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Home My WebLink AboutTB Correspondence 201903 r7- TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 www.town.ithaca.ny.us CORRESPONDENCE LISTING January 25 2019 Please review the following correspondence and indicate, by placing your initials in the right hand column adjacent to the correspondence that you wish to receive a copy. We can forward a copy to you via e-mail or make a hard copy. Please indicate your preference next to your name at the bottom of this form. Correspondence — Item 1. NYS DOT granted speed limit reduction on Mitchell St 2. NYS OPRHP congrats on recent grant for Culver Road preserve 3. 4. Dog Seizure Report 5. A Please place your initials here if you wish to receive a copy 03 r7- TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 www.town.ithaca.ny.us CORRESPONDENCE LISTING January 4, 2019 Please review the following correspondence and indicate, by placing your initials in the right hand column adjacent to the correspondence that you wish to receive a copy. We can forward a copy to you via e-mail or make a hard copy. Please indicate your preference next to your name at the bottom of this form. Correspondence — Item 1. Finger Lakes Land Trust letter re annual conservation easement monitoring of Pine Tree Wildlife Preserve 2. General Fund Townwide Detail of Revenues, 12/31/2018 3. Email from the Brittains re guiderail 4. Dog Seizure Report 5. Ag and Markets Municipal Shelter Inspection Report 6. TC IDA public hearing notice re Ithacare bond Please place your initials here if you wish to receive a copy TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14851 www.town.ithaca.ny.us e--1 E�NYORK r ecre <STA E OF ation 0P,0RTUNn_',_ I Pa ks R and Historic Preservation ANDREW M. CUOMO ROSE HARVEY Governor Commissioner January 7, 2019 Mr. William Goodman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, New York 14850 Re: Project 4182389 Culver Road Preserve Acquisition Dear Supervisor Goodman: C')i11 � kP�,CA Congratulations on your recent grant award from the Office of Parks, Recreation and Historic Preservation's Environmental Protection Fund grant program! If you have not already been contacted by Kathleen Melsaac, the OPRHP Regional Grant Administrator (RGA) in your region, she will be getting in touch soon. The first step in advancing your grant and your project is to meet with your RGA and become oriented to our program and its requirements. When you meet with your Regional Grants Administrator, you will discuss preparation of a project scope and budget, performance measures and a work plan to ensure that your project will be completed in a timely manner. We are working toward going to contract with each grant recipient as soon as possible. To simplify and streamline the grants management process, contracts will now be administered electronically through the Grants Gateway online contracting system. As such, it is advisable that if you have not already done so to register in the Grants Gateway jL//sjganj,, %�IjgL4y. r1y,,gg v/ Inte I I i Grants NYSGG/ModukL, yiggl g�jpg rt .,, _�vgj ?Nav Item 1=9 in order to . .......... contract with New York State. In order to administer state funds efficiently, there are a series of conditions that must be met, and documents provided, before we can execute your contract. Your RGA can assist you with these: Contracts can only be executed with grant recipients that have been issued a Vendor Identification Number (VID) through the Statewide Financial System (SFS). If your organization has not yet been issued a VII), you can obtain one during the registration process in the Grants Gateway. All not -for -profits must be current with filing all required annual written reports with the Attorney General's Charities Bureau, or the appropriate oversight Agency. In addition, all not -for -profits must be prequalified and maintain prequalification status in the Grants Gateway; for instructions, read the Vendor Prequalification Manual at jLLkjyj.Lzant, ovt3u,-, ntees. You must provide the following documentation if you haven't already; we ask that you please upload these items electronically into the "Grantee Document Folder" found under your grant in the Grants Gateway system; directions to do so can be found on the Grants Reform website at "- Y nts- Lt. p. -, H gLi 4 q �2,1 pL. gg v Ls jIg s/d e fa u I t/fil e 1, -11,,iqLjqide--V203 � 61 If or you K_ . ..... . ...... .... New York State Office of Parks, Recreation and Historic Preservation Abany, New York 12238 - (518) 474-0456 - www.nysparks.com January 7, 2019 Page 2 can call the Grants Gateway Help Desk at 1-800-820-1890. If an item cannot be uploaded, please supply directly to your Regional Grants Administrator. 