- ,-- ooZZ L r CO et co �t � ES UOIJOGS asuodsaa w +_+ 1J'1 O M co d ti p Q OSLZL rn r m N N m Z S uai;oas Alales N ai Ln w Ln O N (D N co OQ LZ L neain8 CCL w LO 't m 't Ln` r �- N LS uoiIuanaJd aJi3 `D N lD I- O o V' 0) Ln Q) Ln N rn m m I � ti m � N cNp o m OSOZ l 6uiuuBld o LO Ln os 12 uoijejjslulwpy co C\j s.iagwnN Ln o Ln o Ln Ln o Ln o Ln Ln o Ln in 0 0 Ln w N o Or N N O r N N M 0- 'T Ln J` N N N w ;Un000V r r r N N d v 't d- � [f st d f �r -,I- CL yy z-r _ C Ln jLn En w 0 cu c C d v u �; +� pi moo'', w cc � O Q' cn O' O! O- F- U LI); O C� v+�i d� o 51 m Statistical Summary Board of Fire Commissioner Report 09/14/04 .:There are 18,622 records in the Incidents Table. Between Thursday, January 1, 2004 and Friday, �ptember 10, 2004 there were 2,727 incidents. Currently there are an average of 10.74 incidents per uay. Average response time for the department is 4.37 minutes. The average duration of an incident is 20.47 minutes. Incidents by Hour of the Day 160 140 0 Runs 120 100 80 — - so 40 - 20 0 N CO O LO rr � T O N CO O O O O O Q O O O v N N Incidents by Day of the Week 400 ] Runs 350 , 300 . 250 200 v° z t 150 10050 _ � k SUN MON TUE W® THU FRI SAT Dollar Loss by Hour of the Day 120000 100000 _- �--- ----� � LOSS 80000 - 60000 40000 p ODA 20000 -----==M=LL #� f--f - O N C� d X17 CD I� W O O r N LD N N N N O O O O O O O r rT - r - r - - O O O O Statistical Summary Board of Fire Commissioner Report 09/14/04 There are 18,622 records in the Incidents Table. Between Thursday, January 1, 2004 and Friday, �. September 10, 2004 there were 2,727 incidents. Currently there are an average of 10.74 incidents p day. Average response time for the department is 4.37 minutes. The average duration of an incident is 20.47 minutes. Dollar Loss by Day of the Week 120000 0 Loss 100000 80000 60000 y� 40000 20000 i .4 x ¢ a x rr 0 i F I SUN MON TUE WED THU FRI SAT Incidents by First Responding Unit 1000 z� 0 Runs 800 600 400 200 C)) LO CO CO CY) d' N V Cfl CO N M LO d' O O O CO O Cl) CO O O It p C*) It 'T (7) O U) Q) m M C) O) O O O CD CA C) O) Average Response Time by Unit 15 — ❑ Min. 10 Ej 0 iR 6) Lr) CO (0 CO d' N 'c9' CO CO N G) LO � O C5 O CO O U) CO O O v O M m 0) rn w M M M M M w 0 rn 0 rn rn _I Ithaca Fire Department Printed: '09 :28:47 Bunker Duty Hours Report 09/09/04 Hours Name Badge Credit Off Sick Family Available CP.?"-,TRY JOEL 04539 1306 . 00 1258 . 5 . 00 . 00 47.50 COL-INS MICHAEL 04477 1672 .25 1500 . 0 52 . 00 28. 00 92 .25 COOK , ROBERT 04585 14 . 00 6. 17 . 00 . 00 7. 83 DAUPLAISE , DANIEL 04586 11 . 00 . 00 . 00 . 00 11 . 00 DEGANY OPHIR 04587 32 .00 14 . 00 . 00 . 00 18 . 00 GOLDEN DANIEL 04578 417.00 362 . 00 7 . 00 . 00 48 . 00 GRANT JOSHUA 04588 20 . 00 .00 . 00 . 00 20 .00 HOWE CRAIG , 04589 42 . 00 .00 . 00 . 00 42 .00 KARIUS , BRANDON 04591 . 00 . 00 . 00 . 00 . 00 SAUL , JOSHUA 04593 42 . 00 .00 . 00 . 00 42 ,00 SCHLEIERMACHER , JOHN- 04594 42 . 00 . 00 . 00 . 00 42 :00 SCHNURLE , BENJAMIN 04582 806 .10 789.50 21 . 00 . 00 -4 .40 VANN , JUSTIN 04595 6 . 00 . 00 . 00 . 00 6 . 00 WALLENSTEIN , DANIEL 04590 .00 . 00 . 00 . 00 . 00 YAM PHILIP 04596 35 . 00 .00 . 00 . 00 35 .00 YOU HYEONGSEOG (ALEX) .04575 415 .50 408 .50 . 00 . 00 7.00 Ithaca Fire Department Printed: 16 :30 :33 Report Period BFF Duty Hours List 09/10/04 Date Start: 01/01/04 Date End 09/10/04 Name Badge Credit BE. SUSAN 04190 217 .00 CAN-s-ONE FRANK 04413 96.50 GILLIGAN WILLIAM 04188 64 . 00 JESSEL MATTHEW 04556 136.50 JUPITER KEN 04362 120 .00 KELLER RICHARD 04496 790 . 80 KILGORE CARL 04574 327 . 00 MAAS , DANIEL 04193 140 .30 Ithaca Volunteer FireFighter Unit Ithaca Fire Department Central Fire Station 310 West Green Street Ithaca,New York 14850 September 11, 2004 Honorable Carolyn Peterson,Mayor &Ithaca Common Council Ithaca City Hall 108 East Green Street Ithaca,NewYork 14850 Dear Mayor Peterson and Members of the Ithaca Common Council: We are writing to you in support of the bunker and volunteer programs of the Ithaca Fire Department. We write as both the leadership of the IFD Volunteer Fire fighter Unit (IVFU) and as citizens concerned with the well being of the department,the public's safety and the ever increasing tax burden. Chief Wilbur has eliminated these programs from his 2005 budget bequest. His stated reasons for this are twofold. The first is that resources to sustain these programs have not been provided for some time and that remaining staff is spread too thin to do the work involved. The second is that there is no longer a significant return on the investment in terms of the total number of interior certified volunteer and bunker fire fighters. We would counter that little or no recruitment effort has been made in several years due to staff cuts and no classes have been held to train new volunteers or bunkers. Therefore the total number of interior certified volunteer and bunker fire fighters has decreased through attrition. We would point out that in the last 3 years we've had over 60 inquiries into either the volunteer or bunker programs. Unfortunately, because we were not able to tell these individuals when they could be trained, we lost the potential of having many of them join the department. As active volunteers in the IFD, a combination department of paid and volunteer fire fighters, we believe that this is shortsighted. It would be a disservice to our community to not carefully and thoughtfully review these programs that have served and protected the community for over 180 years. We believe that this decision is in error for the following reasons: Bunkers and volunteers add crucial manpower at emergency incidents when manpower is most needed. There are typically a minimum of 4 to 8 volunteer/bunkers who respond to manpower calls(manpower calls are those situations when many people are needed to adequately respond to such emergencies as actual or probable fires, rope rescues or when the department is especially stressed due to multiple calls). In addition to providing manpower at emergency incidents, bunkers and volunteers, have logged between 15,000 and 20,000 of in station standby hours annually over the last 4 years. This is the equivalent of 8-10 additional paid positions in the department. The bunker and volunteer programs are the only ways available to mitigate the shortage of career fire fighters. It is widely understood that there will not be any new funding for additional career fire fighters in the near future. This is especially so given the fact that five career hires are needed to fill one position on a 24/7 basis. Hiring those 5 career fire fighters to fill that one position would come at a first year cost of approximately$225,000. This cost would double over a five year period. It is also worth understanding that, according to NFPA, the desired number of new career fire fighters for "full staring" is 30, or over$1,300,000 annually. In contrast, a bunker class is run at a cost of approximately $25,000. A class typically adds 8 to 10 people for 2 to 3 years of service. Each bunker provides between 1000 and 1250 hours of fire service per year depending on their contract. The bunker and volunteer programs have been a recruitment tool for the career side of the department. In the last group of newly hired, paid fire fighters 3 out of 4 had been bunkers or volunteers in the department prior to their hiring. Drawing from a pool of bunkers and volunteers allows the department to have a better sense of career candidates prior to the application and interview process; it results in hiring a better employee. The bunker and volunteer programs can provide a powerful tool, if used properly, for diversifying the department. Currently the IFD is Caucasian and primarily male. With no volunteer or bunker programs, IFD will be forced to call in outside departments far more frequently, leaving surrounding communities increasingly exposed to emergencies in their own districts. We believe that a bunker class should be recruited and run each year and that volunteers should be recruited and trained through the County's training program(something we were well on our way to doing in talks with Chief Wilbur). We also believe that a part time coordinator should be added to facilitate the bunker and volunteer programs. An individual to facilitate continuity in the programs is essential and whose absence has been the one thing that has allowed the programs to deteriorate to the point of dissolution. These programs have existed for over 180 years and will not return once eliminated. Without the volunteer/bunker programs our citizens will face the prospect of a community more at risk, more exposed to loss of life and property. Furthermore we will eventually face a much larger tax burden as government, perhaps tragically, realizes that there are too few people to provide this essential service that prevents the loss of life and property. We will be glad to meet with you to provide more details, answer your questions and hear your perspectives. Sincerely, Ken Jupiter, IVFU Bill Gilligan, IVFU Cc: Ithaca Board of Fire Commissioners Chief Brian Wilbur, IFD Town of Ithaca Board ,�lllage CAYUGA HEIGHTS FIRE DEPARTMENT ]9 55 . 194 Pleasant Grove Road Ithaca, NY 14850 (607) 257-2377 p SEP 2 0 2004 September 17, 2004 1 ATTEST_-.._ tNN Honorable Walter Lynn, Mayor lTHACA T Board of Trustees Village of Cayuga Heights Monthly Report—August,2004 The month of August started out slow but picked up about half way through. We ended up running 38 calls for the month. We had 21 calls in the village, 13 calls in the town and we went mutual aid to Ithaca once and Lansing three times. All of our members have retuned from their summer vacations and we are busy at the station again. It's nice to have everybody back. We are prepared for our Fall 2004 recruit class to start. We have 14 enrolled for the class and training started on September l I`h at the fire station. We are very pleased with the makeup of this class. Three of the incoming recruits have several years of experience with other departments and already have most of the classes that we require. We also have one woman who has expressed interest in being our scene photographer. Assistant Chief Marshall Stocker visited Kendal at Ithaca last month and gave an excellent fire safety lecture to the residents. He covered the topics of fire safety and slips and fall prevention. The lecture was excellent and the residents were very pleased with the talk. The staff at Kendal had just finished a week long session with fire safety consultants. We have developed a very good working relationship with the staff at Kendal. The Tompkins County Fire Chiefs Association has been working for several years now to better relations between the county fire departments to improve the quality of service we provide to the residents of the area. Two of the major changes that have been implemented recently are the FAST Team support for the Town of Dryden, and more recently, our department has been placed on first alarm mutual aid for Varna for structure fires on the Hanshaw Road side of Varna. This is a major change for the county and shows that the Cayuga Heights Fire Department is recognized as a department that others can count on. I am very happy with this change. sem., "HELP PREVENT FIRES" The date for the fire department open house is October 24th from noon until 4 p.m.. Firefighter Lindsay Russell is the chair for this in 2004 and is working hard to put together a_great,-opax--home. We have been in contact with local fire, EMS and law enforcement agencies to make this year as nice as the last several. We have high hopes and invite all to"attend: We heid our Tunnel to the Towers pancake breakfast last weekend and it was a great success. Our members pot together a wonderful event. We fed approximately 250 people iri four Hours and-everybody seemed to enjoy themselves. Those who seemed to have the 'most fun were the children. They climbed allover the fire trucks and tried on the fire gear all morning. It was a very nice time. Our Tunnel to the Towers team is ready for the run. We are staying with former chief Jon Pique for the weekend. The bunker rooms are full at this time and the station is in great shape. We had a water problem in the elevator shaft but we had a sump pump installed and now there is no water problem. It was discovered the reason the fountain in front of the station was not working was a hole in the pool under the garden. Several of our members removed the pool from under the fountain and repaired the leak and now the fountain is in good working order. Sincere, , eo ge Tamborelle Fire Chief/Fire Superintendent EMERGENCY CALLS: TOTAL CALLS YEAR TO DATE: 270 �-* Total Calls - 38 Fire Calls- 20 EMS Calls - 14 Total Mutual Aid-4 Lansing-3 Ithaca- 1 Calls in the Village- 21 Calls in the Town - 13 TRAINING/MEETINGS /EVENTS: 8119 - Fire Safety Meeting - Kendal at Ithaca 8121 - EMS Training - Patient Assessment 8131 - Engine Ops and Hoseline Drills 9111 - Recruit Training Class 1 9112 - Pancake Breakfast 9115 - EMS Training UPCOMING EVENTS: 9125 - Burn Tower Training 9126 - Tunnel to the Towers Run 9130 -Alarm Systems Training 1012 - Recruit Training Class 2 APPARATUS: All trucks are working;well. STATION: Currently in the process of having areas of the station repainted. Placed sump pump in elevator shaft. Had furnace overflow valve piped to floor drain. It had been draining straight to floor. Fire Department:55002 Cayuga Heights Fire Department Companies:All Date Range:From 08/01/2004 to 08/3[!1004 Some/Code:All District:Alt Incident Hun Log SituationlFound:All Exclude Mutual Aids:No Exclude Exposures:No Number ncident#! Date Time Occupant Situation Found Attending 004-040235-00 08/01/2004 17:56 EMS call,excluding vehicle 4 See PCR#5-3014147 009-040236.00 08/02/2004 00:14 Vehicle accident with injuries 16 see per##5-3014148 TC FC dispatched for car vs deer w/airbag deployment_ AOS to find 93 Ford Taurus wagon with front end impact damage from impact with deer along with right side damage from guard rail impact. Patient was located on the shoulder talking to CHPD. Patient evaluated by Bangs. Care 1removed by wrecker. All units retumqjLm service. 004-040237-00 08/0212004 1129 EMS call,excluding vehicle 6 SEE PCR#5-3014149 004-040238-00 08/04/2004 12:50 EMS call,excluding vehicle 7 See PCR 5-3014150 004-040239-00 08/06/2004 14:07 Cover assignment,standby, 7 Responded to above location mutual aid for fire alarm. 2418 was already on scene investigating and reported no smoke or fire,unknown reason for activation,suspected wiring problem with pull box or heat detector. 203 arrived and stood by while alarm was reset. Lansing engine also arrived and stood by. Returned in service,2418 remained to investigate alarm system. Notified dispatch and CUEHS that the address listing for the complex needed to be updated to reflect Warren Drive,not Warren Road. 004-040240-00 08/09/2004 08:56ANW7 Stcam vapor,fog or dust 10 Dispatched for stem or smoke coming from roof. While enroutc,262 receives report from PD(124,Steinmetz)that steam was coming off roof due to evaporation. CHFD co!!i non-emergency to investigate and confirmed steam from sun on moist roof. Returned in service. 004-040241-00 08/10/2004 09:47 Smoke detector activation,no 10 Alarm activated from steam from shower. House mother reset system. Advised her that was not pennisable and took the key that she had for the alarm panel. System reset 004-040242-00 08/11/2004 04:26 MR Cover assignment,standby, 3 Toned out by TC Dispatch for an officer to contact them. 281 responded-told that Lansing had a fire alarm activation at the above location- no apparatus responded-about to tone CHFD out mutual aid when Lansing Duty chief called in-he was unable to respond so said to tone us out. Resident had called back to say that her neighbor took the detector down and thought it was just a low battery. Dispatch asked if we wanted a full response-281 declined and took FF Miroiu along to check the detector. AOS to find resident waiting for us-checked detector-and activated either due to age or low battery. Advised resident to get a new battery and try it and if that does not work,just a new detector_ CH units returned in service. 