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Home My WebLink AboutSupervisor Walter Schwan 1970sTOWN OP ITHACA 108 East Green Street Ithaca, N. Y. February 25, 1971 The Cayuga Lake Basin Board has an appropriation of $190,000 included in the New York State budget for the current year. The money is earmarked for an engineering study of four possible sites for a multi-purpose upland water impoundment that would (so they say) serve the Ithaca urban area with water for the next fifty years. The Town Board of the Town of Ithaca opposes this study and the resultant waste of taxpayers' money for the following reasons: (1) Tompkins County paid $55,000 for a study of the County water situation by Metcalf and Eddy in I968, This study was directed by the Cayuga Lake Basin Board. The Basin Board could have directed Metcalf and Eddy to put more of the study's time into upland impound ments, The Metcalf and Eddy study concluded that Cayuga Lake was the best source for water for the Ithaca urban area and recommended development of Inlet Valley wells as an interim source. The Metcalf and Eddy study compared the cost of a lake source to the cost of the upland impoundment and concluded that the Ithaca urban area could not afford an upland multi-purpose dam until the year 2020. It is the contention of the Town Board of the Town of Ithaca that the upland proposal is not economically feasible and sould be dropped. The City of Ithaca's total income from the sale of water to all areas for the year I969 was $596,000. The income base to support a ten to twenty million dollar project is simply not here, (2) No municipality in Tompkins County, including the City of Ithaca, has ever endorsed the Basin Board proposal, (3) Cayuga Lake affords a high quality, constant quality source of water. It is 4o miles long and one and one half miles wide and will never run dry. The Town Board believes the State of New York will never allow Cayuga Lake's quality to degrade. (4) Cayuga Lake can be developed as a water source on an incremental basis as the needs of the surrounding area dictate. An upland impoundment would have to be done all at once. (5) The areas to be served by water are so divergent that the cost of transmission mains from one upland dam would be exces sive. The municipalities needing water (Towns of Lansing, Dryden, Danby, and Ithaca, and the Village of Cayuga Heights) have agreed that multiple water sources are the only answer. - 2 - (6) It is the opinion of the Town Board of the Town of Ithaca that this money could be better spent on sewering the shores of Cayuga Lake to insure that the lake's water quality does not degrade any further. Walter J. Schwan Town Supervisor Town of Ithaca TOWN OF ITHACA 108 East Green Street Ithaca, New York March 3, 1971 m ^ Enclosed you will find a statement by the Town Board of theTown of Ithaca concerning the Cayuga Lake Basin Board's request for State funding of a $190,000 study of a multi-purpose upland dam. This ^atement was mailed to Assemblywoman Constance E. Cook, Senator ^eodore D. Day, State Senator William T. Smith, Hon. Perry B. Duryea, Jr., Speaker of the Assembly, Commissioner Henry L. Diamond, Environ mental Conservation Department, and Governor Nelson A. Rockefeller, The Town of Ithaca believes that the New York State Legis lature needs some input from the municipalities in Tompkins County who would be affected by the Basin Board's proposal. We are asking for your support of our efforts to have this funding request deleted from the 1971 State budget. D j remind you that if the funding is approved, the Basinward study when completed will have the effect of being a policy decision of the State of New York which will be binding on the Water Resources Commission and the Environmental Conservation Commission.Any municipality in Tompkins County which afterwards requests per mission of the State to develop any other water source will have to prove to the State that their proposal is better than the Basin Board's proposal, and thus the completed Basin Board study becomes one more hurdle to surmount in Albany when we need more water. The Town of Ithaca leqiiests that if your <^oncurs with our statement that you send a similar ptateiucnt to the same we have sent our statement to. Yours very tru^, ^ /i Walter Schwan Supervisor Town of Ithaca WJS/elb TOMPKINS COUNTY TRUST COMPANY no NORTH TtOGA STREET fTHACA. NEW YORK U8S0 RAYMOND VAN HOUnE President April 19, 1973 Mr. Walter J. Schwan Town of Ithaca Supervisor 108 East Green Street Ithaca, New York 14830 Dear Walt: Thank you for forwarding the information on the availability of $5,000 City of Ithaca 3-1/4% Sewer Bonds due 4/1/88, The price quoted would indicate a current tax-free yield of 3.87% and a yield to maturity of 5.14%. Depending upon the purchaser's tax bracket, these yields could be attractive, and we shall review our accounts for possible placement of these bonds locally. Thank you, again, for thinking of us. Kind regards. Since RAYMOND President HOUTTE RVH:db TOWN OF ITMACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 June 20th, 1974 Treasurer's Department Tompklns County Trust Company 110 North Tloga Street Ithaca, New York 14850 Re: Town of Ithaca Lost Coupons due 12/1/73. Gentlemen: Based upon your request, the Town of Ithaca Is authorizing Tompkins County Trust Company to pay the coupons, Nos, 121, 122, 123, 124, 125, which were lost or destroyed, of the Town of Ithaca due 12/1/73, five coupons 0 $16.50« $82.50 payable to the Irving Trust Company, 1 Wall Street, New York, New York, per the affidavit of June 4th, 1974. If the said coupons are found and paid at a future date, the Town of Ithaca will be held harmless from any loss or damage which may be Incurred. .... Sincerely yours. {}'c Walter J. SChwan Town of Ithaca Supervisor c s CLS cc:John Barney Town of Ithaca Attorney Savings Bank Building 4thFl. Ithaca, New York 14850 m February 18th, 1974 Mr. Vincent P/Hanriah ' . - ' , . , ' Assistant'Superintendent Department of Public Works n - 108 East-Green Street ' ' , I thaca i New . York 14850 • . ; , ^ ^ Dear Mr. Hannan: n ' The Ithaca Town,Board would like some additional Information on some of the repair and maintenance v;ater bills submitted by the City. ' n - Specifically .Bill No. 8725 - W.O. #4995 leak at Pine-Tree and ElUs Hollovy Roads. We would like to know.the specific nature of the leaks and v/hy a l -f 8" M;J.-End, Plug was'needed, • * - ' , , - Bill No, 8728 - W.O.' #4974" leak at Hanshaw and Salem Drive, l^y v;as'it necessary to work for five days on one .leak with a weeks gap in between the days woHced? In other words' If we have problems with our water system which need to be,corrected we will never find,It out from the.bills that are ren dered. PI ease 'elaborate on th1;s bill. . -Bill No. 3736 - Operating Expenses for Cliff Street-Pump Station. What were the "nature of the personal, services rendered -at the punp -station?. We would like-them Itemized if possible. Also, since the cost of "operations is n , split between the City and the Town of Ithaca based on water "consumption could we. have consuraptipn^flgures? - I'. Maintenance and Operation costs.are now paVd'by tli'e Town out of the /Water Surcharge Iricdme, Since th1s:1s the'case there 1s'no longer any reason ' to bllT the operating costs, of Cliff Street Pump Station on ah annual basis unless this method Is more convenient for the City, ' Bill .No. 8523 -'W.Ol #4810!-/Rebuilt 'Gate^at .Snyder Hill Road .Water Tank, As r have indicated to you'on/a' prevlpus occasion where repairs are needed that do.not'relate directly to-keeping the water flowing the Town Board will make the decision as to. how and by vvhom the' repairs will be made. All we needed was. ' a .memo from you'telling us about the gate. We have a, Highway!Department that • can weld"and pour cement and they are already on the-payroll. It v/ould appear that a prefabricated gate could have been purchased for about $300.00 v;h1ch makes'the repair price of $631,55 rather high, • VINCENT P. HANNAN ASST. SUPT. OF PUBLIC WORKS OPPtCe OP WATER AND SEWER DIVISION BIO FIRST STREET ITHACA. N. Y. CITY OF ITHACA NEW YORK 14850 Telephone 372-1713 Area Code 607 \-«Jb 2.5, 1974- \ ~tJV-*rv^ \ V^OuCLO, iOfe <5rcfSM St Cof/cs^oA V\<^ Ov\ -vVcp3ili4.<^ wSkv*^ VoLo vAr sVooJUA Wve V e,e4A ^dac.lV^-vw^2. Lwo—^ Ol \0©g|^w\, JL(o.W uA,ci re^u.reA J2,<+-tKivVt Aa\ "Vva»^ ?-cjA "^TOst "Vo e •yOAAj A^J-^Vvv ^juaaa-vt ^cret-oTc AmJJt aA-O Sucfocc '1 \^c. OlAajl<& v^owN^ef, "rtie t>Teo-fc \M<K/^ C-o-iA/U-^ Cto3^> ■V^<'c«i<i<lAAvoL <\<ta \?v(jagli C^iftn^Kr'. \VftAA^**S A>a «. -^M-L.T_\<=-<' AWAC.tvtT vw di.eok>^^ ?iguve:s ^ aq Au>fitX UlA Jo-r<iVaXr AeiiV.cit»c%v >^0A^AmA VvloAc ^0^ Av\ C>»> C^A .< A.. Vc At. of ^«».A ^ aoxt'e-cXti VnA ? ^i\icc arc ylX«iA VoU in^ jpoywXviA CM ^ \iv\\ o( \ovw,'i"S \fcM tr cXmta aA Ctw^ q eorrecfejt i \\ uJLi cX uaSS a/»nJLiA e "Wl c CuKAAiAw-^'iVi V^^OIA re^vo^. VINCENT P. HANNAN ASST. SUPT. or PUBLIC WORKS oppice or WATER AND SEWER DIVISION SfO riRST STREET ITHACA, N. Y. CITY OF ITHACA NEW YORK 14850 Telephone 272-1713 Area Code 607 P.eJia.'Z5",/^74 -2 - 'VctsoholS V\c^s> uJ2^vcJfev iwciAiie^ ^ oii VwOrWiw.^* ■a>Vo^*ov\ \ £» Q Vwcuwi^StMAMCC e*;e too^ Jt^ ^olA *\ O |ja»c»A ^ <^A, cxA ^ x3^-tvA lovvC^^j'^a^vsw jL-^ c V>v^ cx*>i»v\^ \&e. ^ottfoncuvo-^ Qa^ tc. ^WTmal\ci ic^oAtci. - .(A uj t\V\w^, .v.cSUAc4 .i/c^o-wo^.^ O^ re3ou^U oP /UcM t-V) CU>vAract^ u..^ ti\\o\i jU C^^tW «-«' -'^. \>'« CiVuA.ISwc,^ ii -Vlie C^uaro-A.tieci '^'=- 'oea.iAc'i. -VU, e ve^««-^ oP Uii^O-Ca^P.^ \vavc. \vw>vv ^i^cou-Trt^^ y^^.i^svv^A.r' ^6^^, V^e. Vavcy\i}.x.ts^ /VAookM^oJkAoUA.^ OA CoWvwMvi, ^i»5iti i«>ujvM»AS«^-e«-W>H'5A. "^A/A/oAG^ HI A.a<,aa-4a<l««' received SEP 16 1975 SYKES, GALLOWAY & EIKEMAN town Of ITHACAATTORNEYS AND COUNSELLORS AT LAW - ROBFRT S. AKDURSKY BROADWAY WIIXIAM B. DEYO, JR. ROSWBIX C. DIKEMAN RANBAJLL A. mJFPMAN THORNTON O- BBWARDS NEW YORK, N. Y. 10005 RANDOLPH B. JOKBS A. THOMPSON OALLOWAY H f'oicsl Oft*r PBTER J. KENNY ROBERT W MARSHLOW ^ ^ THOMAS M. ROTHMAM C.SCOTT SYKBS. JR. TELECOPIER (212)349-2794 COTTNSBl. ARCHIBALD N. OALLCWAY CHARLES S. SYKES September 12, 1975 Mr. Walter J. Schwan Supervisor, Town of Ithaca 108 East Green Street Ithaca, New York 14850 Re: Town of Ithaca, New York Authorization and Financing of Various Dis tr ic t Improv ements Our File G-1591 Dear Walt: In accordance with our various discussions with you and with town attorney, Jim Buyoucos, in connection with services rendered to the Town of Ithaca with respect to a number of town improvement districts which have heretofore been dissolved, and work in connection with such dissolution and the proposed issuance of serial bonds to fund notes outstanding for such districts, together with the dissolution proceedings themselves, we have now prepared a statement for services in connection therewith. As you can imagine, this has been difficult because these proceedings go back as far as 1965 with respect to the Northeast Sewer District. Our bill has been based on the figures suggested in our earlier correspondence and for your information we enclose a copy of our letter of December 16, 1974 to Mr. Buyoucos, which explains the basis on which we arrived at this amount. Please note that we did not make specific reference to the dissolution proceedings, but under the circumstances feel that the total bill sufficiently reflects those services also. Assuming the same is in proper order will you therefore now have this statement processed for payment. Again let me express my appreciation for the way in which you have seen fit to handle this. With best wishes. Very ^truly your^, RWMrds Enc. ^^:v■■:l^.v'.'f .r;: f?=: S ^ ' ■* " ... •'" *•.." . ...v - • • i •„•. •(. »■ i: "'Xl' •#". ij*>5j X - A fH ... jfM <.- l # W S V > l-'i ' f ■T" ^ »* * ^S fi hh .•y.".n^»j!*»»T. ^ .-A; •. } 'H.r i. ^ ^ V T.A " . .•v.. r^-. mt Savings Bank Building Ithaca, Mew York: 14850 James V. Buyoucos, Esq. Buyoucos & Barney .V> l-P •---vf'k. ^ r f iV'- ' ti' %'> December 16, 1974 .■/.!--■ nV.l»' V(j. Ai ^ V''« 'V; ■'h--\r «» li - r • #flh' , '-" f|j:'/f •" , Re: Town of Ithaca, Hew York - Authorization and Financing of Various District Improvements - Our File G-1591 D^r Jim: ' ■ ^ You will recall discussing in the past the fact that we had never billed for any of our services relating to the establishment of various v/ater districts in the Town of Ithaca which have long since been dissolved under Section 209-r of the Town Law.- - ' t■:.W- ' I' -.. -'-W' ' "r> m. You may recall also that we had prepared proceedings for a proposed bond resolution to be referred to as Sewer and Water /: District Bonds, 1967, but closed out the file in:view of the arrangements in the Town for taking over these projects as so- called Town improvements. .'. ■ ■•;' '••;•'•• • • We have also discussed with you and with Supervisor Schwan billing for our services rendered in connection with the drafting of various papers for the creation of those districts and bond resolutions for financing t]ie same. Our normal practice in those cases where projects are authorized but paid off through roll-over of bond anticipation notes with annual payments and the issuance of no bonds, is to bill a percentage of what the fee would have been in the event of a bond sale. If we followed that practice in this case, I thought it would be appropriate to start with the total figure of $2,875,500, which was the total cLmount of bond anticipation notes issued in 1972 according to a schedule you previously furnished us and a copy of which we enclose herewith. At that time our fee schedule called for a $100 fee for review and/or preparation of district.proceedings, a $300 base s- f < ^ :r •». w.- 'i-. A-.',.''.- 'fiMH .r ^ V? " V {!.'-' <' kS^ i \ u \? • V ••- ;-'-v.:-,'•,■••.'^ Page 2. •;''!'}v^r«i'^5;s'.-,;-i-- ' ' ■..:.^:X;ir^r:::'■■ ■••.»■-;'•'S'".»ri-'.' ;;•:/; .y,'5 X§^.V'."•'■'.•'• ''.. •• V*'^^■'ite'. ■ •'•■ ■^■JVfrri': -im:--. fy-.-j} fee for "bond sale proceedings together with a charge of $1.00 : of the amount of bonds actually sold. Applying thati :/ formula here we have $1,400 for the review of fourteen sets of district proceedings, plus the $300 base fee plus $2,875 at $1.00 per $1,000 of the amount of 1972 notes. Our percentage of the total amount where no bonds are issued is 60% and this would reduce the total fee to $2,745. f.''- *- )i\- I appreciate this is a bad time of year to discuss these legal fees because the budget for the coming year has been completed, but if this sounds reasonable please let me know. We can, on the basis of any understanding arrived at now, forward a formal statement at any time that would be convenient. I will await your further word. - j-y .fr,'.;)-;-;. My: very best wishes to you for a Rappy Holiday Season. Sincerely, RWM:ds Enc..;TV y.f Robert V7. Marshlow ». l-* •.« n ' ' " ' Xv • />. - " •^-"-i» *v ' f iJi ir ' r S^- 'A f ?■v * M- f .t ^ n ' ^60. (ri\6o, O® fio.n » •rt "* * % f i i lA * "1- f 2. ti jV^L f t ' ' ^ •• A n*«^' :•/>* • « V i"' #v i 'Vi' «-:iv*<•1. •! «:*-5 »••»•.. t '%fii i'"- , •:,*-j¥''.V4i',K'-'-.' < X V I y -sc STKBS. GAIJ:.0WAT «fc DIBCEMAX ▲TTOHNKT8 ANT> OOI7KSEEXORS AT ZA.W ISO BROAD WAT NEW TORK. N. T. 10005 September 12, 1975 TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK File G-1591 RWM TO STXBS, OADZ.OWAT * DIKE3dAN on. FOR legal services in connection with drafting of various papers for the creation of the following town improvement districts, including bond resolutions for financing the improvements therefor, heretofore dissolved, and services in connection with such dissolution proceedings and preparation of proceedings for the sale of $2,876,000 serial bonds, discontinued in connection with such dissolution proceedings: Ellis Hollow Road Sewer District East Ithaca Water District South Hill Sewer District, Nt.#l South Hill Sewer District, Ext.#l South Hill Sewer District, Ext.#2 2nd South Hill Water District, Ext.#l 2nd South Hill Water District, Ext.#2 2nd South Hill Water District, Nt.#2 2nd South Hill Water District, Nt.#l Synder Hill Water District South Hill Sewer District, Nt.#3 Slaterville Road Area Sewer District South Hill Sewer District, Nt.#2 Northeast Sewer District Staie of New York CouNTF OF New York jss.; BILLED: $2,745.00 Robert W. Marshlow ^ of the finn of Sykes, Galloway & Dikeman, in said County, being duly swom, deposes and says that the services charged in the above account have been rendered and that no part thereof has been paid or satisfied. Subscribed and swom to before me this I2th3ay of . September. ,19. .75 ^ n _>• May 1^, 1970 Eastern Heights Association 'P Mrs. 0. A, Valentino 110 Eastern Heights Drive Ithaca, York 14850 Dear Mrs. Valentino: This letter is in response to your request for a letter detail ing the answers I gave at your meeting in Eastern ■'^^eights on your statement dated February 16, 1970. 1, The Town requests that you form a committee to forward to the Town the names of all properties which you believe to be two family. Building Permits are not required unless the exterior structure of a house is changed. Therefore the Town has no way of knov/ing when the status of a house changes. Town Law indicates that we probably can back charge for units not picked up the previous year. Our attorney is checking on this. ■2.. All Eastern Heights land not part of their Phase I sub division is assessed on an acreage basis. Ho new units will occur until they move into Phase II. Even then you willonly pick up 4 units per 2 acres developed. R-15 zoning produces roughly 2.5 houses per acre or 5 units on 2 acreswhich are already assessed 1 unit per 2 acres. 3.a. The amount for construction refers to the cost of leaving water taps off for the houses fronting on SnyderHill Road who were not part of the Eastern Heights Water District. When their extension is made they will reimburse your district. The total cost of installing 22 water connections was $4,567*00. b.Thia is a city charge for checking and supervising equipment. G. Final drawings of the construction job as built. d» Cost of operating the pump station at the Pine Tree Road .Tank that pumps water to the Hungerford Hill Tank. It also includes 25^ of the cost of operating the East State Street Pumping Station whioh supplies water to the Pine Tree Road Tank. 4. Since I did not make out the assessment roll I can not explain the decrease. However there will be no increase in units until Easter Heights moves into phase II of their subdivision. Since we no longer have a Town assessor we will need your help in keeping our rolls up to date. Parti cularly. when a single family home is converted to a two family. Sincerely, Walter J. Schwan Supervisor WJStpp /• :'.fX,:J^- a;-''; .• .-^v-- ... . TOWN OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 May 30th. 1973 ■m^'^ A ■' ■<!*• V v/ » . I f; :■ /::S' Mr. Glen Schmidt % City of Ithaca 108 East Green Street Ithaca, New York Dear Glen: The Ithaca Town Board is willing to sit down with the City and discuss areas of mutual cooperation. We think discussion of consolidation would be a waste of time but we are willing to take a look at it. Let us know when and where you would like to meet. -1 ■• '' I >■ ^ ' .At •' h Iss'HJs Sincerely yours. J Walter J. Schwan Town of Ithaca Supervisor •'.- .V '■; '%' W*-r.>r.'- ' >' • '■:k. '' '7 Vf; ejSTj^S^Sl^Sl* V«l^ . .1 .■•'>' v'*' J Vf-ir^ _. - 'y's ^ '..T-V.., : .H *- ;>•" . '•. ^ /• •■ : :.- m-,^ ■■ ^ •': - WJS/cls . • t. ' • -r-f.'■ ■ - " •■ '• ■^■"■' ' ■ ■ 'M fT** v\y^ ' .' ^ W ' 'y ' L. . h -1» The following is a very quick estimate of the effect of the Town of Ithaca outside the Village of Cayuga Heights merging with the City. All the following figures are for the Town outside the Village. The Town has 32 miles of Town roads and 24 miles of County roads. The County roads and all the bridges would become City roads and bridges. Present Town Budget Expenses that would not change: $ 161,000 Highway 32,000 Fire Contract with City 15,000 Youth Bureau and Coddington Community Center 12,000 Street Lights 6,000 Elections 2,000 Crossing Guards 14,000 Fire Contract with Village-Northeast Town $ 242,000 Total Expenses Income that would remain: 800 Zoning Pees - Building Permits 20,000 Mortgage Tax 1,000 Tax Penalties 4,500 Interest Income 1,900 Dog Licenses 9,000 Pines and Forfeited Bail 850 Franchise Tax 312,000 State Aid at City/capita rate Town Pop. 12,490 X City/capita 25.00 $ 350,050 Total Income $ 108,050 Surplus of Income over Expense * * * I am assuming that this is not surplus income because we have not expanded the Police Department nor the garbage pick-up force nor have we added anything to maintain 24 miles of roads that used to be maintained by the County, I think these three items will use it all up. ' '0^ Present City Tax Rate $17,101 Present City County Tax Rate 10.725 Total City & County Tax $ 27.826/M Present Town Tax Rate $1,908 Present Town Fire Tax Rate .937 Present Town County Tax Rate 4.206 Total Town Tax Rate $ 7.051 Estimated Average Homeowners Benefit Charge for Water and Sewer 3.000 Town Total $ IO.O51 Present City Taxable Assessed Value $ 100,818,^^38 Present Town Taxable Assessed Value 48,328,639 Total Town & City $ 149^3^7^077 Present City Tax Levy $ 1,721,957.00 Less Town's share of Sales Tax 308,513.00 New City Tax Levy $ 1^413,444.00 $1,413,444 ^ $149,347 = $9.46/m County Tax Rate .... 10.725/M $ 20,185/M City Tax Rate (including County) $ 27.826 New City Tax Rate (including County) 2O.I85 NO WAYi Town Tax Rate (including County) IO.O51 New Town Tax Rate (including County) 2O.I85 Adding the Village does not help the situation because their assessed value is only $24,998,433 and their tax rate is $10.87 plus $.335 for the Town or $11,205 + 4.20 County = $15,405. Walter J. Schwan Present City Tax Rate $17,101 Present City County Tax Rate 10.723 Total City & County Tax $ 27.826Af Present Town Tax Rate $1,908 Present Town Fire Tax Rate .937 Present Town County Tax Rate 4.206 Total Town Tax Rate $ 7.O5I Estimated Average Homeowners Benefit Charge for Water and Sewer 3.000 Town Total $ IO.O51 Present City Taxable Assessed Value $ 100,818,^38 Present Town Taxable Assessed Value , 48,328,639 Total Town & City $ i4q,347,077 Present City Tax Levy $ 1,721,957.00 Less Town's share of Sales Tax 3QB,313.00 New City Tax Levy $ 1,413,444,00 $1,413,444 ^ $149,347 = $o.46/m County Tax Rate ,,,. 10.723./M $ 20.183/M City Tax Rate (including County) $ 27.826 New City Tax Rate (including County) 20.185 NO WAYJ Town Tax Rate (Including County) 10,051 New Town Tax Rate (including County) 20,183 Aiding the Village does not help the situation because their assessed value is only $24,908,433 and their tax rate is $10,87 plus $.335 for the Town or $11,203 + 4.20 County - $15,405. Walter J. Schwan The following Is a very quick estimate of the effect of the Town of Ithaca outside the Village of Cayuga Heights merging with the City. All the following figures are for the Town outside the Village. The Town has 32 miles of Town roads and 24 miles of County roads. The County roads and all the bridges would become City roads and bridges. Present Town Budget Expenses that would not change: $ 161,000 Highway 32,000 Fire Contract with City 15,000 Youth Bureau and Coddington Community Center 12,000 Street Lights 6,000 Elections 2,000 Crossing Guards l4,000 Fire Contract with Village-Northeast Town $ 242,000 Total Expenses Income that would remain: ROO Zoning Fees - Building Permits 20,000 Mortgage Tax 1,000 Tax Penalties 4,500 Interest Income 1,900 Dog Licenses 9,000 Fines and Forfeited Bail 850 Franchise Tax 312,000 State Aid at City/capita rate Town Pop. 12,490 X City/capita 25.00 $ 350,050 Total Income $ 108,050 Surplus of Income over Expense * * * I am assuming that this is not surplus income because we have not expanded the Police Department nor the garbage pick-up force nor have we added anything to maintain 24 miles of roads that used to be maintained by the County. I think these three items will use it all up. r I r| CITY OF ITHACA TOMPKINS COUNTY ITHACA. NEW YORK lABSO TELEPHONE: 272-1713 oppiee OP THB MAYOR CODE 607 September 25, 1973 Mr. W^ter J. Schwan, Supervisor Town of Ithaca 108 East Green Street Ithaca, New York IU85O Dear Walter: The Board of Fire Ccanmissioners of the City of Ithaca has reccanmended that the City's Contract with the Town of Ithaca for fire protection be renegotiated in terms of (l) the price of the contract, (2) that part of the contract dealing with a single engine response, and (3) the question of a valid directory for the area. This action was supported by the Common Council and this letter is to officially notify you that the City of Ithaca wants to renegotiate the contract that will be effective on January 1, 19T^> It is my understanding that a 90 day notice for this is required. The Executive Committee of Coniaon Council has been designated to handle this matter. When you are ready to discuss this please call Glen H. Schmidt, Chairman of the Ccramittee, to arrange a meeting for this purpose. Sincerely yours, Edward J. Conley EJC:cp cc: Glen H. Schmidt MEMORANDUM TOWX OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 TO: Andrew McElwee Noel Desch Victor Del Rosso Robert Powers FROM: Walter J. Schwan RE: City of Ithaca Fire Protection DATE: May 21st, 1974 Enclosed please find a copy of the City of Ithaca's Fire Protection Budget for 1971 through 1973, a copy of assessed value figures for area of the Town protected by the Village and City, and also a copy of the existing fire protection contract with the City of Ithaca. The City has two ladder trucks and six engine pumper trucks. The underwriters requires the City to have two ladder trucks and five engine pumper trucks for their own fire protection. The sixth engine is required because of their contract with tne Town. The City tax rate for fire service is approximately $6,0n/M. The Town fire rate for 1973 was .937/M and the present 1974 fire rate is 1.4619/M. We appropriated $60,000.00 for the City Fire Contract for 1974 and that was an increase of $28,018,00 from 1973. The City is still talking about a $100,000,00 figure for the Town of Ithaca's Fire Protection Contract. Using 1974 taxable assessed valuation the fire rate for the Town would be 2.305/M, $13,500.(1974 Pmt. Village) 15,040,760 (Town non-exempt area -Village) $100,000.(1974 Proposed Pmt. City) 34,184,919 (Town " area protected bv City) $113,500, Total Payments ¨ 49,225,679 - 2.305/M TOWN FIRE RATE. Then obviously the problem is contracting with a completely voluntary outfit for part of the Town and contracting for the rest of the Town where they have a paid staff. Schmidt and Slattery are trying to justify the $100,000.00 figure by using a comparison of fire tax rates. They are ignoring the fact that their own fire under writers requirements mandate seven trucks and can see only in their opinion that the Town is getting a good deai, NUTS. Walter J. Schwan WJS/cls -of* <u-« t '««• s 4 » 8 9 10 11 17 17 14 15 l« f 19 70 2) ?7 73 74 75 M Ciw/tcaz ArJiiiJQ joi ;UoL>^A4i,VxaiCLg. flio ^r/tM ' 3«a. ^4//4«/wc- 3o^ C4.o7/74>o<;- 309 (?jW 07L. 3iC__QAf^Ci4:-iX^^^ .lJ_3A —ll—i - i i i T- 1 li I : :"" 3va ^0/ - Voa V// pAifjrt*^ ^1$ >5fo/^^>trY ^^4t^rs^dfiKC V33 T/3At/£c f- yw /ipv'^&tn^d^JO- V34 J>t/J^,P/£A^i2£AjMt^¥--AdtU^ 4-,35^J0 - Q^XiiU, es^ /iAJJ^JfU' .j. - ,t'-'.- -• .;.^8 79 JO 3t 47 44 34 35 '4 ^J> 36 39 40 // -r- -LiUi oi i_Lj_,53i T—-i iSsx— -r'P LD Mf.,Q LauA Saaa izy-i-V --My,70 L. -i ; TOWN OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 FIRE PROTECTION BY VILLAGE OF CAYUGA HEIGHTS FIRE PROTECTION BY CITY OF ITHACA Village non-exempt assessed value Village exempt assessed value - 25,054,212 - 2,168,270 Town of Ithaca non-exempt area protected by Village - 15,040,760 Town of Ithaca exempt area protected by Village - 5,424,560 Total Town of Ithaca (without Village) non-exempt Total Tov/n of Ithaca (without Village) exempt Total Tov/n of Ithaca (with Village) non-exempt Total Town of Ithaca (with Village) exempt TOTAL VILLAGE FIRE DEPT. BUDGET (1973) TOWN'S SHARE IN BUDGET (1973) Percentage - Wages Percentage - Equipment - 49,225,679 - 71,918,800 - 74,279,891 - 74,087,070 -$31 ,847.01 -$14,112.00 Town of Ithaca non-exempt area protected by City Town of Ithaca exemot area protected by City TOTAL CITY OF ITflACA FIRE DEPT. BUDGET (1973) TOWN'S SHARE IN BUDGET Percentage - Wages Percentage - Equipment - 34,184,919 . 66,494,240 -$616,741.00 -$ 31 ,982.00 - BQ% - 12% Note: There is no difference in fire insurance rates. MAN D. FREEMAN ATTORNEY AT LAW (AVINOB BANK BLDO. HACA. NEW YORK THIS AGHSSMSHT liAIE oa this da7 of Ma/ b/ and batween tha BOAHB OF PII13 W? ISSIOTTEns of tha City of Ithaca, Tompklna County, Xork (harclnafter referrad to ta tha "Eoard'*), psrty of the flrat part, end ?:i2 BGAliD OF TrvHi TO.'/H OP X""-HACA (h^?reinaftor mfarrod to aa tha "Town"), ceting oa and for tha Flra Protection District of the eaid Towa» WITHESSSTHl W5l£-13AS, the party of the first part Is the govomiru; Board of the Municipal Fire Popartmcnt of the City of Ithaca, and has under its control and custody the personnel and fire fighting o<jiiipsacnt of said dopartfflaat, and h"inr3^'i3, tharo has been duly ostabllahod in said Town a fire protection district knoim as "Town of Ithaaa Fire Protoction tiirt-riet" Cinbracing all of tho bsrritoiy in said Town, except the Village of Coyuga Hoights, and WKia£Ad, following a public hearing Ally held, the said Town -rag duly aut>ioriK€d to contract with the party of the first part for fire protection tc the portion of said district hcrclnaftor doflnod upon the t.^rrui and provisions herein sot forth, :'Cl/ THHH-ilFORg, 1? IB ?r:TTIALU A3 FGDL01A5| 1« The Board agroos that, except as othorwlse ht?roinaftor United, one engine canpany will respond to any elam of fire in. the poHion of said 7iro Protoction Distriot, definod as foUcuei .111 of the ?own of Ithaca excepting the follo'..dng araaa, to wlti (a) The Village of Gayuga Maightaj (b) rno area coraprlaln.p tdl of tlio t^irrltory lying b^tveon the oast boindary of the Villa~e of tloights, md tho oast boundary of tha "own of Ithaca; (c) The of Foiv:iii Uoue e:ralujiv9 of the strucbu'o housing the Cornoll University -Mltr-ntlcn VXi^nt (sec axcis iticns cv.tlluoU in rod on autachod to t!'*.o fire nro'.-rct.lon a;,r-'jevioat botveon tho portioa hereto covering the years 1960 aoii 19-1, tad nada a part of this «u:roe3ont)» / ^ RMAN D. FREEMAN ATTORNEY AT LAW •AVINO* SANK SLDS. THACA. NEW YORK 2, When doeraed neoosssTy or adrlaablo hy tho ohiof or ogsiotant clilef of the department, fiddltional apparatus will be furnished. To aid in the djeterrdaation of hydrnnt looatlona with rcferenca to perticular filaras, the Town agrees to furnish to tho Board and koop up to date, c of all areas having hydrant servlco, showing hydrant locations, normal hydrant pressure, streets and hi/iJiwaya, location of improvod properties and tha Idantlty of the owner thereof. The Dopaxtmant shall be en^itlsf^ to roly on such map and -hfliT not be responsible for any laaccuraclos therein, 3, In tha oveat of a serious conflagration or other esiergoney Trithin the City of Ithaca or other aroa to wMch fire protootioa le rondered, .-irxin-f* which it shall be unsafe in tha Judgr^ent of tho Chief, Assistant Ghiof, or other poraon in chaise of tho fire departmoat, to send laoa or ©quipaont in answer to any slara In said town, tha departcient shall not be obllretod to answer sueh cell, to tho end that under isuoh unusual clrouns ^iuicas, adoquato protection for persona and property in the city nay be paroservBd, and no liability of any kind shall arlao out of the refusal or failure of the department to answer suoh alarm xmder these conditions, A, Tlio Town arreos to psy to tho Board lii« sum of i'irtsen Thousand ?iyo Hundred lollars (bl6,500,00) for the year ending i:-ooGmber 31, 196A, which figure is agreed to bo the Town's shrx® of ths 1963 actual expenditures of tha dsportnent as reported to the Mow fork State Cos^troller In the 1963 annuol report of tha Fire Dopartaont of tha City of Ithaca, Such payaoat to be aade eoaoxuTcntly with the errcutlwi of this rgroemcat, Tlie Town agre^^s to pay to the Board the sua of Sixteen Thousand Five Hundred Dollars (416,500.00) for tho year 1965, payable on or before the l3t day of Juno, 19r,5, For the year X94>6 and thsroaftor, uia 'own a^roQa to pay to tha ijocrd yearly, on or boj'oro tha lat day of Juno of each suid cveiy j^ar, cn anouat equal to the citount payable tinder this ssction lor tho precoeding year, increased or decreased by a pei*centage equal to the porcontage by which tha actual yearly «?q>cndituro3 of the i>:pr.rii i-nt increased or decreased, reapectively, kctwaan the third year and tho second yoar prior to tha year ia quaatlon (I.e. tho 1967 poysoat wuld bo Sixteen Thouoand riTO Itodrod L-cllcxs 16,500.00) plua or =iinU3 a firuro equal to the percontaae inci-oaae of tho actual expanditures of the Depai-t loat iron RMAN D. FREEMAN ATTORNEY AT LAW «AViN6B BANK BLOB. THACA. NEW YORK to 1965} tho 196^ p«iy:arat weald be o?mal to tho 1967 paycw^nt pliis or nimia a fi.suro ocjual to thcndltur3s" sLolI fficaa thoao itoiia listed In tho iinnual report of tho City ControUor to tc»9 9tate of Vqv Tork T'Cport^cnt of riUviit and Control lander "Flro Fi^htinjg; Force" plus retii'oniQnt and vaire tax costs attributaole to Th^e /iUnicipsl Fire Departriont, Xt shall not include cars and ranlntonar.cs of builCXj-.ii'S founds nor ceoital oxnondlturos relatlyo to buildin -s and .^rounds# 5* The conaidaratlon aforesaid shall cover and Include cocticnaaeioa to the City for the e?!piHise incmrred in the <^ersvloR of fire apparatus or other equipcwnt anavoriag a call for asaistanesj iisclYidlnr the cost of any natoriels ua3d in ecnnaotloa with such cell} but tl\:j Vown also a::i*oe3 to rcinjbursa the City for all loss or darAge to such app!U*atU3 or other ^cjulpDoat incurred in answering such call, provided notics Is 'is rsquli^sc^ b,/ Joctlon ^09 of the C-enoral Jluiieipal Law# 6, The Town acknowledged its liability under Sootioa 205 of ti» uoneral Municipal Law, to the extent and upon ths ooaditioas thorain provided, for payments to or on account of laJiUTlea to monbot^s of the Ithaca Fire department i^iile anewcrin^ such eaUej and it also as^uaos and £.-:re93 to pay for ell dania.goa to t>ie perr:on or property of tliird p;nv-cei3 ovoixring while enawarinf? such caila, for wliich tho City is liable to oh5 jx^crt that such liability is not covered by iauuranco carried by tiie City» In !;.}ii3 connscticn, who City will keep the Tov/n Supervisor inforaod of any chojifjoj in its liability insurance oovcrei^eB 7, This a^presaont shall continue for a period of five years from the date of final approval and axDcutlon heiisof and shall be auto-iatiealiy extended i'or rdditiorrl one year porlods under the some torxs e.nl coniiltioas ccntainsd herein ijnl9.:is eitiicr painty haroLo i;vriyj to ot./^r pai-t-y irrltten iiotico at loast VO djjys prior to the ^anivsvoniy uabo lioreto# t „ C# ;^cthin:7 jiaroia coatoiiied shfi!'-! bo decned to lir^lt in 'Uiy Vfty t^ty right of wha Borjrd, Uio Ci-y or t.ny uxihor of the Itluiou x'iro i.opartnont provided by the general statutes of the State of Kev xork* RMAN D. FREEMAN ATTORNEY AT LAW SAVINOS BANK BLOO. THACA. NEW YORK 9, It l8 gpeolflcally uadarstood end ecroad that thd tMsihoT of man and tha nntura of equiyajont dlopotohed In anmwr to a firo call, tha nannar of flchtlng the flw, and othsp opomtlona upon tho Goona of tha firo, era r^ttors within tha Jaagoaat Chief and other officers of tha Ithcca Fire Dopartmsnt, and there shall be no liability or responsibility whr-toTsr upon tho Board or the City of Ithaca for any failure, aot or or!l32i.on in cc'nni>ctioii therc\/ith» 10b 'i'Hd wsria "Ghior* end "Asalatsnt Chif?!" ohall tieaa thd persons duly sppolntod to those ofilccs in tha Ithaca Fire loparteeat ty tha Board, and shall Include any porscn tc^iporarily acting in a al'iilar capacity hy eathorlty of the Board or of the Chief or Aasiatt^nt Chief, The tcriE "Firo Alnna Oporetor" ehaU laoan tho nenber of tiie Fii'o Dopartment cperntln? tho fire alara desk and roceiTing the alaia of firo» 11, Tha party of tho socond port heroin agreos to pay orer unto tho party of tho first part the pcraor:tage collected by t>r rec^irod by the Toun frcsn foreign Ins'jnmoe conpaniea vriting property inntir:;nae in the oroa protected for tho benefit of tho Ithaca Volunteer FiroaenU Relief Fund, 12b The Town agrees that If any part of the Tcua granted firs protection eorrlcs under this Agreement is anncjced by tho City of Ithaca during tera of this Agreaiient, the teras of this AgrsoEsnt shall rcuEin In full forco and effect for the rcniaining area of asdd Tcr-m until Oeoeiaber 31 of tho year in which such annexation shall take pl^e, at which tl-se this contract ahall teminato end r.'-.ny be rsnegotiat^id et the rsquast of either pwty, XH WI'r?ISS3 WK'iFEOF, the parties hereto have cav.-soa this Tn3trur:^"?nt to be executed by their duly autrorisod officers aa of the day and yocr first above written. GITI 07 ITFJiCA At^provcd cr the Gc:::<ion Council Byi of tha Git/ of Ithaca* Datet ) m Bis Ohaiman-Loard of . ira uo::'::u.::oxonor3 GiV TOwH ITllACA Aoprovod by tho Tovti Board of tho Town of Itlaac.3u iatoi BYi BXi Town Clerk ^ ■! TOWN m nUACA lot lAH MM nm nrHACA, NMr YORK January llth, 1973 Mayor Fred MarchamVMlage of Cayuga Heights Office 836 Hanshaw Road Ithaca, New Yort 14850 Dear Fred: appropHat^"thI Iromt thrvnilge Tor ^973 "hIntention of buying a flre truck of\und1n"^?irrhoLe. "" AttomVSra^Tth^^U^e'r: ?ont:ac^(^r Tdiscussed over a year ago^ We™ L"?gu\^an?er:s"a.ucV:r;iu"S:!'' Is reLJ^flr' s?5Ltire ""tract Sincerely yours, Walter J. SchwanTown of Ithaca Supervisor ■I WJS/cls ft '' fAifi c/jLi/o) CU*-a^ fS'?.ao CITY OF ITHACA TOMPKiNS COUNTY ITHACA, NKW YORK 1ABBO OP^iC# TMB TBLBPHONBs ARa-iytS CONTROLLER CODS 607 October ik^ 1970 Mr, Walter Schvann, Si^ervlsor Town of Ithaca 108 E. Green Street Ithaca, New York Dear Mr. Schvann: It is the desire of the Mayor and the Fire Chief to renegotiate the Fire Contract between the City of Ithaca and the Town of Ithaca, In accordance with Article T of the Contrcict, either party must give written notice to the other party at least 90 days prior to the anniversary date of the con tract which is May 6th. However, we feel that the renegotiations should result in a substantial increase in the amount charged the Town of Ithaca dxie to rising costs and it would be unfair to the Town to attempt renegotiations so close to your Budget adoption date. Therefore, we are willing to operate one more year under the existing terms of the Contract with the idea of commencing ne gotiations for future years. In accordance with paragraph k of the agreement, the amount of $25,959 will be charged to the Town of Ithaca for Fire Protection Services for 1971. This amount was confuted as follows: Walter Schwann "2- Octoter 1^, 1970 Third Prior Year (1968) Fire Fighting Force Expenditiires $ Ult6,086 Retirement, S.S., & Hospw Ins, 87,36^ $ 533,^*50 Second Prior Year (1969) Fire Fighting Force Expenditure ^^5,986 Retirement, S.S., & Hosp, Ins, 113>005 $ 558,991 Increase of second over third $ 25,5^1 of Increase 1^.8 1970 Payment $::2H,770 Increase ($ 2^^,770 x 4,8^) _ 1971 Payment 25,959 In accordance vith the agreement, this amount is due and payable on or before June 1, 1971. Yours truly, /John L, Russell City Controller JLR/cg " -v. .i: .K'^ ^ t vr rW ■» Office Hours 9 A.M. ' 4 P.M. VILUGE OF CAYUGA HEIGHTS 836 HANSHAW ROAD ITHACA, N.Y. 14850 Telephone 607-257-1238 December 26, 1972 ■4 ^ ••*•'■-- ^ *h i' !<&• Walter Schwan Supervisor Town of Ithaca 108 East Green Street Ithaca, New York ll»850 Dear Walter: We are in the last stages of c<»5)leting the terms of the fire contract and we expect to pass it on to you before the end of this year. The Board thought it appropriate for me to ask you to let us have a letter, showing your intent to use the services of our fire department after December 31, 1972, so that we may be covered during the period prior to your signing it for the Town. Yours sincerely. — FrT?nfer Cham "yD"C. Mayor ■- PGM:ht OtTC^. V-' '-.v- "■.^- •.■.■-'■'it mm HEIGHTS FIRE HEPARTMEKT 194 PLEASANT GROVE ROAD ITHACA. NEW YORK Viaroh 12,1971^ Mr. Walter Schwan,Supervisor Town of Ithaca 108 E. Green Street Ithaca, N.Y. Dear Walter, At the last meeting of the fire council fire protection afforded to certain areas of Forest Home was discussed. The council is concerned since the posted limits on the bridges in Forest Home prohibit our 10 & 12 ton apparatus from using them. This means that response to areas on the far side of these bridges must be made over one of these routes; in the case of the lower bridge Triphammer Eoad to Forest Home D^ive and then back to Forest Home, in the case of the upper bridgeHanshaw Road to the Freeze Road to Varna and then back to Forest Home. Since this increases response time to an unacceptable level, some time ago we made temporary arrangements with the Ithaca Fire Department and the Varna Fire Department to cover the areas they can respond to more quickly than we. This arrangement also results in delayed response since after receiving the alarm we also have to notify the other department. Both of these departments have been most cooperative and the arrangement has operated in one or two instances. The fire council feels that we cannot continue to impose on our neighbors indefinetly. We strongly urge that the matter of the bridges in Forest Home be resolved and if it is determined not to improve the bridges,for the Town of Ithaca to consider contracts with departments which are able to respond in a more reasonable time,for the areas to which we cannot directly respond because of the posted bridges. Sincerely, w Ned G, Boioe,Chief HELP PREVENT FIRES > f i ' VILLAGE OF CAYUGA HEIGHTS 836 HANSHAW ROAD ITHACA. N. Y. 148SO September 22, 1971 Walter Schvan, Supervisor Town of Ithaca 108 East Green Street Ithaca, Hew York 1^850 Dear Walt: It is Fire Protection Contract time fligain, at least to begin negotia tions . Fire Chief Boice has requested the following information which I hope you can furnish me: 1. The TOTAL Valuation of the Fire Protection Districts 2. The Total amount of EXIMPT property new schools in cluded in these districts 3. If possible, the population as of the latest census for these districts To refresh your memory, here is a copy of the Resolution passed at a Board meeting held Hovember l6, 1970. RESOLUTIOH 1751 - TOWN OF ITHACA FIRE PROTECTION CONTOACT VOTED to authorize the Attorney to draw up a contract with the Town of Ithaca for fire protection in the present Fire Protection Districts for the calendar year 1971 in the amoimt of $8,960 with a no renewal clause included. A new long term contract to be negotiated after this year. « » « Sincerely, Rose M. Tierney Village Clerk -^0 MEMORANDUM TOWN OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK . , 14850 TO: . Andrew McElwee Noel Desch Victor Del Rosso Robert Powers FROM: Walter J, Schwan RE: City of Ithaca Fire Protection DATE: May 21st, 1974' Enclosed please find a copy of the City of Ithaca's Fire Protection Budget for 1971 through 1973, a copy of assessed value figures for area of the Town protected by the Village and City, and also a copy of the existing fire protection contract with the City of Ithaca. -The"City has two ladder trucks and six engine pumper trucks. The underwriters requires the City to have two ladder trucks and five engine pumper trucks for their own fire protection. The sixth engine is required because of their contract with the Town. • , The City tax rate for fire service is approximately $6.00/M. The Town fire rate for 1973 was .937/M and the present 1974 fire fate is 1.4619/M. We appropriated $60,000.00 for the" City Fire Contract for 1974 and that was an increase of $28,018.00 from 1973. The City is still talking about a $100,000.00 figure for the Town of Ithaca's Fire Protection Contract. Using 1974 taxable assessed valuation the fire rate for the Tox<m would be 2.305/M. $13,500.(1974 Pmt. Village) 15,040,760 (Toira non-exempt area -Village) $100,000.(1974 Proposed Pmt. City) . 34,184,919 (Town " area protected by City) $113,500. Total Payments 4- 49.225,679 - 2.305/M T0T7N FIRE RATE. Then obviously the problem is contracting with a completely voluntary outfit for part of the Town and contracting for the rest of the Town where they have a paid staff. , Schmidt and Slattery are trying to justify the $100,000.00 figure by using a comparison of fire tax rates. They are ignoring the fact that their own fire under writers requirements mandate seven trucks and can see only in tb^ir opinion that the Town is getting a good deal, NUTS. Walter J. Schwan WJS/cls CITY OF ITHACA TOMPKINS COUNTY ITHACA. NEW YORK 14850 TELEPHONE: 272*1713 CODE 607 January 25, 1974 Mr, Walter J. Schwan Supervisor, Town of Ithaca 108 East Green Street Ithaca, New York 14850 Dear Walt: Many of the problems facing our respective communities seem quite similar in nature. It would seem an approach to the solution to some of these mutual problems would be best handled on an inter-municipal basis, Our recent negotiations with the Town of Ithaca to provide fire protection to the Town has brought to our attention the need for increased protection in the South Hill and West Hill areas. y\sy our conmittee meet with you in the near future to discuss this matter? Sincerely, Donald J. ^^ttery Chairman, Intergovernmental Committee DJSicp VILLAGE OF CAYUGA HEIGHTS Office Hours 836 HANSHAW ROAD Telephone 9 A.M. - 4 P.M. ' ITHACA, N.Y. 14850 607-257-1238 January 18, 1973 Mr. Walter Schwan Supervisor, Town of Ithaca 108 East'Green Street "" * ' , Ithaca, New York ll|850 Dear Walter; In response to your suggestion in your last letter to me I raised with the Board your, proposal that the Fire Contract he negotiated for a period of not less than 10 years. We discussed the contract already drawn up by Mr. Sovocool. This provides for a 5 year period with the option open to you to renew the contract for another 5 years. The contract also provides that at this point of renewal there will be opportunity to reconsider the formula which operates in the first 5 years. We inserted this clause because we thought you might msh after 5 years to deal in a new way with questions relating for exauiple^ to exempt properties. Please let me have your comments and I will relay them to the Board. Yours sincerely. F.' G". Marcham Mayor FGM:ht . A - May 24, 1971 tir, Walter Schwan Chainsan - Town of Ithaca Board 16 Muriel Street Ithaca, New York 14950 Dear Mr. Schwan: I was pleased with the opportunity to meet with the Town of Ithaca Planning Board Wednesday nlcht to discuss traffic control plans relating to tlifi opening of the two new junior high schools in Sopteifibcr. Further inforcxation in reduced speed ssones was obtained from Kcward Steven-3on Thursday morning. He pointed out that the Stato Department of Transportation can actually set a speed limit as low as 15 n.p.h. on East Shore Driva, if conditions warrant. This would be in effect only while a school guard is on duty. This possibility we shall pursue %#ith Mr. Ames when he cor.ies to Ithaca for the traffic light study. Also, after talking with Mrs. Holcor.xb Thursday rcming we have decided to contact Mr. Dingman in regard to the establishment of a 15 m.p.h. scjxooI 2ono between Kline Eoad and Rosemary Lane on Lal<e Street, just inside of the Ci^. This would tend to slow down vehicular traffic along the Lake Street-East Shore Drive stretch now \inder discussion. This point will be of interest too, I think. V7e shall construct the wallway on the east side of Cayuga Street, the entire distance froa the "Downtown" Junior High School right up to the high school campus sidewalk which runs parallel to Cayuga Street for about 100 yards, north from the bridge. This should keen all students off Cayuga Street. Furthercoro, tlie pupils who live on Rer.wick Flace will be able to exit from that street, at tho norti end, and walk directly across Bast Shore Drive onto a sidewalk leading to the junior high cafeteria. In view of Wednesday night's discussion may we assume that next year the Totfn of Itdiaca v/ill continue to provide the two school guards now at Northeast and also on© whore Renwick Drive meets East Shore Drive? Your reply will be appreciated. 1 Hr. Walter Schwan - 2 -May 24, 1371 I shall keep in touch vith you, as necessary, as wo proceed with the traffic control pleinning. Pleass call ess at any tine if you have suggestions or questions. Sincerely yours. Leonard C. Buyse Assistant Superintendent liCDibc CC: Wrs. Barbara Kolcomb Mr. Willian Hafonaalz Kr. C. L, /iT.sa Mr. Robert Dingrisn Mr. Hcward Stevenson Dr. Roger W, Bardwsll Mr, Paul Butler Mr. L. Williaa Banner 1 ■' ' 0 1'j.