1. A Boundary Map which satisfies the STATE's requirements 2. A copy of the OWNER's deed to the property 3. An Affidavit of Title from the OWNER of the property 4. A signed, original authorizing resolution 5. Documentation of compliance with the requirements of the State Environmental Quality Review Act (SEAR). 6. A written estimate of value (exterior only appraisal or desktop appraisal) for each parcel or combined parcels (based on the appraiser's determination of highest and best use) to be acquired or used as match 7. Documentation of the owner's intent to sell (such as a signed purchase contract, option agreement, or letter of intent) Once you have uploaded these documents into the Grants Gateway, and met all the required conditions, we can execute your contract electronically. Please note that there will also be several requirements that will be included in your contract; some must be supplied prior to commencement of work; others in order to receive your first payment. We understand that there can be issues beyond your control that could affect your ability to supply these materials in a timely manner. We will certainly work with you and be flexible, but please understand that for every grant that is awarded and delayed, there is another worthy project that has gone unfunded. Therefore, we expect that the above be satisfied by January 31, 2019. If the documents are not provided, and you have not consulted with your RGA regarding the delay, your award may be in jeopardy. If you have any questions, do not hesitate to contact your RGA, Kathleen Mclsaac at (607) 387-7041. Sincerely, Beatrice L. Gamache Assistant Director, Contract Bureau CC: Kathleen McIsaac NEWYORK Department of SIATE OF OPPORTUNFTY, Transportation The Honorable Paulette Rosa Town Clerk, Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 Dear Ms. Rosa: January 9, 2019 i I ill 11h, M 1111! 11111 ANDREW M. CUOMO Governor PAUL A. KARAS Acting Commissioner DAVID P. SMITH, P.E. Regional Dhector F "I . I � I V',(-,A ' This is in further response to your June 13, 2018 letter requesting a speed reduction on Mitchell Street in the town of Ithaca. Our safety staff has completed their review. Our analysis determined that reducing the 35 MPH speed limit to 30 MPH would be appropriate at this time. The official order to the Town authorizing the 30 MPH will follow. Upon receipt of the official order, the Town may install the signage necessary to implement the lower speed limit. If you have any questions, please do not hesitate to contact me at (315) 428-4380. Your interest in this matter is very much appreciated. Very truly yours, Elizabeth H. Parmley, P. E. Regional Traffic Engineer 50 Wolf Road, Albany, NY 12232 1 www.dot.ny,gov STATE OFNEW YORK—DEPARTMENT 0FTRANSPORTATION TRAFFIC OPERATIONS BUREAU STUDY NO` 3 2 NOTICE OFORDER FILE: 50.12-L TROOP: C THE DEPARTMENT OF TRANSPORTATION HAS FILED AN ORDER WITH THE SECRETARY OF STATE WH GECTDN:115l12 SUBDIVISION: (q) 0FTHE DEPARTMENT'S REGULATION |S OADDED CR AMENDED |uread aufollows: OREPEALED 3VMPH unMitchell Street (Ellis Hollow Road), (CR 110), from Pine Tree Road to the easterly Ithaca city line, for a distance of 0.50± mile. The above order will be effective upon the instaUobon, modification or mmnvm| of the necessary traffic control device(s) required by and conforming to the State Manual of Uniform Traffic Control Devices. 12/26/18_I APPROVED BYRegional Traffic En-ginee DESCRIPTION: Order amends the 35MPH speed limit for the above described section ofMitchell Street (Ellis Hollow Road` COUNTY: Tompkins LOCALITY: Town ofIthaca OTHER RELATED ACTIONS O NONE [] (Identify) m: 0 CITY Ithaca POLICE DEPARTMENT O VILLAGE 0 SHERIFF REGION 3TRAFFIC ENGINEER TOWN X STATE POLICE [] DTHER'Specify: Z COUNTYGUPT. U PERK8|TTEE TE3mVK}/2O15> - \ - STATE OF NEW YORK - DEPARTMENT OF TRANSPORTATION TRAFFIC OPERATIONS BUREAU STUDY NO.: 3180229 NOTICE OF ACTION TAKEN FILE: 50.12-Local TROOP: C BY DEPARTMENT OF TRANSPORTATION ORDER SECTION: 1150.12 SUBDIVISION: (q) PARAGRAPH: OF THE DEPARTMENT'S REGULATION IS 0 ADDED 0 AMENDED to read as follows: 0 REPEALED 30 MPH on Mitchell Street (Ellis Hollow Road),,(QR1 -110), from'PlneTrOe Road to the easterly Ithaca city line, & a distance of 0.50krolle. This notice must be forwarded to the Regional Traffic Engineer as soon as the appropriate action required by this order has been taken. 