004-040243-00 08/13/1004 11:36 Gasoline or other flammable 8 93 olds brevada,leaking gas from last night... nothine to do-261 004-040244-00 08/13/2004 23:31 EMS call,excluding vehicle 7 See PCR#5-3014116 004-040245-00 08/14/1004 22:14 Cover assignment,standby, 12 Called mutual aid for structure fire in city. Stood by central fire station. 004-040246-00 08/16/2004 07:23 Cover assignment,standby, 10 Called MA to Lansing-cancelled before we left the station by Lansing 1142 004-040247-00 08/17/2004 11:35 Smoke detector activation,no 11 Called for an alarm activation. CHPD arrived on scene and reported that activation most likely due to workers. Investigation found no fire. Unable to reset system without codes. Contractors told if anything happens call us. System is supposed to be back on line this evening when they are done working and the lady with the codes comes to reactivate the system. 004-040248-00 08/18/2004 15:34 EMS call,excluding vehicle 4 See PCR#5-3014117 004-040249-00 08/18/2004 18:15 EMS call,excluding vehicle 15 see NYS PCR no.5-3014118 004040250-00 08/18/2004 19:30 Good intent call,other 1 Date: 09/17/2004 Page: 1 Time: 10:00 AM L?ncident# Date Time Address Occupant Situation Found Attending Called to Country Club for alarm. Cooks report grease in pan flared up and set off heat detector. interior crew found no smoke Or fire-no extension. All units cleared. Alarm panel had been reset before our arrival. EMS call,excluding vehicle 3 4-040251-00 08/22/2004 00:11 See PCR# 5-2393365 004-040252-00 08122/2004 07:54 EMS tail,excluding vehicle 11 See PCR#-5-2393366 004-040253-00 08/2212004 11:53 EMS call,excluding vehicle 9 See PCR#5-0458501 004-040254-00 08/22/2004 13:10 Water problem,other l l Water in basement caused by malfunctioning sump pump and/or dehumidifier. Advised occupant to call a plumber. 004-040255-00 0823/2004 19:02 Power line down 4 Toned out for officer to check on possible wires down call. 261 called to send crew in 242. Found cable TV wire hanging from pole across from 1013 Triphammer Rd. Wire was coiled up and secured to the telephone pole with caution tape. Attempted to contact resident at 1013 Triphammer with no response. Dispatch informed of the situation and 242 cleared the scene. 004-040256-00 08124/2004 08:48 EMS call,excluding vehicle�_J See PCR#5-0458502 004-040257-00 08/26/2004 18:47 EMS call,excluding vehicle l See PCR#5-0458503 004-040258-00 08/2712004 01:42 EMS sell,excluding vehicle 8 See PCR#5-0458504 3 004-040259-00 08/2712004 11:24 System malfirnction other Called directly by dispatch to investigate a trouble alarm at CH Elem. Arrived to find that custodians had already investigated,were unable to fix the problem and had already contacted maintenence. System showed a ground fault trouble alarm,no hazards,and reset was unsuccessful. 282 004-040260-00 08/28/2004 05:57 EMS call,excluding vehicle 6 See PCR#5-0458505 004-040261-00 08/29/2004 16:36 EMS call,excluding vehicle 9 See PCR#5-0458506 �._ --_. _ 8 X04-040262-00 08130/2004 07:52 Power line down Arrived on scene. Secured intersections to North and South to divert traffic. Checked house for damage. None showing Contacted NYSEG for assistance. Wire identified as Time Warner by NYSEG and CHPD. NYSEG crew removed wire from roadway. Scene cleared. Water problem other 8 004-040265-00 08/3012004 11:01 d water wing through the for a water 42 arrived on to CHFD crews were dispatched to 1408 Hansha l.2 to get the water removed-fin MikeoMiroiu advised resident et gt?venthe�t side of the residence.A sump pump was dropped off and hooked station a call when the pump was available.242 cleared the scene @ 11:29am. 8 004-040263-00 08/302004 11:06 mum inch problem,other CHFD was dispatched to 6 Muriel for a water detail®11:06.243 arrived on scene to find one inch of water in the basement No utilities were threatened CHFD crew dropped off and connected a sump pump,and connected home owner's pump at that location and advised house owner to give the station a call when the CHFD sump pump becomes available. 004-040264-00 08/30/2004 12:10 System malfunction,other 1 l Called by TCEC®12:10. 262 AOS and was informed by 2418 that there was no alarm in bldg,likely false due to wet phone lines. 202 cancelled enroute by 262. 0Alarm system sounded due to 14 04-}40266-00 08130/2004 14:27 Alarm activated by water dripping on head. System reset and put back online 23 004 040267-00 08/30/2004 1926 Cooking fire,confined to Alarm activated due to burnt food Residents attempted to cantle the fire Dept units responded to the call. Dispatch reported call back to identify burnt food on the stove as the cause. 263 did a walk around as first on scene,made contact with resident and identified the problem. all units returned in service and cleared the scene. 004-040268-00 08130/2004 20:04 me Alarm system sounded due to 22 Called for an alarm activation at Church of Jesus Christ-AOS to find alarm sounding-search of building found no cause for activation-alarm sounded and did not go to fire control-called in by person at church. System reset and returned in service. 22 004-040269-00 08/302004 20:24 Smoke scare,odor of smoke Direct call to station for an odor of smoke in the area of 412 Winston Ct. Crews aos-odor of smoke in area. Discovered fire alarm activation in apt 6,building 602. Crews entered and found light smoke condition due to burnt food. Crews ventilated-cleared scene-emits checked surrounding area-found no other smoke conditions or causes-returned in service. 9 004-040270-00 08131/2004 07:56 Water problem,other Dispatched for a water problem. AOS to find less than an inch of water in the basement located around two drains, Advised the resident that Date: 09/17/2004 Pa e: 2 Time: 10:00 A1VI I ncident# Date Time Address Occupant Situation Found Attend in,, there was not enough water to pump and it was probably entering into the basement through the drains due to the high water table. Suggested to wait a few days for the water table to drop and then mop the remaining water. Unit cleared from scene and returned in service. 004-040271-00 08/31/2004 13:34 Fire,other 15 Called to scene for fire on the roof of the school. UOA at scene found a lire had been sparked by electric motor igniting roofing glue. Fire extiguished by contractors POA with CO2 extinguisher. Contractors state electric was supposed to be deisconnteced by electrician but had not been done. Fire caused slight damage to roof decking. Decking removed while at scene and no extension found below decking. Cleared scene. 004-040272-00 08/3112004 23:25 MWWWW Alarm system sounded,no fire- 20 alarm system sounded while occupants in church. direct dialed 911 non emergency number as they have been having a problem with the system dialer. no hazards found,false malfunction. 282 263 to contact about nox box Total Incidents: 38 Date: 09/17/2004 Page: 3 Time: 10:00 AM. Fire Department:55002 Cayuga Heights Fire Department Companies:All Date Range:From 08/01/2004 to 08/31/2004 Box/Zone/Code:All District:All Incident Totals by Time of Day Situation Found:All Exclude Mutual Aids:No Exclude Exposures:No Time of Day Call Avg Count Attend 00:00 - 00:59 2 12.5 01:00 - 01:59 1 8.0 02:00 - 02:59 0 0.0 03:00 - 03:59 0 0.0 04:00- 04:59 1 3.0 05:00- 05:59 1 6.0 06:00 - 06:59 0 0.0 07:00 - 07:59 4 9.5 08:00 - 08:59 2 8.0 09:00 - 09:59 1 10.0 10:00- 10:59 0 0.0 11:00- 11:59 7 7.4 12:00 - 12:59 2 9.0 13:00 - 13:59 2 13.5 14:00 - 14:59 j 2 10.5 15:00 - 15:59 1 4.0 16:00- 16:599 1 9.0 17:00- 17:59 1 10.0 18:00- 18:59 2 17.0 19:00- 19:59 3 14.0 20:00- 20:59 2 22.0 21:00 -21:59 0 0.0 22:00-22:59 1 12.0 23:00- 23:59 2 13.5 Date: 09/0-5/2004 Page: 1 Time: 6:34 PM a to In M 1"R 00 O v O N � � c-} �. •n ,-� �n ra o O c b0 ei ti 9 in in 2 o q _ k u � st W I r� L4 " ' Cr �Md n 0 Q A III 1 I ci k YV yy tn A � O Ic kro IT v CD M 0 NN N N N N N N o U 00 00 O O a a M a l^ a c u 0 U q n°7 q �. YI k w .r U r CC CIci { u z N a � GN 0 ci e� A Fire Department:55002 Cayuga Heights Fire Department Companies:All Date Range:From 08/01/2004 to 08/31/2004 Box/Zone/Code:All District:All Incident Reponse Performance Analysis Situation Found:All Exclude Mutual Aids:No Exclude Exposures:No Response Time Response Time (Minutes) Number of Incidents Totals Additional 0- 1 4 Longest Time: 14.0 2-3 ! 22 Incident#: 040263 4-5 >4kq" "i� 7 a`>>a'r Average Time: 3.4 6-7 3 8-9 0 X10 2 Apparatus Travel Time Travel Time (Minutes) Number of Incidents Totals Additional 0-4 31 Longest Time: 13.0 5-9 6 Incident#: 040245 10-14 1 Average Time: 3.4 15- 19 0 20-24 0 >25. 0 Incident Length Incident Length (Minutes) Number of Incidents Totals Additional 0-29 _ 36 Longest Time: 49.0 30 -59 '— Incident#: 040262 60-89 p 90-119 0 Average Time: 14.6 120- 149 0 >150 0 Date: 9/05/2004 Page: 1 Time: 6:35 PM USDA Rura'�� Development United States Department of Agriculture Rural Development Syracuse, NY September 20, 2004 fl Town of Ithaca 1 i Catherine Valentino, Supervisor SEP 2 �� 215 N. Tioga Street Ithaca, New York 14850 ATTEST ITFiACA TOWN.CES EqK SUBJECT: Affordable Housing for Rural America Dear Ms. Valentino: Thank you for the opportunity to meet with you and John Kanter on August 3, 2004 to discuss the Housing Program(s) that USDA, Rural Development offers to assist families in your community. I look forward to working with you in the future to develop ways to spread this information regarding the availability of affordable housing to eligible families. If I can be of further assistance or you would like to set up an informational meeting within your community, please don't hesitate to contact me. Sincerely, � 1 DONNA P. COLLINS Rural Development Specialist 903 Hanshaw Road, Ithaca, New York 14850 Telephone: (607) 257-2737, Ext.#4• Fax: (607)257-4802•TDD: (315)477-6447 Web:http://www.rurdev.usda.gov/ny•Email: rdithaca@ny.usda.gov Committed to the future of rural communities. USDA Rural Development is an equal opportunity lender, provider, and employer. To file a complaint of discrimination, write: USDA, Director, Office of Civil Rights, Washington, D. C.20250-9410, or call (202)720-5964(voice or TDD) CITY OF ITHACA V= lt 318 North Albany Street Ithaca, New York 14850 i GREATER ITI fACA ACTIVITIES CENTER A�AAT�O Telephone: 607/272-3622 Fax: 607/272-0250 J D Sept. 23 2004 0, Dear Friends, The Ithaca Town Board is currently considering whether to provide f%iii burseinent to the City of Ithaca for thy; seniors. who reside-'til the TOwn of Ithaca and participate in the G.I.A.C. Senior program. If the Town Board does provide us with some funding it will certainly help us meet our fundraising goal of$16,000. I have enclosed the names and contact information for Town Board members and Cathy Valentino. If you could contact one or more people on the list and express your desire to see the Town of Ithaca provide funding to the City, it may help influence Board o„, members' decision. Last year when many of the seniors lobbied the City of Ithaca not to cut the G.I.A.C. seniors program, the letters, phone calls and appearances before Council made a big impact on city of Ithaca council members. The budget meeting in which the funding issue will be discussed is Thursday, Oct.7 at 5:30 p.m. Contacting Town Officials should happen between now and the board meeting. For those interested in attending the meeting, it will take place at the Town Hall on Tioga St. If enough people express interest in attending but need a ride we will offer transportation. As a means to verify addresses of seniors who participate with us and live in the Town of Ithaca, Town officials have asked G.I.A.C. for a list of names and addresses. If you do not wish to have your name and address given over to Town officials please notify me at G.I.A.C., 272-3622, by Tuesday Sept.28. Thank you for your help. If the Town Of Ithaca does help out with funding the G.I.A.C. Seniors Program it will go a long way in financially stabilizing our program. I hope to see you soon. Sincerely, Tom Stern "An Equal Opportunity Employer with a commitment to workforce diversification." �a e� September 27 , 2004 The Hoborable Sandra Gittelman 109 Tudor Road Ithaca , New York Dear Ms . Gittelman, I am a participant in the activites provided by the Greater Ithaca Activities Center (GIAC ) and am deeply grateful for the services and caring person- nel . Like many of my friends , some well over 65 , transportation to concerts , plays , musicals , parks , and din= ners would be an impossibility were it not for GIAC . With GIAC , I feel part of the community as I meet other seniors from all areas of Ithaca . Please help with funding our goal of $ 16 , 000 at your budget meeting . Thank you . erely, �(A ZeJt f e/ C� Ms. Priscilla Schneeberg 1-17 Burlcigli Dr. Ithaca,NY 14850 NEW YORK STATE 'SENATE ALBANY,NEW YORK 12247 September 2$, 2004 The Honorable Catherine Valentino Town Supervisor .JAMES L. SEWARD 215 North Tioga Street �,<r SENATOR 51ST DISTRICT Ithaca, New York 14850-4357 j' OCT 4 ` ROOM 917 LEGISLATIVE OFFICE BLDG. tt ALBANY, N.Y. 12247 —� I (518)455-3131 DESTRICT OFFICE Dear Ms. Valentino: - rN --- 41 SOUTH MAIN ST. ONEONTA. N.Y. 13820 (607)432-5524 CHAIRMAN SPECIAL BULLETIN: TRAFFIC FINE REPEAT, COMMITTEE ON INSURANCE E-MAIL:SEWARDQSENATE.SFATE.NY.US WVB_ www-seovarjimseward.com When the governor submitted his budget to the legislature this year, he included a provision that all speeding ticket fines be based on the original state offense, whether the violator pleaded it down to a final, lesser offense. The effect would be a reduction in revenue to local governments that is critical to funding local justice courts . The provision was included in the final state budget as we sought to restore funding cuts in various programs, increase aid to education, transportation, health and economic development programs , and avert a host of other proposed taxes and fees . Since then, I have heard from local officials that the loss of revenue caused by this change would be significant and would directly affect town, village and city budgets and taxes. That' s why I signed onto legislation (Senate bill 7757) that would repeal this provision in the budget and return the fines to the communities as provided for under the law previously. The legislation will be approved by the Senate next month when we return to the capital , and with the Assembly' s action, we hope to see the change enacted into law to restore the funding to towns , villages and cities. The governor will have the final say on the bill, but I am optimistic that we can secure an agreement that will protect local governments reliant on the revenue. over - fNt'S c",FE�v�:.FD Pr, Lia I appreciate hearing from the local officials who have advised me of the budget' s impact on local finances. We preserved revenue sharing (per capita aid) , CHIPS funding and other programs of significance to local governments, and it ' s certainly not my view that we should preserve funding on one hand and dip into town or village treasuries with the other. Sincerely, 2L.- ES L. SEWARD State Senator JLS:cm Go/ Ox son, uJ llstd � 6- l t�rvv/ GcJ`� d4- IJ y�- Cordell UniversitN' Telephone:607 7-54-1661 307 East Palm Road Fax:60727-1-1699 Ithaca,NY 14850 tiro Grounds Department � :OCT 1 ++ October 11, 2004 f ATTEST Honorable Catherine Valentino ITHACA TOWN CLEgK Supervisor/ Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 RE: Appreciation for Caldwell Road Repairs Dear Ms, Valentino, I would like to express my heartfelt thanks to you and your colleagues at the Town of Ithaca for the wonderful pavement safety improvements you completed on the curved and hilly section of Caldwell Road in August 2004. This fine roadway upgrade-- including its extensive drainage improvements, increased paved shoulder width, pavement headlight reflectors, and artistic stone retaining wall-- greatly adds to the quality of this important community route and to the safety of our pedestrians and area commuters, I am confident that this mayor improvement will be especially appreciated during inclement winter weather, and markedly reduce the future potential for accidents. I personally understand the many challenges and deluge of service requests that public servants face on a recurring basis, and am very appreciative for the professionalism and timeliness of your response to my letter of November 2002 regarding my safety concerns on this section of roadway. Sincerely, Dennis B. Osika Director Cc: S. Campbell P. Cox J. Gutenberger D. Walker F. Noteboom W. Wendt �-�°�I CITY OF ITHACA �~;•' s� 1 James L. Gibbs Drive Ithaca, New York 14850 A goat YO117`H BUREAU �....