^-- . . ...o- ' ■ August 13, 1971 Mr* David I. Shub, Regional Planning Engineer Re^on 3 ■ New York State Department of Transportation 333 East Washington Street ■Syracuse, New York 13201 . ' - Dear Mr* Shub: The Town of Ithaca considers the completion of Route 13 from Robert Treman Park to Dey Street and the. leg up Route 96 to the Tompklns County Hospital to be the No* 1 priority item for this area* We vjould allocate Priority No. 2 to grade separation at Triphammer and Warren Road on Route 13. Priority No. 3 would be the proposed -loop road-with Stage I the piece froni Ellis Hollow Road to Hanshaw Road.' The 'iowesv'ipriorlty would be assigned to' Route 13to Cortland, Route ^13 to Elmira, and 96 and 3^ South, in that order. Yours very truly. Walter J. Schvjan Town Supervisor WIS/elb NEW YORK STATE DEPARTMENT OF TRANSPORTATION Region 3 OHIce: 333 East Washington Street, Syracuse, New York 13202 File: Exclusion Series Tcm^kins County S.H. 483 Case No. 3720049 January 24> 1972 Mr. .Walter J. Schwan Supervisor, Toign of Ithaca ICS East Green Street Ithaca, New York I485O Dear Sir: This concerns the Resolution adopted by the Town Board requesting that the State review Route 79 with the possibility of prohibiting trucks over ten tons • A review of the Route 79 traffic was recently con^leted by this office. It was found that in the past four years only three accidents involving trucks have occurred on Route 79 from Ithaca easterly. The last truck accident, which resulted from faulty brakes, is included in the three. These acci dents do not indicate an unordinary situation. Also, several trucking companies that operate in the area were contacted to see if they specifically route their trucks over Route 79. Their replies indicated that they avoid using Route 79 except for a local delivery. The companies also agreed to give special attention to not routing their vehicles over Route 79. The State Police, idio-participated in the review^ are keeping-a-surveillance on Route 79 with respects to the truck traffic. They are watching for any violations "of the Vehicle and Traffic Laws. •Establishment of a truck prohibition does not appear justified for this location. Your interest in this matter is appreciated, and it is regretted that the request must be denied. Very truly yours, E. E. TOWLSON Regional Director of Transportation C. L. AMES Regional Traffic Engineer GLA:CT:amd cc: W. G. Galloway Sgt. E, Mathewson Cornell University * College of Engineering DEPARTMENT OF ENVIRONMENTAL SYSTEMS ENGINEERING HOLLISTER HALL, ITHACA, NEW YORK 14850 SECTION ON PUBLIC SYSTEMS PLANNING AND ANALYSIS September 22, 1972 Dear . At the suggestion of Mayor Conley, of the City of Ithaca, and Mr. Liguori, Planning Commissioner of Tompkins County, we are sending you this copy of a draft of a research proposal concerning mass transportation in Tompkins County. This proposal is to be submitted by Cornell University to a new Program for University Research of the U.S. Department of Transportation. Mr. Liguori is in the process of calling a joint meeting between the Policy Coordinating Committee and the Technical Ad visory Subcommittee of the Ithaca Area Transportation Study. One of the items to be discussed at this meeting is this proposal, and we are sending this proposal to you so that you may have the opportunity to inform yourself about it before the meeting. If you have any questions about this proposal, please call one of us at (607) 256-4896. Yours sincerely, Amim H. Meyburg Assistant Professor Peter R. Stopher Associate Professor AHM/PRS/mkp f| '*ijb CITY OF ITHACA TOMPKINS COUNTY ITHAOAt NEW YORK 14850 OFFICB OP TMS MAYOR TELEPHONE; 272-1713 CODE607 February 15, 1973 Mr. Walter Schwan, Supervisor Town of Ithaca 108 East Green Street Ithaca, New York 14850 Dear Mr. Schwan: Residents of the City of Ithaca are becoming Increasingly concerned about the congested traffic In the west end of the city due to the existence of only one bridge over Cayuga Inlet. The City of Ithaca Common Council passed the following resolution on February 7, 1973: "WHEREAS, the presence of one major bridge over Cayuga Inlet presents serious traffic congestion In the west end of the city, and WHEREAS, the consulting firm of the Tompkins County Board of Representatives has recommended the construction of a new hospital at the present site, thus lncrea~ sing the necessity of adequate access to West Hi ll In the future, therefore be it RESOLVED THAT, the Common Counci l direct its Executive Committee to work with other municipalities and agencies to encourage the Department of Transportation to consider a second bridge over Cayuga Inlet, BE IT FURTHER RESOLVED THAT, the Common Council In this action Indicate Its grave dissatisfaction with the existence of one bridge over Cayuga Inlet brought about by the relocation of the Inlet and rerouting of Highways 89 and 96, BE IT FURTHER RESOLVED THAT, these resolutions be sent to the State Department of Transportation and to the Honorable Constance Cook and Honorable William T* Smith and that we beseech Assemblywoman Cook and Senator Smith to help this city to obtain a solution to this Intolerable situation." Since the problem affects much of the travel within the Town of Ithaca, we would appreciate any help. Insights, suggestions and cooperation that the Town can offer to help the City overcome this problem. V i /' Sincerely yours, 1^ EJC/mlb Edward Mayor NEW YORK STATE DEPARTMENT OF TRANSPORTATION Raymond T. Schuler. Commissioner Region 3 Office: 333 East Wastiington Street, Syracuse. New York 13202 February 22, 1973 Mr. Walter J. Schwan, Supervisor Town of Ithaca 108 East Green Street Ithaca, New lork 1^850 Dear Mr. Schwan: 7^ Your letter of February 9, 1973 To 0. L. Ames concerning Forest Home Bridge The only answer possible to your referenced letter must be that the structure will be opened at the earliest possible moment. Work progressed to the point where we hope to be putting the open steel flooring back this coming week, and we should be able to open it to traffic shortly thereafter. Very truly yours, *• J. 0. CLINTEMAN Regional Highway Maintenance Engineer W. WINSLOW Regional Bridge Maintenance Engineer JOC:FrfW:AB a-! February 95 1973 Mr. C. L. Ames Regional Director of Transportation Region 3 Hew York State Department of Transportation 333 Sast Washington Street Syracuse, New York 13202 Re: Forest Home Bridge Route 392 Tovm of Ithaca Dear Mr. Ames: For some time the To&yn Board and I, as Supervisor, have been receiving considerable agitation and numbeooos requests from the residents of the Town about the status of the Forest Home Bridge and its completion date. Would you please forv/ard at your earliest convenience information as to where x^e stand in this matter. It was our hope that this Bridge would be open by Christmas of 1972, Yours very truly Walter J. Schwan Supervisor WJS/nf CORNELL UNIVERSITY 300 Day Hall Ithaca, N. Y. 14850 Office of the President April 2, 1973 Mr. Walter Schwan, Chairman Town Board - Town of Ithaca 108 East Green Street Ithaca, NY 14850 Dear Mr. Schwan: The Cornell Safety Division conducted a survey to ascertain if there is an excessive amount of pedestrian traffic on Pleasant Grove Road and how the vehicle traffic affects the pedestrians. As a result of the survey, a reduction in the speed limit from 55 mph to 30 mph and the posting of "No Parking" and "Pedestrian Walk" signs where appropriate were recommended. Pedestrian traffic is heavy between 7:45 and 8:30 in the morning, 12:30 and 1:30 in the afternoon, and 4:30 to 5:30 in the evening. The main problem at these times is people crossing Pleasant Grove Road to the bus stop at the intersection of Jessup Road. Besides this, the Safety Division noted that the parked vehicles on the west side of Pleasant Grove Road near the University "A" lot tend to obscure the vision of motorists exiting from the lot. There is no posted speed limit from the Cayuga Heights line to just south of the Forest Home Bridge. This means that the state limit of 55 mph can and is used by motorists. If a posted speed limit of 30 mph could be set, it would help avoid future accidents. The Safety Division has suggested that "No Parking" signs and a posted speed limit of 30 mph would greatly mitigate a safety hazard. Director of the Safety Division, Lowell T. George, has informed me that there is the possibility that any previous surveys conducted by the state might have occurred at times when there was very little traffic, thereby indi cating that there is no traffic or safety hazard. I wanted to inform you of my concern about this and to ask that the Town Board give consideration to these recommendations. Sincerely, Dale R. Corson President DRC/jmh May 25, 1973 N. Mr. Walter Schwan 108 East Green Street Ithaca, New York 1^50 Gentlemen: The residents of Elm Street Extension, West Haven Road, Coy Glen Road and Valley View Road are requesting a 1+0 mile an hour speed zone to be installed between Haler Boulevard and Valley View Road. The speed limit in this area is now 55 miles per hour. Our reasons are: 1- The corner of West Haven Road and Elm Street Extension is a neighborhood school bus stop. This school year a total of 3® children have been picked up and delivered at different intervals during the school day at this stop. 2- Over the past few years the Poole Road and Sheffield Road areas have developed considerably. The new residents use Elm Street Extension. It has increased traffic considerably. 3- Elm Street Extension is a narrow, hill road without sidewalks. Many children walk or ride bikes on this road in order to play on West Hill Schools playground. U- Many residents are now using Coy Glen Road in order to avoid traveling through the "octopus". The Coy Glen Road and Elm Street Extension intersection is very blind. 5- Residents felt that the "Slow Children At Play" signs gave us some protection. These signs have since been deemed illegal and removed. 6- On May 19, 1973 a car traveling down Elm Street Extension and within the 55 m.p.h, speed limit hit a car coming into the intersection from Coy Glen Road. The impact threw two adults and two children froro the hit vehicle. The car traveling down hill careened into the lawn at 101 West Haven Road tearing up a large lilac bush and smashing into a utility pole. The utility pole was moved six inches and broken in half. Residents feel that if the driver of the car coming down hill had been adhering to a posted i+0 m.p.h. speed the accident, along with any further accidents on Elm Street Extension would not have been so near fatal. We sincerely hope you give our request close consideration. Sincerely submitted, ^ . . NEW YORK STATE ^ DEPARTMENT OF TRANSPORTATION Raymond T. Scholar. CommiMlonar # Region 3 Office: 333 East Washington Street, Syracuse. New York 13202 JUN 8 1973 Mr. Walter Schwan, Supervisor Town of Ithaca l6 Muriel Street Ithaca, New York 1^850 Pear Sirs: Comhination Praft Environmental/ Section 4(f) Statement, Improve ment of Routes 13 and 96, Hewfield Hill to Ithaca to TrumanshurgiN.T. Tompkins County, P.I.N. 3047.04* and 3057.13 The New York State Pepartment of Transportation is planning the improvement of approximately 15 miles of Routes 13 and 9^ from Newfield Hill to Ithaca to Trumanshurg in Tompkins County. The alternative improvements proposed hy the Department have various types and degrees of impact upon the community. We are sending you one (1) copy of this Draft Environmental/Section 4(f) Statement for the ahove project. The information in this report is intended to assist various interested agencies, groups, and individuals in the develop ment of their views on the impacts that the alternative proposals would have on the environment. If To assure that all impacts have heen considered and that studies give full consideration to the views of agencies, public officials, advisory groups, concerned citizens, etc., your views of the subject report are solicited. Please forward your views and comments to me within thirty (30) days. Your comments on the report will subsequently be analyzed and included into a final environmental impact statement to be published by the State Transporta tion Department. Eailure to comment within the specified period will Indicate to us that you have no comments on the report. At a future date a design public hearing will be held to discuss alternative specific alignments within the selected corridor, major design features, and their environmental impacts. Page 2 a^stions relating to the ahove report or the procedures Yery truly yours, JOSEPH M. POWERS Regional Director of Transportation Region #3 Regional Planning Engineer DIS:kes EnCo r July 11, 1973 New York State Department of Transportation 333 East Washington Street > Syracuse, Wew York 13202 ' Attention: Mr. C. L. 'Ames . ' \ n ^sgional Director of Transportation n Region 3 Gentlemen: The Ithaca Town Board has received complaints " traffic control at the intersection i Road and State Route 366 in the Town of Ithaca.The present control consists of "Caution" and "Stop" blinliers requesting a traffic study to determine ifstop lights V70uld be more effective at the intersection. Yours vory truly, Walter J. Schwan Town Supervisor WJS/elb cc: Idr, L^ce Haus Director of Transportation Day Hall Cornell Umkversity Ithaca, New York Sp 2 ADAMS 8: THEISEN ATTORNEYS AND COUNSELORS AT LAW 213-217 SAVINGS BANK BLOG. ITHACA, NEW YORK, lASSO ARMAND L. ADAMS HENRY W. THEISEN TELEPHONE (607J 372-3442 April 4, 1974 Walter Schwan, Town Supervisor Town of Ithaca 108 East Green Street Ithaca, New York 14850 Re: Speed Zone, Elm Street Extension Dear Mr. Schwan: I just received correspondence from Mr. Idzi of the Department of Transportation in Syracuse informing me that on October 18, 1973 a notice of order was filed with the Secretary of State establishing a 40 mile per hour speed limit on Elm Street Extension. According to his letter, the Town of Ithaca was notified in early November, and it is now up to them to post and maintain the speed zone. It is now five months since the Town was notified of the order. It is nearly one year since a group of citizens made their first presentation to the Town of Ithaca at a regular Board meeting. Will you please see to it that the appropriate steps are taken so that the speed limit of 40 miles per hour is posted on Elm Street Extension between Haller Boulevard and Valley View Road and that the Sheriff's Department is aware of the speed change for enforce ment purposes. Thank you in advance for your support in this matter. JAW;pas ly yours. JOHN A. WARD W FILE: Traffic Signals Tompkins County Signals Nos. 8 and 9 Case # 3730119 NEW YORK STATE DEPARTMENT OF TRANSPORTATION Raymond T. Schuler, Commissioner Region 3 Office: 333 East Washington Street, Syracuse, New York 13202 April 11, 1974 Mr. Walter J. Schwan, Town Supervisor Town of Ithaca 108 East Green Street Ithaca, New York 14850 Dear Mr. Schwan: re: Traffic Control Signal on Route 366 at Judd Falls Road, Your letter of 7/ll/73 In checking the traffic volumes at the intersections, it revealed that there has been an increase in traffic. Of the traffic on Judd Falls Road it was found that Q0% or better turn right onto Route 366. There is some congestion caused by traffic on Route 366 turning left onto Judd Falls Road. To help this situation, our Maintenance Forces are planning to widen Route 366 to provide for a separate left turn lane for each intersection along with a through traffic lane. Painted traffic islands will be placed on each approach to Judd Falls Road to place traffic in their proper lane. An analysis of the traffic pattern with respect to signalization resulted in a disfavorable solution. This is due to the geometries of the intersections. Because there is not enough storage space between the intersections, a con^lex controller would be needed to provide each movement with a separate signal phase. This would result in an extremely long cycle and therefore congestion. Retaining the existing flasher type control and making the geometric changes appears to be the correct course to follow at this time. A few years back it mss mentioned that the county was going to close Judd Falls Road to the north. This was to come about v^en the new Cornell U. Drive just easterly was opened to traffic. If through your office Judd Falls Road from the north can be closed, the State will install a signal at Judd Falls Road to the south. With only one intersection a simple type of signal control could be installed and handle the traffic efficiently. ^ V Mr. Walter J. Schwan page 2 April 11, 1974 Your interest in this matter is greatly appreciated. If you have any future need of our services, feel free to contact this office. Very truly yours, JOSEPH M. POWERS Regional Director of Transportation Regional Office ^3 cc: W. G. Galloway Sgt. £• Mathewson H. Stevenson Lance Haus J. £. Shannon NEW YORK STATE DEPARTMENT OF TRANSPORTATION Raymond T. Schuler, Commissioner 1220 Washington Avenue, State Campus, Albany, New York 12226 MAY1013?4 Mr. Walter Schwan, Supervisor Town of Ithaca 108 East Green Street Ithaca, New YorE 14-850 Dear Mr. Schwan; I appreciate the Town Board's January 7, 1974- resolution supporting our plans for the Triphammer Road Interchange. As a result of support such as this from the local government, we decided to progress the project and construction began on February 27, 1974.. We have agreed to include several features in the project to resolve local concerns. Additional pedestrian facilities have been added to the contract, a local group and the Regional Landscape Architect are considering additional landscaping to improve aesthetics, and if the local governments can obtain the required work easements, we will construct common access drives to Triphammer Road. Thank you for giving us your support for this project. By such action, we received the needed assurance that the project had the approval of the consensus of the local population. Sincerely yours, ^p-l^RAYMDND T. SCHULER JOHN K. MLADINOV 0 Commissioner EXECUTIVE DEPUTY COMMISSIONER >v GARY A. LEE ASSEMBLYMAN I2SL" DISTRICT SENECA.TOMPKINS. YATES COUNTIES SAO DRYOEN ROAD ITHACA, NEW YORK 14650 (607) 273-ASA9 TH E ASSEMBLY STATE or NEW YORK ALBANY received S£F 15 1975 TOWN of ITHACA September 11, 1975 MEMORANDUM TO:Connie Cook, Chairman, Octupus Concensus Committee Congressman Matthew McHugh Senator William T. Smith Chairman Harr^' Kerr, Board of Representatives ^^.^pervisor Walter Schwan Supervisor Bruce Payne Jack Clynes, Board of Public Works Howard Stevenson, Superintendent of Public Works Frank Liguori, County Planner Ed Conley, Mayor CFROM:Gary A. Lee h The attadied letter is in response to my August 6, 1975 letter to Bill Hennessy. May I respectfully recommend the following: 1. Congressman McHugh to "bird-dog" the final approval by the National Advisory Council of the letter of agreement required to satisfy Section 106 of the National Historic Preservation Act. That Matt then advise us accordingly. 2. With submission of the Impact Statement to the Federal Highway Office, that Matt "bird-dog" this step for approval and advise us of any ways we can assist him. 3. That Connie outline, as soon as possible, a series of Octupus Concensus Committee working sessions to focus on acceptable design alternatives. That NYS DOT Regional people be involved to be totally prepared for the informational hearings- It is encouraging that this vital project continues with a high priority rating by the D.O.T. As you can see, regretfully the most optimistic time-line puts its completion three to five years away. Thank you. cc: Bill Hennessy, DOT, Albany Joe Powers, DOT, Syracuse /: MATTHEW F. MC HUGH 27th DisTTiiCT, New York COMMITTEESi AGRICULTURE VETERANS' AFFAIRS WASHINOTON OFFICE: 1204 Ldnsworth House Office BuildiNg WASHiNaroN, D.C. 20915 (202) 229-6339 Congrcgg of tfte ?Hnftcb ^ouie of J^cpresentati'tjefi! iiac^fngton, B.C. 20515 March 2, 1976 MNQHAMTON OFFKEi 310 ftDERAL BulLOmO BmaHAMTON. New York ISWtt (607) 723-4429 ITHACA OFFKS: The DeWitt BuiLOiNa 219 North Cayuoa Strkt Ithaca. New York 14890 (607) 273-1388 MomrcEixo officsi 190 Broadway MONTICELLO, New York 12703 (914) 794-3040 Hon. Walter Schwan 308 Kline Road Ithaca, New York 14850 Dear Walt: I thought you would be interested to see the enclosed letter from Bill Hennessy of the State DOT regarding the Route 96 Environmental Impact Statement (EIS). As you know, the EIS has been detained in Albany by the Regional Administrator. Mr. Hennessy's letter explains the reasons for this hold up. When the EIS does receive final approval in New York and is trans mitted to Washington, I will be in a position to take a more direct role in trying to move this project along. In this connection I will try to arrange a meeting with officials in the Office of the U.S. Secretary of Transportation when the project reaches that point. In looking into this project I find that under the best of circum stances construction on the Octopus could not begin until early 1980. I realize that this late date is not good news, but I believe you and those who have been working on the project should know the actual facts. The reason for the delay is the need for the project to go through additional planning and review, all of which is required by law. Following final approval of the EIS by the Secretary of Transporta tion, it must be returned to the Federal Highway Administration's Regional Director who will then announce approval of the statement and forward it to the Council on Environmental Quality (CEQ). Thirty days after receipt by the CEQ, the Regional Administrator can authorize preparation of a detailed design for the highway. The design stage is a technical one and must take into account all of the engineering alternatives. During this period another series of public hearings must be held and public comment solicited. As usual, all of this will take time, and thus the projected construction date in 1980. Hon. Walter Schwan March 2, 1976 Page 2 I am not clear on how much of this you are aware of, and If it is new information I certainly do not enjoy being the messenger with bad news. However, over the years there has apparently been a great deal of confusion and a lack of accurate information about this project. I was not in office during those years, but now that I am I can assure you of two things: precise information and my personal efforts to move the project along in Washington. I do not control any of the officials involved, nor can I short-circuit the legal requirements, but I can try to get the bureaucracy to move more efficiently by demonstrating that I have a strong personal interest in Route 96. This I will continue to do. I want to thank you again for your work on this project. If you have any questions or suggestions, I would be pleased to hear from you at any time. Best regards. Sincerely, Mattnew F. McHugh MFMrscw Enclosure ADAMS, THEISEN & WARD ARMANO L. ADAMS HENRY W. TMEISEN JOHN A. WARD NEVS AND COUNSELORS AT LAW THE CLINTON HOUSE, SUITE 301 109 WEST SSNECk STREET ITHACA, NEW YORK 14B50 February 22, 1977 received l-tB 231977 JOWN OF ITHACA TELEPHONE teOT) 272-34Aa Hon. Hugh S. MacNeil, Chairman Tompkins County Board of Representatives Hon. Walter J. Schwan, Supervisor Town of Ithaca Hon. Edward J. Conley, Mayor City of Ithaca Re: Route 96 Corridor Dear Sam, Walt and Ed: I attended the Route 96 Concensus Committee meeting, Thurs day night, (February 17, 1977), and am more than distrubed about the negativistic attitude of the proponents in their opposition to change. I write personally, and without an intention to commit the Tompkins County Environmental Management Council, but I believe the majority if not all, of the Council Members take a similar position. Several months ago, the Council by appropriate action took the position that any construction of the Route 96, if limited to the presently "approved" corridor would be environmentally un sound, impracticable and unworkable. The proposal then was, as it is now, that the rural part of the road at the junction with the present Trumansburg Road should be south of the main buildings of the Odd Fellows Home (and north of Lakeside Nursing Home) and that the Urban portion should NOT cross the relief channel, Cayuga Inlet and railroad in the vicinity of Buffalo and Court Street, but that it should be a continuation of Meadow Street, crossing the railroad and only one body of water and joining the present Route 89 at the present bend of the road just south of the Swimming Pool and Ice Rink (approximately parralel with and an extension of Sixth Street). A new Y tuning fork. [An earlier plan had the cut off slightly south of Sixth Street inthe vicinity of Esty Street and crossing the tip of the inlet island to the Taughannock Boulevard, but this had a greater impact on Cass Park and on the Inlet Marina and Coast Guard Base]. The Council or at least I, was taken to task for making any proposal "outside the corridor" because "it would delay the project 6-8 years and we need the road to the hospital now". The State personnel also indicated that the planning of a road within the corridor could not be done without considerable en- Re: Route 96 Corridor 2/22/77 vironmental impact and damage to property occurs and that though they would prefer to have a broader corridor in which to work, they were "not permitted" to do so, because this is the only one approved by the Federal Highway Administration. This talk about delay is "hog wash". The decision to change the corridor is a "politic" (not political) one. In gov ernment, it is easier to say"no" and stick to it than to find a reascn^and work to accomplish a "yes". I have had nearly 40 years experience working with the state departments (and some with federal) and I do know that if local governments say loud and clear what they have in mind, are reasonable in their re quests, and are united and not divided in their requests, they can usually get what they want in short order. Every time schedule in the world can be shortened and red tape cut, if the right approach is made, the request is unanimous and the cause is right. The proposal I presented for the urban portion last Thursday and shown on the enclosed sketch is a simple one. It doesn't involve displacement of any persons and businesses. The land is all presently owned by the City of Ithaca, the State of New York, the N.Y, Gas & Electric Co., and possibly one person, (and it might be possible even to plan a route which would avoid that one person). The land is all presently vacant. The land is all level. No usable portion of Cass Park or any federally financed recreational area is affected, except that a portion of the present Taughannock Boulevard (Route 89) might have to be elevated to permit the 15-1/2 ft. elevation over the Cayuga In let. The roadway is a natural connection with existing Route 13 travelling either north or south. The route is the shortest possible route. The tax parcels involved are: 43-2-1,3,6; 37-1-1, 2; 37-1-4.1; 23-1-1; 36-1-3.2 and 22-2-1. I understand that since our (the E.M.C.) proposal was made several months ago, the "planners" have unofficially given it "some" consideration, consider it an acceptable alternate, but have been persuaded from pursuing the matter because it is outside the corridor and the project shouldn't be delayed. In the first place, I think, a delay (if any) is justi fied. Its better to do a job right, even though delayed, than to hurry up a job and do it wrong. We have had the experience of that with the "Octopus", and the problems there are partly what we are attempting to correct now. But I don't think there need be any delay if everybody decides they want to do the job differently than is permitted by the present limiting corridor. It has certainly been obvious at every meeting of the interested groups that there are too Re: Route 96 Corridor -3- 2/22/77 many persons who will be unreasonably hurt by any crossing of the inlet and relief channel in the vicinity of Buffalo and Court Street. Though there is a small core of vociferous persons v/ho object to any adequate new road, neither I nor any member of the E.M.C. is one of them. We know the need and must have a replacement of Cliff Street as an approach to the hospital and a more adequate crossing of the two water courses and railroad. If the Board of Representatives of the County, the Common Council of the City and the Town Board of the Town of Ithaca, give the go ahead to their respective planners, they can within two days ascertain if there are any bugs in the proposal. They aren't apt to do so if they are discouraged rather than encouraged There probably is NO 4 F problem here because there is little or no "taking" of Cass Park lands. The bridge over the inlet just about intersects the Cass Park property at the road. The present cinder or bike path will cross the new highway, but Its impact will be lessened by having the path go under the new highway. The new highway would have to be somewhat elevated any way because of the necessity of complying with the Army Engineers bridge over the Barge Canal be high enough 1/2 feet) to permit navigation of vessels and boats. Even if there is a 4 F question it shouldn't take more than a month to get it resolved. Through the aid of our legislators on the state level and our own personal contacts, we should be able to per suade Commissioner Orrin Lehman and Deputy Commissioner Margaret A. Payne (herself a native Ithacan) of the State Office of Parks & Recreation to give fast approval and with the help of Congress man McHugh, working at the same time (and not in sequence), we should be able to get the appropriate consent of the Federal Highway Administration, the Interior Department and N.E.P.A. The Environmental Impact Statement should be simple: PRO 1. The disruption of business (not more than one and possibly not that) would be little, if any. 2. No residences would be involved. 3. The traffic travelling routes 13, 89 and 96 north would have a choice of roads right on 13, left on 89 or 96. 4. The traffic coming south on 89, 96 and 13 would meet at Meadow and Sixth Street, go south on Meadow (as now) either continuing on Route 13 out Meadow, or turning on Green Street to connect with 79 and 96.. 5. The local west travel on 79 and Cliff Street (to junction of new 96) would be as now crossing the Inlet and Relief Channel by Octopus. Re: Route 96 Corridor -5- 2/22/77 BUT all those permits will still be required for any alternatives even within the corridor and there is likely to be less environ mental disturbance by the plan we propose than any of the alter nates possible within the corridor. it "k "k it ie A comprehensive Enviornmental Statement can be prepared by the combined planning staffs in one week. I could do it alone in a month. If it is decided ^ once that this or another equally good alternative, is feasible and will correct the defects in the limited proposals now possible, even though it requires approval for the new location from the State and Federal governments, I am confident we can get all the approvals necessary in less than six months, - certainly not more than a year. But it requires the unanimous support of all governmental agencies. If any local governmental agency says "no", then we can't expect any change ever. This is a matter that can be "walked" through the red tape. I hope you will each release your planners so that they can have the "green light" to spend at least a v/eek in exploring the feasibility of this or any other plan which is outside the corridor. Again I emphasize this letter is a personal one. It does not speak for the county Environmental Management Council, though I think it reflects their view point, only because time is of the essence, am I writing to beg each of you to realize that (1) there doesn't have to be any 5 or 6 years delay, and (2) even if there were a couple of years delay, it is worth it to have it done right, (3) your constituents will look with favor on your standing up for principal rather than going along with an out of date, ill-conceived road location in which the citizens DID NOT HAVE ANY IMPUT. If the three major local governmental units (as well as the Town of Ulysses which is also involved), all get behind an alteration of the corridor, we can get it. I personally, and other members of the Environmental Management Council will be glad to assist in the presentation at the State and National level if you think it will help. Might I suggest also a specially called joint meeting of the Board of Representatives, the Common Council, and Ithaca Town Board, to be assembled within the next week or ten days to consider this matter on its merits. We might invite Miss Payne to be present so that she can advise the local units on the steps to be taken to cut Re; Route 96 Corridor -6- 2/22/77 through the federal red tape and learn from the local community the urgency of an immediate decision. This letter doesn't address itself to modifications fo the Rural alternatives, in which I am also interested, but hopefully, if the corridor is to be changed for the Urban portion, it can similarly be changed for the Rural route. I would very much appreciate your personal consideration of this letter. You^ truly. irmand L. Adams cc: Joseph Powers, N.Y.S. Dept. of Transportation Hon. Margaret A. Payne, Office of Parks & Recreation Hon. Mathew McHugh Hon. Gary A. Lee, Assemblyman Frank Liguori, County Planning Officer H. M. Van Cort, City Planning Officer Bruce Payne, Ulysses Supervisor M. R. Shaw, Concensus Committee James C. White, T.C.E.M.C. Louis K. Thaler, T.C.E.M.C. Beverly Livesay, County Representative Nancy R. Myers, City Councilperson Andrew MacElwee, Town Councilman fe ". UT Rovtc l_ t t/^K<C ih^HC Oiln'C /ii.t?.ift/\ r» NEW YORK STATE DEPARTMENT OF TRANSPORTATION William C. HannKsy. CommiuiorMr Region 3 Office: 333 East Washington Street, Syracuse, New York 13202 o File: Railroad Grade Crossings and Complaints TOMPKINS CODNTY August 51, 1977 1977StH 1 Town of ^thaca Mr* Walter Schwan, Supv. Town of Ithaca 126 E. Seneca Street Ithaca, N. y. IhS^O Dear Sir: Re: Rail-Highway Grade Crossing Program State-wide project for crossing improvements The F.H.W.A. has placed special emphasis for fiscal year 1977 on a Program to bring signing and pavement markings at all public railroad-highway grade crossings into conformance with the Manual of Uniform Traffic Control Devices. The Rrogram is to include crossings both on and off the Federal aid system. In order to implement this Ingram, a Regioi>-wide project is being developed to perform the following crossing improvements: 1. The installation of advance warning signs and crossbucks where none presently exist or vdiere the present signs do not conform to the Manual (non-reflectorized, improperly located, etc.). 2. The installation of the "no passing" pennant when center line pave ment markings exist and the "no passing" zone coincides with the beginning of the railroad pavement markings. 3. The installation of pavement markings at all paved crossings to include the railroad advance warning symbol, crossbars, and cleaav ance lines. Center line markings on roadways 16 feet wide or wider and edge lines on roadways 20 feet wide or wider. Thermoplastic markings are to be used to upgrade present markings or at unmarked crossings where the paved surface is in good condi tion and resurfacing is not scheduled for at least two years after placement. Painted markings are to be used at all other paved crossings. Fage 2 The pro;5ect is to be funded under the Rail-Highway Grade Crossing Progranj (R,R.P.) utilizing ninety per cent Federal and ten per cent State funds. Although the State is providing the ten per cent match, a resolution permit ting the State to enter upon municipal highways and providing for municipal maintenance of the completed project must be obtained from all affected nmnicipalities; therefore, attached to this letter is a Resolution suitable for use with this project, and each municipality participating in the proj ect will be required to submit this or a similar resolution. Also attached is a list of rail-highway grade crossings on highways xmder your jiirisdiction that crossing improvements within the previous stated project guidelines are proposed. At this time we are requesting a letter from you stating that the Board will or will not pass a resolution enabling the State to perform the necessary improvement s• Thank you for your contiiiuing cooperation. Very truly yours. JOSEHTM. POWERS Regional Director of Transportation Region No. 3 Attachments 4 R ft ^ Jl /^/ /• L l^ 3^^.33 SX'/o^ 3^z //^xX ' ■•■'? , ,- 3^: ".t' -S' TOWN OF STMACA V 126 EAST SENECA STREET ITHACA, NEW YORK 14350 September 20, 1977 Mayor Edward J. Conley Conunon Council , ' . Mr. H. Matthys VanCort, Planning Department City of Ithaca Planning Board He: West Hill and 4-Lane Road Dear " - The Town of Ithaca has so far Xept out of the contro versy over how a new 4-lane Rt.' 96 and Rt. 89 would enter the City- of Ithaca. We feel this is an internal City problem and should be your decision. However, the recent vote by Common Council raises the question* of whether the City will approve a new 4~lane highway. A decision against a new 4-lane highway by the City concerns the Town of Ithaca and, thus, this letter. Many things have been said about the new highway, both pro and con, and many, many things have been promulgated in the process. The Octopus is a horrible mess which is not going to go away. Are you aware that at times the City Police Depart ment has three patrolmen out there directing traffic? Have you ever seen Rt. 96 (Cliff Street) backed up to Campbell Avenue; or Rt. 79 (Hector Street) backed up to Sunrise or Hopper; and Elm Street backed up to West Hill School? Do you know that when ball games end at Cass Park, the line forms beyond the pool? Are you aware that the stop light which lets Rt. 89 on to Rt- 96 allows five cars to pass before it changes and the last car^fias to run -■ the caution light? In all the rhetoric I have heard and read, I have yet to hear anyone voice any concern for those residents of theCity of Ithaca who are unfortunate enough to live on West Hill#and more specifically those, who live on Cliff Street (Rt. 96). You don't need to own a scanner if you live on Cliff Street because the sirens go by day and night. l-There is the concernfor those living in the Towns of Ithaca, Enfield, Newfleld, andUlysses who have to drive through the Octopus every day? - 2 - The most ridiculous proposal I have he^d came from Ecology Action, "Save the Trees on West Hill from a new road and widening Cliff Street to three lanes, for the people on Cliff Street no longer would be able to park on the sidewalk"d wouW then have a road up to their front porch How did mankind, the primate species, get lost in all this? Certainly a new road will scar West Hill just as Rt. 13 scarred East Hill, but can you imagine what the City of Ithaca would be like if all the traffic handled by 13 were flowing through the City of Ithaca and up State Stre^7 ^ t ur.ii1d these Ecology-in-Opposition people have said about Rt. 1^ck iftte sSe thingsT I'll bet, but thank goodness it was bailt. The City of Ithaca Planning Department came out in oDDOsition to a new 4-lane highway because it would cause xincontrolled growth on West Hill- The City Planning , 1950 ment should consider this: The Northeast beg^ ^°a^thLfw«e ' There were four houses on Muriel Street in 1953 and there ef other new streets in the Northeast; Hanshaw Bead had very few houses on them. Today, inveaf latef there i^ still enough land left in the Northeast for another one hundred-homes. The Town of Ithaca is ^ less than fifty houses per year now and we bave more und PacrLge served^by water and sewer than any oth^ town in the County- What caused the growth between 1950 and "'S? Nm built a new plant on South Hill; Borg-Warner doubled^esiL oftteifMo?L-Chain plant on South Hill; Ithaca Col^ge built a new campus on South Hill and expanded their enrolmentfrf. 2 30rtn^00; and Cornell University spent 2^0 million^_ in the nation in taxes and losing industry liXe crazy. The point. Ladies and Gentlemen, is that new ^^^hwa^ IS,--ss-f = !:;? new highway on State Street, and its ImpactEsty Street. I submit to you ^hat that traffic f ^ Purity were backed up from the Octopus? ■7 ■. i - 3 - Since no member of Common Council lives on West Bill, I suggest you put a folding chair in your car, park at the Station Restauramt, and then sit on the edge of the Flood Con trol Channel and watch the circus. The students are back and the school buses are running, so come on out and watch us inoperation- The best hours for viewing are 7rl5 a.m, to 8:15 a.m* and 4:00 p-m- to 5:30 p-m- I built a new house on Coy Glen Road last summer, so I have been using the Octopus at least four times a day for thepast year. I can tell you from personal experience that untilyou have to live with that monster seven days a week, you haveno conception of what it is like. Please take the time to watch it in action. You owe it to the people on West Hill. The Octopus is a monster sitting there waiting foranother runaway truck and the laws of probability say it willhappen again. It is just a matter of time. How many stopped cars will be crushed? How many people will be killed? Suppose one of those stopped vehicles is a school bus with 60 children on it? Can you in good conscience live with that? On behalf of all the residents of. West Bill and thesurrounding towns, I ask you to vote in favor of a new 4-lane access road. Rt. 96 and Rt. 89 must be separated from Rt. 79 andRt. 13A and Elm Street, and a 2-lane alternate will not achieve this. Thank you for taking the time to read this. reraly.you: Walter J, Mhwan, SupervisorOn Behalf pf the Town Board of the Town of Ithaca WJS/elb cc: Members of Ithaca . * Town Board cc: Joseph M. Powers, Regional Director of'TransportationDepartment of Transportation, Syracuse, N. Y.Wi'C. Hennessy, Commissioner, Transportation Operations,Department of Transportation, Albany, N. Y..Hon. Gary A. Lee, State Assemblyman '' • /A 7ic> rm. )^//d/77 NEW YQW state' ^ ' department of transpottation William C. Hannasay, Commlasioiw '''i'-. "r* hi -.Qu' Region 3 Offico: 333 East Washington Street. Syracuse. New York 13202 nie: Railroad Grade Crossings and Complaints, General 1% V Koveuiber 21, 1977 Mr. Walter Schwan Supv., Town of Ithaca 126 E. Seneca St. Ithaca, N. Y. 1^850 ol977 rEC \^iOV 2 ,0V(» Of i^f Dear Mr. Schwan, Re: Bequest for Resolution for the Rail-4{i^way Grade Crossing Rrogram j As related in the original notification of the referencedthe State is providing the ten per cent match (ninety per cent ^a I^solutio^xmtting the State oroviding for municipal maintenance of the completed project isreqiS^irTl^irTali-e^Sected_iiUH^^ _ in detail Resolution. ■VthirtinTwr^rT^^^tl^^^^ Resolution be presented to your Board for adoption. Sl„. tt. orlgi«l ."K; SlSSexpressed a concern about sheet shovd.ng the maintenance re sponsi-St/s™ Sti- f r'.V'sTraffic Control Devices" shovdng each item in the Program. AS in the past and as x.quiz.d bythe grade crossing of ^etuniSpality'cl::rSn?h"^f ofmStaining a hi^way v*>ere such highway crosses a railroad at-grade. ani Traffic Law. STATE OF NEW YORK Q-v DEPARTMENT OF STATE DIVISION OF CEMETERIES CEMETERY BOARD ALBA>ri' liiaAS JOHN P. LOMENZO . FRED 8. 8UTHER6REEN SECRETARY Of STATE — ^ q ^ DIRECTORCHAIRMAN CUjOa. C^SG a// /I PETER M. RUSSO LOUIS J. LEFKOWITZ ' )|ay 14 1974 ASSISTANT DIRECTOR ATTORNEY GENERAL * DR. HOLLI8 8. 1N6RAHAM COMMISSIONER OP HEALTH Walter J* Schvan, Supervisor Xovn of Ithaca 108 £• Green Street Ithaca, New York 14830 Dear Mr. Schwan: This is in reference to the Inlet Valley Ceaetery Assn. I have been informed that this association has petitioned the Town of Ithaca to convey its cemetery to the Town in accordance with Section 14019 paragraph (o), of the l^FCL Corporation Law. I have also been informed that the Town Board has refused to consider the proposal. In my opinion, this is a short-sighted attitude because of the following factors: 1) At the present time the association has trust funds to enable the operation of the cemetery at little or no cost to the town. 2) There remain a few interested and informed persons who could effect an orderly transfer. 3) If this situation is allowed to drag on, the favorable factors (for a speedy take-over) may deteriorate to the point that the town may have to assume the obligation some day under less favorable terms. Please let lae know the reasons why the Town of Ithaca is hesitant on this matter. Perhaps there is some misunderstanding that I can help get cleared up. Sincerely, JOHN J. GHEZZX Secretary of State By: Henry S. Berkman HSB/bd Senior Accountant CC:Mr. Axtell - ■; -a'JiA'.*-^-- 'v •\-'-\ ■:. >•, '.rV-tv'- November 20, 1972 Mr. Prank Albanese, Attorney-at- Lavi First National Bank Building Ithaca, New York Dear Prank: Enclosed are excerpts from Town Board minutes with respect to the Inlet Valley Cemetery Association. /■ f y-' ■ ^ c ■ ^• • ■■Sincerely yours. ' . ^ . • •••'• I ' '7 ^^Edward L. Bergen ■:?. I "^own Clerk :V-'vy^y: •'/--■ . i- • ■ ■■/'1 •,'-'i' *. elb ; .. ••jV ...-•- •» ;i'> ■ y.i, >!v , • • . -^x MIA ft *\ '■', _/■ ■.■ •■■•■ ' •'. ■ ■ ,■• ■' ;'v .>,>■,i."-• Frank Albanese ATTORNEY AND COUNSBLOR-AT-LAW 507 FIRST NATIONAL BANK BUILDINS Ithaca, New York 14850 TELEPHONE 27a-82lt October 31, 1972 I1r» Walter J. Schwan Town Supervisor Town of Ithaca 10!^ East Green Street Ithaca, Mew York 14^50 Re: Inlet Valley Cemetery Association Dear Nr. Schwan: Mr. Geor^^^ia, the President of the Inlet Valley Cemetery Association, has inquired as to what progress was being made with respect to the transfer of the Inlet Valley Cemetery to the Town of Ithaca. Your files will disclose that we have had several communications and that we have sent you information which you asked for in your letter of September 2^, 1971- I would appreciate hearing from you as soon as you have had an opportunity to go into this matter. Sincerely yours, FA: I / n MEMORANDUM TO; Walter Schwan FROM: James V. Buyoucos DATE: November 12, 1971 RE; Acquisition of Inlet Valley Cemetery Association The Not-for-profit Law, Section 1401 (b), (g) and (o) provides the means by which cemetery lands can be turned over to a municipality. This must be done with the consent of the Cemetery Association and also with the consent of the Town Board. Once the lands are transferred, then the cemetery is operated as a municipal cemetery by the Town. The applicable sections are Sections 290-296, inclusive, Article 17 of the Town Law. Section 290 states that the Town shall designate and set aside certain lots which shall be free for the interment of the remains of indigent persons. The law does not state whether this applies only to those instances where the Town develops the cemetery or whether it could apply to the present situation. If lots remain to be sold, the sale must be made by direction of a majority of the Board. Care must be taken in the transfer of funds to obtain a clear representation that the use of the funds is not restricted. I do not know how this can be done other than by a cataloguing of the assets of the Cemetery Association and a specific representation by the Association that there are no restrictions on the use of the Cemetery funds. Perhaps someone from the Town Board or someone else designated by the Town Board should review the accounts to make certain of this. If there should not be sufficient funds, the Town Board would have to appropriate funds to care for the cemetery lots. The specific requirements for burial grounds are set forth in Section 291. The Town Board is required to remove the grass and weeds from such cemetery at least three times each year, erect and maintain suitable fences around the cemetery. -2- There may be circumstances where a family wants to make a gift for perpetual care of a lot, in which case the Town would be under pressure to accept such a gift and would be under obligation to provide perpetual care for a lot. The Town would be obligated to keep the roads free of snow and ice and would, thus, assxime full liability for negligence- free maintenance of the cemetery with possibilities of lawsuits. Sections 290 and 291 should be read carefully before any decision is made. Sections 294 and 295 relate to. Armed Forces burial plots and removal'^of remains of deceased members of Armed Forces, Section 296 relates to proceedings with respect to neglected or abandoned cemeteries. As a precautionary measure, I recommend that the Town Board take no action on this matter until the Cemetery Association has presented the Town Board with an appropriate certificate or letter from either the' State Department of Public Health or a State agency regulating the use of cemeteries, or both, certifying that the cemetery lands as now operated and as they now exist n meet all existing requirements and regulations of the appropriate State agency,. J.V.B, JVB:csf CC: Edward L. Bergen Frank Albanese ATTORNEY AND COUNSELOR-AT-LAW S07 FIRST NATIONAL SANK BUILDING lTHACA» New York 14850 TELEPHONE 27X>8a1X September 22, 1971. Walter Schwan Town Supervisor 16 Muriel Street Ithaca, New York 14^50 Dear Mr. Schwan: I represent the Trustees of the Inlet Valley- Cemetery Association located on the Elmira Road in the Town of Ithaca. The Trustees have asked me to contact you with reference to the feasibility of the Town taking over this cemetery pursuant to Section 1401 (o) of the Not-For-Profit Corporations The reason for this request is simple. The time has come when there are no longer persons in the community willing to act as Trustees and there is no way that anyone can be forced to act as such. Consequently, it will not be long before this cemetery and many others like it will be abandoned and create a problem that can be resolved only by Town Countv or State action. ' ' The cemetery is now well kept and maintained but how much longer this can be done is very questionable. The cemetery has a fairly substantial Trust Fund, which is adequate to maintain it, which, of course, would be turned over to the Town pursuant to law. We would appreciate your consideration of this matter and advise me if there is further information you would like to have. Sine ere ^-^Vy ours, FA:I cc:James Buyoucos, Esq. Savings Bank Bidg. Ithaca, New York 14^50 September 28, 1971 Mr. Frfink Albanese Attorney and Counselor-at-Lav; 507 First National Bank Building Ithaca, New York 14850 Dear Mr.-.Albane.se;^ ' " • i ' . - " n i . • ; -In reply to yotir-letter of Seiptember 22, 1971 with regard to the Inlet Valley^ Cemetery Association, the Town Board will need more information before we can give you an answer. ^ V/hat'kind of maintenance is required? Are any roads Involved? What is the area of the Cemetery and doe's it have^ unused land? Are people still being buried there? If so, . who opens and closes the graves. Who-is performing the maintenance now and what have the annual costs been for the last five to ten years? What is the amount of. the Trust Fund, how is it Invested, and what is its annual return? Is this the Fisher Cemetery as designated on the Town of Ithaca tax rolls? 'We will schedule your request on the Town Board agenda after we have received the information requested. Sincerely yours,. X^alter J» Schwan . Town Supervisor WJS/elb . . Prank Albanese ATTORNEY AND COUNSELOR-AT-LAW 507 FiRST NATION<kL BANK BUILDING ITMACA, New York 14850 TELEPHONE 272'BAIA October 25, 1971 Walter J. Schwan Town Supervisor town of Ithaca ICS East Green Street Ithaca, New York I4S5O Re: Inlet Valley Cemetery Association Dear Mr. Schwan: Pursuant to your letter of September 2S, 1971, I am sending you herewith two copies of a letter addressed to me from Kenneth Georgia, one of the Trustees, dated October 14, 1971, which answers all of your questions excepting one with reference to the Trust funds. With reference to the Trust funds, I am seriding you the statement prepared by the Cemetery Association dated as of June 30, 1971, which shows there is a balance in the fund of approximately $11,64^.00. This is in interest accounts and draws approximately 5^. If you have any further questions, please let me know, FA: I Encs. Sincerely yours, /c^ ) ^•wfleld. M. Y. October 1'^, I971 Mr, Prank Albanese Attorney and Counaelor-at-Law 507 Plrat National Bank Building Ith^oa, New York Dt^r Pranks lnfo^,t*onT of October 5th. I hare the following The maintenance we have given the cemetary conalsta of mowing f* around the stones. This has bean done frMfour to alx tlaea each aunaer, depending upon the asount of rain- ^llie R^IId Hastings, Jr., 1538 Slater-vllle Hoftd at a coat of 155-00 for each mowing. In addition, thla ^st summer we have had the shrubbery along the south side of tha cemetary trimmed, thinned out and oarted away at a cost of 130.00. the growth of sumac and choke cherry along the of fJi"" to route 13 cut and carted away at a cost a entrance on the south-west end . of the cemetery and T'l®" require noapaclal aalntananca howawar. m ^ "PPfo^tmately 5^0• long on the east and westaides. 115' on the north and and 232' on the south end. There Is M unused land. There Is an occasional burial. It would averageperhaps three oer year. Manclnl A Son open and close the graves. ei— ® statement Prank which I gave you when In your of- 1071 T .™ finances as of June 30. nine'years below the receipts and expenditures for the past 2/16/62 to V26/63 Vsl'lT ""'ITIVV26/63 to 6/25/65 619 99 lll'U6/25/65 to 2/25/66 111.92 I7 4 2/25/66 to 3/9/67 563 ^7 3/9/67 to 11/1/69 262.li Bfl11/1/69 to 2/16/71 7^2:61 2.560.66 l.dlbnAveraga per vaar Z^.5l 219,02 T*.u ^ not familiar with tha Fisher Cemetery on tha Town ofIthaca tM rolls. As far as I know, or any raoords wt hava. Indicate tha oamatary has always baan called the Inlet Vallav Cemetary. slncaraly, Ke heth Gaorgia .ii ii I y.i I " i .St: ' ■:. • I TNLET VKLXXt CEMETAHX ASSOCIATIONITHACA township. TOMPKINS CO. N. Y- STATEMENT OF FUNDS AT JUNK 30. 1971 fl fiil^aAL FUND ChaoklnK a/o - Tofflpklns Co. Trust Co.°£:«a tlansfr to b. «d. to Trust m/o #>^9031 Saylnss a/o #20^95 - Saylnga Bank ofTonpklns COa Total Ganaral Fund njr ""iPa/o #73518 - Sarlngs Bank of Tompklns Co. •ft S'?rin;f.rr.d from ch.cklng a/c trust., a/o - Toapklns Co. Trust Co.Total Punds H.ld m Trust Total G.n.ral Funds & Funds H.ld In Trust $ 305.68 -100.00 100.00 ) 205.68 909.59 8,223.62 I 1,115.27 100.00 P. 532-72 I ll,6'^8.0'» .■4. I'-: i-r"" • my/'i'- ' \ - . ^ • • - '••A • %*♦ INtET VAIiH CBMETAHY A830CIATI(* ITHACA TOWNSHIP. TC«PKINS CO. I. I. STATMENT OP FUNDS AT JUKI JO, 197X amaAL pwip i Oh«oklng a/o - Toapklna Co. Trust Co. Lsss tr«n«f«* t» b* ■iwla to Trust sye #«>9031 Sarlnga a/e #20*95 - Sarlngs Bank of ToaiAlna Co. Total Oansral Fund % 305.68 -100.00 ■f 'y, I 'i I 205.68 909.59 I 1,115.27 ft/e #73518 - Sarlnga Bank of Tompklna Co.a/0 #if9031 - • " "w. "y To ba tranoforrod fro« ohaoklng a/o Trustaa a/c •• Toapklns Co. Trust Co. Total Funds Hold in Trust Total Oanaral Funds & Funds Hold in Trust _ -r! •='. ; •. •4' rs. 100.00 N \ 8.223.62 100.00 2.20?.»M.53?f77 I 11.648.0* eS » V; 4;:- 3'^ :---..>-..-i»'"..4 4. .-fei'lA-. M-'E' M 0 R A N D U M - ■' > • •' J"! > TPs Walter Schwan ' ^ ! FROM! James V. Buyoucos DATE; November 12, 197.1 ' RE: Acquisition of Inlet Valley Cemetery Association The Not-for-Profit Law, Section 1401 (b), (g) and (o) provides the means by which cemetery lands can be turned over to a municipality. This must be done with the consent of the Cemetery Association and also with the consent of the Town Board, Once the lands are transferred, then the cemetery is operated as a municipal cemetery by the Town. The applicable sections are Sections 290-296, inclusive, Article 17 of the Town Law. Section 290 states that the Town shall designate and set aside certain lots which shall be free for the interment of the remains of indigent persons. The lav; does not stater. whether this applies only to those instances v;here the Town develops the cemetery or whether it could apply to the present , situation. If lots remain to be sold, the sale must be made by direction of a majority of the Board, Care must be taken in the transfer of funds to obtain a clear representation that the use of the funds is not restricted. I do not know how this can be done other than by a cataloguing of the assets of the Cemetery Association and a specific representation by the Association that there are no restrictions on the use of the Cemetery funds. Perhaps someone from the Town Board or someone else designated by the Tovm Board should review the accounts to make certain of this. If there should not be sufficient funds, the Tov/n Board would have to appropriate funds to care for the cemetery lots. The specific requirements for burial grounds are set forth in Section 291. ^ ■' I The Town Board is required to remove the grass and v;eeds from such cemetery at least three times each year, erect and maintain suitable fences around the cemetery. • I .Vi V- :• I . . I ,, j Sli :. .n n n „■.