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HomeMy WebLinkAboutTB Correspondence 2007 January 6, 2007 Ithaca Town Board Town of Ithaca 215 North Tioga Street Ithaca,NY 14850 RE: Town of Ithaca Draft Transportation Plan - Public Comment Dear Board Members: Town officials, staff, and participating citizens are to be commended for their work on the Draft Transportation Plan. I thank them for their efforts and have the following comments. I support the need identified on page 28 of the Plan for a Planned Bike and Pedestrian Facilities Map, but have concerns about the identification of Route 96 (Trumansburg Road) as currently constructed as a pedestrian and bicycle corridor. I have lived just off Route 96 for 6 years and can testify that it is a busy road. When I first moved to my house on Hillcrest Drive I envisioned walking into the City on a somewhat regular basis. I made the hike a number of times and was disappointed to learn it is a very unpleasant and conceivably dangerous walk. I am sure those of you involved in the plan acknowledge the need for a side\\alk on 96 if it is to be used by pedestrians, but that does not- solve the problems created by the conditions of the road and sidewalk once you cross into the City of Ithaca. The existing sidewalk is right next to a shoulderless road which has a mountable curb to accommodate emergency vehicles on route to the hospital and fire station. I have, on occasion, had to drive up on the sidewalk to allow an emergency vehicle to pass. Large volumes of traffic, traveling at considerable speed, pass within a few feet of pedestrians and there is no shoulder for cyclists. It is not a walk or bike ride that one would choose to make in-lieu of driving, nor is it a walk or bike ride I would encourage my children to make. I realize that the Town does not have the ability to change the conditions of the City's portion of the road/sidewalk but would like to ask the Town to consider obtaining, when possible, pedestrian and cyclist right-of-ways to link Route 96 to the Black Diamond Trail. I ask that the Town, when reviewing possible subdivision or development proposals that abut or are within the newly created conservation zone, consider right-of-ways to the Black Diamond Trail so that it could serve as a pedestrian and bicycle trail for the Route 96 corridor. Once developed. this is a walk or bike ride I believe people would choose to make and I hope the Town will \z ork to connect the Route 96 corridor to that trail. Thank you, Tee-Ann Hunter 107 Hillcrest Drive Ithaca, NY 14850 Page 1 of 1 1/16/07 Copy Town Board Correspondence Mr. Herb Engman, Member Ithaca Town Board Ithaca, NY 14850 January 10, 2007 Dear Mr. Engman, As I reviewed my 2007 Town of Ithaca tax bill, I was drawn to the levy description titled"Ithaca fire V which carries a rate of$3.74 per$1,000 of assessed valuation. The total amount of fire tax to be raised is$2,814,993 which is more than 160%of the Ithaca Town tax levy and, in actual collected tax terms, the fire tax is over 220%of the town tax. I was also surprised to see that the collected fire tax is over 55%of the collected County tax. I've been told that the Town of Ithaca negotiates the terms with the City of Ithaca for fire service. I wonder if we're getting a fair deal given our lack of leverage? With-all-the issues facing our neighboring towns on the issue of fire protection, such as recruiting and retaining volunteers,accounting for revenues and expenses, mutual aid agreements and the like,could the Town of Ithaca take a leadership role in the establishment of a regional fire department that could utilize the existing infrastructure of our neighbors and fund staffing,training and other requirements more efficiently than negotiating a one way deal with the City?A regional approach could retain the valuable and traditional volunteer forces and supplement,with employed staff,where needs are critical; such as daytime coverage, equipment maintenance, preplanning, inspections, investigations, etc. I wonder if the Town Board has any interest in taking a look at this idea or any others that could ensure that were getting our$2.8 million's worth? Respectfully, Larry Sallinger 14 Peachtree Ln. Ithaca, NY 14850 Sunday,January 07,2007 America Online: LALOU 1/10/07 Copy to Town Board/Correspondence file Q Department of Assessment M r 128 East Buffalo Street Valeria Coggin `;�`, Jay Franklin Director I �;f i ! Assistant Director January 8, 2007 Town of Ithaca C/o Cathy Valentino JAN 10 Mt4 215 N Tioga St Ithaca NY 14850 Re: Town of Ithaca Wholly Exempt Owned Parcels The Tompkins County Department of Assessment is reviewing the exemption qualifications for all of the Wholly Exempt properties within the County. The first step of this project is to review the properties that are owned by the city, county, towns and villages that make up Tompkins County. During this review, we have determined that a number of parcels should be consolidated to streamline the parcel database. Also, we have found that a number of parcels need further explanation as to the public benefit that the parcel provides. T., qualify for the wholly exempt status, the property must fulfill two important criteria. One is the nership, which in the following cases is already satisfied since the town is a wholly exempt organization. Second is the property use requirement as outlined by an excerpt from the Office of Real Property Services. "Property must be held for a public use," which means a use that is of benefit to the community at large (see definition in note below). This requirement is satisfied if the property is devoted to use by the general public or public agencies. Land or improvements, as well as portions thereof, which are leased to a private individual or organization are exempt so long as they are held for a public purpose. Conversely, if land or improvements, or portions thereof, are leased to a private individual or concern and used for nonpublic purposes they are subject to taxation for all purposes." The use of the following properties needs to be further explained as it pertains to each parcel(s) being "Held for the Public Use". Individual Properties 23.-1-40 — (Piece of land behind Woolf Lane and cuts in front of Tim Ciaschi's Property) 27.-1-11.5 — Proposed Park? 27.-1-11.6 — Proposed Park? 27.-1-13.15 — Proposed Park? 28.-1-28.226 — Vacant land off of Elm St Ext. T 32.-1-7 —Vacant land off of Culver Rd. 33.-3-1.3 — Land that is currently farmed on Seven Mile Drive. Mail Address: Tel: 607-274-5517 128 East Buffalo Street Fax: 607-274-5507 Ithaca, New York 14850 assessment@tompkins-co.org http://www.tompkins-co,orglassessment/ 36.-2-4.61 — Land off of Compton Rd owned since 1987. 44.-1-122.2 — Land off of Troy Rd adjacent to Park. Please respond to this inquiry by March 1, 2007. We thank you for your cooperation. Sincerely, Jay Franklin Assistant Director of Assessment Department of Assessment 2 January 8,2007 DOCUMENT TRANSMITTAL FORM TO: RECORDS MANAGEMENT FROM: AL CARVILL TRANSMITTING DEPT: ACCOUNTINGIFINANCE DATE DOCUMENT FILED WITH RECORDS MGM'T: WEDNESDAY— January 10, 2007 DOCUMENT DESCRIPTION: LAKESIDE NURSING HOME Budget Officer Worksheets Illustrating the potential real property tax impact to the Town of Ithaca in the event of the Lakeside Nursing Home Bankruptcy and Closure DEPT CONTACT: AL CARVILL RETENTION PERIOD: PERMANENT RENEWABLE DATE: NIA SCHEDULED DESTRUCTION: NONE DETAIL TOWN FIRE WATER SEWER DELQ WATER DELQ SEWER TOTAL CHARGEI AX& UNIT RATE $ 1.26 $ 3.887 $ 54.00 $ 75.00 =-SSED VALUATION $7,350,000 $ 9,261.00 $28,569.45 $ 3,831.30 $ 5,321.25 $ - $ - $ 46,983.00 $ $3,500,000 $ 4,410.00 $13,604.50 $ 3,831.30 $ 5,321.25 $ - $ - $ 27,167.05 $ 19,8' $2,187,500 $ 2,756.25 $ 8,502.81 $ 3,831.30 $ 5,321.25 $ $ - $ 20,411.61 $ 26,5' $2,175,000 $ 2,740.50 $ 8,454.23 $ 3,831.30 $ 5,321.25 $ - $ - $ 20,347.28 $ 26,6: $983,000 $ 1,238.58 $ 3,820.92 $ 3,831.30 $ 5,321.25 $ - $ - $ 14,212.05 $ 32,7' 2001 DETAIL TOWN FIRE WATER SEWER DELQ WATER DELQ SEWER TOTAL CHARGEI AX&UNIT RATE $ 1.26 $ 3.885 $ 54.00 $ 75.00 ESSED VALUATION $7,800,000 $ 9,828.00 $30,303.00 $ 3,831.30 $ 5,321.25 $ 10,646.85 $ 7,940.02 $ 67,870.42 $ $3,500,000 $ 4,410.00 $13,597.50 $ 3,831.30 $ 5,321.25 $ 10,646.85 $ 7,940.02 $ 45,746.92 $ 22,1 $2,187,500 $ 2,756.25 $ 8,498.44 $ 3,831.30 $ 5,321.25 $ 10,646.85 $ 7,940.02 $ 38,994.11 $ 28,8 $2,175,000 $ 2,740.50 $ 8,449.88 $ 3,831.30 $ 5,321.25 $ 10,646.85 $ 7,940.02 $ 38,929.80 $ 28,9 $983,000 $ 1,238.58 $ 3,818.96 $ 3,831.30 $ 5,321.25 $ 10,646.85 $ 7,940.02 $ 32,796.96 $ 35,0' 2002 DETAIL TOWN FIRE WATER SEWER DELQ WATER DELQ SEWER TOTAL CHARGE] AX&UNIT RATE $ 1.26 $ 3.836 $ 54.00 $ 75.00 ESSED VALUATION $7,800,000 $ 9,828.00 $29,920.80 $ 3,833.04 $ 5,323.73 $ 16,577.00 $ 22,228.26 $ 87,710.83 $ $3,500,000 $ 4,410.00 $13,426.00 $ 3,833.04 $ 5,323.73 $ 16,577.00 $ 22,228.26 $ 65,798.03 $ 21,9 $2,187,500 $ 2,756.25 $ 8,391.25 $ 3,833.04 $ 5,323.73 $ 16,577.00 $ 22,228.26 $ 59,109.53 $ 28,6 $2,175,000 $ 2,740.50 $ 8,343.30 $ 3,833.04 $ 5,323.73 $ 16,577.00 $ 22,228.26 $ 59,045.83 $ 28,6 $983,000 $ 1,238.58 $ 3,770.79 $ 3,833.04 $ 5,323.73 $ 16,577.00 $ 22,228.26 $ 52,971.40 $ 3417 SUMMARY DETAIL CHARGE] ESSED VALUATION $7,800,000 $ SUMMARY OF REAL PROPERTY TAX RATE IMPACT BASED ON 2005 FINAL TAXABLE ASSESSMENTS FOR THE YEARS 2000, 2001 and 2002 2000 DETAIL TOWN CHARGEBACK TAX RATE FIRE CHARGEBACK TAX RATE IMPACT IMPACT TAX RATE $ 1.26 $ 3.887 ASSESSED VALUATION $7,350,000 $9,261.00 $ - $ - $28,569.45 $ - $ - $3,500,000 $4,410.00 $ 4,851.00 $ 0.004758 $13,604.50 $ 14,964.95 $ 0.014677 $2,187,500 $2,756.25 $ 6,504.75 $ 0.006380 $ 8,502.81 $ 20,066.64 $ 0.019681 $2,175,000 $2,740.50 $ 6,520.50 $ 0.006395 $ 8,454.23 $ 20,115.23 $ 0.019729 $983,000 $1,238.58 $ 8,022.42 $ 0.007868 $ 3,820.92 $ 24,748.53 $ 0.024273 2001 DETAIL TOWN CHARGEBACK TAX RATE FIRE CHARGEBACK TAX RATE IMPACT IMPACT TAX RATE $ 1.26 $ 3,885 ASSESSED VALUATION $7,800,000 $9.828.00 $ - $ - $30,303.00 $ - $ - $3,500,000 $4,410.00 $ 5,418.00 $ 0.005314 $13,597.50 $ 16,705.50 $ 0.016385 $2,187,500 $2,756.25 $ 7,071.75 $ 0.006936 $ 8,498.44 $ 21,804.56 $ 0.021386 $2,175,000 $2,740.50 $ 7,087.50 $ 0.006951 $ 8,449.88 $ 21,853.13 $ 0.021433 $983,000 $1,238.58 $ 8,589.42 $ 0.008424 $ 3,818.96 $ 26,484.05 $ 0.025975 2002 DETAIL TOWN CHARGEBACK TAX RATE FIRE CHARGEBACK TAX RATE IMPACT IMPACT TAX RATE $ 1.26 $ 3.836 ASSESSED VALUATION $7,800,000 $9,828.00 $ - $ - $29,920.80 $ - $ - $3,500,000 $4,410.00 $ 5,418.00 $ 0.005314 $13,426.00 $ 16,494.80 $ 0.016178 $2,187,500 $2,756.25 $ 7,071.75 $ 0.005314 $ 8,391.25 $ 21,529.55 $ 0.021116 $2,175,000 $2,740.50 $ 7,087.50 $ 0.006936 $ 8,343.30 $ 21,577.50 $ 0.021163 DETAIL CHARGEBACK TAX RATE CHARGEBACK TAX RATE IMPACT IMPACT ASSESSED VALUATION $7,800,000 $ - $ - $ - $ - $3,500,000 S 15,687.00 $ 0.0153857 $ 48,165.25 $0.0472401 $2,187,500 $ 20,648.25 $ 0.0186296 $ 63,400.75 $0.0621829 $2,175,000 $ 20,695.50 $ 0.0202825 $ 63,545.85 $0.0623252 $983,000 $ 25,201.26 $ 0.0232441 $ 77,382.59 $0.0758962 WHAT IS THE IMPACT ON THE 2006 TAX RATE/000 OF ASSESSED VALUATION? TOWN FIRE DETAIL CHARGEBACK TAX RATE CHARGEBACK TAX RATE IMPACT IMPACT TAX RATE 2005 $1.68+ $3.74+ ASSESSED VALUATION $7,800,000 $ - $ - $ - $ - $3,500,000 5 15,687.00 $ 1.6953857 $ 48,165.25 $3.7872401 $2,187,500 $ 20,648.25 $ 1.6986296 $ 63,400.75 $3.8021829 $2,175,000 $ 20,695.50 $ 1.7002825 $ 63,545.85 $3.8023252 $983,000 $ 25,201.26 $ 1.7032441 $ 48,003.14 $3.8158962 1/22/07 - Copy - Town Board Correspondence/J. Kanter ;R)T� MW STATE OF NEW YORK j DEPARTMENT OF AGRICULTURE AND MARKETS 10B AIRLINE DRIVE ALBANY, NEW YORK 12235 Division of Agricultura➢Protection And Development Services 516.457.2713 Fax: 518.457.2716 January 18, 2007 Ms. Cathy Valentino, Supervisor Town of Ithaca 215 North Tioga Street Ithaca,NY 14850 Dear Ms. Valentino: Thank you for your FY2006/2007 Agricultural and Farmland Protection Implementation Grants ,■.�, application. Unfortunately, the project you submitted for funding was not selected. The Department received thirty-nine eligible proposals requesting a total of more than $58.1 million in State funds. Twenty-two proposals were selected and collectively will receive $21.5 million in available grant funds.. We appreciate your interest in assisting us in preserving our State's valuable farmland resources. If you have any questions concerning your recent application or if you wish to learn how your proposal could be improved should you decide to resubmit it in response to a future Request For Proposals, I encourage you to contact the Department's Farmland Protection Program Manager, David Behm, at(518) 457-2713. Sincerely, WILLIAM KIMBALL, Director Agricultural Protection & Development Services cc: Dan Konowalow, Chair, Tompkins County AFPB re%. or •ww vf• Department of Assessment • a « s s + 128 East Buffalo Street Valeria Coggin Jay Franklin Director Assistant Director January 19,2007 Town of Ithaca Tee Ann Hunter 215 N Tioga St Ithaca NY 14850 Dear Tee Ann, This letter is to inform you that the Tompkins County Government Operations Committee has recently discussed legislation regarding Real Property Tax Exemptions. We wanted to bring this provision of the Real Property Tax Law to your attention in the case that your municipality would like to enact this legislature. On January 18,the Government Operations Committee opted not to enact RPTL—485 (e)—Property Improvements in an Empire Zone. This exemption would have allowed for a ten year exemption from real property taxes,exempting 100%in the first seven years of the increase in assessed value due to new construction or rehabilitation of any property in an Empire Zone. For year eight,the exemption decreased to 75%-for year nine,50%etc until in the ..1koperty is fully taxable again in year eleven. Me Government Operations Committee opted not to enact this exemption for a couple of simple reasons. One is that this exemption would apply to any property in an Empire Zone. Countywide,there are approximately 160 residential properties,30 apartment properties and 134 vacant land properties in the Empire Zone. If a developer were construct a residential subdivision on one of these vacant land pieces,the new houses would be exempt from taxation for seven years. Also,if a private individual were to construct an addition onto their house,this addition would be exempt from taxation for seven years. A second reason that the Government Operations Committee opted not to enact this exemption is that if a property is occupied by a Certified Empire Zone Company,this company could be eligible for a refund from New York for the property taxes the company pays. If this was the case,why would the County collect less money only to have the state reimburse the company less money? For the companies that are not a Certified Empire Zone Company,the committee felt it would be an unfair advantage to those companies that are not in an Empire Zone since the County Legislature opted out of the Business Improvement Exemption(RPTL 485b)in 1989. If you have further questions regarding this exemption or any other real property tax exemptions which you may be interested in enacting,please do not hesitate to give me a call. Sincerely, Jay Franklin Assistant Director of Assessment Mail Address: Tel: 607-274-5517 128 East Buffalo Street Fax: 607-274-5507 Ithaca,New York 14850 assessment@tompkins-co.org http://www.tompkins-co.org/assessmentl SUSAN H. BROCK Attorney at Law 306 East State Street, Suite 230 Ithaca, New York 14850 Telephone: 607-277-3995 E-mail: brock@clariryconnectcom Facsimile: 607-277-8042 January 19,2007 Attorney Kathryn Sheingold Office of the Attorney General The Capitol Appeals&Opinions Albany,NY 12224-0341 Re: Town of Ithaca Dear Attorney Sheingold: I am the Attorney for the Town of Ithaca,New York and am writing to request an informal opinion regarding the Town's authority in two areas: (1) Does the Town have the authority to issue fireworks permits for displays that are not open to the general public, such as wedding receptions on private property? (2) Does the Town have the authority to require applicants for fireworks permits to also apply for a Town noise permit? As we recently discussed on the telephone,my preliminary conclusions are that the Town does not have the authority to undertake either of the actions described above. The Ithaca Town Board has requested an informal opinion from your office on these matters. Regarding the authority to issue fireworks permits, I have reviewed Penal Law § 270.00, which makes it a violation for any person to use or explode fireworks except as permitted by that section, or except where a permit is obtained pursuant to Penal Law § 405.00. None of the exceptions in § 270.00 apply to the displays described in question 1 above, so it appears such displays are legal only if they qualify for and receive fireworks permits. Penal Law § 405.00 states a town may"grant a permit for the public display of fireworks by municipalities, fair associations, amusement parks or organizations of individuals." There is no definition of"public display"or"organizations of individuals." Your office's Informal r,•.\ Opinion No. 91-17 states a local government may not issue fireworks permits for the private display of fireworks, and a private display is unlawful under Penal Law § 270.00. Is a display that is not open to the general public considered a"private display"? If the general public has the ability to view the fireworks from nearby roads (but not the property on which the display is -t Attorney Kathryn Sheingold January 19, 2007 Page 2 held),would that make a difference? If a wedding party decided to open the private property to the general public for purposes of viewing the display,would that be considered a"public display"by an"organization of individuals,"and would the wedding party have any requirements to notify the public that the display would be taking place? Regarding the authority to require noise permits as well as § 405.00 fireworks permits, Penal Law § 405.00(5) states"All local ordinances regulating or prohibiting the display of fireworks are hereby superseded by the provisions of this section." The Town has a noise ordinance(copy enclosed)that requires noise permits for events at which loud, annoying or unreasonable noise will be produced. The Town Board may grant or deny a noise permit,or may grant the noise permit with conditions limiting, among other things,the time of day and duration the noise is produced. It is possible that an applicant could qualify for a § 405.00 fireworks permit but be denied a Town noise permit,or be granted a noise permit with conditions regarding time and duration of display and/or levels of noise. Is the Town's noise ordinance considered an ordinance"regulating or prohibiting the display of fireworks"and thus superseded by Penal Law §405.00? I am aware of informal opinions by your office on this topic (Nos. 87-34 and 82-18),but those opinions appear to deal with ordinances that directly target fireworks displays. In the instant case,the Town's noise ordinance is applied to a large variety of sources of sound and is intended to regulate the noise from such sources,which § 405.00 does not do. Thank you for your consideration of these matters. Please do not hesitate to contact me if you have any questions or require additional information. Sincerely, Susan H. Brock Attorney for the Town of Ithaca Enclosure cc: Ithaca Town Board(w/out encl) 2 `1 Al Carvill F m: Susan H. Brock[brock@clarityconnect.com] Monday, January 22, 2007 1:35 PM Cathy; Herbert Engman;Jeff Cowie; Pat Leary; Peter Stein; Sandra Gittleman; William Burbank Cc: Al Carvill Subject: Fw: Lakeside Town Board members, Here's an update on the Lakeside tax issue from Dick Ruswick, the attorney handling the bankruptcy matter for Tompkins County. Susan This electronic transmission contains legally privileged and confidential information intended only for the person (s) named. Any use, distribution, copying or disclosure by any other person is strictly prohibited. If you received this message in error, please immediately notify the sender by telephone at (607) 277-3995 (collect) or send an electronic mail message to brock@clarityconnect.com. In addition, please delete all copies of this message from your computer. ----- Original Message ----- From: "ruswick" <ruswick@danica.com> To: " 'Susan H. Brock," <brock@clarityconnect.com> Sent: Monday, January 22, 2007 11:29 AM SU_bject: RE: Lakeside Susan: There is no update on the tax issue per se. The Berger Commission Report has derailed the current proposed Chapter 11 Plan which has sort of put a hold on this case which already wasn't going anywhere. I don't think the people in charge of Lakeside will try to deal with the tax issue until they are able to resolve matters with the Dept. of Health, if ever. So I don't expect any action on this matter for a long time. If Lakeside closed, that means that it would either do a liquidating Chapter 11 or a Chapter 7. In either case, the debtor/Chapter 7 Trustee could still challenge the tax assessments. However, at that point, there is very little, if any incentive, for them to do that. Any money saved by reducing the money owed would probably just go to other secured creditors. Therefore, if Lakeside closes, I anticipate that one of two things would happen. Either: 1) the property is sold and the taxes (which have a first priority) are paid either in full or at least up to the amount of the purchase price, or 2) the county forecloses on its tax lien and the property is sold through a tax sale. There is a third posibility which is that the taxes would be paid off by the mortgage holders or other junion lienholders, but given the amount of debt involved, I think this is less likely. I hope that clarifies things a little. Dick R. /""IN--Original Message----- Elom: Susan H. Brock Sent: Wednesday, January 17, 2007 2 :59 PM To: Dick Ruswick 1 Dick, Any update on the Lakeside Nursing Home tax issue? Also, if Lakeside closes the Berger Commission requirement, what effect would that have on the qty and Town's ability to recover the owed taxes from Lakeside? Thanks, Susan This electronic transmission contains legally privileged and confidential information intended only for the person(s) named. Any use, distribution, copying or disclosure by any other person is strictly prohibited. If you received this message in error, please immediately notify the sender by telephone at (607) 277-3995 (collect) or send an electronic mail message to brock@clarityconnect.com. In addition, please delete all copies of this message from your computer. 2 Town Supervisor Ithaca, NY 14850 Cherine Valentino 215 N. Tioga Street 607-273-1721 January 25, 2007 Tompkins County Administration 125 East Court Street Ithaca, NY 14850 Attn: Tourism Liason Dear Community Celebrations Committee: The Town of Ithaca is proud to be the home of the Paleontological Research Institution's Museum of the Earth and fully supports the Community Celebrations Grant application the Museum is submitting for their 75th Anniversary Community Celebration on June 28, 2007. The Town of Ithaca understands that if the grant request is awarded, the Town must be and is prepared to accept the grant on behalf of the Museum of the Earth and to distribute it to them as appropriate to ensure a successful event. We are fortunate to have this cultural resource in Tompkins County and hope you will support their efforts in providing an admission-free day to enjoy the Museum. Sincerely, Catherine Valentino Supervisor t"\ ® 307-C Al Carvill F m: Jonathan Kanter Thursday, January 25, 2007 10:00 AM `i... 