� __ � Telephone: 607!273-8364 Fax: 607!273!2817 f,:..�--- }J OCT 13 2114 October 12, 2004 i f ATTEST _ Ms. Catherine Valentino Ir �GATnwN CtEgK Supervisor—Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 Dear Cathy, I hope all is well. Enclosed is the Waterfront Parks and Recreation Facilities proposal for 2005. 1 have also included the season pass list (Town of Ithaca)from the 2004 pool season at Cass Park. Please let me know if you have any questions and enjoy the fall foliage. Sincerely, J Allen Green Director "An Equal Opportunity tintployer with a commitment to workforce diversification." �� �-Mk- C161, CITY OF ITHACA .A 1 James L. Gibbs Drive Ithaca, New York 14850 . jn YOUTH BUREAU SAT telephone. 607/273-8364 Fax. 607/273/2817 �j Waterfront Parks and Recreation Facilities Proposal October 12, 2004 r C) We are very fortunate to have two spectacular waterfront parks that are open and accessible to the 3- community. For a lot of folks, Cass and Stewart Parks are on the short list of best things about Ithaca. Some communities are not fortunate enough to have a beautiful waterfront, or the waterfront may not be accessible. In other communities, the waterfront may be privately owned or designated for industrial or commercial use. In some places only the wealthy have good access. Here in Ithaca the parks contribute in a major way to our quality of life and almost everyone that lives here or visits here uses one or the other from time to time. Cass Park is a 94 acre complex with an ice rink, Olympic-sized swimming pool, kiddie pool, tennis courts, 21 playing fields, playgrounds, a fitness trail, the Cayuga Waterfront Trail, Parking lots to accommodate 700 vehicles, boat rentals, a natural growth area, picnic pavilion, children's garden, storage, rest rooms and �►, maintenance buildings. Stewart Park is a 60 acre park with picnic areas, a large enclosed pavilion, a smaller open pavilion, a carousel, a playground, lagoon areas, bird sanctuary, storage and maintenance buildings, rest rooms, tennis courts, playing fields, kiddie water spray area and playing fields. The park serves as the Sunday venue for the Ithaca Festival each year and as the venue for numerous other events: weddings, graduation parties, company picnics, Puds Run, and a wide variety of community gatherings. It is also the home of the historic Cascadilla Boat House, headquarters of the Cascadilla Boat Club. This is where Ithaca's own Caryn Davies, a 2004 Olympic medalist with the US Women's Rowing Team,first had an opportunity to learn the sport. David Whitmore's recent guest column did a good job of outlining some of the issues that we hope to address with respect to these parks. We have previously submitted some data about who uses these parks. This data provides a good general overview, but we have proposed that the city invest in a new recreation management software system that will enable us to be more precise about exactly who uses the parks and facilities. We have good solid data about who uses Recreation Partnership programs. The data is less complete as far as general admission to the pool, rink, use of the fields and other park amenities. We will address those of the Request for Proposal (IFP) categories that seem relevant to the parks and facilities. 1) Session Dates and Times Rink: 10/24- 3113; Pool: 6/17 — 8115 (2004); Fields, trail, picnic areas, etc — year-round P(75fG� 2) What age group will be served? All ages 3) What equipment is needed? Varies, based on the activity. "An Equal Opportunity Employer with a commitment ui workforce diversification." ��,� 4) Are scholarships available? Yes. We offer scholarships for season passes and swim lessons. In 2003 the total was $1,396. 5) What are the goals of the program? We would like to see these parks continue to be open and accessible to residents and visitors and hope to be able to avoid implementing a resident/non resident fee structure by developing a shared base of financial support. 6) Is there a facilities trade agreement? Yes, we have an informal barter agreement with the Ithaca City School District that has existed for about 25 years. We trade the use of our facilities at no cost to the other party. The IYB (Ithaca Youth Bureau) provides ice time at the rink, Cass Pool, use of ball fields, pavilions, room usage at the IYB building, etc,The ICSD (Ithaca City School District) provides gymnasium space, use of the THS pool,fields, track, tennis courts, etc. The estimated value of the trade was about$20,000 when last reviewed. 7) Enrollment/Admissions Rink—30,042 (2003-2004); Pool -15,856 (2004-preliminary); Waterfront Parks Overall —Over 500,000 visitors annually. "N r ' 8) Budget Total Facilities Costs—Summary --2005 Projected Cass Park—Net Operating Costs 344,991 •�Stewart Park—Net Operating Costs 128,755 IYB Building O& M 76,490 Existing Annual Average Capital Costs IYB Building 70,427 Cass Park 48,188 Stewart Park 25,997 Total 694,848 We had Thomas Associates do a facilities appraisal in 2002. They provided a range of options re: future capital spending needs for Cass Park. The low estimate was about 74,000. The Grand Total (including an estimate of future Capital Spending for Cass Park) would be about$770,000. We have provided additional detail regarding these costs to Town of Ithaca representatives to the RP and would be glad to provide this to other Town Board members as well. 9) Funding request In previous meetings about these parks we did present some cost sharing scenarios for discussion purposes. One of these painted a picture that involved the City of Ithaca paying 50% of the total and the Town of Ithaca and Tompkins County each paying 25% of the total. If we do not include future capital spending and deduct the RP's facilities charge of$51,870,the total projected cost is $642,978. A 25% w4a 44. While we await the decisions of the joint Town-City group exploring facility " costs, we recognize the need for compromise. In this vein, we are requesting $100,000 for a 2005 contribution. Thank you. ALL.;. ) C CAYUGA HEIGHTS FIRE DEPARTMENT 194 Pleasant Grove Road 19 55 Ithaca, NY 14850 (607) 257-2377 R 0 1 October 12, 2004 OCT 1 3 2004 Honorable Walter Lynn, Mayor !Tq-A—CA 70%w;cj rtw Board of Trustees Village of Cayuga Heights Monthly Report—September, 2004 September was an incredibly busy month. The fire department responded to 59 alarms for the month. We had 30 calls in the village, 25 calls in the town and went mutual aid 4 times. There were several calls of note for the month. On September 3rdweresponded to a possible fire at 128 Sapsucker Woods Road that turned out to be a stove fire caused by a leaking flex hose on the back of the stove. Several charred cabinets and an application of a small amount of water kept the situation in check. We responded to a mutual aid call to the HSBC bank on Triphammer Road in Lansing for a chemical odor. We arrived to find several employees complaining of nausea and headaches. We evacuated the bank and investigated with our gas detector. We concluded that the odor was caused, possibly by, cleaning materials. Our members are responding well, We averaged 13 members per call for the month. The residents of our fire district are being provided with excellent service from a fine group of volunteers. Our fall recruit class is in full swing at this point. We have 14 new members in the class. These folks are motivated and already working on fulfilling their state class requirements. We also just had a truck rodeo last weekend and certified five members as drivers. These five have met our requirements of Emergency Vehicle Operators Course and the New York State Pump Operators course as well as our in house program that requires many hours of truck driving and pumping prior to being allowed to go through the rodeo. We had our Fire Prevention Week school demos on October 4th and 5h for the Northeast Elementary School and on October 22"d will host the Cayuga Heights Elementary School at the fire station for a fire prevention demo. We continue to enjoy passing the word to children and I am a firm believer that rnnX years of active fire prevention work has led to less fires in the home. On October 24 we will have our annual Open House. We already have many county emergency agencies expressing interest in attending and setting up demonstrations. "HELP PREVENT FIRES" The Tunnel to the Towers Benefit in New York City was a wonderful event. The entire weekend was very emotional for all who attended. Over 7,000 runners participated in the event. Standing in the Brooklyn Battery Tunnel holding a banner with the name and face of one of our fallen brothers with Jon Pique standing beside me was very emotional. Our team did well and everybody finished the race. The fire station is in fine shape at this time. Les Goehner and his crew are continuing to paint the station one area at a time. It looks great. The fire company at the last monthly meeting voted to set aside $5,000 for station beutification, Firefighter Whitney Burnstein is heading up a committee to find pictures for the walls and we will be getting a trophy case for the front hallway. We decided the station needed to be spruced up a bit and Whitney is doing a great job with this project. As you can see we are extremely busy here at the fire department. The calls never stop rolling in ad training is still our highest priority. Our members are, well trained and extremely motivated. I don't think there is a better group of volunteers in this county. You can be proud of these young men and women. Sincerely, Ge ge Tamborelle Fire Chief/Fire Superintendent EMERGENCY CALLS: TOTAL CALLS YEAR TO DATE: 329 Total Calls — 59 Fire Calls— 30 EMS Calls - 25 Total Mutual Aid—4 Lansing— I Ithaca—3 Calls in the Village— 30 Calls in the Town — 25 TRAINING / MEETINGS /EVENTS: 9125 — Burn Tower Training 9125 — Tunnel to the Towers Run 9130 — Alarm Systems Training 1012 — Recruit Training Class 2 1013 — Truck Rodeo 1014&5 — Northeast Elem. Fire Prevention Demo 1013 — Company Meeting 1015 — Fire Training UPCOMING EVENTS: 10113 — Fire Training — Road Rally 10122 — Cayuga Heights Elementary at the Fire Station 10123 -- Recruit Class 3 — Burn Tower 10/24 — Open House 10128 — EMS Training 1112 — Fire Training 1119 — Fire Training 11/13 — Recruit Training Class 4 APPARATUS: All trucks are working well. STATION: Currently in the process of having areas of the station repainted. Starting our station beatification project. Fire Department.-55002 Cayuga Heights Fire Department Companies:All Date Range:From 09/01/2004 to 09/30/2004 Box/Zone/Code:All District:All Incident Run Lou Situation Found-All Exclude Mutual Aids:No Exclude Exposures:No Number ncident# Date Time Address Occupant Situation Found Attending 004-040273-00 09/01/2004 09:52 EMS call,excluding vehicle 8 Dispatched by 911 for a Chest Pain call. Bangs was en route as it was a direct call to the bangs dispatcher who notified 911 center for first response assistance. bangs was on scene when they realized that they would be all set with help. they cancled us en route. see PCR#0458507. 004-040274-00 09/01/2004 15:18 9 01MW Alarm system sounded,no fire- 8 resident activated firelpanic button on departure of house. she refused the fire department to look around saying that she had already looked around. all units cleared. 004-040275.00 09/03/2004 14:48 Fire,other 13 262 checked enroute and confirmed IFD was responding mutual aid. 262 arrived on scene with nothing showing. Met with Verizon employees who were working in another apartment at this location. They repotted a smell of smoke and a smoke detector going off in the back basement apartment_ 262 investigated and found a smoke haze and odor. 202 arrived and deployed a handline to the apartment while they investigated. 203 arrived and connected 202 to hydrant between incident address and Hanshaw. IFD arrived and assisted with operations,also acted as 2in/2out/FAST team. Smoke and small flames were found coming from the stove area,extending to cabinets in kitchen. Interior crew knocked down fire and started overhaul. 1FD shut off gas to house and assisted with overhaul and investigation but were released once fire was knocked down and scene was safe. NYSEG notified.262 made contact with owner and maintenance person. For investigation details,see investigation report pertaining to this incident Scene was released to maintenance person after investigation was complete. 004-040276-00 09/03/2004 17:04 Rescue,emergency medical call 19 004-040277-00 09/04/2004 13:25 EMS call,excluding vehicle 7 See FCR#5-0458509 004-040278-00 09/04/2004 22;32 _ EMS call,excluding vehicle 6 SEE PCR#5-0458510 004-040279-00 09/05/2004 07:16 Unintentional transmission of 9 Dispatched for audible alarm sounding. UOA at scene found alarm system malfunction, Reset alarm, 004-040280-00 09/05/2004 21;49 Rescue,emergency medical call I' See PCR#5-0458511 004-040281-00 09/06/2004 09:27 EMS call,excluding vehicle 12 See PCR#:5-0458512 004-040282-00 09/06/2004 10:00 Overheated motor 3 TC 911.requested chief to investigate burnt washing machine motor. 264 assembled crew and responded priority 2 with engine 202 to 104 warwick place. Burnt mechanical/electrical smell discovered. Washing machine was full of water. Resident had unplugged machine prior to our arrival. Resident states she saw smoke coming from washing machine. TIC camera found no extension. Resident urgred to have machine replaced or serviced. Resident also stated she had a fuse blow on prior evening immediately after light fixture work by electrician. No evidence of wiring problems found,no blown fuses or bulbs. 004-040283-00 09/08/2004 21:58 Rescue,emergency medical call 20 See NYS PCR#5-0458513 004-040284-00 09/09/2004 22;19 — — -— -Coverassignment,standby, 16 Called to standy IFD central-cancelled in route. 004-040285-00 09/10/2004 06:29 Service Call,other 9 Dispatched to investigate an intermittent buzzing sound,unsure as to nature. Ourselves and PD were unable locate any buzzing sounds. House cleared,no fire hazard. All smoke detectors appeared to be functioning normall. -282 004-040286-00 09/10/2004 14:43 rGood intent call,other 14 Called for gas odor in the residence. Arrived to find odor of gas in the residence. Evacuated building and investigated. Found no reading on gas detector but contacted NYSEG. NYSEG AOS and informed us that they had been doing gas workless then 100 yards from house. They investigated further with no findings. Cleared scene 004-040287-00 09/10/2004 19:07 Rescue,emergency medical call 9 See PCR#5-0458514 004-040288-00 09/11/2004 09:41 Water problem,other 35 Called for water problem at a residence-aos to find basement filled with 1-2 inches of water throughout Crew set up electric pump. As soon as pump was operational,green dye began flowing up formthe drain in the floor. Owner states the Brain Drain was there earlier in the week and cleaned the drains and put dye in them. We determined that the water table was the most likely cause and water was obviolusly flowing in thru the drains as fast as we were pumping it Date: 10/07/2004 Page: 1 Time: 4:14 PM IIIDCY [ncident# Date Time Address Occupant Situation Found Attending out. Notified the homeowner to check into getting sump pumps or some other drainage system for the basement. 004-040289-00 09/11/2004 09:49 Alarm system sounded,no fire- 35 Called for alarm activation-caused by dust from cleaning in basement-returned in service. 104-040290-00 09/11/2004 10:05 Detector activation,no fire- 36 Called for alarm activation-system reset before arrival-no cause found. 004-040291-00 09/11/2004 11:36 System malfunction,other 28 Called for alarm activation-found panel showing water flow-nothing found on search-units returne in service. 