- .., - . - "... ,. li',-' t, r There may be circumstances where a family wants to make ' 'a gift for perpetual care of a lot, in which case the Town would ^ , be under pressure to accept such a gift and V7ould.be under • obligation to provide perpetual care .for a lot,. ' ' i • • f • ' • The Town would be obligated to keep the roads free of snow "and ice and would, thus, assume full liability for negligence- free maintenance of the cemetery with possibilities of lawsuits.. . Sections 290 and 29i ishould be read carefully before ' any decision is made, • ' j . • • ■ , Sections 294 and 295 relate to Armed.Forces burial plots " ; and removal of remains of deceased'members, of Armed Forces, . . . - . ■ . Section 296 relates to' proceedings with^respect to' • ^ neiglected or abandoned cemeteries; . ' ' • , . ,1 As a precautionary measure, I recommend that the Tov/n .Board take no action on this matter until the Cemetery Association has presented the Town Board with an, appropriate certificate or letter from either the State Department of Public Health or a . State agency regulating the use of cemeteries, or both, certifying that the cemetery lan.ds as, now operated and as they now exist meet all existing requirements and regulations of the, appropriate - State agency, . . y..' ■ . ^ JVB;csf CC: Edward L; Bergen L ■- 1 n A i 70s mamh9TB of tho Kayor*s Advisory CouneiX SUBJKOtS THE PBZOBXTIES IH WAB ON DBUG A50SS IN THX5 OPINION by XAvrsnes S* BlvklUi R*Ph^ ' I^rsetor of Sducstloa Tompklns County Karcotie Guidance CounelX ^ -v • -•'Vl.t ; »> • v'.'-i . -I 1%: . :• psv'-;. ' . V , it- %/' ■'-'k- '■ '■ ••.<K r . • V- ; • *V, f •. .vr'. ft V March 22,1971 'U I v' c.. >■'» V vS-* ■'' i . '4-- ■ . ■; •' ' V'., rt ri »lis V* ~'c i ^.",A-r % .-"' -v * V > ■■: r I ' ' \ \^ rV «i- - I A:: r . .Thxs protleia is like .■^hy;busineas. prpbiemj we'.bave .the buyers-and- the sellers, '■ Bight .ho\7 "the ^product'is in/great "den^ndj' .and Kah^ are . getting'rich; the product ia^too appetizing,: We ;iBUst. create':tW Plimatel tb'-riakd. this ^business fold;-' -■ ,We have to create a'negative business climate fdr'this-commodity,'. . Our -.prioritiea are not unlike'a'businessWenture as wellj'for v/e have our, "short tor;a and long^faiige .needs;. ^.^Ve.have'to plan our business-loans.'-.accordingly, *. We have ;to do both^slmultaneousl^ for we-cannot ■skimp" on.this .project,- V/e; must pay not - only to stock the. shelvesj .but-pay' to buiid the' building as well. • V, - • .i ^ ,r '* ' * ' • -i ' ' ' r .. I ' • "'* • . - . ' *'•'.• We mu0 provide the shorty term, funds to; keep-OPEN HOtTSE goine» ( S 5^000 ) ' ;".:At" the 'earae.time,-vVe- iust provide "funds': f Or "ah ABMINISTRATOH^ S- l^jOOO'",) ' to .'get. more, funds j as v/eli as support for a rehabilitation "facility; (■ 5 250,000^ ) .This',facility'Vfp"uld -be funded-'for- tho mpst part/by. BliDERAL'^FUNpS,, ■' ' ■;-- Money'Resources which ^ pan-be tapped inciudet ^ " If-,S, Office-of Education .' ;.National.Institute'" of-Mentll-Health' \ V .Office of Economic.■ Opportunity." . 'V'.-' / , " ' ■ ' CrimeVCohtrpl'Cqmmissioh ■ ■ " ;■■■ ""v ■""N;k.c^CT -V ^ ■■ 'Federal,.U,PrfC> , . ■ : ^ aibp't' ■ . ■ " ! ' ■. .'v/ •' - . ; Many^privhte organiaatiohs, liBi. , ' ; ..Kiwaniov Lions,, ^Elke^ Aaerican Fund# ! ■ ■ "Sertomdj -Jayc'ees, ,and-TompkinB Co., Chamber of .Commerce.-' r/ .1 ■ ^.. 'X rVA^r'- "I-_ . VI- V . ; , ,••>«-- -V . '/'■•" «•'. -■ •' . T -v ^ !' .'t:' . V 1^. torn RAIIQE- I^OUHCSS 1. Educationi- Cornell, Ithaca College, Boces, Ithaca City School Diet., \<^%\ Churchoe, Synagogues, Fraternal Organizations, Doctors, Lawyers, Pharmacists, Nurses, Psychiatrists, Psychologists, ( this resource has been developed well ) T.C,N.G,C. 2. Help to those already into drugsi- Open House, Doctors, Mental Health, Mainline, Suicide Prevention, T.C.K^Q.C.,Pharmacists, Lawyers, lay counsellors, Family and Chlldrens Service. 3s. Treatment I- Doctors, Mainline, Psychiatrists (ve have too few), Pharmacists, Nurses, Family and Chlldrens Service, Mental Health Clinic. 3D. Behabilitationt* Perhaps Challenge Industries if altered to suit the particular noedsj otherwise nothing exists at this time. Tou can see by the above list of talents, this problem is being handled in diverse ways. Short term The short terra goal is to take care of the problem as it now exists. This is being handled mainly for the teen*ager6, the experimenters, thoss who are not yet into hard drugs. This handled mainly by OPEN HOUSE. This organizatioi exists now only through private contributions, and can only continue for a short time by this means. One can see this Is a very Important addition to our veapEnry. In my opinion, the top**priorlty item, one that will administer to the long range problem and the short term problem at the same time, for this should be the attack, should be a DBUQ COMHISSIOHSB. Be should coordinate all thaaa people, facilities, and should administer the funding of all the programs. ( see chart ) Bac A'Ound .q<^\ From €h« opea aoeting of the Mayor*s Advisory Council, March 22,1971, we have been told the following factsj FACT: The abuse of drugs has become a way of life for many people in this area FACT: The problem is not the drug, but lies with the person who abuses it, FACT: Drug abuse is a very complex problem, is multi-faceted. FACT: The drug problem is growing, despite all that has been done so far FACT: It appears this problem will be around for some time FACT: The hard drugs (narcotics) have entered this community FACT: Police action alone cannot stem the rising tide of abuse FACT: Educational efforts a3^ne do little to deter this menace FACT: It is felt that ONIT A CONCERTED EFFORT BY THE TOTAL COMMCHITT can begin to reverse this trend. FACT: We must act NCW; we must use our BEST RESOURCES; we must employ OUTSIDE HELP when possible. FACT: We must use our resources wisely, and plan our attack very carefully. Money is one resource! people are another, facilities (buildings) another. The problem at hand is both a short term need, and a long range one, in finding ways of using money, people, and facilities in a concerted fashion, MOia:T HAS HOT BEEN FORTHCOMING FROM THE STATE Priorities THE LONG RANGE- By degrees a person may go from a youthful experlmeter to the hard core addict. This we must try to prevent* It can only be done by a three-pronged attackl"* 1, Education of those not on drugs yet 2, Help to those youngsters who have gotten into the drugs (weak) 3* Rehabilitation and treatment of those dependent on drugs. These 3 areas have to be done on an on-going program! they must be continuous! they must be concerted, THIS ALL TAKES MONEY .> n • m DBSa COHMISSIOHBR (, CoudOlNftT*/?) City/ County Money Private Contributlone State Federal Money Grants ssockTion mm coHMissioii PEHlBILmXIC^ TOHPKIHS COUBTY NARCOTIC OOIDANCE COONCIL | Ithaca City Schools Cornell Univ. Ithaca College ! Churches and Synag, Fraternal O^anla* Doctors ! Pharmacists i Lawyers i Nusses I Hehabllitated Addicts i Psychiatrists Psycholocists \ om ms^sB Mental Health Clinic , Mental — Family and Child Service Famiajy and Child Service Mainline (crisis) Psycl^iatrists Suipido PreventionC crisis) Chall^enge Half-|Way House Doctc^rs Occupational Therapists Rehal:|ilitated Addicts Peycl^iatrists Psychologists T,C| Ked Cross Doctors Pha^^cists Kuri^es Lay^Counsellors Rehabilitated Addicts Psychiatrists Psychologist! .V- %k--^ 1 \-c- X,.r" : Q ; \ *4 i- 'A'-V r T r f--'; c ^ i.i f nWTt "'T n n " '.-v' i -v'Wi iUiv' f »•,; ,-•1"."', •/ n •" - n ■•■ ■■' • i".; ^ f" -L ■■' 1 August 24, 1970 ;■ Mr. Howard Stevenson, Jr. Commissioner of Public Works Tompkins Co. Highway Department Bostwick Road Ithaca, New York Dear Howard: The Town Board of the Town of Ithaca requests the Highway Depart ment's permission to leave the restriction in the 24^ culvert which drains under Warren Road from the BOCES vocational school towards the Junior High School site. The Town feels that because of the large amount of parking lots covered with blacktop, roads, and flat roof buildings on the 20-acre BOCES site, that the time of the runoff will be materially affected and could cause flooding downstream. The Board feels that by leaving the restriction in the County's culvert in front of the BOCES vocational school, we will be ponding water during times of heavy rainfall, and then allowing it to run off at a slower rate and thus minimize any downstream flooding. We also intend to increase the size of the pond in front of BOCES by removing additional dirt on the BOCES property and also by putting a restriction in the BOCES culvert to the north along Warren Road. Please advise the Board by September l4th, if possible, whether the above meets with your approval. Very truly yours, Walter Schwan, Supervisor WS:bp .. . ;•• •J JAMBS P. O'CONNOR MATTHEW P. MCHUOH WILJJAM P. 6U1.UVAN, JR. O'CONNOR AND McHUGH ATTORNEYS AT LAV.' SOO N. TIOOA STREET t fTHACA, NEW YORK 148BO i^4 -Is .,fr i-,- . > C ' J '"Ly October 29, 1971 t TEUEPHONE- a73-3S20 Mr, Walter Schwan Supervisor Town of Ithaca 108 East Green Street Ithaca, New York 14850 Re: Mr. and Mrs. Robert Owler 1512 Slaterville Road i(<ru Dear Walt: RVf'; im: -''Ye' ' ' I# ; >; We represent Mr. and Mrs. Robert Owler who recently purchased a lot at 1512 Slaterville Road in the Town of Ithaca. They have since constructed a modular home on the lot, but are now having some difficulty arranging for the extension of natural gas lines to their premises, I understand that the Owlers spoke to you recently about this problem and that you very thoughtfully suggested that the Town could resolve this rather serious problem by instituting condemnation proceedings. As you will recall, the service to their property must come from a line which extends across adjacent property owned by a farmer by the name of Marion. Mr. Marion has had a personal feud going with the Electric and Gas Company and will not grant it the easement necessary to service the Owler property. As I understand it, the easement involved would cover about 75 feet. If the Town Board could resolve this problem by con demnation, I know that Mr. and Mrs. Owler would be eternally grateful. As it is, all of their neighbors have natural gas but they remain without because of this long standing feud. It does seem unfortunate and would merit your consideration. I would appreciate your consideration of this matter. If I can be of any assistance whatever, please let me know. Sincerely, O'jGOlWlSR & MC HUGH ' MATTHEW F. MC HUGH MFM:IMV ' ' >v nn ' MORSE CHAIN. ITHACA, NEW YORK 14850 • TELEPHONE 607-272-7220 September l6, I968 Mr. Walter J. Schwaiij Chairman Ithaca Town Planning Board 20 Muriel Street Ithaca, New York Dear Mr. Schwan: To confirm our discussion following our site inspection last last month, I am forwarding attached details of our plans for your approval. To review briefly, Morse owns a strip of land 50' wide between the Maxwell residence and the National Cash Register Sales Office property which was reserved to provide an access to Route 96B from our tract of some 20 acres of relatively level land to the west of the above mentioned neighboring tracts. It has been our plan of long standing to develop our land in this area, utilizing the 5O' strip to build an access road which we would intend to petition the Town of Ithaca to accept. The purpose in our recent meeting was to examine the site and establish the requirements the Town feels are prerequisite to acceptance of the road we will build, these requirements being affected mainly by the passage through the entire 400' length of the access of a newly constructed drainage ditch built as a part of the reconstruction of Route 96B by the State. Our finalizing details in this matter has been complicated by the fact that the survey monuments placed by the State are substantially incorrect and a new survey had to be taken. Also, we now find that the new ditch does not follow the northern boundary of our access as we had believed, but follows an irregular course down the center as indicated in our drawing C118773 attached. We have listed on attached Specification Sheet A dated 9/16/68 your re quirements for the con5)letion of a roadway acceptable to the Town as we understand them. It would be appreciated if you would review these specifications and confirm that they represent the minimum requirements for acceptance of the roadway in your opinion. We appreciate your assistance in establishing these requirements, and stand ready to supply any additional information you may require. I j j John Bebbington fe; Vice President R ^^^<V^rB>ew^ Director of Manufacturing "Encs . DIVISION of borg-warner corporation SPECIFICATION SHEET A 9/16/68 Specifications and cost estimates for preparation of a road bed along the access between the Maxwell and NCR properties which meet minimum requirements for acceptance by the Town of Ithaca: Survey property to relocate Morse Chain lot reserved for future street $ 5OO. Site preparation and additional excavation as required to install drainage culvert 1,500. Furnish and install approximately ^^20 lin, ft. of 58" X 36" C.M.P. @ $21.00/lin. ft. 8,820. Furnish and install 1 end section @ $330.00 33O. Construct manhole at culvert angle 400. Haul and place bank-run gravel to depth of 2 feet above culvert pipe and 32 feet road width. 2000± c.y. @ $2.90 5,800. Contractor fees, etc. 4,300. $21,650. ,-;■ -:,.::;:mm:m ••■.?7 •'■^ >-■ December 11* 1969 Kennllworth Associates 2 i'ark /%venue New York 16, New York Attention: Mr. Nichard M. Newman - ' A- Dear 3ir; The representatives of Kennilworth Assooirites were present at the Town of Ithaoa Planning Board Meeting on December 9, 1969, Planning Board Approval was given to the Multiple Housing Proposal, comprising 258 units in 15 buildings, conditional upon approval of an acceptable plan for refuse disposal screening, an acceptable landscape plan and a proposal for a future access road* The required information can be sub mitted at the January 13, 1970, Planning Board Meeting* Planning Board Approval was also given to the site plan for the Commercial Area outlined in red and designated Phase I* Sincerely yours, Walter J* Schwi Planning Board l.rmon WJ S:pp cot Norman Levine PROPOSED AMENDMENT TO TOWN OF ITHACA PROPOSED SIGN ORDINANCE It is the recommendation of Park Displays, Ithaca, New York, that section 5f be eliminated and that paragraph e be added under section 6. e. Billboards, providing that the spacing, lighting and size requirements set forth below apply: 1. Location a. Signs may not be located in such a manner as to obscure, or otherwise physcially interfere with the effectiveness of an official traffic sign, or device, obstruct or physically interfere with the drivers view of approaching, merging, or intersecting traffic. b. In the town of Ithaca, no structure may be located within 500 ft. of an interchange, intersection at grade, or pavement widening at the exit from or entrance to the main traveled way. c. If an area becomes residentially developed, or subdivided into housing lots that will result in substantial residential visability of the sign, said sign or signs will be removed. 2. Lighting: billboards will not contain or include illumination by any flashing, intermittent, or moving light of lights. Billboard lighting will be effectively shielded to prevent beams or rays of light from being directed at any portion of the traveled ways and which are of such intensity or brillance as to cause glare or to impair the vision of the driver of any motor vehicle. No sign shall be so illuminated that it interferes with the effectiveness or obscures an official traffic sign, device, or signal. 3. Size:^ the maximum area for any one sign shall be 325 sq. ft. with a maximum height of 24 ft. above the road grade level and maximum length of 30 ft., inclusive of any border and trim. LAW OFFICES OF MA2ZA, WILLIAMSON &. CLUNE 317 NORTH TIOGA STREET JTHACA, NEW YORK 14350 BRUNO A. MAZZA, JR. ROBERT J.WILLIAMSON Area Code 607 Telephone 273-3339 ROBERT J. CLUNE I February 24, 1972 Mr. Walter Schwan Town Supervisor Town of Ithaca Town Office 108 East Green Street Ithaca, New York 14850 Dear Mr. Schwan: I have reviewed the proposed Town of Ithaca Sign Ordinance and note that the ordinance eliminates attorneys for Park Displays, it is Section 7 of the Ordinance be amended by adding a Subdivision C which would authorize billboards districts. This amendment would require very little cb^ge in the ordinance as prepared and it would ®®'^® of billboards subject to the regulations and '^®®®®"^ypermits all as set forth in the ordinance as submitted to IL Town Board. As I stated at the public hearing. Park Displays is a locally based corporation and we feel we ® ^ a chance to ooerate our business in the Town Itaaca, as wel as in the areas in the County of Tompkins and City of Ithaca. We have no objection to being regulated a business or industrial area and/or an ®9ricultural distric^ We do. however, feel that the elimination of billboards entire yis too harsh a treatment and discriminatory to our cli^ut.However, if we were allowed to ®^f the ordinance abide by all other terms applicable to billboards T wonlfl also recfuest that the section which regulates the ^ existence of nonconforming uses be changed to allow uSs to exist for 10 years, as has been proposed in the ordinance for the City of Ithaca. I will be unable to attend your adjourned meeting of February 28 , at which time there may be discussion on^esign ordinance, but I will attend the public hearing of March 13th. r ' i. 1 I * '•. ''I; 'l I , ' r V t .'V-Mr^' Walter Schwan "■ ■■ ■; ,- / ^;^:Page .2 ■ ^ ■ February 24, 1972 .• ' ' ■ ' Thanking you fin advance for your consideration of the above ^^tters, I remain ", ; ■ , ■ Very truly yours. . i •ROBERT I WILLIAMSON ; RIW;dls '■ . "''.cc: .Mr. Ed Bergen •, . . , ' ' • \ ' "Town of Ithaca . 'js. Town Offices>, .''l,; 108 East Green Street I-hhaca, New York 14850 ■" ■";Mrs. Barbara Holcomb " ■>-. ■ ■ Chairman, Planning Board 141 Northview Road Ithaca,'New York 14850 ( TOMPKINS COUNTY CHAMBER OF COMMERCE 205 West Green Street • Ithaca. New York 14850 • Telephone (607) 273-7080 March 9, 1972 Ithaca Town Board Come live the good life! Gent Iemen: This is In reference to your pending sign ordinance. At its last meeting the Chamber Board of Directors expressed concern that the sign ordinance for the Town of Ithaca would not be, as Town officials had earl ier stated, "essential ly the same as the City's." At the time the Town's ordinance first became publ ic. Town officials reassured the publ ic that the Town's ordinance would closely para l lel the proposed City ordinance for greater uniformity. Since the Chamber was already involved in the redesign of the City's ordinance we assumed the Town would make appropriate modification to its ord i nance. This letter, then, is our official request that the Town Sign Ordinance paral lel the City Sign Ordinance, to achieve uniformity of regulation in the greater Ithaca area. ord i a I I y , LCVY A Executive ^ice President J L/cr 3, '—■ V • ^■- ^y (' V " ' -. -v.-- • -.V BRUNO A. MAZZA, JR. ROBERT t. WILLIAMSON ROBSt^T J. CLUNE LAW OFFICES OF ■•• .1' MAZZA, WILLIAMSON & CLUNE • V 317 NORTH TIOGA STREET ITHACA, NEW YORK lASSO I /• ^ s ^ " i Area Code 607 Telephone 273-3339 March 17, 1972 ^ i.. : Mr. Walter Schwan Town Supervisor Town of Ithaca 108 East Green Street Ithaca, New York 14850 Dear Walt: I am enclosing herein a copy of the proposed amendment to the Town of Ithaca sign ordinemce as prepared by Park Displays• r^self, and/or a representative of Park Displays iswilling to meet at any time with any representative of your board or Planning Board concerning the inclusion of billboards in the ordinance• As I informed you earlier in my letter of February 24, we are also very interested in changing the Section regulating the existence of nonconforming use to allow them to exist for ten years as proposed in the ordinance for the City of Ithaca. Thanking you in advance for your cooperation. Very truly yours, ROBERT I. WILLIAMSON RIW:dls Enclosure cc: Mr. Ed Bergen Town of Ithaca Town Offices 108 East Green Street Ithaca, New York 14850 Mrs • Barbara Holcomb Chairman, Planning Board 141 Northview Road Ithaca, New York 14850 •^vrfvV- i : /A--. . ; PROPOSED AMENDMENT TO TOWN OF ITHACA PROPOSED SIGN ORDINANCE It is the recommendation of Park Displays, Ithaca, New York, that section 5f be eliminated and that paragraph e be added under section 6. j n f. ...I e.Billboards, providing that the spacing, lighting and size reouirements set forth below apply: - ^i- "i--I nnn : •r '■ 'A V-f F t'%- ■X-.X r '■< '/i-V. r:- »; V or an 1. Locationa. Signs ipay not be located in such a manner as to obscure,othervyise physcially interfere with the effectiveness ofofficial traffic sign, or device, obstruct or physicallyinterfere with the drivers view of approaching, merging, or intersecting traffic. b. In the town of Ithaca, no structure may be located within500 ft. of an interchange, intersection at grade, or pavementwidening at the exit from or entrance to the main traveled way. c. If an area becomes residentially developed, or subdivided into housing lots that will result in substantial residentialvisability of the sign, said sign or signs will be removed. 2. Lighting: billboards will not contain or include illumination by anyflashing, intermittent, or moving light of lights. Billboard lightingwill be effectively shielded to prevent beams or rays of light from being directed at any portion of the traveled ways and which are ofsuch intensity or brillance as to cause glare or to impair the visionof the driver of any motor vehicle. No sign shall be so illuminated - that it interferes with the effectiveness or obscures an official traffic sign, device, or signal. 3. Size:^ the maximum area for any one sign shall be 325 sq. ft. witha maximum height of 24 ft, above the road grade level and maximumlength of 30 ft., inclusive of any border and trim. *• •' a-i CDWARO J. CASer (1899-1967) eOVMRO W. KINO CASEY & KING ATTORNEYS AT LAW '': 3DB N. TIOOA STREET P. O. 0 O X 7 a 7 ITHACA^ N. Y. lABSa April 17, 1972 TELEPHONE AR 3-SS77 AREA CODE 607 The Town Board Town of Ithaca 108 East Green Street Ithaca, New York Re; Proposed Sign Ordinance Local Law No. 1 of 1972 Gentlemen: On behalf of Kennilworth Associates, I urge you to con sider the following proposed amendments to your sign ordinance as proposed last Monday. (References are to the page numbers on the mimeographed copies.): (Pg. 10): §16. Non-Conforming Signs. (a) Any non-accessory or off-premises sign or bill board which has been in existence prior to the effective date of this local law and which does not conform with the provisions and standards of this law and any amendments thereto, shall be removed within 3 years from the effective date hereof, unless within such period such sign has been changed or repaired in a manner which will meet the requirements of this law. (b) Any other sign which has been in existence prior to the effective date of this local law and which does not so comply, shall be removed or made to conform within 6 years from the effective date hereof, PROVIDED HOWEVER that no such sign which cost $1,000.00 or more at the time of its erection need be so removed or altered to conform within any period shorter than 10 years from the date of its erection. Such sign costs and the date of erection shall be estab lished by documentary or other satisfactory evidence which must be presented to the Town Zoning Officer within 3 months after the effective date of this ordinance. The Zoning Officer shall thereupon make a permanent record of the facts so established, and shall issue to the applicant a Certificate reciting the establishment of findings as to the particular sign, * * * Proposed substitute for the last sentence of §7(a) on page 5: (Pg. 5) §7(a): ***** No sign extending more than 3 feet above the roof line of the building to which it is attached shall be permitted unless the plans and design thereof shall be submitted to and approved by the Town Planning Board as a permissible design The Town Board -2r- April 17, 1972 within the intent and purposes of this ordinance. I regret that I have been unable to thoroughly examine other parts of the proposed ordinance or to get comments back from my clients on this in the week.since it was first proposed. I hope that you will defer final action on the ordinance until your next regular meeting, to give us a little more time for our con sideration of if. Edward W.'^ King EWK/meh 091981. February 25# 1970 Hew York State Eleotrlo & Oas Corporation P.O. Box 50 Ithaca# New York 14850 Bear Hp. Hurray: The iovm of Ithaoa would like copies of maps from New York State illeotrio and Gas showing all power line right-of-waye within the Town of Ithaca* Ileaae check all right—of—way; agreements to determine that the maps show the total width of right-i>f-^ays you have# even though you isay only be using part 01 it* We would also like maps showing any gas line right-of-ways within the Town of Ithaca* Please forward these maps to the Tompkins County Court House# Assessment Department, so that these right-of-ways can be drawn on the tax maps of the Town of Ithaca* Very truly yours# Walthr J* Gchwan Supervisor WJS:pap rk'Cy■■ffi '•. .•- .5 . . ' . ' ■4S-,: tf> - '} ^ . .-. ■ • ■' • <>Ws^ ■■ ■ 'a-e •H"'* •r-f- i -pec^iP^^mher 6^ 1971 "C ''i.l •s J;' ,'. ' ^ ■ .'■.vV;'!^; ■■ /■"■-■■":&;-■■ - ^.■■. '_ _ mes 'W. Turner ' . ■" r. Kmer, >' •■.'•.'>■' ' Vr-.- V •,.-•■'■• .. 'V''.' . ■■'''••'PKa rvM-yvvsne H a 4« ■!> a-mI ^i .i Mr. James W, Turner New York Ithaca Dear Mr, The purpoee'Of 'letter ip'^feo coi^ey In writing the Town of Ithaca's verbal request for additional intersectionlights. The following Intersections haye\be.en designated for lights by resolution of 'tl;ie' "l^wn Board... " 7.000 luffien Birchwood at jBalem Drive +r^ % 4 \- #fc/dircnwooa ay-jBaiem, Drive / -.jv ' 4 ■; f * -'X.i • ' 2"^ < f> I Maplewood'at Salem Drive ' ' * v Pinewood at Maplewood ■ Christopher Circle at Christopher La^te Brandywine at Christopher Lane S ugarbush Lane at Snyder Rill Road go.000 lumen - ..-r Ithaca College Road at Coddington Road 'If In addition, the light on Rt. 3^6 opposite Cornell's entrance road needs to be moved opposite the new entrance road. All of the above to be installed and maintained under the termsof the contract between New York State Electric & Gas Corporation^ and the Town of Ithaca. Mr. Emil Policay of Ithaca College has authorized me to request for Ithaca College two 7,000 lumen lights to be installed on Coddington Road end spaced so as to light Coddington Road from the City line to the College's entrance road. The purpose of the lights Is to provide illumination for pedestrian traffic to and from the City to the College. These two lights are to be billed to Ithaca College on an annual basis. Sincerely yours. ■: WJS/elb 1".;.; ±; ■•,.,;;'& '"tv s- Walter J. Schwan V V': 1^- ■^- Ithaca City School District .4.SFebruary T972 iflr. Walter Schwan Town of Ithaca 108 East Green Street Lthaca,--New York 14850 Dear Walter: Yesterday Mr. William Gee of the NIY^S." Electric and Gas.Corp., came to my office with ^proposed,location for,several lights in various lighting districts within the Town of Ithaca.. One of the-places designated would involve the'setting-of a.pole on.our property north^bf Christopher Circle where the'walk-way extends, from Christopher Circle north to the'Northeast Elementary School. I put Mr. Gee off telling him I would Tike to talk-with you and the Town prior to answering his question. Several citizens, representing parents, taxpayers at-large, etc. have.complained about the lack of lighting near.the exits -and entrances to our two new junior high schools (Hanshaw Road, North Cayuga Street Ext.) Will you as town representative, discuss with the councilmen the'possibility of requesting from the N.Y.S.Gas & Electric supervisory lights at the locations near the two junior high schools such as-those lights you requested for Woolf Lane and Grove:Place, Christopher Circle, Snyder Hill Road and Charlene Drive, SugarbrushLane and Salem Drive and Maplewood. I am sure the addition of supervisory lights in'these particular locations^'WouTd "certainly help*the~ flow of vehicular traffic. cont'd, CITY OF ITHACA 14850 400 LAKE STREET 274-2121 NEW YORK Mr. Walter Schwan Page 2 4 February 1972 Thank you for discussing this with the town representatives and I hope you look upon this request favorably. Sincerely, L. William Banner Assistant Superintendent LWB: mb cc: Mr. Edward L, Bergen, Town Clerk Mr. Victor DelRosso Mr. Noel Desch Mr. Andrew W, McElwee Mr. Robert N. Powers NEW YORK STATE ELECTRIC & GAS CORPORATION ITHACA, NEW YORK 14850 March 6, 1972 Mr. Walter J. Schwan Town of Ithaca Supervisor 108 E, Green Street Ithaca, New York 14850 Dear Sir: This is in regard to the 400 watt mercury street light at the'" intersection of Cornell University Parking Lot entry and Dryden Road (Route 366). In our recent request for a permit from the New York State Department of Transportation to move the light we were turned down. It seems that the director for this area will only allow the use of three (3) street lights over a state highway where an intersection is to be lighted, Our recommendation is to use three (3) 175 watt mercury units at an annual cost of $135,00 ($45,00 each per year) and remove the one (1) 400 watt unit. The 400 watt unit costs $75,00 per year. The three (3) street lights installation would be a $60,00 per year increase. Please let us know your decision as soon as possible. Very truly yours. GJM:bmm G. MESSMER Residential Representative •Vc, J.r -- n ^ ,i .MA V , :|jjr.^£T. ii , !\i i\ ux rjctMaij' . .ir- .-r-A ■'• .V " ^•.:.);nv.j- ->\ ■ j\. \ ' ; ■ " ' { ■■•'<<'> '-f-.i- ^'•; ' (..'j: .Vf-G-'j \, :j\. . . ; fjiL'-w' ( ) 1 '.'!''• {]) .I .j .. f :-;rt.8 \f OA.'.J q-x-n: X ' J; ' ' ,;." • 1'! n.'. f.r.EfIJi j.X'i c .V f ■■jf.m f } f' ; {i , iLiA-'-'l-Uv f I ifl'' ' •' J-A-! *1.0 • •■.y.r-^cx 'a* ....^.. L -a.- '• ■ March 27s> 1972 Mr, C. Ames5 Traffic Engineer Nevj York State Department of Transportation 333 East VJashington Street Syracuse^ New York 13202 Dear Mr, Amess The Town of Ithaca has been advised by the New York State Electric & Gas Corporation that they were re fused a permit by your office to move a li^t on Route 366 from the old entrance to the Cornell University parking lot to the new entrance. Their letter indicated that all State Hlghvjay intersections must be lighted by three lights. What Is the basis for this requirement? All inter sections are not the same and it would seem more sensible to require lights only as needed based on the Intersection involved. The Town of Ithaca lights intersections within the Tovm and the budget for this function has already reached $12^000 per .year. A blanket rule of three lights per inter section on State Highways would increase the annual cost per intersection from $75.00 per year to $135,00 per year. This could have the effect of curtailing any future lighting of State Highway intersections within the 'Toxm of Ithaca. A decision on whether to light the new intersection has been deferred by the Ithaca Tovm Board until vje hear from you. Yours very truly5 Walter J, Schwan Supervisor WJS/elb NEW YORK STATE DEPARTMENT OF TRANSPORTATION Region 3 Office: 333 East Washington Street, Syracuse, New York 13202 File: Permits Iferch 28, 1972 Mr. Walter J. Schmn SupeiTvisor, Town of Ithaca I08 East Green Street Ithaca, New York I485O Dear Sir: Re: Street lighting Intersection of Route 366 and Cornell University drive This is in reply to your letter of March 27, 1972, regarding the above- captioned subject. I believe there has been some misunderstanding regarding my refusal to grant the New York State Electric and Gas Cor poration permission to light the si±jject intersection. I informed the Power Company that if a single street light were used, the luminalre would have to over-hang the drive rather than the State highway. The reason for this is to eliminate the glare factor that is caused by a single luminalre for the thru traffic. This glare factor is disconcerting to the thru motorist. The officials of the Power Company vdiom I talked to had planned to have the single luminalre over-hang the State highway and did not seem happy with hqt decision to have it over-hang the drive. They inquired as to whether or not I would approve a permit if three luminalres were used rather than one, all to over-hang the State highway. I indicated that I would approve such an installation since the glare factor would be reduced. I have heard no more regarding this matter until I received your letter. I would like to clarify the point that there is no blanket policy indicating that three luminaires per intersection are required. The only restriction is that if a single luminalre is used, it must over-hang the side road rather than the artery. This is being done in other Counties in Region 3 with no apparent problems. Very truly yours, JOSEPH M. POWERS Acting Regional Director of Transportation By C. L. AMES Regional Traffic Engineer GLA:amd NEW YORK STATE ELECTRIC & GAS CORPORATION ITHACA, NEW YORK 14850 November 16, 1972 Mr. Walter Schwan, Supervisor Town of Ithaca 108 E, Green Street Ithaca, New York. 14850 Dear Sir: As per our recent conversation regarding street lighting, we are including a new street lighting contract for the Town of Ithaca. It is essentially the same as the existing contract except that the underground lighting clause is included as are the prices for the new high pressure sodium units that are available. Please execute both copies of the contract and return them to me so that we may have them completed by our management. I will then return one copy to you for your file. Very trulv yours. GJM: bmm Ends. Gi J. MESSMER Residential Representative February 9, 1973 Mr. G. J. Messmer Residential Representative New York State Electric 8c Gas Corporation Ithaca, New York 1^850 Dear Mr. Messmer: In accordance with your letter of November l6, 1972, we are enclosing herewith in duplicate new street lighting contract for the Town of Ithaca. We will look forward, after they have been signed by your corporation, to receiving one copy for our files. Sincerely yours. Edward L. Bergen Town Clerk elb 3'12 Winth.rop Drive Ithaca, New York 14850 5 December 1972 The Honorable Walter J« Schwan, Supervisor Town of Ithaca 108 East Green Street Ithaca, New York 14850 Dear Mr. Schwan: We wish to thank the Town authorities, and in particular you and Mr. Bergen, for the efforts which have now resulted in the proper shielding of the floodlamps at the Church of the Latter-Day Saints on Burleigh Drive. With these modi fications in effect, there will 1 think be no imtoward impingement of light and glare on surrounding property here, whatever lighting schedule the Church wishes to follow. This would be an encouraging development at any time, but it strikes us as being an especially good omen for the future at a time when the Town is perhaps moving towards a new concept of floating zones for land-use under certain circumstances. Any such zoning will of course depend less upon the letter of the law than upon a genuine, operative sense of community in the neighborhoods it affects if it is to satisfy property-owners, and under such zoning the Town authorities would doubtless be called upon more frequently to use their good offices as you have in the present instance. We are also dropping a note of thanks to the Church. YqpLi^ sincerely, jharles S. Levy RECEIVED JAN 9 1976 lOWN of: ITHACA' Januaxy 9, 1976 Mr. Walter Schwan Ithaca Town Supervisor Town Hall' - 126 East. Seneca Street Ithaca, New York 14850 Subject I Street Light at the Corner of Sycamore Drive and Salem Drive Dear Mr, Schwanj We are one of the few residents of the newly "built Sycamore Drive (off Salem Drive), At present there is no street light at the comer of Sycamore auid Salem Drive, it is impossible for a newcomer to this area to find this road at night. It is also a safety hazard for us to drive at night. We wo^d requpt you to kindly take necessary action so that a street light is installed at the appropriate place. from you. Thank you veiy much. Looking forward to hearing Yours sincerely, H. M, Raquibuz Zam^ - - - . 104 Sycamore Drive Ithaca, New York 14850 JU^ NEW YORK STATE ELECTRIC & GAS CORPORATION JTHACA, NEW YORK 14850 received JAN Is) '1976 TOWN OF ITHACA January 16, 1976 Mr. Walt Schwan, Supervisor Town of Ithaca 126 E. Seneca St. Ithaca, N.Y. 14850 Dear Walt: This is a follow-up to our discussion January 13, 1976 regarding street lighting improvements along Route 13 from Ithaca City line north. We are planning rewiring of the underground circuitry serving the street lighting along Meadow Street, Route 13 due to its poor condition. We can save considerably on cable costs if we can reduce the connected loads along this circuit. With this in mind and also looking at energy conservation, we propose: Changing (18) fixtures on the main line from town-owned 400-watt Mercury (20,000 Lumen) to 250-watt high pressure Sodium (25,500 Lumens) fixtures to be owned and maintained by us. Further, the (13) 250-watt Mercury (11,000 Lumen) units on the entry/exits would be changed from town-owned to 150-watt high pressure Sodium (16,000 Lumen) units owned and maintained by us. This would cost the Town $596.60 more per year. However, it will represent a considerable savings in maintenance costs to the Town. The existing fixtures seem to be failing at unpredictable times and are non- repairable, necessitating conq)lete replacement. This replacement has cost the Town $975.23 in just the past couple years and appears to continue as other units are faulty. The up-grading from Mercury to H.P. Sodium will increase the lighting over 30% while reducing the electric load in excess of 35%. This represents an energy savings of over 16,000 KWH per year. Of course, you are well aware that from Town line south, the street lighting is by City of Ithaca. They too have been contacted in coordinating this effort. We look forward to your reply in coordinating this joint effort. Very truly yours, GJM:pcc G. J. MESSMER Commercial Representative Ithaca Area 3itn0tfln Qlnurt Apartm^ntH MAILING ADDRESS: ROCCO P. LUCENTE LUCENTE HOMES 506 WARREN ROAD ITHACA, NEW YORK 14850 "Your Key to Better Living" RECEIVED JAN 19 1976 TOWN OF ITHACA RENTAL OFFICE: 103 SALEM DRIVE ITHACA, NEW YORK PHONE: 257'0717 — 257-0964 Ithaca, January l6th Walter Schwan, Supervisor Town of Ithaca 126 £• Seneca St. Ithaca, N.Y. 14850 Dear Walter : As you request at the Town Board meeting, I am writing to ask that you look into the inadequate street lighting situation on the town roads at the - Winston Court Apartments. There are four locations that should have street lights in order to insure the safety of our tenants. Attached is a scatch showing in blue the lo^ cation of the only existing lights in the area and in red the locations that need lights. There is a light already at the north east corner of Winston Court that I installed at my own expense and I have been paying - the electric on every since. I would appreciate your looking into this matter as soon as possible. Sincerely, ROCCO P. LUCENTE ' '%-'y n •if - :-• .»': n ^' n '%. Ht,. M >:->r- \ i'. j ■&- . •>'^ • VJiK>g''wG)UeT : - .'''2-Jt?*^r -k;- ""J •.•'■'.v« ■;•■< s'. "Mk!*> ---M' . ; • ^1 'WwmM^MfE#'• >• ' i! ';Ss Vk<,: >„••;"■ -.■■■■;&•r'J-'y' X ""■' ' . ;-^Kv^, "i •" \ -'>• .-. , '':*^^ "Jfi ,'1;.1- ■ a^XiiWh..-' ^'.'iS'' J^f<i-ttiiyi r»i<> :$At-EnT>K.ivt 'i'kv m ;•*, ,■X..^ '' ■■■ ' iC'.'•! .-.Wv;)?^- ' ."■ ."<:•• 'VV' /," 't :i.' • '. y. X' ■ ■ ■ ■•■' i^V"' \ '',^4m«3fc'iii,'>'- . ■ ''i ■'"'■ ■-: ^ '■j- ■"' . ' '"■^' ^ .' : If i. T.'^iA:ia-. '"Vi ::r . i ,. . . ffv •>-:• -w-y VOitOstovJ Ca i' "i?!" '.■*'-^''{»ri?»r . ■X<i~ ■•^'\ . ...•-•«5:. ' litiiiniJ ■V''"'-"'y m 0^ December 3$ 1969 Mrs* H«^* Fisher 707 Hall Street Aliquippay Pa* 15001 ReI Property-733 East ^hore Drive Dear Mrs* Eisher; In reply to your letter of November 23rd, the property in question is located on the east side of East Shore Drive. At this time there have been no contracts for property cut-backs. Also there has not been any sidewalk proposals* Very truly yours, Walter J* Schwan PP 4 MRS. HARRY E. FISHER • 707 HALL STREET • ALIQUIPPA, PA. 15001 fXiisu/nlLA yiA^S-f }J)ua} ;lih \ JkOmJ iMSt/JUAAiJ jJ (iJ~ 7.5 3 ^k«) — (yrr^iJi^. OmJ ^^AAeJiM'io ' j/^AAA.dJjL<uJ ^ " ^udeJ. 3 JuUL "/7tXi/ "ic, d tiiMX^ U Qamj }Q\j>-Ai»xuJ^rhJJe, - (Ti Cut Jhd.^ n4ytXL yTnM- Od^iyCj.^ ^01^ , Qjd CU^ -.?^V\;-'V-¥'V^>''^W prnrffV m) 'nunpKM m^pO f^wyL^^fyrpwv ~p ^ ''^■fYl; final 105 Park Lane Ithaca, New York 143^0 May 11, 1973 Mr* Walter Scbwanxi Town Supervisor Town of Ithaca 106 E Green St* Ithaca, New York 14330 Dear Mr* Schwann, The original plans for the Eastern Heights Subdivision called for a sidewak on Park Lane* This was in response to FH4 requirements* Eastern HeigbLs Corporation advised the Town that they would install such a sidewalk, in the attached letter dated Get 8, 19^3* In a subsequent letter they stated that a sidewalk would be installed by Aug 1, 1963, or 30 days after the road was paved (letter datedOct 24, 19^8 attached) On December 4f Eastern Heights Corporation advised the Town that an escrow fund of 13000 had been established to guarantee installation of the sidewalk (see letter attached)* The sidewalk has never been built* Informally we leam that there is no escrow fund* Has the Town released the Corporation of their obligation? I am aware of no legal reason for the Corporation to avoid their obligation to build a sidewalk or cancel the escrow fund* If the f^nd is indeed extinct there may be vaolations of the laws regarding intermingling of escrow funds* These are not just violations of zoning, they are criminal actions in New York State and as such are most serious* I w^uld ask that the Town Attorney examine the case for such possible violations and take appropriate action* I would like to be kept informed of progress in this matter* The letters enclosed and cited are copies from the Town filesv As background to part of this problem, several residents on Park lane did sign an Informal petition objecting to the sidewalk* I believe about half of the residents of Park Lane signed it. I do not think it went to the Town, but Iks to the Corporation* It surely had no legal forse* Many of the signers, including myself, would prefer the sidewalk to nothing but would rather see the cost expended on other Improvements such as trees for the park* Thus our signatures could hardly be interpreted as a desire to simply give the Coi^oration an out on their obligation* The cost of a sidewalk was budgeted and surely charged to the cost of the homes we bought, therefore we have paid for it* Sincerely, iW A Robert G* Sexsmith Chairman, v.ater and sewer committee Eastern Heights Homeowners Association NEW YORK STATE DEPARTMENT OF TRANSPORTATION Raymond T. Schuler, Commissioner 1220 Washington Avenue, State Campus, Albany, New York 12226 June 28, 1974 Mr. Walter J. Schwan y Town Supervisor Town of Ithaca 108 East Green Street Ithaca, New York 14850 Dear Mr. Schwan; _ -—- - n Your letter dated May 29, 1974, concerning the access to a proposed Town of Ithaca park near the southern end of the Flood Control Channel, east of the Lehigh Valley Railroad tracks and west of the City of Ithaca border, requested a letter from us stating that we will provide vehicular access to the proposed park. We are not able to define the .details of the design -of what ever facility will be constructed for the -proposed Route 13 corridor south of the City of Ithaca. Indeed, alternatives will have to be made the subject of public hearings and the comments that are made at those hearings will be analyzed and considered. At this time, the best we can do is to assure you that the alternative of providing access to the park will be provided for in the presentation to the public. Realistically speaking, an improvement of Route 13 south of the City is not a project that will be built in the foreseeable future. Sincerely,- W. C. HENNESS1 Assistant Commissioner Transportation Operations b.b . rt-? . ^.0 ii8 Wlnaton Drlva liaaca, H*w lorK x4tS30 May b, 1977 Mr. Waltar SeUwan 126 K. Seneca Street Ithaca, New Yerk: 14850 Dear Mr. Schwani I am wrttlng with regard t® tUe walkway that children ef the northeast area use In going to, and from, the northeast school. This is the walkway between Warren Head and the Winston Court apartments*. liOst Tuesday and Wednesday (April 26 and 27) my daughter and a friend were forced off the walkway by an automobile. The car entered the path from the Winston Court apartments, moved down the path at a high speed, turning left off the walkway at Muriel Street. Local residents also have noted a lot of automobile traffic on the walkway durinc! the evening hours. They have complained about this problem before, but it has gone unsolved. I feel that it is imperative that something be done to stop automobile traffic ©n the pathway. This traffic is a serious threat to the safety of our children, I realize that the walkway must bo open at times for snow plowing or maintenance work, but we must make sure that it is not accessible to motor vehicles at other times. I am requesting that some type ©f barricade be placed at tne entrances to the walkway at Warren Road, Muriel Street, Tareyton Drive and Winston Court Apts. {Winston Drive). We await w©rd from you and the Town Board on"a solution to this problom. Sincerely, "TVX-V) ^^>;cA<v^<S Mrs. Richard Austlc Health & Safety Chairman Northeast f.T.A. ec: Town Clork 126 £. Seneca St* xl ^ V CHASLBS S SYXES ARCHIBAUD N. OALLOWAY ROSWBI.I. C.CIKEMAK ROBEHT W. MARSBLOW C. SCOTT STRES, JH. AXEXANSER T. OAIJX>WAY U SYKES, GALLOWAY & DIKEMAN ATTORNEYS AND COUNSELLORS AT I»AW ISO BROADWAY NEW YORK, N. Y. lOOOC October 20, 1970 Mr. Walter Schwan Supervisor Town of Ithaca 108 East Green Street Ithaca, New York 14850 Re: Town of Ithaca, New York Our file 3794-G r AREA CODE 213 367' OS41 367-064S 367 - ossa Dear Mr. Schwan: We have received your inquiry of October 16th concerning a number of suggestions for reorganization of your district setup and have the following comments. First, you speak in terms of abolishing all water and sewer districts and establishing one district. We assume from this that you are referring to "consolidation proceedings" rather than proceedings to dissolve districts. If the existing districts were consolidated pursuant to Section 206 of the Town Law, you would end up with a single consolidated district designated by whatever name you choose. Such consolidated district would have boundaries representing the outer boundaries of all existing districts so consolidated. In order to end up with a single sewer district or water district having boundaries coterminous with the town boundaries it would be necessary to enlarge and extend one or more of the existing districts prior to consolidation or to include in the proceedings for consolidation other proceedings for extension, all as apparently authorized under subdivision 13 of Section 206. Second, you mention charging principal and interest on a "benefit basis only to benefiting users". If the town wishes to pay debt service from proceeds of sewer rentals which may be charged only to those properties actually connected to the sewer system, it may do so. On the other hand, to the extent that revenues from sewer rents are insufficient the Town would be expected to levy assessments on all of the taxable property within the district on a benefit basis thus charging each parcel of land an amount proportionate to the specific benefit received by virtue of the existence of the sewer system. Since a district is created on the assumption that all the properties contained in the district are benefited you cannot limit such assessments to properties and Mr, Walter Schwan October 20, 1970 buildings actually connected but would have to levy such assessments against all taxable property in the districts. You suggest it would be easier to extend districts if they were town-wide and this thought has us confused. If a district is town-wide there is no place to go for an extension. One advantage you might have as a result of extending a consolidated district to cover the entire town is that in the future, any increase or improvement of the facilities of such consolidated district could be provided by a simple proceeding under Section 202-b of the Town Law. You indicate that maintenance and operating costs would become a general town charge. This would not necessarily be true in the case of consolidation of districts where you would continue to levy assessments throughout the districts as consolidated for these costs. On the other hand, if you are referring to the dissolution of districts under Section 209-r of the Town Law, then you are correct in that the town has a choice as to the handling of debt service in the dissolved districts, but the statutes specifically provide that operation and maintenance shall be town-wide charges. When we refer to town-wide charges we, of course, mean the entire town outside the Village of Cayuga Heights and you are correct that the so-called general town charges would be levied on the Part Town budget. Needless to say, if you wish to include on your special assess ment rolls those properties previously kept out of orginal districts, some steps would have to be taken to create new districts or extensions to cover such properties. This assumes a consolidation of districts. If you dissolve existing districts and determine to spread all costs on a town-wide charge basis then there would be no further proceeding to take since these properties would be liable for assessments levied on a town-wide basis for "town improvements". With respect to hydrant charges now being paid on a town basis, under Section 198 (3) of the Town Law, you may very well wish to work out a charge arrangement against the fire protection areas enjoying the benefits of fire protection from the City of Ithaca. Charges may be made to fire districts, fire protection districts Or "unprotected areas", pursuant to Section 184-a of the Town Law for the expense of furnishing hydrant service. In the alternative the Town Board may permit the use of water from hydrants for fire purposes without charge. It does seem that if the $9,700 hydrant charge paid annually to the City is attributable solely to costs of fire protection, then the town at large should not be paying this cost. Rather it should be paid from the protected areas. We trust the above adequately answers your questions and should you have any questions, please feel free to call. RWM/cr cc: James V. Buyoucos, Esq. Town Attorney Very truly yours, CORNELL UNIVERSITY Ithaca, N. Y. 14850 REAL ESTATE DEPARTMENT 147 Day Hall January 27, 1971 Mr. Walter J. Schwan Town Supervisor 108 East Green Street Ithaca, New York Dear Mr. Schwan: Thanks for a prompt reply to my memo of January 15 from the Town Clerk's office (Mr. Bergen) with some background mater ial on the development of the water service system in the Snyder Hill area. Under separate cover we have forwarded a check to cover your recent billing to avoid late payment penalty on any portion of the amount and to reflect our assumption of responsibility as a land owner and water user. Payment of the amount billed cannot be construed as acceptance of the billing as rendered. I'd now like to meet with you, and €Uiy other principles you may wish to suggest, to resolve Cornell's financial obliga tion at this point. Mr. Ralph Barnard of our legal office and a representative from Cornell's Buildings and Properties division would Join me for such a meeting. Will you please call me at your convenience (256-53^7) to arrange a mutually convenient time and place for such a meet ing. Cordially yours. MRSriw M. R. Shaw Manager of Real Estate cc: Ralph Barnard A. H. Peterson Noel Desch February 9, 1971 Mr, M. R. Shaw, Manager Real Estate Department lil-7 Day Hall ^ ^ ' Ithaca, .New York . Dear Mr. Shaw: Your letter.of January 27, 1971 has been received and its contents noted. Before calling" a special meeting of the Town Board, I would lifce further information from you indicating . what part of the billing Cornell objects to. My letter was / explicit in explaining how Cornell was being billed and why it / was being billed for its fair share of the costs of the Snyder Hill Road Water District. Since Cornell's consumption of water in 19^9 was 1,073»700 cu. ft. and the whole Snyder Hill District's consumption was only 423,800 cu, ft., it was our conclusion that the only fair way for Cornell to share operating and maintenance costs was on the basis of water consumed. A major part of that expense is for the purchase of electric power to run the pumps to pump the water Cornell uses. This same method is used to apportion the costs of the Cliff Street pumping station in the Trumansburg Road Water District between the Tompkins County Hospital, the Odd Fellows, and the rest of the Trumansburg Road Water District, The other part of the billing was based on a primary system whose cost was calculated from the bid submitted by the low bidding contractor who built the Snyder Hill Road system. Cornell's cal culated share was limited to 10^ of the principal and interest due for 1971 based on the primary system only. Perhaps Cornell objects to any sharing of the principal and interest costs. If this is so, then I must ask Cornell what advantage there is to the people in the Snyder Hill Water District in having Cornell hooked to the system. If Cornell is only willing to pay its share of operating and maintenance costs which are directly related to the large quantity of water Cornell uses, then why should they allow Cornell to tie to the system? / Cornell requested and received permission from the Town J Board (acting as the Commissioners of the Snyder Hill Road Water y District) to tie to the new system. Cornell's reasons for this - 2 - ■; • '-V, are obvious. Cornell now has fire flows at its hydrants of 500 Q.P.M., a fire reserve of 500,000 gallons and is tied to a system capable of supplying 500 O.P.M. continuously. We say Cornell benefits from this new system (and obviously Cornell agrees or Cornell would not have hooked to it) and since you benefit, you pay a share of the benefit costs. In this case, Cornelias share of the principal and interest amounts to $873.60which is 656 of the total principal and Interest due in 1971. This same formula is used by the Town to calculate what the Dryden Water District No. 1 in Varna should pay the Northeast Water District for transmission and pumping of its water. We feel we have arrived at a very fair and equitable formula which apportions costs fairly to all concerned. If you are still dissatisfied, then may I suggest that you inform me of the area of disagreement and your ideas on how to change the formula. The Town Board members are all very busy men, and X hate to call a meeting until I am convinced one is necessary. Sincerely, Walter J. Schwan Supervisor WJS/elb K.. V" • *• iVi ^ •vv,/ vv . :v.