'HerbertJ Engman' Cc: Cathy; Al Carvill Subject: RE: Benchmark Involvement Hi, Herb: As far as I know, there are no remaining funds available for Benchmark to do any more work for the Town. We also have not extended the agreement for consulting services with Benchmark (last extension went through 2005) . The last time that Cornell agreed to provide some additional funding (to split the $3, 500 cost with the Town estimated for work in 2005 for the one-year extension for services by Benchmark) was in a letter dated Feb. 4, 2005 from Vanda McMurtry specifically stating that Cornell's commitment was for the one year extension ending in 2005. Since there have been no further LSC Data Sharing Group meetings since 2005, there has been no follow-up with Benchmark since then. Any further work that we would ask Benchmark to do would appear to require a Town Board resolution authorizing an agreement with Benchmark for such services, signing of an agreement with Benchmark, and funding (from somewhere) to pay Benchmark. The Town Budget has a modest amount of funds ($5, 000) in "Planning Study" (B8020.406) that could be used for something like hiring Benchmark for consulting services if that's what we want to do, but there may be other things that we would want to use that money for (e.g. , Comprehensive Plan Review Committee, or other special planning studies that may come up) . I hope this clarifies the status of Benchmark's involvement with the Town. Perhaps the Town Board should have some further conversations on the overall issue of water quality monitoring for Cayuga Lake. It sounds like you and Cathy have had discussions with other groups about this, but I 've been kind of out of the loop on this since the last LSC Data Sharing Group meeting in 2005. Jonathan Kanter, AICP Director of Planning Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1747 FAX: (607) 273-1704 email : jkanter@town.ithaca.ny.us -----Original Message----- From: Herbert J Engman [mailto:hjel@cornell.edu] Sent: Thursday, January 25, 2007 8:47 AM To: Jonathan Kanter Subject: Benchmark Involvement Jon, I have been communicating with Kate Hackett as part of my EMC interests. She introduced a possible role for the Town (see below) . I am not convinced this is a good use of what funds might remain for Benchmark consulting. Once the phosphorous removal project is completed at the sewage treatment plant it would be useful for Benchmark to analyze the LSC data, which was the original intent of the funding. What do you think? Herb > PH: V4.1@filter0l m: "Kate Hackett" <khackett@tompkins-co.org> >_ ,: Herbert J Engman <hjel@cornell.edu> >Date: Wed, 24 Jan 2007 10:07:22 -0500 >Subject: Re: Halfman Paper 1 >Reply-to: khackett@tompkins-co.org >Priority: normal >X-mailer: Pegasus Mail for Windows (4 .31) >X-PMX-Version: 4 .7.1.128075, Antispam-Engine: 2.5.0.283055, Antispam-Data: ?XUQ7.1.24.63932 ?MX-Version: 4 .7.1.128075, Antispam-Engine: 2.1.0.0, Antispam-Data: >2007.1.24.45433 >X-PMX-CORNELL-SPAM-CHECKED: filter0l >Herb, >I just checked for it as well and didn't find it. I called the Network >and will get back to you as >soon as I get more information from them. Thanks for the heads up on this. >On a related note, is there a time that you and I can meet to talk about >about monitoring in >Cayuga Lake? Cathy Valentino mentioned that the Town might still have >some time >contracted with Benchmark Engineering and I thought that they might be >able to help this >community effort to to develop a monitoring plan for the southern end of >Cayuga Lake by >providing some input on what should be monitored in the southern end of >Cayuga Lake. I >think that the WRC/CU working group should have a preliminary plan to take >out to the public >in the next couple of weeks and Benchmark might be a good entity to >provide some feedback >on the initial draft of that plan. Any thoughts? >Mte > >On 23 Jan 2007 at 14:18, Herbert J Engman wrote: > > Kate, the flyer for the upcoming session on water quality in the Finger > > Lakes says Halfman's paper can be found at the website listed. I couldn't > > find it. Can you give more of a path to the paper? > > Herb >Kate Hackett >Senior Planner >Tompkins County Planning Department >121 East Court Street >Ithaca, NY 14850 >Email: khackett@tompkins-co.org >Telephone: (607) 274-5560 >Fax: (607) 274-5578 eo**\ 2 2/6/2007 COPIES GIVEN TO DAN WALKER, CATHY VALENTINO, BOARD CORRESPONDENCE RUSSELL E. RUTHIG ATTORNEY AT LAW FEB 6 2007 HSBC BANK BUILDING 36 MAIN STREET P.O. BOX 866 CORTLAND, NEW YORK 131145 PH. 607-753-3551 FAX.607-756-8768 1;\l:ul Rut Z&.cl: 1yconnect.eom l-cbruary S, 2007 Supervisor Town of Ithaca Town Hall 215 N. Timm St. Ithaca, NY 14850 Re: Scott W. Flatt Park Lane Sewer Easement Dear Sir: ,., I write on behalf of my client, Scott W. Flatt of Cortland. Mr. Flatt is the owner of premises known as Lot A, Barbara Quick subdivi,iR)n located on Park Lane in the Town, on which he is constructing a new single-family residence. Enclosed herewith please find the following with respect to this Lot: a. Copy of a 1994 deed from Barbara P. Quick to the Town of Ithaca conveying title to the Town highway now known as Park Lane. As a part of that conveyance, at paragraph 4 of the legal description, and as shown on the subdivision plat attached to the deed, the Town was granted a 20 foot sanitary sewer easement over Lot A extending southerly across the lot; b. Copy of the survey of the individual lot purchased by my client made by the same surveyor who completed the plat map, which survey also correctly reflects the location of the intended sewer easements as were granted by the deed referred to above; c. Copy of the final plat locating the"as built" sanitary sewer entirely on the east side of the gas line easement and therefore, well outside of the deeded municipal easement. My client discovered the problem when he excavated for the foundation of the home. The discovery of the sewer pipe where it shouldn't have been necessitated substantial and expensive revisions to the house plans, caused delay in construction, and otherwise diminished the value of the real property owned by my client. In addition, the now discovered error renders title to the lands unmarketable. Supervisor, Town of Ithaca page 2 January 4, 2007 Re: Sewer Easement, Park Lane Mr. Flatt does not seek the relocation of the sewer pipe into the easement area, as such would be extremely expensive to the Town, and would further disrupt the construction of the home. Rather, he would propose to sell the Town a properly described easement over the lands where the sewer line was built, in exchange for the re-conveyance to him of the easement area which was not used by the Town. Please have the Town's attorney contact me in this regard. V trul yours, ussell Rut RER/PJ cc: Scott W. Flatt �1 \Y .E. -F x'. '..'^."uT_Ow.h`'..x,-;-='L _ -- - _--- �' ,M'• _.'� 'ay�rp�r r.�" �. y. �1`" - y S�'' 5�' �o�ra': C is-rz Is �. /:ice , ��f o RAS-400-00.- Q _ ra ,[[[[ARC-71.24' P_ � \ II wwa+oC t OiRD-71.14.' LOT D3 \\\ `e na- w o M O i'11-53'E L.'ON —176.'.. EM 10 0a Z► t cF.4 _ E45, 3r__ :3 iM `�r'�c�. BE!?FR# SRO) W O $� 4 r r K 52 L..T�9fP.� `� �A S �► p C ^'" O t< � :7 mea; �, ep 56-df3-.13:4 . LOT A9 �� '93 p6• p S., SECT 4 3 =tg. >0 _ ..¢ PRELIM ' '� . iQ(3 21. ��, e� F 15038' SF `. /� d3 ' 3 } 1 t r 5A ' .[ i4;s8'Di 3O E `ga 03 $ 4fi,. 3.93' t LOT Gar. • LOT A8 SECT.4 f �3a 1 _Q*j. . Sl• 07- �: 3 E5W SF �p�. S W104 SIF . *� -sy.�tr 'SRC t .3e' x r r.- qt � U) _' i• If, % o Ofli4�. LOT G4 r. \ %. 59� P.- OIL *' 3ECT 3 N i:�1!'.f ►7 [!- 19697 SF w % # 20035 $F4-03 sy{•' a t.97 Q Rpt-270 Aac.AS7 40 low -2 Aw LOT IL 5 f�. ,2' ' + k�x_, SF �Rb 220; SECT 4 � SE LE /Q ` 1 'II I S708 $F 22 Y LOT A3 _# 26'55 �/` Ol �•, �o a u' �ba ti`.. -SECT +r 1 }REL i tN LOT Vis, ,Q s4a� 'nCl 127 a�' � �• yd � � 1 LOT A2 �.. �.• 0 SECT 4 24940 SF 2IS .r _ - -.t SECLOT Al 'R SECT 4 � \\ ��..� � � _ 24TD'! 5F • f. w+wr�4.✓.Ma..M...p...ww..Y.Y�4�.r.1Yw+.,..rpwY.w .... A# sn�tr ls 4 4`9:b1 IR.f (3ae'�r,yp i WARRANTY DEED a WITH LIEN COVENANT THIS INDEMURE made this 221 day of 1994,. ~. k BMWEEN: BARBARA P.QUICK of 1364 Slatervilte Road,Ithaca,Now York 141134 it pay of the first part k and TOWN OF ITHACA,a municipality of the Stat;of New Yak,of 126 Bast Seneca$tenet.Ithaca.Now York.14M ply of the second port, WITNESSETH.that the party of ft rust part.in consideration of One and 001100 Dollar ($1.00).lawful money of the United statm and other good and valuable c oastdersdom paid ty € the party of the-second part.-does hereby grant and release rnrto•the"iH the second part.its ' heirs.successors.legal representatives and assigns forever. ALL THAT TRACT OR PARCEL OF LAND situate in dw Town:of Ithaca,County r of Tompkins,State of New Yank,being tocated on Slatervillo Road,being buended to be an extension of Pack Law and being more particularly 4escribed an Mod*A annated. r� TO HAVE AND TO HOLD the premises herein granted unto th;panty of tate second ' pan its heirs,soccenors,legal repr septatives and assigns fo over. AND said party of the RM pari covenants u follows: i said isca. FIRST: That the parry of the aeeasd part:heti quietly enjoy the prom ism That said party of aha first part will forever wamM the title to said premiss. THIRD.- That.in compliance with Seed"13 or the Lke Law,the gr4nw will Mive the consideration for this eonvoyaince and will hold the right to receive such considetRiotr a a trust fund to he applied first for the parposa of paying the cost of the improvement and Wm' . apply the am rust to the paprhm of the oat of the improvement bdoce using my t"of me total of the same for.any other purpose. ' IN WITNESS WHEREOF.the party of the first pari has hemninto set her band and seal the day and year first above wdittea. IN PRESENCE OF. REALESTATE But"T.Qttlrsr NOYI$ Nit t TANBSMRIAX IV, '. a 1. - «..�.-....�•...........�..�,......,......►.�..........r......�....••.......,....�w,..+.....,....... . A'�C.':,'!�lMS��Y.►�fikEY��"'1<. MC/tRia7liPD1U113ttfa4GD0�'r..,q zaC-... .:.a.er:�r+.. :•.i•.,e• .,•,. .. t14-740 to 2 : �.t,.t�s,a.a,..w►s.rwrr�r ' SCHBDi=A ftMyibeing eeewlved by Barbara P.Qrht to the Tewe of hkeea ALL THAT TRACP OR PARCEL OF LAND located in the Town of lthnca.Tompkin Canty.Now York being chore patilculady described a follows: Cbwmencing at a point In the northeasterly line of Rothe 79.Slaterviile Ro4 whWlt polat of beginning b south 40.54'I3'an IM fixe from the most so twWrly coater of premises eommyed to Theodore A.English and Deborah L English by deed of Barbara P.Quick dated June 30,1977.recorded In the Tompkins County CkMc's office in Book 558 of Dads at Page 931: running thence north 49.47' 11'can a distance of 157.60 feta to an iron rod;running them on a slight curve to the left with a radius of 160.0 fect.chord boating north 48.26' 17' an.a chord distance of 7.53 feet and an are distance of 7.53 feet to an Iron rod and cap;running thence on a furdw curve to the lett with a radius of 160.0 Wet.a chord besrtag north 12. 19' r� 07'oast a chord distance of 182.30 feet and an are distance of 194.20 feel to an iron rod;running thence north 22.27'09"west a distance of 169.18 fix:(loan iron rod which iron rod 13 in the boundary of promises owned by the grantor and premises reputedly owned by William Frandsen (690 Deeds 690);hinning thence north 82.46'47'west along the Frandsen boundary a distance of 103.86 feet to an iron rod:running thence south 27'SW 00'east 164.26 feet to an iron rod; running thence on a curve to the right with a radius of 190.0 feet a chard bearing south IS'56' Ur west and a chord disusnoe of 262.89 fixe an arc distance of 29t1.33 fret to an iron rod; running thence south 59.43'0Il"west 190.0 feet to an iron rod set in a north tine of Route 79 which Iron nod is north 40.54' 16"west along the north line of Rout 79 a distance of 196.41 feet from a highway marker;running thence north 40'54'14'west along the north litre of Routs 79 80.o foot to the point or place of beginning. I It is theIntention of this convoyance to convey the promises shown as'Park Lane"on a map entitled'Subdivlsiin Plat, Owner. $arbara P.'Quiek' matte by Stockwin Surveying. dated(ktober 21, 1993 a copy or which i nqp was filed ill the Tmpkins County Cle's Office on September 30.1994,in map drawer X.page 17. Together with the following. i 1. An easement for slope maintenance along the west line of Park Lane,bounded on the east by Paris Lam on the southwest by Now York State Route 79,and on the west by the following line: Commencing at a point located 15.0 feet north 40.54' 13'west 3 , I r...w...nreww.ru rlrro, j I f . • isto 740 Fli $ fuer the paint of booming of the description of Park luta set forth above:running thence north 39'?S'04'cast 167.47 feat to a point;running thence north 19'.29'33'east 176.91 feet to a pant in the-nestorly.line Park lane. . 2 M casement 20.0 feet in width for the construction.maintenance and replacement of a.diversion ditcb as shown on said map.running southeasCerly from the southeasterly lino of Park Lane and substantially parallel to Ronne 79 to the southoastcrly boundary of premises owned by the grantor. at casement 20.0fcet in width for the construction and maintenance of a sanitary sewer line as shown on said subdivision map which easement nuns Southwesterly frim the westerly tine of Park Lane to the approximate northerly corner of promises conveyed to English by the deed referred to above.said esscment;being . 20.0 feet in width the centerline of which Is the Somal centerline of the sanitary sewer as located. f^ 4. M easement 20.0 feet in width for the construction and maintenance of a sewer ' line as shown on said subdivision map which easement runs across grantor's '• !� property starting at a point In a northerly line of the grantor's Prof"which paint is located north.g2'46'47'west F S feet to t northwest ctxrxK.of Pail Lane as described above.said easement running thence soultiony to Intersect with ;$ ' the sewer casement referred to In paragraph.3 above: There is also granted an additional 13.0 feet an elther aide of said Sewer,eascment for tl4 purposes of ; cainstrtx ting the Sewer line. k The muter easements granted above are'for the purposes of constructin& f maintaining,repsirtng,and replacing sanitary sewer floes and related Willies Including electrical lines.pumps,and metering devices and are granted In perpetuity w the grantee. to granting the a soments herein grantor agrees.for herself:her bels.successoel and assigns,not to construct any improvements on said easements now as the saltie may be approved by and ednaented to by the grantee. Subject to the following insofar as the 3404 may affect the Shave desaibed proatis= c 1. M easement for a gas pipeline granted to New Yak State Mectrie and On Corporation by instrument dated J*22,1932,recorded Oeoaaber It,1932 la add clerk's office In Book 334 of Deeds at page 317. , 3. M easement for a pa pipdime gemted 10 New York State Mechic sad On 4 i.IF, •1 .. ww • , �� .rrr.wu..��..+•.wr..+.wv+*- ....+�•w��w•.w.r.w.r�rwr.aaa.ua..,._y � •t t 1 . tim 740 nla>; 4 pray wd1w�4+a.tw+axrw Corporation by kswament dated August 31L 1956.recorded October 30. 195610 add dlerk's offfoe in Book 392 of Do*at pace 483, Gnaw,In accepting this deed,agrees to permit grantor to dire a curb cut on the easterly aide of Park Lane as described above to provide access toremaiRft lands of grantor to do east of Park Lane. The location of the curb cut Is to be substantially when the'rip np'is shown on the above mentioned subdivision map. Being a portion of the promises described in two deeds: first,a decd from Blum Palmer Dunlap and Maude P.Hungerford to T.Raymond Palmer recorded in said clerk's office to Book 181 of Deeds at page.219.and second,a parcel of femur railroad property conveyed by Florence Bart to T.R.Palmer by decd recorded to said cterk's office In Book 308 of Deeds at page 517. T.Raymond Palmer died intestate AMU 9.1962.leaving as his only heirs at law and neat of kin, Vivian L Parker,Raymond A.Palmer,and Barbara P.Quick. Vivian L Parker and Raymond A. Palmer conveyed their Interest in the premises described in said deeds to Barbara P.Quick by deeds dated and recorded respectively March 25.1966 in Book 466 of Deeds at page 736 and March 21. 1966 in Book 466 of Deeds at page 741. i 1 . 5 ' � •.r•.VrrY'x.r..N..q+r•.gnM�.ww«.vbypA•nIL.. ..iVnG..•+..ilMwglorw .� im 740 rm 5 t STATS OF NEW YORK ) COUNTY OF TOMPKDM On ft n day ota 1994 mi rm*the PAKdW,pertnoatty appearod Bwbwm t Qokk.oo toe hiD+ira t4 kW=to me to be do arms Pmw described k and wbo asowd the ta+AM it mM and rhe duly adoamkdSW to nm that ft U=Wd dt UWL 1 Tamum cow t ' oath.. ....�0.:!:. .,.a........./! �N. �» ..o tam...!`��IQ..........i...... � pop..... 4 e i 1f cl_q '• a '�� Uw wit 6 r 3s li�fa�S q j,L'S.: a 1 - •{ j U JIJ,, g sd_iI 'All 1519 Y�� rf, i� /� �/li� �y}4 •• • aJIL��i-•a p i d f y iia o� Re. �\ �'�_:'}5ti ifs=+�"•Y`'��+Il1i��llJ'�;�r „a 'I � HA'� �� `I ��,�� (� a 4 . Tti Op p4 dTR•♦ _ O� p41,,,� T L�` • ` L 428.5•ALONG STREETLINE •• TO M ONUIRW POIXID ON H I OKAY BOAMARY OF • dT SLATERVILLE ROAD • REFT�I� HYDRANT • 6 VALVE. Pool,% FOUNDy MANHOLE ROD/CAP 00. 40-03- 13.2 �T ' • FRANDSEN LR01 \ FOUND L.690/P.680 — ROD/CAP Ilb 'A 20*WIDE SANITARY g ^ \ \ SEDER EASEMENT MANHOLE V GAS LI BURIED OAS LINE MARKER NY�SEG L.3921P.4e3 LOT - B FOUNDGAS LINE 56-03-26.4 IRON ROD / MARKER OU I CK IRO) � T4gY DOC 2514-6248 FOUNa O l RCD/CAP LOT OAS VALVE h GAS -F IELD 0.763 A C R Z S ` REGULATOR' • 'g 33247 SQ P M 1 MANHOLE iJI Zia 199.55' FOUND �p (-N 4 2®*0S W - 59-03-13.2 IRS 8 LOT NUMBERS REFER TO MAP TITLED FRANDSEN (RO) a �+. 'RC QUICK SUBDIVISION' LAST REVISED L.629/P.680 5/02/96 MADE BY THIS OFFICE AMD FILED 1 AT TOMPKINS COUNTY CLERKS OFFICE IN 56-03-26. 1 DRAINER 'VV' - MAP NUMBER 10 KANE (RO) 11 INST 460975-001 LAOS OF: BARBARA P . QUICK „ mm oym PARK LANE - TOWN OF ITHACA - TOMPKINS COUNTY - NEN YORK STATE y P.0. DOC 2514--624182 Page 1 of 1 Tee Ann Hunter Subject: FW: Town of Ithaca Open Space Plan -----Original Message----- From: Tony Del Plato [mailto:tonydelplato@gmail.com] Sent: Wednesday, February 14, 2007 10:01 AM To: Cathy Valentino; Will Burbank; Herb Engman; Pat Leary Subject:Town of Ithaca Open Space Plan Dear members of the Town of Ithaca Board: As a resident of the Town of Ithaca,please consider the following when you update the town's open space plan especially considering the impact of your decisions about the 22 acres around Sapsucker Woods: The Town's Open Space Plan (adopted by the Town Board in the late 1990's)recommends some of these woods for conservation zoning. The woods south of Cornell's bird sanctuary are part of Unique Natural Area 106. There are sensitive wetlands here that need to be protected with adequate vegetative buffers. Briarwood II lacks cluster development that ought to be preferred by the town. The county's Natural Features Focus Area Project lamented the way recent development has encroached upon Sapsucker Woods--a famous and important wildlife sanctuary. Drainage problems in the Northeast will be exacerbated by further development, and the town ought to address the area's stormwater and engineering problems in its comprehensive plan. Thank you for your time and attention, Best Tony Del Plato 17 Penny Lane Ithaca NY 6970248 Of all the enemies to public liberty war is, perhaps, the most to be dreaded because it comprises and develops the germ of every other. War is the parent of armies; from these proceed debts and taxes ... known instruments for bringing the many under the domination of the few.... No nation could preserve its freedom in the midst of continual warfare. —James Madison, 1795 2/15/2007 TIME WANNER CABLE February 18,2007 Dear Time Warner Cable Municipal Official: We're notifying customers o'f changes to some components of our service effective April 1 (2007) and on the back of this letter, have copied the rate panel from our upcoming subscriber notice detailing those new rates for your area. Customers will receive notice by next week,as we're required to provide 30 days' notice of any rate change. Due to packaging of our services and extensive bundled discounts, I'm pleased to tell you that many of our customers will see an increase of less than 3% on their core packages this year. Our average effective rate increase over our entire customer base is just 3.5%. We are not changing the rates for either our high-speed Road Runner service or our popular Digital Phone service,and we have NOT increased our equipment rates since January 1,2004. Taxes, fuel and power costs impact all of us individually and as a business the impact is even greater, but there are other costs associated with providing cable service that we do not control, and our programming expenses (our payments to satellite-delivered networks for carriage) continue to be the greatest component of our annual rate increases. However, we are confident that cable continues to deliver great entertainment value, and the investment in cable network programming has led to higher viewership and appreciation of these various networks. Both of our largest satellite competitors, DirecTV and DISH Network,had previously announced 2007 increases: an 11% increase in DirecTV's"Total Choice" package and 10% increase in its "Total Choice Plus," while Dish Network is boosting its America's Top 60 Plus package by 14%. Unlike cable, satellite companies are not required to provide customer notification and rate increases are rarely, if ever, covered in newspapers. Satellite charges an extra monthly fee to receive local broadcast networks,while we don't even charge for the high-definition signals of those broadcasters that we offer–and satellite doesn't even offer those local HD signals to your constituents! Time Warner Cable pays local taxes,provides local jobs, sponsors local events and contributes to local charities. We do business with companies in the area and provide an advertising outlet for other businesses. Time Warner Cable provides complimentary cable television and high-speed data service to schools and public libraries. Time Warner Cable is working hard to remain responsive to the needs of our customers, including flexible appointment scheduling, efforts to restore service quickly when faced with a service outage, Parental Controls on our set-top boxes, and providing even more on-demand content that our customers enjoy. Today,more than ever,our customers are subscribing to packages which include more than just video. Our customers are choosing their television/telecommunication providers based on the price and quality of the entire package—not necessarily the individual prices of its components. We have shown many customers how they can, in fact,save money with our packages–and are using this notification opportunity to communicate those savings opportunities to them. For the first time, we are increasing the rates for our"All the Best" package(featuring video, Digital Phone and Road Runner) by one dollar, from $124.95 to $125.95. Our"Talk and View" package (video and Digital Phone) increases from $91.95 to$93.95/month, while our"Get It All"package(which features all of our available video services, plus Phone and Road Runner) will increase from $154.95 to $156.95. All other rate changes are reflected on the panel on the back of this letter. As always,this notification may raise questions and our local employees are available and eager to assist customers to understand these changes. In the meantime, don't hesitate to contact me (Jeff.Unaitis@twcable.com, or (315) 634- 6242)if you have any questions. Sincerely, w +x Jeff Unaitis V.P.Public Affairs I un Rates are effective April 1, 2007 and will be reflected on your April Statement. CABLE RATES CURRENT NEW INSTALLATION RATES B::s!c S 16.42 15.46 Stanc::r•b Install'Reconnect �m�_lard Seri(:e 35.58 39.97 (PI ed home) 33.74 Total 52.x0 55.43 Standard Install Umvired home) 50.51 =rJl D�•�i al Cable 12.50 13.50 i-io„alp Ser,ice&arge 42.96 Vo"-ePak 4.00 5.00 AcdtiviralOoaetua 22.10 mnnthy charges - '.I C rrc of Initial installation A[xb uii it Outlet(s)-separate trap 34.06 PACKAGE RATES CURRENT NEW Digital Explorer Pak 57.95 58.95 (DigiPic 1000) EQUIPMENT REPLACEMENT COSTS Digital Tenninal(converter) 205.00 ADDITIONAL RATES CURRENT NEW HD Digital Terminal 258.00 HBO 11.95 12.95 D gitcl Vir o Recorder(DVR) 330.00 Cinemax 10.95 10.95 "la Dkiita lydeo Recorder 380.00 Showtime Unlimited 10.95 10.95 pemxne Control 7.00 Starz 7.75 8.75 Pza'Ilential tilodem 39.00 DVR Service 6.95 7.95 f'1irt'.Irss Ycd::m 99.00 Cable Card 3.14 2.93 �i;]ttr='�Piro,ei��!or��n 113.00 �rl,dharg� Cable aid 63.OD Q�gltal Tc'f'nieal e.r red ir,oder to nturrr a chan�elc: Ir serdce> _,and chaq;es awly:o slznd.:rd and srn ce. ,.^i Federal regatatory fees. xrrda �' �� �i`��" _ r�'j d •.l G�j��i ,��,J�.Lt��'�i�,��*,�„�'�'1.�l�� �.Iti ='�_......u�� _� I 4 t q y .-- INCLUDES: INCLUDES: INCLUDES: Digital Phon.- St.3ndard Road Funl:ii=ligh-Sneed Dgitc,l Phore,Road Runner Service.Digit ,we Terminal Onk E3'f;'.ic&Stan:i;frd High-Sur-.f.,d Online PL:! L: <, uy th I ;I, Dig,t it Na '_ator, Service ©yt,'i Home T.:minal Stt.-iA3ld S:1�1ce,Dpi:.I ^.le i :'rv,CX,6;,e,P-.k with reg ^;..: ptor. Terminal with rE: I Navigatnr.ard+i Irk tt� 101� $a�C �F 0,5W � ^-a_r._ces_r_..:"�,:� ,.c ��:c�r�c�cr^:� - .., .. ..... .., .. .,s o❑:en¢,m w-th 2oc'on' :-r,- h ,I.,ec ti,l cru::. +.rrp,: _ _as can•_ ect�r. � _stet_.I s r_d rte- .:c Jls, d��,�,al c,not r.:I_d,h..cRuo Uo, r,aj aeit I'llof ncl:i_.. _ or "me r:,,rr..C:d_ the r,gha to tl ly`eam:e aj of'_,a. ,I rest�.rU n.,y^p.y „J 1 t.,el dgital hone terminals are valmle o.nn n;.emcr Int fn, Offer r^.a7 net�_c,�rnh nrd s c''^nr c0i .,_, _ _cc_not,JALJ fraSiete and Fedemi rqulatory fees. CFTC �� 1 ' L 0 -7 Douglas Dean Osheroff Phyllis Liu Osheroff FED 26 W 75 Ranch Road Woodside,CA 94062 Tel: (650)851-0525 Fax: (650) 725-6544 E-mail: 12lo@Dstanford.edu(PLO) Osheroff@stanford.edy (DDO) February 21, 2007 Ms.Tee-Ann Hunter,Town Clerk Town of Ithaca 215 N.Tioga St. Ithaca,N.Y. 14850 Dear Ms. Hunter, I enjoyed talking to you on the phone the other day about the mistake on our marriage license.My husband Doug and I were quite fascinated by the idea of marrying again for the sake of having the correct license,as suggested by your contact at the N Y State Department of Health. I talked to one of the people at the County Clerk's office in our County in CA. She wondered why the correction could not be done as Ms.Arleen Meres(Head of Marriage Corrections at MY State Health Dept.) assured me on the telephone. She said that this is done at their office quite regularly even after years of a couple's marriage. However, she did not like the idea of us getting married again.When I asked her about the legality of such a SCCOTid marriage she said that it did not sound right to her. Anyway, I just received the Affidavit for Correction of Marriage Record from Ms Arlene Meres, and will probably give It a try despite the trouble of getting the documents of prove notarized. I just want to let you know how appreciative I am for all your help. Best regards, 13 �y ;(1 -0�-c Phylli L. Osheroff I � 7 �xracspa MAR - 2 2007 STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION REGION THREE 333 EAST WASHINGTON STREET w SYRACUSE, NEW YORK 13202 www.nysdot.gov CARL F. FORD, P.E. ASTRID C. GLYNN REGIONAL DIRECTOR ACTING COMMISSIONER March 1, 2007 Ms. Tee-Ann Hunter Town Clerk, Town of Ithaca 215 N. Tioga Street Ithaca, New York 14850 Dear Ms. Hunter: RE: REQUEST FOR LOWER SPEED LINIIT ON CODDINGTON ROAD Thank you for your February 21 letter requesting a school speed limit on Coddington Road for the Coddington Road Community Center. A formal investigation will be conducted at the subject location. The Department has begun a new initiative to be more responsive to you, our customers. To carry out this initiative, we encourage you to submit any information which may be helpful in our investigation. This may include petitions, letters from the public, accident data, maps, etc. This information should be submitted to my office at the above address. Please be aware that our revic�N! requires sufficient field investigation and analysis to assure a proper response. Upon completion of the investigation, you will be notified of the results and our determination. Your interest in this matter is greatly appreciated. Ve truly yours/, d- v DIANA L. GRASER, P.E. Transportation System Operations Engineer r cc: W. Sczesny, County Highway Manager C. Valentino, Town Supervisor M. Koplinka-Loehr, County Legislator, District 11 T. J. Joseph, County Legislator, District 12 OF jT,�99 TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us TOWN CLERK 273-1721 HIGHWAY (Roads, Parks, Trails, Water& Sewer) 273-1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 March 5, 2007 Mr. Eric B. Perkins IT Investments & Enterprise Solutions Directorate Policy, Practice and Architecture Division Virginia Information Technologies Agency Commonwealth of Virginia 411 E. Franklin Street, Suite 500 Richmond, VA 23219 Dear Mr. Perkins: Attached is a template of the Town Clerk's Records Management database. It contains a table of maps that we were unable to delete because it is linked to an active map database. (We did try; it wiped out all the information, and our network specialist had to retrieve the data from the backup file. If you know how to fix this, we'd love to learn.) Also on the CD is the manual for the database. If you have theory and application questions, please call us here at Town Hall. If you have programming questions you may contact John Coakley at icoakley(a)-marlboro.edu. We'd love to hear what you think about the database, and if it's the basis for something you develop we hope you will share it with us. And finally, I'd be interested to know where we could get a copy of the "Managing Government Records" in which you read about us. Good luck managing those records. Regards, Tee-Ann Hunter Town Clerk OF 17, TOWN OF ITHACA --- 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 �,w X04 www.town.ithaca.ny.us TOWN CLERK'S OFFICE PHONE (607) 273-1721 FAX (607) 273-5854 March 9, 2007 Dear Government Students, Thank you for allowing us to attend your class and see the budget simulation in action. We were pleased to see how well everyone understood the budget process and the roles elected officials, staff members, and the public play in arriving at a municipal budget. The views you expressed are shared by many in the community. We hope you enjoyed this exercise and are encouraged to participate in your local governments. We would love to hear any comments you may have and hope you will invite us back. Regards, Catherine Valentino Tee-Ann Hunter Carrie Whitmore Supervisor Town Clerk Deputy Town Clerk STATE OF NEW YORK-DEPARTMENT OF TRANSPORTATION TRAFFIC AND SAFETY DIVISION STUDY No.: 3C/0054 I NOTICE OF ORDER FILE: 50. 