004-040292-00 091[312004 02:52 EMS call,excluding vehicle 6 See PCR#5-0458515 004-040293-00 09/132004 11:04 IWW EMS call,excluding vehicle a Cancelled by Bangs-no driver available for 241 004-040294-00 09/132004 13:40 Rescue,emergency medical call 7 See NYS PCR#5-0458516 004-040295-00 09/14/2004 01:49 EMS call,excluding vehicle ) 004-040296-00 09/14/2004 12:21 Rescue,emergency medical call 6 004-040297-00 09/152004 09:58 Smoke detector activation.no 6 004-040298-00 09/152004 23:06 EMS call,excluding vehicle 14 004-040299-00 09/162004 01:05 __. Alarm system sounded due to ]1 004-040300-00 09/162004 11:06 EMS call,excluding vehicle 4 004-040301-00 09/162004 19:45 Cover assignment,standby, is See PCR#5-0458527 004-040302-00 09/172004 19:38 Alarm system sounded due to I 0 Cancelled by Bangs-no driver available for 241 See PCR#-5-0458528 004-040303-00 09/18/2004 06:43 Arcing,shorted electrical 14 004-040304-00 09/18/2004 21:44 ,� Water evacuation 4 04-040305-00 09/192004 10:15 Water evacuation 6 04-040306-00 09/19/2004 13:34 EMS call,excluding vehicle 31 004-040307-00 09/192004 17:01 Water evacuation 13 004-040308-00 09/202004 03:32 Medical assist,assist EMS crew 8 004-040309-00 09/20/2004 08:47 Ill False alarm or false call,other 12 004-040310-00 09/20/2004 16:24 CO detector activation due to 11 004-040311-00 09/202004 18:08 Jammu Rescue,emergency medical call 16 004-040312-00 09212004 23:39 Detector activation,no fire- 17 004-040313-00 0922/2004 13:24 Municipal alarm system, 14 004-040314-00 09/22/2004 19:17 Rescue,emergency medical call 8 004-040315-00 09/232004 13:06 nowMalicious,mischievous false 10 004-040316-00 09232004 13:06 Iwo Cooking fire,confncd to 13 004-040317-00 09/242004 16:19 Vehicle accident with injuries 23 004-040318-00 09242004 22:09 Cover assignment,standby, 23 004-040319-00 0926/2004 11:27 Alarm system sounded due to 13 004-040320-00 09/272004 02:15 Detector activation,no fire- 12 202 on scene,residents outside.2 teams went interior with 203 right behind us, smell of burnt popcorn on entry,panel shows first floor activation. no smoke no fire. completed first floor search,second interior team conducted further search while first interior team resent panel. reset received by dispatch,cayuga heights units returned to service. 004-040321-00 09/272004 10:22 Cover assignment,standby, 12 Dispatched by 911 center for mutual aid to lancing full response non emergency to the HSBC bank for a chemical odor. employees felt ill and bangs was on scene. arrived to scene and was assigned to go interior by Lansing command with gas detectors to find out if there were any dangerous levels of gas in the building. detectors came back with no increased levels. no employees were transported for medical care.and we were released by Lansing command 004-040322-00 09272004 17:43 Rescue,emergency medical call 15 See PCR#-5-0458518 )04.040323-00 09/282004 02:45 Rescue,emergency medical call 3 Date: 10/07/2004 Page: 2 Time: 4:14 PM ncident# Date Time Address Occupant Situation Found Attending See NYS PCR#5-0458520 004-040324-00 09/28/2004 02:57 EMS call,excluding vehicle 8 See NYS PCR#5-0458521 004-040325-00 09/29/2004 08:54 Cover assignment,standby, 1 203 Responding to standby at Ithaca Central Station. Cancelled enroute and returned in service 004-040326-00 09/29/2004 08:50 EMS call,excluding vehicle 12 See NYS PCR#5-2393375 004-040327-00 0912911.004 13:23 Cooking fire,confined to 11 Dispatched to a possible stove fire.arrived to find smoke coming from the front door. 262 was first on scene and talked to the residents. 262 informed command that the fire was out. interior crews confirmed that the fire was out and no extension was occuring. ventelation commenced,and once the smoke was cleared all units returned in service. 004-040328-00 09/30/2004 01:14 EMS call,excluding vehicle 11 See PCR#2393368 004-040329-00 09/30/2004 10:05 Gasoline or other flammable 13 Responded to Rte 13 South just above Stewart Park exit for 1-car MVA, Arrived on scene,1992 Nissan pickup GRAY NY plate 24092 JT w/ rear wheel hung up on right side guardrail. Bangs reported no patient injuries to driver or passenger and obtained signoffs.CHFD assisted with traffic control and fluid clean up. Notified dispatch that we were in IFD's district as a courtesy. See NYS PCR???for EMS report. 004-040330-00 09/30/2004 10:45 1111 EMS call,excluding vehicle 12 See PCR#5-2393369 004-040331-00 09130!2004 20:08 Detector activation,no fire- 24 Called for an alarm activation at the plantations service building. AOS and met with 2418 who confirmed activation due to dust-helped him replace the head and returned in service. Total Incidents: 59 Date: 10/07/2004 Page: 3 Time: 4:14 1'M Fire Department:55002 Cayuga Heights Fire Department Companies:All Date Range:From 09101/2004 to 09/30/2004 Box/Zone/Code:All District:All Incident Totals by Time of Day Situation Found:All Exclude Mutual Aids:No Exclude Exposures:No Time of Day Call Avg Count Attend 00:00 - 00:59 0 0.0 01:00 - 01:59 3 10.3 02:00 - 02:59 4 8.5 03:00 - 03:59 1 3.0 04:00 - 04:59 0 0.0 05:00 - 05:59 0 0.0 06:00 - 06:59 2 11.5 07:00 - 07:59 1 9.0 08:00 - 08:59 3 12.0 09:00 - 09:59 — � 5 19.2 10:00 - 10:59 - 6 13.7 11:00 - 11:59 4 12.3 12:00 - 12:59 1 6.0 13:00 - 13:59 7 10.9 14:00 - 14:59 2 8.5 15:00 - 15:59 1 8.0 16:00 - 16:59 ] 2 17.0 17:00 - 17:59 — — 3 15.7 18:00 - 18:59 1 16.0 19:00 - 19:59 4 13.5 20:00 -20:59 1 24.0 21:00 - 21:59 3 13.0 22:00 -22:59 3 15.0 23:00 -23:59 2 1.5.5 Date: 10/07/2004 Page: 1 Time: 4:15 PM Aa ^C � o � > w .. 4 � � M C O C o \J N V i '.� C 00 00 C �Oy CL d Z Z .. .. .. .. .. .. .. .. y c m o d N G U � � ' v as o 'fl � W W ISI W AA •r-TW' I� t� i b.A � y r > e .4 ^n L � C 9) �r+ A a GD Z! ^+ O �z to M OS M 4 O O 1�0 IV T O o ►n Q ^ ^ N N N t+] M M M o U o � d c a -1� z z r� �10 c u on N} M fV M M 7 N (ri V7 0 a s aj Un it v W W c r G G A � O n C'7 G I I P Q Fire Department:55002 Cayuga Heights Fire Department Companies:All Date Range:From 09/01/2004 to 09/30/2004 Box/Zone/Cade:All District:All Incident Reponse Performance Analysis Situation Found:All Exclude Mutual Aids:No Exclude Exposures:No Response Time Response Time (Minutes) Number of Incidents Totals Additional 0- 1 to Longest Time: 12.0 2-3 32 Incident#: 040304 4-5 � � 13 3 Average Time: 2.9 6- 7 - 8- 9 .] 1 > 10 .� 1 Apparatus Travel Time Travel Time (Minutes) Number of Incidents Totals Additional -- - 0-4 42 Longest Time: 13.0 5-9 15 Incident#: 040325 10-14 2 15- 19 0 Average Time: 3.6 20-24 0 >25 0 Incident Length incident Length (Minutes) Number of Incidents Totals Additional 0-29 _._. ..�._.___. 52 Longest Time: 115.0 30-59 5 Incident#: 040304 60-89 1 90- 119 r 1 Average Time: 16.5 120- 149 0 > 150 0 Date: 10/07/2004 Page: 1 Time: 4:16 PM TO: Common Council,the Mayor and the Town Board FROM: Board of Fire Commissioners Attached please find an additional budget proposal prepared by the Board of Fire Commissioners. After a careful review of the budgets proposed by the department and in keeping with the requirements set by the Mayor,we do not feel it adequately addresses the very dangerous issues that affect the Fire Department.As Homeland Defense issues become an ever increasing concern of our citizens,we respectfully urge the Common Council and the Mayor to adopt the optional budget included in Chief Wilbues budget submission along with our recommendation that 2 additional positions be added to his submission,namely a Department Training Officer and a Department Volunteer Coordinator.The unfortunate elimination of these positions have proven to have been an exercise in false economy, in our opinion.Our modern fire service has moved well beyond the sole purpose of the suppression of a"fire in progress". In addition we are requesting a strategic planning study to adequately assess the needs of the community and the fire department. The Fire Department is already stretched painfully thin due to increased call volume.The loss of the Training Officer position and the loss of the Volunteer Coordinator position are factors in the steady decline of the number of active volunteer fire fighters as well as keeping up with the increasing training requirements required of both career and Volunteer personnel. O•`N It is our opinion that the level of protection and services to the over 40,600 permanent residents in addition to our student population and commuters working and shopping in the 32.4 square mile protection area will be compromised without an agressive volunteer acquisition training and retention program and the funding necessary to keep the program viable and a Training Officer to handle the training needs of both career and volunteer fire fighters.Trained volunteers supplement our seriously strained career staff saving the taxpayers funds for other worthwhile community uses. The Ithaca Fire Department has four shifts of Fire Fighters and volunteers that provide 24 hours a day, 7 days a week protection to our 32.4 square mile community.There are four firehouses in the Department requiring,at a minimum, 11 people to meet all their responsibilities. If a second call comes in while the firefighters are already engaged— there could be serious delays in reaching that alarm. This will increase risk to people in need of help and the time required to control the incident. In addition to fire fighting services the IFD also provides additional services to our community. Every single Fire Fighter is an Emergency Medical Technician.The IFD also provides the following services: • Motor vehicle extraction. ■ Water&ice rescue ■ Hazardous material response ■ Medical emergency services • Public education—educating school children r OCT 1 8 2004 LJ' ATTEST ITHACA TOWN C ERK ■ Code enforcement ■ Inspection of public assemblies for fire prevention ■ Maintenance of the city alarm system ■ Homeland defense assignments We applaud the Mayor in her assessment of the Police budget—adding new positions and providing additional funds for overtime—we urge Common Council and the Mayor to adequately staff our Fire Department and provide them with the resources to protect our community. �1 f"1 Board of Fire Commissioners 2005 Operating Budget Summary Attached please find a Summary of Additions to the Fire Chief's 3.5 %Budget Proposal developed by The Board of Fire Commissioners to ensure the quality of service that this community needs to maintain its safety. Over the years drastic cuts have been made to the budget and it is essential the standards be raised before there is a disaster. • Addition of a Department Bunker and Volunteer Officer o Line item 110 Salaries Staff o The bunker and volunteer programs have recently not been provided with sufficient management to maintain a strong program. • Addition of a Department Training Officer o Line item 110 Salaries Staff o Department training officer is needed to consolidate the training program among the 4 shifts, bunker and volunteers. The loss of the training officer has overburdened the department's management tearn and makes it difficulty to maintain the level of expertise required.. • Maintain volunteer and bunker training programs for 2005. o Line item 415 Bunker and Volunteer clothing issue o Line time 435 Volunteer and Bunker Recruitment o Line items 440 Staff Development o (Ithaca has had Volunteer fire fighters for over 180 years. The BFC would like to be given the opportunity to evaluate the benefits of maintaining the program without the pressures of the budget deadline. We would like to over the course of the next year evaluate the programs for the benefits verses resources consumed. The program will then be able to be addressed in the 2006 budget cycle based on facts and not on emotional reactions • Strategic Planning Study o Line item 125 o Line item 430 M t Strategic Planning Study Over the past 11 budget cycles many of the department programs have been reduced or eliminated, the call volume has increased and the department has been asked to take on more and more responsibility. The BFC would like to request Strategic Planning be funded to assess the existing department's capacity and future demands and project future demands (e.g. construction on Rt. 13,downtown). A previous strategic planning study conduced in the mid 1980's was undertaken to address the needs of the Fire Department in preparation for the Town contracting with the City for fire protection. These needs have been drastically altered. A new study is essential due to the following conditions. • Reduction is support and management personnel. • Increased call volume • Changes in call distribution • Changes in the building distribution in the community; southwest development and increases in the number and distribution of residences. • Reduction in the number of Volunteers and Bunkers • Reduction in department funding Study Goals: Give the Common Council, Town Board, and BFC a yardstick, and method of quantifying the impact on the level of protection provided as a result of program and "'^ funding changes to meet minimum standards of safety.. • Identify consequences of reductions. • Identify community needs • Match department resources to community needs • Address consequences of eliminating bunker and volunteer programs • Determine economic justification for maintaining or eliminating bunker and volunteer programs. • Identify department programs that need to be developed or enhanced • Identify changes need to deal with ITHACA FIRE DEPARTMENT BOARD OF FIRE COMMISSIONERS REPORT-- — September 2004 PERSONNEL STAFFING LEVELS 1 Chief 1 Deputy Chief 5 Assistant Chiefs 8 Lieutenants 49 Fire Fighters 64 On duty personnel 1 Fire Alarm Superintendent 1 Administrative Secretary 1 Administrative Assistant - Financial 0.5 Account Clerk Typist 0.0 Temporary Office Assistant 0 Recruit Fire Fighter 1 Fire Fighter on Extended Sick Leave Total employees as of 10/01/04 — 68.5 MUTUAL AID CALLS — From: Varna To: Cayuga Heights, Lansing SELECTED CALLS — No Report SUPPORT 27 Vehicle work orders were written and 33 were closed. 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Gibbs Drive Ithaca New York 14850 YOUTH BUREAU RAI Telephone: 607/273-8364 Fxx: 607/2.73/2817 October 21, 2004 Catherine Valentino OCT i Town of Ithaca Supervisor 215 North Tioga Street Ithaca, NY 14850 Dear Cathy, I hope all is well. Here's the additional information that you requested. 'sC r I opy of barter agreement with the ICSD: There is no written agreement. The agreement is informal and verba . �'- L � .��•� 1���� _ f c.e• ���r� ; 2) Admissions: The pool total of 15,856 includes�2,212 campers from Cass Park Day Camp and 1,491 campers from Stewart Park Day Camp. The rink total of 30,042 does not include any Recreation Partnership participants. The total of over 500,000 visitors annually to the waterfront parks is an estimate. We believe it to be a conservative estimate. 3) 2004 Daily Counts for Cess Park Pool: 15,856 J-�, dAj 4) 2004 Season Passes—Cass Park Pool: Town of Ithaca—56; City of Ithaca-- 174; Other—65;Total - 295 5) Budgeted Annual Costs and Revenues for Cass Park for 2003 and 2004: 2003 Operating Costs: $709,665 Revenues: $332,519 Net: $377,146 Capital Costs: $48,188 (15 year average per ERA report) 2004 Operating Costs: $755,430 Revenues: $402,930 Net: $352,500 Capital Costs: $48,188 (15 year average per ERA report) I hope this is helpful. Sincerely, � ,000, 14 6 Allen Green Director .. "An Equal Upportuni[y tmploycr with a commitment to workforce diversification." w. Recreation Facilities Summary - 2005 Estimated Full Costs (A la carte plan for discussion purposes) Total Rec. Partnership Other Share Net Operating Costs Cass Program Totals $108,621 $8,690 $99,931 Cass Fringe Totals $96,470 $7,718 $88,752 Cass Portion-IYB Administration $41,455 $3,316 $38,139 Cass Portion-Indirect/City Hall/Insurance $66,1.90 $5,295 $60,895 Cass Portion-DPW $32,255 $2,580 $29,675 Total - Cass Net Operating Costs $344,991 $27,599 $317,392 Stewart Park Estimate-Net Operating Costs $128,755 $7,725 $121,030 IYB Building O&M $76,490 $25,242 $51,248 Existing Annual Average Capital Costs IYB Building $70,427 $16,198 $54,229 Cass Park $48,188 $3,855 $44,333 Stewart Park $25,997 $1,560 $24,437 Grand Total $694,848 $82,179 $612,669 Notes; Rec. Partnership Share of Cass & Stewart Costs pro rated @ 8% Cass, 6% Stewart Fringe for Rostered Staff calculated @ 39% Fringe for Part-Time Seasonal Staff calculated @ 13.6% Cass Portion-IYB Administration pro rated @ 44% of 44% (Recreation Portion) Rec. Partnership Portion-IYB Building (O&M) Costs pro rated @ 33% per ERA Assoc's Existing Average Capital Costs pro rated @ 23% IYB Bldg, 8% Cass, 6% Stewart) Future Capital Costs have not been included 0 OR (A Ch +`r N t N L; L L m 00 (U N r[b U — -- ---- - -- -- ----- C� C L fu 'f N Ln ru co u 00 0 M O O �t N T-4 T-4 Q Q 0000 M oLn Qj Q) N 00 C N �1 V V a U O N (p N fl O) Q1 H O M I� \° 00 0 o � o ryj h Ln a v d` ra oO U L N Ln L N C: Ln r° U � a Ln N kD t� N M O m O '1 O M O } CN N O M _L Q aJ N O LV) f4 0 00 fL U -F- Q C Q1 N C � z I a) � L U O O O O O O O O O U Q N O O O O O O O O . 