-: February 23, 1971 Senator, Theodore'D, Day . ' n Interlaken, Nei/i York 1^847 Dear Sir: Councilman Andrew McElvjee of the Town-of Ithaca asked me to write you a letter explaining what the Town of Ithaca is doing about our water problem and also explaining in more detail why we oppose the proposal made to you by Chairman Edward Abbott of the Cayuga Lake Basin Board. First, a brief history of the Town of Ithaca's water problem; The Town of Ithaca is 30 square miles in area, has a population of 15>000 people (1970 Census) and is in the shape of a horseshoe surrounding the City of Ithaca with Cayuga Lake closing the ends of the horseshoeo After World War II the Town started to water areas of the Town adjacent to the City. The Town extended the City system into the Town using pump stations, mains, and stand- pipes as the growth of the Itliaca urban area moved out of the City into the Town. The City agreed to sell vmter to the Town residents at one and one half times the City rate. The Town, however, should not have allowed the City to Install meters in the Toim for all the consumers. They did, however, and the Town residents are billed directly by the City for their water. Enclosed you will find a statement I have just released to the press and the City comparing the level of service and cost In the City and in the Town. The Town using the Benefit District concept, now has eight pump stations and eight standpipes which water East Hill, South Hill, and West Hill. On March 25, 1970 the Board of Public Works of the City denied water to a small commercial area, 258 units of apartments, and 112 units of low income housing in the Town, saying the City' had a water shortage. The Board of Public Works of the City is an appointed body who operate the Water and Sewer Division out of revenue received from the sale of water and sewer service and the Board of Public Works hires.the Assistant Superintendent for Water and Sewer and the Superintendent of Public Works. - 2 - Subsequently the Board of Public Works offered to hire an engineering firm to determine how to expand the Clty*s water system to serve the Town at a cost-of $7j500»00 and said the Town should pay for the consultant since the City had all the water it needed and any .expansion'would be for'-.-the benefit of the outside areas in the Town. The Town Board decided to hire a consultant to do.a feasibility study of a complete Town water system. TJhen the Town's decision was made public,' the City Board of Public Works decided to hire the consultant to study expansion of the City's water system and the City Common Council appropriated the money. The City's consultant indicated in their preliminary report that the City should investigate the feasibility of wells in Inlet Valley as- a possible Interim source. The Board of Public Works overruled the consultant and directed them to study in detail the cost of pumping 10 MGD of raw water from the Cayuga Inlet Flood Control channel to the City's filtration plant at the-foot of Six Mile Creek. The City's reservoir is in Six Mile Creek. The low water yield of Six Mile Creek under drought n conditions is approximately 5,3 MGD and the City is presently treating 6.7 to 7.0 MOD. The City filtration plant has a capacity of 10 MGD so the City could expand their output by 3 MOD If the water were available at the filtration plant. The Board of Public Works explained that by going to Cayuga Inlet for 10 MGD the City would have a completely alternate source. A preliminary estimate of the cost was one million dollars - plus. The creeks that flow through Cayuga Inlet have a low water yield of approximately 2 MGD so there Is a very real possibility that the City would reverse the.flovj of Cayuga Inlet. The outfall from the City's. Sewage Treatment Plant is in Cayuga Inlet about 9^500 feet downstream from the proposed intake. The sewage outfall is 4,000 feet from the main body of Cayuga Lake. The Town did not think too much of the possibility of treat ing our own sewage if we did not have to. Our feasibility study shows that for 4il million dollars we can" vmter the whole Town v;lth water sources from Inlet Valley wells and from Bolton Point on Cayuga Lake in the Town of Lansing which is 7,000 feet from our common boundary in Lansing, Colncidentally with all the above, Lansing has been having problems with their lake water source and have completed property negotiations to develop Boltori Point. Lansing is willing to develop Bolton Point as an Inter-municipal source with the Town of Ithaca and we would share costs. The Town Board of the Town of Ithaca appropriated $41,000.00 on November 5, 197^ hired Layne-New York Well Drillers to investigate the feasibility of the Inlet Valley wells. The study is not complete yet, but the results so far look good. Our feasibility study figured the Inlet Valley well source at 3 MGD and Bolton Point lake source at 3 MGD for the Town of Ithaca. Our present consumption of water in the Town of Ithaca is 1,1 MGD so this Tovjn water system of 6 MGD should' water the Town for 20 to 30 years. n i. , - - 3 - n The City's offea™ only provides 3 MGD .which would be; shared by the City and Town. The water consumption of the City increased .5 MGD in the last ten years and the Town'.s Increased .6 MGD for the same period. The City's offer also says that the'Town will have to pay a premium .on'topi of/the', one- one ;half r'rate „for ' vjater only, or, in other worday/doubie the .City'rate'; ' As'the enclosed statement-shows,' we are already^phying 2.5 to 3.0 City rates after all our costs are figured. !niat is the situation as it exists today., - ' ' Therefore, for the reasons listed in the attached statement, the Town Board of the Town of Ithaca requests that you ignore- the Basin Board request for authority.-to Implement their planning studies -and that you use your influence in Albany to delete the Basin" Board's funding request, from the New york State budget.- ^ , , Yours very truly,- • Walter J, Schwan Town Supervisor Town of Ithaca WJS/elb TOWN OP ITHACA 108 East Green Street Ithaca, N. Y. February 25, 1971 The Cayuga Lake Basin Board has an appropriation of $190,000 included in the New York State budget for the current year. The money is earmarked for an engineering study of four possible sites for a multi-purpose upland water impoundment that would (so they say) serve the Ithaca urban area with water for the next fifty years. The Town Board of the Town of Ithaca opposes this study and the resultant waste of taxpayers' money for the following reasons: (1) Tompkins County paid $55,000 for a study of the County water situation by Metcalf and Eddy in I968. This study was directed by the Cayuga Lake Basin Board. The Basin Board could have directed Metcalf and Eddy to put more of the study's time into upland impound ments, The Metcalf and Eddy study concluded that Cayuga Lake was the best source for water for the Ithaca urban area and recommended development of Inlet Valley wells as an interim source. The Metcalf and Eddy study compared the cost of a lake source to the cost of the upland impoundment and concluded that the Ithaca urban area could not afford an upland multi-purpose dam until the year 2020, It is the contention of the Town Board of the Town of Ithaca that the upland proposal is not economically feasible and sould be dropped. The City of Ithaca's total income from the sale of water to all areas for the year I969 was $596,000, The income base to support a ten to twenty million dollar project is simply not here. (2) No municipality in Tompkins-<Jounty, including the City of Ithaca, has ever endorsed the Basin Board proposal. (3) Cayuga Lake affords a high quality, constant quality source of water. It is ko miles long and one and one half miles wide and will never run dry. The Town Board believes the State of New York will never allow Cayuga Lake's quality to degrade. (4) Cayuga Lake can be developed as a water source on an incremental basis as the needs of the surrounding area dictate. An upland impoundment would have to be done all at once. (5) The areas to be served by water are so divergent that the cost of transmission mains from one upleind dam would be exces sive. The municipalities needing water (Towns of Lansing, Dryden, Danby, and Ithaca, and the Village of Cayuga Heights) have agreed that multiple water sources are the only answer. - 2 - (6) It Is the opinion of the Town Board of the Town of Ithaca that this money could be better spent on sewering the shores of Cayuga Lake to Insure that the lake's water quality does not degrade any further. Walter J, Schwan Town Supervisor Town of Ithaca it'*"' ^ /ISr. I r '. vi March 3, 1971 BK>h > * rv ,f j |v I ''7 W *» !'■ ■r ■■ " r [i. ;^' Corr-riaissloner Henry L. Diamond Environmental Conservation Department 50 Wolf Hoad Albany, Wow York \ \ Dear Sir: The Town of Ithaca has a problem which we are hoping your Department can help us with. Any advice or Information you can give us will be appreciated. The Town of Ithaca has been buying water from the City of Ithaca for the past 22 years. He pay the City one and one half times the City's rate for Xv'ater and the City meters all Toi;n consumers outside the City and bills them directly. The Town constructed its own facilities outside the City at its own expense and we ar.oz'tise our bonded indebtedness and our operating and maintenance costs as a benefit charge billed to the benefiting Town residents annually on their January Town and County tax bill. cThe City of Ithaca decided on March 20, 1970 that they had a water shortage. This decision was handed to the Town when we applied for water and sewer service to serve a commarclal shopping center, 253 units of multiple housing and 112 units of lew income housing, all of v.'hich were proposed to be built inexisting Town of Ithaca water and sewer districts. The City subsequently informed, the Town that they would expand their water system to serve the Town's needs and that the Town would have to pay extra to cover the expansion costs. This would have the effect of increasing the Town's rate for water only to two City rates or more. The Toi^n Board of the Town of Ithaca immediately author ised Lozler Engineers of Hochestsr to do a feasibility study of the cost of a To'vJn of Ithaca water supply and distribution system. The study indicates that e Town system Is feasible and could be amortized and operated for no more than the rate the City Is asking us to pay. The To.n then proceeded with the next step of the study which was to determine the feasibility of wells In Inlet Valley. That study is now under way. . n r TOWN OF ITHACA n - The Town of Ithaca presently has I9 benefit water" districts and 10 benefit sewer districts. It is an antiquated system foisted on towns by provisions of- the -Town Law-and it is literally an administrative Jungle. - Each district requires a separate.set of books and separate formulas for determining "assessments. There are all, manner of' benefit charges and . formulas' for' determining assessments are often varying among the. many districts,' n ^ • The Town, until recently, had'no choice but to follow the precise procedures required by the Town Law whenever it established a water and sewer district. These.procedures may, have worked satisfactorily in the past'when there were only a "few districts,'-when districts were smaller, when-construction costs vjere much less than they are. novj., 'and when our community was not subject to.rapid population'increase with resulting- demands for more dwelling units.''/ However, in recent years- it has, ^ become inQreasingly/evident''that the ^old procedures'[for the' ^ establishment', financing, and operation of districts were admin-. Istratively inadequate and.,'.created practical inequities and difficulties"in'the' establishment and operatio.n of the di'stricts. Recently, the law was'" amended (Sec, 209-r of;'the. Town Law) to permit a i6\in to-dissolve all', or part of-its benefit districts." The_ services 'provided by the dissolved districts are: then operated, as a Town function lh.,..much the same manner as, a City or "Viliage operates its muriicipsl and water systems. - 2 - There will not be a consolidation of districts. There will be no district, as such. Improvement services, such as water and sewer, will be a Town function,- In effect, the boundaries of the Town become the boundaries of the "district". But this by no means requires that the entire Town will share the cost of the districts. Only the, benefitted area^s will pay for the costs of water and" sewer, as stated later in this pre- sentation. The phrase "benefitted area" is one of the key con- r cepts in the new- law. . ' . ' • The Town Bpard, therefore, is proposing two changes: (!)■ the dissolution of, the 29 special benefit districts and the formation of what will, in effect, be one water district, and one sewer district, and f2) a new method of financing the \ cost of repairs, maintenance and operating expenses. 1, As to the dissolution of the districts the Town will dissolve the 29 special '.benefit districts and form one water district"and"one sewer district. The bonded indebtedness ^ ^ . ' j ' ^ . 1' , • \ iof each of the dtssolvedsT d.istrlcts .will be; Iiftnped together and J the. Town will have one "benefit'roll for water and* one i'dr sewer ^ .instead of I9 benefit rolls for water and 10 for sewer. The - benefit charge'or .'assessment will* continue to be billed and collected as in the past on the Town and County tax notice in January, The'formula-and benefit charge to all benefitted areas in the Town will be the same. There will be one set of books, one public hearing each year-to set the irate, one .uniform benefit charge. We estimate that the assessment or benefit rate will - -3 be about $23 per unit for-water and about $56 per unit for sewer.' All the properties receiving benefits from water' and sewer ser vice, including all the tax exempt properties, will pay their sharei. Property owners who receive no benefit from water or sewer services will, as in the past,' pay nothing except, possibly, a nominal charge such as one dollar or five dollars.- This means that areaa .whicli. are not .part of present water and. sewer districts i '' r ' ^ " " 'r . ' * • will not be-assessed for -the costs of-water and.sewer improvements unless these improvements are extended to these areas and the areas in any extension receive.'the benefits, .of thes^d improvements. The areas which are deemed to be special benefitted will be defined (and these will be the areas covered by the present districts). At most, the areas,outside the present districts will pay a nominal charge, as stated above, (as do the. areas in present districts which do not have the benefits of water and sewer. )• (-There are certain advantages which accrue to the entire town merely from' having a legal framework established to provide water and sewer in the Town.) . ' ' 1 2. As to the financing of the expenses of repairs, maintenance and operation '(remember, 'these'are not the same as assessments or benefit charges which are the larger .annual amounts raised annually to pay the bonds and bond anticipation notes by which money was obtained to pay the cost of construction of the district facilities), under the law which permits the dissolution of districts, the expenses of repairs, maintenance and operation of the new single district ere designated as a . - 4 - n , general Town charge and must be collected as part o.f the Town*s annual general tax levy. The Tovm Board has rejected this approach for the following reasons: n A, Over 50^ of all the water used in the Town is used by tax exempt■ institutions, that is.,' B.G.C.E.S,, Cornell's Snyder Hill Vet Complex, Ithaca College, , X-O.O.F., a Junior.'Hlgh School and Elementary School. : If these expens.es were_ made a .part of the Town's general tax leVy, these Institutions vjould, in effect, get. their water f^^ee insofar,, as operating and main tenance expenses are concerned "since these institu- , tions are not subject to Town taxes but only to ' special benefit district charges, "B.- There are large areas in the Town which are not part .of established district's. The Town Board ^ ■proposes that only those properties which use water shall be charged with the expense of operation and maintenance of the water system, - ' - How, then, will the Town- pay these'operating expenses? The Town Board proposes to,establish a surcharge,on the rate which the City of Ithaca charges for its water. The City, will collect this extra charge quarterly with the usual water bill and will rebate it to the Town. The surcharge will be in an amount sufficient to pay for the annual operation and maintenance costs of the Town's, water system. Thus, the cost of operating - . n — r .5 • and maintaining the To.wn's eight pump-stations, eight standplpes^ and the adjunct facilities will be placed on the water rate. Thereby, only the user of water will-pay for these expenses and he will pay in direct proportion to .the amount of water he use's, (Owners of properties to. which water and sewer service are available but who have chosen not to connect within the 10 year period permitted by the'Town do not have water meter readings, ' They will'pay a surcharge based on average consumption n figures-faTrly: eatabiishedi )V' , After a long period of study and consideration, the Toim'"Board is-. of^the opiafcin^tha.t the', proposal" for dissolution of the districts should be adopted. Some of the reasons are stated as follows: (1) The administration"-of the" "Town water and sewer systems and the financing thereof would be immensely,simplifiedi We would have ,one■uniform system, bookkeeping procedures, and one- uniform benefit charge formula throughout the Town, r (2) The proposed method of collecting repair," operation and maintenance expenses is fair and equitable, based on the amount-of water.consumed. -It is a'method,'also, by which ■ reserves can be easily established for these purposes,. As.our Town continues to grow, our water districts are faced with the possibility that their pump stations will become inadequate to handle the demand,. These pumps .may cost $5,000 each, or more, and each pump station has twoipumps. Our eight standpipes need periodic sand-blasting and painting inside and out. We mus^ . .6 - institute a maintenance schedule' to Insure that the standpipes are properly maintained. The cost of painting and sand-blasting one 500,000 gallon standpipe is $7jOOO and "this should be done every seven-years. None of the present separate districts has capital reserve funds to cover unforeseen expenses because each separate district is too small to establish a reserve that would be large'enough to be meaningful, but by "combining", in effect, n the districts, as proposed, a reasonable reserve can be built up, n (3,). Our Town is no longer a rural community. We are a suburban community. Our.population increased by 7,000 in the last ten years. Twenty-nine separate benefit water and sewer districts, each standing on its own'feet, no longer makes any sense. This proposal would insure that any.future growth occurring any place In the Town would benefit all people in the Town and not merely those who happen to live In the area where ^ n the growth occurs.-. . , " :(4)- The future growth of the Town will continue to he in areas where water and sewer are available. Tiie Northeast is funning^ out_,of. land so the gro.wth should move to the Ellis Hollow, Sny.d_er Hill','Slaterville.-.Road, and South-.Hill ;areas. These areas have the highest benefit costs in the Town, The benefit cost for water and sewer range's from $i70'to.$198 per unit per year. This proposal would level all benefit costs .for water and sewer per unit in the Town' at about $73 per unit. This would Insure that growth will stay in the Town of Ithaca and not move to some other- Town because of hig.h benefit costs in our i Town. - 7 - (5) Most important, the furnishing of the important services of water and sewer now becomes a general Town function which is what it should be in the area of actual and potential growth such as ours. As new areas develop, their water and sewer services vjill be extended as a general T\'Jon function. No special dlstrictc need be forrred, and the costs will be paid by the beneflttsd areas. One can easily imagine the administration and financila disorde'.' wnlch would have existed If the City of Ithaca, for example, had been required to have spearate water and so'wcr districts, ..ith separate and varying h'^nefit charges, for various parts oy the City as the City grew. The City and also the Village of C^-yuga Heights arc one cohesive administrative unit. It is time the To^m of Ithaca became one also, (6) The proposal Is fair and equitable to all. He repate that unless thin proposal is adopted th(> ;^rowth of the Town will be seriously impeded. Coon, the Tovn^ will adopt a resolution providing for the dissolution of the districts in accordaaco with Section 20Q-r of the Town Lavj, We hope that the public diccusslon will be constructive. There vjlll be a public hearing. The resolution is subject to a permissive referendum. VJe exoect that members of the Town Board will be Invited to attend any meetings held by any of the area civic associations, Perhaps some aspects of our proposal may be modified — but on the essential point of dissolution of the existing districts, there can be no corpronise, If the Town is to maintain its financial strength - 8 - and stability. We hope that each area of the Town will recognize this and act responsibly in discussing and acting upon our pro posal. Aa v/e said in the beginning, the benefit district con cept r.ay have iiorked v.'ell in the past but the time has novj cone to discard It and make water and sewer a Town function In which all who benefit pay their fair share. r'-^ltcr o. Schwan Town Gupervlsor i - 2 - Aa •fT;' •• -.-, !■■ ^"'' I'■' 1't# £ . \' The problem I referred to initially now rears its head*:As soon as the City realized that the Town was seriously considering its o'/jn water supply and distribution system, we were informally ashed by City officials what we will do for sewer service if we do not buy City water. The inference is that the City will deny further expansion of sewer service to the Town if we build cur own water system. Our question to you Is, "Can the City deny the Town sewerservice?" The City applied for State and Federal funds in I958and again in 19^5 to expand and improve their sewage treatment plant. They indicated in their application that they were inter- municipal and served areas outside the City limits. The outside areas in the Town pay one and one-half times the City rate for sewer service. The areas served In the Town by the City sewer system include the Tompklns County Memorial Hospital, the I.O.O.F,, home for the aged, Ithaca College, all three of Tomphins County's major industries (Morse Chain Company, Kational Cash RegisterCompany, and Therm, Inc.), Corneli University's Veterinary l^rus Laboratory on Snyder Hill, ail of the Cornell Campus east of the Synchrotron, and a Junior High School of the Consolidated Ithaca School District. The Town of Ithaca has not decided as yet to build its ovm water supply and distribution system. Hov;ever, it looks as if we will unless the City of Ithaca lowers its asking price for continued water service to the Town, In the meantime, the Town Board of the Town of Ithaca needs to know whether your agency or any other agency of the State of New York can stop the City from denying the Town of Ithaca additional sewer service. A ■' Youp verv tr^ly. VJalter j/Schwan Supervisor Town of Ithaca WJS/elb ■'M. iCY (U^ CJi.L27 WarreA Head Ithaca9 Kew York May 2Q, 1971 «-• Mr. Walter Sahwam Town Supervisor 16 Muriel Street Ithaca, New (Vvrk Dear Mr. Sehvan: Since the meeting of the Sorest Home Improvement Assoc iation some of us have had questions about the disolution of our water district and about the probable cost to us of sewer ing Forest Home. We have a great deal to lose individually and the benefits to us specifically are not really that clear. It would be appreciated if you would answer the following questions, in writing, as directly and factually as you can. 1. Is there any provision in the administration of the law governing town-wide water and sewer districts for a differential benefit charge per unit? Can such a variable charge be applied to limited areas with direct benefits within the Town District? 2. What would you estimate my water benefit charge to be based on the following description of my property? 500 feet frontage; Family dwelling; including an apartment, in dwelling; farm and livestock served from well on property; student apartment served by well; 17 acres undeveloped farm land. ■^coir-c'i 5. My present cost for water as metered to the house is$606 $65 per year. What do you estimate to be the use charge plus surcharge under Ihe town wide district? 4. Will Forest Home be part of the town-wide sewer dist- tict at the time it is initiated? 5. Will we pay the nominal charge for those no direct benefit? How much will this be? 6. If Forest Home is sewered at a cost of $500,000 plus, in the next 5 to 10 years, what do you estimate willbe my sewer benefit charge based on 2 above? What will be the use and/or use siircharge? 7. Will the rate for 6 be more or less than other areas sewered by the new town district? 8. Will sewer charges per unit for South Hill be the same as those for the North East when the new town wide district is initiated? Your prompt reply to these questions will be appreciated. Sincerely 7o^s,i J,r JO it 7."0 T®WW 108 EAST GREEN STREET ITHACA, NEW YORK 14350 May 27, 1971 Mr. John Hertel 127 Warren Road Ithaca, New York 14850 -±'' Dear Mr* Hertel: > n nnn ., Thank you for your letter of May 20. I'm glad to have an opportunity to answer the questions you have raised in your letter, I am taking your questions in order: (1) No, once the districts are dissolved everyone with a benefit must pay his share based on the formula adopted allocating the costs to all who benefit. (2) The tax roll shows your frontage to be 455 ft. which figures to 4.5 units. A house and apartment is 2 units. 17 acres at 1/6 unit per acre based on water benefit only gives approximately 3 units. The formula stipulates that units will be figured as above but the unit rate used will be the one which produces the greatest. In this case it would be the frontage which would be 4.5 units x $23.00 which equals $103.50. (3) Water use at $60.00 per year x 15^ = $9.00 surcharge. Your new water bill, therefore, would be $69.00. (4) This is the intent of the Town Board. We would stipulate in the resolution establishing the new sewer improvement in Forest Home that the whole Town benefited, that is, cleaning up Fall Creek and Cayuga Lake, and that you accepted the water charge only because you needed sewer. (5) Your sewer benefit charge until completion of the sewer job would be $1.00 per tax parcel or $.05 per thousand, whichever the Town Board decides. (6) With sewer and water for your property the acreage requirement changes to 1/2 unit per acre. Therefore, for sewer your charge would be 8 units x $50 = $400 per year and the water rate also changes to 8 units X $23 = $l84 per year. - 2 - (7) The rate for 6 will be the same for all new areas assuming they all are deemed to benefit the whole Town. (8) Yes, all across the Town the sewer benefit charge will be the same — $50 per unit. Since Walter J./Schwan Town Supervisor I: if- V'- WJS/elb cc: A. W. McElwee 1 ' 1 THE TOWN OF WEBSTER 1000 RIDGE ROAD EAST WEBSTER, N.Y. 14580 DFFICE OF THE SUPERVISOR March 21, 1975 Walter J. Schwan, Supervisor Town of Ithaca Ithaca, New York RE: Information regarding Consolidation of Sewer Districts Dear Mr. Schwan: Councilman Richard Prinzing advised me that while attending the Association of Towns meeting In New York City, he discussed the presentation, press releases and other related Information that you presented to the citizens of your town regarding consolidated sewer districts for a Town Wide Sewer Improvement Area. He told me that you would be willing to send us a "sample package" of this presentation. We are very interested In combining the districts here In the Town of Webster, and would appreciate greatly any and all information and samples that you might furnish us. It is my understanding that you undertook this change with fine success, and we hope for the same. Yours very truly,/ ^ Edward C. Seitz, Supe^isor Town of Webster ECS:cp 135 Warren Roao Ithaca, New York May 10, 1977 14850 Mr. Walter J. Schwan, Supervisor Town of Ithaca 126 E.AST Seneca Street Ithaca, New York 14850 Dear Mr. Schwan} Thank you very much for your recent letter which replies to some of the QUESTIONS IN MY EARLIER LETTER TO Mr. BERQEN. IT 16 NICE THAT THERE IS FINALLY SOME POLICY ON REMOVAL OF A HOUSE FROM WATER BILLING. I TRUST THE NEW POLICY WILL BE COMMUNICATED TO THE EMPLOYEES OF THE TOWN. YOU STATE THAT THE NEW POLICY FOR REMOVING A HOUSE FROM THE COMPUTER LISTING 18 TO HAVE THE METER REMOVED AND THAT THE COST OF THIS SERVICE WILL BE $20.00. Since I have continually requested that 133 Warren Road be REMOVED FROM THE BILLING, IT SEEMS STRANGE THAT A RECENTLY INSTITUTED CHANGE SHOULD APPLY IN THIS CASE. 1 WOULD EXPECT THAT $3.00 WOULD BE THE FEE FOR METER REMOVAL SINCE, AS YOU MENTIONED IN YOUR LETTER, THIS WAS THE CHARGE AT THE TIME WHEN \ ORIGINALLY REQUESTED THAT THE HOUSE BE REMOVED FROM BILLING. However, I am tired of trying to get this matter straightened out. I AM THEREFORE ENCLOSING A CHECK FOR $20.00 FOR REMOVAL OF THE WATER METER AND DROPPING 133 WaRREN ROAO FROM THE COMPUTER LISTING. AS YOU YOURSELF SAID, THE NEW REGULATIONS WERE NOT IN FORCE WHEN I ORIGINALLY INQUIRED IN July about the billing for an empty house and was told that there WOULD BE NO charge FOR NO WATER, YET WE HAVE CONTINUALLY BEEN BILLED IN SPITE OF MY PROTESTS. SiNCE A NEW POLICY CAN'T BE MADE RETROACTIVE, I WOULD APPRECIATE HAVING THE ENCLOSED NOTICE OF UNPAID VVaTER BILLS MARKED Cancelled and returned to me for my records. You MENTIONED THAT THE TELEPHONE COMPANY CHARGES FOR THE TELEPHONE WHETHER IT IS USED OR NOT. 1 THINK YOUR EXAMPLE IS A GOOD ONE, BECAUSE THE PHONE WAS REMOVED IMMEDIATELY WITHOUT CHARGE FROM 133 V'/ARREN ROAD WHEN THE Telephone Company was informed we oi 5 not want phone service THERE. Even at our summer camp, there is ONLY A TOKEN STAND-BY CHARGE DURING THE WINTER MONTHS WHILE WE ARE NOT USING THE PHONE, SOMEWHAT LIKE THE OLD Forest Home water meter charge I suspect. Maybe for those people WHO are CONCERNED ABOUT THIS PROBLEM IN THE FUTURE, YOU HAD BETTER FIND A DIFFERENT EXAMPLE. BUT HAVING FINALLY ESTABLISHED A NEW POLICY ON removal of a house from water BILL LISTING, MAYBE YOU WON T HAVE THIS PROBLEM IN THE FUTURE. Thank you for your attention to our meter problem. Please turn the check OVER TO WHOEVER IS RESPONSIBLE. I WOULD LIKE TO THINK THAT I WILL GET A $17,00 REBATE, SINCE MY INQUIRY WAS INITIATED MONTHS BEFORE THE NEW POLICY, BUT I IMAGINE MY HOPES ARE IN VAIN. Sincerely, cci Edward Bergen; Kenneth Myers Mrs. W. L. Brittain received JUL 23 ^976 town of. ITHACA ^L ' - >-ri -y^- CITY OF ITHACA CITY HALL NEW YORK lABSO DEPARTMENT OF PUBLIC WORKS op^iec ROBERT O. PINGMAN M r V A T> A V n IT Xf .orT.oi-ro.L«:woRKA MEMORANDUM To: John Ewanlckl Jack Shaw Gerry Schickel Walter Schwan Noel Desch V. Pat Hannan From: Robert 0. Dingman Date: July 21, 1976 Attached please find 1) Elements of Proposed Agreement Between IWC and BPW ^ Regarding Discontinuance of City Water Service Outside the City 2) Elements of an Agreement for Plumbing Inspector 3) Elements of Proposed Contract Between the City and Town for Water Service in Certain Areas of the Town of Ithaca These three Items are an attempt to put down All of the Items that have been discussed by the negotiating committee. Please review them and note your comments. The next step should be a meeting of the persons receiving this memo to Iron out any differences that any of us turn up. When our negotiating group has reached agreement, these three documents .should be submitted to our representative boards (commissions) for agreement In principle. They should Chen be turned over to the attorneys for the development of formal agreements between the proper parties. They should then come back to the commission and the board for formal author" Izatlon of signatures. It would be well If all of this could be accom- pushed by the second week of August. ^1-,•- ...life"; ELEMENTS OF PROPOSED AGREEMENT BETWEEN IWC AND BPW REGARDING DISCONTINUANCE OF CITY WATER SERVICE OUTSIDE OF CITY July 21, 1976 City Meters All city-ovmed water meters installed outside of the city at sites to be served by IWC will be conveyed by the city to IWC for a total price of $120,000. This Includes the meters In the Buttermilk Falls District and In the Town of Ithaca west of Cayuga Inlet and Cayuga Lake. Also Included In the price of the meters Is: 1) All city records In the Chamberlain's office and on the computer system with respect to the city water meters so conveyed. t 2) All city meter records pertaining to the above meters. 3) All city records relative to the location of water service to properties outside the city to be served by IWC. A) All city data with respect to valves, mains and other water system related features In areas outside the city to be served by IWC. Change-over Procedures A cut-off date for service of city water will be established in not more than two steps. The city will make one complete cycle of meter readings after the cut-off date In order to establish data for projection of water use since the previous meter reading. The city will bill and collect for water use up to the date of cut-over. Plumbing inspections will continue until the day of cut-over. Subsequent to the day of cut-over, plumbing Inspections will continue for the purpose of sewer Inspection In areas where the city continues to give sewer service. IWC will continue to furnish data to the city as necessary for -2- sever billing. The cut-off date established above is the last day on which the city will furnish any water ralated services to the towns, and village, under previously existing contracts. Mains and Technical Procedures IWC will close a valve in Lake Street so that the water main existing in Rosemary Lane and connecting into the city on Lake Street can be isolated from the IWC system and remain a portion of the city system. The water main in Cayuga Street shall be isolated from the IWC system in such a way that the Community Service Building continues to receive water service from the City of Ithaca. The town will not assess benefit charges against the Community Service Building property. Wherever IWC mains are to be isolated from exiting city mains, IWC will % install a valve. Where necessary, IWC will also install a hydrant to be owned and operated by IWC to serve as a blowoff. The city anticipates no need for blovoffs in the dead ends that will be created by the isolation. Responsibility for hydrants begins at "T" on the main. Interchange of Service City residents on Lake Street north of Cayuga Street will be served by water from IWC mains. City residents on Coddington Road will be served by water from IWC mains. Town residents on Lake Street between the north city line and Rosemary Lane will be served by water from city mains. Town residents on Maple Avenue will be served by water from city mains. Town residents on a portion of Fearsall Place will be served by water from city mains. The city recognizes IWC ownership of a 12" main in Fearsall Place. IWC may, at its option, valve off this main from the city system and use It to serve town residents on Fearsall Place« City, residents served with IWC water will be billed by the city and the city will be responsible for their service from the corporation-cock at the IWC main. IWC customers served with city water will be billed by IWC, and IWC will be -3- responsible for their service from the corporation-cock on the city main. The city and IWC will pay each other for the water used on the basis of the average of their bulk rates, plus a service charge of $3.00 per dwelling unit. This section shall not apply to city water used by Town of Ithaca- residents on the Buttermilk Falls area or in any area west of Inlet Creek and Cayuga Lake. Service to these latter areas will be covered by a separate contract between the City of Ithaca and the Town of Ithaca. There will be no hydrant charges. Sheldon Road Tank The city will convey to the IWC all of its right, title and Interest in the Sheldon Road water tank for $5,000. Coddington Road Water District The city will pay the Town of Ithaca an amount of money equal to this year's assessment, multiplied by ten years (approximately $28,500) to buy out of its responsibility for the capital costs of the Coddlngton Road Water District. The city will have no further liability for further payments to the town with respect ot water service in the former Coddlngton Road District, except as provided under "Interchange of Service", The operating costs of the Coddlngton Road Water District will be deemed to have been included in the $3.00 per dwelling unit charge referred to above. It is agreed that the city retains the option of building a separate main to serve its Coddlngton Road area. Telemetering All of the present telemetering equipment and service existing between IWC installation and the city filter plant will be discontinued. It is assumed that all of the equipment existing outside of the city belongs to IWC. It is assumed that all of the telemetering equipment at the filter plant belongs to the city. V; -4- Remunoratlon IWC will pay the city for meters and related data as Indicated above, IWC will pay the city for Sheldon Road tank as Indicated above. City will pay the Town for release of Coddlngton Road liability as indicated above. City and IWC will annually settle for the services provided under "Interchange of Services". Towns will continue liability for water bill unpaid on date of cut-over There Is no other remuneration for the other terms of this agreement. •Si .f the elements of proposed contract between city and town for WATER services IN CERTAIN AREAS OF THE TOWN OF ITHACA July 8, 1976 Areas To Be Served . ' ' 1) The area presently served by Buttenallk Falls water district* *• 2) All of the Town of Ithaca outside of the City vest of Inlet Creek and Cayuga Lake. Basis of Service . Water to be furnished at the City line through existing mains on Elmira Road, Floral Avenue, Elm Street, and Haller Boulevard* The annual maximum amount of water to be served at these locations shall not exceed 110% of the amounts served during 1975. The peak demand at any of these locations shall not exceed a rate greater than 150% of the average annual demand rate. Water to be furnished to the Trumansburg Road district through a master meter at the Vinegar Hill Pump Station. The average annual dally demand at this location shall not exceed 27,000 cubic feet per day. The maximum dally demand shall not exceed 40,000 cubic feet per day, except that fire flow replenishment may run as high as 55 cubic feet per minute for a period not to -exceed 24 hours. The Town may not increase the operating height of the Trumansburg tank, nor may it decrease the size of the force main connecting the Trumansburg tank with the Vinegar Hill Pump Station* The City will build at the Town's expense an 8-inch force main from Vinegar Ulll Station to the City line at a point upstream of the present Cliff Street pump station. The force main shall be owned by the Town and maintained at the Town's expense. The present Cliff Street pump station will be deactivated at Town's expense. The City will continue -2- to take supply from the Trumansburg force main for the Oakdale Lane/Warren Place areas, and will reduce the Trumansburg Road metering by an amount equal to the total meter readings in this latter area* The static pressure at each of the points of service will remain unchanged 1 from the static pressure available at the present time* * •.* Terms of Contract . The contract vlll be for a 20-year term and will provide that the Town will pay the City quarterly for the bulk amount of water delivered at 1.5 times the City rate. There will be a minimum quarterly charge of one million cubic feet* Should the Town require greater amounts of water than Indicated under Basis of Service, the Town and City will enter Into further'contract providing for the Town to pay capital costs of improvements within the City to the extent that \ ^ 4they are necessary to meet the increased demand. In areas not served by a master meter, the City may at its option and expense install a master meter at the point of Interconnection, and this master meter then becomes the basis of payment by the Town to the City. The Town will pay a pro-rata share of the cost of operating and maintaining the Vinegar Hill Pump Station based on the quantity of water pumped to the Trumansburg system* The City's services under this contract shall be limited to the serving of potable water in the amounts and at the pressures Indicated. Metering, billing, and other services incidental to supplying'water to Town customers will be handled by the Town* ELEMENTS OF AGREEMENT FOR PLUMBING INSPECTOR July 21, 1976 1) The City and IWC will enter into a 3-year agreement providing for plumbing inspection of all Installations served by IWC at $1,000 per month, payable quarterly. 2) IVC will set the rates for plumbing inspection and will be responsible for the collection of fees. 3) IWC must produce a uniform code and legislation covering sewer and water installation in units served by IWC. The code must provide for criminal penalties for failure to comply, and it should further provide that the water will be shut off at the direction of the Plumbing Inspector whenever he certifies that he cannot get compliance with the code. A) IWC must appoint the City Inspector as their inspector. 5) IWC must establish an Examining Board of Plumbers with power to review . _ the determinations of the Plumbing Inspector. TZZ SLEif2?STS OP Pr^FOSED COITTFACT BSr\?Z:Z5; CIT7 AKD TOI?H FOE S5a?icrs rs cfs-^Am 07 xrs to-O; of izsaca (AS /iFr£0?2I> EY lIHGOiL'-iOr^S CEr'XSA-iSa 1^70)R J ' r> (o ,:'^ • ECEiVEC SE.-^ I V 1:^/6 Aycss 7o Re ScrvCid .-.— .TOWN 0^ liHACA 1) TIvs areis prcreastly s^i-v^d by Eisefcorniilk Frille b'stor Oist^ice. 2) Ail of tliE To?.ti of Iclisca oaeo5.do of the City vcot of Xniot Creek c.-id Csyvca Fa£is of ScittIcs RStor to to furnich^.d ct tho City line theoas's cs-lotir-s r^iiais oa Elslrs Eoady Flcr?!. A?o2u3» Elra SCtraGt, find Hailor &oulc\rE7d« Tks ciiiuai s5;iiz!S8 csotiieC of uatcr to fca osi.'\'ed ct coch of thceo lecatloiic chall not cscocd liGJi of tha £^ui\ts carved disrijig 1575. Tlia psak d«seiid cc c^y of tke^G iccatScr:® shell not cscced e retc gccctor tbaa 1502 of tba evarr-sc csi;n-il ds:^\-^d rata. Vstcsr to ba furclsbcd to fchs Trt'ffi.esel.'arg E.ca& district througb c Enotcr leetcr st tha Vicagsr liij.l StG-tSon, Tba cvcrcga t-earj. drily dctzrad c£ this location not Grjc-eod 27,000 cuMc feat par day. The F-or-tr-m daily dcir^jjid obsJT. not excocd ^jOpOCO cubic faat par doy, G:£cayfc thet flro flov ropj&ol.ohpjint R2y rua £3 high aa 55 ccblc feat psr uJj^uto for a pariod aot to errcsed 24 btxura. Ths Tova cay cot iacr^es tba operating hslpht of tbo Trirs^asbuirg tsnk, acr cay It dacroai&a tha oisa of tha forco csln c^jaaactlns tba Trieeajiscurg tcck with tbo ViHCgar Hill Fusip Station, City vlll br.ild &t the Tcsu's orjicnss an S-lnch forca Ciein froa Vta?£«r Ei-ll St;?tioa te the City lina at a point cpetrexia of tha preccnt Cliff Stra^st Futj? Station. Tbs force enln ehvil.l ba crcad hy the "Zcva end iLrinEnlEod at tho Town's cxp&iitsQ The preoeiit Cliff Gtrrnt rtrjp SCotica T?ill ba dcssctivQtcid nt Tcva's GspCBCo. Tan City i\^y continv-a to tnhe ouyply fcoa tb® Trasanehnrg forca ii?An for tho Cakdnlo Lnoo/Kerroa Place crsns, cr.d till reduca tlio Truasnchnrg Bond L-etcrfng by en csount vaimsI to tha total ctCcr raadii>£0 la tblo latter area. vT irpl 'ytij STSJof cq3 503^.53 *f^3 CX •»3wV>25TiS^ ir.'Vi'? Siryaapc^j acp^i aoj 3r.Tr^:;!:5C3 Inn a3x0 c* sv-p 3n-;-;3^-\ c»3 S3'a? XxAdn;? xif^ iiiiox •dar^x a»1 TtT-*^ s.ts.*x«32u3 cui^ij^ oj z^VJi'^ G2.-jA^55'3 5^"a:ip.=CTj pt:i5 "©a^'^a 2:!^ H^ritJ aj?-*>YA2C3 p-'»"7 •STi-;xi?H -fviaDfpaf C'5:st'o?»i'jd sy? 35 p-a:? s^cncr^r-j etj^ tr^ aiqi^^cd 50 2a5ft.x,-^o ©1^.3 03 oq 337;3r^c3 asrcn 3r>©if.'-.3::;3 v^X •eni3?;i^- S.7nr^';rr,vii,ix ei;3 03 30 tqs ^o pt;75^rj t:c53:?75 IllfTi pus jo 5R03 ©^.3 ja c^sa-Oid » tlS-^ sq.t *S.iyo ®T-i srj-j iu»^3'.ad JO 8pr/3<} z^z scucsctj TiCqs a©3^w ie^r-va ^V's" St35*4C"^vSJr.?.t-4ti-x je r^cpo;! aijn f y 30 3»f/5Sl » tT®5«B-J »5tl©wSO p-,S2 UOp^dO i33T ^43 '.laStOl 0 X<j pcAars 3CU CTtt-zv xji •ptrr^sp yjAs^sacij 5^3 3-^0:5 03 ^jyaccoca Tltl3 3rS3'^» C3 jC3-;o ca3 t3pi3Tt"3 03CS^3A0.X:v:ip JO 33SCO X^a-jCiTJ Xtad 04 ..,J »X3 aoj S^ippACi:! 30Pz3?t20 A3x»qanj C3^> II"S-* Xspj ptrs xlic? S'J3 '&-5V"-^^j fzzuzjyiij ccq3 JO C3'-r-ic,nj 3©j>:»sV vjs.'^x sun ?IJ*-"H->'' I / •33f/j ojqoni ti£5';xiP2 ctio JO «a3.-s-«;0 ^\a;5n:riub y zq tVP^ ■f-^'^0 '",' ZilZ STSjn J'X 39 p^aoA-jTiip ao3-»"i 50 3Ur;o:vi» Tl"^'4 ®U3 XX'2^3<?-3rt?> ©43 /ra "nT*' '©aT^o-a avc;£ SApj ro *f3uG';!:'2*^3 03 3USp;< zqz csvx\ Xi'j.'i ^nasd ;504nT- assX pip43 vqz 303jy •poj^Jtd wnoaprsaon^p^J^ Jioj ®*4 z'0<tizuo9 a^^r, 3o?;inuo3 50 cTu^x 9 -e^Tjn anoi^oju! .rqq 31? cx^i'^XT-*^^ oauyse.nd op^v^a sun Jsr.ij pv^t^i^TiO'cti XiT^"^ J'' snupod C4?, 20 ip:to nv 'izz'^zzj'A zy^'^zi z\', • -B- fiPR 0 b 1 asked to be put on your Agenda today because I felt it was time Common Council heard the Town of Ithaca's side of the water problem we were handed five weeks ago. There have been numerous statements in the press and radio by representatives of the B.P.W. but very little has been heard from the Town of Ithaca. The Town Board has made no decision as of now because we do not have enough facts available on which to base a rational decision. Any decision we make must, of course, be based on the long-term needs of the Town, and the long-term costs to its residents. The decision required to resolve this problem will affect people who are not bom yet since bond issues of any magnitude are for 30 years. Wo one buys anything without knowing what the product is and looking at the price tag. We have received no firm proposals and no cost estimates to consider. The B.P.W. has not quoted a price to the Town on the cost of bulk water delivered at the City line. We have seen no estimates of the cost of a new dam or wells in the Inlet Valley. According to the study done by Metcalf and Eddy for the Cayuga Lake Basin Board in 1968 a new dam in Six Mile Creek Just below the present one was^ estimated to cost $4,200,000 based on 196B costs. A new water supply source on Six Mile Creek appears to be the most solution and the Metcalf and Eddy study concluded that the Ithaca area could not afford it until the year 2,020. Wells in Inlet Valley might be a quick, although possibly temporary answer, to what the B.P.W. says is an immediate and critical situation. Perhaps the Town could develop the wells, provide softening and mineral removal and then pump the water into the City mains. The Town might also go to - 2 - Bolton Point with Lansing and relieve the City of the responsibility of supplying Cayuga Heights, Northeast and Varna, which now use 42^ of all water supplied to outside districts. Consequently, the Town Board has authorized our Consulting Engineer to proceed with cost estimates of all the possible solutions that are available to the Town. We expect to have a report in three or four weeks. Now, let's take a look at the recent Joint resolution passed by Common Council and the B.P.W. What does it say and how does it affect the Town of Ithaca? First, it seems to indicate that the City will not Join a County, regional, or inter-municipal water or sewer district or authority since it states that the City will own all collection, treatment and distribution facilities within the City for both water and sewer. It states that any expansion of the city facilities must be borne by the outside districts, but it does not indicate whether the present rate and a half use charge would be continued, increased or reduced. The resolution also seems to imply that there would be no benefit to the City in the expansion of the City's present facilities. We feel that this may not be a realistic estimate. It does not take into account a dam built in I9II3 portions of the water treatment facilities and mains which are old, and a sewage treatment plant which may need modernization and expansion, all regardless of whether or not you furnish water to the Town. Nowhere in your resolution do you state that should it be determined that the City's facilities are not adequate to meet » - 3 -the Citys needs; the City would then share the cost of replace- ment or expansion. The implication of this really bothers us because we feel it would be hard to Justify the building of new facilities for the City at the expense of the outside districts, only to find out later that you would have had to build the same facilities Just to meet the City's needs. Let's analyze this a little further. Right now we are talking about water. Suppose the Town agreed to the B.P.W. solution implied in the resolution of April 22 and signed a long-term contract with the City. Most of the water we use goes back into the sewer so if we are locked in on a water contract, we are also locked in on sewer. It has been said that any increase in the plant size for sewage treatment will require an outfall pipe over a mile long into the lake. This would involve a major expenditure possibly 5 or 6 million dollars. Would the outside districts be expected to pay for all increased capacity? Also, according to our engineer, the State of New York has a requirement in force now that all new sewage treatment plants of over 1 mgd capacity have to have phosphate removal facilities. How long will the City be allowed to operate its plant without such treatment' would the outside districts be expected to pay for this plant modification? Who would decide what expansion of water or sewer facilities was needed and what part should the outside districts pay? Under the April 22nd resolution there is only one answer. . 