1L-loc TROOP: C MAY 2 2007 TH2 DEPARTMENT OF TRANSPORTATION HAS FI LED AN ORDER WITH THE SECRETARY OF STATE WHEREBY: SECTION 1650.12 SUBDIVISION (d) .- PARAGRAPH OF THE DEPARTMENT'S REGULATIONS IS ADDED ❑AMENDED to read as follows: ❑ REPEALED (d) 35 MTH on Coddington Road, CR,u9, adjacent to the Coddington Road Community Centex, between Updike Road and a point 0.2± mile south of Updike Road, a distance of 0.2- mile, during the hours of I a.m. to 6 p.m. on school days. The above order will be effective upon the installation, modification or removal of the necessary traffic control device (s) required by and conforming to the State Manual of Uniform Traffic Control Devices. _3/28/07 APPROVED BY: s� •� Regional Traffic Engineer (DATE) (SIGNATURE) iTITLEI DESCRIPTION: Order establishes a 35 ',!PH school speed 13-mit on Coddington Road in the vicinity of the Coddington Road Community Centex'. COUNTY: Tompkins LOCALITY: Town of Ithaca OTHER RELATED ACTIONS t NONE ❑ (Identify) cc: ❑ CITY ❑ POLICE DEPARTMENT ' ❑ VILLAGE ❑ SHERIFF ® REGION 3 TRAFFIC ENGINEER TOWN ] STATE POLICE ❑ OTHER Q COUNTY SUPT. ❑ PERMITTEE (Specify) TE 3e t8/801 ' DLG:RT'M:si cc Town Board, F NoteboomJ.q '. i .aI F STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION REGION THREE 333 EAST WASHINGTON STREET SYRACUSE, NEW YORK 13202 www.nysdot•gov CARL F. FORD, P.E. AS'i'RID C. GLYNN REGIONAL DIRECTOR ACTING COMMISSIONER March 29, 2007 Ms. Arnie Morrissette Coddington Road Community Center ,� 920 Coddington Road ` '' I? dy Ithaca, New York 14850 ( � q-_ Dear Ms. Morrissette: � RE: SCHOOL SPEED ZONE 920 CODDINGTON ROAD In response to your request, we have determined that a 35 MPH school speed limit can be established on Coddington Road in the vicinity of the Coddington Road Community Center. The County will be authorized to install the signs for this new speed limit as soon as our official traffic order is filed with the Secretary of State. This filing process normally takes three weeks. Your sincere interest in this matter was very much appreciated. Very truly yours, ORIGINAL SIGNED BY DIANA L. GRASER DIANA L. GRASER, P.E. Transportation System Operations Engineer cc: T. Hunter, Ithaca Town Clerk W. Sczesny, County Highway Manager �. C. Valentino, Town Supervisor M. Koplinka-Loehr, County Legislator, District 11 T.J. Joseph, County Legislator, District 12 March 30, 2007 To: Town of Ithaca Highway Department 106 Seven Mile Drive Ithaca, New York 14850 From: Robert G. Berggren 136 Compton Road Ithaca, New York 14850-9455 Re: Parking on Compton Rd. Dear Supervisor, I am writing in regards to people parking their vehicles in the road lane of traffic on Compton Rd. This is particularly a problem with the residents of 112 Compton Rd. Everyone on this road has a driveway to park their vehicles in. They too have enough driveway to park both their vehicle. r,.., Compton Road is only a 2 lane road with no parking on either side. I leave for work every weekday at around 5:45 AM. Most mornings it is still quite dark. Some mornings it extremely foggy, others it snowing, the road is snow covered, icy or it may rainy. There have been several times where because of the fog, even though I am traveling in my side of the road, I have nearly hit the neighbors vehicle because it is parked in my lane of traffic. I'm sure your maintenance and snowplow drivers can't be to happy about this either as they to must maneuver around them. I would hope you wish to correct this safety issue but at least now it is matter of public record and should I or anyone else hit one of these vehicles parked in the road, the liability now rests with the Town of Ithaca. Thank you. 1 6. 8 , 3 ho 0 ? Robert G. Berggren date Certified Mail Return Receipt Cc: Tompkins County Sheriff 4 April 25 , 2006 Ithaca Town Board Attention, Kathy Valentino , Supv. 215 North Tioga Street Ithaca, New York 14850 Dear Board Members : Re: Request for an additional. Spring Brush & Tree Branch Pickup Ithaca town had a surprise heavy snow-burden storm on our trees after the recent Spring Brush Pickup 4/16/07 . It was followed by a sudden unsual high temperature that caused the resulting heavy wet snow on tree branches to break the branches off onto the streets and properties . Town residents have gathered an over-abundance of additional Spring Brush and Tree Branches , newly piled onto their curb sites after that recent snow storm. Please ask the Ithaca Town Board to consider making a recommendation to the appropriate department for an additional Spring Brush and Tree Branch Pickup for that part of the Town of Ithaca which needs their curb sites cleared . Thank you kindly for your assistance . My best wishes to you. Respectfully , Sara Murray 104 Pinewood Drive Ithaca, NY 14850 L APR 16 2001 I ATTEST {THAC6.TOWN'C�E�iN Dear Board.Members: I live in the city of Ithaca beside a creek that runs through, and may even originate, in the town of Ithaca. My address is 602 Spencer Rd. The creek runs along Stone Quarry Road and is a border for Buttermilk Falls State Park, continues down under Spencer Road between my property and a drive owned by U-Haul, and on under Elmira Road between U-Haul and Cole Muffler and then on into the inlet. When we first purchased this property in 1991, the back yard was lush with tall old trees and lovely bushes along the creek completely privatizing us. We originally purchased the property as a rental unit, but moved in ourselves in 1999. At that time we noticed that a good deal of the vegetation at the lower end of the creek in the backyard had disappeared. At around this time we contacted Ray Benjamin from the Dept of Public Works in the city. He was aware of the problem because the run off in the stream had started causing blockages and then flooding onto Elmira Road. This erosion has continued at an accelerated rate denuding our property. We put in a privatizing fence last fall in from the bank, but the erosion has now continued to such a state that the new fence is in danger of being washed away. In addition, the retaining wall at the upper end of the creek is beginning to be compromised with water rushing in behind it and eroding back behind it. Our very house is now at risk of having the foundation whisked away. Last spring I decided to follow this little creek to its source to see if I could see why all of a sudden after years of stability there should be such a shift. I remembered the big .�• flooding several years back when Stone Quarry Road was washed out and closed for the winter and a good deal of the summer. I could see where work had been done channeling water into my little creek. I put a call in to Fred Noteboom, Road Supervisor of the Town of Ithaca, who informed me that yes, extensive work had been done diverting- water into the creek that runs by my house to protect Stone Quarry Rode from being continually washed out. He said it was a major and continuing problem because of all the construction going on up on 96B. (Witness now a hotel and Tibetan Retreat Center and an even accelerated rate of destruction downstream.) This past spring on the advice of the DEC I contacted the Tompkins County Soil and Water Conservation Agencv. John Negley and Craig Schutt came out to take a look. Yes, they said. There is a big problem. The problem involves both the city and the town and needs to be addressed because of the impact it is having. They indicated that perhaps some grant money could be obtained from DEC and a project could be coordinated between city and town and DEC. I will be attending the next Town of Ithaca meeting on May 7 and hope this matter can be addressed. I invite Mr. Benjamin, Mr. Noteboom, Mr. Negley and Mr. Schutt to attend; also a representative from U-Haul. Copies of this letter are being sent to them all. Perhaps some dialogue and plan of action can be initiated. Most Sincerely, Penelope Gerhart U1, 1 e rt ct l ' ATTEST 1THACAT0VVN CLEgK �y9 !ll01 Cornell University �® ®. David J.Skorton i I®� President i t May 1, 2007 ;t MAY 7 2007 r art`�� T ...._..� Cathy Valentino, Supervisor ;-,;I C-,T O4AJN ct_EQt; Town of Ithaca 215 North Tioga Street Ithaca, New York 14850 Dear Cathy: Last fall, I promised you that I would be back in touch once Cornell's leadership team had completed its review of the criteria we use to evaluate proposals from the local community for monetary or other support from the university. With that review now completed, I am pleased to tell you that we have identified six areas of priority, where we are especially eager to work with local partners: housing, economic development, pre/K-12 and educational services, health care, infrastructure and the environment. Building on what we already have achieved together, Cornell will continue to look for opportunities to be !~' supportive, financially or otherwise, of long-term community needs, especially in these priority areas. Cornell invests in the success of the local community, in part, to reinforce our ability to meet the needs of our students, faculty and staff. We also believe that we have a responsibility to understand how the activities of the university affect the surrounding community, to share our hopes for the future of Tompkins County, and to play a role in shaping our collective destiny. I hope you will consider our Office of Government and Community Relations as your front door to the university, and the place to which you can bring your concerns and ideas. I've appreciated how welcome you have made Robin and me feel during our first months at Cornell, and I look forward to many years of productive, collaborative efforts to make our community stronger. Best regards, L"L. David J. Skorton 300 Day Hall Ithaca NY 14853-2801 Telephone:(6077)255-5201 Fax:(607)255-9924 E-mail:president@comell.edu 1, SUSAN H. BROCK Attorney at Law - 306 East State Street, Suite 230 Ithaca, New York 14850 Telephone: 607-277-3995 E-mail: Brock(&clarityconnectcom Facsimile: 607-277-8042 May 2, 2007 Sciarabba Walker&Co., LLP 200 E. Buffalo St., Suite 402 Ithaca,NY 14850 Re: Town of Ithaca Dear Sir/Madam: At the request of Alfred Carvill, Budget Officer for the Town of Ithaca, I advise you as follows in connection with your examination of the financial statements of the Town as of December 31, 2006,up to and including the date of this letter. My representation of the Town has been for general legal matters. The information in this letter is as of the date hereof and is limited to matters involving my professional engagement as counsel by the Town and does not include information received by me acting in any other capacity or on behalf of any other client. Also, the information furnished in this letter is limited to matters that have been given substantive attention by me in the form of legal consultation and, where appropriate, legal representation since January of 2006. For this purpose I have determined whether such services involved substantive attention in the form of legal consultation concerning pending or threatened litigation, claims and assessments. Beyond that, no review has been made of any of the Town's transactions or other matters for the purpose of identifying matters to be described in this response. Subject to the foregoing and the closing paragraphs of this letter, I wish to inform you I have not given substantive attention in the form of legal consultation or representation to any material pending or threatened litigation, claims and assessments against the Town. The Town is involved in litigation involving a motor vehicle accident on a Town road several years ago. Insurance counsel is handling the matter for the Town. You can receive more information from Judy Drake at the Town at 273-1726. I have not been consulted by or advised by the Town with respect to any unasserted claims or assessments considered to be probable of assertion and which, if asserted,would have a reasonable possibility of an unfavorable outcome and therefore must be disclosed in �►, accordance with Statement of Financial Accounting Standards No. 5 in the financial statements currently under examination. I affirm that whenever, in the course of performing legal services for the Town with respect to a matter recognized to involve an unasserted possible claim or assessment that may call for financial statement disclosure, I have formed a professional A 9 Scfarabba Walker&Co., LLP May 2, 2007 Page 2 conclusion that the Town must disclose or consider disclosure concerning such possible claim or assessment, as a matter of professional responsibility to the Town I will so advise the Town and will consult with the Town concerning the question of such disclosure and the applicable requirements of Statement of Financial Accounting Standards No. 5 issued by the Financial Accounting Standards Board. This letter is furnished solely for your information in connection with the above- referenced audit of the financial condition of the Town and is not to be quoted in whole or in part or otherwise referred to in any financial statement of Town or related documents, nor is it to be filed with any governmental agency or other person, without my prior written consent. I do not assume responsibility to advise you of changes that may be brought to my attention after the date of this letter unless specifically requested by you after the date of this letter. This letter is limited by, and in accordance with, the American Bar Association's Statement of Policy Regarding Lawyers' Responses to Auditors' Requests for Information (February 1990). With respect to legal fees outstanding as of December 31, 2006, please be advised that the Town owed my firm Seventeen Thousand Two Hundred Ninety-Four Dollars and Thirty-One Cents ($17,294.31) for billed services, which has since been paid. There were no unbilled services on that date. Sincerely, —ck_ Susan Hajda Brock cc: - Budget Officer Alfred Carvill Supervisor Catherine Valentino BARNEY, GROSSMAN, DUBOW & MARCUS ATTORNEYS AT LAW SENECA BUILDING WEST J.ihN C. BARNEY PETER G.GROSSMAN SUITE 400 FACSIMILE DAVID A. DUBOW 119 EAST SEN ECA STREET (607)272-6806 RANDALL B. MARCUS ITHACA, NEW YORK 1485O INOT FOR SERVICE OF PAPERS) JONATHAN A.ORKIN (507) 273-5841 KEVIN A.JONES VIRGINIA A.TEST May 3, 2007 Sciarabba Walker&Co., LLP 200 East Buffalo Street Suite 402 Ithaca,New York 14850 Re: Town of Ithaca,New York; Audit Request dated April 26, 2007 Dear Sirs: We are in receipt of correspondence from the Town of Ithaca("Town")dated April 26,2007, advising that you are conducting an audit of their financial statements through the date hereof. It has been requested that we provide you certain additional information with respect to pending or threatened litigation,claims and assessments(including unasserted claims)against the Town. In that regard, please be advised as follows: 1. Pending or Threatened Litigation, Claims and Assessments(excluding unasserted claims): Wilkinson v. Southern Cayuga Lake Intermunicipal Water Commission.Town of Ithaca.et al. A proceeding has been brought against the Town of Ithaca, among others, seeking to enforce an obligation to construct a road over the Southern Cayuga Lake Intermunicipal Water Commission(SCLIWC)roadway to its water intake plant on Cayuga Lake. The Town of Ithaca,as one of the members of the Commission,has a potential liability. If the plaintiff were fully successful,the cost of building the road would be approximately$3,000,000. The Town would have a proportionate share of approximately 60%of that liability. The Town has vigorously defended the lawsuit. Settlement discussions were undertaken by the parties as part of the litigation, resulting in a settlement incorporated into a Stipulation and Settlement Agreement executed by all required parties and deemed effective June 29,2006. Such Stipulation and Settlement Agreement provides for certain road and related construction to be undertaken by SCLIWC on behalf of all defendants,or if such action does not become required within two years of the effective date of such Agreement,the payment by SCLIWC of the sum of$600,000 in full satisfaction if all of its and the defendants' BARNEY$ GROSSMAN, DUBOw & MARCUS Sci&a!bba Walker&Co., LLP May 3, 2007 Page 2 obligations. In conjunction with such Stipulation and Settlement Agreement, the pending litigation and appeal were discontinued. Notwithstanding such Stipulation and Settlement Agreement and the discontinuance of the appeal and litigation,it remains possible for further claims to be asserted in conjunction with the enforcement of the Stipulation and Settlement Agreement until such time as the requirements thereof are completed. Accordingly, this matter may continue to be considered as a material claim and this law firm continues to represent the interests of the Town therein. We are unaware of any other pending or threatened litigation, claims or assessments unasserted claims or assessments probable of assertion, or, if probable of assertion, having a reasonable possibility of an unfavorable outcome for the Town. We are not presently engaged with respect to any pending or threatened litigation, claims or assessments except as set forth above. 2. Unasserted Claims and Assessments: We are unaware of any other unasserted claims and/or assessments probable of assessment, or if, probable of assessment having a reasonable possibility of a material unfavorable outcome which must be disclosed in accordance with Statement of Financial Accounting Standards No. 5. Except as stated above,we have no additional information or explanations to provide to you with respect to the activities and any actual or potential litigation,claims and/or assessments against Town existing as of the date of this letter as requested in the letter from Town to the undersigned dated April 26, 2007. This is to confirm that whenever, in the course of performing legal services for Town with respect to a matter recognized to involve an unasserted possible claim or assessment that may call for financial statement disclosure, we have formed a professional conclusion that Town should disclose or consider disclosure concerning such possible claim or assessment, as a matter of professional responsibility to Town,we will so advise Town and will consult with Town concerning the question of such disclosure and the applicable requirements of Statement of Financial Accounting Standards No. 5. Based on all information and material available to the undersigned and to the best of the undersigned's knowledge, the foregoing constitutes a full and complete response to the request for information addressed to the undersigned in the aforesaid letter of April 26, 2007. It is expressly stated that the undersigned may not constitute the only attorneys who have performed services for Town through December 31, 2006 and through the date of this letter, and therefore any and all representations set forth herein, in addition to all other conditions set forth A°� herein, are limited only to those matters with which the undersigned have been directly involved. BARNEY, GROSSMAN, DUBOW & MARCUS •Sciarabba Walker&Co., LLP May 3, 2007 Page 3 The undersigned have made no independent inquiry with respect to any matters, legal or otherwise, which might require disclosure for the fair presentation of the financial statements of Town and any and all representations made herein are based solely on information which may have been provided to the undersigned by Town of which have come to the attention of the undersigned in their capacity as counsel to Town. No representations are hereby made beyond those set forth herein. If you should have any further questions,please feel free to contact the undersigned. Very truly yours, Barney, Grossman, Dubow&Marcus By: Peter G. Grossman, Partner PGG:sls cc.: Catherine Valentino, Town Supervisor,Town of Ithaca Alfred F. Carvill, Budget Officer, Town of Ithaca Education Center �D tW16 F,., Oo�3erative 615 Willow Avenue i Ithaca, NY 14850-3555 a EExtensionI.MAY 14 2007 f. 60 607.272.7.272.77208888 p � Tam�']�� �,�. �,f] tompkins@cornell.edu J.'V "` ; www.ccetompkins.org Date: May 10, 2007 *Sent to Supervisors,please copy loBoard ntettthers To: Tompkins County Town Supervisors,Town Board members and Town Planning Board members Front: Debbie Teeter, CCE-Tompkins Community Agriculture Awareness Educato _ On behalf of the Tompkins County Agriculture and Farmland Protection Board(AFPB) Re: 'Municipal Noise Ordinances The AFPB is aware that several towns within the county are contemplating noise ordinances. The board would like to share with you information from New York State Agriculture and Markets Agricultural District Law that will be helpful if you are undertaking this task. All towns in the county have made a commitment to supporting and maintaining agricultural areas within their borders, and many municipal boards include members from the agricultural community. Therefore, you may already be quite knowledgeable about Agricultural District Law. All towns also contain significant lands within one or both of the county's two state-certified agricultural districts. Counties,towns and villages in New York State have broad powers to enact laws to govern their own affairs. However, State laws impose certain restrictions on local government authority. One such restriction is found in Section 305-a of the Agi-iculture and Markets Agricultural District Law: "Local governments,when exercising their powers to enact and administer comprehensive plans and local laws, ordinances,rules or regulations,shall exercise these powers in such manner as may realize the policy and goals set forth in this article [Article 25-AA of the Agriculture and Markets Lai�j, and shall not unreasonably restrict or regulate farm operations within agricultural districts in contravention of the purposes of this article unless it can be shown that the public health or safety is threatened." -Excerpted from NYS Ag and Markets brochure Local Laws and Agricultural Distracts:How Do Thee Relate? Section 301 of Agricultural District Law describes"Farm operation" as the land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise,including a commercial horse boarding operation. Drawing from these two sections, it is clear that the operation of farm equipment, the keeping of livestock and other noise producing farm activities are recognized parts of agriculture, and local governments cannot unreasonably restrict or regulate these activities if they are conducted for agricultural purposes within state- certified agricultural districts. So,how do municipalities make accommodations in their noise ordinances for farm operations on land within state-certified agricultural districts? Typically with a one or two sentence clause that exempts such activities from the ordinance. One such example would be that included in the Town of Ithaca noise ordinance: "The provisions of this section shall not apply to lawful farm operations on lands the principal use of which is as a farm and which are located within a county agricultural district created under the provisions of Article 25-AA of the New York State Agriculture and Markets Law." General Code E-Code: Town of Ithaca,NY Chapter 184:Noise,Article 1I, § 184-8. C Aftwk The AFPB hopes this information is helpful, and urges municipalities to submit draft noise ordinances to the NYS Department of Agriculture and Markets for comment to ensure there are no potential conflicts with Agricultural District Law. I would be happy to provide additional information or answer any questions you might have on this topic or Agricultural District Law in general. Please let me know if I can help in any way. BU lc7itlgStrongand VibrantNewYork Conm7ututic-, Cornell Cooperative Extension provides equal program and employment opportunities. SUSAN H. BROCK Attorney at Law '� ti00� 306 East State Street, Suite 2304` f Ithaca, New York 14850 �! ; �res Telephone: 607-277-3995 E-mail: brbrck@�Dityconnect.com Facsimile: 607-277-8042 ATTORNEY-CLIENT PRIVILEGED AND CONFIDENTIAL TO: ITHACA TOWN BOARD FROM: SUSAN BROCK Sia RE: FIREWORKS AND NOISE PERMITS DATE: MAY 11, 2007 Please find enclosed an informal opinion letter from the New York Attorney General's office regarding the Town's authority to issue fireworks and noise permits. "rills letter is in response to my January 2007 request for an opinion on these issues (also enclosed). The opinion letter confirms my conclusions that (1) the Town does not have the authority to issue fireworks permits for private displays to individuals such as wedding parties; and (2) the Town cannot issue noise permits for fireworks displays,because state law supersedes the Town's noise ordinance as it pertains to fireworks displays. I will give copies of the opinion letter to Kristie Rice and Tee-Ann Hunter for their information. It is my recommendation that the Town stop issuing fireworks permits for wedding displays and stop requiring noise permits for fireworks displays. Please feel free to contact me if you have any concerns or wish to discuss this matter further. MAY 1 2007 STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL ANDREW M.CUOMO ATTORNEY GENERAL APPFALS AND OPINIONS BUftFAU May 9, 2007 Susan H. Brock Informal Opinion Town Attorney No. 2007-3 Town of Ithaca 306 East State Street Suite 230 Ithaca, New York 14850 Dear Ms. Brock: You have requested an opinion regarding the Town' s authority to regulate fireworks displays. You have explained that a privately-owned vineyard within the Town is a popular site for wedding receptions, and that some wedding parties wish to have fireworks as part of their celebration. Thus, you have asked whether the Town may issue a fireworks permit for a display that will be part of a wedding reception held on private property. You have further asked whether the Town may require applicants for fireworks display permits to also apply for a Town noise permit . As we explain more fully below, we believe that the answer to both of your questions is no. I. Statutory Framework Penal Law § 270 . 