12/26/18 APPROVED BY Regional Traffic Engineer (DATE) �-ASIGNATURE) (TITLE) DESCRIPTION: Older amends the 35 MPH speed limit for theabove described section of Mitchell Street (Ellis Hollow Road). COUNTY: Tompkins LOCALITY: Town of Ithaca OTHER RELATED ACTIONS El NONE (identify) ACTION REQUIRED BY THE ABOVE ORDER WAS TAKEN ON: (DATE) (SIGNATURE) (TITLE) TE 3e (06/2015) - 2 - STATE OF NEW YORK — DEPARTMENT OF TRANSPORTATION TRAFFIC OPERATIONS BUREAU STUDY NO.: 3180229 FILE: 50.12-Local TROOP: C SECTION: 1160A2 SUBDIVISION: (q) PARAGRAPH: OF THE DEPARTMENT'S REGULATION IS � ADDED AMENDED to read as follows: CD REPEALED 36 MPH on Mitchell Street (Ellis Hollow Road), (CR 110), from Pine Tree Road to the easterly Ithaca city line, for a distance of 0.60# mile. The above order shall be published IMMEDIATELY 12l26/iB .. APPROVED BY �� Regional Traffic Engineer (DATE} ATURE) (TITLE) I hereby certify that the above is an original of an order of the Department of Transportation adopted pursuant to the authority contained in Section 1820,1621,1622, and 1628, and in accordance with the provisions of Sections 1111,1112,1113,1680 and 1661, of the State Vehicle and Traffic Law. Dated:. Albany, New York 1/30/2019 6IRECTOR, TRAFFIC OPERATIO UREAU D1,'. ;AR'T'P1h=NT nr` STATE F i I_i D IF-13042019 With the Division of Aclrrii:11strat ive Rules TE 3e (06/2015) - 3 - 3 M r FEB 0 4 2019 ADMINISTRATIVE RULES DEPARTMENT CAE STATE ell �~,00U�� =s ^ Stephen MlDoV�h1 ^ Democratic Commissioner utho 50 (607)274-5522 74 -55 33 William Goodman, Supervisor, Town ufIthaca 2l5N.Tlo&uSt. Ithaca, NY 14850 Dear Mr. Goodman and the Ithaca Town Board, �� ^��"~, Elizabeth W.Cree Republican Commissioner (607)274-5521 As You are probably aware, the New York State Legislature passed and Governor Cuomo signed ahiU in January 2U|9that makes early voting effective this year. &fbx looking at the space and seeing what it has 10offer, vvccan say that the Tompkins County Board ofElections isexcited about the prospect n[using the Atriurn and part of the Board/Court Room at the Town of Ithaca Town Hall for early voting this year. Y/care formally seeking Your approval touse the space for early voting. The early voting days set by New York State Election Law for this year will be frorn Saturday October 26 through Sunday November 9,inclusive. The hours will bouafollows: On Saturdays and Sundays, voting will bche1woeo9/\Mand 2PM. OuTuesday October 29and Thursday October 3|,voting hours will bc between ]2Noon and 8PM. OnMonday October 28,Wednesday October 30,and Friday November l, voting hours will hefrom 7/\&Juntil 3PM. Our poll workers will arrive between 3Oand 6Ominutes before the polls are to open each day and will leave about 30 minutes after the polls have closed each day. During early voting hours, we will have two voting machines inthe atrium for voters to use. We will have 8-10 yellow voting booths for voters in use to mark their ballots. Inside the board room will be a couple oftables where the poll workers will have the equipment they need to process voters and issue bu||o1a. During the hours when early voting will not take p|uuu, we will ocud a secure space to store the voting machines and any other materials that need }nhnsecure. VVowill work with 1beTop/nofIthaca 10 ensure that the space is the p/oy you want it in the hours when there is no early voting. Right now, we are projecting that the voting machines would be delivered during the week of October 21-25 and would bc picked tip ooNovember 6. Because candidates for Supervisor mTown Board may need to be in the building during early voting hours, weask that they enter the building from the North Aurora Street side of the building and refrain from entering the voting area except for the time frame kwould take them to vote ifthey choose to vote In addition, the Town of IthacaTownHall sits inWard 2,Election District 4inthe City of Ithaca. Currently voters that live in that c|curion district vote u|the Tompkins County yuhho Library. Recently, Short Line, Greyhound, Adirondack Trailways, Ourbus and Big Red Bullet all began picking up and dropping off passengers next door tothe Library. Consequently, traffic around the Library has become more congested and spaces for voters to park are more difficult to find. We would like to use the Town of Ithaca Town Hall as a polling place for Ward 2, Election District 4 on Primary Day (if necessary) on June 25 from 12 Noon until 9 PM and on Election Day November 5 from 6 AM until 9 PM. Our poll workers again would arrive 30-60 minutes before the polls open and leave about 30 minutes after the polls close. For these Election Days, we would only need about 1/3 to '/2of the atrium space and no space in the Board Room. We are including a contract that we enter into with all of our polling places. Please review it, and if YOU are agreeable to the terms, please fill it out and sign it. If you have any questions or concerns, please