4 - the Board of Public Works, The Town has no representation on the B.P.W, and no way of influencing their decision-making process. It is not inconceivable that a future decision in terms of expansion of either water or sewer facilities could come from the B.P.W. which would not be in the best interests of the Town in terms of cost, our share of the cost, and our ability to pay what we would be assessed. Essentially the B.P.W.*s solution to the water problem leaves all decisions as to how it will be resolved in their hands. The Town would assume the obligation to pay as assessed with no recourse after the decisions are made. Even Common Council could not help us, as the present situation has already demonstrated. We feel that the B.P.W. is asking us for a blank check. Now, what about the Town of Ithaca and its present arrangements with the City in relation to water and sewer. We have been described as a parasite who has sucked you dry of water, who uses your facilities and pays for nothing. We started buying water from the City in 1948. The City supplies this water to the Town at the City line. The Town built all the pumps, mains, standpipes, outside the City and we pay all electrical expenses, and telemetering and then pay the City the labor and part costs for maintenance and repairs, plus a 105^ overhead charge. Your cost is filtering the water and supplying it to our pumps. You then meter the outside users and charge them 1-1/2 times the rate paid by City residents. What does it cost the City to produce surplus water for outside districts? Hie B.P.W. says that the rate and a half ZIZZ ZZITZZ"'»V • »t. „„ J " ■». «. Oit, «.. -•. «o»» "•oomodlry « . p„M„ ""8 * ""TlOd -fp. iTwrj.' o'Ti"" "" """ °' ♦'•315.000."ii::::: -♦Sl.OOO Pop p..„ '■ »• P«d Hjap«t ch.Pjo. ppp . "Mntoomo. .„d•• — ^.lp.d PPo , p „ IZ - "«'»•••" .na PPPP.OP, , ; """ "" '•>' ..t.p .oa—». 1.P bat no. th.t tne 01171'"' '''" '^"" bf".apparently no longer h«=^ell the situation has changed. Our assessment of the ... badly as we need you. Howev you need resolution does not ^®cent Jointnot seem to Indicate th^a- sentlment. We are i 'We are only asking you now for a sauare a , -Sa lt is appropriate for me to discuss, if even briefly, some aspects of the refusal of the Board of Public V/orks to supply water to the Tompco and Kennilworth properties in the East Ithaca :/ater District which was established in 1948. It seems to be forgotten that the reasons initially stated in public by the Board of Public Works for their refusal to sup ply water were variously described as: 1) the policy of not extending water services to areas not covered by sewage service, 2) the policy of not extending water service to areas where there has been a change of zoning since July, 1965, 3) certain technical and financial reasons. If you will read the report which appeared in the Ithaca Journal on March 12, 1970, you will find that lack of water was not cited by the Board as a reason for refusing water to Tompco and Kennilworth. It appears that the Board of Public l/orks did not use the adequacy of water for its refusal to supply water to Tompco and Kennilworth until the City Attorney made It clear that the character of the Town's zoning could not be a legitimate basis for granting or refusing water services. I have been informed that before they applied for rezoning, Tompco was advised by a responsible member of the City Public v/orks Department that water supply was "no problem". Recently, I attended a meeting of a committee of the Board of Public Works, and I heard the Assistant Superintendent of Public Worira state that there was enough water to supply Kcnnilwurth and Tompco with 100,000 gallons per day. •/hat we also have to dispel is the notion that the Town is somehow usurping the City's water supply. It must be remembered that the City's surplus water was worthless until the City decided to sell it to consumers in the Town. The City was under no legal obligation to sell this water, but once it undertook to do so, it has a continuing obligation to furnish water to the consumers in the duly established Town -5fc- Districts, so Inog as there is City surplus water available. Incidentally, as each water and sewer district of the Town was formed, the plans were reviewed by the City Depart ment of Public vi/orks. The State Water Resources Commission has reviewed and approved the fact that each water district in the Town obtains its water from the City and that there is an apparent sufficiency of water supply. This determina tion follows a public hearing for which the City is served notice to appear if it wishes to do so. The Town has relied, in good faith, on the contracts signed by the Town and City and on the City's willingness to furnish water to existing districts. The property owners in some of the Town water and sewer districts, notably in the South Hiii area, have incurred material financial obligations, in the form of annual assessments, to pay the cost of the water and sewer improvements. These costs were incurred, in large part, on the reasonable expectation that the unimproved lands in the area would be improved with construction and thus reduce the cost to the individual property owner. Unless this dev elopment occurs on oouth Hill, some property owners may face financial disaster. So long as there is City surplus water, the Town must insist that water services by supplied to any development in the South Hill Districts. - 6 - I need not elaborate on the fact that both Tompco and Kenilworth relied on the fact that their properties were located in an old, established water district and thus were entitled to water services and, as a result. Incurred financial obligations and entered Into contracts In reasonable reliance that the City was obligated to furnish water to them. I repeat that during the development stages of both Tompco and Kennllworth, they were not told by the City that they could not have water because of lack of a surplus supply. To help us in making a decision for the Town we would like to see an appraisal of your complete water and sewer systems. We would like an assessment of the B.P.W.'s accounting procedures. Our analysis of the City's Annual Reports, 1964 thru 1969, indicates that the B.P.W. has an unallocated capital reserve for water and sewer of $333,625.79. There Is also a balance In the water and sewer fund of $^*30,034.49, for a total of $763,660.28. A few years ago the Village of Cayuga Heights accummulated a $50,000 reserve In their sewer fund and Audit and Control In Albany made the Village reduce their sewer use charge and use up the reserve. They were not allowed to - 7- show a profit. Their use charge had to be based on operating costs and debt reduction. Any surplus was returned to the users as a reduction in their rate. We would also like to know why the B.p.w. has paid cash from the operating fund for long-term capital improvements such as the inlet construction Instead of bonding these expenditures. Certainly bonding costs more because of interest on the borrowed money, but by spreading the cost out the water and sewer rates would not have been so greatly affected. These are nosy questions, I realize. But, you are asking us to tie the Town to the system for the forseeable future. We would like an assessment of what we are getting into. Any decision we make has to take into account the flexibility and control the Town would have after the contract was signed. The Town of Ithaca has accepted the responsibility for providing for its own growth, and is now asking the City of Ithaca for an honest appraisal of its offer of water and sewer service to the Town. Since we are talking about the Town and the City I suppose something should be said about consolidation. I have been approached by members of both Common Council and the B.P.W, on this subject. The Town of Ithana la cei tni niy ws i i-irip; to study consolidation. The Town Board is not sure it is feasible, but we feel we would be remiss in our duty if we did not look at it. However, we do not approve of the recent statements in the press regarding it. This, we feel, is a mistake because you polarize people before you have anything constructive to offer. . 8- Our thinking is that a year or two of meetings might produce a workable method for consolidation. However, even after we find a common ground and solve all the problems inherent in a study like this, there is still one big impediment ... we can no more guarantee how the Town of Ithaca would vote, than you can guarantee the City's vote. Therefore, the Town Board does not see consolidation as a method for resolving our present problems of water and sewer. I have talked a long time and I have said a lot of things here tonight, I'm sure some of you are disappointed because I did not bring a solution to the current problem with me. The solution will be forthcoming when all the facts are in. In the meantime you can assist us by helping get answers to some of the questions I have raised. We have made no decisions, nor have we made any commitments. We still think you need us as badly as we need you, but you did not make our task any easier with your joint resolution. Thank you for your courtesy in allowing me to addrcas you this evening. Attached to the copies of what I have said are sheets detailing water consumption, revenues and other facts we have compiled from B.P.W. and City reports for the years i960 thru I989. We would be happy to meet with you if you have any specific questions you would like to discuss. Thank you. Walter J. Schwan, Supervisor May 6, 1970. Town of Ithaca PACTS ON THE OPERATION OF TOWN OP ITHACA WATER & SEWER FACILITIES Sjrf " "" »o «"y «n'lef" 2, Under the terms of the Town's contract with the Citv an ^intenance of the above facilities is done by the Ci?v Town is charged the actual cost of labor and partsinvolved in the maintenance, plus 10$^ for overhead Stv^of^Ttbo? stations listed in the budget of the Town were built by the Town and are owned by theTown. All charges for the operation of these stations -Jq Town under the terms sta?L f aCove There la income item in the City budget. 'There is no charge borne by the City, E. State Street Pump Station Pearsall Pump StationCliff Street Pump Station - (owned by the City but charge paid by the Town and the Christopher Circle Pump Station^^^^^^*^Sheldon Road Pump Station (joint operation of Ttown and West King Road Pump Station Heights.) Regency Lane Pump Station Renwick Heights Pump Station (sewer) Coddington Road Pump Station h. for Pire^Prr,t«ot^^°^l ^ annual charge to the Citytor Fire Protection Service to Other Governments 'thfe -s« in 196gr°"Th.®rir^'°° hydrant ($19,338,211»d'ISki„fnViSJ £,'d°S^?l."* Water Fund Sewer ^'und Capital Fund- Water Source Dev. Sewer Const# TOTAL UNALLOCATED SURPLUS - WATER AND SE'tfER 12§1 217,695.45 93,322.78 -0- -0- 1964 222,648.26 115,310.71 i2i5 251,123.28 137,905.64 1266 185,495.90 147,724.24 1262 89,268.98 70,090.69 1968 160,285.31 131,692.88 12^ 243,997.99 186,036.50 35,000.00 86,414.00 140,297.78 194,530.21 204,303.95 216,734.23 15,000.00 40,606.00 67,766.69 120,420.78 118,643.45 116,891.56 311,018.23 387,958.97 516,048.92 541,284.61 474,310.66 614,925.59 763,660.28 Water Sewer TOTAL Capital Projects or Transfer to Capital Reserves Not Reflected Above 79,828.33 90,319-.31 62,898.17 99,500.00 22,213.96 77,211,59 S2,95'^.29 79,986.37 101,000.00 32,636.83 83,558.93. 153,309.27 171,268.60 192,839.59 200,500.00 59,850.79 160,770.52 Allocated for Specific Construction Projects but not yet Spent 118,987.38 COHSUMPTIOH IH CUBIC FEET YEAR INSIDE OUTSIDE TOTAL OUTSIDE ei. I960 93,062,600 23,692,500 116,755,100 7» 19.5^ 1961 93,233,600 21,923,000 115,156,600 18.2^ 1962 1963 106,285,200 28,472,100 134,757,300 20.4^ 1964 105,095,600 31,932,100 137,027,700 22.5?S 1965 1966 112,064,000 34,644,600 146,708,600 23.5^ 1967 108,705,600 36,393,400 145,099,000 25 5^ 1968 1969 49,056,500 REVEHUE FROM METERED SALES INSIDE $204,371.92 $215,043,73 OUTSIDE TOTAL OUTSIDE $ 79,430.83 $283,802.75 27.6^ 93,996.10 309,039.83 30. $370,383.56 226,087.24 596,470.80 38,9^ Annual Reports of the. Board of Public Works. AnnLlXport°ortS°Sitf orithLa®^®®"" purposes and the 1969 All percentages were computed from figures given. »-'* -i -' ■"- .• - "« 'if-. r ^•j' |.--asi^4.-- • VkiV _ 1 . kf1 "W:- -V .;A:-^'i^: • r-: :-M. 1^* Kalt«r Seh^m 20 Murisi 5tr««t ItbftcA, N«w Torii Ottr ^Xtt Thls Is to osll your attOniion itfaln to the water supply sltuatioQ oa South Hill and by copies o^ this letter to the attention of theIthaca College tnaintenance personnel. The past weekend (5,6, k 7) trith its hutoidity and Inrush of new stud«its caused an alanaing drop in the Ithaca College tank (14») the Danby Hoad Unk (20*) and the Cod ington road tank (12*) despite all available pumps operating 24 hours a day. Ihis means that pumping capacity is not ad equate and that serious inroads were made in storage reaenres. ^hls also means that fire reeervea were non existent and if it had not been for the cooling rains it would have been neoeesary to curtail maa of wator. undoratandlng ie that Ithaca Collage is now in the process of anengineering study with a view to wlarged pumping ca^city during 1970* In the iown of Ithaca 1 understand that Losier ITh^lneers has deliversd astudy (back in Juna) calling for enlarged capacity in the Plersall " pump station. X havs not seen the study or its recoonendations but I suggest that it be implemented iomediately. X will attvjiot to coordinate the job for the lown if this is their wish but I again urge that cognisance of the gravity of the situation be immediately recognised. • s ' 'ct'l • ' ,p?' > a A .i j.;:-.* • 'fj s; . '-'i ^;v..v - ■*- :.y/f Page U • • • \t?: ;?yi-rv In the erent that energene/ ehuteffe are required tefore eorreetive aeaeures are aeeompXlshed we will %Tf to a 2U honr warning^ 7ai7 trul/ /our* VI Vlneant P« Haanan Aast* dupt* of Public Worlia otaiTPH . ' ' : -" . ■i r -' -■i ^ V.-i" •'> i- i fel^w-^V 14'i,"^":"-.-"' ^'-c, '"• ott Losler, fttgi^eera Noel Deeoh, Town of IthaeaGeorge Herron, Ithaca CoUe^ ■ R.O. Dlngnan, ^^pt, of D*P.K» 8^'. EW . K -'■ •-■ zy ■' ■ -S* * '••' ■• •.•.'•' •j •.-: i-w ... 't ■h :-.M VINCENT P. HANNAN ASST. SUPT. OP PUBLIC WORKS oFPiee OP WATER AND SEWER DIVISION SIC PIRST STREET ITUACA. N. Y. CITY OF ITHACA TOMPKINS COUNTY NEW YORK 14850 DEPARTMENT OF PUBLIC WORKS Telephone 272-1713 Area Code 607 •~|t\cVv\UQ^ Gir<-C>v AiJ. A. ie.d.s.~4 ^ TV, =>»■"' j-r r A- ■i'*-'*- ""i'•Pro^t^<jiclo~ a-4 /-n J i .A \t \ 1 , 11 r c^\^ilAex' rtSUCfii-tvv^ -^ • ct MJoSjr^r ^cSlu/ftAv-T«w-v \^SivA<.4, S' h.':^ •i' ..^" n ' 'i;: • n n , ..•, '- n ■; ' ■ I ;> .V •'■ ■ ■ ^P/f %/ Januax^ 20, 1970 Honorable Howard Hobleon 2436 House Office Bldg. Washington, D«C* 20513 Dear Sirs j.'.^ ■, . . / f I am writing to you in oy official capacity as Superrlsor of the Town of Ithaca* We hare a problem here in the Town of Ithaca whichI inherited from the previous supervisor* It taa only Just come to the surface with the mailing of the Town and County Tax notices* I feel you must have all the details in order to underatcind the problem* ■ In the spring of 1966 the Town of Ithac^ at the request of resi dents on South Hillfluvl engineering drawings drawn up for the for-nation of a sewer district and a water district* subsequently petitions were oirculated by additional residents who petitioned to be Included as extensions to the parent districts* The Town ended up with two extensions to the parent water diatriot and two exten sions to the p;*rent oewer district* The original eatlaate on a combined water and sewer unit of 100 foot frontiige or less { a unitis also 2 undeveloped acres) was a rate of 3139.00 the first yearbased on interest at 3%^ on a 40 yecLT bond issue* *'hen the distriote were put out to bid all were bid except the parent water district* The parent water district was originally estimated at 3270,000*00, but when no bids were received the est imate was increased to 3460,000*00 which bhanged the estimated water and oewer unit rate combined to $167*00 per unit* The districts were all oontructed and the coeta were as followst Parent Water District $480,000.00 Water 15xt. #1 58.000*00Water Bxt* #2 13,000.00 Parent Sewer District 840,000*00Sewer Ext. Vl 130,000*00 Sewer i'^xt* 106«00.0.00$l,6i?7,000.00 Total apent The parent sewer district ran into rack far in excess of the engin eers estimate which allowed 3100,000.00 for a rock contingency and had to be increased $185,000*00 beyond $840,000*00 to $1,025,000* Making the total outlay $ 1,812,000*00* •TTiwrrr iti-i (■•■ ,;■• • •■ • ." „ • , , ,. .;. -s-c-''-!:! .•■'■'l';: ! i,"'' '.'i.'l ■ "' r . •■ , ■ i ..'', 5 :' ,/ • ^:i'' " Vrr,.•;/-;>•]/.;■. t-y ' 'January 20, 1970' ji'•If'I'-ni ' "i j, f' ^ ; 'I , !• •■'• ' '!^ t'-'.'I • i,-'.■ ( ' i' • " ■•'i'' / H f v • ' • I * \ ^'l page 2 . i] ' J This inoreaeed "the xonbinQd unit oost again* Also during the, [ '■years needed for o'onstruotion the interest rate on the bond anti-,:;^;• cipation notes rose to The. combined unit rate reflected p- the tax bills mailed December 31» 1969» was 5200,00 per unit. All j.the bond aitticipation notes will have to be renewed this spring ^1 and the Tompkins Oounty Trust Company, which holds them, has advised ,.^ m they will be renewed at 695, > Consequently the residents or. the ;■ district are faced 'with a 25^ increase' on their tax bills for 1971., Also the current bond market make it impossible to sell bonds ^or :40.years and we would be lucky if we bonded the district to be ableto sell 30 year bonds for 7^ Interest, Should we bond the district ;;the increase in principal payments plus the 1% rate would result,in.;an approximate doubling of the per unit oost, ' -i i'V -n'' ,' ^ V V , ' •' • ' i ;•-> Since the houses in the district were built before water sewer ; \,. ,;1 .were available nearly all have frontage in,excess of 100 ft,, ihe' / average home owner has two units or a bill for $400,00 for water and^ , ,v-. sewer the first year. This bill is only the benefit for the pipe . -■ii 4K:;r-in the ground. He still has to pay the .posts of hooking up to .• C water and'sower and then will incur a yearly charge from the Cityof Ithaca for water used and. sewage discharged since all these _[fVSrfi districts in the Town of Ithaca are meerly extensions of the ,city, of Ithaca's facilities, I We also have land owners in the district with undeveloped acreage. i'iv;;, and since tv;o undeveloped acres, are a they have' " ins from $1000.00 for 10 acres to 310,000,00 for 100 acressof land.,^ questionable in some oases whether they will be able to- .; fc 'E pay the assessments. Done of these big land owners jthe formation of'the districts. However,^ with mortgage interest,.. ,' nov; at it is-very questionable whether they could sell lotS ;; ,' or houses if they v/ere to subdivide the land, ■ 1 I am v^riting to you to ask your assistance in locating any Federal- .4'^^Programs which might be available to us. We do not need a grants ; .fthese districts can stand on their own feet if they can be given .. , ,i!,the time to develop. What we need, is a Federal Loan of 1.0 mil-!lipn.,dollars at 5^ or less for 40 or more years, i■ ' . . ■ " - '■ i'-; ) Anoth'^i'^'^/ay to do it would bo a'Federal Loan for 10 years, assuming .. ' f!- - I nl. • ■1 ■ t:-T V'i, s;4 I ■ ': . .'that we could then bond the'districts for the unpaid balance, ,4"'.' ; . - , J , ■•nil- . ■ 'M ^■■ ■ ' 'U'-r ' ■■ '■ '' ' 'J! f .1' I; • . \ . ' M . U • r. I M ' ' ' »' • -1 j • • » ^ •V"* I,"• i ■-.•••,'• ',V.''-"1^ 'S '" ■■ v''. . i,ji 4'1'-,; , T" • j . ,• < . * ' I \ t ' 1 - IX >,■» K-B * ■k'i, y I 'I '. :» • • ' ''--'i . • K i. ' " n '■' I" ■ • - , , . • * M- 1 ' ;»i.'-u , ' ii', ' '' ' - / .u" ' ', ' V • . <V'!," ).^ , ' I ' I . I- S'-f, - r.'-' ' • , ■> ,' ■ . '• • . I • , - , I ,.- ,■■1 • ,1.January 20, 1970 page 3 , .■■ 1" • ' '■ ■ " ' " ' • I -i -V •, i .1 •• '• ;-V 0'^'i ?'• 'i' ' r' • ' ' ' ' • . ' ' , ' - ' ' ' ''a--'- 'V:!:r • j' V are applying to the Parmera Home Administration regional office -' ■ in Syracuse for a loaa, but the availubilty of the money will hinge on whether we qualify as a rural area or not. Also Town Law of the State of hew York does not allow general tax revenues of a Town to ■ be used for benefit of a Special Improvement District. , , , VfS I will be most,, grateful for any help or advice you may be able togive ne> ^ .vi'. ' • •• • ■ :• . " ;. - - ' ' f '!' •' I ', / 'H r 1 ' ■ I ' 'i' r. . ' ' 'i 'li' V" ' ' " ' ii.-' . .1 |i ,i [ . ' 1 ► ' ' ' I " >11 V>; *' I' • '•'. S^ ; "i ■'l 1 - t I. s f;;t'•Ir. . » '.J *■ f ' r. 1 ' ,1 1.' ' .L-, ».l r •' ' • •. 5 ^ . Sincerely yours, ; " , • I ■! ■ I ' ' " • , I 'r It , , !•• •Walter J. Schwan *, --.ku, V, : .Supervisor '• . ■ ■ ) : I'i' ' i- ?.• .1 ..WJSspap "iTV'-- '• '"'j" „ ^^ ' ■ •>.f-a-li-' 1 ,j , s-i". ' Jh ' ,>i ' i.i K"' . 'i-' ' ' ' r'.'/ •! ' : . r '>[.• r. , -I ' 1/. ■•• • ' • 'I ■ ' . " -.1 '.'i .•: , ' ' •■:.•••''v i', ' / . >1 ' , 'v I. f - 'i: .. ,■•!' L- ' *'I »j' ir > . 1 . ■ ■ . >, ' - M, . j ■ j i '•. \ V ' ' v-;. ,.'r' -. . . ! '.' . •: V i-..}-' ' , . (■'j, T ; 1 , ;; 'i ' • '• f .1 . i'-'. ' ' M.' ■ .-'.i ' ''pi 'Ml ,i '1 > I ' i-. '.V , f-t r- 'VV'->\ \ ■' 3' t . .■>* 1.' ' 1 I 1'- .. • ' ■. Ill ' t',' ! • • ' ■ , ^ ■ ■ y. Ty.r^."'•• •;''•;ggy3?T^-y!rT'^''i ,v " •• u ' "K.7 , 1302-Gen WATNE P. ACEAST ROBERT W. BUTLER JAMES C. DtnSTLAP JOHN R.OBAY ROBERIC F. LELANB CHARLES H.PLAYTOHD ROOER H. RICE THOMAS A. SMITH WILLARD H. STKANE DAVID C.THOMAS Lozier Engineers, Inc. lO Gibbs Street Rochester, New York 14.604 ¥tPR 09 '-'"^'February 10, 1970 phone; 45A-5630 Mr. Walter B. Schwan, Supervisor Town of Ithaca 108 Green Street East Third Floor Ithaca, New York 14850 Re: Plumbing Fixtures Town of Ithaca, New York Dear Supervisor Schwan: Reference your telephone call of February 5th, to the best of my knowledge Ithaca has had no direct dealings with plumbing supply outfits. We have reviewed the data available to us in our office and to the best of our knowledge the projects recently constructed by the Town of Ithaca include no plumbing fixtures. The Pearsall Road pump station, con structed in 1954, however, apparently has plumbing fix tures under the trade names of Standard, Church and Sloan. As above, these fixtures were not directly purchased by the Town of Ithaca but were furnished, supplied and in stalled by the general contractor for the Town. If the plumbing fixtures installed under this old contract are pertinent to the price fixing action, I would suggest that it would be wise to have Mr. Peter Francese visually check these items at the pump station. If there is any vide, please let us know. other information we can pro- Very truly yours, LOZIER ENGINEERS, INC. / JCD:hab VlftR 191981 MEMORANDUM TO: Edward P. Riley, Town Clerk FROM: James V. Buyoucos DATE: February 10, 1970 RE: Extension No, 1 to Ellis Hollow Road Sewer District Enclosed is one original and copy of proposed resolution to be adopted at the next meeting of the Town Board pursuant to Section 209-d of the Town Law providing for a public hearing on establishing the above district extension. Mr. Schwan and Mr. Francese should review this resolution before the meeting. This order shall be published at least once in the Journal not less than 10 nor more than 20 days before the date set for the hearing, and a copy shall similarly be posted on the signboard of the Town. Affidavits of publication and posting will be read to the Town Board at the March meeting by the Town Clerk who will enter in the records that the date of publishing and posting the notice of hearing was read. Everyone, especially Mr. Myers of Tompco, is advised that the map, plan and report must be on file in the Town Clerk's Office before the adoption of the resolution, and such map, plan and report must be prepared by a competent engineer in accordance with the requirements of 209-c of the Town Law. This resolution contemplates that all expenses will be paid by the owners of the land. The resolution also provides that all charges properly chargeable to this district for operation and maintenance and other charges will be assessed on a benefits basis. The attention of everyone is called to the fact that some consideration must be given as to whether or not the extension will pay a connection or use fee to the Ellis Hollow Road Sewer District for use of its facilities. Mr. Myers of Tompco is aware of this. Has anyone from the Town talked to Dunlap about this? Tompco contemplates that the sewer and water facilities will be built at Tompco's expense with a joint sharing with Kennilworth for a portion of the lines beyond the district extension boundaries and that these facilities will be conveyed to the Town upon com pletion, with no payment from the Town. Similarly, Kennilworth must convey whatever it constructs to the Town. Easements must be obtained for the sewer and water lines through Kennilworth properties. These easements must ultimately '■ V' ^ -2-^ ■■"YTh^i run to the Town, perhaps first to Tompco. All maps, plans, reports, specifications, installations, etc, must be approved by the Town (Dunlap?) and the City, Mr, Myers should check to make certain what rights of way. if any, may be required for any work done within the boundaries of Ellis Hollow Road. Is this a County Road? The procedure with respect to water lines and the procedure with respect to additional sewer lines within the Ellis Hollow Road Sewer District are less clear. ■:r5: water Lines 1. The property is in an existing water district. If the Town were to construct these additional water lines, we would have to follow the procedure in Section 199 of the Town Law provided that the additional water lines constructed were deemed to be lateral water mains and not a trunk system of water mains. If these are deemed to be lateral water mains, then they are coveredby Section 199. The additional water mains constructed on Judd Falls Road to benefit of Ides, et al, were constructed pursuant to Section 199. However, this was a case where the Town did the constructing. I am not clear at this point, nor does the statute help at all, as to whether or not we must still follow this procedure even if theTown is not doing the building. The section seems to be predicated on being applicable (if the Town builds the water mains)• Sewer Mains The same situation applies to the sewer mains to be constructed within the Ellis Hollow Road Sewer District. If these are trunk sewers, then the procedure is covered by Section 202-b of the Town Law. If these are deemed to be lateral sewer mains, then the pro-_cedure is likewise governed by Section 199. Again, the same question arises as to whether or not these procedures must be followed if theimprovements are constructed at the sole expense of Kennilworth and Tompco. Some of the questions which arise in this respect are as follows; 1, Eventually the Town will be assuming responsibility for the operation and maintenance, and these costs must be assessedamong the several property owners benefited (providing the districtoriginally was created on a benefits basis). Therefore, should notthese procedures set forth in Section 199 or 202-b, whichever isapplicable, be followed so that the basis for a charge by the Town will be extensions or additions of sewer or water mains done pursuant to statutory authority? i 2.. The Town will be eventually owning these facilities/ The-question arises, therefore, as to whether or not these facilities will be' constructed under the supervision of .the Town with "the" Town' - Engineer"'approving and supervising each and every-plan, • specification, drawing and constructions, and with "similar, supervision and preliminary and final approval by the appropriate 'City officials? Or will it be' sufficient if the project is supervised and approved by the City officials alone? 3. Streets within the 'Tompco Subdivision and a street or streets within the Kerinilworth 'Subdivision will be' conveyed to the ' Town of Ithaca. The' location of the sewer main in terms of depth and location- within the street boundary is a matter of Town concern primarily. Therefore,' must '.this work be done under the supervision ot the Town Engineer and the Town Highway^ Superintendent? " 4.' If sewer and water" lines" are Taid in other than public streets, then" an easement must be "given" to the Town, and this, I would think, would be a matter" for supervision and approval by the Town' Engineer", Perhaps Mr. Dunlap has :other ideas,' and this is all subject to whate-ver suggestions he may give the Town' Board. As has been" customary in other districts, in the' Town., Kennilworth can, at its own expense," .construct the" mains within •the boundaries' of its subdivision and' To'iripco can .do the same. As to. any" mains or facilities which" are "constructed" within Judd Falls Road, Pine Tree P.oad, or Ellis Hollow Road, as the" "case may be," . normally this would be "done by the Town if there were' monies" avail able for the "district. In this case, :if it is. done by Tompco and n Kennilvrarth,: .then I would suggest that the matter be done, under the" supervision of the "Town" Engineer or any other Town official. Theire is the "matter of the "liability of the "Town" to the" public. An- alternative, "which would probably not be acceptable to the Town would be for Kennilworth "to deposit the "necessary fiends with: "the Town, , and then the" Town would submit the project" for bids,- and it would be a Town project. " Gtherwise, bhe project (and -I am still referring to work done outside "of the" "property boundaries)' should be .done "under the" 'supervision of the Town, Should there be someone "coordinatingnthe "various aspects of. this project for the' "Town? . Another question which 'arises' is whether or not the" parcel reserved by Cornell on the Ellis Hollow Ro.ad is to be included in the sewer -district extension? • Logic would seem to. indicate .its inclusion. If it is to be" benefited by the "lines as they actually are to be'laid ,■ then the" Town" Board may be required to' make" -adetermination that the property is be:nefited and,, therefore,"-must ' be included, all as required by Article' 12-A of the Town Law. • -4- :■ - The- ■'bou-rid'ai-ry-. .■d'gs-GrIpt-i'Ori' -■■(■Scih'e'aule- ■A)"'- 'thid- 'drde'F- ■■for - • •publ'i'd-'hla'sv 'been- 'dra-f-fe'd -td_ ■i-ricl-u'de; .•th'e'.■lands' •of---Cdrnel-l' ' UniYdr-s-ity.- If Cornell University • is not to be included, .the following phrase- is to-be added to all copies, of the "description attached to the order; Excepting and reserving the parcel containing 3.026, , more or less," 'acres of land owned by Cornell University at the southwest' corner of the above described parcel,' as shown on the aforesaid map described as follows.:- ' Beginning at the southwesterly corner of the parcel as described abo've;' thence' south 75® 40'. east along the center .line of Ellis Hollow Road 615- feet; the'nce north 5® i25' 30" west- 230v22 feet to an iron pipe; thence 'north'"75°" 40'west"'601',75" feet to an iron pipe;", thence south '2° 15' .45" west along the Ellis Hollow R.oad Sewef- District. 226 feet to" the place of begin ning. Mr. Riley will be "responsible- for making the' changes" in all copies of'the .descriptioh and also informing my office' so that .they will make the"-"necessary changes in the copies which are in my office." . Both Ke'nnilworth and Tompco must provide pioblic liabilityinsurance "policies providing-the same protection to the Town against all-hazards- usually required by the Town'in water and sewer construc tion.. In addition,' coverage may be required for the "protection ofthe 'County and the" County' Highway Superintendent with respect to. any work done "within the highway, boundaries, Tompco and Kennilworthmust include/appropriate estimates; for any expenses which may beincurred by ;the Town' and .chargeable ,to these districts for supervisoryengineering fee's,- Town Attorney's. fee's in connection with thedistrict, or other es^enses'. No permit ehould be issued for this ' work to bd .commenced unless appropriate; "certificates of insurance and easements- to the Town' have been" prepared and approved by the Town. Under" Section 199, when" a main is laid in .the-street,'..theproperty owners on the other- side of the street" may wish .to connectwith ".these "lines. ^ Their wishes should be considered. ' If-the" "projectweie ;to be constructed at Town expense, it probably could not be cohs'tructed under Section 19-9 without .the approval- of the owners onthe -Other side of the "street. I have "spoken, to Mr. Myers about thxs- J.V.B. ' JVB:csb CC: Walter Schwan Welton Myers * Peter, -France's'e James' Dunlap Area Code 607 BUYOUCOS & BARNEY Attorneys at Law SAVINGS BANK BUILDING JAMES V. BUYOUCOS ITHACA. NEW YORK I4850 JOHN C. BARNEY PHONE AR 3-6841 February 24, 1970 Mr. Walter Schwan Town Supervisor 16 Muriel Street Ithaca, New York 14850 Dear Walter: I am enclosing a copy of a letter from Mr. Barnard to me dated February 17. Everyone agrees that we must have an adequate map upon which to base a description. Lozier did not make a separate survey map of the parcel to be acquired for tank purposes and the easement for the pipe lines. Jim Dunlap told me that he was sending me a set of the blueprints which were used for the construction on which the dimensions are given for the tank site and the pipe line easement. Since they have not reached me as yet, I don't know whether or not this would be adequate for purposes of a description, nor do I know whether or not the lines and the tank as actually constructed are within the lines as shown on the blueprints. If these blueprints are not satisfactory, the premises must be surveyed. Perhaps Mr. MacDowell, of Cornell University, could be retained for this purpose. At this point, X express my clear disagreement with Mr. Barnard as to the second paragraph. There is no reason why the Town of Ithaca should not have title to the tank site. There is an absolute necessity to have a 20-foot easement. This is what the Town requires in all other instances. I think you should take the matter up with the appropriate auth orities at Cornell. When it was agreed that the tank and the pipes would be constructed in their present location, there was no reservation on the part of Cornell officials, so far as I know, that we would be obtaining an easement only. I would not object to an easement for the pipe lines. I would object to an easement only for the tank site. The statement in Mr. Barnard's letter that there should be provision for the alteration of location of water facilities should they ever interfere with the future development plans of the University for the area clearly cannot be accepted. I would like to know whether this is a policy established by Mr. Burton Mr, Walter Schwan Page 2 February 24, 1970 :r or someone else. Certainly, this was never brought to the attention of the Town, It is not acceptable for the reason that the district cannot afford the expenditure of moving a tank or pipe lines. Furthermore, I advise you that this will prejudice our bond sales. In view of all this, you can see the necessity for immediate clarification of this matter with Cornell. However, in all events, we must furnish Cornell with the necessary map or drawings showing the in place location of the storage tank, the pipe lines, and the proposed access route. Yours very truly, BUYOUCOS & BAPNEY James V, Buyoucos JVBrcsb Enc, CC:James Dunlap Noel Desch Andy Soyring Ralph R. Barnard . ^ i I TOWW OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 . ''7 April 8, 1970 Board of Public Works City of Ithaca 108 East Green Street Ithaca, New York Gentlemen: The Water and Sewer Committee of the Beard of Public Works of the City of Ithaca met with representatives of the Town of Ithaca on April 1, 1970. The Water and Sewer Committee requested that the Town of Ithaca present to the Board of Public Works a formal request for water to serve the Tompco, Kenilworth projects, and to include with that request a detailed breakdown of the water required to serve both projects. The engineering reports detailing the water requirements for the projects in question have been forwarded to the Board of Public Works. The Town of Ithaca hereby formally requests the Board of Public Works to grant water and sewer for both projects. Very truly yours. Walter J. Schwan, Supervisor Town of Ithaca WJS:bp 1, r * , < •-siK'* ^ i * \ " * ir- ^ n sf aii .A . -• r ■i:- -. -^r''. i?-.t.W'..-*-';.. ^ APR 0 9 1981 June 26, 1970 Aaaemblywoman Constance S. Cook Coy Glen RoadIthaca, New York 14850 Dear nrs» Cooks The Town of Ithaca purchases water and sewer from the -^ityof Ithaca at Dt times the City rate. The Town owns all facilities outside the City line. The City informed the Town threemonths ago that they had a water shortage and subsequently refused water and sewer service to a oommereial, muxiple housing,and single family project in the Town. The Town has been negotiating with the City on how to provide more water and from where. The ^ity's position is as follows: The City will provide the water to the Town at 1)5 timesthe City rate plus all costs of developing a new source, pisis baiioc. on a City ctatement that the City taxpayer has made hiecapital investment and therefore should not pay anything towardsfinding water for outside municipalities. The Town feels it has other options availible for developinga new water source that would cost no more than the 1^ rate weare already paying the City. The best possibpty is BoltonPoint in Cayuga Lake and it could be developed jointly with theTown of Lansing. The Town is quite sure it could ^evelop itsown water system at a cost only slightly greater than tp costof buying the water from the City, and definitely at a lower costthan the City's offer of 1)5 times the rate plus. We have another problem in that our sewage flows back tothe City Treatment Plant. It has been inferedif the Town were to develop its own water system the City would then refuse extension of sewer service. ■ .■ ••• ■A ?■. t. — \ -2- According to recent information the City's Sewage Treat ment Plant was expanded and modernized right after the end of World War II. The -^own has been informed that this was done in part with Federal Government Funds, and that a stipulation was made by the Federal Government that the Sewage Plant had to be an area plant in order to qualify for Federal funding. If this is indeed true it would negate the City's refusing sewer service extension to the Town. The Tov/r: of Ithaca would like to knov; exactly what the agree ment between the Federal Governement and the City stated at the time the Sewage Treatment Plant received the Federal grant. Sincerely yours, Walter J. Schwan Supervisor WJSrpp UNITED STATES DEPARTMENT OF AGRICULTURE FARMERS HOME ADMINISTRATION Roon 203, ttldt«ini n.asa 700 Sast Watar Street STracuae, Hw Tort; I32IO July 17, 1970 Boaorabla Walter J« Schwaa S^rvisor, Toim of Ithaca Ithaca, New lork IJ485O Subjectt South filll Sever Dlstriet & South ffiJl Water District Dear Slrt Ve are la receipt of your ^iplicatlon for subject sewer and water distrLcts* This is to infora you that ve hare referred your ipplication to the Departaaent of Bousing and Oxban DerelopBent, 26 Federal Flasa, Hew Terk, New York, since your area is contiguous with the City of Ithaca, I aa sure that we understand your problea* Sincerely, F0:-* 0. V. LZOW ieting State Director : f;-. • Cv V* •*" • s H \ * * lA.t,T^ DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 26 FEDERAL PLAZA, NEW YORK, NEW YORK 10007 REGION I July 22, 1970 IN REPLY REFER TOl IMP Mr, Walter J, Schwan Supervisor Town of Ithaca Ithaca, New York liiS^O Dear Mr, Schwan: Subject: Water and. Sewer Facilities Grant I^ogran and Public Facility Loan Reference is made to the July 17, 1970 letter of referral by the Farmer's Home Administration of the South Hill Sewer District and the Second South Hill Water District (Town of Ithaca) Standard Forms-101 - Preliminary Appli cation for Federal Assistance for Public Works and. Facility Type Projects. We regret to inform you that grant funds administered by the Department of Housing and Urban Development may not be used to refund outstanding bonds, under either the Water and Sewer or the Public Facility Loan, or to liqui date other liabilities of the applicant, or to finance the purchase of fa cilities already constructed. We are enclosing a brochure on the Water and Sewer Porgram in the event that assistance be required for new construction. If you have any questions, please do not hesitate to contact our Program Field Service, (Area Code 212, 26l4,87li6), Sincerely yours, V^liam J. Assistant Regional Administrator Metropolitan Development Enclosures cc; Farmers Home Administration = H *5 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 26 FEDERAL PLAZA, NEW YORK, NEW YORK 10007 REGION I July 22, 1970 IN REPLY REFER TO: IMP ifr. L, A, Dickarson State Director Fanners Home Adininis'fcration Room 203, I'lidtown ELaaa 700 East Water Street Syracuse, Heu York 13210 Dear Mr. Dlckersons This is to advise you that the Departsaent of Ifouslng and I&'ban Deve- lopnant cannot accept th© responsibility for processing the following projects Inter-Agency Control Kuafl^ 005688 Tomi of Ithaca Tompidns County New fork Sincerely yoursj Sgd./Nick M. M William J. Davis Assistant Regional Administrator Metropolitan DeveXopo^nt 001 Town of Ithaca .APk latil WATKE P. A.CKAHT ROBERT W. BUTtEH JAHBS C. DUNIAP JOHN R. OHAT EDWIN L. KUMUBB SALVATOHE A. lABELlA BODBRIC F, LEIAND CHARLES H PLATEORD ROGER H. BICE THOMAS A. SMITH WITT,ART) a. STEAMS DAVID C, THOMAS Lozier Engineers, Inc. lO Gibbs Street Rochester. New York 14604 September 15, 1970 1302-3 8 9 10 12 13 14 15 16 17 phone: 4SA-5630 Mr. Walter Schwan, Supervisor Town of Ithaca 20 Muriel Drive Ithaca, New York 14850 Re: "As-Built" Drawings Town of Ithaca Dear Supervisor Schwan: Under separate cover are two sets each of "as- built" drawings for the Ellis Hollow Road Sewer District, Slaterville Road Sewer District, South Hill Sewer District and Extensions 1 and 2, Second South Hill Water District and Extensions 1 and 2, East Ithaca Water District, and Snyder Hill Road Water District. We recommend jects that you have be the future. that all other prints of these pro- destroyed to prevent confusion in We suggest that one of the sets be given to the City for their record purposes. Additional sets can be supplied, at cost, when needed. It would seem that it would be useful for your records to note on your plans which water services or sewer laterals have been connected, and to also note when new connections are made. JCD:tam End : as noted above Very truly yours, LOZIER ENGINEERS, INC. /james C. Dunlap VINCENT P. HANNAN ASST. SUPT. OP PU&LIC WORKS orpiea op WATSR AND SeWBR DIVISION £<0 FIRST STRBET ITMACA. N. Y. A'" V ; '-v: ".[riy: CiTY OF ITHACA TOMPKINS COUNTY NEW YORK ^ABSD DEPARTMENT OF PUBLIC WORKS TeLEPHONE 272't7l3 Area Code 607 Odt. o.^ \- c i.\ «-r i \ VjV. is. '^^<1 r 3» ^^ . n t \\A\ \A3cx.Wy- SWV.6K^ Wo\^ oS e\cc. - ^oc{.c.Ve. Cor tVvciSiJuVJ^.'^ u.,e<=:k * , CaWou;...^ .^erCioc^.^V.^Ki.-V 0^ ujeSSl lAJ VftSce^CT u.e. i.A/Jt y-V ^tiSlv-Cci, Ci) low ooAr CoV- o^<; AoS/vUV ov. .... ■..C?) W<-C.W W<mVU.).CnV CoV.r -Ur V.C.W c^Tr'6^Ri.^w\-o- ^AA\ QA\\ cc. To VU «A WUcA 0 9 1981 Ootober 16, 1970 Sykes, Galloway A Dlkeman 120 Broadway Now York, New York 10005 Attention: Robw»t W, Marshlow Gentleman: We would greatly appreciate your help in obtaining clarification on the following points, were the iown to abolish all water and sewer districts! and establish one district. What would the new district look like? Would it have the outer boundaries of all the old districts, or could the Town boundaries be the district boundaries? In other words, can we abolish the existing water and sewer districts and have one Town-wide Water and one Town-wide Sewer district? Principal and interest would be charged on a benefit basis only to benefiting users. If the water and sewer districts were tow- wide, it seems as thou^ it would be easier to extend them. Is this true? Is the machinery for extension the same either way? The law says repairs, maintenance, and operating costs must become a general Town charge. Sincd the Village of Cayuga Heights is not part of these benefit districts I assume the general town charge would be levied on the Part Town (Village out) Budget and Tax Rate. Is this correct? Under the Townwide Water and Sewer District idea could we then include benefiting property owners who petitioned their land out of the original district, v/e have several of these on South Hill who benefit but are out of the existing district. If this is not possible we then must establish a charge to be levied against property which wants to petition in after a district is formed and benefits assessed. This land has risen in value from SlOO per acre to $1,000 per acre because the water ^4 sewer are there. They either share the cost of water and .Mr« Robert W* Marshlow -2- October 16, 1970 Sykes, Oalloway ft Oikeman eewer, or else pay to get in* Part of our operating and maintenance expenses are composed of hydrant charges from the City of Ithaca. The City charges 675.00 per hydrant per year. Could these charges be transferred to the Town fire levy? We contract with the City of Ithaca and the Village of Oayuga Heights for fire protection on an annual basis. The hydrant charge runs $9,700 per year and if it could be moved to fire protection it would reduce our general town charge for repairs, maintenance and operating expenses to xmder $25,000 per year. Any help you can give ua in answering the above points would be greatly appreciated. Very truly yours, — — " aah Walter Sohwan Supervisi^r WStbp r October 26, 1970 Mr* Donald Makie 360 Ridgecrest Road Ithaca, Hew York 14850 Dear Mr. Makies Mr. Ernie Cole told me at the last water agency meeting that the Sown of Danby was definiMy interested in extensions of the Sown of Ithaca water system into Danby. She Town Board of the Town of Ithaca has worked out a formula for suppling water thru our system in the Uortheast to the Town of Dryden, Varna district. V/e think it is a fair formula, so I will explain it in detail and I invite your comments or criticisms. 1. You would share in the operating-maintenance and repair costs of the South Hill Districts. 2. We would take the cost of constructing the primary system on South Hill aid determine what percentage it represented of the total bonded indebtness. You would then share in the annual principal and interest charges but only on the basis of the percent that v/as for the primary system. 3. Your percentage share would be determined each year by using your metered water for the previous year and our metered water for the previous year on South Hill and finding what percent you represented of the total. To illustrate lets use the Uortheast and Varna; H.E* Water maintenance k operating costs 1971 = 3 6>^50. (including 2 pump stations & 2 500,000 stand pipes) H.E, bonded indebtedness 3350,000. N.E. primary system needed to get water to Sapsucker Wds. tank so Varna could hook on $138,852. = Ifoiok = H.B. water 1971 principal k interest paymentl8,930." i- " Dryden 40?^ share = .40 x 18,930 = 7,572* N.E. total annual costs Dryden shares in ± $14,022i Mr. Donald Makie -2- Oct. 26,1970 Water Oonsumption 1969: Dryden 665,300 ou.ft. N.S. 6.928,100 cu.ft, 7,593,^00 ou.ft# Dryden used 9^ of total water ptzraped by the Hortheast, Dryden share of cost = 9^ x $1^,022, = 81,262. H.S. Budget total for 1971 = 325,380.50 city hydrants charge = 3«487>50 Total IJ.E. budget 1971 = 828,867,50 You would of course have your own maintenance and operating expenses and if the vmter came from the City you would be metered by them (they supply the meters)-and pay a 1)^ times rate to the City quarterly. Should the To\m of Ithaca develop its own source and distri bution system the costs v/oSld be pp-^rt of the water rate and we would charge you the same rate we pay in the Town. You could supply your ovm meters and do your own billing or you could contract with us to do it for you. You could also buy water in bulk at the Town line thru^ar^matter meter and then set your own rate, v/e would be happy to eupr-ly you, for the simple reason that the more customers wer have the larger the base is over which the cost is^read. Let me knov/ v/hat you think of the formula. Sincerely, V/alter J, Schwan Supervisor WJS:pp ■4 4 ■ '4 A": ' \ / r.:r7 ■^^-'>/■J■■■|■;■?|^%^ -'■/' ^>'v MJ/siJfW]-Mi^W f 1Q%V-APR 09 1331 Town of Dryden 65 East Main streetDryden, New York Bear Sire: ->-r^m^ November 9» 1970 Res Vama Water Eistriot ■ ::A-' The Town of Ithaca, Town Board has worked out the following for mula for the Varna Water District to pay their fair share of the costs incurred by the Northeast Water District in supplying water to Varna. Varna would share in operating and maintenance costs on a percent age basis and the percentage would be computed from metered water use from the preceeding year# The figure for 1971 was arrived at as follows: N#B. Water maintenance & operating costs 1971 * (including 2 pump stations & two 500,000 stand pipes) N.E. primary system needed to get water to Sapsuoker Woods tank so Varna could hook on » $138,852# HE. bonded indebtedness « $350,000# = 1^616^0! " N#E# Water 1971 principal & interest payment $18,930# Dryden share « .40 x 18,930 m N#£. total annual costs Dryden shares in « $ 6,450# Water Consumption 1969J Dryden 665,300 cu.ft# N.E. 6.928.100 cu.ft. 7,593,400 cu.ft. 665.3007,$93l40(5Ratio jhm, 314,022, yra c#v .0876 or 9?t Dryden used 956 of total water pumped by the Northeast# Town of Dryden -2-Hov. 9, 1970 Dryden share of cost = 9^ x $14,022. = $1,262.00 N.B. Budget total for 1971 = 325f380.00 city hydrant charge = 3.487.50 Total H.E. budget 1971 = 28,867.50 V/e have added one more limitation to your percent involvement. Your share of principal and interest charges will have a maximum limit of 10?^. Sincerely yours, Waiter J. Schwan Supervisor V/JS:pp \ 99198f^ TOWN OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 Hovember 1970 Mr. Jataes Buyoucos Attorney At Law Savings Bank Building Ithaca, Hew York 14650 Bear Mr, Buyoucos: The Town of Ithaca would like an itemized breakdown of each water and sewer district and how derived at a total bill for each district. Please reply at your earliest con venience. Sincerely yours, Walter J, Schwan Town of Ithaca Supervisor ■■f ^ Bp®"" ' n '• laai ■; : •., Vr V "! • Vf ^ .• • fe . r : *,U:- " m. '■. , I "0: _ ...^ , ■ .. ■ ■:--4f's:;.- ly^-v »■ i-'/ ,. •. ■- !!• '•I'.'J- fT." ' w ^. y r is f" > i:: 4 *' i^";--.'>^;iv:V-V- •v : , Charlfffl Hew«ll^ 8ap«rrlMr Town of Lansing $9 Eanotts Road LodlowlXlo^ Hew Tork Hsnronbsr IX* 1970 Ro: Bolton Point 'I c r.J,® I-;: ^^?'- &*-e: •% .J^.O > i?^• . Doar Charlios Tho Town of Ithaca at a rocent noatlng dlscussod the stateaent aade hy you at thelast County Water Agaziey aeetlng p reiatlva to devaloomant of Bolton Point. I angwm you reallae that we haTo aereral npohlona which hare nothing to do with Boston Point, but which sould have a large effect on our decision to go there forwater. We could water the Hortheaat and the village and the City could say nothing; but if thlR did not free water for other areas of the Town of Ithaca Itwould not bo worth the effort or exneoee. We are hoping that the wells ^fffeaaable,will gain ua soaie flexibility in deellng with the City but it is too eoon te tell. We are ebviouoly tmaure at this ooint whether we can go to Bolton Point for water, and if we did how nweh wo would want. The quantity wo would need depends on how far wo would take the water, Sowever, we think the Town of Lansing, Town Beard•keuld give us in writing a definite eemitaeat as to how they are willing to sharethe coats of the develonaant of Bolton Point. What wo are asking for Is o broadgeneral fomula for tb# source alone. We think a fair sharing basis would bo onthe nunber of n.gtd. being paid for by each nunicipality. For oxaaplo: 3 K.G.n.•oureo» 1.5 M.Q.D. for Lansing^ 1.5 M.G.B. for the Town of Ithaca(including theYiUago of Cayuga Heights); Lansing and Ithnco Towns to share source costsequally after any State or Federal funds ^ve been eubtracted ft*oDi total source costs. We would be willing to stipulate that the nw water Intake and the rawwatar aaln up the hill would be siaed at twice the initial capacity df the filterplant. We also think the operating and oalntenanoe costs should be shared based on actual wator used oaoh ■unlolpallty. •Wo hop# that by tho tine you havo roached a doclslon on tho sharing of the sourcocosts, we will hage a better idea of \rtiero wo ere going. Since all exDondlturosby the Town of Ithaca in source ooste or traneaisslon aaln costs, would be asseso-able and taxable by the Town of Lansing, ws would also like a ooaitnent fro« Lansing that those exoenditures would not be taxed. Sincerely yours. Welter J. Sobwaa Supervieor 7»if Ut* W ■ '' i VJStpp - .V, ■ 1. .rt;; ^ . r P i 1302-14 VTATJU: p. ACKAHT BOBERT V. BUT1.ER JAMES C. DUNIAP JO&R R. GHAT EDWIN D. KTDfMEE SALVATOHE A. lABELIA RODEBIC F. ICELAND CHARLES H. PLAYFOED ROGER a. BICE THOMAS A. SMITH WILLAED a. STEANE DAVID C. THOMAS Lozier Engineers. Inc. ' lO Gibbs Street . Rochester.NevtYork I4604 December 8, 1970 phone: A54-5S30 Mr.