00 prohibits a person from offering or exposing for sale, selling, or furnishing any fireworks, Penal Law § 270 . 00 (2) (a) , and also prohibits a person from possessing, using, exploding, or causing to explode any fireworks, id. § 270 . 00 (2) (b) , A person does not commit an offense proscribed by section 270 . 00 if he or she obtains a permit pursuant to Penal Law § 405 . 00 . 1 Id. § 270 . 00 (2) (a) , (b) . 'Other exceptions to these prohibitions do not apply in this instance. Penal Law § 270 . 00 (3) . The Capitol,Albany,N.Y. 12224.0341 0 Phonc(518)474-7201*Far(518)473-8963 0 httpz//www.oag.state.ny.us 2 Section 405. 00 provides that, " [n] otwithstanding the provisions of section 270 . 00, the permit authority of a state park, county park, city, village or town may upon application in writing, grant a permit for the public display of fireworks by municipalities, fair associations, amusement parks or organizations of individuals. " Penal Law § 405 . 00 (2) . Section 405 . 00 also provides that " [a] 11 local ordinances regulating or prohibiting the display of fireworks are hereby superseded by the provisions of this section. "Z Id. § 405 . 00 (5) . II. Town's Authority to Permit a Fireworks Display as Part of a Wedding Reception Held on Private Property The statutes governing the use of fireworks, as outlined above, clearly authorize public, and not private, displays. See Penal Law § 270 . 00 (2) (defining the offense of using, exploding, or causing to explode fireworks, "except where a permit is obtained pursuant to section 405 . 0011) ; id. § 405. 00 (2) (the permit authority may "grant a permit for the public display of fireworks by municipalities, fair associations, amusement parks or organizations of individuals") (emphasis added) ; see also Op. P'1 Att'y Gen. (Inf. ) No. 91-17 (the Penal Law authorizes the issuance of permits by local governments only for the public display of fireworks; a private display would remain unlawful under Penal Law § 270 . 00) ; 1952 Op. St . Comptr. No. 5800 (state law provides no authority for the issuance of a fireworks permit for a private display of fireworks by an individual for private family entertainment) . We believe that a fireworks display as you have described is not authorized by Penal Law § 405 . 00 . First, while you have advised that some members of the public may in fact be able to see the fireworks from, for example, nearby roads, this is not, in our opinion, the sort of "public display" contemplated by the statute. The very nature of certain types of fireworks renders likely the ability of a person not in the target audience to see 2The statute provides one narrow exception: "Every city, town or village shall have the power to enact ordinances or local laws regulating or prohibiting the use, or the storage, transportation or sale for use of fireworks in the preparation for or in connection with television broadcasts. " Penal Law § 405 .00 (5) . 3 even a private display.3 We believe that a display that is only incidentally viewed by people not a part of the private gathering does not constitute a "public display. " You have suggested that a wedding party might make the- private property open to the public during the course of the fireworks display if this would render it a public display. In our opinion, this still would not bring it within the type of display for which a permit may be granted. First, as discussed above, we believe that it is the target audience, rather than the status of the property on which the display is held, that renders a fireworks display public or private. A fireworks display held for the benefit of a private group only is, in our opinion, an illegal private display. Moreover, a. permit authorizes the public display of fireworks "by municipalities, fair associations, amusement parks or organizations of individuals. " Penal Law § 405 .00 (2) . A wedding party is obviously not a municipality, fair association, or amusement park; we believe that it is also not included in an "organization of individuals. " First, a wedding party is not what is commonly understood as an "organization, " which is defined as a "group of persons organized for a particular purpose; an association. " American Heritage Dictionary of the English Language, 4" Ed. (2000) . Moreover, an early version of the then-proposed law provides an indication of what was meant by an "organization of individuals. " In a bill introduced in the Assembly, the permit authority was authorized to grant a permit for the public display of fireworks "by municipalities, fair associations, amusement parks, religious or civic organizations, or other organizations or groups of individuals. " A. 2871, 162nd Sess. (N.Y. 1939) . In the enacted version, the language "religious or civic organizations, or other organizations or groups of individuals" was replaced with "organizations of individuals. " Act of Apr. 10, 1940, ch. 387, § 1, 1940 N.Y. Laws 1056. It seems likely that the types of organizations contemplated by "organizations of individuals" are religious, civic, or comparable organizations . '"Fireworks" and "dangerous fireworks" are broadly defined and include skyrockets, rockets, and Roman candles, Penal Law § 270 . 00 (1) , items that are intended to shoot into the sky, as well as firecrackers and sparklers, id. , items that ordinarily cannot be seen overhead from a distance. � 4 We therefore conclude that under the circumstances you have described, the Town may not issue a fireworks display permit. III. Town's Authority to Require a Noise Permit for Fireworks Displays You have asked whether the Town may require an applicant for a fireworks display permit to also apply for a noise permit . We are of the opinion that the Town may not . As you note, we have previously opined that the Legislature, by enacting what is now Penal Law § 405 . 00, intended to establish exclusive state regulation of the display of fireworks. Op. Att'y Gen. (Inf. ) No. 82-18 . In that opinion, however, the local regulation was directly and exclusively related to fireworks displays. In contrast, here the question is whether a local provision that applies more generally to prohibit loud noises absent a permit is superseded by Penal Law § 405. 00 (5) ("All local ordinances regulating or prohibiting the display of fireworks are hereby superseded by the provisions of this section.") .4 We are of the opinion that a local provision that requires a noise permit is superseded with respect to fireworks displays. The plain language of the statute provides that a ll local ordinances regulating or prohibiting the display of fireworks" are superseded. A local provision that would condition a public display of fireworks on the receipt of a noise permit would regulate, and potentially prohibit, a display of fireworks otherwise permitted under Penal Law § 405 . 00 . The Attorney General issues formal opinions only to officers and departments of state government . Thus, this is an informal opinion rendered to assist you in advising the municipality you represent. Very truly yours, KATHRYN SHEINGO D Assistant Solicitor General In Charge of Opinions 4 We have previously concluded that the intent of the Legislature was not just to supersede local ordinances, but "all local power over fireworks, " Op. Att'y Gen. (Inf . ) No. 82-18, i.e . , regulation by local law as well . Cathy To: Felix Naschold ject: RE: Support for Black Diamond Trail thank you for your letter of support I will add it to our file the town of ithaca is very supportive of this trail . cathy -----Original Message----- From: Felix Naschold [mailto:fn23@cornell.edu] Sent: Sunday, May 20, 2007 10:59 AM To: Cathy Subject: Support for Black Diamond Trail Dear Ms Valentino I just wanted to sent you a short note in support of the proposed Black Diamond Trail that is to run from Ithaca to Taughannock Falls. My wife and I ride our bikes between town and the park as it is. However, in my opinion traffic along Rt 89 (which in turn is less busy than Rt 96) is too dangerous for children to cycle. This means that we currently are forced to take the car to Taughannock Falls State Park if we want to spend the day at the park with our daughter. Since we much rather not drive altogether we often end up not going to the Taughannock, but stay in town in Cass Park Aside from being an excellent opportunity for recreation for local families, I would imagine that the Black Diamond trail would be a ,pai�l.uable asset for tourism; at least if the proportion of non-Bostonians on Boston's Minuteman bike trail is anything to go by. The Black Diamond trail would be unique addition to Ithaca in at least two ways. First, it is much longer than any of the existing multi-use trails (South Hill, East Ithaca) , which is very welcome for cyclists and serious runners; and second, it leads to destinations that people want to go to, namely Buttermilk and Taughannock Falls State Parks. Thus, I very much support the proposed trail - and am encouraged by the cleaning up of brush that I already see along the route. Best regards, Felix Naschold Department of Applied Economics and Management Cornell University 214 Warren Hall Ithaca, NY 14854, USA 1 13 07 7 )VI f �l T- LAt, INJ IpT a,�yte uienmrd�A�/ BOLTON POINT W AT'ER SOUTHERN CAYUGA LASE INTERMUNICIPAL WATER COMMISSION SYSTEM HACA.µy TOWNS OF DRYDEN • ITHACA • LANSING—VILLAGES OF CAYUGA HEIGHTS • LANSING MAILING ADDRESS: (607) 277-0660—FAX(607)277-3056—E-MAIL SCLIWC@boltonpoint.org PO. Box 178 Ithaca,N.Y. 14851 SHIPPING ADDRESS: May 23, 2007 1402 East Shore Drive Ithaca,N.Y. 14850 Walter Schwan www.bottonpoint.org 231 Coy Glen Rd Ithaca NY 14850 Re:Acct#B2915, 231 Coy Glen Rd. Dear Mr. Schwan: COMMISSIONERS: I am writing this letter in response to your note on your recent meter read card that H. MICHAEL NEWMAN was sent to us. Chairperson WALTER R. LYNN If you go away for any extended period of time and you receive a meter reading card Vice Chairperson in the mail at your forwarding mailing address. I would suggest that you just write a CATHERINE VALENTINO note on it saying you are in Florida and can't read your meter. If the home is empty Treasurer while you are away we will just use the same reading as last time, as if you used no RONALD ANDERSON water at all and you will be sent a minimum bill. ST N FARKAS I also wanted to bring something else to your attention. When I entered your latest DONALD HARTILL meter reading you sent us it looked to be much higher than your normal usage. I am STEPHEN C. LIPINSKI sending you a copy of the meter reading/consumption history for your review. You MARY RUSSELL may want to check your home for any possible leaks and make sure the reading you sent in is correct. STEVE TRUMBULL CONNIE WILCOX If you need any further help or any information from me,please call. PAUL TUNISON Sincerely, General Manager JACK RUECKHEIM Distribution Judy Bower, PAMELA VANGELDER Accounts Receivable Finance KENNETH BUTLER Production cc: Account File r^� t - ` S.C.L.I.W.C. SELF-READ METER PROGRAM B2915 If your meter is odometer style with 5, 6 or 7 digits please write the numbers read in the corresponding spaces below. If your meter has dials, please write the lower numbers appearing on each dial in the spaces below. (Read By 005=7 ).Once read,detach and promptly mail this card. Accounts failing to return this card with an accurate water meter reading will be subject to meter reading and administrative fees and possible further action. WRITE READING HERE: J_ ,� SERVICEADDRESS: 231 COY GLEN RD ACCOUNT NUMBER: B2915 ::i¢nl&A,- You can receive help in completing this card by calling our billing V apartment at 277-0660 or visit us onlip at www.bgJtgn oinogg 7l 4 # Ell t�^� o suppl meterIngs may ru I eter re Cod 17 You have a. BADGER ter,.sedal# 17253482 located at: 231.COY GLEN RD.BASEMENTNI CORI N 0611112007, TOWN OF ITHACA 11:15:20 Water/Sewer Account Ledger r� 2003 to Present Account# B2915 Name: WALTER SCHWAN WATER SEWER Date Reference Charge Penalty Other Charge Penalty Other Balance 08/01/2004 Forward 0.00 09/01/2004 Billing 33.92 23.32 57.24 09/07/2004 CR691052 -33.92 -23.32 0.00 12/01/2004 Billing 32.00 17.60 49.60 12/06/2004 CR732015 -32.00 -17.60 0.00 03/01/2005 Billing 34.40 17.60 52.00 03/15/2005 CR780078 -34.40 -17.60 0.00 06/01/2005 Billing 34.40 17.60 52.00 06/07/2005 CR811051 -34.40 -17.60 0.00 09/01/2005 Billing 53.32 34.10 87.42 09/13/2005 CR858065 -53.32 -34.10 0.00 12/01/2005 Billing 34.40 17.60 52.00 1. )/2005 CR891030 -34.40 -17.60 0.00 03/01/2006 Billing 34.40 17.60 52.00 03/06/2006 CR918094 -34.40 -17.60 0.00 06/01/2006 Billing 34.40 17.60 52.00 06/06/2006 CR956083 -34.40 -17.60 0.00 09/01/2006 Billing 34.40 17.60 52.00 09/06/2006 CR991039 -34.40 -17.60 0.00 12/01/2006 Billing 34.40 17.60 52.00 12/04/2006 CR024036 -34.40 -17.60 0.00 03/01/2007 Billing 34.40 17.60 52.00 03/13/2007 CR074015 -34.40 -17.60 0.00 06/01/2007 Billing 63.98 40.92 104.90 Totals: 63.98 0.00 0.00 40.92 0.00 0.00 Page:1 T1 ' 110$12007 COUNTY & TOWN TAX BILLO TOA�CINS COUNTY - TOWN OF ITHACA STATE AID COUN FIS tL YEAR 01/01/2007 THROUGH 12/31/2007 STATE AID TOWN RECEIVER OF TAXES MONDAY THROUGH FRIDAY TAX MAP ## 215 NORTH TIOGA STREET 9 : OOAM TO 3 : OOPM 29 . -7-13 . 1 ITHACA NY 14850 SECOND INSTALLMENTS TO (607) 273-1721 COUNTY TREASURER ONLY PROPERTY LOCATION 231 Coy Glen Rd DIMENSIONS 1 . 67 AC Schwan Walter J Schwan Wanda J SWIS SCHOOL Schwan, Walter J & Wanda J 503089 500700 231 Coy Glen Rd Ithaca, NY 14850 BILL # BANK 1826 1ROPERTY TAXPAYER' S BILL OF RIGHTS 10sThe assessor estimates the Full Market Value of this property as of January 1 The Total Assessed Value of this property is : The Uniform Percentage of Value used to establish assessments in your municipali If you feel your assessment is too high, you have the right to seek a reduction your assessor for the booklet "How to File a Complaint on Your Assessment . " Ple above assessment has passed. The assessor ' s name is STEPHEN F. WHICHER. 10T EXEMPTION VALUE EXEMPTION VALUE EXEMPTIO TAXING PURPOSE TOTAL LEVY % CHG TAXABLE VALUE TAX RATE/$100 County Tax 34, 787 , 186 5 . 0 138, 000 6 . 767650 Ithaca Town Tax 1, 746, 602 1 . 9 138, 000 1 . 680000 Ithaca fire 1 2, 814 , 993 2 . 3 138, 000 3 . 740000 Ithaca sewer 0 0 . 0 1 30 . 000000 Solid waste fee res . 0 0 . 0 1 52 . 000000 Ithaca water 0 0 . 0 1 80 . 000000 Installment Charge 0 0 . 0 0 0 . 025000 TOTAL DUE BY 01/31/07 ------------------------------------ 10sRETURN BOTH STUBS WI'T'H-PAYMENT194------ 110$12007 COUNTY & TOWN TAX BILLO TOMPKINS COUNTY - TOWN OF ITHACA OPTION A OPTI TAX MAP # 503089 29 . -7-13 . 1 LOCATION 231 Coy Glen Rd 10T Full PaymentMOIst Install OWNER Schwan Walter J 10s Pay to LocalMOT Pay to Lo BILL # 1826 l0sColl by 01/31107C011 by 01/ 10$Tax AmountlQ$43 . 90 921 . 95 19ID BY Schwan Walter J 100Sd!0-Vice ChargelOT 46 . 10 1( ATE 01/04/07 INITIALS 10T 10tPenalty/Interestl0T 10sCASH CHECK 1237106 10tTotal Due1M;843 . 90 968 . 05 102 I 102PLEASE CHECK PAYMENT OPTION: X100PTION A, FULL PAYMENT - ------------------------------------------------------------------------------- 112007 COUNTY & TOWN TAX BILLO TO. .INS COUNTY - TOWN OF ITHACA OPTION A OPTI TAX MAP ## 503089 29. -7-13 . 1 LOCATION 231 Coy Glen Rd 102 Full PaymentMOIst Install OWNER Schwan Walter J 102 Pay to Local@m2 Pay to Lo BILL # 1826 102Coll by 01/31107C011 by 01/ 102Tax AmountlQ843 . 90 921. 95 102PAID BY Schwan Walter J 102S&twice Chargel02 46. 10 102DATE 01/04/07 INITIALS 102 102Penalty/Interestl02 102CASH CHECK 1237102 102Total DuelM;843 . 90 968 . 05 102 102PLEASE CHECK PAYMENT OPTION: XlOMPTION A, FULL PAYMENT !A1 SUSAN H. BROCK Attorney at Law 306 East State Street, Suite 230 Ithaca, New York 14850 Telephone: 607-277-3995 E-mail: brock@clarityconnemcom Facsimile: 607-277-8042 June 5, 2007 Roger and Nancy Battistella Six Mile Creek Vineyard 1551 Slaterville Rd. Ithaca,NY 14850 Re: Fireworks Permits Dear Mr. and Mrs. Battistella: Please find enclosed a recent informal opinion from the New York State Attorney General's office regarding the Town of Ithaca's authority to issue permits for fireworks displays. New York law authorizes the Town to issue permits for the"public display of fireworks"by certain groups. The Attorney General's opinion states the Town does not have the authority to issue fireworks permits for private displays that are part of wedding receptions. The enclosed document explains the rationale for that opinion. I have provided the opinion to the Town Board and the Town's Code Enforcement Officers (who issue the permits), and I have advised the Town that it does not have the authority to issue fireworks permits for such private displays of fireworks. The Town consequently will no longer issue fireworks permits to private individuals renting your vineyard facilities for private events. Please do not hesitate to contact me if you have any questions. Sincerely, L-.i._ &CIL Susan H. Brock Attorney for the Town Enclosure cc: Town Board members Kristie Rice, Senior Code Enforcement Officer ���TT nslT� 0 �* THE STATE EDUCATION DEPARTMENT 1 THE UNIVERSITY OF THE STATE OF NEW YORK 1 ALBANY, ` NY 12230 �q OF New York State Archives Tel.(518)474-6926 Grants Administration Unit Fax(518)486-1647 E-Mal:archgrants@ma0.nysed.gov June 8,2007 Project Number:0580-08-8640 Tee-Ann Hunter,Project Director Town of Ithaca 215 N.Tioga Street Ithaca,NY 14850 Dear Ms.Tee-Ann Hunter: I regret to inform you that the Local Government Records Management Improvement Fund (LGRMIF) grant application submitted to the New York State Archives has not been recommended for funding in the 2007-2008 grant cycle. With $10 million available in grant funds and over $25.3 million in requests, this year's grant review was extremely competitive. Our grant application review process is governed by State Education Department rules and procedures. Panels of independent experts in records management, archival administration, or information technology and a member of the Local Government Records Advisory Council (LGRAC)evaluated each application in writing. Panels then met in Albany to discuss the merits of the applications, taking into account reviewers' written evaluations. LGRAC considered the panels' funding recommendations and forwarded them to the Commissioner of Education for final review and approval. Attached is a summary of the comments from the review panel. I strongly encourage the Records Management Officer and other interested individuals to take full advantage of the publications, training and consultation available through the New York State Archives. The schedule of records management and archives workshops is available online at http://www.archives.nysed.gov. If you have any questions regarding this matter,you may reach me at(518)474-6926. Sincerely, C. Raymond LaFever Acting Co-Manager of Grants Administration Unit att. cc: Suzanne Etherington,Regional Advisory Officer Local Government Records Management Improvement Fund (LGRMIF) 2007-2008 Summary of Reviewers' Recommendations Local Government: Town of Ithaca Project Number: 0580-08-8640 Summary: The grant reviewers liked this application but were unable to recommend funding for it because it did not address the-planned long-terns preservation and access issues of the generated electronic Tecords or the imaging standards that they plan to adhere to in significant detail. The application also failed to identify the project manager for this initiative. The reviewers strongly encourage the town to review the above concerns with their State Archives Region 6 Advisory Officer, Suzanne Etherington, and to submit a revised application to the LGRMIF program next year. 100"S U MICHAEL A.ARCURI 327 CANNON HOUSE OFFICE BUILDING 24TH DISTRICT,NEW YORK WASHINGTON,OC 20515 202-225-3665 COMMITTEE ON RULES �� Tt /�]�f�ry� /y7 202-225-1891 FAX �Congre,55 oL the � niteb 6tatn; ,OBROAD 3-8146 T COMMITTEE ON TRANSPORTATION UTICA,NY 13501 AND INFRASTRUCTURE 315-793-8146 800-235-2525 COMMITTEERNTECHNOLOGY Woma of iiepre5entatibe� 315-798-4099 FAX ' AND TECHNOLOGY ION LEAVE) �,�I�! 2 2 2007 {�{�' t1g1Jlit�'fAll, �C 20r15-322 � June 19, 2007 ---_ Ithaca Town Board 215 North Tioga Street Ithaca,NY 14550-4357 Dear Friends, Thank you for contacting me regarding immigration policy. Like you, I am deeply concerned about this issue. I support a comprehensive immigration reform strategy that will end illegal entry and effectively address the reality that 12 million undocumented immigrants currently live in the United States, many of whom hold jobs, make significant contributions to our economy, and have children who are American citizens. No where is this more striking than in the agricultural industry. where labor shortages are nc-ativcly impacting farms in New York and across the country. 1 do not support cutting off the labor supply to Upsr}te farmers who depend on seasonal workers to run their businesses; America's farmers should not be punished Im -,o\ernment failure to adequately police our borders and implement a reasonable,transparent guest worker pro-ram. As you know, immigration reform requires action on many fronts. The Department of Homeland Security does not have the resources to adequately protect our borders, and the system for legal immigration to our country is broken. Citizenship and Immigration Services must be reformed to eliminate the unacceptable backlog of immigration applications for legal immigrants and effectively track immigrants granted legal entry. We must also be sure that the current laws on the books-which instruct employers to verify immigration papers-are enforced.No one wants to make this task more onerous or burdensome, but if we reduce the demand for illegal immigrants,we reduce the supply. We must be sure to keep in mind, however, that we are a country comprised of immigrants-since this nation's founding, more than 55 million immigrants from every continent have settled in the U.S.