feel free to contact us. If you would like us to come before the Town Board to discuss this proposal, please let us know. Thank you for considering our request. We look forward to hearing from YOLL Sincerely, 6 Stephen M. DeWitt Elizab th W. Cree Commissioners of Elections Inclusion Through Diversity TOMPKINS COUNTY BOARD OF ELECTIONS 2019 POLL SITE AGREEMENT NAME OF POLLING PLACE ADDRESS OF POLLING PLACE agree to provide space in the property listed conduct Elections as follows: (print name) above to the Tompkins County Board of Election to For 2019 the space is needed for the following dates and approximate times: STATE and LOCAL PRIMARY ELECTION: June 25`h, 2019 from 11:00 A.M. TO 9:30 P.M. GENERAL ELECTION: Nov. 5th, 2019 from 5:00 A.M. TO 9:30 P.M. AUTHORIZATION: E-Mail address Ig9103 The County of Tompkins shall hold the lessor harmless and shall defend and indemnify them from claims or any lawsuit brought against them for damages and injuries by third parties caused by the acts or omissions to act, of the County of Tompkins, the Board of Elections and their employees. reTRUN,' ! 1 ! ! 1 ! 7FA 1. The facility must be open prior to the above referenced hours. Also, the BOE must have access to deliver and pick up machines and supplies. (See page 2 for details.) a. Facility will have (name) open and close building on Election Day OR b. Key will be provided to BOE on (date) c. BOE has key 2. Adequate heat and light (both inside and outside) provided by the property owner. 3. Adequate space and set-up of table and chairs for the inspectors and the public must be provided. 4. Adequate parking must be provided for Inspectors and Voters. If it snows, the facility will clear snow from parking lot and. walkways. 5. Telephone access for the election inspectors for the entire time that the building is open. 6. Any baked food sales or public events are to be scheduled in a separate area, away from voters, in a manner that will not interfere with the conduct of the election. C;AUsers`,tsl<3E5ii�slci\Deslctap!P��11 Site C0 j)tract- 2019 Aoc N POLL SITE QUESTIONNAIRE (must be completed) Machines and voting booths will be delivered between 8:30 a.m. and 5 p.m. in the week prior to the election. The machines and voting booths will be picked up between 8:30 a.m. and 5 p.m. on Wednesday following the election. Note any special arrangements or instructions below: Does the building have WIFI access ( Y / N ) If YES can we access the WIFI on Election Day. Access Code: 1. Upon delivery, machine will be: A) Set in place for Election Day (Location) B) Delivered to storage area: (Location) 2. After the election, pick machines up from: (Location) 3. Please give the exact location of the poll site within the building and the entrance the voter's Should use: 4. Mailing address (if different from location address) 4. Telephone number to be used to reach inspectors: DURING ELECTION HOURS S. In the event that it is necessary to contact a representative of the owners: IF BUILDING IS NOT OPEN BY 5:00.AM (GENERAL) OR 11:00 AM (PRIMARY), WHOM SHOULD WE CALL THAT MORNING AND WHAT IS THEIR HOME PHONE NUMBER? Name Ph. 6. For regular non -emergency contact: AFTER BUSINESS HOURS: Name: Ph. II 7. Indicate if the following will be: provided on site (P) or needed (N): Tables for Inspectors: (qty.) Tables for Voters (qty.) Chairs (qty.) Flag Signage Other I+C:\Users\tskibinski\Desktop\Pall Site Contract- 2419 .doc Forest Home Improvement Association (FHIA) c/o 200 Forest Horne Drive Ithaca, NY 14850 February 18, 2019 Re: Effects of Cornell University's North Campus Residential Expansion on Forest Home Dear Mr. Goodman and Members of the Board, Now that it appears that the North Campus Residential Expansion project will proceed, I'd like to call to the Board's attention several concerns about the impacts of the project on Forest Home. I have culled these from comments made at various Forest Home Improvement Association meetings over the past several months. I am also attaching a letter to the City of Ithaca Planning and Development Board, dated October 2018, in which I expressed neighborhood concerns about potential impacts of the project. It is my understanding that the Town may have the opportunity to join the City and/or other relevant agencies and municipalities in negotiations with Cornell over ways to dampen some of the impacts of this project relating to traffic and transportation. We urge the Town to take advantage of that opportunity and to vigorously pursue the interests of Forest Home. Specific concerns are outlined in the attached document. We respectfully request that the community be kept informed of ongoing negotiations with Cornell and others