„ Walter B. Schwan, Supervisor Town of Ithaca Town Offices 108 Eas,t Green Street Thi rd Fl oor Ithaca, New York 14850 Re:Eastern Heights Phase Two Town of Ithaca, Subdivision N. Y. Dear Supervisor Schwan: We have reviewed our files and find no written communication concerning the waterhiain running from^ Snyder Hill Road to the Hungerford Hill tank. Prints prepared for the development, how ever, have been found dated as early as 4/12/67 and as recent as 7/28/67 showing the watermain in this area. The Town's plans were completed at a subsequent date and submitted 8/17/67 to the State for review and ap proval . Enclosed are reproductions of portions of a print dated 4/12/67 showing that it was the intent and^ desire of the developer to have the watermain located in a future right-of-way. At some time during the prepara tion of the detailed construction drawings, we also learned that the approximate depth of lots on the east side of the proposed road was 150 feet. Insofar as we are concerned, this watermain can be used for domestic service and will obviate the need for construction of a watermain by the developer with attendant cost savings to him, . Very truly yours, LOZIER ENGINEERS, INC. i3CD:hbm End: As noted J ames Dunlap UoTB-• 1. Feopoi:.£';> aumicipal vAtek. A*fe 16 Appp-^^x.iaAte- V \vi-\ere it 1^? -5Ho\VM R'JWUlVj^ PAR-ALLEL. to TOWhJ UKJE ^T='HA6nr- , W l-i THE . I^1TE^J^ THE lAIsIP ^rAVMEt< (EA-J^TElpU H£\<^HTS, Iwd.) TO PEvEUOP THl^ ' AREA LATER 4 IKPH^ATE-S ^eca LO^:ATi^v-i of water MAtM -£^5 V: AS MOT T«P UKJHE<:esSARIlV split THE" LANlt> RE "D-EVLLf>pt.b. 2. , vAlves amd c:urb eok£-s AP-E mot shcavm ^ Movv:%v'c;!<j Au_' "; . MECESSARV L'TILITT' <iO^]ME0,TK^^.iS SHALL BE IKISIAILED m Ac:.COR.t)AM<:i=- ~ WITH WAiBR. TTRPARr/AEHT ANb/0(R tcaVk\ REOv/uATlc-r^O. n • ' , n • 3. AmHA W1TH»M shaped BOvjMbS IS AREA TO BE PRESEMTLy PEVELOpet). V ' '"•^4-. ALL water /aAIKSj WHE'^b , SHALL S" «^AST IROM V All CANnARV " n , ■6EWt-.R LIWES shall BE . ASBESTOS SEAEMT (AC) S'TlPe-. ? " . : -v- •.;ij'PSS® ^1.-" .• "..-'P '- ,'*•■" ■'" . ■•• -P.'' •'•■■'■■ •" "P •',, • -•, ••■*-.. '■;■ '-> ■ ••' ' ' ■ •, .PV?'.."' y.P V REVISIONS 4-1^-^7 'PRcLUMWA15^7 -ScWER. f' WAT'cX PuAJi Xr- E-asterm 1~1E!^HTS 6uE.DW1SIOM SKiVo&R 4\lu p?C'Ad ■ itHA^ApiL--/P' tA^>T£RK! Me:U2HT6-, I'-it-.. So<^ kloRTvl St, itpapA-t .l.y. TRCD. BYi CKD. BYi JOHN S. MacNEILL. Jr. CONSULTINQ ENGINEER & LAND SURVEYOR 276 TOMPKINS STREET CORTLANO. NEW YORK 0ATS:4.-,nA SCALt; j"i- ;_ ,■ •. DR. NO ''/' p ■^nggjS^gfq^liiIu I ..i imtn ■"FTRW p iz ^ n ,: ■ -■ ■: -• - / "" ■* : • • -> 'T ; - '• ' * •' . • ; , < ; •' , jT ' ,1 I ■ "• ; ' • • . - ^ i >. ■ '' • ■ . , . ■ • . , • fl / ' -■ " ■ • •' • • ' ■ ■ < ' •> - ' • ' ■ •- ' • ■* , •* ■ " ^ • 1 ' .. v> v* ; j ' » * : ' ' " ' - -. ' . ^ V x' f I I ■. - ■ ■ ' t -y j - ' - . ' : •' * • v • ■- " - V V- % - ^ " •• > ■ :- \ r - ?. • .« v -r -■ r- Y - : -^ • V- 0 <5 ■ . cc 3 YV ■■ — - r - : — _ IT H A cA : ■ ■ ■ ■ , • *; ■ , . ^ • . .. . ^. . 'l _ • • TD R y i ^ B - K | . ■: ' : : C . ' ■ ' ' ' •• -a 4 : v - v - '. > . - ■ . * • • ' •w - IS ? . . ; !s ^ r X- A 2 "2 5 P -T - r m 5 V r '; . r .- ' 7 ., •> » ■ • , ■ ■ . . ■■ ^ - . «: v > 5 <■ ; • :■ - APR 0 9 iS8r - V n ••• -• Daeombdr 10, 1970 Mr. Joe8«ph Cardonla 177 Kendall Arenue Ithaca, New York 1ifd50 Dear Sir: Tue Town of Ithaca Sanitary Sewer Ordinance became effectlwe August 11, 1970. The Ordinance specifies: 1) that the sewer wox4e must be completed within a reasonable lenghh of time, 2) that any infringing on the Town's right of way must be properly bar* rlcede'i, and 3) that any vlAlator of the ordinance shall be guilty of a misdemeanor and upon convletion thereof, shall be fined in the amoun# kf 8500.00 for each violation. Tou are therefore notified that you have ten days to comply with the Town's Ordinance or the Town will institute the neces sary legal stops to enforce compliance. Sincerely yours, Walter J. Schwan Town of Ithaca Supervisor ' ' ' 'tJ, WS/cs • •- •• --v • ••• ' V'. . ..i .'' •. •- -vr • - V.-' n n n •■••-"•'-■■•r' A:.- if,- -- ;• ; . •-■■■ s'\'- -t - ■ V ? . V.-- „ 1302-29 ■WATSE P. ACKAHT BOBEBT W. BtnXEH «JA2fBS C. rtTTTJT.AP JOHN H. GRAY EDWIN I.. EUMKES SA1.VATOBE A. lABEUA BODEKIC F. LB LAND CHARLES H. PLAYFOBD SOOER H. BICE THOMAS A. SMITH WILLAHD H. STEANE DAVID C. THOMAS Lozier Engineers, Inc. lO Gibbs Street Rochester. Ne"w York 14604 February 4, 1971 phone: A5A-S630 Mr. Walter Schwan, Supervisor Town of Ithaca Town Offices 108 Green Street East Third Floor Ithaca, New York 14850 Re: Water Tank Painting Dear Mr. Schwan: Mr. Dunlap asked me to send the attached toyou so that you would have it before the board meeting. We thought that the letter from the Virginia Erection Corp. and the artical taken from the AWWA Journal would be of interest to you. You should also have the American WaterWorks Association 0102-64 specifications for paintingand repainting steel tanks, standpipes, reservoirs,and elevated tanks.for water storage. If you do nothave this, we would be happy to secure it for you. Very truly yours, LOZIER ENGINEERS, INC, Paul Windt PW:jcf End: (1) letter from- Virginia Erection Corp (1) Article from the AWWA 1302-29 STEEL WATER TANK MAINTENANCE The maintenance of the Inside surface of the majority of the steel water storage tanks, is sad ly neglected, primarily because the tanks must be taken out of service for a month or longer during the time when the storage is urgently needed to meet the peak demands. After many years the person in charge realiz es that something must be done if the tank is to be saved. When it is finally taken out of service it will probable require a considerable amount of welding which adds to the downtime and cost. The outside of most tanks presents no unusual problem as paint can be applied practically any time during warm weather. CATHQDIC PROTECTION We have had no occasion where our clients were interested in cathodic protection. We inquired of Mr. Thomas McTique, of the Monroe County Water Authority who is in charge of the maintenance of 15 steel water storage tanks, varying in capacity from 0.2 to 5.0 million gallons about their experience. Three years ago they installed cathodic protection in a 0.6 and a 5.0 million gallon tank. The tanks were painted before the installation of the system. The cost of this installation was high (cost unknown). Because of ice formation in the tanks, the electrodes were designed to dissipate before the ice formation, however, enough remained so that the ice tore loose the electrodes and parts of the hangers. It was necessary to drain the tanks to remove the debree preceeding the installation of the new system. The annual cost for the installation in the large tanks was $1,000 and $500 for the smaller tank. In addition, the labor cost was $100 for each. After three years the system was abandoned and the 0.6 m.g. tank is now being metallized and the larger tank will be painted this summer after a new duplicate tank at the same location has been placed in service. 1302-29 METALLIZING To date, probably the best protection of the inside surface of water tanks is by the application of molten zinc to the clean steel surface commonly called metal 1izing. The steel is thoroughly cleaned by sand blasting after which the molten zinc is blown on the steel by means of a special gun. The zinc in the form of a wire is melted in the gun which then blows it on the steel. This process is expensive but it lasts al most indefinitely. A few years ago we inspected a tank in Erie, Pennsylvania which had been metallized approxi mately 35 years before. At the time of the inspection it was found to be in perfect condition. As previously mentioned the Water Authority is having a 0.6 m.g. tank metallized at this time and a few years ago they had a new 0,5 m.g. tank metallized Attached is a copy of a letter from Virginia Erection Corp. who do both metallizing and painting of steel water tanks. FIBERGLASS REINFORCED TANK LINING In recent years the interior of some tanks have been lined with a fiberglass coating. In this process again, the steel is cleaned by sand blasting then coated with a polyester resin, after which fiber glass is blown on the surface and finally this is coated with polyester resin. We plan to inspect two tanks next summer which were coated with this material about eight years ago. We will be happy to send you a report after this inspection. PAINTING Any good tank paint supplied by a reliable manufacturer will give good results providing the steel is cleaned properly and it is applied in accordance with the manufacturers instructions. In recent years a "high-solids vinyl" four coat, paint application for the inside of tanks has been used quite extensively however, the cost is double the cost of other paints. This paint stands up well and resist abration better than most paints. 1302-29 PAINTING (CON'T) All inside paint systems should be inspected every two or three years and damaged areas should be cleaned and repainted to prolong the life of the system P W: j c f 2/4/71 ESTIMATED COSTS OF STEEL TANK PAINTING PAINT SYSTEM TANK CAPACITY Inside - metallizing Outside - spot and 2 coats alkali paint 500,000 Gallon 250j000 Gallon Unit Cost Insi de Outside Total Inside Outsi de Total $2.00 .40 $19,400 $3,100 $22,500 $12,000 $2,000 $14,000 Inside - fiberglass Outside - as above 2.00 .40 19,400 3,100 22,500 12,000 2,000 14,000 Inside - 4 coats hi gh-sol1ds vinyl Outside - as above .60 .40 5,900 3,100 . 9,000 3,600 2,000 5,600 Inside - primer and 2 coats-phenoli c Outside - as above. ! .50 .40 4,900 3,100 8,000 3,000 2,000 5,000 NOTE: Complete sand blasting is included for all inside systems Spot blasting is included for all outside systems. 1302-29 P . Win d t 2-1-71 WILLIAM T. SMITH ASL'' DISTRICT CHAIRMAN COMMITTEE ON SOCIAL SERVICES the senate STATE OF NEW YORK ALBANY 12224 April 5, I97I HOME ADORESSi R. D. I ELMIRA, NEW YORK M903 Mr. Walter J. Schwan 108 East Green Street Ithaca, New York 14850 Dear Mr, Schwan: Thank you for sending me the information relative to the Cayuga Lake Basin Board, This problem of ensuring that future generations have an adequate water supply is of ut most importance. Many of the various Basins Boards through out the State are doing a fine job, and whether or not the Cayuga Lake Basin Board is "tilting at windmills" with their efforts is a question not answered easily. Rest assured that I shall keep your views in mind when considering appropriations and legislation relative to this matter. Kindest regards. WTS:RPR:das SMITH oTEW VINCENT P. HANNAN ASST. SUPT. OF PUBUIC WORKS OFFICE OF WATER AND SEWER DIVISION 810 FIRST STREET ITHACA. N. y. CITY QF ITHACA NEW YORK 14B50 Telephone 272-1713 Area Code 607 \ OVjJVN \ crui v\ o \0*b 6irec^ G,«MA\eAww fVlovi*- T^i?, UaV rec^u.rcA "V^c:- ImVo\^ vno.W evvi oS >«Vo\v.v.,^ ^ V-a^^^^c^ Oow.,jiltK ^ BOCES U.C ScSitxA. S.\vvat. vOe<uVce.wa +V C- l<^.VVer 4"UjO we.r.«. ino'V a^fec-Aci- -rV>S \<LVWr Uve^vv = vvw|j\ev,^\ arrcw^wviJ^ U)'V>A 00=^ "VUe o<f -^6. T0U.W P\<wv.>..j .ai- )U3t\4i avc i.^3+AA, \J ^CT./VV/-VL.61/VL/' T®WN ®F ITMACA 108 EAST GRESN STREET ITHACA, NEW YORK 14850 June 2, 1971 TO: TOWN BOARD MEMBERS The following is an attempt on my part to weigh all the pros and cons of the Town of Ithaca working out a long- term agreement with the City of Ithaca on water and sewer service. The recent meeting with the City Board of Public Works and City engineers indicates that the present climate might be right for an agreement to be reached, I feel any agreement must guarantee the following: (1) An allocation to the Town of Ithaca of at least 2.5 MGD for our exclusive use from the additional water that will be available by virtue of the proposed line to the water filtra tion plant from the Flood Control Channel. (2) Water to be bulk metered to all areas of the Town. (3) The Town then establishes its own plumbing code and hires its own plumbing inspector, (No licensed plumber) (4) The Town meters and bills its own residents based on a Town established water rate schedule. (5) The Town will pay a percentage of the cost of the City's new facility based on the City's annual debt service cost, (6) If we meter and bill our residents, we will have to hire a billing clerk and meter reader who could double as plumbing inspector and we will have to either buy the City's meters in the Town or buy our own and change them all, (7) Sewer service from the City would also be at a bulk rate based on water and would be billed and collected by the Town. (8) Operation and maintenance costs of the Town facilities would also be paid from water income as well as our percent share annually of the City's new line. Obviously we are duplicating some City services, but it seems the easiest way to get the licensed plumber requirement and the City's archaic pliunbing code off our back. We must compete for growth with other towns who have no such requirements. - 2 - (9) We are, however, tying ourselves to a system that is 60 years oldo They feel the water filtration plant may have to be replaced in 15 or 20 years. They also.say it*s too old to expand. Our own system would be new and would start out with 7 MGD whereas with the City we only have 5 MGD (2,5 MGD we are using now and 2.5 MGD from the new 'source), ¥e also would still have the problem of the BPW and changes in the Mayor and Common Council, (10) We need water and sewer at the City line with no strings of any kind on it, (11) What happens 15 or 20 years from now? If Lansing develops Bolton Point by themselves, we will have to pay their price in order to go there for water in 15 or 20 years from now. Should be make a token payment each'year "to Lansing in order to keep Bolton' Point available? (12) What is the City's long-range ability to supply water to West Kill? VJhat happens when their limit is reached? (Capacity of existing mains), v . (13) If the City pumps water from the Flood Control Channel, we cannot then sewer the Town with a sewage treatment plant which would use the Flood Control Channel as its out-flow. We would have to build at least a mile of out-flow force main down stream of the City's water intake in order to release treated sewage into the Channel, (14) It seems that by dealing with the City now we have locked ourselves into working with the City always. Is this bad or good? In other words, I think we have to look at the long-term aspects as well, as the short term ones, X^e are in a unique position today because Bolton Point is available, but this may not always be the case. Do we take the short term view and pay through the nose 15 years from now when the City either goes to the Lake for water or builds the Upland "monster"? I feel we have an obligation to consider the future as well as the present. How will the Town of Ithaca best be served? It will still be here long after we have gone but future residents will have it easier or harder depending on whether we make the right decisions now. Please give this some thought. Put your impressions on paper and kick your ideas around. We "are going to. have to make a decision in the very near future, Walt Schwan TO:: Members of the Ithaca Town Board, Messrs.. Walter J, Schwan, Andrew W, McElwee, Noel Desch, Victor DelRosso, Robert N. Powers; and James V. Buyoucos, Town of Ithaca Attorney From:: Arthur L. Berkey (128 Christopher Circle, Ithaca Date: June 18, 1971 This letter is to respectfully request your participation in a public panel- forum on consolidation of water and sewer districts in the Town of Ithaca on Thursday, July 8, 7:30 to 10:00 P.M.- at the Northeast Elementary School, Winthrop and Warren Rd. Your participation would involve membership in a one-hour panel discussion ar«i answering questions in the up to 1-|- hour public forun following. Members of the Town Board and the Town Attorney would comprise one side of the panel; and nyself plus other interested town residents the other side. The Rev- Sheldon Steveson of St. Paul Methodist Church will serve as moderator of the panel and forum. Procedures applicable to all at the meeting include a 2 minute limit on questions or responses by any individual at any one time- Any visuals used at the meeting should be prepared in multiple copies for distribution to insure that all present can follow the discussion. In the panel, opportunity to speak would alternate between side This meeting is being held in response to a. number of requests to me for further clarification of the issues involved in consolidation.. Please reply to me in writing at 128 Christopher Circle by Wednesday, Jime 30» 1971»- If no word is received from you by that time I will assume your participation* at the meeting- The need for further clarification of the issues involved in consolidation is iuqwrtant and your participation will be appreciated. Should you have any questions about the meeting, please feel free to contact me. j June 24, 1971 Mr. Arthur t. Berkey 128 Christopher Circle Ithaca, New York 14850 Dear Mr. Berkey: This letter is in reply to your.letter of June 18 requesting the Tovm Board's participation in a public panel- forum on the proposal to dissolve the Town of Ithaca's water and sewer districts. ' The Town Board publicly stated over two months ago that we would attend any meeting large or small to explain our proposal. I have already attended three such meetings and have another scheduled for next week. The Town Board will be happy to attend a meeting of interested area residents at the Northeast Elementary School on July 8, at 7:30 P.M. The meeting will be con ducted by the Town Board in the same manner as other public meetings are conducted. The Town Board does not believe that a two-panel discussion with a moderator who would limit questions and answers to two minutes would best serve the need of the area residents who desire further clarification of the dissolution proposal. Anyone who attends the meeting should be able to ask a question and receive a direct and concise answer. The proposal is lengthy and complicated, but since the Town Board has originated the proposal, we will explain it to the area residents. , Everyone, who j'attended the recent, Public r Hearing, whether for or against the proposal, was given ample oppor tunity to speak. There is no need for a moderator to insure that everyone will be heard. . ,■ Yours very truly,' Walter J. Schwan, WJS/elb Supervisor 128 Christopher Circle Ithaca, N.Y, 14850 June 26, 1971 Mr» Walter J. Schwan, Supervisor Town of Ithaca 108 East Green St* Ithaca, N.Y. 14850 Dear Schwan, Thank you for your affirmative answer to my request for the Ithaca Town Board to participate in a public meeting on consolidation of water and sewer districts on Thursday, July'8, 7:30 P.M. at the Northeast Elementary School. I will precede with public notice to encourage attendance. mis To avoid any possible ^understanding, the role of the Town Board at the meeting will be as participants public officials invited to explain their position to constituents. The Board will not be conducting the meeting. As indicated in my letter of June 18, the meeting format will consist of a one-hour panel discussion followed by a public fonim where questions from the floor may be directed to any member of the panel. Tour concern over the t^ minute limitation per speaker is reasonable and this will be modified to the moderator retaining the perogative to limit speaking time based on his judgement. As it is assiBoed that the Board is willing to discuss all aspects of consol idation, your concern over the questioning panel technique is puzzling to me. This method is widely used e.g. "Issues and Answers", "Meet the Press" and "Face the Nation", for informing the public about important issues. The Board should find this to be a meaningful procedure. The one hour public question period following the panel will pro^de an opportunity for all to be heard. Use of an impartial moderator will facilitate the meeting. Mr. Steveson has no personal interest in this issue and was selected on that basis. Please feel free ^ send to him any background infonnation(e.g. materials in your public mailing) you feel appropriate. Unless you inform me otherwise, I assume from your letter of June 24 that all members of the Town Board plan to participate on July 8, We look forward to your participation at our meeting. Sincerely yours. Arthur L. Berkey ^ cc: Messrs. A, McElwee, N. Desch, V. DelRosso, R. Powers and J. Buyoucos Rev. S. Steveson V' i - - June 29, 1971 Mr, Arthur L, Berkey 128 Chrletopher Circle Ithaca, N. Y. 14850 Dear Mr. Berkey: In reply to your letter of June 26th we refer you to our letter of June 24th. We indicated in our letter of the 24th that we would attend the meeting and we would conduct an informal meeting as a Town and the Town Board will conduct any meet ing that the Town Board attends. Since you apparently mis interpreted that statement, I will be more definitive. The Town Board will not attend a debating two-panel forum on the dissolution of the water and sewer districts. If you are willing to have the meeting conducted under our format, then we will be happy to attend. The Town Board of the Town of Ithaca WJS/elb By: Walter J. Schwan Town Supervisor 103 Pine Woods Drive Ithaca, New York 14850 July 14, 1971 An Open Letter TO: Walter Schwan, Supervisor, and The Town Board of Ithaca FROM: E, W. Foss RE: The Water and Sewer Districts, the Vote, and the Town Plan The Tuesday referendum gives a clear majority for the Town Board to combine the 29 water and sewer districts. The referendum also indicates that a substantial number of voters concentrated in certain areas did not want the dissolution of these districts. Unfortunately, what in the writer's opinion was the real issue and which was not put to vote was the Town Board's Plan for administering the proposed combined districts! The dissatisfaction of this plan was quite evident at both the Hearing and, later, at the Public Meeting! There would appear to be little real opposition to (1) the theory of com bined Town of Ithaca water and sewer districts, (2) assessment of costs to tax exempt organizations, (3) assessments to properly maintain the systems, and (4) assessments to build a contingency fund for unknown future emergencies or needs. The objection rather clearly expressed, but apparently ignored at the two meetings, was the failure of the Town Plan to include a rate structure that was fair to water and sewer users of older and newer districts ! Those who live in districts nearly paid off should not be required to also pay off other newer districts ! In this computer age a more equitable plan should not be too hard to devise, certainly a better one than the one proposed. The purpose of this letter is to request further study and an improved plan. I recommend that a new plan be developed that includes the following: (1) Establish a uniform (non-capital) cost figure for all current water and sewer use; this to include the Ithaca City rate, and projected costs for future filtration, pumping, maintenance, contingency, etc. (2) (a) Add to the above cost figure another cost (to the present indivi dual user) based upon the existing indebtedness of the individual 29 districts. Thus, for instance, individuals in the Hanshaw- Kay St. , etc, district, would thereby continue paying off their bonds and those in other districts would continue paying off their bonds. - 2 - Walter Schwan, Supervisor, and The Town Board of Ithaca July 14, 1971 (b) All new water and sewer connections and users would in place of (2) (a) above be subject to a flat rate capital cost charge the same as, or similar to the one included in the proposed Town Plan. The above would, I believe: (1) Continue the present 29 district construction charges as they have been until they are paid off and thus be fair and equitable for all present residents, (2) Establish a present and future plan that would immediately apply to all new construction and residents. (3) Provide for charges against tax exempt property thus relieving, to a degree, the tatxable property owner. (4) Establish a plan that is now equitable to all and will lead to a future simplified computation and charge procedure based upon a single dis trict. EWF:is 9r cc: Ithaca Journal ^ WALLACE &TIERNAN_ ELECTRO RUST-PROOFING 25 MA IN STREET. BELLEVI LLE. N .J . 0710 SPEhNW\LT CORPORATIOK (201 ) 759-8000 REPLY TO; P.O. BOX 178 NEWARK, N.J. 07101 July 19, 1971 Town o£ Ithaca 108 East Green Street Ithaca, New York 14850 Attention: Mr. Walter J. Schwan Town of Ithaca Supervisor Reference: Electro Rust-Proofing System #3153 500,000 Gallon Reservoir Gentleqiken: Thank you for your letter of July 14, 1971, advising us that the Aluminum Anodes have been located. Since our last writing the tank has been serviced. We would appreciate it if you can store the rods for next year's service and we will note our records accordingly. Thank you for your cooperation. Very truly yours, Wallace ^ Tiernan Division FENNWALT Corporation JEE/pl cc: File — E. Egan Electro Rust-Proofing Service Department 09 mi to™ of ITHACA X08 East Green Street Ithaca. New York IU850 ..4 ^ ;• '• ^/:- ■-/>'•/•• ?" -'^" 'Vr•: '-, ' A- .■ ■ ' ■■'■■'f.' . • • July 30, 19T1 Mrs. Mary Preelove 1361 Slaterville Road Ithaca, New York Dear Mrs, Preelove: The Town Board would like some indication froir your neighbors that they are interested in having the sewer ex tended, We need to know how many want it and how far the extension would go. Ask them to sign below with their name and address if they are interested. We will then get an estimate from the engineers to see if the extension can be made without raising the $50,00 unit cost. Sincerely yours. Walter J, Schwan A" &■ ". -i' V ' ■ WJS/elb NAME ADDRESS 1 ' Se'otembGr 21, 1971 'v-i • . - ' s n . Board of Public Works '• «: . .. . City of Ithaca ' ' - >/ '' •' .f '• n City Hall ..1 V X'. n Ithaca, Hew York " ; . " Gentlemen; ' / ' • .i * " ^ » - ' I n If n > ' . . ' - ^ Enclosed are the five points I raised at the recent joint meeting between the Board of 'Public Works and the Ithaca Town Board. The Tow.n Board requests that the Board of Public Works 'study these,points further and reach a decision as to vJhethe^ all-, or part of them can be implemented th any future water contract'between the City of Ithaca and the Tovm of Ithaca. , We further request that your decision as to which points are acceptable to the City be reached before any further meetins® are held regarding a'joint fate study. ^ The.Ithaca"Town Board feels that it must have some assurance■from the City that the City is willing to change the present arrangement after the., rats study la completed. We have' "no' intention of 'paying our share of a rate study only to find out that the City, intends to continue under the existing contractwith only a revision of the water rate schedule.. Were this to happen we would haversmovod none of the condltlOnG'that haveproduced.the problems' of the past ,12 years. bne of, the comments in the recent joint meeting by a ■ ' member of the. Board qf Public'Works after I read the five points ■ was to the effect that the Board of ■Public Works could not answer our request without,'a rate, study. We do not agree.. " Vie are not asking what th.e rate would be. We are asking whether the pfihclples outlined in'the five points are acceptable 'to the Board of Public ""^^orks as a basis oh which a new water, con tract between the-.Town of Ithaca and the City of Ithaca, v-.'ould be^irittcn after completio.a of the rate study. Since we have dissolved oirr water districts and have only one Town water iraproveTnent dis-■ fc riet, there will be .Oiiiy one contract in the future between the Town and the City'. - -2. n v-r?' ^ ■> ^ , 1' ■ I .would ,like^to ask y^qu--as; m^m"l:)0r"s'.^o^.:the Board of Public Works^ representing'tlie'Cl4:;^-qf d'tihaca'''tb put-yourself .'in- the'position" of a member; of\the.:3^tJ?ac.a Town'Board. You asa'Taember of thfe Town Bb^ord' have' tfte^r'dspbnsibility" of seeingt'o it that the-Tovm'of-^haca has.* adequate -water'for the next20 to 30 years. Where' .the^'wat.er ^cp^es' from^i^ not Important ;so long as the supply is'ade^ate^^'for'j^^ needs and the.price is reasonable, but no matter \wj?ere it comes from if must have no' strings attached to it whi'c'h; could hinder the,Town's ability to grow. - The existihg contract, has not worlced too'wellas -far as the Town'is cohcerned.;The'fepord, speaks'/or itself.. ■ We are determined that any .future contract will not' be affected no matter x^ho sits on the Board of Public Works, inthe Mayor*s■office, or on the Common Gouncll. We believe that.the five principles we have outlined will achie\re .this end- V7e' hope you concur^. .' _ • ' Yours very truly, ^ , VJalter J. Schwan. Town Supervisor WJS/elb ■ ' ' i ' ' , ' - 103 EAST GREEN STREET iTHACA, NEW YORK 14850 1. Town to set its own water rates. 2. Town residents will be metered sind billed by the Town. 3. Town will buy water at bulk rates from City. 4. Town will write its own plumbing code. 5. Town will hire its own plumbing inspector. In effect the Town is buying water at the City line with no strings attached other than the quantity available. 1. By setting our own water rates there is no such thing as a 1-1/2 rate. We will not give volume discounts to large users because they only run the pumps more (i.e. City Filtration Plant), 2. Does not mean that we will not contract with the City for metering or billing. 3. Bulk rate can be done either by adding up all meter readings or by actual bulk meters. 4. Town must compete for growth with other towns who have no codes or inspectors. Code would allow PVC plastic pipe for drainage and would not require licensed pluriibers. Does not mean we would not share City inspector and share his salary. .'•V •••• ' ; • •- ' n .V. -A ' . •_ • •• X-•;.-••••••• Wm. FRANDSEN & SON CONTRACTORS Rt. 34 Dial (607) 589-4965 Spencer, N. Y. 14883 October 11, 1971 Tovn of Ithaca ^ Mr. Walter Schwan, Supervisor I08 East Green St. Ithaca, New York 1U85O Dear Mr. Schwan, In reference to the new 1972 Proposed Water & Sewer Assessment on our property, 15^"'50 Slaterville Road, I feel that a tax of $209.30 water & $l}-55.00 for sewer is unfair, for the following reasons: 1. When the water district boundaries were re-established in I968, It was my understanding, as well as the Planning Board eind the Town Board that our property was included, (it was not until the fall of I968, after I had spent a considerable sum for developement plans and changes, that I was told that through an "oversight" my property had been omitted from the water district). 2. In order to co-operate with the Planning Board, I agreed not to build on the land bordering Slaterville Road because of access. 3. I ended up with the engineer's expense, the giving of a right of way to the Town, no access to Slaterville Road, and a sewer pipe without water. Now, you are assessing me for a sewer pipe I can't use and Water I can't get. I do not think this assessment is fair. I request that the Town get their own water system and re-assess a just water and sewer tax on this parcel of land. Thanking you for your time and consideration - I remain. William Prandsen Robert F. Wagner Chairman Stephen May Robert C. Weaver Vice Chairmen I^ul E. Bragdon Executive Director STATE OF NEW YORK TEMPORARY COMMISSION ON THE POWERS OF LOCAL GOVERNMENT 201 East 42nd Street New York, New York 10017 212 986^170 (h 1971November 5, Mr. Walter Schwan Town Supervisor 108 East Green Street Ithaca, New York Dear Mr. Schwan: This past Monday I met with members of the Cornell faculty, including Professors Young and Taietz of the Department of Rural Sociology, and Professor Lutz to discuss the work of this Commission. In the course of our discussions it was mentioned that you are active with respect to the consolidation of improvement districts in the town of Ithaca and had had considerable experience in this area. We are most interested in the matter of district consolidation, including questions such as the type of districts, how long they had existed and what arrangements were made with respect to outstanding debt (if any). We would greatly appreciate any information you can give us with respect to your experience in this area. If you have any written materials that you wish to have returned, we would be glad to make copies and return the originals to you. Many thanks for your help. William R. Counsel WRG/aa ?v". •< . ).• . / V -J'j . :? ' : '-.j'.'i.-' ^ ' n ■■• :\r ■■'.■■ ': ■ v:.;- '■ V-': • ^ 'H:f ■'. ■" •■ -r- .,X/,^% r.. 9- .- '- j Vi ♦-' William'Ginsberg '". i \ ' .■'• ' ' '■'^ State of Hew.Yo.rk ^ \ ' ,.1.'' -'Temporary Cotmnlsslpn on'the_^,'/ -■. \ ' ' Jf' Powers .of Local '(^yernment : .'"•/' '■ "' " ,> ■• .'''•^y' ',.20i:-East, 42nd; Street ' ^ . V ' ^ " '■ New York, -New York; 10017',." - /y-''-'• " " ^ . . .Dear-'Mr.. Ginsberg;-',.-■ , ■ - -i- y ''".'yy :* ' ' . - Tlie Totm of Ithaca had/.l9M^ater.,-Districts and 10;^Sewer.Districts, • , ..- ■ • ' • n was literally an •adml'nistrativG,mesa;. The; districts" datcdVfrpm 1930 T^th ;• , '. , . the majority dating from 1953i' A^chary Is-enclosed which was displayed - ' on. a 4*x6* board fbr-''use-at "the''^meeting we''held'bh^dlssoltitionV " " ;'■- V -- V;-' ''''''A"': • '• ' . were forced to ,a referehdum by petitibri 'and we passed the dis-" ''z■ soiutlon by a-2 to j.'vpte with-30%. of' the eliglbie voters;yotlng. ' ' ' Our proposal dissolve^ all" districts whether paid'for; or.-not, defined' • ythe'boWdarleS''of" theznew.'benefit district,'as the.-boundarles'.of the Town of ■ ' ' Ithaca, establishedjone formula for',assessing benefit (we had lO'different ^ . •' formulas before), .lumped .all indebtedness-'together^, and assessed benefit to . . every prppefty'.that had benefit. .We.hp'w have 'a. Town of ,Itliaca Water ■- Improvement DistrlOt.andLa Town'of Ithaca SewersInproi>ement District. , TThere there ,is no,,henefit the assessmentris'l^cOnt ,per thousand of assess- .' ';e,d, value'for ;water "and'the 8^e;forv;VewQr. ' . ■ \ ' We used'the argument that Chose with: no "benefit wete paying;',a token of ^ l.cent per thousand and so became'a member,of the Town ,bf, Ithaca-Water and' ^ 5or-Sewer Club,-This-meant, that when.;,their turn for. water and or.'^sewer came., ithey would pay-the club prlcie'rather than whatever"their own special dis-/ 'trict benefit charge mighty lie.';.itv Is itha Inteutiou. of the Town, Board that .,a;Tesplutloii passed .to establish a new-,water' or sewer, district'Improvement: ."'will stipulate "^tliat the new Improyement'benefits,'the whole Toim'bf Ithaca'. /*Ji^ and ,therefore Che new Indebtedness-v>ili be lumped; In-with" .the old. Thus.we 'as':,a Town work together rather ;''chan as> 29. separate entitles J - 'v ',. ■ f. - , ^ ' ' '■ r''*■ 1 • -' I" k .* -I-. Since we have, 1000 units of, tax exempt property In our dissolved dis- -; MV;tricts we ^have kept "the benefit ,'chargiB and- this covers* bonded :ahd un-I /y bbncled indebtedness ,and capltol/improveraents,'The'fiepairs aad,>malntenance 'V\ costs will be raised by a curchafge on the water.and■sewer bills. We esti-.y '^mated 15%, surcharge on-;thek Vrater and 1% on the,sewer," ■ ' . . .f: '-W . -2- - . , - _ i Wg believe' £hat we ,can build^new.improvemants and by judicious handling .-of the funds available the- beheflt'charges wlil hot go'up.' We will use a combination of new growth producing" new units which cost the district nothing, decline In interest .indebtedness-as principal is paid off," plus the new-units from the-.neW/improv^ent to keep the benefit charge from increasing.-It,wllI^riequire.-somG.projections of future growth .hut I believe it can be-'done, _■{! I The population of' -,the ofi Ithaca-has .increased from 3^821 in 1940 to 15,620, in 1970- and our population has more.than doubled between 1950 and1970 -(7',i282 to 15,6265': We;We^ hs'a ^Town/lnve^.ted ^nearly $5;;000,000.00in water and sewer " imprbv^ents .'. ; r laws are'pkayp'bu enough. •Mr. .Sauen^aid-is not sure!',pur,-idea's',for new improvements are legalbut he thinks they are. It would 'b4 'tragic to do what we as, a Town have done, and then start forming addittona'l"''benefit districts In^the future. The' ideas behind the new laws are 'pkayp'but their scope in- the terras of the future is not broad enough.' Water and Sewer'extensions should be a.-.Towh function-so that all share the cost,- but how do you tax a man for water and sewer charges when he may not see either that- he.can use for 30 years of more? » ' . ^ ^ I '"'f ' The Tovm pf Ithaca has a land area of approximately 31 square-miles. While the eity of Ithaca is S.bS'/square miles., Ithllnk you can. see the- difference in the'^ scope of the problentT ' • The provision in ,the local finance law which stipulates that, you . can never make a-principal payaent more than 50% greater than the smallest one you ever made"needs, to be changed. A bond table to pay off a borrowing over 30 years is-set up.with the idea of having as nearly as possible over the .life of the issuera flat payment.scfeddifee. This ,1s'im- p.ossible under the ejxisting law" when principal and. interest are addedtogether. We need-moire flexibility: at\ the TOT-m level and maybe-;you are going to have to trust us more. '' . ■ ' . - I hope all this will be helpfull .to you. If you have further questions, please dp not hesitate,to ask'them. .Sincerely yours, Walter J. Schwan. Town of Ithaaa Supervisor . WJS/cls Robert F. Wagner Chairman Stephen Mey Robert C. Weaver Vice Chairmen STATE or NEW YORK TEMPORARY COMMISSION ON THE POWERS OF LOCAL GOVERNMENT 201 East 42nd Street New York, New York 10017 212 9864170 November 17, 1971 Honorable Walter J. Schwan I ; Town of Ithaca Supervisor >4^ v ' 108 East Green Street Ithaca, New York 14850 Dear Mr. Schwan; We have received your letter of November 12, 1971 and the materials enclosed with it. This information is extremely helpful since yours is the only town which we have found thus far which has utilized the provisions of Section 209-r of the Town Law, and the materials you provided outline quite comprehensively the fiscal and political aspects of the consolidation. We greatly appreciate the cooperation you have shown us, and may take advantage of your offer to be in touch with you again. One question which arises, has to do with the functional relation ship of the village of Cayuga Heights to the water and sewer system. I understand that the town's powers under the Section 209 apply only to the town territory lying outside of villages. This would appear to mandate either a separate water and sewer system for the village or some contractual relationship between the village and the town or city of Ithaca to provide for these services It would appear that you have done a most constructive job. Once the consolidation and abolition goes into affect, we would be interested in knowing of any efficiencies or savings in operating or administrative costs that result. Again, many thanks. Ginsb / If IT' ^J. IQ^ Tjf -ry e/j jr xrr^ pT' Ifjp^ 1/ yor-^^ C^'*—~i^ ^ > c,yy^ '^•"^xJ^^ ""^-^■T^irryjf-^ ■% vx ^ jL^njT^n ^ 'v^Vfify' 7?^ 7^ y^ 'TTf [/ ^ ^ ^ 0-*-^ ^TaTr~^ -y^msy -"-y^ ["^J. Jfl ''"'W^ T^ -^jL 73" -^/rr^■ (T-^ r->3) 3y^ 73^ /- „ 9" vc^fg? ~2^^*-^ '--'■^a-P^yva^V .-, , / yrjf^ --ffx ^i-fwrj •> /te'veKtP (P; <3-^ /lUJa^ X/-^X4ZX UJ^ jx^ ^ X C^LyOi-^— ^ ^ p A? -^7 La) 4~ - ^-^-Qjl^ ->^ XX- jX^y^uJAy ^ ??x I /Ivw A-/ €f>iLn^XLQ^ Ai2 Jxjk! ^ cu^ h-trM J^J^XA CU-JL^ ZZ^^ XAnr-^ / X XA^ ^2.-'■*^J^ Xo XZjL ^ Xo oLo4^ <s<rv»^>^,^r / /Tvw<J Q\^'^—» ^ 4^ y-T?^ ^ 7/ o>'^sy^ 7-^U^S yryr^ yrp^ </-o IV ^'' <r -^-fry^ y—</ ]/ ^ ryiy^-x^ Vl^' C^T^ ^V%0-/V->--py\/ V^-T-T^"^ y^ -y^y^^yi roT^f^y^ irir^ TV 'iy^-yvt-ey °kr v" --py . /T^ ITT^yy "75^ // -oo'-'-h^-zi*)^ •^7!!^^''''^ ^7^ wn ndUf -7/ .1 yLi tr-<- " yU^ ^ ^ — ozsj^ dir-- cla^y M^yuY \fAjLj y^ duy^M^ jS-e^ -^Jiy OJt, .;z5^ JjlWM^- r^ ^ r^ n '/V-k2-^ jr'^mf -rjf cjzJ' ^ 7^ ' ?f~'—^r-^ "^gr^ ^^7^ "* " ^ £ 5^ / 'S '-•y-tT-'~::^r?^ Ir-^IT^ 1^' ^n Iff^ "V^^ ^ ^ C ^ r-^^tO-v7'W--75^o^^ ~Kn 17 <t j>5>^ "7"^ ^'' ^ C ~''!y'^~''°~^ 1^ 7^OS c ' ^ fc 7^ d pw s ^ 17 TP^ ^ "7^ <i ^ V / 7 ^ ~~ TT^ PT^ (/ ^L 17 d 7 u/ s y^ -^iry/T^j PP77) p.^' Sf i'"^' •'' 'rv n •■ y 1& - r F r -1^ vXW ^ ■!, Z - ^ . Jl ✓'Vs-X-v—^V-^ Ul-tnjUL /AX r 72^ 7/w^ 11<«'^i^%ii'* //Zv-v^ &• ^ 'nr^ . 'V yj7?^ "'"^ y ^ ~2^pf ^ iir^ ir^ '^'li> / ''7^ [/ "yyy •wi 72^ WT StateiDent on F«ll*Slx Mile Creek Feaeiblllty Study November 17, 1971 Cayuga Lake Basin Regional Water Resources Planning Board On November 17, 1971, the Cayuga Lake Basin Regional Water Resources Planning Board reaffirmed its Intention to proceed with project planning and engineering fcaaibllity studies of reservoir projects on Fall and Six Mile Creeks in Tompkins, Cayuga and Cortland Counties. This reafflrmatlon came after a eomplete review of the progress of these studies and all additional Information pertinent to the proj ects beyond that previously considered. This Information Included recent statements of intent by political subdivisions of Tompkins County, some in harmony and others in disharmony, to develop an interim source, of water supply, the engin^,ering proposals associated therewith, and various new environmental and economic policies and trends which have become apparent since the Board's evaluations of this subject in 1968. The Cayuga Lake Basin Board continues to be concerned with proposals for water supply for the Ithaca area which would allow water of high chemical and sanitary quality to flow hundreds of feet vertically to an elevation at the surface of Cayuga Lake, followed by the addition of treated (certainly not untreated) wastes from 150 to 200 thousand people, and then the pumping of this same water vertically up to where it came. Such proposals cannot possibly make good environmental sense and have every indication of not making good economic sense either. Several serious engineering questions also accompany such proposals. For Instance, the power requirements^alone may ultimately require electrical capacity of 4000 kw, a quantity greater than the entire capacity of certain existing power plants in Central New York. Outside of Poughkeepsie, there are no cities known In New York State which subject their entire water supply to such a high pumping lift. The Board believes that the search to avoid such uneconomic proposals must continue and urges all coenunltlea and cltlsens to cooperate. # £ - 2 - Of Interesc has been the recent confirmation of firm foundations upon which to construct multipurpose dams on Six Mile Creek. Not only have formations been found upon which to construct economically outlet works and spillways, but a highly desir* able axis upon which a unique combination of concrete and earth structures can be placed has been located. The Board, which has conservatively estimated all costs to date, believes that many avenues are now open for optimistic cost figures. Also of continuing emphasis is the multipurpose features of certain reservoir sites. Needs for multiple services have been clearly documented by the Board and interesting potentials exist at several sites. Of particular interest are reservoir sites on Six Mile Creek, which offer excellent recreation potentials and the oppor tunity for "two story" (cold and warm water) fisheries. Progress Progress on reservoir feasibility studies includes the following: 1. Fifty percent completion on foundation borings and soil sampling. This work is being performed by field crews of the New York State Department of Trans portation. 2. Initiotion of engineering evaluation of foundation conditions. This work is being performed by a team of geologists and professional engineers representing the U. S. Army Corps of Engineers, Department of Transportation, Cornell University, and the New York State Department of Environmental Conservation. 3. Preparation of detailed planning cost estimates for several reservoir sites. This work has been carried out by the Dam Design Section of the Department of Environ mental Conservation with consultation from the Department of Transportation. 4. Hydrologic operation studies for reservoir systems on both Fall and Six Mile Creeks considering long range water supply demands and other water conservation services. - 3 - Retnolntng Program The Board has consistently endorsed the principle of bringing high levels of professional competence and imagination to bear on resource management and planning questions in the Cayuga Lake Basin. This principle has been favorably endorsed by New York State and has been reflected in annual budget requests. The unfortunate coincidence of severe financial problems has led to important delays in recruitment of this talent. This problem is now being overcome through requests for financial assistance under the Appalachia Act. Favorable responses to this request have been received up the line of approval and a final go ahead is anticipated momentarily. The scope of work which will be carried out with these funds will extend beyond reservoir feasibility plans to allow full development of a conservation plan for the watersheds themselves. Components of such a plan will Include land use and management, their interrelationships with water quality, and the preservation of natural and scenic values. This work will be closely tied to current research being carried out co* operatively with Cornell University. Cayuga Lake Basin Regional Water Resources Planning Board Resolution #12 November 17, 1971 WHiiiREAS, the Cayuga Lake Basin Regional Water Resources Planning Board was created through the Joint Initiative of New York State and the Counties of Tompklns, Cayuga and Seneca, and WHEREAS, the function of the Board Is to prepare a comprehensive plan for the pro tection, conservation, development and use of the waters of the Cayuga Lake Basin, and WHEREAS, protection of water quality Is a necessary foundation upon which such a plan must be built and Implemented, and WHEREAS, the protection and Improvement of the quality of Cayuga Lake Is fundamental to the social and economic well-being of the citizens of the Cayuga Lake Basin, and WHEREAS, the United States Congress has been Intimately concerned with national water quality management and water pollution control policies, and WHEREAS, as part of this concern on November 2, 1971 the United States Senate amended and enacted the Federal Water Pollution Control Act Amendments of 1971, and WHEREAS, among these amendments there was Included within Section 104 an amendment to Initiate and promote the development of effective tools for measuring the social costs and benefits of water quality management devices, and WHEREAS, there is a great need to apply such tools to the entire national water pollution control program and In particular to the Finger l^akes area of which the Cayuga Lake Basin Is part, and WllEREAS , this amendment resulted from the personal Interest of Senator James Buckley of New York State, as expressed In his coimnents on the floor of the United States Senate on November 2, 1971, NOW THEREFORE BE IT RESOLVED THAT the Cayuga Lake Basin Regional Water Resources Planning Board endorses the provisions contained within this particular amendment, and BE IT FURTHER RESOLVED that a letter of commendation be transmitted by the Chairman to Senator James Buckley for his alert recognition of a problem affecting the entire water quality management program In the United States and of particular concern to the citizens of the Cayuga Lake Basin and adjacent consounltJles. n (Pro« mlnutea of C*yug» Lake Basin Board) August 18, X971 Mr. Davenport then mentioned a recent news article in the Ithaca Journal in which the Mayor of Cayuga Heights was quoted as saying that the Cayuga Lake Basin Board opnosed the proposed expansion of the Cayuga Heights sewage treatment plant. Mr. Davenport said that it should be understood by the public that neither the Board nor its staff has taken a position on this sewage plant. He also mentioned that the news media was unreason- able to mix the personal Interests of individual Board members with the responsibilities of the Cayuga Lake Basin Board as a whole. Mr. Davenport quoted from the minutes of the Board's meeting on July 15, 1070, to further clarify the matter. B4r. Gates stated that he felt that the public had been badly misinformed on this subject and that it must be understood that the Board has no responsibilities in this matter. He could recall no Instance when the Board had even taken a stand on the Cayuga Heights sewage plant. Hovember 17, 1971 Mr. Davenport reported on the status of the Fall-Six Mile Creek feasibility study. He explained that the Department of Transportation, Corps of Engineers, Cornell University and the Department of Environmental Conservation are working as a team to complete foundation explorations and evaluations. He described cooperation received from the City of Ithaca in developing topo graphic information. ^ o y He reviewed the findings to date on each of the four sites originally proposed for study. These sites are Virgil and Como on Fall Creek and the Upper and Lower Bethel Grove sites on Six Mile Creek. He explained that the funds for a feasibility study had been deleted by the Legislature from the 1971-72 State budget and summarlssd the Board's action in requesting funds from the Appalachia Regional Commission. New York State's allocation for this type of work will be $100,000. However, applications for grants have been received which involve several times the funds available. The goals of current work are to complete Phases 1 and 2 of the study in the next several months and to placs Phase 3» the preparation of a project plan, under contract. Mr. Gates emphasized that this study will produce factual data needed to make an Intelligent decision concerning public water supplies in^^^^ Tompkins County and urged the Board and staff to use the best means possible to gain funding to complete the study. jnnMJDA ICU EAST GriEiiU STP.EET \TdACA, K2\»V YC.