-and that is part of what makes us so strong and vibrant. L\,cry wave of immigration has faced fear and hostility, especially during times of economic hardship, political turmoil, or war. Congress faces the urgent task of enacting comprehensive reforms that will preserve the traditions that have made this nation great, while addressing the security challenges we face. As debate continues on imimgration, please be aNsured that I will work to pass a bipartisan plan to reform a broken system in a wav that nrotccts families. strcmudwn our border secui-ik. aild enforce the ILm s of our country. Thank you again I'or sharing your thoughts with me. Please don't hesitate to contact me again if I can be of help on this or any other matter. Sincerely, Michael A. Arcuri Member of Congress MAA/nm PRINTED ON RECYCLED PAPER Page 1 of 1 Al Carvill . - —From: Herbert J Engman [hje1 @cornell.edu] Sent: Wednesday, June 20,2007 2:13 PM To: LALOU@aol.com; CVALENTINO@TOWN.ITHACA.NY.US; hje1@cornell.edu; pcs1@cornell.edu; ACARVILL@TOWN.ITHACA.NY.US; Isallinger@TOWN.ITHACA.NY.US Subject: Re: Fire Contracts Review Committee Thanks for your very thoughtful analysis, Larry. Since we just approved the Cayuga Heights fire agreement, it is indeed time to direct our attention to the City's. At 12:00 PM 6/20/2007 -0400, LALOU@aol.com wrote: I recently re-reviewed the agreement between City&Town which will come up for renewal 12/31/07 and would like to note some provisions that may be of concern to me. Since it looks like it's going to be a busy time for you as the political season heats up, I wanted to get my thoughts out sooner rather than later. Under"Provision of Services,"we may want the general intent to be broadened to state that we would expect IFD to respond to any incident in the town even if improperly dispatched and that protection of life and property shall take precedence over dispatch conflicts (I'm confident that this would happen anyway even without clearer language but why not codify it in the agreement?). Under"Payments by Town" paragraph (c)-(f),the language would seem straight forward enough. In discussing this with Al Carvill during the CHFD contract meeting on 4126, however, it was pointed out that there may be some inequity in the formula because of the fact that the Town is a fire district and includes what otherwise would be tax exempt property in its total whereas the City may be excluding similar values in its total (Al, correct me if I've misstated this concern). This situation, if true,causes Town taxpayers to subsidize City tax policies to some degree and skews the expense allocation in favor of the City. I'd like to see some negotiation on this point if possible. Under"Payment of moneys from Foreign Insurance Companies,"Al Carvill has modified this requirement procedurally to recognize that IFD has little, if any volunteer support and that these monies should probably go to CHFD.The contract should probably be changed to reflect the reality. Under"Exhibit E, IV, Outdoor Fires," pursuit of a local law requiring fire permits for outdoor burning; is there such a local law? That's it. Have a great summer. Larry Sallinger See what's free at AOL.com. 6/21/2007 Southern Tier Advocacy & Mitigation Project, Incorporated 119 East Buffalo Street I Ithaca, New York 14850 P. 607.277.2121 1 info@stamp-cny.org I F. 607.277.2120 July 16, 2007 I �20 Ms. Cathy Valentino Town Supervisor j 1 Town of Ithaca }) UC , 215 North Tioga Street =1THACAT W;N(C 'kK Ithaca, New York 14850 Re: Request for Use of Ithaca Town Hall for Youth Court Program Dear Ms. Valentino: This letter is a brief introduction to the efforts of Southern Tier Advocacy & Mitigation Project, ,..�. Incorporated (S.T.A.M.P.)—a local not-far-profit organization which works with at-risk youth and their families—to re-establish a Youth Court Program locally. We are reaching out to you because we are focusing our efforts on youth who live in the City and Town of Ithaca, and we are interested in using the Ithaca Town Hall for our programming, if possible. Over the past several months we have met with Ithaca Town Court Judges Klein and Salk, Family Court Judges Rowley and Sherman, the Tompkins County Probation Department, the Tompkins County District Attorney's Office, the Tompkins County Department of Social Services, and Tompkins County Youth Services. They have all expressed support for our initiative. S.T.A.M.P. seeks to implement a community-based youth court model, using restorative justice principles, which promotes public safety, holds young people accountable, builds/enhances youth competency and leadership, and highlights the community's role in problem solving. S.T.A.M.P. also seeks to work in cooperation with a variety of stakeholders to provide our community with an additional tool to help effectively address local issues of juvenile delinquency and crime. Nationally, about 2.2 million young people come in to contact with the criminal justice system. Youth courts have been proven to be one of the least expensive means of providing swift, measured responses to youth who break the law through a series of graduated sanctions which emphasize education, prevention, and intervention. According to the National Youth Court Center, there are currently about 1,550 youth courts nationwide. 0001%�. Ms. Cathy Valentino July 16, 2007 Page Two Youth courts are not actual courts of law. Youth courts are diversion programs which are not legally binding like criminal or family court proceedings. As diversion programs, youth courts serve as alternatives to the traditional juvenile justice system for first-time offenders who commit nonviolent status and misdemeanor offenses. Some of the most common offenses accepted by youth courts are theft, vandalism, disorderly conduct, school code infractions, and possession of alcohol, marijuana,and tobacco products. Youth courts depend upon youth volunteers and volunteer adult mentors, and generally accept cases involving young people ages 11 – 18. Yvi:th volunteers are trained in all aspects of the program and act as judges, clerks, bailiffs, and advocates/counsel for youth accused of problem behavior(s)—with the overall goal of determining an appropriate, constructive, and restorative disposition for the offending young person. Participation by youth offenders is voluntary and must be accompanied by parental consent. Presently, there are four different models in use nationwide, but in every currently existing model youth sentence their peers to an enumerated list of sanctions—such as community service, apology letters, educational programs, and youth court jury service. As a result, both participants (offenders) and youth volunteers receive the benefits of the program's goals in promoting education, prevention,and intervention. We are available to meet with you to further explain our goals in re-establishing this community resource, and to answer any of your questions or concerns. Based on our current program design and implementation schedule, we anticipate needing access to a dedicated space—such as Ithaca Town Hall—in the spring of 2008. We appreciate your willingness to consider our proposal, and will follow up with you to schedule an appointment. Thad-: you. Sincerely, Leslie F.JonesYE , Founder & Executive Director THE SENATE f, STATE OF NEW YORK -- — --- _ � ALBANY 12247 1 JUL 3 0 2007 MIALCOLM A. SMITH ST NEW YORK STATE SE\ATE MINORITY LEADER July 19th, 2007 Carrie Coates Whitmore, Deputy Town Clerk Town Of Ithaca 215 North Tioga Street Ithaca, New York 14850 Dear Deputy Town Clerk Whitmore, Thank you for your recent correspondence, on behalf of the Town of Ithaca, forwarding a copy of Town Board Resolution Number 2007-127, "Calling for a comprehensive investigation of evidence that may warrant impeachment of the President and Vice President of the United States." I commend the Town Board for exercising their c\press ngllt and prerogative as a legislative body-to take actions that will provide for the general welfare of the imvn of Ithaca. Unanimous p.z.tisage of this resolution has proved your capacin-to lead and recognize that the fate of each h:irnil��t is, in some small way, irrecoverably intertwu-icd with leadership at all levels of goveniment, including that of our Chief Executive. Your resolution has captured, in fact, the essence of an important and emotional debate that is consistently raging on a spectrum of levels. You leave jiid��cd served to further foster the discourse on which direction our Country is, arra ti-. r! r I 'c : :'r;r�; and for that I am grateful. Again, thank you for taking the time to forward yuur :1:, ri: , w me; I respect and value your insight and perspective on this crucial issue. I look forward to working with you in the future, as I remain... Most Sincerely Yours, �Ia1c(Ji-i7 A. Smith J)emo(i-atic Conference Leader& State Senator, 14th District State of New York State Board of Real Property Services 16 Sheridan Avenue Albany, New York 12210-2714 Certificate of the Final State Equalization Rate for the 2007 Assessment Roll Ms.Catherine Valentino, Supervisor C.A.P. Code: 509901 Town of Ithaca Tompkins County Assessing Unit 215 North Tioga Street Municipal Code: 503000 Ithaca, NY 14850 4321 Town of Ithaca Final State Equalization Rate: * 85.00 I, Patricia L. Holland, hereby certify that on July 23, 2007 the State Board of Real Property Services established a final State equalization rate of 85.00 for the above named municipality. Patricia L. Holland Real Property Analyst 3 Note: Since your municipality did not file a complaint with respect to the tentative rate, the final equalization rate is the same as the tentative rate. Notice of the final rate will be filed with the clerk of the county legislative body and in the office of the State Comptroller. Ms.Valeria Coggin , Director of Assessment Town of Ithaca 128 E. Buffalo Street Ithaca, NY 14850 Central State of New York County of Tompkins Office of Real Property Services Page' 1 16 Sheridan Avenue Date: 7/23/07 Albany, New York 12210-2714 Time : 11:31 AM 2007 Equalization Rate Status 2006State A (C) Municipal 20077 State Code Municipal Equalization Equalization Percentage Change Name Rate Rate and Status in Estimate of Full Value 509901 Tompkins County Assessing U 90.00 Town of Caroline 85.OA, Final 6.02% Town of Danby Town of Dryden Town of Enfield Town of Groton City of Ithaca Town of Ithaca Town of Lansing _ Town of Newfield Town of Ulysses Column C is the percentage change in the estimate of full value between the 2006 State equalization rate and the 2007 State equalization rate due to the change in full value standard. This percentage change is important because county and school taxes are apportioned according to a municipality's share of the full value of the county or the school. A municipality will be apportioned a larger share of the tax le full value increases by a larger percentage than others, or if its full value decreases less than the decrease for ther municipalities in the county or school. levy if its r The'O"�rmation shown in columns B and C is subject to change as the other tentative rates are established in the count, and as rates are finalized after the completion of rate complaint processing. You will be sent a complete report when we have established 2007 State equalization rates for all municipalities in your county. k"Y- HJ4 te C•[�C'I �f Je1���v1�ru 7/24 Copy: Town Board; J. Kanter JUL 24 2007 Com' r a 46 v✓�-er -- cam- amu] L ,,•�l-P�yt. '° ` U� /c � ,�-b� l.�Jt�. �/? It /tZ_ ��.. • � , Gam-- ` 1�. �'' o17 Ca� �aa4 'vim "Zug- 1 atm MICHAEL A.ARCURI 327 CANNON HOUSE OFFICE BUILDING 24TH DISTRICT,NEW YORK WASHINGTON,DC 20515 202-225--3665 COMMITTEE ON RULES 202-225-1891 FAX TREET COMMITTEE ON TRANSPORTATION �� reps 0 the t iter tater 10 ICA,NY 13501 a UTICA,NY 13501 �+ AND INFRASTRUCTURE LJ 315-793-8146 800--235-2525 COMMITTEE ON SCIENCE315-798-4099 FAX AND TECHNOLOGY mouge of 4.0kepregentatibeg (ON LEAVE) WAzljington, MC 20515-3224 July 25, 2007 JUL 3 0 2007 Town of Ithaca Town Board -- - -- ` 215 North Tioga Street Ithaca,NY 14550-4357 Dear Friends, Thank you for contacting me to express your support for the impeachment of Administration officials. There are many areas where the Administration and I disagree, and I have been outraged by the secrecy and partisanship they have employed in pursuit of their objectives. As a former District Attorney,I am deeply troubled by questions regarding the legality of the NSA warrantless surveillance program, as well as open-ended detention of enemy combatants without access to due process. The newly-elected Congress has a critical role to play in getting to the bottom of these secret initiatives, and I am confident that the full facts of these issues will be presented and debated in a public forum. Over 100 hearings on mismanagement of the Iraq War alone have been held since the new Congress began in January. You may also be pleased to learn that I recently voted in favor of Congressman McGovern's Iraq redeployment bill, which would have begun a responsible redeployment of our troops beginning 90 days after passage. Additionally,the House and Senate Judiciary Committees and the House Oversight and Government Reform Committee have been working to shed light on dozens of other questionable Administration policies. I assure you, I am in favor of vigorous and extensive investigations into the intelligence behind the Iraq conflict,the Administration's energy policy, domestic surveillance,and other critical issues. However,the new Congress was elected to chart a new direction for America, and I strongly believe that the lengthy, costly impeachment process would not only further divide our country, but would distract us from the goals of true reform and progress. We now have the opportunity to reverse many of the disastrous policies implemented over the past six years, and 1 am focused on working with my colleagues on both sides of the aisle to legisiate positive change. Please don't hesitate to contact me again if I can be of help on this or any other matter. Sincerely, Michael A. Arcuri Member of Congress - MAA/nm PRINTED ON RECYCLED PAPER TOM[]F'lKIINS (CtQ>lUINT Y ]EN\v1[ROalvAMHENTA IL AWANA\GIEMI ENT GO>-lC](N LIL oQ�-%'! ° d 121 East Court Street Ithaca, New Yorks. k485a Telephone(6o7)274-5560 Fax(6o7)274-5578 r -- WWW.tOmpkins-co.org/exec JUL 27 2007 RESOLUTION 03 -2007: RECOMMENDING THE PROTECTION OF SAPSUCKER:WOOD VNA= 106. Whereas, Sapsucker Woods(UNA-106) is an extremely important Unique Natural Area in Tompkins County and in the Town of Ithaca; and Whereas,the quality of the ecological communities,presence of rare and scarce plants and animals, and the diversity of plant and animal life all contribute to the unique nature of UNA-106; and Whereas,the large size of UNA-106 is also of value in helping to maintain its ecological integrity and diversity,making it more resistant to ecological disturbances along its edges, and enabling the UNA-106 to support scarce forest-interior songbirds and woodland hawks that are very sensitive to habitat fragmentation and require large intact woodlands; and Whereas,the Hemlock-hardwood and Red Maple-hardwood Swamps found throughout the Sapsucker Woods UNA-106 are of very high quality and particularly worthy of protection. These valuable wetlands protect the local water quality by filtering sediments and pollutants and detoxifying groundwater.They soak up storm water runoff,store floodwaters,and maintain surface water flow during dry periods.These swamps also provide essential water, food, and habitat to hundreds of local species of flora and fauna; and Whereas,rare and scarce plant species found in UNA-106, which serve as indicators of very high quality sites, include: Local rank Scientific Name Common Name very rare Aplectrum hyemale puttyroot Scarce Aronia melanocarpa black chokeberry Scarce Cardamine pratensis cuckoo flower Scarce Corallorrhiza trifida early coralroot Scarce Lilium canadense Canada Iily Scarce Lobelia cardinalis cardinal flower Scarce - Phegopteris hexagonopteris broad beech fern Scarce Phryma leptostaehya lopseed The two-leaved toothwort (Dentaria diphylla) and cut-leaved toothwort(Dentaria laciniata)are also present on the site.These are important larval food for the West Virginia white butterfly(Pieris virginiensis).This butterfly is listed as a species of concern for the region; and Whereas, the Sapsucker Woods Sanctuary is an internationally important birding site. Over 230 species of birds have been seen and recorded at the sanctuary and UNA-106.Many are considered either endangered,threatened, or of special concern by New York State. Since 2002,the Cornell Lab of Ornithology a-Bird program has been building a database of bird observations, locally and from across the continent; and The EMC is a citizen board that advises the County legislature on matters relating to the en vironmenr and does not necessarily express the views of the Tompkins County Legislature. Whereas,contrary to studies performed by agents of Mr. Rocco Lucente, owner and proposed developer of land within UNA-106, numerous e-Bird reports verify that the three disputed hawk species of special concern—red-shouldered hawk, sharp-shinned hawk, and Cooper's hawk—are regularly reported in and nearby i TN�,106; and % Whereas,contrary to reports made by agents of Mr. Rocco Lucente,the boundaries of UNA-106 are not in question and all of the area encompassed within UNA-106 is considered to be of significant ecological importance; and Whereas,UNA-106 serves as an important biological corridor,connecting with the Monkey Run Natural Area and the long biological corridor extending along Fall Creek from the county border to downtown Ithaca. Although the intrusion of Sanctuary Drive into UNA-106 was not ideal, it does not disrupt use of the biological corridor by local deer herds, fox, and countless other faunal and floral species; and Whereas, suburban development has gradually encroached around Sapsucker Woods from all sides since the 1950s, The rich wetlands and upland forest comprising UNA-106 is but a small remnant of the expansive open space of decades ago. This area is nearly flat, and small changes in topography and drainage patterns caused by development could deteriorate the quality of this vulnerable site. Changes in the drainage or water level, either an increase or a decrease could devastate the wetland-dependent plant and animal communities and destroy associated habitats used by rare plants,birds, and other animal life. Therefore, be it resolved, and for all the reasons stated above, all development in or near UNA-106 should be avoided. But,if development in or near UNA-106 continues,buffer zones around the wetlands will be needed as additional protection against lawn,roadway, and driveway chemical runoff. Like amphibians and reptiles worldwide, the local frogs, peepers, and salamanders are highly susceptible to environmental ,.. pollutants. The wood turtle(Clemys insculpta), a NYS species of special concern found in UNA-106, is very sensitive to toxins in its aquatic and wetland habitats. Environmental studies recommend using the widest vegetated buffer zone possible around wetland margins, with 100-300 feet as the minimum width. Plantings in buffer zones should be regulated and include a mix of native trees, shrubs, and groundcovers to help protect these sensitive plant and animal communities. We also urge the carefully planning and maintenance of existing roads in the vicinity of UNA-106 so that roadside ditches do not drain the wetlands and spread propagules of invasive species to the natural area; and Be it resolved that the Town of Ithaca is fortunate to have Sapsucker Woods (UNA-106)within its borders and should protect this ecologically valuable area with Conservation Zoning or other protective designations available to the town; and Be it resolved that the Tompkins County Environmental Management Council recommends no fiarther development within the UNA-106 boundary. Date: July 11, 2007 Voting In Favor: 13 Voting Against: 1 Abstentions: 2 '0'"11 2 8/2/07 - copy to Board Correspondence ALBANY OFFICE: CHAIR THE SENATE ROOM 814 COMMITTEE ON INVESTIGATIONS LEGISLATIVE OFFICE BUILDING AND GOVERNMENT OPERATIONS STATE OF NEW YORK i n nn ALBANY.NEW t 55.RK 12247 LEGISLATIVE COMMISSION ON 7 li 1j� �S F f1 426-6976 RURAL RESOURCES llllll U VC I1 T OFFICES: I COMMITTEE MEMBER 'fix_ 2 114E STREET OX 588 Ck.wtE VICTIMS.CRIME&CORRECTION � �n EL 1 9W YORK 14902 ELECTIONS ` I; 1 AUG o 2 M07 F I. 71'732-2 2832 asccsroa ENERGY&TELECOMMUNICATIONS 1 5 E.ST UEN STREET HEALTH GEORGE H. WINNER, JR.ATTEST T 1 N YORK 14810 ITHACA TOWN CLEgK 1607 776.3201 HIGHER EDUCATION SENATOR ( 71 776-5185 JUDICIARY 53RD DISTRICT T ADDRESS: www.senatorwinner.com winner0senate.state.ny.us July 31, 2007 Catherine Valentino, Supervisor Town of Ithaca 215 North Tioga Street Ithaca,NY 14850 Dear Cathy: Thank you for sharing with me a copy of your board resolution requesting that long haul trucks utilize the interstate highway system,particularly those trucks hauling municipal solid waste from the downstate area to the Seneca Meadows Landfill in Waterloo,NY. I certainly understand your concerns about the number of these trucks traveling through Tompkins county. You should know I have been in contact with several of my colleagues in the Senate regarding this issue. In addition,my office recently participated in a meeting with Governor Spitzer's Regional Representative, Dan Young. This meeting was attended by representatives from the office of state Senator DeFrancisco, state Senator Valesky, U.S. Senator Chuck Schumer, and the Upstate New York Safety Coalition to express the concerns we have heard and the need for the Governor's leadership to help address this issue facing the many communities of the Finger Lakes Region. There is also an effort to work with NYC Mayor Michael Bloomberg's office to obtain his assistance to enforce the language of their contracts with the garbage haulers traveling upstate to dispose of their solid waste at Seneca Meadows. These contracts call for trucks to utilize the interstate highway system and avoid residential areas whenever possible. Please know that any solution will require a collaborative approach and I am ready to work with all interested parties to help address this very important issue. I will continue to monitor this situation closely and will update you if I hear of any new developments. In the meantime, if I can be of further assistance,please don't hesitate to contact my office. Sincerely, George H. Winner,Jr. 110� Member of Senate GHW/pp 0 Carrie Whitmore om: M3rd, Ilc [bauman.steve@gmail.com] cent: Wednesday, August 15, 2007 5:20 PM To: Pat Leary Cc: Herbert J Engmen; willburbank@wcny.rr.com; Jonathan Kanter; Susan H. Brock; Carrie Whitmore; John Rancich Subject: Re: Carrowmoor Housing Attachments: MIQ Proposal.pdf MIQ Proposal.pdf (161 KB) Greetings all, Attached are the descriptions and graphic illustrations of our Proposal for the Creation & Stabilization of Median Income Housing within the Town of Ithaca in pdf format, as requested by you at our Tuesday AM meeting. Please call with any questions. Let us know when you want to re-meet. Thanks, Steven .teven Bauman M3rd, Ilc Healthy, Sustainable Design & Implementation 607.592.5181 cell bauman.steve@gmail.com 1 p•\ PROPOSAL to the Town of Ithaca for Creation and Stabilization of Median Income Housing As developers of Carrowmoor, we desire, and have proposed a diverse cross-section of economic levels for home ownership mixed throughout the Carrowmoor community. These proposed levels of purchasers include 90%thru 120%median income buyers, as well as buyers of higher means for the luxury condominium homes. There are two primary concerns with the purchase of homes by qualified median income level homebuyers: 1) Will the Median Income Qualified(MIQ)buyer benefit from the risk they have undertaken in the form of property equity upon sale, and if so; 2) How can these properties(or others)then remain as reasonably priced homes to median income qualified(MIQ)buyers within the Town? We believe that the following proposal solves both of these above issues allowing: The Town of Ithaca: to benefit thru an ongoing supply of median income priced housing, regardless of current market rate or their location within the Town; The Median Income Buyers: to have desirable options for purchasing housing within their means while also later benefiting from the equity created by their home upon its re-sale; The Developers of Carrowmoor: to supply the initial MIQ homes at reasonable pricing without creating any unnecessary deed restrictions upon the median income priced homes,which can negatively affect the values of adjacent homes. We propose the following highly innovative program for the Town's consideration: Create a TRUST for partial funding of Median Income Housing within the Town. The sole purpose of which is to create desirable opportunities for purchase of median income homes, throughout the Town. This TRUST will underwrite the equity of real property market rate homes,thereby enabling the purchase of these homes by the 90%-120%median income qualified (MIQ) buyers, within their qualified price range. This TRUST s to be administered by a local financial institution with the TRUST's board of directors made up of local business/resident cross-section: ■ lawyer •accountant -real estate broker ■ -social administrator -MIQ citizen -Town representative The funding of the TRUST shall be a small (or partial)percentage of the current Town Tax Rate, applied Town-wide, and set aside exclusively for underwriting and benefit of any qualifying(MIQ) Buyer of their primary residence within the town. This shift of /00%� appropriation of monies within the Town budget will be more than mitigated by the new monies received from the proposed taxable properties coming on-line within the Town Of Ithaca p. 1 of 5 Creation & Stabilization of Median Income Housing proposed Carrowmoor community. This process's operation and some of the basic rules are as follows: 1) No underwriting of equity is currently required for the initial sale of the Carrowmoor homes. The Developers of Carrowmoor will supply and sell a minimum of 10%of their housing units as median income qualified priced housing within the range of Buyers with 90%-120%of the County median income, relying on current market factors and conditions. 2) Potential median income Buyers will be pre-qualified for levels of purchase pricing and their subsequent underwriting amount, either by the local real estate brokers, or a social housing agency, such as Better Housing for Tompkins County, Inc. prior to tendering a purchase contract on a home. 3) The median income qualified(MIQ) Buyer/Owner must reside in the subject property during their ownership. The Trust's Board does not allow rental or sublet of the home without express written permission based only on extenuating circumstances for the Owner. 