over the issues that are of concern to us and, further, that we be allowed to participate in any negotiations that directly affect us. We also urgently suggest the need, before any work on this project begins, for up-to-date traffic counts throughout Forest Home, including pedestrian traffic. Thank you so much for your past and continuing efforts on our behalf. We know you understand and appreciate how important it is that we feel heard and included in the conversation. Sincerely, Caroline Arms (President, FHIA) camline.arms@gmail.com �Effects on Forest Home of North Cw npus Residential Expansion (NCRE) Specific issojes of concern 1. Automobile traffic. We are concerned that automobile traffic will increase as a result of the expansion. Any increase in traffic volume will put additional stress on the level of service at various intersections in the community, but especially at a. the Pleasant Grove - Forest Home Drive intersection, and b. the Judd Falls Road - Forest Home Drive intersection, as well as the stretch of Forest Home Drive between these two intersections, which includes the one -lane downstream bridge. As you know, these intersections were not designed for the present levels of traffic and are, therefore, already problematic. 2. Pedestrian traffic. The project will shift the geographic center of North Campus somewhat to the east. We expect that this will shift pedestrian traffic patterns and result in all increase in the number of students who traverse the community, both for recreational purposes and to access classes in buildings on the east end of campus (Animal Science and Stocking Hall). a. There is no provision for pedestrians along Pleasant Grove Road into Forest Home. (We recognize that this stretch of road is owned by Tompkins County.) b. The pedestrian crossing at the foot of Pleasant Grove Road is unsafe. c. Walkways in Forest Home are rudimentary and border on curbs. Pedestrians walk in close proximity to traffic, including buses. Of particular concern is the above -noted stretch along Forest Home Drive between Pleasant Grove Road and Judd Falls Road, as well as the entire stretch of Judd Falls Road between Forest Horne Drive and Tower Road. The problem on Judd Falls Road is exacerbated in the winter time when, despite efforts of residents to clear it, the walkway often remains impassable as snow is plowed directly onto the walkway. d. Currently a significant number of students use the Sackett Bridge and McIntyre Place to access east campus by way of Judd Falls Road. We expect that number to increase. There is no separate provision for pedestrians on McIntyre Effects on Forest Home of North Campus Residential Expansion (NCRE) February 13, 2019 Place, and as noted, the Judd Fails Road walkway is both unpleasant and, potentially, unsafe. 3. Bicycle traffic. There is no separate provision for cyclists in Forest Home. Shoulderless roadways, current traffic volumes, and the problematic intersection of Pleasant Grove Road and Forest Home Drive make it extremely difficult for cyclists to use the Forest Home road system safely. 4. Bus traffic. Buses take up the entire lane width, coming dangerously close to pedestrians. They also have a great deal of difficulty negotiating the tight turn at the Judd Falls Road - Forest Home Drive intersection. We think it entirely possible that additional buses will be deployed to accommodate an increased demand for service to the east end of campus. In addition to regularly scheduled buses, a fair number of "Not in Service" TCAT buses currently use Judd Falls Road and Pleasant Grove Road. We expect that, without intervention, this number will increase as well. Any increase in the number of buses on Judd Falls Road would result in even further deterioration in the level of service for other traffic at the intersections mentioned above in relation to automobile traffic. I emphasize that FHIA strongly supports the use of public transportation and residents appreciate being able to get downtown by bus. Further attachments are a letter submitted to the City of Ithaca Planning & Development Board on October 23, 2018 and a photograph of part of a map that covers the intersection of Pleasant Grove Road and Forest Home Drive. The map was prepared as part of the Forest Home Traffic Calming Plan and considered part of the Final Report, dated June 29, 2007. A copy of the entire map was given to the Town. The section included here has suggestions for improvements at the intersection, as well as for a provision for pedestrians along Pleasant Grove Road. FHIA believes that recommendations from the Traffic Calming Plan should be the starting point for any discussions on changes in this