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Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us TOWN CLERK 273-1721 HIGHWAY(Reads,Parks.Trails,Water&Sewer)273-1656 ENGINEERING 273-1747 PLANNING 273-1747 TONING 273-1783 FAX(607)273.1704 October 22,2004 Ms. Tara M.Blum Environmental Engineer I New York State Department of Environmental Conservation Division of Water,Region 7 615 Erie Boulevard West Syracuse,New York 13204-7459 Re: Cornell University Lake Source Cooling- Town Comments on Proposed In-Lake . Monitoring Program Dear Ms.Blum: As you may be aware,Benchmark Environmental Engineering & Science,PLLC (Benchmark) is serving as consultant to the Town of Ithaca to perform an independent technical review,of potential impacts of the operation of Cornell University's Lake Source Cooling(LSC)Facility on Cayuga Lake water quality. We understand that you have received correspondence from Cornell University dated July 29, 2004 requesting modification of the in-lake water quality monitoring plan related to the LSC SPDES permit (#NY 024 4741). I am writing this letter,on behalf of the Town of Ithaca Town Board,to request that you'not act on this proposal until Benchmark's review of the 2003 monitoring data and the Before-After- Control-Impact Analysis report is completed. Benchmark met with the Town Board on October 18th to discuss their evaluation and expects to be submitting their recommendations to the Town Board regarding this issue in early November. We plan to be in contact with you as soon as we receive Benchmark's report and recommendations. If you have any questions or concerns regarding this request,please contact me(tel.607-273- 1721) or Jonathan Kanter,Director of Planning(tel 607-273-1747). Sincerely, Catherine Valentino, Supervisor Town of Ithaca cc: J. Kanter,Director of Planning Herbert Engman,Town of Ithaca Town Board S.Eidt,NYSDEC P.McNally, Cornell Paul H.Werthman,P.E.,Benchmark Environmental Engineering&Science,PLLC CoQ Tee Ann Hunter from: evhouston@odyssey.net ent: Monday, October 25, 2004 9:31 PM To: Tee Ann Hunter Subject: IC parry Sunday, October 24, 2004 Teeann: Thank you for taking the time to speak with me today regarding our complaint of noise from the Ithaca College Party on Sunday, October 24, 2004. The party started about 1 or 2 o'clock in the afternoon and went until 8:30 p.m. on Sunday night. The noise from the music and the announcer were absolutely unbearable. The base from the music (terrible music) was shaking our house and windows. I physically walked up the hill from my house at 4 Hudson Place to see if I could find out where exactly the party was being held, to be make certain it was not a private party and indeed was being held at IC. By 6:00 p.m. it was so bad we called the Ithaca Police Department who told us that they had a permit at IC and there was nothing they could do - they also told us that they could hear the noise at the police department. We then called the Campus Police who said there was nothing they could do because they had a permit. The Tompkins County Sheriff's office told us the same thing. I did not ask who had issued the permit, which now I realize I should have done. The Campus Police gave us the number of Student Affairs that we /~'ould call on Monday (274-3222) to place a complaint. When I alled them today they advised me I had to speak with Karen Coleman who happened to be out all day because she was at the party on Sunday. I plan on trying to speak with her on Tuesday. If it turns out that IC can issue their own noise permits, there will have to be some limitations set if there are any further party like yesterday. The City and Town of Ithaca have laws, the College should have to abide by them as well. The noise level at this event was totally unacceptable and I was under the impression from the Campus Police and the City Police that many complaints were placed. Ours cannot be an isolated situation. I am interested in finding out who issued the permit although after that I am not sure exactly who to turn to so the situation does not happen again. Is IC a self-governing jurisdication where they can just do whatever they want to do? Again, thank you for taking the time to listen and I hope some resolution can be obtained before the next time - when I will have no choice but go to the party and unplug the microphone and the music. Thank you, From: A concerned citizen, who for ten years (1991-2001) had nice quiet, peaceful weekends on South Hill, Evelyn Houston Hudson Place haca, NY 14850 home Phone: 272-6045 Work: 272-0479 e-mail: evhouston@odyssey.net 1 r CITY OF ITHACA V: s� 310 West Green Street Ithaca, New York 14850-5497 OFFICE OF THE FIRE CHIEF Telephone: 607272-12 4 Fax: 607 72-27 p 3 R 93 November 1,2004 Chief Brian Wilbur Ithaca Fire Department 310 W. Green Street Ithaca,NY 14850 Chief Wilbur, This report of the Fire Prevention Bureau will include both the month of September and October; scheduling and other developments caused the delay of the September report. We continue to review various aspects of Fire Prevention for a more organized operation. Some initiatives are being explored to expand our fire prevention abilities. One of these initiatives is easy to use appearance ticket for fire code violations. The idea is to allow shift officers an easy option to address violation found during alarm response. CODES DIVISION: The personnel in the Code Division logged a total of 113.25 hours of training for September and October. This is broken down to a total of 62.25 hour of fire/ems related topics and 51 hours of code related training. Each member of the Code Division has achieved the minimum 24 hours of in-service training as required by the state to maintain code certification. As we complete the month of November training records will be further reviewed to make sure the required 100 hours of in service firefighter training has been achieved. There were a total of 29 inspections of assembly occupancies completed for the month of September and 15 inspections for October. In addition to the inspection there were 10 test observations done on sprinkler systems,hood system and fire alarm systems for September and 5 for October. In addition to the tests,follow- ups were completed on several projects left open for missing items such as sprinkler bells,exterior strobes, etc. There were 16 complaints received for the month of September and 14 complaints for October. A total of 11 complaints were closed and several are awaiting results on follow-up. Parking tickets books were re-issued with some new violation sections added and the new fine schedule. There were a total of 121 tickets issued for the months of September and October. The break down of tickets issue is as follows: "An Equal Opportunity Employer with a commitment to workforce diversification." � r 12"from curb 2 Prohibited area 68 Parking at Fire Hydrant 41 Handicapped Zone 4 Fire Access 6 FIRE INVESTIGATION UNIT: The F1U reported two investigations for the months of September and October for a total of six hours to complete the investigations. One fire was determined to be accidental involving a short in a clothes dryer while the second, was left undetermined. JUVENILE FIRE SETTERS PROGRAM: There were no referrals for juvenile fire setters for the months of September or October. PUBLIC EDUCATION: According to department records there were three public education details performed by members of the fire department. These details were fire station tours at the central fire stations. In addition three requests for fire drill observation were performed. R ptTier mitte a Dani Assistant Fire Chief Fire Marshall �r - q Potential parking ticket revenue based on tickets issued for the months of September.and October. aad , $4,760.00 ITHACA FIRE DEPARTMENT BOARD OF FIRE COMMISSIONLRS REPORT November 2004 PERSONNEL STAFFING LEVELS 1 Chief 1 Deputy Chief 5 Assistant Chiefs 8 Lieutenants 49 Fire Fighters 64 On duty personnel 1 Fire Alarm Superintendent 1 Administrative Secretary 1 Administrative Assistant - Financial 0.5 Account Clerk Typist 0.0 Temporary Office Assistant 0 Recruit Fire Fighter 1 Fire Fighter on Extended Sick Leave Total employees as of 11101/04 — 68.5 MUTUAL AID CALLS — From: Cayuga Heights, Lansing To: Lansing SELECTED CALLS — B Shift quickly extinguished an apartment fire at 711 E. Seneca St. on 10/17/04. SUPPORT 29 Vehicle work orders were written and 45 were closed. TRAINING — See Attached report. Submitted by: J. Thomas Dorman, Deputy Chief Date Printed: 11/4/04 Pane 1 -1 C M N 00 � O) 00 N N CD M M N CD N M N l0 O Ln LL N O J M y 14' It 11 It It v co N v M M M M N v M LLIO O O O O O O O O O O O O O O O O O O O \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ a N r Q) �\ 0\0 N CD to O ll') M M M N N M O \r d' M N \ N \ \ N \ N N N N M \ N \ �I \ \ \ \ Ln CO \ 00 \ \ \ \ \ \ \ N \ \ LL M CD It N M0 M r d M N M O r M It r J )n Ln Ln )n Ln M Ln In Ln d' d' M try co v M Ln N N v w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r r r r r r r — r r r r h O ct 00 N N M Ln O O r M M CD LO .- } r r r r r Z Nr- MO000I� O000OOO S C7 w It O O w m O w v m o O w O N O W N N O O c0 1t Vr M M M N It N � It ^ M N M O w i- d r w J_ O O O co N m r- v N O lD O M N W�f ^ vCD 00 61 N .- M � v CU 00 N d' S U Z W m )nLncn <» omCV) InmWN Lnrrd I. O O MOO to � rNaoO1� I� OOO) aOO �taD \ O CD r 01 M N W W O N W )n M m O m o r M v O 00 W )n N M N N M N M M 'ch N O V r wW YJ J_ N � O O O Qf N Nr O I� CD O M N C C� OD \O d' co 00 N r M CD aD r N S C7 Z w N I� W N M M O O N )� O M CD L) Cr) In O CD LP) It w M O) f- O N \ l' w O w w w N m o v M r r T Ln N m CD O d' v O O N It N m w N C) N M M V' 0) V O M M N N N CD co M M N On Cn N O N CD On CD co QW Q J_ N � O O N N M 't Ln O M CO 0) .- (14 M V CA Q) r N M It N OOOOOOOt+MM V d' V d tvwwwww ��f F M M m D) rn M M M M M M rn M M M M m Ol Ol T a a a a d Statistical Summary Ithaca Board of Fire Commissioners 11/09/04 There are 19,265 records in the Incidents Table. Between Thursday, January 1, 2004 and Friday, "1ovember 5, 2004 there were 3,369 incidents. Currently there are an average of 10.87 incidents per jay. Average response time for the department is 4.35 minutes. The average duration of an incident is 19.72 minutes. Incidents by Hour of the Day 200 RUR$ 150 100 i - 50 p I O r N P7 �' U7 CD 0 0 6� O T r r O O O O O O O O O O ,- Y- v- N N N N N Incidents by Day of the Week 500 - 400 — — 300 - — 200 — — 100 0 i �- SUN MON TUE W® THU FRI SAT Dollar Loss by Hour of the Day 120000 Loss 100000 80000 60000 40000 V,; 20000 0 �. O r N P] d' LO M r- M O 0 O C? 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O a) CV O0 O) Cl) r� N NIt O Nm 00 LL d N r N N N N r M N n O O N rL W d N M O C,) O N O N r ■N T CO N O O M CO co O Z w v w z o � o a r o a jr o 0) W � o z °-° 0 o CL w W a a C z z ¢ z } ¢ wLij Cr _ Ir Z v z z0a >- > z z l— Y Q O Zw w O pU O WQO0 w w F > U) Z cc Z Z Q W - Q U p W = O !j Q O v O 2 p w Q Q p OC -i W Z g O - p Q m a m �_ a w 10 D w U g v a a s v~i apc LL Q W w w Fr CL O O U) Z CO) J W W In W r C lL W ti d � 2 OW > � Ca OU L� Q t¢-i Z W LL N N C1 N M cY O CO C� M C) O r N M O (O 00 CA O r N O O O O O 0 O 0 0 r r t- r r T T r T T N N - N 7 t0 = pp OD r O cli LO M O 1 / r Vco N T N o a v d O > o O Z n v CO) LO N O r r V a co Q m ti m co V� U) I� N T Q N T N t; L L r N O N w LO LO N cr) C4 N O LO O N •/, A2 O N r N O E O O U c L m T O Q O N O ri4Ty+ o `o Q W u') ch 2 LO Lq C4 rn . LO In T L O .fl In qT co Lq L � CV CO LL {'d ' qq* C Cl) � O O W Z a J Q O Cc 5 LLI Uco z a c cn Z LU F- Z � � Z d z CO W Q Q 0 o a ir bd n ui �r� m W a (wj Mtm r d ¢ O z y O. 43) N N N co Na Ithaca Fire Department Printed: 13 :29 :42 Report Period VFF Duty Hours List 11/05/04 Date Start : 01/01/04 D to End 11/05/04 e Badge Credit BEGG , SUSAN 04190 293 . 00 CANTONE FRANK 04413 123 . 00 GILLIGAN WILLIAM 04188 90 . 00 JESSEL , MATTHEW 04556 136 .50 JUPITER KEN 04362 138 . 00 KELLER RICHARD 04496 819 . 80 KILGORE CARL 04574 369 . 50 MAAS , DANIEL 04193 169. 05 r9'p � STATE OF NEW YORK—DEPARTMENT OF TRANSPORTATION TRAFFIC AND SAFETY DIVISION 3030278 STUDY NO.: NOTICE OF ORDER FILE: 50.12 - Local ''a'�► TROOP: C THE DEPARTMENT OF TRANSPORTATION HAS FILED AN ORDER WITH THE SECRETARY OF STATE WHEREBY: SECTION 1150.12 SUBDIVISION Ca C) PARAGRAPH OF THE DEPARTMENT'S REGULATIONS IS ©ADDED []AMENDED to read as follows: ❑REPEALED C� -erd'j 45 IQH on Troy Road, CR 123, between -King Road East, CR 179, and Coddington Road, CP. 119, a distance of 0.9 miles. DEC - 2 2004 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 Ste"Manual of Uniform Traffic Control Devices. 11/02/04 APPROVED BY:_� ^ Regional Traffic Engineer II IDATE) GNATURE) (TITLE) DESCRIPTION: Order establishes a 45 MPH speed limit on the above described section. of Troy Road. COUNTY: Tompkins LOCALITY: Town of Ithaca OTHER RELATED ACTIONS NONE ❑ (Identify) x: ❑ CITY ❑ POLICE DEPARTMENT ❑ VILLAGE ❑ SHERIFF REGION 3 TRAFFIC ENGINEER �t1 TOWN ] STATE POLICE OTHER �] COUNTY SUPT. ❑ PERMITTEE (Specify) R/LL:hh TE 3e 18/891 0 P7 V Y J 2004 - r STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION 333 EAST WASHINGTON STREET SYRACUSE, N.Y. 13202 CARL F.FORD,P.E. JOSEPH H.BOAR,DMAN ACTING REGIONAL DIRECTOR COMMISSIONER November 3, 2004 Ms. Tee-Ann Hunter Town Clerk, Town of Ithaca 215 N. Ticga Street Ithaca, NY 14850 Dear Ms. Hunter: RE: REQUEST FOR LOWER SPEED LIMIT ON BOSTWICK ROAD Thank you for your October 18 letter requesting a lower speed limit on Bostwick Road between Route 13A and Sheffield Road. A formal investigation will be conducted at the subject location. The Department has begun a new initiative to be more responsive to you, our customers. To carry out this initiative, we encourage you to submit any information which may be helpful in our investigation. This may include petitions, letters form the public, accident data, traffic volume and speed data, maps, etc. This information should be submitted to my office at the above address. Please be aware that our review requires sufficient field investigation and analysis to assure a proper response. Upon completion of the investigation; you will be notified of the results and our determination. Your interest in this matter is greatly appreciated. Very truly yours, GEORGE A. DOUCETTE, P. E. .-f•, Regional Traffic Engineer cc: J. Lampman, County Highway Supt. C. Valentino, Town Supervisor Page 1 of 3 Catherine Valentino From: Suzanne Smith [sdsmith @ ithaca.edu] Sent: Friday, November 12, 2004 12:22 PM To: Brian McAree; Bob Holt; Rory Rothman; Michael McGreevey; David Maley; Brian Dashew; Priscilla Quirk; Catherine Valentino; Andy Frost; Peter Meskill;Jo Flomerfelt(Chief Loo); Pam Mackesey; Rebecca Levin; Greg Firman; Lindsay Rider; Lauren Signer;Tom Graziani;Joe Vitale; Donnie Tang Subject: Summary of Meeting from Wednesday, November 3,20044rom Brian McAree The following is my attempt to summarize our meeting from Wednesday,November 3,2004. 1) Review "Problem Property" Meeting Outcome: Brian McAree, Rory Rothman, and Bob Holt reported on the meeting they had recently with the residents of the first "problem property" that has been identified on South Hill. They reported that the meeting with the students went extremely well. The students were receptive to the messages which we wanted to send to them, accepted responsibility for their actions, and made a commitment to be better neighbors in the future. They were very concerned about how they were being viewed by the community because of their actions. In addition, they mentioned that the tickets they received from IPD and the fines which they had to pay made a real impact on them. At least half of the students said that they had communicated with their parents in advance of the meeting with Brian,Rory, and Bob. As a follow-up to the meeting, two of the residents attended the next meeting of the South Hill Civic Association to apologize for their behavior and get to know their fellow residents better. As a first �..