4) Only after a minimum required two-year residency period, shall the(MIQ) Owner receive 100%of their equity from the home upon Re-Sale. This requirement shall be placed as a mortgage lien upon the premises by the Trust,to be paid/resolved/released upon re-sale of the home. a. In the event a re-sale occurs prior to the end of the two-year period, the property equity shall be split 50%-50%, with equal shares going to the home Seller and the Trust in exchange for a release from the Trust's lien. 5) When ANY `reasonably priced' home comes up for sale anywhere within the Town, it shall occur at market rate. IF the new Buyer is median income qualified(MIQ)between 90% -120%, and the home is `reasonably priced-but above the limits of being MIQ,the Trust shall step in to pay equity money from the TRUST to the Seller to `buy-down' the finance price for the new(MIQ)Buyer to their qualified pricing level,after approval of the Buyer's application by the Board. This `buy-down' becomes a low interest mortgage upon the home,payable to the TRUST in full upon the home's re-sale. This re-payment is outside of any other required equity split due to less than a two-year residency requirement. Maximum underwriting shall be no more than, or lower than down to 90%qualified median income home pricing(from market rate sale price down to the pricing level for which a 90% median income qualified Buyer could afford the mortgage). Town Of Ithaca p. 2 of 5 Creation & Stabilization of Median Income Housing ^41 How the Residency Requirement works: Carrowmoor MIQ home for sale Sale to Median Income Qualified Buyer(MIQ) RE-SALE NOT Owner's residency Req'd 2 Year LT—I/ requirement NOT MET at time of Re-Sale Residency n n equity to Ow eJlvlh Owner-Seller IF MET: 50%equity penalty 100%equity to to Trust-fund Owner-Seller /-VAN Town Of Ithaca p. 3 of 5 Creation& Stabilization of Median Income Housing How TRUST underwriting works: MIQ Buyer submits `Reasonably'priced purchase-equity-write- Market Rate Home for MarketMarket Rate Sale down application to Sale within Town to Market Rate Buyer TRUST for approval (above MIQ pricing) Rate NO TRUST involvement 4; TRUST approves MIQ application and PAYS Seller $ 'purchase-equity- Pricing to MIQ Housing write-down'to reduce mortgage to level after M1Q Buyer equity-write- MIQ TRUST Lien placed by TRUST for'purchase-equity- write-down'amount at low interest-repayable upon Re-Sale Purchase by MIQ Buyer- 2 year residency requirement RE-SALE IG Repayment of ALL IF Residency mortgages on property Requirement is MET: Payment to TRUST NOT Owner's residency 100%equity goes to (plus interest)for C� requirement NOT MET Owner-Seller purchase-equity-write- MET at time of Re-Sale down'to release Lien v 50%equity to Owner-Seller 50%equity penalty to Trust-fund I� Town Of Ithaca p. 4 of 5 Creation& Stabilization of Median Income Housing We believe that the above innovative proposal is a fair and equitable win-win solution for all involved parties concerning the continuing availability of Median Income housing for purchase- throughout the Town of Ithaca community. • The Town benefits from: o continued availability of numerous units of MIQ housing throughout the Town o reduced traffic trips as MIQ residents can live closer to where they work o upward mobility of lower social-economic peoples within the Town o a more stable and diverse housing community o being first in the Nation to implement a fair and equitable MIQ housing program • The MIQ Buyers benefit from: o more availability of housing options throw lg gout the Town 0 opportunity to gain the full equity from their risk of homeownership o ability to improve their economic level of life • The Developer of Carrowmoor(and others) benefit from: o Creating the desired diverse economic mix within the Carrowmoor community o Limiting the continued involvement of pricing control of real estate o Lack of detrimental deed restrictions upon the community We ask the Town of Ithaca to strongly consider this unique approach. Respectfully submitted, /nRZancich Carrowmoor Steven Bauman for Carrowmoor Town Of Ithaca p. 5 of 5 Creation & Stabilization of Median Income Housing } * THE STATE EDUCATION DEPARTMENT/THE UNIVERSITY OFTHESTATEOFNEW YORK/ALBANY,NY 12230 s $� Goof Huth,Director,Government Hacords Services OF ly 9A47 Cultural Education Center,Albany,NY 12230 Tel.5181402-5371 fax 518/486.4923 O 5 E•mait ghuth@mad.nysed.gov i AUG 302007 24 August 2007 FATTEST L ITHACA TOWN CLERK Tee-Ann Hunter Town Clerk Town of Ithaca 215 North Tioga Street Ithaca,NY 14850 Dear Tee-Ann: I am writing to thank you for the hospitality you showed State Archives staff on July 3131,but also for so much more. r� First, I truly appreciate your allowing us to use the space in your beautiful town hall once again. Because our rules of engagement do not allow us to pay for meeting space, we rely on the generosity of our friends to lend asspace,and we were very happy with the room. Also,thank you for the presentation on your educational uses of government records project. Most of us had no knowledge of this project at all, and I found your teaching packet to be among the best I have ever seen. Its focus on civics---on understanding the workings of our government,which has such an effect on our lives—was not only refreshing but remarkably practical. I found it remarkable how the lessons really teach about government. The examples and activities were dead-on right and perfectly real. That is why I wasn't surprised to learn that the Town of Ithaca will be receiving an Archives Week award for educational uses this year, (Expect to see the formal letter verifying this in the middle of September.) Finally, let me thank you for who you are, what you have done, and how you have helped our cause: improving the care of and access to government records. On the face of it,that sounds boring, but you know how much work, interest, and human contact doing that well really takes. Your energy is always bracing, and the job you have done with records in the Town of Ithaca has never ceased to amaze us. Of course, this means I am sorry you will be retiring soon,but I wish you a retirement as fulfilling as the work you have already done. We are forever in your debt. If there is ever anything I can do to assist,please be sure to-ask. Sincerely, Tompkins County ---- Industrial Development AgencyUU - Administration pr•o rlJ� T 5 — Irl�nCn August 28, 2007 Hon. Timothy Joseph Judith Pastel, Superintendent Chair, Tompkins County Legislature Ithaca City School District 320 North Tioga Street 400 Lake Street Ithaca, New York 14850 Ithaca,New York 14850 Han. Catherine Valentino Paul Mintz, Asst. Superintendent Ithaca Town Supervisor Ithaca City School District 215 North Tioga Street 400 Lake Street Ithaca, New York 14850 Ithaca, New York 14850 Re: Ithacare Center Service Company, Inc. Project Ladies and Gentlemen. Ithacare Center Service Company, Inc. (d/b/a Longview, an Ithacare Community), a New York not-for-profit corporation (the "Company") has requested that the Tompkins County Industrial Development Agency (the "Agency") issue its civic facility revenue bonds in one or more issues or series in a aggregate principal amount not to exceed $14,000,000 (the "Bonds") for the purpose of financing and refinancing of a certain project (the "Project") for the benefit of the Company consisting of (A) the refinancing of the Agency's $11,350,000 original principal amount Civic Facility Revenue Bonds (FHA Insured Mortgage—Ithacare Center Service Company, Inc. Project), Series 1997 (the "1997 Bonds"), the proceeds of which were used to finance (i) the acquisition, construction and equipping on approximately 28 acres of land located at I Bella Vista Drive (also known as 980 Danby Road, in the Town of Ithaca, Tompkins County, New York (the "Land") of an approximately 129,700 square-foot licensed adult home and HUD-approved assisted-Iiving facility (the "Existing Improvements") and (ii) the acquisition and installation in and around the Existing Improvements of certain items of machinery, equipment, furniture and other tangible personal property (the "Existing Equipment"); (B) the acquisition, construction and equipping on the Land of an approximately 24,700 square-foot expansion to house an additional thirty-two (32) residential care beds and related improvements (the "Improvements"); (C) the acquisition and installation in and around the Existing Improvements and Improvements of certain items of machinery, equipment, furniture and other tangible personal property (the "Equipment" and collectively with the Land, the Existing Improvements and the Improvements, the "Facility"); (D) the funding of a debt service reserve fund to secure the Bonds; (E) paying certain costs and expenses incidental to the issuance of the Bonds (the costs associated with items (A) through (E) above being hereinafter collectively referred to as the "Project Costs"); and (F) the lease (with an obligation to purchase) or sale of 200 East Buffalo Street, Suite 102A, Ithaca, New York 14850 • phone: (607)273-0005 -fax: (607)273-8964 Tompkins County Industrial Development Agency the facilities financed with the Bonds to the Company or such other person as may be designated by the Company and agreed upon by the Agency. The Agency will hold a meeting of its members on or about October 5, 2007, at 3:30 p.m., local time, at the Agency office at Scott Heyman (Old Jail) Conference Room, 125 E. Court Street, Ithaca, New York, to consider the approval of all the documents necessary in connection with the transaction between the Agency and the Company, including a payment-in- lieu-of-tax-agreement (the "PILOT Agreement") between the Agency and the Company, the terms of which are proposed to contain a deviation from the Agency's Uniform Tax Exemption Policy (the "Policy"). _ The Agency�roposes to provide financial assistance to the Company in the form of exemptions from mortgage recording taxes and sales and use taxes, consistent with the Policy, and a partial tax abatement of real property taxes for the term of the Agency's ownership of the Facility. The proposed abatement under the PILOT Agreement deviates from the Policy because, if approved, it will provide a 100% exemption from real property taxes with respect to the Facility for a ten year period. The Agency proposes to deviate from the Policy in order to assist the Company in the refinancing of the current building, and the addition of the special care building expansion to permit the Company to utilize available financial resources to provide the maximum subsidy to the greatest number of supplemental security income, low and moderate income seniors who require supervised residential care. The Facility is currently subject to a similar existing PILOT Agreement dated February 17, 2000, pursuant to which the Company is exempt from 100% of all real property taxes until 2010. We are providing this letter to you, pursuant to Section 874 of the General Municipal Law, as the Chief Executive Officer of an affected tax jurisdiction within which the Facility is located to notify you of a proposed deviation from the Agency's Policy. Prior to taking final action on the proposed deviation, the Agency will review and respond to any correspondence received from any affected tax jurisdiction regarding such proposed deviation. The Agency will allow any representative of an affected tax jurisdiction present at the meeting to consider the proposed deviation to address the Agency regarding such proposed deviation. Very truly yours, TOMPKINS NDUST AL DEVELOP By: anon Admin' trative Director 200 East Buffalo Street, Suite 102A, Ithaca,New York 14850-phone:(607)273-0005 •fax:(607)273-8964 Carrie Whitmore From: Herbert J Engman [hjel @cornell.edu] ent: Wednesday, August 29, 2007 11:04 AM ro: Carrie Whitmore Subject: Fwd: Carrormoor Decision Carrie, sorry - this should have CCed to the Town Clerk's office. herb >Date: Wed, 29 Aug 2007 10:59:34 -04001Q,�e >To- 'Mrd, Ilc" <bauman.steve@gmail.com> Sj�F u vr�au, 1 >From: Herbert J Engman <hjel @cornell.edu> >Subject- Carrormoor Decision >Cc: <JKanter@town.ithaca.ny.us>, "'Herbert J Engman"' ><hjel@cornell.edu>, "'Pat Leary"' <pll7@cornell.edu>, "'Susan H. Brock"' ><brock@clarityconnect.com>, <willburbank@twcny.rr.com>, >Hi, Steven. Sorry to be slow in my reply to your latest inquiry, but we >were close to a decision and thought it best to wait. > >The Carrormoor Town Board Committee intends to recommend to the full >Town Board on September 10 that the town staff and attorney for the >town be authorized to write a local law establishing a planned unit >development for the Carrormoor project. Such authorization does not imply approval. -Rather, it is the first step in the long process to put down on paper all that we have discussed. Once the draft law is completed, the SEAR >review, Town Planning Board review, zoning change, etc., must happen >before final approval. >There is one major change: the committee will recommend that more >traditional deed restrictions be used to continue the affordability of >10% of the units rather than the process you suggested. There is also a >minor >change-. in case there is a problem with materials for the trail to the >City, there will be a statement that either materials or a monetary >contribution of $60,000 will be provided. As you had previously noted >any financial contribution would occur only after the project has an >income flow from the sale of units. > >Thanks for your patience. As you are probably aware, any project of >this size will generate considerable controversy in the community and >we must proceed with a genuine sense of fairness to all. > >Herb Engman i CORNELL LABORATORY of ORNITHOLOGY 159 SAPSUCKER WOODS ROAD • ITHACA,NEW YORK 14850-1999 OFFICE OF THE DIRECTOR John W. Fitzpatrick Phone: (607) 254-2410 Fax: (607) 254-2345 Email:jwf7®cornell.edu 31 August 2007 To: Ithaca Planning Board From: John W. Fitzpatrick, Director, Cornell Lab of Ornithology As you know,we have been in discussion with Mr. Lucente for several years about a possible, significant donation of forested property to Cornell University,to be annexed and managed as an addition to the Sapsucker Woods nature preserve. We understand that this donation has been envisioned in conjunction with Mr. Lucente's simultaneous planned development of new residential units bordering the gifted property to the south. With respect to forested property now bordering the Sapsucker Woods preserve, our mission obviously dictates strong preference that, in an ideal world,no additional development occur. However,when any development does occur, we consider it vital to the sanctity of Sapsucker Woods that such development be ecologically and hydrologically responsible,carefully monitored, and significantly buffered from direct impact on the existing Sapsucker Woods preserve. The proposed gift of 25 acres by Mr. Lucente would in fact represent a significant ecological buffer. Without any doubt, incorporation of these 25 acres into Sapsucker Woods would enhance the long-term ecological well-being of our existing preserve far more than would any scenario involving development or other use of those acres. As we have expressed to Mr. Lucente, we are willing and grateful to accept the gift, and would manage this tract in perpetuity according to the same ecological values we apply to the existing preserve. •A MEMBERSHIP ORGANIZATION FOR THE STUDY AND CONSERVATION OF BIRDS• Page I of I Carrie Whitmore From: Mary Russell [MLRussell@twcny.rr.com] Sent: Friday, September 07, 2007 9:29 AM To: Jonathan Kanter Cc: townclerk@townJthaca_ny.us Subject: Fwd: Update on the VVaste Management Project Here is an update for the Town Board's information on the Waste Management Project at the Cornell Veterinary College. Mary Russell Begin forwarded message: From: Paul Jennette<0oi22 cornell.edu> Date:August 31,2007 9:54:22 AM EDT To:bevlivesayeearthlink.net, bbe2@cornell.edu,dbinns@twcny.rr.com,dsk11 cornell.edu, kennyc@ithaca.edu, MLRussell�twcny.rr.com, rm20@cornell.edu,seltzer@ithaca.edu Subject: Update on the Waste Management Project Folks, As August comes to a close, I just wanted to take this opportunity to update you on the status of the Waste Management Project. *Alk At our June 27 meeting,we discussed how the SUCF was requesting written confirmation from the 3 potential digester manufacturers of their ability to supply and support the tissue digester needed for this project. SUCF received two written responses(from BioSafe and PRI), both ol'\rhich they determined to be acceptable. (Gordon Kaye of WR2 called to say that the company is in the midst of being purchased and planned to respond to the request, but we have not received anything in writing from them yet.) Based on those responses, SUCF has decided to proceed to advertisement of the project for bidding. They are currently working with Malcolm Pirnie to update the project's construction cost estimate, for comparison to the bids. Once the estimate revision is complete, SUCF will advertise the project and I will (very happily) send you all an updated project schedule. Have a great Labor Day weekend! - Paul PS in case you are interested, here are the websites for BioSafe and PRI: http://biosafeenL,inceriny,.com/Home_Pas e� html http://www.pros4ressive-recovery.cot-n/ J.Paul Jennette,P.E.,RBP Biosafety Engineer Cornell University College of Veterinary Medicine Biosafety Program 52-060 Schurman Hall, Box 2(607)253-4227 Ithaca,New York 14853-6401 fax-4488 9/7/2007 10/15/2008 TOWN BOARD MEETING ATTACHM�Ai-'F--- � n� U SEP 2 r'�"'•!OF iTNACA STATE OF NEW YORK �'�fi�' , F��'=•^lEERi;vG DEPARTMENT OF AGRICULTURE AND MARKETS 10B Airline Drive Albany, New York 12235 Division of Agricultural Protection and Development Services 518-457-7076 Fax.518457-2716 September 17, 2007 Hon. Catherine Valentino, Supervisor Mr. Kirk Sigel, Chair Town of Ithaca Town of Ithaca Zoning Board of Appeals 215 North Tioga Street 215 North Tioga Street Ithaca, NY 14850 Ithaca, NY 14850 Re: Review of the,Town of Ithaca's Zoning Code and the Administration of the same, as it Pertains to Six Mile Creek Vineyard Which is Located Within Tompkins County Agricultural District No. 1 Dear Supervisor Valentino and Chair Sigel: Dr. Robert Somers, Manager of the Department's Farmland Protection Unit, contacted Mr. Battistella concerning the Department's review of the Town of Ithaca's Zoning Code and its application to Six Mile Creek Vineyard. Mr. Battistella requested that the Department discontinue its review of the Town's Zoning Code. The Department will close its file on this case. Thank you for your assistance with regard to this matter. Sincerely, William Kimball Director cc: Roger and Nancy Battistella Dan Konowalow, Chair, Tompkins County AFPB Susan Brock, Esq., Ithaca Town Attorney Jonathan Kanter, Town of Ithaca Director of Planning Dr. Robert Somers, Dept. of A&M Danielle Cordier, Senior Attorney, Dept. of A&M SUSAN H. BROCK. ` Attorney at Law 306 East State Street, Suite 230 Ithaca, New York 14850 Telephone: 607-277-3995 E-mail: brock@clarityconnecLcom Facsimile: 607-277-8042 October 2,2007 David Tyler,Esq. Miller Mayer,LLP 202 E. State St., Suite 700 Ithaca,NY 14850 Re: Mr.Rocco Lucente Dear David: This letter responds to your September 26,2007 letter and confirms our telephone conversation of yesterday. Mr.Lucente's recently filed Development Review Application(DRA)(copy attached)states, "Also,by filing this application,permission is granted to members of the various Town Boards, Committees,Planning and Engineering Staff,and Councils,and/or any other persons designated by the Town that may be involved in the review of this application,to enter the property specified above to inspect in connection with the review of this application." While it is the Town's position that the DRA gives it the right to enter the property without coordinating with Mr.Lucente's representatives,the Town will nonetheless coordinate access with Mr. Larry Fabbroni. If he is not reasonably available,I will contact you and you will make another representative reasonably available,with everyone keeping in mind the Town's consultant will need access in the very near future before the foliage falls. If,however, no representative of Mr.Lucente can be made available to accompany the Town's consultant on a site visit within a reasonable amount of time after notification by the Town,the Town reserves the right to have its consultant enter the Lucente property without a representative of Mr.Lucente present. We also agreed that Mr.Lucente's representative may observe the consultant while on-site,but the representative will not interfere with the consultant's work or distract the consultant by talking to him/her. We also discussed the statements in your letter about residents entering Mr.Lucente's property without his permission. The Town has not encouraged residents to go on Mr.Lucente's property,nor does it have an obligation to discourage them from doing so. You stated you have put the Save Sapsucker Woods group on notice of Mr.Lucente's position regarding resident entry on his property by sending them a copy of your letter,and you further stated your purpose in raising this issue in your letter has been met. Sincerely, Susan Hajda Brock a Enclosure David Tyler, Esq. October 2,2007 Page 2 cc: Catherine Valentino, Supervisor Town Board members Jonathan Kanter,Director of Planning Daniel Walker,Town Engineer Fred P.Wilcox,III,Planning Board Chair Diane Conneman, Conservation Board Chair TOwry OF X DEV ELOR HIEN I' FOR OFFICE USE ONLY o ' 215 North Tioga Sttce REVIEW Date Received i 7q�. Ithaca,NY 14850 Protect No. L-AWLWA: ION (607)273-1747 ALL APPLICATIONS: i W- Type of Application: Subdivision_ i e 'Ian iRezoning. Special Pernlit Stage of Review: Sketch Preliminary Final Add'1 Meeting Project Name(if any): 0 dQD Street AddresslL.ocation of Project: t`i=i fill��0 00L- Tax Parcel No.: 70,l6— 3, Owner: Rocco /v ec / Owner's Address: 1w0 km�U?000 A�f rC Phone No.: 601_ Applicant or Agent(if different from Owner): l� " Applicant/Agent's Address: f �7 �l r ;'��'`:,r r 7 ( �� Phone No.: 6o7 510940 Engineer �/�jl;��' D �31�/ Phone No.: Architect: Phone No.: ? homey: f/ �� .�' Phone No.: X���7 SUBDIVISION APPLICATIONS: Total number of lots proposed(existing-1-new): Are new roads or public utilities proposed? f! v Estimated site improverrient cost(exclude cost of land acquisition &prof. fees): SITE PLAN APPLICATIONS: Project is(circle one): �esidential Non-Residential Lot Area: Total Bldg.Floor Area: No. of Dwelling Units: Estimated project cost(exclude cost of land acquisition&prof. fees): REZONING APPLICATIONS: 1Hx1sting Zoning: Proposed Zoning: ALL APPLICATIONS:. f The information on titin application farm is submitted,in addition to other information,plats,and plans required by the Town oflthaca: I attest tha 1l''information so submitted is complete and accurate to the best of my knowledge: Also,by film,,this application,permission is granted to member f the various Town Boards,Committees,Planning and Engineering Staff,and Councils,and/or any other persons designated b}the Town that may b involved in the review of this application,to enter the propertyspecified above to Jnspect in connection with the review otltliis application. f 1 Otiviicrts Si- Au nature Ua1c ApplicanUAgent Sin<�ture(if different) D'to 05/30/04 Carrie Whitmore From: Richard Ripple [rer2@cornell.edu] ent: Tuesday, October 16, 2007 11:57 AM Towncierk@town.ithaca.ny.us Subject: Illegal aliens and driver's licenses Unbelieveable! One branch of government applauds another branch of government that sanctions illegal immigrants by giving them driver's licenses. So much for the rule of law. And the message sent to all, especially young people, is that it is OK to engage in bad behavior (illegal behavior) if you make a Faustian bargain to lower insurance rates, bring them out of the shadows, help the agicultural sector of the economy, etc! Wow! $$$$$ trumps law,eh? Well, there are some of us (many/most, actually) who do believe in the rule of law.) And the specious argument, "They are going to drive anyway." defies any kind of moral logic. Send them home to their country so that they can drive there. Why deprive their home country of all of that energy, talent, creativity, etc.. We are actually co-conspirators in depriving their home countries of potential growth . Stop it.....just stop it (i.e., the sanctioning of illegal behavior!) It's just wrong........RER PS....for the Town Board 1 Carrie Whitmore From: Herbert Engman [hje1@cornell.edu] nt: Tuesday, October 16, 2007 3:11 PM X rer2@cornell.edu Cc: Carrie Whitmore Subject: Re: FW: Illegal aliens and driver's licenses Richard, thanks for your thoughts. I can assure you recent immigrants do not want to work illegally. The fact is for the most part they have been recruited by farmers (or via their crew bosses), restaurants, hotels, landscaping services, meat-packing plants, etc. The employers are acting illegally, but suffer no consequences for their actions. Where is the criticism of them for breaking the law? Because much of agriculture has remained in the dark ages regarding labor management, local workers will no longer put up with the poor pay, lack of benefits and dangerous working conditions. There has been a solution for agriculture before Congress for years: the AgJobs bill, which is supported by both agribusiness and farmworkers interests. But, a few extreme right radicals have kept the bill from passing to allow farmworkers to work under a legal status. It is US foreign policy, notably NAFTA, that has driven Mexican farmers off the land and caused them to be vulnerable to entreaties from US employers. It's either come to the US or not be able to support themselves or their families. Recent immigrants pay a heavy price for their immense contributions to the US economy: they pay income taxes and Social Security, but can not get tax refunds or SS because they don't have a SS number. In effect they are subsidizing the tax burden and SS for the rest of us. We are all part of the problem because we demand cheap food, by far the cheapest in the world. 