^ 243S0 November 19th, 1971 Mr. Vincent P. Hannan City of Ithaca Water & Sewer Division 510 First Street Ithaca, New York 14850 Dear Mr. Kannan: Now that the Town of Ithaca has dissolved its Water Districts, all operating and maintenance costs will be paid by a surcharge against the water bills. Starting with bills mailed after January 1st, 1972 we would like you to bill the Town of Ithaca for the total operating costs of the Cliff Street pump station for water pumped to the Town of Ithaca, on a calendar year basis, starting January 1st, 1972, rather than September to September. We have already received the bill for the water pumping charges through August 3Ist, 1971 and we would like a bill for the rest of the year 1971. In turn you will have to bill the hospital for their share for this perioa also, but after December 31st, 1971 we will pay the Cliff Street operating costs for the hospital. Sincerely yours. Walter J. Schwan Town of Ithaca Supervisor March 23, 1972 The Hon, Edward Conley, Mayor City of Ithaca City Hall 108 East Green Street Ithaca^ New York 14850 Dear Mayor Conley: Enclosed you will find a copy of a letter which I, as Supervisor of the Town of Ithaca, sent to Pat Hannan on November 19, 1971« The request was a simple one: change the fiscal year used to bill the Cliff Street Pump Station costs shared by the Town of Ithaca from August each year to a calendar year basis# The reason for the request is also simple. The Town of Ithaca dissolved its water and sewer districts by referendum on July 13, 1971• The dissolution became effective on January 1, 1972. As part of the dissolution, the Town Board directed that water and sewer repairs and maintenance would be collected as a surcharge on the water and sewer bills. A little background information is now necessary. The Cliff Street Pump Station supplies the Trumansburg Road Standpipe in the Town and I think the Hector Street Stand- pipe in the City. The Town's share of the water is metered and we are billed our proportionate share of the operating costs© Under the agreement between the Town, City and County prior to dissolution the Tompkins County Hospital was billed directly by the City. The Town was billed for the balance of the Trumansburg Road Water District's costs, including the Odd Fellows' share based on metered consumption. Now that dissolution is a fact of law the Town will pay all costs of the Trumansburg Water District, including the Tonkins County Hospital's share. The Tompkins County Hospital will pay their share by a surcharge on their water bill. The State law the Town of Ithaca used is section 209*3? of Town Law. It stipulates that all the assets of all the W%- ^ n 2 - dissolved districts become the property of the Town of Ithaca. The law further stipulates that repairs and maintenance costs become a total Town charge or else must be collected as part of the water use-charge. The Town ^ard-selected the latter method. • ^' It is now March 23* 1972 and the Town of Ithaca has not received a bill for ,the Town's share of the Cliff Street Pump Station operation expense to the end of 1971•. I would like to inquire if Pat Hannan has complied with our request? If he has not, then the Ithaca Town Board would like to be advised why he has not. Inasmuch as we have never had any correspondence from Pat Hannan relative to our request. Sincerely yours. Walter J. Schwan WJS/elb cc: R. 0. Dingman V« P. Hannan T®WW STiHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 May 4th, 1972 Mr» Vincent P. Hannan City of Ithaca Water & Sewer Division 510 First Street' Ithaca, New York Dear Mr, Hannan: Persuant to the B.P.W.'s resolution of April 26th, 1972 the Town of Ithaca is submitting the following list of water tap requests. The list includes the taps for the Village of Cayuga Heights that are presently pending. The Town of Dryden will submit their own list which will be included in the total number of water taps. The total number agreed on at this time is 20. Sincerely yours. Walter J. Schwa'n Town of Ithaca Supervisor cc: Mr. Edward Conley' 108 E. Green Street Ithaca, New York 14850 V>1- WJS/cls June 33 1972 Board of Public Works City Hall City of Ithaca, N. Y# Gentlemen: Enclosed is the map of the proposed water main extension for Eastern Heights, Inc. on Eastern Heights Drive and Circle Lane, said extension to be made with the water being extended to both'sides of the road right of way at the time the main extension is made. The Ithaca Town Board has approved this and we ' 1 ^ \ ^ ' submit it for your eonslderatlon. Yours very truly. Walter J. Schwan Supervisor WJS/elb 103 EAST GI^EEN Str^ET ITHACA, N2V/ YORK 14850 June 6th, 1972 Mr. Cirona Ithaca Savings and Loan Association Tioga and Buffalo Streets Ithaca, New York 14850 Dear Mr. Cirona: There are no restrictions on water or sewer service to the nine lots in the Russell Heights Sub-division. Water taps are available as part of the 400 units allocated by Common Council. It would appear that there are sufficient units for this year and next year. The year 1974 will be taken care of by water from Bolton Point. The lower portion fo the land may be subdivided at any time and water units are also available for a reasonable number of lots, say 10, both this year and next year. There is no problem with sewer for this area were it to be subdivided. Sincerely yours. Walter J. Schwan Town of Ithaca Supervisor WJS/cls NICIR Telex No. 932428 THE NATIONAL CASH REGISTER COMPANY • dayton. ohio DATA MOCESSING n ACCOUNTING MACHINES • CASH gEOISTE«S • ADDING MACHINES • SERVICE • SUPniES ADDING MACHINE DIVISION. ITHACA, NEW YORK 14850 950 DANBY ROAD PHONE 607-273-5310 Coble: NACARECO PERSONAL June 21, 1972 Mr. Walter Schwan, Supervisor Town of Ithaca 108 East Green Street Ithaca, New York 14850 Dear Mr. Schwan; In accordance with our telephone conversation of June 21, 1972, I am enclosing copies of correspondence between the National Cash Register Company, Mr. R. G. Fowler, plant manager (at that time) and Mr. G. A. Blean, City Clerk of City of Ithaca concerning the NCR sewer. We trust that these letters will be of assistance to you in making a decision for the sewer tax for NCR Company. Yours very truly, ELH:ja Enc: 2 E. L. Hollister, Plant Manager f\UG 3 oppiea OP car eLEmc-coMpTROLLeR CITY OF ITHACA TOMPKINS COUNTY NEW YDRK August 2, 1956 m :-v The Nati.onal Cash R^jgister Co. Ithaca, K.Y. Attention; RS', Fowler, Mgr. Dear Sir: You are hereby sdvi-sed that at a regular meeting of the Board of Public '-forks hel'-^ July 31st, action was taken to approve plans submi-^.ted by the N.C.P. Co. and the Supt. authorized to do the construction x-dth departmental, forces at the expense of the National Cr>sh Register Co. ^7 V^ery' truly^^rs yr Ceo. A. BTean " City Clerk t-7 GA3:s July 3i , IPS6 ' •'?vT .-- • -• ,r -yiri^ ' '' £&■'-1-^ Board of Public Worka, Ithaca, N. Y. Gentlemen* Some time ago the Board of Public V^'orks Indi cated its approval of extending sewer service to our new factory on the Danby xoed. Submitted herewith are engineering plans for this sewer line. We request Board approval of these plans at the earl iest convenience* Ve also request that the City of Ithaca under take the construction of this sewer l ine on the basis that we furnish the material* Your coop eration in this matter wi l l be greatly appreciated, Yours very truly. PGF:II R. G, Fowler, Factory Manager* -• ..'•v.iJi'' '.SJ, VINCENT P. HANNAN ASST. SUPT. OP PUBLIC WORKS OFPICK OP WATER AND SEWER DIVISION 8IO FIRST STREET ITHACA, N. Y. fK.>- s>¥ CITY OF ITHACA NEW YORK 14850 Telephone 272-1713 Area Code 607 ^^OClT Ai iToUTH \ OJcxytir t, A. a ^ --'ri V 1 u (j j » . . » V -Ya c, \ ct^W, V\« uoVk «- '•>"« VJ, V.,e W ou. «a A. T..^ v>.i , OU>W- CC,' r<^ \(.U ^xA^j*ct<4 !&;• 166 Rldgecrest Road Ithaca, New York 14850 June 30, 1972 Mr. Walter Schwan, Supervisor Town Board, Town of Ithaca 108 East Green Street Ithaca, New York 14850 Dear Sirs: I would like to answer Mr. Vincent P, Hannan*s letter of 6/27/72 to you concerning the Rldgecrest Road water tank. A few years ago I gave an easement to the Town of Ithaca for water and sewer lines, only, to run from Rldgecrest Road to the water tank located on other property adjoining mine. The easement calls for the right of way to be re turned to original condition after construction. This was completed, and we have maintained this as lawn area since that time. The situation that occured two weeks ago was a repairman drove his truck out to the tank to repair a problem that apparently arose, after heavy rains. The truck that he drove was not a City of Ithaca truck, but a pick up truck with a csunper on the body. When my wife informed him that he was not supposed to drive in that area, he became very sarcastic and said the city owned that property, which is not true. Mr. Hannan stated that they have maintained this area with mowing and trimming, but the area that the city mows is the area immediately around the tank. I might add that this is always done with care and consideration for our property, so that heavy equipment does not cause ruts in the right of way. To further clarify the maintenance, we asked the people who mow the area around the tank not to mow the right of way because they mow at different times than we mow our lawn and to keep my lawns in continuity, I prefer to do it myself. We do not have objections to equipment being driven to the tank for emergencies or painting, but I do feel some common sense and consideration should be given to MY property that I pay taxes on. I would also suggest that Mr. Hannan*s employees be notified of this as we do not like the role of guardian. It also seems that perhaps this is an isolated case as we have not had this problem before, and perhaps this man was ill and could not walk the 250 feet. Please understand, we wish to cooperate with the Town and City in regard to the right of way; but, if I allowed a road way, we would not be able to stop curiosity seekers and Mr. Walter Schwan - 2 -June 30, 1972 children from visiting the tank. Because this area appears as my lawn, we do not have this problem. I appreciate Mr. Hannan's concern, but I do not believe he had been given all of the information and was not aware of the easement conditions. Sincerely, Prank J. riowell 166 Ridgecrest Road FJH:lc cc; Mr. Vincent P. Hannan 0^ -|flgTrjfr4s 1 s- i .. -# CITY OF ITHACA TOMPKINS COUNTY ITHACA, NEW YORK 14BBG OPFICK OF CITY CLERK ik TELEPHONE: 272-1713 CODE 607 July 13, 1972 Mr. Walter Schwan, Supervisor Town of Ithaca, 108 E. Green St, Ithaca, N. Y. IU85O Dear Walter: Your attention is directed to the following resolution of the Board of Public Works, dated June 28th, 1972, regarding the Board's policy for extending water services outside the City: "RESOLVED, that the Town of Ithaca be requested to prepare a specific pro posal for altering the existing policy of the Board of Public Works which requires that water be extended only in those areas which are served by public sewers, AND BE IT FURTHER RESOLVED, that the City Attorney be requested to advise the Board whether the Town's action in foiming a single water district has any effect on the existing contracts between the Town and the City which provide for water and sewer services to specific areas of the Town." Very truly yours. I. Blean City Clerk GAB/mh August 2, 1972 Mr. Vincent P. Hannan Assistant Superintendent of Public Works City fif Ithaca 108 East Green Street Ithaca, New York 14850 Dear Mr, Hannan: The Town of Ithaca has a 20-foot permanent right-of- way across Mr. Hov/elTs land along the South boundary of his property. This right-of-way is for the water line and ingress to the tank site also. Mr. Howell's letter indicates that he wants some consideration given to the hardness of the ground before vehicles are driven out to the Tank site. Since the Town agreed in the easement document to return his land to its original condition after the pipe v/as installed:, it looks as though his request will have to be followed. Othem/ise we viill have to repair and reseed his lawn every time v/e drive in when the ground is wet. I hope this clarifies the situation. Sincerely.yours Walter J. Schwan Town Supervisor WJS/nf //U/. ^ CU^<^ .-^«<Ui<- <t<^ «. ^-e^;^.yOot^Cy^ >fC-a-y9Ly' ;6 ^ /M.^^ X^-TKt^^ a^Ket Mut^ yUi^f/i kJLyU^ ^ aCU^ X4/L4yK^ AjMja. y</^ (It Ja^^uaam^ ^ ^ sj^ ^ ^ ^^5" ^CtAyLc^ /^. ^djUAAJUu yOA^ZcrKy :Zc<yUKA^ ^ ^ A^ .ydt^ ^ '^''UaA/MjL^rTUyfJiQ. -MiA,/- ^ &A^tArLC<LU.c-^ Ac*^ ^f^MJL ^ dCot-^ y<yHy /KA/y^^ y^^'^<'A,(x^^-tl, ^O!-/ ^UAyTiAt )l^ t.tyiLAlCeyt>ii,4^ . -rKc<yt4 ->7C4yu ^ff(Ay ^ ^(uituo X^ ^y*- yd^jytc^ yCKy<lXoi/jO£ ^ X^AycoCAC tClau, iuuyjo. /a4? ^ ^(Uu ^'■:<y<iZ^iHU fU a. <U^ o^^sd. ^ /^J^/^^C(M( -4? AUy^rUlMAU/^ ^ A^TKAMy^yXuAUXdM yi/X^4A (Sa^A '^'^AMAUy XXyC^ytfiyfU'lUyi/iXTO ^"-A^ OyfUylZt/X ^ ^ y6/ju <HAyftX4U MAyfycXyfjUyfXAAA ^'Uu lU-ILyiudZeZy y^ XXla jdM4Aj(yi, ■t'MXXAyUX' X/a^ ^yt^^iZtyfTi, Xd/c- yU^^UUyUL ^ytt^bAcMU/Ul ^-^UCA, (UZtAty^^ c Fa m i l y . . . de s i g n Co n t r i b u t e d by Bh a g w a n Ka p o o r of In d i a to be n e f i t un i c e f , th e Ui t i t e d Na t i o n s Ch i l d r e n ' s Fu n d . ^ La Fa m i l l e . . . Bh a g w a n Ka p o o r (I n d e ) — of f e r t pa r I' a r t i s t e au Fo n d s de s Na t i o n s Un i e s po u r I' e n f a n c e . 'i f La fa m i l i a . . . ob r a de Bh a g w a n Ka p o o r , de la In d i a . Co n t r i b u c i d n al OH i c e f , el Fo n d o de la s Na c i o n e s Un i d a s pa r a la In f a n c i a . ■i r Ce u b H , . . pe c y H O K Bx a r s a a a Ka n y p a . Hh a h h , b na p lO H H C E ^ , i^ e r c K O M y <] > o H A y Op r a H H s a u K K OO - b e A H H e H B b i x Ha A H f l . if mm . . . EP « E i 8 • ri l N T B D IN U. S . A . f BABE SHULMAN'S DIVISION OF SHULMAN'S INC. P. O. BOX 727 ITHACA, N. Y. 1 4850 July 17, 1974 Mr. Walter Schwan % Town of Ithaca 108 W, Green St, Ithaca, N,Y. Dear Walt: I-have permission from the following land owners, on the Mecklenberg road to ask you to have an engineering study of-the feasiblity to extend water and sewer up Mecklenburg Road, to take in the properties bwnwd by the following land owners. I have permission from the land owners, to ahk for this study. This-group holds in excess of 700 S.cres, for development. Cecil B, Shulman Harold Wallace A, Cerracche George Ideman A1 Eddy ' ' ' . Ralph Carpenter - : ", . Please advise, also, if in any way we can be of help. Yours v^ry (yfl^O G, B, Shulman Sr go % i; OPFICK OP CITY ATTORNEY CITY OF ITHACA TOMPKINS COUNTY ITHAOA, NEW YORK lABSO TELEPHONE; 272-1713 CODE e07 July 29, 1974 Mr. Walter Schwan Supervisor, Town of Ithaca 108 East Green Street Ithaca, New York 14850 Dear Mr. Schwan: Re: Tap Permits to Ithaca City Water System This letter is being written to you at the direction of the Board of Public Works. It is the City's stated policy that it will not supply water nor permit taps into the city water system unless the particular property requesting the tap permit is also serviced by the sewer system. This policy has been in effect for many years and will be rigidly adhered to in the future. Recently a young couple who reside in the Town of Ithaca,approached the Board with a request for a tap permit after being denied permission to tap into the water system by our Water Department pursuant to the above stated policy. Aparently they filled out an application provided to them by the Town of Ithaca who did not advise them of the above stated policy. They took the application to our City Chamberlain's office which routinely issued the permit. After spending large sums of money and after preparing to tap into the line, actual permission was denied. The Board of Public Works acted with great compassion and understanding in permitting this one exception to the policy. However, the policy will not be set aside in the future. Since the Town of Ithaca did not advise these people at the beginning, it is clear the City will have to do this administratively. Thus, no future tap permits to the City water system will be granted by the City until and unless the specific property is also served by the sewer system. Very truly yours, Martin A. Shapiro Attorney for City of Ithaca MAS:cp cc: Messrs. Wright, Harmon, Dingman and Mayor Conley and the BPW September 3, 1974 To: Walter Schwann From: Noel Desch Subject: Water and Sewer Extension Policy, Town of Ithaca Several months ago when we were considering a series of water and sewer extensions we were criticized for not having a formal policy. In a way this was true although we had rather thoroughly tested the situation. The more recent issue of extensions to major property holders of undeveloped land on West Hill prompts me to put down my thoughts. Again, there also is a relation ship to our contract conflict with the City of Ithaca vis-a-vis no water without sewer and vice versa. We can assume that if there is to be any major growth in Tompkins County a major segment of it will occur in the Town of Ithaca. We all know the reasons why -- I won't re-state them. The Town government will be under continued pressure to permit the growth to occur. I firmly believe we must not prevent growth but we must assure the community that our policies are consistent and well directed. Several basic questions come to mind in formulating such a policy: 1. What qualifications must be met before the Town is willing to finance and/or otherwise approve the extension of water and sewer improvement? 2. If several improvements qualify but only part can be funded, what elements should be considered in establishing the priorities? 3. What will the new Health Department regulations do in terms of curtailing growth in non-sewered areas? 4. Should further sewer connections be held in abeyance until the treatment facilities are updated? Qua1ifications - There are a great many localized conditions which suggest a separate consideration of water and sewer. Water - Generally water will be less expensive to extend than sewer, particularly when one considers the upcoming increased benefit charge involved with new waste water treatment facilities. On the other hand, the $23.00 benefit charge will accumulate a surplus slower than the $50.00 sewer charge. 1. There must be at least R-30 density already developed for the area to be watered. 2. In undeveloped, un-watered areas the property owners may hire a consultant to evaluate the economic and engineering feasibility of extending water from existing facilities. Generally, the Town will not fund these improvements until the open land now watered has been developed -- unless the work can be accomplished without increasing the benefit charge burden on the taxpayer above the $23.00 limit. -2- 3. In developed but un-watered areas the property owners shall decide as a group whether water Is to be extended. The Town is not obligated to make such an extension if the benefit rate is increased as a result unless a referendum over the whole Town approves such an increase. Sewer - The currently approved sewering of Forest Home,part of Slaterville Road, and part of Elm Street, will eliminate virtually all of the potential community health hazard areas (except the lake frontage). 1. There must be at least an R-30 density already developed for the area to be sewered. An isolated, failed septic system does not in itself justify sewering even though a health hazard is obvious. The Town may need to lend its weight to the Health Department to eliminate these isolated cases. 2. In undeveloped unsewered areas the property owners may hire a consultant to evaluate the economic and engineering feasibility of extending sewer from existing facilities. Generally, the Town will not fund these improvements until the open land now sewered has been developed -- unless the work can be accomplished without increasing the benefit charge burden on the taxpayer above the $50.00 limit. 3. Generally, further sewer extensions should be held in abeyance until the unit debt load on the Town for treatment facilities is known. The foregoing is not intended to discourage the connection of laterals to existing pipe, where the person requesting the connection has been paying a benefit charge. 4. The Town engineer should immediately make an inventory of those property owners who have yet to connect to the sewer within those areas where a grace period was authorized at the time the original districts were formed; i.e., NE, and Slaterville Road. Appropriate notices should be sent to the property owners where connections are required within the next two years. 5. The Town may have to mandate the extension of sewer should a health hazard to a large segment of the Town exist. In summarizing, there is one major thrust I would emphasize. We have in the Town of Ithaca a major undeveloped but watered and sewered areas which will continue to generate major debt but not generate proportionate income for many years to come, particularly with Beacon Hills being held up. In my judgment we cannot afford to create another such area. The risks are too great. Not only would we potentially dilute the growth of South Hill but also use up a remaining margin with the present benefit range which may be needed in areas with critical problems. Future Extensions - Once the treatment facilities have been upgraded (or at least under construction) we should authorize the study of sewering the lake front properties within the Town and preferably the County. Perhaps this can be done concurrently by the County Sewer Agency. This will be particularly critical as Lansing develops due to tributaries such as Salmon Creek, Twin Glens, etc. — for Bolton Point will be on line ahead of any sewer construction. In my view this problem should be resolved before further extensions are made in the Town of Ithaca. In closing I would simply state that these are my views and I hope they will stimulate discussion and the eventual statement of official policy. -•^v, ' •*' 't'' '.k''^'■• V.-A'''1^-.Fn *^1 A. ^ ^ •^-'i? ' V. ^ ■^^■'''^3> *''■ Mr. Clair Whiting 915 E. Shore Drive Ithaca, New York 14850 TOWN OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 September ISth, 1972 'm 'I Dear Mr. Whiting: I am writing this letter In answer to your question concerning the extension of the sewer on your road. Sewer for East Shore Drive would have to be pumped to an Interseptor main which will be built as part of the Village of Cayuga Heights sewer treatment plant, The main, roughly follows the old railroad tracks above East Shore Drive* When the main Is In place It then becomes possible to sewer areas of East Shore Drive. And then pump sewage up hill to the main It will flow into the plant. A guess as to how soon is at least two years ofymore. t, ■ -Sincerely yours. S''■ ■ » < « - •••'■ ,-f-v.. "y.: A'AMA f Walter J. Schwan Town of Ithaca Supervisor : V. J- •■■ «,.-•• - 3 ■■-.■■= -Qf- '■ ■ .w."- 'Tji •• , . ..■ WJS/cls '•.s ^ .1 "pC'^ A'Al-j ■♦' 'W'*Af.-SvW ^ November 8, 1974 Mr, A, L, Johnson 611 Coddington Road Ithaca, New York 14850 Dear Mr. Johnsons According to the Board of Public Works Water and Sewer Committee water was made available to Mr. Carey who lives at the corner of Troy and Coddington Roads because he had sewer available. He would have had to pump uphill across Troy. Road to get sewer service. Based on that I believe that you could also get water when you need it. You could also pump uphill across Coddington Road to get sewer service when the new sewer line is installed. The sewer project is in the design stage and we hope to bid the project next spring, .That means the sewer- system-will .'be completfsd sometime in 1976. The Bblton Point Water System will be completed in 1976 which will".void the City' s requirement of no water without seWer, I trust.this answers your question. Yours"truly Walter J, Schwan Supervisor WJS/nf L. JOHNSON 611 CODDINGTON ROAD ITHACA. NEW YORK 14850 Dear Mr. Schvan: October I4, 1974 I have tried several tiises to get in touch with you, leaving word each tii&e; and discussed the water problem with Mrs. Holcomb and your engineer. Don't you thizik it is entirely inequitable that we should have to pay an aasesement of well over a dollar a day for water we could not hook up to even if we wanted to? I. Johnson ii.^ RATE INSIDE CITY Minimum Charge per quarter /no (U^ Sire Meter Cu. Ft. Allowed JTorer Sewer Total Charges &nall 1,200 1 5.16 $ 5.04 1 1030 r 3,200 12.36 12.24 24.60 1V4"5,500 20.64 20.52 41.16 2 •11,200 39.96 39.48 79.44 3 '16,000 52.44 5032 102.96 4 '24,100 73S0 69.15 142.65 6 '42,100 12030 11035 23035 First 1,200 cu. ft. per 100 cu. ft ,43 .42 Next 8,800 cu. ft.per 100 cu. ft.36 36 Next 90,000 cu. ft.per 100 cu. ft 36 33 First 20 million cu. ft. per 100 cu. ft J8 .17 Second 20 million cu. ft per 100 cu. ft .18 .12 Third 20 million cu. ft. per 100 cu. ft .18 .06 Over 60 million cu. ft per 100 cu. ft .18 .042 II. RATE OUTSIDE CITY Minimum Charge per quarter Sixe Meter Cu. Ft. Allowed Voter Seieer Total Charges Small 1300 $ 7,80 S 730 $ 15.00 1 •3,200 18.60 15.80 34.40 1V4'5300 31.02 25.69 56.71 2 '11300 60.12 49.12 10934 3 •16.000 7932 65.44 144.76 4 •24,100 111.72 92.98 204.70 6 '42,100 183.72 154.18 337.90 First 1300 cu. ft.per 100 cu. ft.35 .60 Next 8,800 cu. ft.per 100 cu. ft.34 .43 Next 90.000 cu. ft. per 100 cu. ft..40 34 First 20 million cu. ft per 100 cu. ft 38 35 Second 20 million cu. ft per 100 cu. ft 38 .18 Third 20 million cu. ft. per 100 cu. ft..28 .090 Over 60 million cu. ft per 100 cu. ft.38 3630 III. UNMETERED WATER FOR CIRCUSES AND CARNIVALS (Suitable connections to hydrants shall be made by the Water and Sewer Division). Carnivals $24.00/day or fraction thereof. Circuses S36.00/day or fraction thereof. IV. BULK WATER FOR FILLING SPRAY RIGS, TANK TRUCKS, ETC. Is available at the Water Building, SIO First Street, at (2.00 per load, cash on delivery. TOMPKINS COUNTY DEPARTMENT OF PLANNING Frank R. Liguorl PE Commissioner of Planning May 9, 1975 RECEIVED MAY 12 1975 Mr. Walter Schwan, Supervisor Town of Ithaca TOWN OF ITHACA Seneca Street Ithaca, New York 14850 Dear Walt: I recently attended a meeting at the Health Department, called at the request of Hans VanLeer, Director of Production, Babcock Poultry Farms, in relation to a growing demand for, and a scarcity of, ground water to serve the Babcock complexes. Mr, VanLeer indicated that there is a critical need for water at the main plant, hatcheries and fanns located on Rt. 96. Appar ently water wells in that vicinity do not seem to be providing sufficient water to meet anticipated demands. One of the matters which we discussed was the extension of water from the City system. Pivital to this possi bility, is the extension of water mains along Rt. 96 to the town line within the Town of Ithaca. Would you mind giving me your Judgement as to the possibility of exten sion of water along Rt. 96 in the Town? My last re collection was that there was not much interest by the people in that area. I would appreciate any comments which you might have. Sincerely, Frank R, Liguori Commissioner of Planning FRL:ys cc: Dr. Kathleen Gaffney 128 East Buffalo Street, Ithaca, NewVbrk, 14850 * * * Telephone 607-273-2080 Extension 28, 29 RECEIVED DEC 19 1975 TOWN OF ITHACA December 18, 1975 Re: 305 Salem Drive Mr. Walter J. Schwan, Supervisor Town of Ithaca 126 East Seneca Street Ithaca, New York 14850 Dear Mr. Schwan: The following confirms our telephone conversations of Sunday, December 14th and Monday, December 15th. 1. On Friday, December 12,* 1975 I had a sewer line in stalled at my'house on 305 Salem Drive. The work was started, completed, and inspected December 12, 1975. 2. Saturday afternoon, December 13, 1975, the sewer backed up into the house, thus rendering the system inoperative. 3. Sunday morning, December 14, 1975, Finger Lakes Construction Company and A. J. Eckert Co., Inc. sent men and equipment to determine the source of trouble and repair same. After finding no. blockage in the newly installed line, we excavated at the point where the new line was connected to the-Town of Ithaca lateral. A snake was run into the lateral', and the lateral was found to be blocked beneath Salem Drive. I then contacted Mr. Walter Schwan, and was authorized to excavate in the road and make the necessary repairs, and to bill the Town of Ithaca for the work. 4. Monday morning, December 15, 1975 we proceeded to ex cavate in the road. The laterals was found to be plugged with concrete at the point where It connected with the main sewer line. I called Mr. Walter Schwan and advised what we had found. A saddle fitting was installed at the sewer main, and the lateral reinstalled. 5. Tuesday, December 16, 1975 we completed backfilling the road. It is now ready for pavement patching by the Town of Ithaca, -2- Mr. Walter 0. Schwan December 18, 1975 Re: 305 Salem Drive 6. As soon as I.receive the Invoices from my contractors for the above work, I will forward them to the Town of Ithaca for payment as agreed". Thank you for your cooperation. Very truly yours, Barry J. Long 197 Tareytowri Drive Ithaca, New York 14850 BJL:eh CEHTIFlHn mail OFFICE OF CITY CLERK CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 1 AESO April 15, 1976 TELEPHONE; 272-1713 CODE 607 Town of Ithaca Supervisor, Mr. Walter Schwan 126 E, Seneca Street Ithaca, New York 148S0 Dear Mr. Schwan: Please be advised that T have been directed by the Board of Public Works at their n:eeting April 14, 1976, to notify you that the City intends to discontinue water service to your jurisdiction under the existing contract within ninetv C90J days from tiie date of this notice. (Copy of Resolution attached). Very truly yours, .y/epK A. Bundle Ciyty Clerk City of Ithaca, New York JARrbr att. cc: Mr.R. 0. Dingman Supt. of Public Works Of RESOLUTION: By Commissioner Shaw: seconded by Commissioner Baldini RESOLVED, That the City Clerk be directed to notify the Towns of Ithaca, Dryden and Lansing, and the Villages of Lansing and Cayuga Heights that the city intends to dis continue water service to their jurisdictions under existing contracts within 90 days from the date of notice XT IS FURTHER RESOLVED, That the Water § Sewer Committee be authorized to enter into negotiations with the Town of Ithaca for a new contract providing for water service to that portion of the Town of Ithaca lying westerly of Cayuga Inlet. Carried Unanimously 19;s Of n'ATE OF NEW YORK COUNTY OF TOMPKINS SS: CITY OF ITHACA Joseph A. Ithaca. New York do hereby certify that the foregoing resolution of s.ia City of Ithaca at a a„d that die same is a complete copy of die ^hole of such resolution. April , /o , IN WITNESS WHEREOF. 1 have hereunto set my and the Corporate seal of the Qty of York, this 15th dayof April • ity aetk of the City of Ithaca VINCENT P. HANNAN AS»T. SUAT. or rUBLtC WOAKB orricc or W*TC* AMD srwCM OIVIBION n to riAST STNCCT n TMACA. N. V. Oo V CITY OF ITHACA NEW YORK lABSO RECEiVED APR 27 TOWH of ITHACA TeLEPMONr 272.1713 Area Code 607 hiAY 1 MAY 1 m 1 CJTY TO STOP PUPNJSHIHG WBf WATER METERS EXCEPT WITWTW THE CITY AMP WITHIW PISTRICTS PROPOSEV TO BE FURWISKEP WITH CITY WATER EFFECTIVE MAY 1, 1976 In accofidance. uilth the. ApuX 1A, 1976 cUAective the Bocutd Pubtcc WoAlu, any uxiteA &eAvlee otheA than uxUkin the City, We&t HM, Coy Glen, Battenmltk, and TAirnian^bo/t^ Pood WateA Vl&tAletJi uxitt not be iuAnl&h- ed a City WateA Meten., TfhU doeA not mean that uxiteA AeAolce uxUl be Aeiiued, Jt meariA that the plumbeA uxitt ln6talt a 6tAalght thAoagh connection on a meten ^annlahed by otheA than the City - u)hlcheveA the Town on WateA Vlsttnlct wl&heA to ne- qulne, C Ity waten will be £uAnl&hed on an estimated tue choAge up to the day oi change oven to the new 6eAvlce juAl^dlctlon. Jt l& suggested that a new ciutomen be handled exactly a6 they one now ^on eveny pant oi kU /icnvlce. PeqaeAt ion iiZAvlce thnough the wateA dUtnlct, owncAA cand and nequeAt thnough City Chambenlaln, plumbing penmlt and In&pectlon by the City, tap In the main by the City - the tingle exception It that eithen a meten on a ttnalght thnough connection will be (unnl&hed by othen than the City. ^1% JUL 23 1976 received ^5^,. -town of. ITHACA o^ric« •• ROBERT O. OINGMAN surr. or ruBuc vorks CITY OF ITHACA CITY HAUL NEW YORK 1ABSO DEPARTMENT OF PUBLIC WORKS MEMORANDUM I J To: John Ewanickl Jack Shaw Gerry Schickel Walter Schwan Noel Deach V. Pat Hannan U From: Robert 0. Dingman Date: July 21, 1976 Attached please find 1) Elements of Proposed Agreement Between IWC and BPW Regarding Discontinuance of City Water Service Outside the City 2) Elements of an Agreement for Plumbing Inspector 3) Elements of Proposed Contract Between the City and Town for Water Service in Certain Areas of the Town of Ithaca These three items are an attempt to put down All of the items that have been discussed by the negotiating committee. Please review them and note your comments. The next step should be a meeting of the persons receiving this memo to iron out any differences that any of us turn up. When our negotiating group has reached agreement, these three documents should be submitted to our representative boards (commissions) for agreement in principle. They should then be turned over to the attorneys for the development of formal agreements between the proper parties. They should then come back to the commission and the board for formal author^ ization of signatures. It would be well if all of this could be accom plished by the second week of August. ELEMENTS OF PROPOSED AGREEMENT BETWEEN IWC AND BPW REGARDING DISCONTINUANCE OF CITY WATER SERVICE OUTSIDE OF CITY July 21, 1976 City Metera All city-owned water meters Installed outside of the city at sites to be served by IWC will be conveyed by the city to IWC for a total price of $120,000. This Includes the meters In the Buttermilk Falls District and in the Town of Ithaca west of Cayuga Inlet and Cayuga Lake. Also Included in the price of the meters Is: 1) All city records In the Chamberlain's office and on the computer system with respect to the city water meters so conveyed. 2) All city meter records pertaining to the above meters. 3) All city records relative to the location of water service to properties outside the city to be served by IWC. 4) All city data with respect to valves, mains and other water system related features In areas outside the city to be served by IWC. Change-over Procedures A cut-off date for service of city water will be established in not more than two steps. The city will make one complete cycle of meter readings after the cut-off date In order to establish data for projection of water use since the previous meter reading. The city will bill and collect for water use up to the date of cut—over. Plumbing Inspections will continue until the day of cut-over. Subsequent to the day of cut-over, plumbing Inspections will continue for the purpose of sewer Inspection In areas where the city continues to give sewer service. IWC will continue to furnish data to the city as necessary for -2- sever billing. The cut-off date established above is the last day on which the city will furnish any water ralated services to the towns, and village, under previously existing contracts. Mains and Technical Procedures IWC will close a valve in Lake Street so that the water main existing in Rosemary Lane and connecting into the city on Lake Street can be isolated from the IWC system and remain a portion of the city system. The water main in Cayuga Street shall be isolated from the IWC system in such a way that the Community Service Building continues to receive water service from the City of Ithaca. The town will not assess benefit charges against the Community Service Building property. Wherever IWC mains are to be isolated from exiting city mains, IWC will % install a valve. Where necessary, IWC will also install a hydrant to be owned and operated by IWC to serve as a blowoff. The city anticipates no need for blovoffs in the dead ends that will be created by the isolation. Responsibility for hydrants begins at *'T" on the main. Interchange of Service City residents on Lake Street north of Cayuga Street will be served by water from IWC mains. City residents on Coddington Road will be served by water from IWC mains. Town residents on Lake Street between the north city line and Rosemary Lane will be served by water from city mains. Town residents on Maple Avenue will be served by water from city mains. Town residents on a portion of Pearsall Place will be served by water from city mains. The city recognizes IWC ownership of a 12" main in Pearsall Place. IWC may, at its option, valve off this main from the city system and use it to serve to%m residents on Pearsall Places City, residents served with IWC water will be billed by the city and the city will be responsible for their service from the corporation-cock at the IWC main. IWC customers served with city water will be billed by IWC, and IWC will be -3- responsible for their service from the corporation-cock on the city main. The city and IWC vill pay each other for the water used on the basis of the average of their bulk rates, plus a service charge of $3.00 per dwelling unit. This section shall not apply to city water used by Town of Ithaca- residents on the Buttermilk Falls area or in any area west of Inlet Creek and Cayuga Lake. Service to these latter areas will be covered by a separate contract between the City of Ithaca and the Town of Ithaca. There will be no hydrant charges. Sheldon Road Tank The city will convey to the IWC all of its right, title and interest in the Sheldon Road water tank for $5,000. Coddington Road Water District The city will pay the'Town of Ithaca an amount of money equal to this year's assessment, multiplied by ten years (approximately $28,500) to buy out of its responsibility for the capital costs of the Coddington Road Water District. The city will have no further liability for further payments to the town with respect ot water service in the former Coddington Road District, except as provided under "Interchange of Service". The operating costs of the Coddington Road Water District will be deemed to have been included in the $3.00 per dwelling unit charge referred to above. It is agreed that the city retains the option of building a separate main to serve its Coddington Road area. Telemetering All of the present telemetering equipment and service existing between IWC Installation and the city filter plant will be discontinued. It is assumed that all of the .equipment existing outside of the city belongs to IWC. It is assumed that all of the telemetering equipment at the filter plant belongs to the city. •il -4- I Remuneration IWC will pay the city for meters and related data as indicated above. IWC will pay the city for Sheldon Road tank as Indicated above. City will pay the Town for release of Coddlngton Road liability as indicated above. City and IWC will annually settle for the services provided under "Interchange of Services". Towns will continue liability for water bill unpaid on date of cut-over, There Is no other remuneration for the other terms of this agreement. 4. •i '% THE ELEMENTS OF FROPOSED CONTRACT BETWEEN CITY AND TOWN FOR WATER SERVICES IN CERTAIN AREAS OF THE TOWN OF ITHACA July 8, 1976 Areas To Be Served • ' • 1) The area presently served by Buttermilk Falls water district* 2) All of the Town of Ithaca outside of the City vest of Inlet Creek and Cayuga Lake* Basis of Service . . Water to be furnished at the City line through existing mains on Elmira Road, Floral Avenue, Elm Street, and Haller Boulevard* The annual maximum amount of water to be served at these locations shall not exceed llOS^ of the aioounts served during 1975* The peak demand at any of these locations shall not exceed a rate greater than 1502 of the average annual demand rate* Water to be furnished to the Trumansburg Road district through a master meter at the Vinegar Hill Pump Station. The average annual dally demand at this location shall not exceed 27,000 cubic feet per day. The maximum daily demand shall not exceed 40,000 cubic feet per day, except that fire flow replenishment may run as high as 55 cubic feet per minute for a period not to -exceed 24 hours. The Town may not Increase the operating height of the Trumansburg tank, nor may It decrease the size of the force main connecting the Trumansburg tank with the Vinegar Hill Pump Station. The City will build at the Town*8 expense an 8-inch force main from Vinegar Ulll Station to the City line at a point upstream of the present Cliff Street pump station* The force main shall be owned by the Town and maintained at the Town's expense* The present Cliff Street pump station will be deactivated at Town's expense* The City will continue -2- ,« 1 ¨ I to take supply from the Trumansburg force main for the Oakdale Lane/Warren Place I areas, and will reduce the Trumansburg Road metering by an amount equal to the total meter readings In this latter area. The static pressure at each of the points of service will remain unchanged • I from the static pressure available at the present time. 1 ... Terms of Contract The contract will be for a 20-year term and will provide that the Town will pay the City quarterly for the bulk amount of water delivered at 1.5 times the City rate. There will be a minimum quarterly charge of one million cubic feet. Shoxild the Town require greater amounts of water than Indicated under Basis of Service, the Town and City will enter into further'contract providing for the Town to pay capital costs of Improvements within the City to the extent that they are necessary to meet the Increased demand. In areas not served by a master meter, the City may at Its option and expense Install a master meter at the point of interconnection, and this master meter then becomes the basis of payment by the Town to the City. The Town will pay a pro-rata share of the cost of operating and maintaining the Vinegar Hill Pump Station based on the quantity of water pumped to the Trumansburg system. The City's services under this contract shall be limited to the serving of potable water in the amounts and at the pressures Indicated. Metering, billing, and other services Incidental to supplying'water to Town customers will be handled by the Town. ELEMENTS OF AGRBE3-1ENT FOR PLUMBING INSPECTOR July 21, 1976 1) The City and IWC will enter into a 3-year agreement providing for plumbing inspection of all installations served by IWC at $1,000 per month, payable quarterly* 2) IWC will set the rates for plumbing Inspection and will be responsible for the collection of fees* 3) IWC must produce a uniform code and legislation covering sewer and water installation in units served by IWC. The code must provide for criminal penalties for failure to comply, and it should further provide that the water will be shut off at the direction of the Plumbing Inspector whenever he certifies that he cannot get compliance with the code. A) IWC must appoint the City Inspector as their inspector* 5) IWC must establish an Examining Board of Plumbers with power to review . the determinations of the Plumbing Inspector* THE CORNELL LAW SCHOOL MILTON R. KONVIT2 MYRON TAYLOR HALL PROFESSOR OF LAV^ ^ ^ g ITHACA. N. Y. 148SO AND PROFESSOR OP INI AND LABOR RELATION^. RECElVt-D itfaSTRlAL UlJ i3 1975 16 The Byway, Ithaca JOWN OF ITHACA 9 December 1976 Dear Mr« Schwan: I was present at last night's meeting at the Forest Home Chapel but had to leave at 9 o'clock, which was before the meeting adjourned. Had I remained to the end I wovild have come up to thank you In person, I thought that you made a fine and convincing presentation and met our questions and doubts, and ended our feeling of frustration. I think that some of the expressed annoyance over the new wa-^r rates was exaggerated, but the concern over the ^er problem was deep and sincere. Ve now can begin to see the light at the end of the tunnel, and I am sure that Tfdien the sewer system will be a fact, everyone In Forest Home will feel personally grateful to you. Iflth kind regards, X am Slncerel Mr, Walter Schwan, Supervisor Town of Ithaca. SHCJLMAN'S,INC. RETAIL AND CONTRACT FURNISHERS "Over 60 Years of Reliable Service" New York Office: Florida Office: IE - BIdg. - 6 1018 East Shore Drive 11811 Avenue of the P.G.A. Ithaca, New York 14850 ^3 C F 1 XZ Palm Beach Gardens. Fla. 33410 (607)272-2406 (305)622-2967 jAN 10 1977 jom OF ITHACA Mr. Walter 1. Schwan Town of Ithaca 126 E. Seneca St, Ithaca, N.Y. 14850 Dear Walt, Read your letter of December 31, 1976 regarding the water sltutation in the town of Ithaca. The Town of Ithaca has grown, and it will continue to grow even thought there a some that will do anything to retard this growth. Walt, I am interested in having information regarding the possiblity of having water and sewer service to the land that I own on the Mecklenburg Road, just west of the Old Marshall farm. My property is listed as 1349 Mecklenburg Rd. Also, what is the projected growth potential of this area. Also, I would be appreciative of any other information that you could send me regarding the growth of the Town of Ithaca, in this direction. Walt, also, as I own land on Oakcrest Rd, Village of Lansing, what is your educated.opinion of how soon sewer service and full water service will be available to this Road. We would like to start some housing in both area$, but I would not start without full service of both water and sever, and for this reason, would be willing to be helpful in any way to help get these services to these area. Hope that you have been well. Best wishes for the coming year. rs very CECIL B. SHULMAN SERVING INSTITUTIONS MOTELS HOTELS HOMES AND APARTMENTS JP.N 13 tovjn Of January 12, 1977 Mr, Walter J, Schwan, Supervisor Town of Ithaca 126 East Seneca St. Ithaca, N. Y. Dear Kr. Swan: Noone likes to pay taxes, myself included. But I found your statement regarding our water supply problems both clear and helpful. Sincerely, E. Scott May«€s /' 112 North Sunset Drive TOWN OF CLARENCE ONE TOWN PLACE - CLARENCE, NEW YORK 14031 - TEL. 741-2802 24 197; ™"'" Of ITHACA January 20, 1977 Office of Town Supervisor Town of Ithaca 108 East Green Street Ithaca, New York 14850 Dear Sir: I have followed with great interest the proceedings taken by the Town of Ithaca in 1971 to consolidate water districts and sewer districts. Your then Deputy Town Clerk was kind enough to send me, in response to my in quiry, copies of the proceedings taken to accomplish the dissolution. The Town of Clarence is now considering consolidating or dissolving its water districts. It would be very help ful if we could have some information from your office or from the Town Attorney as to how the dissolution worked out for the Town of Ithaca. Has it been successful? Has it accomplished what you expected in regard to equalizing costs and simplifying book work? Did the surcharge which you planned work out satisfactorily? Have you had any problems installing new water lines or sewer lines under the provisions of the Town Law, Section 209-q? I appreciate very much the time you might give to answering this inquiry and assure you that it will be of great interest to those of us planning a similar change for the Town of Clarence. Sincerely yours, / v.- Walter S. Merwin Town Attorney WSMrtk Wallace J. Gibson Supervisor Gerard J. Richter Councilman Arthur H. Root Councilman John B. Cline Councilman Roger H. Chaffee Councilman RECEIVED Mrs. Gordon Scott Little JAN 26 19// 1!I CREST LANE ITHACA. NEW YORK 14850 JOWN OF ITHACA 25 January 1977 Mr. Walter Schwan Town of Ithaca Office 126 E. Seneca Street Ithaca, New York 14850 Dear Mr. Schwan, Since I occupy the basement apartment at the above address with below ground level bathroom and sewage line, it may be necessary to tak^this into considera tion when sewage connections are made, hopefully this summer, A diagonal line to the road is possible depending on the depth of the lines. Please so inform your engineers at the planning stage. Good luck with the negotiations in this direction. Sincerely, ■-Wwm RECEIVED JAN U 1977 IBtfN OF IIHACA 127 .Varren Road, Ithaca, ]?!• I, January 26, 1977 h-jf.'.. M- te;.. ip ifej2p^ ■ Desr Larry Fabroni: This is to confirm our conversation after Mr. Bch.vans visit to the meeting of the Forest Home Improvement Association and to remind you of our need to sewer two new lots at the end of Crest Lane. If the extension to sewer the north side of Crest ^ne runs east along the south line of our property it should be possible to sewer our proposed houje at basement level without pumping. Moving this extension will also make it easier to connect Loucks and Hendersons houses since their outlets are on the north sides of their houses. It may also be easier for Likens to connect. .Such an extension dnuld provide maximum depth at the manfcdle north of Loucks (10' + ). We have wire stakes marking the approximation location on the edge of the bowl of our proposed house. If there is anything I can do to expedite this matter, please let me know. I would appreciate it if you would keep me informed. \ Sincerely, cy Walter Schwan John P. Hertel '-7 ^ fc muydi\ p^jcrUT ^OoMsub/ Or\ 7&i dj«^ ... . - ' T&WN OF ITMACA 126 EAST SENECA STREET ITHACA, NEW YORK 14850 February 4, 1977 Mr. Walter S. Merwin, Town Attorney Town of Clarence One Town Place Clarence, New York 14031 Dear Sir; In response to your letter of January 20, 1977, I can emphatically state that dissolution of the Town of Ithaca water and sewer districts has worked very well. We declared the total area of the Town to be the benefited area at the time of dissolu tion so we could make future extensions of water and sewer. In the proceedings for extensions under 209-q we state that all the area of the Town benefits from the extensions and, thus, we do not form additional districts. Surplus funds from water or sewer benefit charges in the areas with service are used to help pay for extensions. Our benefit charges are $23/unit for water and $50/unit for sewer. They were established in 1971 and remain the same today, including any new extensions we have made. We are in the process of extending sewer to five new areas of the Town. In order to balance the budget because the new areas will not pay enough on their own, we will use Federal Revenue Sharing funds to subsidize the debt service until the budget balances in 1988. In other words, the income from new sewer units, because of the extensions of sewer, plus surplus from the rest of the existing sewer units, will balance the sewer debt service budget in 1988. It will require three years of the Town's Federal Revenue Sharing allocation for the next four years to do this. Perhaps you were not aware that when a Town dissolves its water and sewer districts and declares the benefited area to be the total area of the Town you have made water and sewer a Town-wide function and this allows Federal Revenue Sharing funds to be used for debt service (principal only for the last five years). We have one benefit roll for water and one for sewer and we have one benefit formula for both water and sewer. The bookkeeping is very simple with only two benefit rolls and with one benefit formula. If a taxpayer has both water and sewer, his benefit units are the same on both rolls and the Town-wide benefit rates are the same to all with service _ 2 - February 4, 1977 Mr. Walter S. Merwin Do not extending law, 209-r and 209-q, aistric? boundaries. You have service beyond the consolidated aisrrc Federal RevenueInrdistriot instead of use Federal Revenue Sharing for district l^iigatL the Town taxpayers to pickS^^tre^irbrinrr^sld fafes°ffTeLral Revenue Sharing is ended The water and -wer surcharge works fine.^^We took^the^ surcharge route because ^^e ad valorem method as are tax exempt, so we could " power to set water and209-q stipulates. surcharge'^on the rates to pay sewer rates, so we the existing systems, for operation and maintenance tor tne e Sincerely yoy^s. / Walter J- ^chwan Town Supervisor WJS/elb received ELMER S. PHILLIPS y 24 VISUAL COMMUNICATIONS CONSULTANT 131 PINE TREE RD. JOV^N OF ITHACA phone ITHACA. N. Y. 14850 («07) 273-2578 February 23j 1977 Walter Schwan Supervisor Town Board of Ithaca 126 East Seneca Street Ithaca, Hew York 14850 Dear Walt, On three separate occasions within the last year I have had business with the town. All three have left me with the feeling that those charged with the responsibility to operate its business have developed an unprecedented arrogance with respect to town constituents. This charge may be unjustified but is based on the total inaction to suggestions or requests for information. A case in point: On January 4 I wrote you concerning a problem that would occur in mid-March when my water meter should be read. I pointed out that I would not be here then and that the same thing would likely occur in September. I suggested several alternatives but heard nothing. Later when in the office delivering returned mail to the Town Board and the Planning Board that I had incorrectly addressed, I was told by Mr. Bergen that he should have written me a letter. Further conversation showed that billing was to be made by computer and was not programmed to bill on a six months incre ment that could have solved the whole problem. In this roving community I do not see myself as a lone example of those who travel often without forwarding addresses! After all, this should have been anticipated and programmed so that the computer could give alternative answers. After close to two months with no answer I called Andy Elwee last night and learned that the minimum charge for the period is $l6.59« Thus I am enclosing my check for that amount with this letter. This one example is sufficient to reflect an insensitive attitude that leads at the least to a credability gap and lack of confidence in town government. Sincerely, Elmer S. Phillips ESP:bm Enc, iYOUCOS & BARNEY Attorneys at Law AVINGS BANK BUILDING rilACA. NEW YORK 14850 MEMORANDUM TO: Ed Bergen, Tovm Clerk and Members of the Town Board FROM: James V. Buyoucos Dated: February 24, 1977 Subject: Action with Respect to Business, Commercial and Industrial Real Property Tax Exemption—Section 485-b Real Property Tax Law I am enclosing a copy of a letter which I wrote to the State Board of Equalization and a letter which I subsequently? wrote to the office of the State Controller, The reply I received from Mr. Wyluda of the State Board of Equalization and Assessment was on the telephone, was discussed quite rapidly because Mr, Wyluda had just returned from a number of days* absence from his office and was in an obvious hurry to take up another matter. Mr. Wyluda simply stated his opinion without answering the specific inquiries I had that water rents and sewer rents were not intended to be included within the definition of a service charge and, therefore, were not exempt from payment by a commercial business or industrial activity which would otherwise be exempt• I also talked to two other attorneys in Albany. In view of the strict definition of service charge, I was still not satisfied that I had been given and adequate explanation. I checked all the available resources and opinions available to me. I found a reference to a very brief abstract of an opinion of the State Board of Equalization and Assessment which appeared to say that water rents and sewer rents were not included within the term service charge. The full opinion was not available. Therefore, I asked for a formal opinion from the Department of Audit and Control who agreed that I had raised a valid issue and they also agreed that they would examine the opinion of the State Board of Equalization and Assessment. Today, I received a telephone call from Mr. Ralph Handel an attorney in the Department of Audit and Control to whom my inquiry had been referred. He informed me that it was his opinion, based upon the opinion of the State Board of Egualizatic and Assessment, that the Legislature had not intended that water rents and sewer rents would be exempt from payment under the provisions of Section 485~b of the Real Property Tax Law. Apparently the opinion of the State Board of Equalization and Assessment is based upon the provisions for the method of computation of service charges as set forth in Section 498 of the Real Property Tax Law and this was a section which I had previously discussed with other attorneys in Albany. While 498(b) of the Tax Law, a copy of which is being furnished to you by Ed Bergen, appears to include sanitation and water supply, the burden of the argument of SBEA, as Mr. Bandel put it n ks JYOUCOS & BARNEY ATTORNEYS AT LAW SAVINGS BANK BUIWDING ITHACA. NEW YORK 14690 Ed Bergen Page 2 February 24, 1977 to me, is that service charges are computed on the basis of a percentage (Subdivision c of Section 498)and thus water use charges and sewer use charges would not be deemed to be included inasmuch as they are not derived on that basis. It is interesting to note that the Legislature has postponed annually the effective date of Section 498 and other Sections. The Act became effective in 1973, but the effective date, as I have stated, has been postponed annually by action of the Legislature. The last effective date is April 1, 1977, but I have been told that the Legislature will probably postpone the effective date again although no one can guarantee this. Apparently, one of the reasons for postponing the effective date is the difficulty of computing service charges under the provisions of Section 498, Mr. Handel, I hope, will clarify some of these matters in his opinion, although he told me that his opinion would be largely based upon the written opinion of the SBF.A, It is also interesting to note, however, that Mr. Bandel did agree with me that a strict interpretation of Subdivision 13-a of Section 102 of the Real Property Tax Law which defines service charges, does not exclude water use charges and sewer use charges and-he agrees with me that it would be best to have Legislation amendina this definition. On Wednesday morning, at a Session of the Association of Towns, discussing certiorari proceedings and State equalization rates, I asked Ms. Mary E. Mann, Counsel of the SBFA, what she thought of the service charge definition and she replied to the effect that the definition and the entire matter of service charges has not yet been implemented because the Legislature has been postponing its effective date on an annual basis. Thus, except for Mr. Bandel's agreement with me that it would be desirable to have the definition of service charges made more clear by amendment, the several people in Albany with whom I have talked seem to agree that it was not intended that sewer use charges and water use charges be included within the definition of service charges as they are mentioned in Section 485-b. I pass their opinions on to you. i have no way of knowing the intention of the Legislature, This is a matter with which the gentlemen with v/hom I talked are more familiar. You will have to accept their opinion. JVB/jkl Attachments Ul all > ar to iiefW Title 3 EXEMPTIONS § 498 pnMicatlon of lists Of tax-exempt I!rrt;»crtlcs within the city. 24 Oi>. State Compt. 