� attempt,everyone agreed that the interaction with the students couldn't have gone better. 2) Communication to Off-Campus Students: Rory Rothman and Rebecca Levine attended the meeting of the Student Government Association on Tuesday, October 26, 2004. At the meeting, they discussed the activities of the IC/Community Workgroup and talked specifically about the procedures which have been developed to deal with "problem properties." Rory and Rebecca reported that the meeting with SGA went very well and a number of questions were answered which the students had about the procedures. Chris Pearsall and Donnie Tang were also present at the meeting to share their perspectives. Brian McAree mentioned that an "opinion piece" written by him would be published in the upcoming issue of the student newspaper,The Ithacan. Brian has attempted to describe the activities of the IC/Community Workgroup in this piece as well as the procedures which we have put in place to deal with "problem properties." In addition, he tried to dispel some of the misconceptions that some people may have about what the IC/Community Workgroup was attempting to accomplish with this new strategy. In addition,Brian McAree and Rory Rothman will be sending an a-mail to all Ithaca College students on Friday, November 6, 2004, covering the same information which will be published in The Ithacan. Initially, the e-mail was only going to be sent to off-campus students, but as a result of a recommendation made by the Workgroup,the message will be sent to all Ithaca College students. 3) Review Possibilities for Utilizing the Community Dispute Resolution Center (CDRC): Micaela Corazon from the CDRC joined us once again to discuss how the Center could assist us with our goals. We agreed that it might be effective to have "victim offender conferencing" and/or mediation be offered to victims and students who have caused problems for their neighbors and have been ticketed 11/15/2004 Page 2 of 3 by the police. In a mediation session, we could also use a South Hill Civic Association "proxy" if a resident is uncomfortable with meeting with the students in person. This "proxy" could represent the views of the "victim" throughout the mediation session. We also discussed the possibility of having a panel of people from the South Hill Civic Association present an "educational panel" to students who have been arrested/ticketed as another option. We agreed that it would be helpful to have Bob Sarachan, Assistant City Attorney,join us at our next meeting to discuss how these options could be used when he works with students who have been found responsible for violating local laws/ordinances. We also agreed that it would be helpful to have David Klein, Town Justice,join us to discuss how these options could be utilized in Town Court. Micaela Corazon,Jesse Brown, and Francine Montemuro, all from CDRC, went to an SGA meeting recently and did a simulation of a mediation for Student Congress. Our student representatives said it went very well and SGA was very interested in seeing how we could utilize CDRC to respond to some of the problems on South Hill. The group recommended that CDRC do a similar simulation for the South Hill Civic Association some time in the near future. It was also agreed that Cathy Valentino would approach David Kline, Town Justice, to see if he could attend our next IC/Community Workgroup meeting. Greg Firman agreed to contact Bob Sarachan and see if he could attend our next meeting as well. Micaela Corazon also agreed to draft a statement(s) about CDRC services that could be used by Bob Sarachan in City Court (or Town Court)for students found responsible for violating the law. [Note: After our meeting, Greg Firman contacted Bob Sarachan about attending our next meeting. Unfortunately, Bob cannot attend because of a time conflict. Instead,Brian McAree, Rory Rothman, Bob Holt, Greg Firman and Bob Sarachin will get together on November 15th, to review options for using CDRC in City Court. Information will be presented at our next meeting on December 1st.] 4. South Hill Update: Pam Mackesey reported that things seemed to be going very well on South Hill. There was a recent theft incident which we reviewed. In addition, we discussed the possibility of Ithaca College (SGA and other offices) sponsoring a couple of educational programs for our students who are interested in living off- campus. These educational programs could be done at different times of the year and could provide students with information about how to look for an off-campus apartment/house, what to look for in a leasing agreement, review responsibilities of living in the community, explain off-campus resources,etc. 5. Off-Campus Module: Rory Rothman reminded people to provide him with feedback about the off-campus module which he distributed at a previous meeting. Rory is looking for any feedback the group has about the messages that we provide to students in the module. Ithaca College students who are intending to move off campus have to review the module and take a short test to prove that they have read the module before being approved to live off campus. This is a new initiative by Ithaca College to provide students with important messages about living off campus. 6. Next Meeting: Our next meeting is on December 1,2004 at 4:00 p.m. in the North Meeting Room,Campus Center. 11/15/2004 1TH TIME WARNER CABLE NO V 2 9 2004 November 23, 2004 �;_,^�, — p� Dear Time Warner Cable Franchise Official: This letter will serve as official notice that Time Warner Cable will implement price changes on some services beginning January 1,2005.The last price change was implemented on January 1, 2004. We have enclosed a copy of the rate increase notification that is included in our customers' statements this month. Effective January 15'and reflected on next month's statement,the monthly rate for Basic service will be $17.40 and the monthly rate for Standard service (which also includes all Basic channels)will be$49.95. I'm pleased to report that the rate for our converter and remote is not changing this year, nor is the rate for our popular DVR (Digital Video Recorder)service. Our rate for our full Digital Cable package is increasing by $1.00/month—the first increase ever for that package,and following the addition of several new networks over the past five years that service has been available. Many of our customers who avail themselves of packages will continue to benefit from substantial discounts,and customers who take "bundled"services which include our high-speed online service"Road Runner"and our recently launched Digital Phone (where available)also receive additional discounts. We know that our customers turn to cable for the variety and quality of pro-ramining, local service,and high-quality products we alone deliver. We continually work to improve our value and to invest in order to deliver the products and services consumers expect from us. Chief among those exclusive services are our 24-hour news channel, News 14 Now,and our new Time Warner Sports 26 which offers local, scholastic,collegiate and professional sports coverage for Upstate New York. Unfortunately, our annual price increases are necessary to cover the increased costs to deliver our programming and world-class customer service. We're pleased that we'll add two new channels to our Standard ("cable-ready")service beginning January I": Discovery Health, and the Style network. We had previously notified customers that we will no longer offer Empire Sports Network(effective December 151) and, due to CNN's decision to cancel its CNNfn (financia! r.c vs) network December 15`' that will no longer be available to customers. We will add a new children's nct�ti ork to our Digital cable lineup January l5'—NickToons offers quality programming from Nickelod,2on. Time Warncr Cable is committed to supporting our local community. with a,m emphasis on education, youth,economic development, human services and the arts. We're proud of our commitment to our customers, our community and our employ ccs who go out of their way to provide the best possible service. If you ever have a question or problem, please feel free to call your local office,or me. Sincerely, Mary L. Cotter, President Time Warner Cable, Syracuse Division 6005 Fair Lakes Road Fair Siracuse.NY 1305- • P0. lin.r q733 3Yracrtsc. AT 13221 Tel 31.5.6:3-1.6200 Fax 315.463.6.554 P.O.Box 261 DERRY,NEW YORK 14740 Phone (716) 287-2090 Fax (716) 287-2092DEC 10 (}04 E-mail vote@netsync.net Fax 1-800-343-VOTE (8683) i Rentals, Sales u Service November 29, 2004 Dear Election Official: During the last election, AVM mechanical automatic voting machines provided highly reliable, foolproof, accurate, and dependable voting results for millions of voters across United States. In fact, we are not aware of any serious problems with these mechanical voting machines. By contrast, many municipalities across the nation reported serious problems, despite spending millions of dollars for new electronic machines. In fact,Verified Voting Foundation,an independent non-profit organization,reported over 1,100 problems with electronic machines used during the Presidential election. In North Carolina,more than 4,500 votes were lost because the number of votes cast in one county exceeded the capacity of the election system's computer. In Columbus, Ohio, the computer system listed 4,258 votes for President Bush in a precinct w lhcre only 638 ballots had been cast. In Pennsylvania, some polling places could not open because their computer system failed to start. In Louisiana, election officials received ovcr 200 complaints about problem electronic machines. In Nebraska, voting machine problems affected 32 o 1`80 precincts,with more that 10,000 extra votes being cast(for some reason,some votes were counted twice). In Brookville, Indiana,those who cast straight party-vote for Democrat candidates had their votes recorded as Libertarian votes, affecting as much as 7-8% of the vote. In New Orleans, electronic machines failed to "boot-up," and many voters were unable to vote. In Tallahassee and Fort Lauderdale, Florida,the software program stopped counting votes at a predetermined number and starting reducing the number of votes as additional votes were cast. These are just a few of the reported problems. Verified Voting has a 51 page list of documented problems with electronic machines, affecting virtually every manufacturer. COMPUTERWORLD also published an article listing numerous problems across United States. And the Electronic Frontier Foundation (EFF) reported that problems with incorrectly recorded votes were"evidently widespread and may even be relatively common with tough-screen machines." We hope that you are glad that your municipality did not spend thousands of dollars to purchase less reliable electronic machines, when your existing mechanical automatic voting machines can meet all your election needs with unmatched accuracy, dependability, and cost effectiveness. We remain ready to service and maintain your machines, with a full supply of parts, additional reconditioned machines, and expert service. Attached is our most recent updated price list. SincpAy yours, Dale L. Marshall President and CEO Your Complete Election Company December 1, 2004 Peter Stein 101 Brandywine Drive Ithaca,NY 14850 Dear Peter: Thank you for meeting with me on November 19, 2004. I have outlined from my notes our discussion for you to review. I am hopeful that I have correctly reflected our conversation. • You agreed to follow the Town's past practices regarding interaction with our staff unless and until there are changes or new policies adopted. These past practices include that requests for staff to develop new information that is currently not available should be made through the Town Supervisor. If it seems to me that the request can be handled without unduly burdening the staff member, or interrupting other work the staff member is doing with a higher priority,I will pass the request on. In some situations,if I am able to do so,I will respond directly to the request. If I am uncomfortable with complying with the request, I will discuss the request at the next Town Board meeting. Requests for copying existing information and making it available to Board members without channeling the request through the Town Supervisor are certainly acceptable. • You agree and understand that the staff works for the entire Board and not specifically for each Board member individually,realizing that it causes problems for the staff to be getting direction from seven individual Board members. • You will put questions to staff and me through email, so that they are in writing. Either staff or I will respond in writing back to you. • When you want to meet with staff, you will make prior appointments with staff when possible. • If you are in Town Hall and want to meet with staff without a prior appointment, you will have the receptionist page the staff member to see if they can meet with you at that time. If the time is not convenient for the staff member, arrangements will be made to meet at another time that is mutually convenient. • If you are already inside the office areas of the Town Hall you will,before entering an individual office of a staff member, ask if the staff person has time at that point to meet with you. If it is not convenient for the staff member at that time, again you and the staff member will make arrangements to meet at another ,�+*� time that is mutually convenient. • You will not ask staff for personal favors or treatment different than that provided for all board members. For example, Town staff will not be asked to organize your packet in any manner different from the organization of packets generally, nor be asked to punch holes in documents for you. • You will not ask staff to provide rides for you during their working hours. Hopefully following the protocols outlined above will reduce some of the tensions that have developed over the last several months and enable all of us, staff included, to continue to provide the good service to the Town's citizens that has been such a distinguishing feature of the Town for many years. Please call me if you have questions. Thanks again for taking the time to meet with me. Sincerely, Catherine Valentino Town Supervisor Town Supervisor Ithaca, NY 14850 Catherine Valentino 215 N. Tioga Street 607-273-1721 George K.Voss 385 West King Road Ithaca,NY 14850 December 2, 2004 Dear Mr.Voss: As you probably know,the Town of Ithaca has adopted an Agricultural Land Preservation Program. This program is an effort to preserve the Town's farmland resources for future generations by purchasing the development rights to the land. It is a voluntary program through which the Town Board on behalf of all Town residents would purchase from willing sellers the development rights to their land. In exchange for a payment based on the appraised value of the development rights of the property,the landowner would convey to the Town of Ithaca an agricultural conservation easement. The program is based on efforts that have proven successful elsewhere in the State to protect agricultural lands and to prevent unwanted urban sprawl. Participation in the program is strictly voluntary and the landowner would retain all rights to the land including the right to sell or lease it. The only exception would be that the landowner would no longer retain the right to develop the land for non-agricultural uses. The sale of the development rights to the Town would not convey to the Town the right to allow public access to the Landowner's property for hunting,fishing or other activities. The payment for the development rights can be taken in one lump sum or distributed over a set period and can be used for any purpose (purchase equipment, savings,retirement, assist transfer to another farmer or the next generation, etc.). The Town has started implementing this program with the acquisition of its first agricultural easement in 2003 on approximately 40 acres located on West Hill. This fall the Town also applied for funding through the State to assist in purchasing easements on two other West Hill properties totaling approximately 167 acres. While all these properties that we are currently working on are located on West Hill,there are several properties on South Hill in the Town,including your land,for which we would be interested in acquiring development rights and help to preserve the farm as a farm. The Town's Agricultural Land Preservation Advisory Committee recently met and suggested we contact you, among several other farmland owners within the Town,to make sure you are aware of the Town's program and to provide any additional information that might help you to understand the program better or how it could be applied to your property. Your property is of particular interest to the Town because it is ®41�so7-c the largest tract of contiguous active farmland in the Town under one ownership,it features some of the better quality soils on South Hill, and along with the adjacent State Park lands,provides a unique natural, open space character to the area. Thank you for your time. If you have any questions or would like to meet to discuss our program further, please feel free to contact me at 273-1721. Sincerely, Catherine Valentino, Supervisor Town of Ithaca December 2, 2004 From: Robert & Theresa Berggren 136 Compton Road Ithaca, NY 14850-9455 To: Catherine Valentino Ithaca Town Supervisor DEC .. 