140 The least we can do is allow them to have driver's licenses so that they can buy insurance and get bme basic training in traffic rules and laws. Taking your argument to its logical extreme: all of us who are non-native American should be sent back to our countries of our (ancestors') origins because we occupied this country not by rule of law but by conquest. What's legal about empire-building? Herb At 02:13 PM 10/16/2007 -0400, you wrote: >-----Original Message---- >From: Richard Ripple [mailto:rer2@cornell.edu] >Sent: Tuesday, October 16, 2007 11:57 AM >To: Townclerk@town.ithaca.ny.us >Subject: Illegal aliens and driver's licenses >Unbelieveable! One branch of government applauds another branch of >government that sanctions illegal immigrants by giving them driver's >licenses. So much for the rule of law. >And the message sent to all, especially young people, is that it is OK -'*"N>to engage in bad behavior (illegal behavior) if you make a Faustian '"bargain to lower insurance rates, bring them out of the shadows, help the agicultural sector of the economy, etc! Wow! $$$$$ trumps >law,eh? Well, there are some of us (many/most, actually) who do 1 Carrie Whitmore From: Pat Leary[pll7@cornell.edu] ent: Tuesday, October 16, 2007 3:21 PM o: rer2@cornell.edu Cc: hengman@town.ithaca.ny.us;jcowie@town.ithaca.ny.us; pstein@town.ithaca.ny.us; sgittelman@town.ithaca.ny.us; wburbank@town.ithaca.ny.us; Cathy; Carrie Whitmore; Karen Billings Subject: Undocumented immigrants Dear Mr. Ripple: First of all, it's only illegal if the government says it is. By definition. The governor, like the president, has administrative authority to issue orders to the agencies under his branch of government. He's ruling on who can apply for a driver's license. You know, like the president's executive orders. It's the same principle, whether you agree with one or disagree with the other. If the state Senate wants to complain about it, it has a right to. If county legislators want to complain, they have the right to. We in town government have a right to weigh in on it as well, even if in our case, we agree with the governor. You may not like the position we take, but there's no violation of rule of law in any of this. Second, if you want to talk about violating the rule of law, or morality, I'd suggest taking a look at the national executive level. By the way, the term is "undocumented immigrants," not illegal aliens. We're talking about people, not little green men with antennae landing in spaceships. Not terrorists establishing a beachfront on Cayuga Lake. Just people who work very hard for very little pay. And you want to take away even their ability to drive. It's just wrong. `�,�Unbelieveable! One branch of government applauds another branch of -government that sanctions illegal immigrants by giving them driver's >licenses. So much for the rule of law. >And the message sent to all, especially young people, is that it is OK >to engage in bad behavior (illegal behavior) if you make a Faustian >bargain to lower insurance rates, bring them out of the shadows, help >the agicultural sector of the economy, etc! Wow! $$$$$ trumps >law,eh? Well, there are some of us (many/most, actually) who do >believe in the rule of law.) > >And the specious argument, "They are going to drive anyway." defies any >kind of moral logic. Send them home to their country so that they can >drive there. Why deprive their home country of all of that energy, >talent, creativity, etc.. We are actually co-conspirators in depriving >their home countries of potential growth . >Stop it.....just stop it (i.e., the sanctioning of illegal >behavior!) It's just wrong........RER >PS....for the Town Board 1 Carrie Whitmore From: webmaster@town.ithaca.ny.us 110�ent: Tuesday, October 16, 2007 3:12 PM o: townclerk@town.ithaca.ny.us Subject: Data posted to form 1 of http://www.town.ithaca.ny.us/Feedback.htm department: Town Board MessageType: Complaint Subject: Service SubjectOther: Tompkins County SPCA Username: Anna M. Stalter userstreet: 1337 Slaterville Rd. Apt. 3 usertown: Ithaca UserEmail: ams15@cornell.edu UserTel: 607-379-0924 UserFAX: 131: Submit Comments: I have heard that the SPCA will be increasing fees, justifiably, to a more realistic rate. Although this may be burdensome for participating municipalities, including the Town of Ithaca, I hope we can all acknowledge the fine work and service of the SPCA and continue to support their laudatory goals /%�nd efforts. Thank you. i Carrie Whitmore From: Herbert J Engman [hje1@cornell.edu] ' nt: Tuesday, October 16, 2007 3:40 PM ams15@cornell.edu Cc: townclerk@town.ithaca.ny.us Subject: SPCA Thank you for your message concerning the SPCA and its request for increased funding from the Town of Ithaca. The Tompkins County Council of Governments has opened negotiations with the SPCA to attempt to solve some of the issues so that service may continue uninterrupted for all municipalities in 2008. There is some question whether the SPCA will be willing to continue contracts for animal control if some of the municipalities pull out of the arrangements. Also, it is not clear whether the SPCA wants to continue to provide this service in the future. In any case, it is a complicated situation and I think the Town of Ithaca is dedicated to seeking a solution even if that entails a reasonable increase in costs. Speaking just for myself, I would prefer to stick with the SPCA if at all possible because of their track record and dedication to kind treatment of animals. Herb Engman /WON 1 Page 1 of 2 Karen Billings From: C. Kevin Synnott, PhD [cksynnott@charter.net] Sent: Sunday, October 21, 2007 6:34 PM To: townclerk@town.ithaca.ny.us Subject: Norms Clarification Attachments: Norms Clarification.doc Dear Town Clerk, The following information may prove to be helpful in reducing substance abuse problems. Would you please share this with members of the community who are involved with substance abuse prevention, for example, the police and school administrators? Thank you. The following information regarding college, university, and high school students' misperceptions associated with the consumption of alcohol is not new. However,the alcohol abuse prevention model designed to address these social norms attached to this email is unique. College, university, and high school students inaccurately perceive that their peers drink more alcohol than they do themselves. College students also misperceive that their peers are more comfortable in drinking situations than they are themselves. (I have not studied high school students'perceptions of comfort in drinking situations. However, they may have the same misperceptions as college students.) Students may drink more to try and fit in. They already fit in,but they do not realize it. Clarifying these misperceptions might result in fewer alcohol related problems in our schools. I completed my Ph.D. in the Professional Higher Education Administration Program at the University of Connecticut in 2000. My dissertation is titled Effect of Clarifying Students' Misperceptions Associated With Alcohol Consumption at a Connecticut Public University. (I would be happy to email you a copy of my dissertation.) The Alcohol Consumption Prevention Model: Clarifying Students' Misperceptions and the valid and reliable questionnaire used with this model from my research are attached to this email. A panel of experts from a university community reviewed the statements for content validity. The instrument was tested for construct validity and reliability with a random sample consisting of 302 university students. Administrators and alcohol abuse prevention specialists may use this innovative model and find it helpful in reducing alcohol related problems in their schools. Also,the Model might be used with the D.A.R.E. Program. The model is unique because it addresses not only students'misperceptions regarding their peers' consumption and frequency of consumption associated with drinking alcoholic beverages,but also their misperceptions regarding their peers' feelings of comfort in drinking situations. The model was designed for college students. Therefore, it may need to be slightly modified for use at the junior high and high school levels. For example, the process might begin at the beginning of the school year. Please contact me if I can be of assistance. Please let me know if the model helps members of your community. Thank you. Most sincerely, 10/22/2007 Page 2 of 2 ^mft% C. Kevin Synnott, PhD lft, P. O.Box 149 Hampton, CT 06247 860 455-0768 c k s nn ott kcharter.net 10/22/2007 14� Alcohol Consumption Prevention Model: Clarifying Students' Misperceptions C. Kevin Synnott, Ph.D. 860 455-0768 cksynnott@charter.net Purpose Students clearly overestimate the consumption of alcohol by their peers and believe that their peers are more comfortable in drinking situations than they are themselves. These inaccurate perceptions regarding the norms associated with drinking may encourage students to drink more alcoholic beverages than they normally would to "fit in." This prevention model is proposed as a way to help incoming freshmen, sophomores,juniors, ands seniors realize that they do not have to drink alcohol to develop a feeling of belonging. This strategy is designed to: (a)clarify students' misperceptions regarding their peers'alcohol consumption, (b)clarify students' misperceptions regarding their peers' feelings of comfort in drinking situations, and(c)generate ideas for alcohol prevention that are campus-specific. Recommendations Freshmen The following recommendations are set in soft clay. They can and should be molded to conform to the unique characteristics of each school. 1. It is suggested that the two hour sessions be incorporated into the curriculum as part of the mandatory one credit health course most schools offer for incoming freshmen. 2. It is suggested that the sessions be facilitated by two individuals,that is, an educator and an assistant. The assistant should be a student volunteer from the group of students participating in the session. This helps to develop credibility. 3. It is suggested that the sessions begin in mid October and continue through the school year until all of the incoming freshmen have participated. 4. It is suggested that no more than 25 students participate in a session. 5. It is suggested that the sessions be held in classrooms with desks that can be moved in order to form five groups with five participants in each group. 6. It is suggested that groups be segmented by sex to reduce the potential for "peacocking." 7. It is suggested that the educator and the assistant conduct a mock session with colleagues before the actual sessions begin to get a feel for the process. 8. It is suggested that the ideas regarding prevention activities generated by the participants be implemented whenever possible. Those who create, tend to support. The Instrument The instrument is used to measure the following: (a) students'drinking habits, (b) students'perceptions regarding their peers' consumption of alcohol, (c) students' feelings of comfort in drinking situations, and(d) students' perceptions regarding their peers' feelings of comfort in drinking situations. The questionnaire takes approximately 10 minutes to complete. Scores are calculated for the following categories: (a) Self, (b)TMS (i.e.,perceptions regarding the typical male student), and(c) TFS (i.e.,perceptions regarding the typical female student). The frequency scores for beer, wine, and liquor are calculated by averaging the responses for all students for items 1, 3, and 5 respectively for each category. The quantity scores for beer,wine, and liquor are calculated by averaging the responses for all students for items 2, 4, and 6 respectively for each category. The comfort scores are calculated by averaging the responses for all students for items 7 - 12 for each category. Get Acquainted Exercise The educator forms five groups with five students in each group. Students place their fust names in front of them on folded index cards. Students are asked to take turns and share something personal about themselves with the members of their group. For example, students often share information regarding their majors,personal hobbies, pets, favorite sports teams, and so forth. Approximately every three minutes the educator tells students that it is time for the next student to share. Procedures The following steps are offered as a blueprint and are intended to facilitate the process in a manner that encourages students to have fun and learn at the same time: Step 1. The educator administers the instrument. Students do not write their names on the instrument. Step 2. The educator forms five groups with five students in each group. Step 3. Students are given instructions for the Get Acquainted Exercise. Step 4. The educator with the assistant scores the instruments while students get acquainted. Step 5. The educator writes the results in table format on the blackboard. SELF, TMS, and TFS are written across as column headings. Frequency, Quantity, and Comfort are written vertically as row headings. The responses for the category labeled Self represent the actual norms associated with quantity, frequency, and feelings of '~` comfort in drinking situations. The responses for the categories labeled TMS and TFS represent the students' perceived norms associated with quantity, frequency, and feelings of comfort in drinking situations. The differences should be clear. Step 6. The educator asks students to work together with their group members to develop four or five ideas that might be used to clarify these misperceptions. Students are asked to select a spokesperson to report their group's results to the class. Step 7. The educator calls time and asks students to return their chairs to the regular classroom setting. Step S. The educator calls on each spokesperson in turn and asks each one to share one idea. This process is repeated four or five times until the students' lists are exhausted. Students are encouraged to join in at any time during the discussion. Step 9. The educator closes the session by asking students to continue the discussion outside of the classroom with friends and acquaintances who were not present. Note. Recommendation three suggests that the process should begin in October. The reason for this is that prevention specialists need students'perceptions associated with their college peers' consumption of alcohol and feelings of comfort in drinking situations and not their perceptions associated with their high school peers' consumption of alcohol and feelings of comfort in drinking situations. Sophomores,Juniors, and Seniors The collection of campus specific information regarding students' misperceptions associated with their peers' consumption of alcoholic beverages and their feelings of comfort in drinking situations from all students is essential for any intervention or prevention effort. Administrators may inform returning sophomores,juniors, and seniors that completing a campus survey is mandatory. This might be accomplished by informing students that they will not receive their 'r`` student identification cards or dining cards from the registrar until they fill out the f4oh\ survey which takes approximately 14 minutes. Resident assistants can be helpful with this process. Once the information is collected and analyzed it can be merged with the data collected from freshmen. This information can then be disseminated to the entire college or university community. An alternative method for gathering the needed information that is less expensive is for administrators and prevention specialists to administer the instrument developed for this study annually to a random sample of the students attending their institutions. The Questionnaire is presented below. ISN* Alcohol Use and Feelings of Comfort in Drinking Situations A Survey of Perceptions This study is being conducted to determine students' drinking patterns and perceptions concerning alcohol use. Your participation is greatly appreciated. DO NOT write your name on the questionnaire to insure anonymity. Your participation is voluntary and you may stop at any time. Please circle your answers. Year: Freshman Sophomore Junior Senior Gender: Male Female Age: (please write in) Residence during school semester: 1. on campus 2. off campus Grade Point Average (4.0 ="A", 3.0="B", etc.): 1. 4.0 2. 3.5 3. 3.0 4. 2.5 5. 2.0 6. under 2.0 Race: 1. White or Caucasian 2. Black or Afro-American 3. Oriental or Asian American 4.Native American 5. Other (please write in) Section I: This section contains questions regarding your consumption of alcoholic beverages and your perceptions of the typical male student's and typical female student's consumption of alcohol. Please be as honest as you can and if you are unsure, please offer your best judgment. Please circle only one number corresponding to your answer under the appropriate heading. TMS=Typical Male Student TFS=Typical Female Student 1. Students at ISN, on average, usually drink beer: Self TMS TFS 1. once a year or less 12345 12345 12345 2. more than once a year but less than once a month 3. at least once a month but less than once a week 4. at least once a week but not every day 5. every day 2. Students at ISN, on average, at any one time usually drink: Self TMS TFS 1. less than 1 can of beer or tavern glass 12 3 4 5 1 2 3 4 5 1 2 3 4 5 /00� 2. 1 or 2 cans of beer or tavern glasses 3. 3 or 4 cans of beer or tavern glasses 4. 5 or 6 cans of beer or tavern glasses 5. more than 1 six pack(6 or more cans or tavern glasses) 3. Students at ISN, on average, usually drink wine: Self TMS TFS 1. once a year or less 12345 12345 12345 2. more than once a year but less than once a month 3. at least once a month but less than once a week 4. at least once a week but not every day 5. every day 0 4. Students at ISN, on average, at any one time usually drink : Self TMS TFS 1. less than 1 glass of wine 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 2. 1 or 2 wine glasses 3. 3 or 4 wine glasses 4. 5 or 6 wine glasses 5. over 6 wineglasses 5. Students at ISN, on average, usually drink liquor or spirits (whisky, gin, vodka,mixed drinks, etc.): Self TMS TFS 1. once a year or less 12345 12345 12345 2. more than once a year but less than once a month 3. at least once a month but less than once a week 4. at least once a week but not every day 5. every day 6. Students at ISN, on average, at any one time usually drink: Self TMS TFS 12345 12345 12345 1. less than 1 drink with liquor or spirits 2. 1 or 2 drinks with liquor or spirits 3. 3 or 4 drinks with liquor or spirits 4. 5 or 6 drinks with liquor or spirits 5. over 6 drinks with liquor or spirits 0 • Section II: This section contains statements regarding how comfortable you feel in drinking situations and your perceptions of how comfortable the typical male student and the typical female student feels in drinking situations. If you are unsure, please offer your best judgment. Please read each statement and circle the number that indicates how much you agree with the statement under the appropriate heading. 1=Strongly Disagree 2=Disagree 3=Agree 4=Strongly Agree 7. Students at ISN feel comfortable in situations where alcohol is consumed. Self TMS TFS 1234 1234 1234 8. Students at ISN feel comfortable in situations where the main activity is drinking. 1 2 3 4 1 2 3 4 1 2 3 4 9. Students at ISN feel comfortable with a date who has been drinking. 1 2 3 4 1 2 3 4 1 2 3 4 10. Students at ISN feel comfortable at parties with strangers where alcohol is served. 1 2 3 4 1 2 3 4 1 2 3 4 11. Students at ISN feel comfortable at parties with strangers who have had too much to drink. 1 2 3 4 1 2 3 4 1 2 3 4 12. Students at ISN feel comfortable at parties where drinking games are played. 1234 1234 1234 Thank you for taking the time to complete this questionnaire. *ISN=Insert School Name The statements regarding the quantity and frequency of alcohol use were developed by Dr. Ruth Engs at Indiana University during the 1973-1974 academic year. I have written permission from Dr. Engs to use these statements. The statements were modified to include (a) the University's name to make them campus specific,and(b) students' perceptions regarding their peers' consumption of alcohol. C. Kevin Synnott,Ph.D. 860 455-0768 cksynnott@charter.net Bradley L. Griffin, Secretary Lansing Historical Society 838 Buck Road Groton, New York. 13073 October 29,2007 Dr. Laura W. Johnson-Kelly 48 Comfort Road Ithaca,New York 14850 Dear Laura; On behalf of the Lansing Historical Association i send our appreciaiivit-iOi your- presentation last Thursday about the Tutelos. It seems appropriate that this small tribe which was adopted by the Cayugas and migrated to Coreorgonel is memorialized now with Tutelo Park on Bostwick Road. Lou Emmick grew up at Sunny Gables and once told me he visited Coreorgonel when some of the Tutelos came for a reunion via Syracuse. Lou is a Board member of LHA, but I don't believe he was present at your program to share that recollection. Congratulations also to you and Louise and the other Historians of Tompkins County for the publication of the sets of"Touring the Towns...." brochures. They present a fine avenue of introducing a sense of local history for visitors and residents. Sincerel , Bradley L. Griffin, Sec. LHA ,spy: Loui ement Carol Kammen NOV - 1 2007 STATE OF NEW YORK ELIOT SPITZER GOVERNOR October 30, 2007 Han. Karen M. Billings Town of Ithaca 215 North Tioga Street Ithaca, New York 14850 Dear Ms. Billings: Thank you for sending me the resolution recently passed by the Ithaca Town Board regarding undocumented immigrants' ability to obtain a New York State driver's license. Please extend my thanks to the Board for their support. As you know,this has been quite a controversial matter, so I particularly appreciate you taking the time to pass the resolution and share it with me. I have taken the liberty of forwarding your correspondence on to the appropriate members of my staff. I am sure it will be of interest to them. Once again, thank you for writing and warmest regards. Sincerely, ELIOT SPITZER EXECUTIVE CHAMBER STATS CAPITOL ALBANY 12224 http://www.state.ny.us ,:::7M2s. G4nest rSChaufLe4 V 337 Bella (Vista 2),due fftfiaca, GY 14850 C7 C� `j O 1 JQ NOV - 1 2007 CHAIR --(—] SENATE ALBANY OFFICE: ROOM 814 COMMITTEE ON INVESTIGATIONS ,EGISLATIVE OFFICE BUILDING AND GO'�'ERNMEVTOF'ERATIONS STATE OF NEW YOCZK ALBANY.NEW YCRK 12247 "00M041, LEGISLATIVE COMMISSION ONFvlr',1518Y 124-6976 RURAL.RESOURCES F COMMITTEE MEMBER (.:+. D)ISTRiCT OFFICE& 12$LAKE STRLET :IME VICTIMS.CRIME&CORRECTION: c NOV 5ILL6X 588 R P C)N'EU YORK 1490: ELECTIONS 1og71 737 2765 7�1,''in.,auK FAX '16071 732-2832 ENERGY&TELECOMMUNICATIONS 105E 5TEUBEN STREET HEALTH ,EALTH GEORGE H. WINNER, JRBATHNEW YORK 14810 . ..._ -....