88,1968. The City of Sherrill need not, by virtue of its unique status, submit its list of tax exempt property to the Hoard of Supervisors pursuant to this section and may not be required to pay for such publication. 17 Op. State Compt. 42,1961. A village is neither required nor permitted to publish list of exempt properties. 7 Op.State Compt. 239, 1951. § 498. Service charges (a) Any service charge to which any real property may be subject as provided in section four hundred or section four hun dred twenty of this chapter shall be imposed at a rate which shall be a percentage of the rate of tax imposed upon real pi-op- crty for which no exemption is allowed. Such percentage shall |je computed as provided in subdivision (c) of this section. (b) For the purposes of this section the term "chargeable services and improvements" means services, and improvements necessary or convenient in providing such services, for the fol lowing purposes: police protection; fire protection; street and highway construction, maintenance and lighting; sanitation; and water supply. All improvements specified in clause (a) of subdivision one of section four hundred ninety of this chapter shall be deemed chargeable improvements. (c) The percentage to be applied to the rate of tax imposed on real property for which no exemption is allowed, in order to determine the rate of any service charge, shall be computed as follows: (1) From (A) the total amount included in the municipal budget as estimated expenditures for chargeable services and improvements, exclusive of those for which a special ad valorem levy or special assessment is imposed, deduct (B) the total amount included in such budget as estimated revenues to be de rived directly from specific services and improvements whose es timated expenditures are included in clause (A), including any state and federal aid directly attributable to, or contributed to assist the municipal corporation in providing, specific services and improvements whose estimated expenditures are so included. (2) From (C) the total amount included in the municipal budget as estimated expenditures for all purposes other than services or improvements for which a special ad valorem levy or special assessment is imposed, deduct (D) the total amount in cluded in such budget as estimated revenues to be derived direct ly from specific services and improvements whose estimated ex penses are included in clause (C), including any state and feder- 49A McKlnrtfy If l-e9»—19 289 i li i >. I !ii itt iU : , m «V:«wC-V; ■. ,f : «.v.- . „ .-V ■ » real property tax law§ 498 i^siuftiHTY TAX LAW ipal <=orporaHon"in''provMng^^ to assist the munic..-J^oseestimated expenditu4 -a„^ t; ™ amount computed pu J an^nUomputedpursl,a^,tt^P:;S.ar~ which for4 suant to paragraph (3) above. ^ Percentage computed pur-^^, (5) The rate so producpA «!>i ii uassessed valuation of real prope^VuM^t'? *° 'hefdetermine the amount of such^^" ^ to .| ":£f Jetenuinetheam^u^VJflTcl-^-'Added L.1971, c. 417. § 8. Historical Note "ESivrDatVof ionApplication- under section lo"a-f "«nt by MunlclpalitlM. See note uT"!' der section 302. 'i?£ Title 1 ARTICl Titia 1. General provlsio 2. Assessment and ^ 3. Miscellaneous pr Sec. 500. .502. 504. .500. 508. 510. .512. 514. 516. TIT Ascertainme Form of ass« Preparation Tentative co Information Notice of in( Hearing of c Verification Filing of coi § 500. Ascei On or before tl ill each city and i real property loca of. L.1958, c. 959; ame ~ ;'A' 1962 Amendment. 2. off. Jnn. 1. 1004, «r before the first (1 ••nctweeu the first ( .*iiu{ June.- Derivation. Tax 1 L.1000, c. 02; amend! Tu.Yation ^320. Attorney, emptoymeni Clerical assistance 5 Increase of assessmer Prior law I Purpose 2 Subpoenas 7 Time of assessment I 290 \ v i* ■f': TMTii "' ' •"-> : ,. § 500 mmt »wit orpanization, oiul tlie « il be iinposed in proper- >, .enefit received. 1 Op. ^ ).A. Xo. 93. ned property rl to-owned property locat- -* water district is not lia- lorero levies iraposed by ^ trict, but special assess- ^ d on n benefit basis may .t if tlio requirements of ^ tlic Public Lands Law » ;)p.Counsel S.B.E.A. No. ^ iexemption ig of an exemption from taxation generally does ^ i exemption from special oud special ad valorem •s^"the property is one of ^ ipecified in tlus section, e property meets certain--^ cments. 1 Op.Counsel 47. lat property of clergy rty owned by a religious-^ uud used as a full-times^ its clergy is excmpti^. , imposed by or on behalf 'fc , city, town, village or ^ rt for municipal or school.^ oses, but it is subject to-e^ levy and special assess-?^ i. 3 Op. Counsel S.B.B.^ -h -■i %isfer of title or posses--^- pmain exempt until thefc.ncnt roll is prepared e**y ,v York City aud West-ffi iity wbere tbe property*iHatoly become subject to^Op.Counsel S.B.E.A. No.f4^ iperty exempt pursuant to.*fis conveyed to a nonex-;^" after taxable status date*»^(apidicable in New Tork?^ Ve.itche.ster County)such property nill imme-v^ime subject to taxationw" taxed pro rata for tho;^*- >f the fiscal year, but iL"ii is entitled to exempt^uniit to section 421, tiiet^J'' is not operative becausfc»V-•r of the real property|^feet tbe exempt status of^' rty. 2 Op.Counsel REAL PROPERTY TAX LAW I 496. Report of exempt real property ' Forms for RPTL Viif foUowiug forms appear in West's McKinuey's TPP Forms for the RPTL under section 496: Assessor's Annual Report of Exempt Property, see Form 1. V illage Assessor's Report of Partially Exempt Property, see Form 2.Village Assessor's Report of WJiolly Exempt Property, see Form 3. Village Assessor's Report of Exempt Property of Aged Persons, see Form 4,(Kder to Show Cause in Article 7S Proceeding Why List of Exempt Property Should Not Be Published, see Form 5.Ivtition in Article 78 Proceeding to Compel Publication of List of Exempt Property, see Form 6. Judgment in Article 78 Proceeding Compelling the Publi<»tion of List of Ex empt Property, see Form 7. § 498. Service charges [See main volume for text of (a) to (c)'\ (d) Notwithstanding the provisions of any local -law to the con- tran', all real property owned by a corporation or association or-•.-anlzed or conducted exclusively for religious, charitable, hospital, edu-lation or cemetery purposes, or any such property owned by the dormi-lon* authority and leased to any such corporation or association, shall he exempt from all service charges. .\3 amended L.1973, c. 1018, § 'i. 1973 Amendmeat. Subd. (d). L. 1973. c. 1018, % 2, eff. June 23, 1973. added subd. (d). Application of L.t973, o. 1018. See uote under section 420. Library references Muuiclpal Corporations ^=>426. CJ.S. Municipal Corporatious fi 1332. a county, city, town or village to de fray costs of semtation and water supply systems, the way in which the service charge is computed is com pletely inconsistent with any con struction other than that only a pro portionate part of the general taxlevy and sanitation and water supply costs payable from the tax levy were inteuded to be covered Index to Notea Computation of charges I Liability of state 2 Nature of charges 3 L Computation of charges .Mtbough the literal wording of tbe 'lefiuition of "service charge" in subd.1-1-a of section 101 would appear to iiKlude any charge other than a''l>eiial ad valorem levy or special as sessment imposed by or on behalf of . 2 Op. Coun sel S.B.E.A. Xo. 32. 2. Liability of state The New York State Thruway and all other state agencies, as well as the state, are liable for sewer and water rents based on actual use of services or facilities; such rents are not taxes. 2 Op. Counsel S3.E.A. No. 32. 3. Nature of charges This section is concerned with charges that are in the nature of a tax, not contractual obligations. 2 Op. Counsel S.B.E.A. No. 82. Title .1. 4. ARTICLE 5—ASSESSMENT PROCEDURE Correction of assessment rolls and tax rolls [New]. Miscellaneous provisions. TITLE 1—GENERAL PROVISIONS § 500. Ascertauunent of facts for assessment Sapplemontary Inde i-ocal legislative powers Ownership of propertyView of land by assessor Notes 3. Time of assessment Four-year delay in assessment of special franchise did not bar valua tion for current year. Broadway Maintenance Corp. v. Moore, 1973, 73 c>!Wgykeag!tfi<t-»'-a>c»v3 m ff- I I BUYOUCOS 8c BARNEY Attorneys at Law SAVINGS BANK BUILDING James v. BuyoUcos . .'THACA. NEW YORK MBSO Coo£ GOT Joi"?: c Barney "Piione Z73-G9^\ February 10, 1977 New York State Department of Audit and Control Gov, E. A. Smith Office Bldg. Albany, New York 12235 Attention: Mr. Theodore Berns, Counsel Re: Opinion with Respect to Real Property Tax Law, . . Section 485-b. Business Investment Exemption \ Gentlemen: I am enclosing a letter which I wrote.to Mr. Henry Wyluda of the New York State Board of Equalization and Assessment. I wrote directly to Mr. Wyluda because I was informed that Mr- ■McGratJifCounsel, 'was not available. Mr. "Wyluda was extremelybusy and was able to discuss the matter briefly with me on the telephone. As I interpret his comment, he felt certain that the exemption claimed by Section 485-b did not exempt the tax payer from any special benefit assessments for water and sewer &hd the like nor from the payment of water rents, water rates or water use charges,however defined/or from the payment of sewer rents, sewer rates or sewer use charges,however defined, I would have no problem with respect to understanding the Section if it were not for the use of the words "service charge" As defined in Subdivision 13-a of Section 102, "service charge" means a charge other than a special ad valorem or special assessment imposed upon real-property for certain improvements described in said Subdivision and in Section 490 of the Real Property Tax Law. A strict interpretation of this Subdivision might be that "service charge" includes any charge made for the use of water or. the use of sewer which is generally referred to as a water rent or water rate or water use charge or sewer rent, sevzer rate or sewer use charge. I cannot conceive that Section 485-b was intended to exempt the taxpayer from paying such charges. NYS Department of Audit & Control February. 10, 1977 Page 2 However, the bulk of revenue raised by the Town of Ithaca consists of seV7er and water benefit assessments and charges for the use of water and sewer,however defined,whether as rents, rates or use charges. The latter are used in the first instance for the payment of operation.and maintenance and the balance, if is used to reduce, the capital costs (i.e., payment of bond indebtedness). Thus, clarity in this matter is"of great importance to the Town of Ithaca. • ' I am aware of Section 400, Section 420, Section 498, and Chapter 98 of the Laws of. 1976. I, therefore, request your opinion that water benefit assessments, sewer, benefit assessments,and water and sewer use charges are not exempt from assessment, levy and collection pursuant to the terms of Section 485-b of the Real Property Tax Law. I apologize if I am asking you to give me an opinion, in writing of something which may be so obvious to others, but I think you will agree with me that the words "service charge" as used in Section 400, 420, 498 and in Section 120 Subdivision 13-a can create some confusion. I would be extremely grateful to you if it would be possible to have your opinion prior to March 4 so I can present it at the March .7 meeting of the Town Board. . If the Tov7n Board is to repeal the exemption or reduce the exemption, it cannot act much later than that date. If I can be of-any assistance-to you over the telephone, please call me. Again, please accept my sincere apologies for forcing this matter on you. Best personal regards. Yours very truly. James V. Buyoucos JVB/jkl Enclosures BUYOUCOS a BARNEY Attorneys at Law SAVINGS BANK BUILDING - ' James V. BUYOUCOS ITHACA. NEW YORK I4a50_ ^ JOHN C. BARNEY 273-6941 January 19, 1977 New YOrk State Board of Equalization and Assessment 155 Washington Avenue Albany, New York 12225 Attention: Mr. Henry Wyluda ^Opinion vrith Respect to .Heal Property Tax Law, Section 485-b. Business Investment Exemption Dear Mr. Wyluda: I am writing this letter to you as attorney for the Town of Ithaca and also as counsel to the Southern Cavuga Lake Inter-- municipal VTater Commission, acting in behalf of several munici palities which provide v/ater to the Tovms of Ithaca, Dryden and Lansing and the Villages of Cayuga Heights and Lansing, all in Tompkins County, pursuant to an,Intermunicipal V7ater Agreement. The Town of Ithaca is the taxing authority which is now considering the matter of adopting legislation either to repeal the exemption or to reduce the amount exempted to Qualifying taxpayers pursuant to Section 485-b. I have examined the following Statutory Provisions: 1) Real Property Tax Law 102, Subdivision 13—A, 14, 15,- • 16 & 20. 2) Section 490 of the Real Property Tax Law. 3) Section 209—Q of the Town Law, particularly Subdivisions 1 (a) and (b). (The reason for this is that the Town of Ithaca several years ago abolished all special improvement districts pursuant to Section 209-Q of the Tov7n Law and as defined in Sub- divsion 1 (a) and (b) of Section 209-Q, 4) I have also read again the opinion of Morris V. County Board of Assessors of Nassau County, 79 Miscellaneous 2d, decided in the Supreme Court, Special Term of Nassau County of June 19, 1970. r * I Mr, Henry Wyluda January 19, 1977 Page 2 The Town of Ithaca now collects the following: A. In January of each year the Town and County Tax bill is sent to each taxpayer vyhich includes the followina: 1. County Tax 2. Town Tax. Tax. (The Town of Ithaca does not have its own Fire Department, but contracts for this service with the City of Ithaca and the Villaae of Cayuga Heights. Each year the Town raises sufficient funds to pay the two contracting municipalities for their services. This amount is divided by the applicable total assessed valuation which results in a percentage rate—say 2.7%, Thus, if a property is assessed for $10,000.00, the fire tax is $27.00.) 4. Water Benefit Assessments. ~ These charges are levied and assessed against each property in the Town pursuant to Section 209-Q of the Town Law on the basis of benefits conferred on each such property. The revenues are used to reduce the bonded indebted ness incurred for the cost of construction of the water facilities. 5. Sewer Benefit Assessments. These charges are levied and assessed against each property in the Town pursuant to Section 209-Q of the Town Law on the basis of benefits conferred on each such property. The revenues are used to reduce the bonded indebted ness incurred for the cost of construction of the sewer distribution facilities. 6. Other charges such as charges for lighting districts. B. In addition to the items in paragraph (a) above, the Town of Ithaca also levies the following charges: 1. Water Use Charges or Water Rents jbased upon the water consumed by each property. These are used first for operation and maintenance and the balance, if any, to defray the cost of the construction and financing of the municipal water service. 2. Sewer Use Charges; these are"used to defray the cost of operating and maintaining the Sewer Treatment Plant which is used to treat the water discharged from the consuming properties in the Town of Ithaca. The Treatment Plant is owned and operated Mr. Henry Wyluda January 19, 1977 Page 3 by the City of Ithaca and the City performs the sewaae treatment service under contract with the Town of Ithaca. The sewer use charge is based upon the amount of V7ater used by each consuming property and is paid to the City. We request your advice as follox*7s: Do the Water Benefit Assessment, the Sewer Benefit Assessment, the Water Use Charge, and Sewer Use Charge come within the exemption provided for by Section 485-b? In other words, if the exemption provided for by Section 485-b is not repealed by the Tov7n by Local Law will the industrial activitiy be exempt from the payment of the foregoing assessments and levies? A. We assume that neither the water benefit assessment charge nor the sewer benefit assessment charge, as described above, is exempt and, therefore, must be paid by the industrial, etc. activity, inasmuch as this appears to fall, within the definition of a special assessment as defined in Section 102 since it is a charge imposed upon benefited real property in proportion to the benefits received by such charge to defray the cost (including the bonded indebtedness to pay such costs) of the municipal water system and the municipal sewer system respectively. B, We assume, for the same reasons, stated in "A" above, that the water rents as described above which are paid by each consumer based upon the amount, of water consumed and which are used for" • operation and maintenance (and any balance also may be used to defray costs of the municipal water system,' including payment of the bonded indebtedness)are exempt from the operation of this Statute and therefore must be paid by the industrial activity. : "C. Similarly, we assume that the sewer use charge which is collected from the .consumer of water in the Town of Ithaca based upon the amount of water consumed and which is used for the payment of th,e costs of using the City, of Ithaca Sewer Treatment Plant is likewise exempt from the operation of the Statute and thus must be paid by the industrial, etc, activity. However, Section.485-b specifically states that "service- charges" shall be exempt from payment by an exempted activity. We are confused by the definition of "service charge" in Subdivision 13-a of Section 102 of the Real Property Tax Law which seems broad * « Mr. Henry Wyluda January 19, 1977 Page 4 enough to cover sewer services under the term "sanitation" and water services under the term "water supply". One inter pretation of the Statute would be that service charge means a charge imposed upon real property to defray the cost of services and improvements necessary or convenient and providing services for sanitation and water supply amongst other services, but such charge must be "other than a special ad valorem levy or special assessment!'. We wish to make certain that all water benefit assessments and sewer benefit assessments described above come within the exemption "other than special assessments" and are thus not exempt from the operation of the Statute and therefore must be paid by the exempt activity. We wish you specifically to confirm this. We also request your opinion that water use charges, however they may be defined, based upon the consumption of water, and sewer use charges or sewer rent charges, however they may be defined, based upon the use of water, do not fall within the meaning of "service charge" as defined in Section 102 Real Property Tax Law, Subdivision 13-a. D. Similarly, we would request your opinion that the special ad valorem' levy levied for fire protection does not come within the definition of a "service charge". E. Similarly, we wish your opinion that any charges for a lighting improvement district would not come v/ithin the definition of a "service charge". F. We are not certain whether the Fire Tax described in A,3, above is exempt from payment by the industrial, etc. activity. We would assxime that i*t is in the nature of a general tax and therefore, would be exempt, but we would appreciate your advice. We regret the haste in which this letter has been written but the Town may wish to adopt a local law at its February meeting. Therefore, we will be very grateful for whatever assistance you can give us. We are ready to discuss any questions you may have with us on the telephone. Please call me person to person. If you need any additional information, I shall be glad to supply it to you. Yours very truly. /4y -James V. Buyoucos ■nm /•tt.n THE COR MIL.TON R. KONVIT2 PROFESSOR OF LAW AND PROFESSOR OF INDUSTRIAL AND LABOR RELATIONS Dear Mr. Schwan: iviAK 2 1977 MYRON TAYLOR HALL ITHACA, N. Y. 14850 JOWN OF ITHACA 16 The Byway, Ithaca 1 March 1977 When you last spoke at a meeting of the Forest Home Association, you told us that in February the Town of Ithaca would advertise for bids for the construction of the sewer system. The month of February has passed without such action, and the rumor now is that there will be no action until the Fall or maybe not until the Spring of next year. If this is true, then I have a right to feel terribly upset; and I know that many of my neighbors with whom I have talked about this, feel as strongly as I do. We have received repeated assurances that the f\mds for the project are settled, and that there will be no delays or postponements; but we have had nothing but xmreallzed promises, I read in the Ithaca Journal the other day that Lansing is getting a sewer syst^. It seems to me that our project is a minuscule one; the area was surveye for sewer several years ago; our needs are no longer child's play but desperate; surely greater and bigger things have been done by the Town of Ithaca. I wish you to know, as our Representative, as Town Superviser, that many of us in Forest Home consider the situation an intolerable one, and that we expect immediate action to cure a situation that we can no longer endure with compiacency, I know that I write this to a persoB who Is on our side, I hope that this letter will strengthen your hand. Sincerely yours. Hon. Walter Schwan, 4 • m 7 «s^ " STATE OF NEW YORK DEPARTMENT OF AUDIT AND CONTROL ^ ALBAfi ARTHUR LEVITT •TATK COMMROLte* IN ftc^LViNC nerKR to March 3, 1977 77-137 James V. Buyoucos, Esq. Buyoucos & Barney Attorneys at Law Savings Bank Building Ithaca, New York 14850 Re: Town of Ithaca Bear Mr. Buyoucos: \ This is in reply to your letter of February 10, 1977 in - which you asked the following question: Inquiry . Does the tax exemption provided by Real Property Tax Law, §485-b include special assessments, water rents and sewer rents? Statement of Law Chapter 278 of the Laws of 1976 added a new section 485-b to the Real Property Tax Law to provide a partial exemption (the "business investment exemption") from real property taxes for owners of commercial and industrial properties who undertake new construction or alter existing improvements on such properties. Section 485-b(1) provides as follows: "1. Real property constructed, altered, installed or improved subsequent to the first day of July, nineteen hundred seventy-six for the purpose of commercial, business or industrial activities shall be exempt from taxation, special ad valorem levies and service charges to the extent hereinafter provided." Real Property Tax Law, §102(15) defines a special assessment as follows: * ^ r -2- 77-137 "15- 'Special assessment' means a charge imposed upon benefited real property in proportion to the benefit received by such property to defray the cost, including operation and maintenance, of a special district improvement or service or, of a special improvement or service, but does not include a special ad valorem levy." In view of the above-quoted provisions, the exemption from taxation granted by section 485-b clearly does not include special assessments. Your question of whether the exemption granted by section •485-b extends to water rents and sewer rents arises because of the definition of the term "service charge" contained in Real Property Tax Law, §102(l3-a)- Said section provides in pertinent part as follows: "l3-a. 'Service charge' means a charge, nthftr than a special ad valorem levy or a special assessment, "PPPi T^^l nroverty by or on behalf of_a county, city, town or village, to defray the cost of^services, and improvements necessary or convenient in providing such services^ for the following purposes: ... sanitation; and water supply." [Emphasis AddedJ In light of the above-emphasized portion of section 102 (13-a), you question vrhether water rents and sewer rents are included within the meaning of the term "service charge" as used in said section. We are enclosing for your reference a copy of an opinion rendered by the Stat-f^ nf Rgnalization. and Assessment (2 Op. SBEA, No. 32, 1972) in which this very question was_a.nRwprpd -in thf^ np^^ativft.. The Department of Audit and Control agrees with the position taken by the State Board in the enclosed opinion. Accordingly, since vmter rents and sewer rents are not 'service charges" within the meaning of- that term as it is used in the Real Property Tax Law, the exemption granted by section 485-b does not include water and sewer rents. \Je should also point out that, notv^ithstanding the foregoing discussion, the service charge concept contained in section 102 (13-a) and related sections (Real Property Tax Law, §§400, 420, 428) has not yet taken effect (see chapter 9^ of the Laws of 197o, postponing the effective date of amendments to the sections mentioned until April 1, 1977). Accordingly, your concern about service charges is unwarranted. In fact, there exists the possibility that said amendments may be repealed before they ever take effect. -3-77-137 Conclusion The exemption provided by Real Property Tax Law, §485-b does not include special assessments, water rents or sewer rents. We trust that the above will be of assistance to you- Very truly yours, ARTHUR LEVITT State Comptroller n ^ /I) ruj Barnes C. Cooper Associate Counsel Bandel/gj Enc. PHIUP S- WINN MICHAEL E. LANE Richard I. Mulvey ATTORNEY AND COUNSELOR AT LAW POST OFFICE BOX NO. 837 319 NORTH AURORA STREET ITHACA, NEW YORK 14850 TELEPHONE AR 2-8686 AREA CODE 607 DRYDEN OFFICE 'A) NORTH STREET DRYDEN. NEW YORK" PHONE 844-8271 December 6, 1977 Walter Schwann, Town Supervisor 126 East Seneca Street Ithaca, New York 14850 Dear Walter: Ed Tubbs wishes to commence building another house in the neighborhood of $50,000.00 on the Coddington Road site and needs the sewer line extended. As you recall the town agreed to do this and I am enclosing a copy of the board minutes. As I understand it,Ed needs the sewer and water pipes installed in order to ascertain his elevation for excavation. Would you bring this up at the next town board meeting. The pipes will^^serve the northerly lot which will probably be built on shortly. I will see you obtain any ease ments if they are needed. If anything else is needed please call me. Thank you. Richard I. Mulvey RIM/ws Enclosure c.c. Mr. P.E.Tubbs 4 IK ^eif^tnw fff Vuzi^ef'^icflt-ttxitt—. ^Vwic A)t p3<lZA^a« ^Rtuto* ,QB»^^ a^fc<^r--t£ar l/vLtir'4zn>umu4is oscMuuf ctuxka, r„srx-grr^ ,-W-V^ JOjSW^. QV-KuJer September l8, 1970 ■■''' ■'- ■'-' ,'s >^>'-;V".' t.v ^i-y • '^\. ■ 4'V- - Mrs. Edward R. Ostrander l460 Hanshaw Road Ithaca, New York Dear Mrs, Ostrander: I received your letter of September l4, 1970, I am not aware that I laughed at anyone, and if I did it was not directed at you, I have never considered Mr. Lucente's maneuverings on Sapsucker Woods Road as anything to laugh at. X have stated publicly several times since I became Supervisor that either the Zoning Ordinance would be enforced or else it might as well be discarded. The Town Board intends to enforce it. There has been no deal on the side ever offered to Mr. Lucente. T he only deal I ever heard of was Mr, Lucente's attempt to sell his proposal to the adjacent property owners last year. As Planning Board Chairman and Supervisor-Elect, I rejected his proposal, I understand your concern and impatience, but since the students only started to move in on September 2, I am unable to understand your demand for action before there has been time to secure the necessary evidence and prepare the necessary legal briefs. The wheels of government always turn slow as I have learned the hard way. I suggest you withhold your condemnation of the Town Board until there is evidence that supports your contention that we are soft on zoning enforcement. Very truly yours. Walter J. Schwan Supervisor ' .■ ■■ ■■ ■ «r'-. ' -T- ' ■ - ,-r . . . '' K % V A'-, WJStbp .-A.A .••••.■ . . , • '--y , v.-"'"'■ - '■ •• y •' •• TOWN OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 148S0 May 1, 1973 The Tompklns County Board of Representatives Budget and Administration Coromittee Court House Ithaca, N.Y. 14850 Gentlei&en: The Ithaca Town Board has adopted the enclosed resolution granting tax stabilization to Groff Associates for 100 units of middle income elderly housing under F.H.A, Title 235 and 238 Federal Housing statutes. The development will consist of 100 one-bedroom units with associated facilities for community (within the project) use. The Tax Stabilization is for middle income elderly housing only or for the life of the F.H.A, mortgage. If the project status changes from middle income elderly housing it becomes fully taxable. The Ithaca Town Board will be the supervising agency. It is the intent of the Town Board that the $&,060.00 annually in lieu of taxes will be shared between the Town, County, and School District on the basis of the respective tax rates in effect at the time that the project becomes taxable. 1973 County Tax Rate $10,625 before sales tax Town of Ithaca 1973 County Tax R.ate $4.20 after sales tax 1973 " " $1.90 ) Q, " 1973 Fire " " $ .94 ) " 1973 School " " $30.74 It II II It It It Tax Rate % of Total Tax County Town School $ 4.20 2.84 30.74 11.2% 7.5% 81.3% Tax on $800,000 Assessed $ 3,360 2,272 24,592 Tax Share of $20.000 $ 2,240 1,300 16,260 Tax Dollars Lost $1,120 772 8,332 The 1973 County taj: rate would produce $8,500.00 of taxes from an $800,000.00 assessed property. However, the sales tax credit of the To\7n of Ithaca is subtracted from the County tax levy before tax bills are computed. Therefore, the County will receive 60.57. of its tax levy without reduction and the tax stabilization applies only to the remaining 39.57. which is billed to the property A -2- The Tompkins County Board of Representatives May 1, 1973 owner. Thus the County receives $5,140.00 in taxes through the sales tax and $2,240.00 as its share of $20,000.00 or $7,380.00 vs. $8,500.00 based on full taxation. The project consists of 100 one-bedroom units for people 62 years old or older. The school district will furnish no services to the project but will receive $16,260.00 annually. The Tax Stabilization does not apply to benefit charges or water bills. The Town of Ithaca will receive $7,300.00 annually from water and sewer benefit assess ments and the 100 unit project will add approximately $5,000.00 annually to the Town's water income and thus to Bolton Point. Assuming a $20.00 per unit benefit assessment for the Bolton Point project, the 100 units produce an additional $2,000.00 annually for that project. Thus the To^th receives $7,300.00 benefit income annually and $7,000.00 water and benefit income annually for Bolton Point. The To\m loses $772.00 of tax revenue annually. At the present time all municipalities in the County are granting reductions of assessed value to elderly people who ovm their own homes and \7hose income is belo\7 $4,000.00 and \dno are 65 years old or older. Why then is it not also fair that elderly people who rent apartments should receive a tax break? Sincerely yi^rs/ WJS/nf enclosure cc - Robert L. Bruce Hugh S, MacNeil Committee Members Walter J. Schwan Supervisor Town of Ithaca i •{. .*v- 0 RIIOLOTIOH CX)lR:SR]riK HOUSIIfG ICR KLDEHLT r.H.A. nojicT no. 013*^031 u)c Eixia HOLIXW ROAD, TOVII 07 ITHACA VRBRRAS, QBOTF ASSOOUTBB, (herein also referred to ae the ^'AWllcant"), have agreed to develop on a Halted profit baals a housing project for elderly persons of low and aoderate Incosie (herein referred to also as the **ProJect") on a plot of land located adjacent to Bills Hollow Road In the Town of Xthaea, Tosq>hlns County, Btate of Hew York, where no adequate housing exists for such persons, whleh project Is to be aided by a mortgage Insured by the geeretary of Housing and Urban Develop ment and aupiented by a prograa of rent supplenents authorised by the Housing and Urban Development Act of I965, or a mortgage insured by the Secretary of Housing and Urban Development assis ted pursuant to Section 236 of Title IX of the National Housing Act, or a mortgage loan made by the Secretary of Housing and Urban Development pursuant to Section 202 of the Housing Act of 1959» end any federal laws amendatory or supplemental thereto, and UHERBAS, CffiOTP ASSOCZATBS Is to fOrv in the Town of Ithae a limited partnership pursuant to Article V of the Private Housing Finance X^w of the State of New York and have irrevoeably dedicated their talents to providing such housing accosasodatlons and other related facilities on a limited profit baaia, and HHiSlBAS, DROFF ABS0CIATS8, in accordance with the X«aw herein referred to, have undertaken the planning and Intend to pursue building a housing project for the elderly containing 100 unlta on the following described parcel of landt ALL THAT TRACT OR FARCBb OF LAND, situate In the Town of Ithaca, County of Tompklns and State of Hew York, bounded and described as follows 1 Kvv>' - 2 - I BEING situftte on Military Lot No. 96 and COMMKNCINO at a point in the eanterline of RXXIb HoXXow Road and its intersection with the easterly boundary of XandB conveyed to GROFF> et aX., by STEPHEN WILLIAM BARNS, SR. (see Liber 479 of ToopKine County Deeds at Page 3X3) and running thence N. 65 55* 00" W. along the centerline of Kills Hollow Road 767.60 feet to a point and running thence K. 30 08' 00" E. a distance of 25 feet to the northerly limit of Ellis Hollow Road, and running thence in a north easterly direction on the arc of a circle with a radius of 2621.24 feet a distance of 329 feet to a point, and running thence S. 65 55* 00 E. a distance of 640.70 feet to the easterly boundary of the lands of GROFF, et al. and running thence 3. 7^ 08* 00" V. 369.29 feet to the point and place of beginning, being 250,048 square feet of land and WHEREAS, the Federal Housing AdmlnlBtratlon, in order to maintain the project's feasibility, has required the aponsors to seek and obtain some form of tax stabilisation or tax relief pursuant to said Article V from the Town of Ithaca, County of Tompkins and the Ithaca City School District upon the above- described real property and its improvements, and WHEREAS, the tax relief or stabilization herein being sou£^t say be granted in the form of an annual payment in lieu of taxes to the extent permitted by Section 125 of the Private Housing Finance Law, said payment in lieu of taxes to be the difference between the taxes which are due and payable on the premises on such portion of the valuation of the property as la not exempt from taxes and the sum of Twenty Thousand Dollars ($20,000.00), plus such additional sums which the applicant may be required to pay, as hereinafter provided for, and WHEREAS, the agreed period for the payment in lieu of taxes is to begin on the day and date that the redevelopment company sponsoring this project is issued a certificate of occupauicy and cos^liance by the Building Inspector or Zoning Officer of the Town of Ithaca, for the above-described real prop erty and certifying that the project complies with all applicable - 3 - I law#, eodea, rules and regulations; said payments In lisu of taxai shall continue for the life of the mortgage or so long as Federal Housing Administration Insurance la In effect and so long as the | company continues to operate as a limited profit organization pur}. euant to the provisions of said Article V for the limited purposef for which it was organised thereunder, namely, to provide housing for elderly persons of low and moderate Income, and WHERWV8, OKOFF A3SOCIAT?3S have petitioned this taxing authority to grant the tax relief as herein dascrlbed, and WHKREAS, the Town of Ithaca, pursuant to the provisions of Article V of tha Private Housing Finance Law of the State of Hew York has the power and authority to grant the relief herein being eought, ! i HOW, THKROTORE, BE IT RESOLVED, That the said real property shall be exempt from the pay-! tm«nt of *11 local taxes, except as hereinafter stated, levied by i ' j- the Town of Ithaca (herein referred to as the Town), th# County I iof Tompklns (herein referred to as the County), and the City of j Ithaca School District (herein referred to as the School Dlstrictj, on real property, but not Including assessments for local improve-* Bents, and subject to the following conditions and provisions, i (1) In accordance with the provisions of Section 125 of ! the Private Housing Finance Law, the exemption from taxes shall I ^ply only to that portion of the value of the property Included In the project herein described which represents an increase over | the assessed valuation of the real property, both lands and li^ro^ ments, acquired for the project at the time of ita acquisition by | the radavelopmant ca^>any in thla project; to th# extant of such ' aaseaaed valuation In effect at the time of the acquieltlon of thel property by the redevelopMnt eo^Mtny, the property ahall reMin subject to the payaent of taxes In the saaie aanner and at th* saaai times as other real property In the Town of Ithaca. ' 1! - 4 - I (?) GHOPP /associates will pay to the Town of Ithac* In each and every year for do long as the property is exempt from the payment of such taxes, pursuant to this resolution and the provisions of the Private Housing Finance Law, an amount which shall be (a) the euB of Twenty Thousand Dollars ($20,000.00) or j (b) a sura which represents 13.455^ of the gross basic rents which | t the Applicant receives as rents and Income from all the units in ^ the project, whichever of the said two sums Is the greater,^less the amount of local and municipal taxes assessed and levied by thjs Town of Ithaca, the County of Tompklns, and the School District on such part of the asacsaed valuation of the real property des- ; crlbod which le not exer.pt from taxation pursuant to the provisions of Section 125 of the Private Housing Finance Law; such sum shall be in lieu of all local and municipal taxes -.vhlch may be levied by the said Town, County and School District with respect to all , of the value of the property Included in the project which represents an Increase over the assessed valuation of the real property acquired for the project by the raievelopment company , as set forth in paragraph (1) above. j It is the Intention cf this resolution that the total amount received by the said Toifli, County and School District In each year from taxes which may be levied on the Applicant's real property and the said sum paid in lieu of taxes shall be (a) the sum of Twenty Thousand Dollars ($20,000.00) or (b) a sum which represents 13.455^ of the gross basic rents which the Applicant is entitled to as rents and income from all the units Ir the project aa herelnabove described, whlchever"af said two I sums is the greater. (3) It is onierstood end agreed that nothing herein contained shall be deemed to exempt in any way the real property herein described from the payment of any and ell assessments for local Improvements including, without limiting the generality of - 5 - ,_•* the foregoing, aseefrsments for all Iraprovewents and improvement dlstrlcte as provided for and deflnrjd in the Town Law (Article 12, Article 12-A, and A*^icle 12-C or otherwise) and from the payment of any sewer rents and water r?iteB as defined or provided for in Article l4-F or the General Municipal Law, Article 1?-C of the Town I.aw, and Article I? of the Town Law (Section 198, aubdtvlsl'^n 1, paragraph (1) and subdivision 3» paragraph (d). (4) The tax period for the first payment In lieu of taxes shall begin on the day and date of th? following events, whichever Is the earlier: (1) the date on which a certificate of occupancy or compliance has been Issued by the duly authorized officer of the Town certifying that the project compiles with all applicable laws, codes, ordinances, rules and regulations applicable to the use and iraprovenent of real property in the Town cf Ithaca and the construction of hcuritng thereon, includ ing, ^^lthout limitation, the zoning laws end orillnajices of the Town, or Til) the date on which the first of t)if' unltB In said project are leased to a person for cccupancy, subject, further to the following: A. Until such date the premises shall be subject to the payment of taxes in the same manner as other real property in the Town of Ithaca which are required to pay such taxes. B. On such date, the Applicant shall pay a pro-rata amount of the annual payment herelnabove provided for, pro-ratad for that portion of the calendar year remaining at that time. Less the pro-rated amount of taxes and assessments pre-pald by the Applicant. I C. Thereafter, such annual payment shall be due and ( payable at the same time and upon the same terms, conditions, t i interest and penalties as are Imposed upon all County and Town I taxes payable In the month of January each year, beginning with • 6 - th« first January following the date on which the flret pro-rated annual payinent was ciadc as provided for in paragraph (A), abovej the oblttatlon to Biahc such payment shall be dc-emed to be a lien 1 i on the Applicant's real property and the remedi s available to i the Town of Ithaca for the collection of such pa:7inent, and the foreclosare of such lien, or other enfoiTerrient or said lien or ^ obllgatlor. shall be governed by anl in the Eaijie manner as pro vided by the Heal Property Tax Iaw of the 3ta*a of New York or i any other applicable law governing the collection and payment of n I such taxes and the remedies granted to the Town in the event of the non-payment or late payment of such taxf»p. i ¨ P, The exemption granted herein Inr and the payment male in lieu of such taxes shall continue for the ii'*e the riortga£;e or so long as the Fedcra.! Housin;^ Adrrl-^ietratlon Ineur- ancs 1.? in effect and only so lor.z as the vorpo-.y continues to operate as a limited profit organization pursif.nt to the pro visions of said Article V and for the liiait*^d purpose for which | It was organized, thereunder, namely, to pr- vide housing for elderly persons of low or moderate Incoire, bat In no event for t more than ^0 years, and for the foregoing limited period, this I resolute t)n shall be deemed tc be a covenant running with the I I land. F. The project must comply in all re'^peots with all piovielons of Article V of the Private Houslrg Finance Law and all Itiws, ordinances, codes, rules and r^crulatlonE applicable to the utie of real property and the constructlor. of buildings and j other Improvemente thereon including, without limiting the gen- I erallty of the foregoing, the building codes and zoning laws and ordinances of the Town of Ithaca and the requirement that the ; Applicant must apply to the Town Board and/or the Planning Board, and this resolution has been adopted specifically on the • 7 - I repMsentatton of the Applicant that It la subject to the opera tion of auch laws and to Ita agreement that it will comply with such lawe In the construction of this project. (5) The Supenrlalng Agency of this project shall be that officer, goeenwental unit, or agency of the Town of Ithaca, as I defined In the Private Housing Finance Law. j (6) The Town Supervisor is authorij-ed, with the asals- I tanee of the Town Attorney, to negotiate a contract with the I Applicant containing the foregoing provisions and such other provlelona as nay be reasonably required by the Supervisor and the Town Attorney to Insure compliance by the Applicant with, and to give to the Town the rights intende'' to be reserved to the Town under, provlelone of this resolution and the provisions of Article V of the Private Housing Finance Law, and such contract shall be reviewed by the Town Hoard p^-ic to its axecutlor.. The contract shall contain adequate provisions to assure that reason- ably adequate transportation facilities, whether public or fur nished by Applicant or paid by project, are available to the occupants of the project to and from the downtown section of the City of Ithaca^ 'if the Town Board shall determine that such facilities are reasonably required. (7) It la understood that the Applicant is not exempt from the payment of eewer rents and water rates as defined or provided for In Article 1*-F of the General Municipal Law (Section 198, subdivision 1, paragraph (1) and sub-dlvlslon 3, paragraph (d)). (8) The contract shall not be executed by the SapervlBor until the consent of the County and School District to the tax •x«mptlon has baar recelvad by the Town, SSSOWBB that approval le hereby granted for participation in the Federal Bent Supplement Program by quallfiad housing ownars of property located In the Town of Ithaca, Toavklna Coanty, State of Hew Tork. C: . 8 . BTATi or imr yqiuc ooonr or TOHnciM imm or rnucA M. I I, Ed*«r<l L. Bargm, Town Cl.rk of the Town of IttaMn, DO HBIUanr CJRTirr, th«t tho forogolng r®«olutlon la « trua and •JtMt copy of « rMolution duly adopted by the Town Board of tho Town of Ithaca at ita ragular aeetlng on Decaabar 11, 1972. Dated I Daeaaiber Ik, 1972 Swom to and subserlbod bofore mm this X4th day of DMsnbor, 197». , , /' / / / '^t. -Jf; j ^f ? n /:Ff n:'i^ J ;fe' c s. 5 July 27, 1973 Mr. William K. Sanford, Executive Secretary The Association of Towns of the State of New York 90 State Street Albany, New York 12207 Dear Mr. Sanford: The Town of Ithaca had a proposal brought to it by a limited profit corporation for the construction of 100 units of middle income housing for the elderly within the Town of Ithaca. J Under the requirements of Title 235 and 238 of FHA, the project had to have tax stabilization for the life of the FHA mortgage in order for the rents to be low enough to meet FHA require ments. The tax stabilization involves a payment of $20,000 annually in lieu of Town, County and School District taxes. The Ithaca Town Board, as the assessing municipality has granted tax stabilization to the corporation for the project. Hoi^ever, there is some uncertainty as to whether we do, in fact, have the power to grant tax stabilization. The reason for the uncertainty is that Tompkins County, by referendum, adopted a County charter which became effective January 1, 1970 and as part of the County charter the County assumed the assessing function for the cities, towns, and villages. It appears that in our case we are able still to grant stabilization because the Town operates as a Town function water and sewer systems and assesses benefit across the board to all benefiting residents. As part of this benefit assess ment we assess directly Tompkins County Memorial Hospital and it is the opinion of the State Board of Equalization and Assess ment that we are still the assessor and are, therefore, able to grant the tax stabilization. I have two reasons for writing to you: (1) To inform you of the situation which has arisen here and which could seriously affect many other towns in the State. 4: : - 2 - (2) To ask, in the event that the County of Tompkins challenges the Town of Ithaca's right in court to grant the tax stabilization, whether the Association of Towns will be willing to lend us legal assistance as part of any such law suit. Sincerely yours, Walter J. Schwan Town Supervisor WJS/elb June 9»197^ Mr. "Hfelter Schwan Supervisor, Town of Ithaca 108 }iast Green Street Ithaca, New York 14850 Dear Supervisor Schwan: On behalf of citizens of the Northeast Civic Association we would like informa tion and assistance on the following matters. 1. We understand that several requests concerning the status of the Lucente case have gone unanswered. 2. We would appreciate a copy of the decision of the Appellate Decision and a transcript of the arguments. 3. We would appreciate an opportunity to discuss this matter of the appeal with the Town Attorney and trust that this can be done within the next two weeks. Sincerely, amie s. Hecht President Edward R. Ostrander Vice President ; June.l4tli, 1974 Mr. Jaxaie S; llecht 1446 Qanshaw Road - Ithaca, New Tork 14850 Dear Mr.-Hecbt: Your letter o£ June.9, 1974 has been received and its contents noted. All legal documents regarding the Totm of Ithaca v s" Lucente will be found in the Town Attorney's Office. I am sure ^pu can make an appolntnient'.to readrihe. deci sion in their offices. They can also copy the decision for you at lOC per page*' It was the decision of the Toira.Board early in the spring baaed on the advice of legal counsel to drop the legal proceeding against Lucent. The chances of > a favorable decision were not good. The appeal has been removed frcmi the court calendar. , We are well aware of V7hat Mr. Lucente is^proposlng to dp. As soon as the necessary information has been dbcxmented we will be in Court with Mr. Lucente to enforce the occupancy provision of the Town SJonlng Ordinance. Sincerely jours. ; Walter J. Schwan Town of Ithaca Supervisor n ' ■i' . wis/cls- , H ■J t f A# Hanshaw Road Ithaca, New York 1^850 June 16, 197^ Mr, Walter Schwan Town of Ithaca Supervisor 108 East Green Street Ithaca, New York 1^850 Dear Supervisor Schwan t Thank you for your prompt response to our letter of June 9th concern ing the Lucente situation on Sapsucker Woods Road. Your last paragraph indicates a pl^n to enforce the occupancy provisions of the Town Zoning Ordinance, It is our understanding that all families have been required to vacate the houses in question no later than the end of June so that students can rent them. We know this first hand. In light of your-decision not to appeal the case to the Court of Appeals we wonder just what provisions of the ordinance you are referring to. Kamie S, Hecht ^resident, Northeast Civic Assoc, Edward R, Ostrander Vice President Northeast Civic Assoc,