3 2004 Re: Land Parcel 32-2-4.61 Dear Ms. Valentino, -- - , -`--- �'--- -� have spoken with Jonathon Kanter and Christine Balestra regarding this parcel of land and Christine suggested I contact you. I will try to make this short and then if you need more information, I can try to supply that to you. In the 1983 my wife and I purchased 2 acres from an 18 acre parcel on Compton Rd. from Esther Schembri and built a house here for us (it has been an excellent place to raise our 4 children.) A year or so later we purchased the balance of approximately 16 acres from her because at the time there was a push for cluster housing developments and we did not want to see that happen here on this quiet dead-end Compton Rd. We decided to purchase and subdivide this land into 3 smaller parcels fronting Compton Rd. with one larger 5 acre parcel in the rear along with the 10% open space required by Town of Ithaca subdivision rules. When the time carne for final subdivision approval, a last minute stipulation by the Town of Ithaca Planning Dept. was that to obtain this subdivision approval for the larger 5 acre parcel (now owned by Larry & Trina lacovelli) we would have to deed the open space over to them (this should be in the minutes.) Although we did not really want to do this, given our relatively young age and poor financial situation we really had no choice. Until now it has not affected us that much (we didn't have to pay taxes on it) and we used it and kept it maintained. Now with the new Westview Subdivision on Schickel Rd. it does raise concerns. My wife Theresa and I, as the previous owner of this land, would like to ask that the Town of Ithaca consider allowing us to take back the deed on this parcel. We understand this must continue as open space. As well as putting it back on the tax roll, it would provide us and neighboring parcels with a little buffer between us and Westview. As I mentioned, we have maintained this property for the past 20 plus or minus years including 2004 by keeping it mowed. After some final grading we would plant a variety of trees and shrubs there to help as this buffer zone between our properties and Westview's lots. We wish to thank you in advance for your consideration of this and look forward to hearing from you. Sincerely, #Robert & Theresa Berggren date �.� OF IT� TOWN OF ITHACA te2� - ,a.1 215 N. Tioga Street, Ithaca, N.Y. 14850 www.townJthaca.ny.us 'DOWN CLERK 273-1721 HIGHWAY(Roads,Parks,Trails,Water&Sewer)273-1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX(607)273-1704 December 6,2004 Ms.Tara M. Blum Environmental Engineer I New York State Department of Environmental Conservation Division of Water,Region 7 615 Erie Boulevard West Syracuse,New York 13204-7459 Re: Cornell University Lake Source Cooling-Benchmark Report and Town of Ithaca Recommendations Regarding Proposed In-Lake Monitoring Program— SPDES Permit#NY 024 4741 Dear Ms. Blum: Benchmark Environmental Engineering&Science, PLLC(Benchmark), serving as consultant to the Town of Ithaca to perform an independent technical review of potential impacts of the operation of Cornell University's Lake Source Cooling(LSC)Facility on Cayuga Lake water quality,has completed their report, entitled"Review of Cayuga Lake Water Quality Monitoring Related to the LSC Facility for 1998 Through 2003",dated November 2004. I am herewith transmitting Benchmark's report to the New York State Department of Environmental Conservation(DEC)on behalf of the Town of Ithaca Town Board. At the November 15, 2004 Town Board meeting, the Town Board adopted a resolution(a certified copy is enclosed) accepting Benchmark's report and recommendations,and authorizing said report and recommendations to be transmitted to DEC as the official position of the Town of Ithaca Town Board regarding Cornell University's requested modifications in the current Lake. Source Cooling monitoring plan, as stated in their letter dated July 29,2004 related to the LSC SPDES permit(#NY 024 4741). The recommendations of the Town Board and Benchmark are outlined on pages 12 and 13 of the report. In short, our recommendations are as follows: • LSC outfall monitoring should continue as required in the existing SPDES permit for the duration of the permit period(i.e.,through 3/1/2008); • A short-term thermal evaluation of the LSC outfall should be undertaken to validate the EIS modeling and demonstrate whether or not the LSC discharge violates 6 NYCRR Part 704 criteria governing thermal discharges in the immediate vicinity of the diffuser, and the recording thermister should be moved to within the thermal plume of the LSC discharge to monitor longer-term and potentially seasonal impacts (this was recommended by Benchmark in their March 2003 report,but has not been implemented yet); • Secchi disk measurements should be discontinued. The value of continued turbidity measurements is also questionable; • Monitoring of Site 2 could be discontinued as non-representative of the overall southern shelf. Monitoring of Site 6 could also be discontinued, since it is not located on the southern shelf. Monitoring of all other current lake sites in the monitoring plan(i.e., Sites 1,3,4,5,7 and 8) should continue for at least the duration of the current SPDES permit; • The"Before-After-Control-Impact Analysis for Cornell University's Lake Source Cooling Facility"(BALI)should be performed for soluble reactive phosphorus(SRP) based upon the 1998 through 2003 data to determine whether increases in SRP concentration have occurred on the south shelf and whether any such increases are statistically significant; and • A `BACI' assessment should be performed for Chlorophyll-a(Chl) and SRP only, after the 2005 monitoring. If you have any questions regarding these recommendations,please contact me(tel. 607-273- 1721) or Jonathan Kanter,Director of Planning(tel. 607-273-1747), and if necessary,we can coordinate further discussions between you and Paul Werthman of Benchmark. I look forward to hearing your response to the above, and sincerely hope that DEC will carefully consider the need for requiring that this important monitoring program be continued for the full duration of the SPDES permit period to ensure that there is adequate documentation regarding the functioning of the LSC facility and the significance of its impacts on the water quality of Cayuga Lake. Sincerely, 1 v Catherine Valentino, Supervisor Town of Ithaca Encl. cc: Herbert Engman,Town of Ithaca Town Board Liason to LSC Data Sharing Group S.Eidt, NYSDEC P. McNally,Cornell Paul H. Werthman,P.E., Benchmark Environmental Engineering&Science,PLL.0 Town of Ithaca Town Board Steven Uzmann, Chair—Environmental Review Committee,Tompkins County Environmental Management Council J. Kanter,Director of Planning,Town of Ithaca CITY OF ITHACA 310 West Green Street Ithaca, New York 14850-5497 fMB B So,��..... OFFICE OF THE FIRE CHIEF Telephone: 607/272-1234 Fax: 607/272-2793 December 7,2004 Chief Brian Wilbur Ithaca Fire Department 310 W. Green Street Ithaca,NY 14850 Chief Wilbur, The following is a report of activities of the Fire Prevention Bureau of the Ithaca Fire Department for the month of November. CODES DIVISION: The personnel in the Code Division logged a total of 105 hours of training for November. This is broken down to a total of 95 hours of fire/ems related topics and 10 hours of code related and personnel training. As stated in last months report in member of the Code Division achieved the minimum 24 hours of in- service training as required by the state to maintain code certification. December training will focus on any 100-hour training requirements that have not been met. There were a total of 24 inspections of assembly occupancies completed for the month of November. In addition to the inspection there were 15 test observations done on sprinkler systems,hood system and fire alarm systems. In addition to the tests,follow-ups were completed on several projects left open for missing items such as sprinkler bells, exterior strobes, etc. There were 19 complaints received for the month of November. Of those 19 complaints, 13 have been closed. There were a total of 20 tickets issued for the month of November. The break down of tickets issue is as follows: Prohibited area 11 Parking at Fire Hydrant 6 Handicapped Zone 2 Fire Access 1 "An Equal Opportunity Employer with a commitment to workforce diversification." �Rjf FIRE INVESTIGATION UNIT: r'"t There was one fire investigated by the FIU for November. This fire was ruled accidental with a mitigating circumstance. A juvenile was referred to the JFS regarding this incident. JUVENILE FIRE SETTERS PROGRAM: There was one direct referral to the JFS program. This referral was done as a result of a small fire in a residence caused by a juvenile. PUBLIC EDUCATION: According to department records there were two public education details performed by members of the fire department. These details were fire station tours at the central fire stations. Lt. Covert has received the public education materials and has organized the materials for distribution. In addition three requests for fire drill observation were performed. Re ectfull s tted, tel Tie II eakl) Assistant Fire Chief Fire Marshall ITHACA FIRE DEPARTMENT BOARD OF FIRE COMMISSIONERS REPORT December 2004 PERSONNEL STAFFING LEVELS 1 Chief 1 Deputy Chief 5 Assistant Chiefs 8 Lieutenants 49 Fire Fighters 64 On duty personnel 1 Fire Alarm Superintendent 1 Administrative Secretary 1 Financial Clerk 0.5 Account Clerk Typist 0.0 Temporary Office Assistant 0 Recruit Fire Fighter 1 Fire Fighter on Extended Sick Leave Total employees as of 12/01/04—68.5 MUTUAL AID CALLS — From: To: Trumansburg, West Danby, Newfield, Brooktondale SELECTED CALLS— No Report SUPPORT 40 Vehicle work orders were written and 22 were closed. TRAINING — See Attached report. Submitted by: J. 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Between Thursday, January 1, 2004 and Friday, December 10, 2004 there were 3,724 incidents. Currently there are an average of 10.79 'incidents per day. Average response time for the department is 4.35 minutes. The average duration of an incident is 19.83 minutes. Dollar Loss by Day of the Week 120000 100000 Loss 80000 60000 40000 20000 SUN MON TUE W® THU FRI SAT Incidents by First Responding Unit 1400 i 1200 Runs 1000 800 -� 600 400 200 - --— m It co M M M Average Response Time by Unit 15 10 /� V O O O O O O (7 co It (p � �2' �r p'} (3) U) a) O) 0) 0) (7) 6? M 6) 6) Cn M w CD � Statistical Summary BOARD OF FIRE COMMISSIONER REPORT 12/14/04 (YTD 12110104) There are 19,619 records in the Incidents Table. Between Thursday, January 1, 2004 and Friday, December 10, 2004 there were 3,724 incidents. Currently there are an average of 10.79 incidents per day. Average response time for the department is 4.35 minutes. The average duration of an incident is 19.83 minutes. Incidents by Hour of the Day 200 f - - ❑ Runs 150 - 100 50 0 - i -i❑i i k I I I i O O O O O O 0 O O O r r r e r r r r N N N N Incidents by Day of the Week 500 - ���„�� ��,� . ❑ Runs 400 - 300 200 100 0 SUN MON TUE WED THU FRI SAT Dollar Loss by Hour of the Day 120000 Lass 100000 80000 60000 40000 M , x 20000 0 O r (N cr) " Ln c0 co O O r- N ce) 't Lo co r, W M O 0 0 0 Q 0 0 0 0 0 r r r r — r s- r 7- r N N N N CAYUGA HEIGHTS FIRE DEPARTMENT 194 Pleasant Grove Road l4 > -3a 57 Ithaca, NY 14850 (607) 257-2377 JF1 Gli�' Re ' DEC 1 7 2W4 December 16, 2004 Honorable Walter Lynn, Mayor Board of Trustees Village of Cayuga Heights Monthly Report—November, 2004 The members of the fire department were grateful for a slower month in November. We ran 30 calls for the month. For the November there were 16 EMS calls, 1 motor vehicle crash, 12 fire calls and we responded to Lansing once for a mutual aid call. There were 16 calls in the village and 13 in the Town of Ithaca. This past month is the slowest that we have had for quite a while. It does not look Iike we will be running as many calls as .-ft, we did last year but the number for this year is still large. . At the end of November one of our vehicles was involved in an accident. While driving to class in Montour Falls at the Fire Academy, Assistant Chief Steve Phillips swerved to avoid a dog in the road and lost control of 243 and ran into a mailbox on the side of the road. Thankfully Steve was fine but 243 sustained enough damage from the accident to be considered less expensive to replace then to fix. We took over the out of service Car 124 from the police department and are currently having the vehicle repainted and placed in service as the new 243. This option seemed best for all parties involved. In other vehicle news, Ladder 231 expected to be in the fire station in Iate March or early April. I visited the E-One plant on a recent trip to Florida and was very impressed with the operation that they run. We are keeping a very close eye on the delivery date of the truck for both financial reasons and the fact that we would very much like to have the truck in the station for our 50`" Anniversary Banquet. Our Fall Recruit Class graduated their training program and they are all working hard to complete their probation checklists and move up in status with the department. We are looking at our December/January slowdown in membership participation. With the break at Cornell just around the corner we have polled the membership and found that many of our folks are going out of town for break. We have had several members say that they will be in and out of town over the break and have asked permission to stay in the overnight rooms while they are in town. We have enthusiastically encouraged this. This "HELP PREVENT FIRES" seems to be a trend over the past several years and it is very encouraging during the holiday season to have extra firefighters around the station. The tile in the main hallway has been replaced after the water damage from the leaking furnace caused them to warp up off the floor. The painting project is still progressing well. Les and his crew seem to get a little done here and there as time permits and we all express our gratitude to this crew for the great job they are doing for us. We will start replacing ceiling tiles that have become discolored over the past four years. One of or members, Jack Hessmer, is an electrician and has volunteered to start going through the station to rehang the light fixtures that seem to be dropping from the ceiling tiles. The station beautification project is still a work in progress. We set the deadline for this project for mid April in hopes all will be done by the banquet. All in all November was a good month where many things got done around the station and everybody had a chance to take a little breather from the hectic pace that we have been seeing for the past several months. The members are doing well and the station is looking great. We look forward to a safe holiday season and hope everybody has a good break away from Ithaca for the month. Sincerely, p r GeoTamborelle Fire felhieflFire Superintendent EMERGENCY CALLS: TOTAL CALLS YEAR TO DATE: 402 Total Calls— 30 Fire Calls— 12 EMS Calls - 16 MVC - 1 Total Mutual Aid— 1 Lansing— 1 Calls in the Village— 16 Calls in the Town — 13 TRAINING/MEETINGS /EVENTS: 11-17—EMS Training—Ambulance Operations with Bangs 11/22—Electric Car training in Danby 12/1 —Fire Training—Burn Tower with Lansing 12/5—Company Meeting 12/7—Fire Training 12/9—Fire Council UPCOMING EVENTS: 1/12—Training 1/13—Fire Council 1/19 Training 1/29—Training— OSHA/Annual PPD and Hep Shots APPARATUS: Having the new 243 painted and lettered. Will have the lights and radios installed after painting is finished. STATION: Will start replacing damaged ceiling tiles and rehanging light fixtures. F Fire Department:55002 Cayuga Heights Fire Department Companies:All Date Range:From 11/01/2004 to 11/30/2004 Box/Zone/Code:All Distriet:All Incident Run Log Situation Found:All Exclude Mutual Aids:No Exclude Exposures:No Number ncident# Date Time Address Occupant Situation Found Attendin, 004-040375-00 11/02/2004 21:16 EMS call,excluding vehicle is See NYS FCR#5-0458569 004-040376-00 11/02/2004 23:27 Natural vegetation fire,other 19 Dispatched to wires arcing possible transformer fire. Arrived to find that the wire was burning in a tree. Notified Dispatch that we needed NYSEG to respond to the scene. CHFD blocked both motor and pedestrian traffic until NYSEG cleared the scene. 