= ••�6r�717ae-'32o1 HIGHER EDUCATION SENATOR --- _ FA.2S 16671 77o-5185 IUDICIARY 53RD DISTRICT INTERNET ADDRESS: www senatorwinner,com winnerg'5enace state.ny.us November 2, 2007 Catherine Valentino Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 Dear Cathy: I just wanted to take this opportunity to provide you with another update relative to your concerns regarding the truck traffic issue, particularly those trucks hauling municipal solid waste. sem+, As I mentioned in my previous letter, I have co-sponsored legislation that would help to address this issue. Senate Bill 5.6461 would authorize the Department of Transportation as the agency for routing vehicles carrying hazardous material, including municipal solid waste. I am pleased to inform you that this legislation passed the Senate on October 22nd and has been referred to the Assembly Transportation Committee. This bill would still need to be passed by the Assembly and signed by the Governor to become law. Please know I will continue to work with my colleagues on this issue and will update you if I hear of any new developments. Sincerely, 4em Coe" Senate GHWIpp t� RETRIEVE BILL Page I of 2 STATUS: S 6461 DEFRANCISCO Same as A 9395 A9395 Barclay Same as S 6461 Barclay DEFRANCISCO ON FILE: 09/06/07 Transportation ,Transportation TITLE....Relates to supervision, coordination and ,TITLE....Relates to supervision, coordination approval of highway routing designations for the ;and approval of highway routing designations transportation of hazardous materials ;for the transportation of hazardous materials 08/31/07 REFERRED TO RULES ;09/12/07 referred to transportation 10/22/07 ORDERED TO THIRD READING CAL.2164 10/22/07 PASSED SENATE 10/22/07 DELIVERED TO ASSEMBLY 10/22/07 referred to transportation SUMMARY: DeFRANCISCO, LARKIN, NOZZOLIO, WINNER Provides that the department of transportation shall be responsible for the supervision, coordination and approval of highway routing designations for the transportation of hazardous materials in the event that the governor fails to designate an agency therefor. SPONSORS MEMO: NEW YORK STATE SENATE * INTRODUCER'S MEMORANDUM IN SUPPORT submitted in accordance with Senate Rule VI. See 1 BILL NUMBER: 56461 SPONSOR: DEFRANCISCO TITLE OF HILL: An act in relation to the supervision, coordination and approval of highway routing designations for the transportation of hazardous materials PURPOSE: To establish the Department of Transportation as the agency responsible for routing vehicles carrying hazardous materials, including municipal solid waste. SUMMARY OF PROVISIONS: Section I -- Establishes that in the event the Governor does not desig- nate a truck routing agency by January 1, 2008, the Department of Trans- portation will automatically become the truck routing agency for New York State Section 2 -- Establishes rules, procedures, and standards to be used by the Department of Transportation when designating truck routes. Section 3 -- Effective date. http:/Ileginfo.state.ny.us:8080/asmsen/bstfrmel.cgi 11/2/2007 RETRIEVE BILL Page 2 of 2 JUSTIFICATION: At present, there are no restrictions outside of New York City for the transportation of hazardous materials on New York State's highways. Certain water sources for urban and rural areas and other environ- mentally sensitive areas which are bordered by highways on which such material is transported are at risk should there be an accident result- ing in a spill of transported hazardous materials. This act would designate the Department of Transportation as the agency to promulgate regulations for permitting the routing of hazardous mate- rials, and it would require DOT to oversee the transportation of those materials. Additionally, this legislation would require DOT to consult with the Department of Health and the Department of Environmental Conservation when establishing truck route designations. LEGISLATIVE HISTORY: New bill. FISCAL IMPLICATIONS: undetermined. EFFECTIVE DATE: Immediately. http://Ieginfo.state.ny.us:8080/asmsen/bstfrmel.egi 11/2/2007 or Department of Assessment � ' Y x ♦ r 128 East Buffalo S e Valeria Coggin I Jay Franklin Director Assistant Director l ' LJNovember 8, 2007 Town of Ithaca WN Karen Billings ~ " 215 N Tioga St .1,TrEST Ithaca NY, 14850 ITHACA TOVW CLFRv v Dear Karen, This letter is to inform you that the New York Legislature has increased the maximum income level for eligibility for the "Persons sixty-five years of age or over" (RPTL 467) and the "Persons with disabilities and limited income" (RPTL 459- C) exemptions. The previous legislation allowed for an income limit of$26,000 to receive a fifty percent (50%) reduction in taxable value. The new legislation signed into law this year allows for the minimum level to increase to $27,000. In addition, this new legislation allows for the maximum income level to be increased to $35,399 for eligibility for a five percent (5%) reduction in taxable value. The Tompkins County Legislature at their November 7, 2007 meeting decided to increase the maximum income level in order to receive a five percent reduction to $35,399. The new scale is as follows: COUNTY Exemption Percentage UP TO - 27,000 L 50% EQ/MORE LESS THAN 27,001 27.999 45% 28,000 28,999 40% 29,000 29,999 35% 30,000 30,899 30% 30,900 31,799 25% 31,800 32,699 20% 32.700 33,599 15% 33,600 34,499 10% 34,500 35,399 5% Enclosed please find a spreadsheet listing all of the taxing jurisdictions within Tompkins County and their current corresponding income limits. If your municipality/school district would like to adjust your income scale for these two exemptions, the Department of Assessment needs to be notified by February 1, 2008 to apply the higher income limit to the 2008 Tentative Assessment Roll. Also, the New York State Legislature has passed a new Veterans' Exemption for"Cold War Veterans" that municipalities may choose to opt into. This exemption would apply to any veteran who served for at least 1 year during the time period of September 2, 1945 to December 26, 1991 and who was honorably discharged. If a municipality chooses to opt into this exemption, there are two decisions that they must make for this exemption. One is to choose the percentage to offer and the second is to choose the maximum exemption to be granted. The following shows the different options available. Option 1 - 10% Exemption Mail Address: Tel: 607-274-5517 128 East Buffalo Street Fax: 607-274-5507 Ithaca, New York 14850 assessment@tornpkins-co.org http://www.tompkins-co.org/assessment) Option A- Maximum Exemption $4,000 or 10%of Assessed Value(whichever is less). %Disability Rating up to a maximum of$20,000. Option B- Maximum Exemption $6,000 or 10%of Assessed Value(whichever is less). %Disability Rating up to a maximum of$30,000. Option C - Maximum Exemption $8,000 or 10%of Assessed Value(whichever is less). %Disability Rating up to a maximum of$40,000. Option 2—15% Exemption Option A- Maximum Exemption $6,000 or 10%of Assessed Value (whichever is less). '/2 Disability Rating up to a maximum of$20,000. Option B- Maximum Exemption $9,000 or 10%of Assessed Value (whichever is less). '/2 Disability Rating up to a maximum of$30,000. Option C- , Maximum Exemption$12,000 or 10%of Assessed Value(whichever is less). '/z Disability Rating up to a maximum of$40,000. If your municipality would like to consider this Cold War Veterans Exemption,please contact me so that I can provide further details regarding this exemption. Currently,there are many amendments on the floor of the State Legislature for that may have passed by the time you are ready to consider opting into this exemption. If you have any questions please do not hesitate to give me a call. Sincerely, Jay Franklin Assistant Director of Assessment Division of Assessment 2 November 9,2007 Tompkins County Municipality 11/9/2007 Senior/Disability Income Scales Income Limits Town of Enfield Income Limits Town of Caroline UP TO-24,000 50% UP TO 21,000 50% Town of Dryden EQ/MORE LESS THAN EQ/MORE LESS THAN 24,001 24,999 45% 21,001 22,000 45% Village of Trumansburg 25,000 25,999 40% 22,001 23,000 40% 26,000 26,999 35% 23,001 24,000 35% 27,000 27,899 30% 24,001 24,900 30% 27,900 28,799 25% 24,901 25,800 25% 28,800 29,699 20% 25,801 26,999 20% 29,700 30,59915% 30,600 31,499 10% 21,000 26,700 31,500 32,399 5% Village of Dryden Income Limts 24,000 32,400 0- 15,000 I 50% 15,001-15,600 45% Income Limits , 15,601-16,200 40% Town of Groton UP TO-20,500 50% 16,201-16,800 35% Town of Newfield EQ/MORE LESS THAN 16,801-17,400 30% 20,501 21,500 45% 17,401-18,000 25% 21,500 22,500 40% 18,001-18,600 20% 22,500 23,500 35% 23,500 24,400 30% 15,000-18,600 24,400 25,300 25% 25,300 26,200 20% Cayuga Heights Income Limits 26,200 27,100 15% 27,100 28,000 10% UP TO 17,500 50% 28,000 28,899 5% 20,500 28,899 Village of Freeville Income Limts 10-7,200 50% Village of Lansing Income Limits UP TO- 19,500 50% County Income Limits EQ/MORE LESS THAN Danby UP TO-26,000 50% 19,501 20,499 45% Tn Lansing EQ/MORE LESS THAN 20,500 21,499 40% Vlg Groton 26,001 26,999 45% 21,500 22,499 35% City of Ithaca 27,000 27,999 40% 22,500 23,399 30% Town of Ithaca 28,000 28,999 35% 23,400 24,299 25% Town of Ulysses 29,000 29,899 30% 24,300 25,199 20% 29,900 30,799 25% 25,200 26,099 15% 30,800 31,699 20% 26,100 26,999 10% 31,700 32,599 15% 27,000 27,900 5% 32,600 33,499 10% 33,500 34,399 5% 18,500 27,900 26,000 34,400 103 Whitetail Drive ,�. Ithaca,NY 14850 November 18, 2007 Ms. Came Coates Whitmore Deputy Town Clerk Town of Ithaca 215 North Tioga Street Ithaca,NY 14850 Dear Carrie, From my perspective of thirteen years on the Planning Board(eleven as Chair), I have recently noticed a distinct change in the Town Board's attitude towards the Planning Board and its responsibilities. We have one Town Board member who has publicly stated that the Planning Board has too much power. This same Town Board member was able to have his designated individual appointed to the Planning Board even though the interviewing committee voted overwhelmingly (by a margin of three to one with one abstention)to recommend a different candidate. We have one or more members of the Town Board advocating for creation of a Planning Committee. Is this nothing more than a veiled attempt to exert control over the Planning Board in direct violation of State Law which protects the independence of Planning Boards? Is this the first step towards transferring current Planning Board responsibilities for subdivision and/or site plan approval to the Town Board? We have one newly elected Town Board member whose campaign literature states that his experience as a real estate attorney"will serve him well in making the many land-use decisions that come before the town." Given that this statement was contained in a mailing paid for by the Town of Ithaca Democratic Committee, it must have been reviewed for appropriateness and accuracy. Therefore, I can only conclude that the Town Board is considering changes that would significantly reduce the Planning Board's current responsibilities. Given the actions described above,I have little interest in serving as Chair of the Town of Ithaca Planning Board next year. I do look forward to serving the remaining two years of my current appointment. Sincerely, Fred T. Wilcox III NOV 1 9 2007 cc: Cathy Valentino, Supervisor Jonathan Kanter, Director of Planning �CP�PTI°N.Fy� r` fi C b _ NEW roaxSTATE l Eliot Spitzer Governor New York State Office of Parks, �V 207 Carol Ash Recreation and Historic Preservation Commissioner Finger Lakes Region • 2221 Taughannock park Road, Trumansburg WL t466&- -- Acting Regional Director----- Daniel F. Davis Y t. 607-$$7-7041 .�, . ..r.:.^—.� -- Linda J.Jackson www.nysparks.com -� commission chair November 21, 2007 Mrs. Catherine Valentino Supervisor Town of Ithaca 215 North Tioga Street Ithaca,New York 14850 Dear Mrs. Valentino; RE: Notice of Completion Draft Master Plan/Environmental Impact Statement Black Diamond Trail The New York State Office of Parks, Recreation and Historic Preservation(OPRHP)has completed a draft master plan and environmental impact statement on the adoption and implementation of the Black Diamond Trail. This letter is being sent to you to provide information on how to review a copy of the draft plan/cis (156 pages) or Executive Summary(18 pages)and how to provide comments on the project to OPRHP. OPRHP will release the plan in digital form on its Web site, www.nyssparks.com and on CDs after November 21, 2007.A limited number of copies will be available in printed form. If you do not have access to a computer with Internet,please call me to request a CD or printed copy of either the full document or the Executive Summary. Documents will also be available for review at the following locations: NYSOPRHP—Finger Lakes Regional Office,Taughannock Falls State Park,Trumansburg Robert H.Treman State Park Office, Ithaca Taughannock Falls State Park Office,Trumansburg Tompkins County Public Library, Ithaca Ulysses Philomathic Library, Trumansburg An Equal Opportunity/Affirmative Action Agency CO printed on recycled paper FLSPD01(02,'07) Page Two November 21,2007 Informational workshops and public hearings on the Draft Master P1an/DEIS will be held on December 5,2007, in the Borg Warner Room East of the Tompkins County Public Library, 101 Green Street, Ithaca,New York and December 6,2007, in the cafeteria of the Franziska Racker Center, 3226 Wilkins Road, Ithaca,New York. The workshops will run from 5:30 p.m. to 6:45 p.m. followed by the public hearing beginning at 7:00 p.m. The purpose of the workshops is to offer an opportunity for the public to become more familiar with the Draft Master Plan/Draft Environmental Impact Statement The hearings will provide a forum for the public to provide comments. Comments on the Draft Mastcr Plan/Draft Environmental Impact Statement will be accepted by the contact p:rSuTS until January 15,20;8. Daniel S. Davis Thomas Lyons Assistant Regional Director Director of Resource Management OPR1 P—Finger Lakes Region NYS Office of Parks, Recreation and Tau ghannock Falls State Park Historic Preservation 2221 Taughannock Park Road Agency Building 1 Trumansburg, New York 14886 Empire State Plaza Phone: (607) 387-7041 Albany,New York 12238 FAX: (607) 387-3390 Phone: (518)474-0409 E-mail: Daniel.Davis(&oprhp.state.ny.us FAX: (518)474-7013 E-mail: Thomas.Lyons(a�oprhp.statc.ny.us To request a copy of the plan/eis or discuss the project,please call me at 607 387-7041, ext. 117 or e-mail Sue.Poelvoorde(a)oprhp.state.ny.us Sincerely, 0"�� � Sue A. Poelvoorde Senior Natural Resources Planner SP December 1 , 2007 DEC 3 20 Town of Ithaca Board 215 N. Tioga Street IT Ithaca, NY 14850 Town of Ithaca Board: I am writing to support the appointment of David Mountin as a full member of the Zoning Board of Appeals. David has been an alternate member for more than a year, and during that time he has demonstrated a very good understanding of the Board's duties and responsibilities. He regularly contributes to our discussions, asking useful questions of applicants, other Board members, and staff. He understands and can apply the criteria that the Board is required to use for the variances and special approvals that come before us. In short, I believe that making David a full member of the Zoning Board of Appeals will strengthen the Board and be an asset to our Town's government. Sincerely, Kirk M. Sigel Chairman, Town of Ithaca Zoning Board of Appeals 223 Highgate Road Ithaca, NY 14850 (607) 257-6310 kmsigel@ksx.com ^40ftN !)S1640 Hanshaw Road, Ithaca, New York 14850 .P,CA 607/257-1822 Fax: 607/257-5470 TOWIGNS COUNTY www.spcaonline.com December 7, 2007 Mr. Don Barber Chair, Tompkins County Council of Governments c/o Ms.Jackie Kippola Tompkins County Administration 125 East Court Street Ithaca,NY 14850 Dear Supervisor Barber and members of the Tompkins County Council of Governments, Our community has come together in an extraordinary way over the past several years to create what is currently a nationally recognized model program for animal control and sheltering in Tompkins County. The SPCA alone cannot protect the lives of healthy animals in our community; our wonderful success in Tompkins County has only been possible with support from community members and government leaders. It is because of this fact, and that the SPCA's first priority is the welfare of the animals, that we ask you to continue to help Tompkins County preserve its current success. The SPCA's executive director and board of directors have reviewed the draft of the RFP for animal control services that was distributed at last week's TCCOG meeting. It is our opinion that the RFP is missing several major components and does not include all of the services required by the State of New York. We are concerned that the necessary edits cannot be made in time for the scheduled January 2, 2008 release date, and that if the RFP goes out as it is written, the bids you will receive will not adequately address your needs or the real costs involved with meeting even minimum requirements. The resulting bids of this RFP may look good in terms of cost, but will most certainly be missing several key components and represent a lower quality of service than you currently receive. The SPCA has been approached by several community members bringing us their concerns about the future of animals in our county. We too are very concerned, and have been working hard to find other solutions and alternatives to keep our collaboration from falling apart. As we talked with community members, one group, (who wish to remain anonymous), has stepped forward with a one-time donation to help support the animal control program at the SPCA (tough 2008, in order to allow us more time to work together to find an acceptable solution;one that doesn't put animals' lives at risk, but that keeps the county unified behind this wonderful record of lifesaving success. We're writing to you to ask you to consider another way to address this issue short-term, and we hope this solution will get us back at the table together to discuss The Society for the Prevention of Cruelty to Animals the best way to move forward and allow enough time to do a thorough job if an RFP is to be released. The SPCA, as a result of this one-time private contribution, is offering to extend the currently agreed upon rate increase of 50% over last year's fee to apply for all of 2008. A replacement contract amendment will be sent out to each municipality to reflect this adjustment. We hope that you will accept this proposal and allow for a meaningful and productive conversation about animal control in Tompkins County to take place in the coming months. Sincerely, A6i-� Abigail Smith Executive Director Zn d of Directors r"� �(Fs-o r/J Ua J ' ,, (, � 7 /$ IN ('` � u"pyo -E ¢.� (ti2�v-�► c. .'�-� 4,rk :V<511 j C a.�" ' tel+ .!-�7 U Y��, nSn CJ �'�" '�J V �31�� vV I�V'•C�v Le- a �� DEC 19 2007 12116/07 Town of Ithaca 215 N. Tioga Ithaca,NY 14850 Re: Re-zoning of property on Enfield halls Road Tax Map# 33.4-9.2 10.5 Acres Dear Town Board: Please accept this letter as verification that South Pointe Associates is officially requesting that you consider rezoning the property in question to be approved for the development of an Assisted Living Community. I appreciate your time and look forward to working with the Town of Ithaca on this project. If you have an Oestions at all, please do not hesitate to contact me at your convenience. Chris Vitale—Operator South Pointe Associates 01/07/2008 TOWN BOARD MEET ATTACHMENT #13 CHAIR THE ASSEMBLY Legislative Task Force on Women's Issues '** STATE OF NEW YORK COMMITTEES Agriculture Economic Development, ALBANY Job Creation,Commerce&Industry Election Law Environmental Conservation BARBARA LIFTON Member of Assembly Higher Education 125'"District Mental Health �. t.nisl*We jmr"ion_ Rura+Resources December 21, 2007 !J Ithaca Town Board % Karen M. Billings, Town Clerk DEC 2749 215 N. Tioga Street 0" Ithaca, NY 14850 Dear Ithaca To oard Members: ank you for sending me a copy of Resolution NO. 2007-168, passed by the Town of Ithaca, in support of issuing New York State driver's licenses to undocumented immigrants. I came out in support of the Governor's original proposal to issue state driver's licenses to all New York residents, feeling that, in the absence of a realistic federal approach to new, recent waves of immigration to this country, the state needed to deal in some practical way with the million or so undocumented immigrants here in New York. At the time, I saw it as a fairly uncomplicated issue—the need to make sure our roads are safe and drivers are insured. Eight other states— Hawaii, Maine, Mar\land. \lichigan, New Mexico, Oregon, Utah and Washington -- hey e already i5stled such licenses. The 9/11 Commission specifically said that there was no reason for states to impose immigration status requirements for obtaining a driver's license, but did recommend that steps be taken to strengthen the security of the license system, which the governor's proposal would have done. The ground shifted under this issue soon thereafter, with the Governor reaching an agreement with federal Homeland Security to issue three different types of licenses in New York, with new implications for the federal Real ID Act. Because of that change, I realized that I needed to study the issue more deeply in terms of federal immigration policy. As a state legislator, I have had little time to look closely at that issue, That said, the terrorist threat is real, and we are engaged in strengthening the security of our country. I support all reasonable and constitutional efforts to prevent a terrorist attack, such as a rigorous state driver's license, airport security measures,cargo inspections, and strong, law enforcement, including intelligence-gathering of terrorist activity(but not peaceful protest, 1 might add). I have great concern about the ability of the Real ID Act to help maximize our security, and, I am very concerned about its implications for our privacy and freedom. As Ben Franklin said: "Those who would give up essential liberty to purchase temporary safety deserve neither liberty nor safety." REAL ID establishes a mechanism for the collection and distribution of standardized information imbedded in a scanable area on your driver's license, which can then be read by any person with the proper scanner. There is nothing to prohibit any private ALBANY OFFICE:Room 555,Legislative Office Building,Albany,New York 12248•518-455-5444 DISTRICT OFFICE:106 East Court Street,Ithaca,New York 14850•607-277-8000 information is available to the person reading the license, who can then distribute it in any fashion. This greatly enhances the likelihood of ID theft, allowing criminals and terrorists to carry out activities using someone else's name. In addition, because the information on the license cannot alert the reader of the owner's possible intent to engage in a terrorist or criminal activity, REAL ID will do virtually nothing to protect us From such activities. If we are to preserve our fundamental American values, we have to reject the move to a climate of fear and suspicion that has become more pervasive in our country. If we sacrifice what is greatest about our country, our freedom, in the process of guarding against terrorist attack, the terrorists have won. That would be tragic, I believe. Some, though certainly not all, of the opposition to the governor's driver's license proposal, has developed because immigrants are being compared to terrorists and criminals. The argument goes, that since they are "illegal" they have no right to a license. Most people don't realize it, but merely being in the US unlawfully is not a crime. l f you are here on a visa and stay past the expiration date, you are here unlawfully, but you have committed a federal civil violation, not a crime. Entering the US unlawfully is either a violation or misdemeanor, in violation of federal, not state law. State officials can arrest someone for that only if they witness it, say, at the border crossing. It only becomes a felony, that is, a crime, if someone who has been deported returns unlawfully to this country. ,..1 Are we prepared to deny a license to anyone who has committed a civil violation or a misdemeanor, or just to an undocumented immigrant`? l f we are saying that we want to deny licenses only to undocumented immigrants and not others. including American citizens who have committed misdemeanors, then we have to admit that that is a post-9/11 change in our historic policy regarding immigrants and drivers' licenses. The more 1 read and come to understand this issue, though, the more I am seeing it as yet another consequence of the globalization of trade, the 'Tree trade" agreements,NAFTA, GATT, etc. When those trade agreements were negotiated, we were told that they would be good for our economy and for the economies of poorer countries. They would "lift all boats" we were told. They would create lots of good jobs in this country, as well as lift people out of poverty around the world. Who could argue with such a good deal? The good deal has not materialized, however. The actions of the International Monetary bund (IN/IF) and the World Bank also have often put enormous negative pressures on poor countries. As the economist John Raulston Saul outlined in his piece"The Collapse of Globalization" (Harper's March 2004), pre-NAFTA, we had commerce policy in this country that governed trade, or business, within our borders. But we also had labor policy, environmental policy and tax policy, to exercise some control over the activities of business, creating a healthy and sustainable balance, and to make sure business returned some of their profits back to the public coffers that helped produce that wealth. Atter all, what business could have been successful without the public schools that educated their employees, the hospitals and nursing homes that took care of them and their families, the roads and bridges that moved their products, the protection of the environment that helped keep us all healthy and able to work? The list goes on and on. Unfortunately,the majority of voting Americans bought it, and hence, the mess we are in today, with the crisis of global warming, wars over ever-more scarce natural resources, and, most relevant to this letter, huge new waves of immigrants who have often left extreme poverty in their countries to seek opportunity in the US or Europe. All boats did not get lifted. Other countries are experiencing the same phenomenon that is occurring in the US—a widening wealth/poverty gap, a shrinking of the middle class, and more and more people caught in desperate circumstances in between. We've coined a new term for it in this country—"the working poor"—people who are working full-time, but still living in poverty. It used to be that Americans who worked full-time lived above the poverty line, but no more. Many live in poverty, with less and less opportunity to rise above their circumstances, as Robert Frank,the Cornell economist, points out in his work, The Winner-Take-All Society. This phenomenon is even more true in poorer countries, leading many people to, literally, risk their lives to reach our shores. Many of them have nothing to lose. Many of the people who have contacted me are people who are sincerely and legitimately concerned about the competition over low-wage jobs that is attributed, in part,to recent waves of immigration. I am greatly worried about that as well. It has become very clear to me that we need to re-negotiate those trade agreements in order to protect our world's environment and our own survival, as well as protect the living standards and rights of workers around the world. We also need to insist that corporations and wealthy individuals contribute their fair share to the governments that are the only possible entities that can bring everyone together to plan for sustainable, not to mention civilized. life on the planet. When we do that, we will have solved the problem of illegal immigration and state drivers' licenses. Until we do that, this problem and other dire problems will persist,to the peril of all of us. I have enclosed, for your perusal, a couple articles regarding this important issue. In addition, I have included a letter to the editor of Tompkins Weekly from both Tompkins County Election Commissioners. Their letter provides details that invalidate the claim that non-citizens who are given a driver's license, would be able to easily vote in our elections. Again, thank you for bringing this important issue to a vote of the Town Board. Please feel free to contact my office again on this issue or any other matter of state concern. Sincerely, Y6 \ arbara S. Li f ton �1 Member of Assembly 125`x' District BSLIlls Encls.