004-040377-00 11/0312004 18:38 Water or steam leak 25 Arrived on scene to find light flooding from some form of sealed water well.Helped resident find plumbers and pryed cast iron plate off in order to access well.Pumped water down 12"in order to silence warning bell and left pump with resident should water continue to rise.Squeeged floor toward floor drain a bit and left resident to do final clean up. 004-040378-00 11/05/2004 01:46 EMS tail,excluding vehicle 13 See NYS PCR45-0458570 004-040379-00 11/06/2004 14:53 False alarm or false call,other 17 Report of possible leaf fire. Responded to area, Person who reported incident reported seeing possbile leaf burning. Nobody in area burning leaves. Cancelled responding units. 004-040380-00 11/10/2004 14:25 Rescue,emergency medical call ; see PCR#5-0458571 004-040381-00 11/13/2004 20:01 A� Rescue,emergency medical call 16 Dispatched by Fire Control for a one car roll over on Route 13.261 arrived to find 957 and the shariffon scene. pt was in the police car when 261 arrived,no complaints by pt and refusing medical assessment. The potential patient was traveling north on Rt 13.when he swerved to avoide a deer in the road. the car ended up facing south in the median.263 arrived on scene right after 261. 263 assessed the car for leaking fluids, found no leaks or dangers with the car. CHPD and a State Trooper arrived on scene shortly after. As units were determining who needed to stay and who could clear a second accident occured on the north bound lane due to rubbernecking. The northern most car slowed to look at the scene as the second or southern car maintained its volocity,also looking at the scene, the result was a rear end collision with only property damage. 241 cleared 957 cleared,263 cleared and 261 stayed on scene with the police to await the wrecker. 004-040382-00 11/13/2004 20:1.7 EMS call,excluding vehicle 15 See PCR#5-0458572 004-040383-00 11/14/2004 02:32 Alarm system sounded due to 12 Called for alarm activation-AOS to find system in trouble alarm-reading trouble with a detector corridor 303-searched building-found nothing. - Attempted reset of panel by door and in basement-negative success Advised house President to contact alarm company asap-if anything did happen to please call it in right away and to be on fire watch the rest of the weekend. Units returned in service. 004-040384-00 1111412004 05:04 EMS call,excluding vehicle 3 See NYS PCR#5-0458574 004-040385-00 11/14/2004 10:01 Detector activation,no fire- 13 Called for an alarm activation-AOS nothing showing-chef reports activation due to burnt butter-building clear-all units returned in service 004-040386-00 11/1412004 11:02 Rescue,emergency medical call 3 Sede PCR#5-0458575 004-040387-00 11/14/2004 13:25 Excessive heat,scorch bums 11 Called for smoke condition at laundry facility. Prior to our arrival recieved report from 2418 stating smoke caused by belt overheating on washing machine no fire. Continued to scene to invesitgate. Confirmed with 2418 no fire. All units returned to service. 004-040388-00 11/15/2004 00:14 EMS call,excluding vehicle 10 See PCR#5-045856 004-040389-00 11/19/2004 00:40 Smoke scare,odor of smoke 24 Called for a report of smoke in a hallway at Boces. AOS with nothing showing. Interior crew reports no smoke,but an odor of possibly burning rubber. Roof crew checked entire roof,but no signs of anything with TIC camera or search. Exterior crew reports no findings. All crews returned in service. 004-040390-00 11/1912004 06:47 System malfunction,other 18 Date: 12/04/2004 Page: 1 Time: 12:46 PM Umuff ncidentff Date Time Address Occupant Situation Found Attending Dispatched automatic MA to lansing for alarm activation at Pyramid Mall,court E. 202 Requested by myself to respond as well,no lansing members responding after 3rd activation, AOS to find nothing showing,mall still occupied,security reporting alarm sounding in borders. Security states alarm panel shows"dirty detector head"in borders. Nothing found on walk through. 202's crew made contact with Target(mall court E)manager at the other end who stated previous sprinkler flow testing this AM, Mall security was unaware of this. Alarm reset. -282 Scott Gordon- Target Manager Mr.Nicely-Security contact 004-040391-00 11/19/2004 23:50 System malfunction,other 13 Dispatched for alarm activation. AOS to find alarm had already been reset,residence still occupied by approx 30 persons. Negative hazardous conditions found. Spoke to house manager and president whom said that they reset the alarm themselves,and did not evacuate the building. A social event was in progress in the residence. Alarm panel key confiscated and CHPD notified.-282 004-040392-00 11/2012004 18:56 Alarm system sounded,no fire- 23 Called for an alarm activation at the country club-AOS and found alarm reset-notified it was an activation due to cooking in the kitchen. Confirmed activation-all units returned in service. 004-040393-00 11/20/2004 22:07 EMS call,excluding vehicle 12 See PCR#5-0458558 004-040394-00 11/22/2004 18:24 EMS calf,excluding vehicle 19 See NYS PCR45-0458559 004-040395-00 11/23/2004 09:01. Rescue,emergency medical call 7 see PCR 5-0458560 004-040396-00 11/23/2004 09:44 EMS call,excluding vehicle 8 004-040397-00 11/23/2004 16:15 EMS call,excluding vehicle I- 2004-040398-00 11/24/2004 00:06 EMS call,excluding vehicle 8 see PCR 95-0458563 004-040399-00 11/25/2004 08:33 EMS call,excluding vehicle 4 SEE PCR#5-0458576 004-040400-00 11/25/2004 20:16 Power line down 9 Requested by CHFD for traffic control until NYSEG arrived for tree on primary power line. 004-040401-00 11/29/2004 17:15 WWHazardoUs condition,other 20 Called for an odor of gas at the intersection of Wyckoff and Highland. Dispatch reports call came into Cornell from a passing motorist. 202 and 241 AOS corner of WyckoffMcarbom-strong odor of fuel oil. Crews from 202,241,and 203 along with CHPD investigated the area. 241's crew and CHPD located a backhoe behind a new construction that had a strong odor around the area of digging and demolition. No direct source located. All units returned in service. Since the location was within Ithaca FD's district,281 contacted LL Burbank at IFD central and informed him of the call,the location,and the findings. 004-040402-00 11/29/2004 18:17 Vehicle accident with injuries 13 See PCR#5-0458578 004-040403-00 1(/29/2004 19:26 EMS call,excluding vehicle 14 See PCR#5-0458577 004-040404-00 11/30/2004 18:04 FD Fire,other I 1 Resident had a fire log in fireplace with flu closed. Residence filled with smoke and log still burning UOA. Put dry chem on log and closed fireplace. Log smoldering. Opened windows and placed positive pressure vent on house. Fully extinguished log with water can and removed from fireplace.Opened flu to chimney. TIC Camera revealed no extension into wall. Cleared smoke from house and ensured that CO level was low. All units cleared scene. Total Incidents: 30 Date: 12/04/2004 Page: 2 Time: 12:46 PM Fire Department:55002 Cayuga Heights Fire Department Companies:All Date Range:From 11101/2004 to 11/30/2004 Box/Zone/Code:All District:All Incident Totals by Time of Day Situation Found:All Exclude Mutual Aids:No Exclude Exposures:No Call Avg Time of Day Count Attend 00:00 -00:59 3 14.0 01:00 - 01:59 1 13.0 02.00 - 02:59 1 12.0 03:00- 03:59 0 0.0 04:00 -04:59 0 0.0 05:00 -05:59 1 6.0 06:00 - 06:59 1 18.0 07:00 - 07:59 0 0.0 08:00 - 08:59 1 4.0 09:00 - 09:59 - 2 7.5 10:00 - 10:59 �__._....._._ 1 13.0 11:00 - 11:59 1 11.0 12:00 - 12:59 0 0.0 13:00 - 13:59 1 19.0 14:00 - 14:59 2 10.0 15:00 - 15:59 0 0.0 16:00 - 16:59 1 13.0 17:00 - 17:59 1 20.0 18:00 - 18:59 5 21.0 19:00 - 19:59 1 14.0 20:00 - 20:59 - -- 3 13.3 21:00 - 21:59 1. 18.0 22:00 - 22:59 1 12.0 23:00 -23:59 _ 2 16.0 Date: 12/04/2004 Page: 1 Time: 12:51 PM �n Y L� C y�j f�i ~ O vii Gn Q Q Q z Z y �� D D •y � � r ^ U w O Q a GV •^r•• N G� x K �I CW t) ci CI C G A a I �+ A-a c ; C] v) o F CdC /�$ N 61 �r C2 R � a N � Q w 3 Fa c � N �O ,•W [� G1 � N O C1 N N N o � o � U � awdd � zz Q ^ N tiD M `O N tri 70 CA CN M C O 5 a a A W W a o p, c = � E•y A V m o I o W x K W W 6i w � S: a Con z A rt Fire Department:55002 Cayuga Heights Fire Department Companies:All Date Range:From 11101/2004 to 11/30/2004 Box/Zone/Code:All District:All Incident Reponse Performance Analysis Situation Found:All Exclude Mutual Aids:No Exclude Exposures:No Response Time Response Time (Minutes) Number of Incidents Totals Additional 0-1 -- 6 Longest Time: 7.0 2-3 - 20 Incident#: 040381 4-5 - _ 2 2 Average Time: 2.5 6-7 8-9 0 > 10 0 Apparatus Travel Time Travel Time (Minutes) Number of Incidents Totals Additional 0-4 22 -- — Longest Time: 8.0 5-9 8 Incident#: 040377 10- 14 0 Average Time: 3.2 15- 19 0 20-24 0 >25 0 Incident Length Incident Length (Minutes) Number of Incidents Totals Additional 0-29 _- - 25 Longest Time: 146.0 30-59 3 Incident#: 040400 60-89 _ 1 Average Time: 21.8 90- 119 0 120- 149 1 > 150 0 Date: 12/04/2004 Page: i Time: 12:52 I'N1 Law Offices of MAZZA AND MAZZA 307 North Tioga Street Ithaca, New York 14850 Bruno A. Mazza,Jr. Area Code 607 Edward A. Mazza Telephone 273-6000 NOT FOR SERVICE Of PROCESS FAX 273-4110 December 17, 2004 Kristie Rice Assistant Director of Building and Zoning Town_ of Ithaca 215 N. Tioga Street Ithaca, New York 14850 DEC 2 0 2004 Dan Walker Town Engineer Town of Ithaca .. - 215 N. Tioga Street --- --- - - Ithaca, New York 148850 , Re : Building Permit for 301 Old Gorge Road Dear Kristie and Dan: As you know, I represented Tim and Amy Atsedes in the above entitled matter. We know that there are rules and regulations that must be complied with and that you are the ones responsible for securing compliance . Things became a little scary for them for a little while . They were afraid that they would have no place to live . Fortunately, it all worked out for them. I just wanted to drop you a note to thank and commend the two of you and all of the Town staff members for the special attention and effort that you put in to make this work out . The Atsedes and I thank you for doing an excellent job and for going that extra mile for them out when they needed it . Your cooperation was appreciated. Very truly yours, Edward A. Mazza EAM:ms cc : Catherine Valentino, Town Supervisor 9 OF Ip _- 1 TOWN OF ITHACA -B 21 �.� �o�� 215 N. Tioga Street, Ithaca, N.Y. 14850 www.townJthaca.ny.us TOWN CLERK 273-1721 HIGHWAY(Roads,Parks,Trails,Water&Sewer)273-1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX(607)273-1704 December 20,2004 Robert and Theresa Berggren 136 Compton Road Ithaca,New York 14850-9455 Re: Tax Parcel No. 36-2-4.61 (Compton Park) Dear Mr. and Mrs. Berggren: Thank you for your letter dated December 2, 2004 regarding the above referenced parcel, which is owned by the Town of Ithaca as dedicated parkland, and is referred to as Compton Park. At this time, I do not believe that the Town of Ithaca would be interested in selling, nor able to sell this parcel for the following reasons: (1) since this is dedicated parkland, it would take an act of the New York State legislature to release the parcel for purposes other than as a public park, and such legislative action also requires that other parkland in its vicinity be substituted for the parcel that is released; (2)the Town has no other land that could substitute for this parcel as parkland in this area; and (3) the Town will be receiving an additional 1.5 +/- acre parcel, adjacent to Tax Parcel No. 36-2-4.61 for park and recreation purposes in conjunction with the Westview Subdivision, and in combination, will result in a more useable 3.0 +/- acre park parcel that will have access from the Westview Subdivision. Although plans for this new 3.0 +/- acre combined park have not been considered yet, it would be designed as a small-scale neighborhood park. It is likely that the upper portion of the park within the Westview Subdivision would include such elements as a children' play structure, picnic tables, sitting areas, landscaping, and perhaps a walking path. The lower portion (Tax Parcel No. 36-2-4.61) would most likely be minimally developed, and probably would be re- landscaped, and might include additional walking paths, picnic area, and similar passive park elements. By virtue of its passive design, this parcel would provide some buffering between your home and the future Westview Subdivision. Please feel free to call me or Jonathan Kanter,Director of Planning, if you have any question or require further clarification on this matter. I hope that this relieves some of your concerns regarding the impacts of the neighboring Westview Subdivision. Sincerely, Y Catherine Valentino, Supervisor ,•�►� Town of Ithaca cc: Fred Noteboom,Highway Superintendent Jonathan Kanter,Director of Planning 1 r- THE ASSOCIATION OFTOWNS OF THE � c z zoo STATE OF NEW YORK 146 State SU"t G. JEFFREY HABER Albany, N. Y12207 A. KEVIN CRAWFORD Executive Director/ Treasurer ('r,unsel Telephone Area Code 518—465-7933 \4 i t li 1i;11' At. JAROS Fax 4 518-465-0724 (',,:111,01 ,MAIE,S D. CITE Special 01111sel LORI A. NITTHEN-DeMASI December 20. 2004 X n,,nd, r r MICHAEL E.KENNI,:-\LLY,JR. Associate CoulrsL? Dear Supervisor: Justice Court fines Distribution Earlier today the Governor's Office annlmomcd the good nenw IhA h<. had signed Chapter 740 of the Laws MUM repealing thejustice churl %CAN ._;nd YOU We distribution pro0skils (Ch. 56. L. of 2004)enacted as part of the 2004CU05 Yoe Bully. i his repeal is reiroacti%v to August 21 211K resulting in no net loss of kine m,00 to A.owd town, ChqAer 7 ;0 also repealed the local (SI0.00) surch,lr��e enabling Ipr�,� i,ions 14 h ch hnd hemi ,a.lcWriln' h) the ol-il—linal BLidget legislation. Tho,,�' :!" ! �) 10111_L�r be i!iihtltiCll_ Nr !)[" hLndy a!5 Awdsurcharges 11111st be I-ClUrned Il a ti's rII«n :lpphc;Ji ii 1, ill:1dc No rCILMd iS I'CCjLI11'Cd it El Written I'ellLICSt is not Made. I he titatL; l 011I;Irr111er �)IIS & ("Am ! and is ahvadN at "isk nlal&g the necessary adjustments to their Matenlen S Fuld W511-d k�illi!: s. I want to thank all the m my !:.lens in nur mvmh�i,hip who lobbied to restore $?; million 1i111iU-Q Ill lo':A collo ICv c:10 Flat Cil. 56 kid R'Li ll'awd to the It has been SEiid that "j1j'i.'L'_ 1)11' 1II0 11ilk, k0i".w is all orp!li111' ! h" .' (11 1151~ �N)1 C!kOrt 15 lll!C 10 ihC !IMM hili!drerls t,mcil, and calls fr(.�ini l ""i unkink such as 3ourscllAVkh the Le�i,!:nare. and now the Governor has heard and respon(kcd t�" Job well done! -k-hanks again. Best wishes for the New Year -- hopefully one without anv similar"surprises". Kindest gards. 111 ' G. EFVRF H � ER ,wft% Ls C11 %e r