area. Effects on Forest Home of North Campus Residential Expansion (NCRE) February 13, 2019 Attachment #1 Letter sent by FHIA to City of Ithaca Planning & Developi-rient Board (Oct Z3, 2018) Date: October 23, 2018 To: City of Ithaca Planning & Development Board From: Forest Home Improvement Association Re: Cornell's NCRE Project At last night's annual meeting of the Forest Home Improvement Association (FHIA), residents of Forest Home expressed great concern about the adverse impact of Cornell's proposed North Campus Residential Expansion (NCRE) project on traffic conditions in the neighborhood. A particular area of interest is Pleasant Grove Road from the intersection with Cradit Farm Road to the intersection with Forest Home Drive, across the downstream bridge on Forest Home Drive, and Judd Falls Road between Forest Home Drive and Tower Road. As the student population increases, so will the number of faculty and staff needing to reach the campus. Even without the NCRE project, the vehicle traffic at peak periods has been increasing steadily at the intersections on either side of the downstream bridge. Traffic accumulates and those of us who live near the intersection of Pleasant Grove Road and Forest Home Drive observe near -accidents frequently. The safety of pedestrians, including a large number of students out running, and of cyclists is a major concern. FHIA strongly urges the Planning Board to require that the NCRE project include: a. re -alignment at the intersection of Pleasant Grove Road and Cradit Farm Road to lead traffic approaching campus from Community Corners directly into campus. b. enhancements to the steep section of Pleasant Grove Road and the intersection with Forest Home Drive (i.e., between Cradit Farm Road and the downstream bridge) to make them safer for pedestrians and cyclists. Thank you for the opportunity to provide input into your deliberations. Sincerely, Caroline Arms, President, Forest Home Improvement Association 200 Forest Home Drive Ithaca, NY 14850 Effects on Forest Home of North Campus Residential Expansion (NCRE) February 13, 2019 Attachnient #2 Section of map pr'epared as part of Forest Home 1"raffic Calming Plan showing intersection of Pleasant Grove I'load and For I-Iot,ne Drive Below is a photograph of part of a map that was prepared as part of the Forest Home Traffic Calming Plan and considered part of the Final Report, dated June 29,2007. A copy of the entire map was given to the Town. The section included here covers the intersection of Pleasant Grove Road and Forest Home Drive and has suggestions for improvements at the intersection, as well as for a provision for pedestrians along Pleasant Grove Road. FHIA believes that recommendations from the Traffic Calming Plan should be the starting point for any discussions on changes in this area. Effects on Forest Home of North Campus Residential Expansion (NCRE) February 13, 2019 Parks, Recreation RTUNI and Historic Preservation ANDREW M.CUOM@ ERIK KULLESEID Governor Acting Commissioner Mr. Bill Goodman Supervisor, Town OfIthaca Town Hall 215 North TiOgaStreet Ithaca, New York l485O Dear Supervisor Goodman, The NYS Office Of Parks Recreation and Historic Preservation (State P3[kS\ vxOu|d like to acquire approximately 45.17 acres of vacant land located on the south side Of Enfield Falls Road in the Town of Ithaca. This property iSpresently owned byJohn F.Young and Susan M.Barnett, eShusband and wife and James R.Young and Julie R. Young, as husband and wife. The subject is a portion of a 4 lot sub -division of tax parcel 34-1-4.2 and is identified 83Parcel ADnthe revised survey map prepared byT(5.Miller P.C.dated January l7,2Ol9and filed atthe Tompkins County Clerk's Office OnFebruary 13,2Ol9;Instrument 2OI9-Ol477/eDClO5ed\. New York's Open Space Plan recommends that State Parks seek local government concurrence when the Environmental Protection Funds are used to fund an acquisition. Should you have any questions or concerns, please feel free contact me at (518) 408-1427 or by email at Robert F. McCune Real Estate Specialist 1 0PRHPReal Property Section Division of Environmental Stewardship and Planning MEETING OF THE ITHACA TOWN BOARD Monday, March 25, 2019 TB Resolution 2019 - 049: Concurrence with the New York State Park, Recreation and Historic Preservation (State Parks) intent to acquire property near the entrance to Treman State Park on the south side of Enfield Falls Road Resolved that the Town Board fully supports the State Parks efforts to purchase approximately 46.17 acres on the south side of Enfield Falls Road in the Town of Ithaca as recommended by New York's Open Space Plan when Environmental Protection Funds are used in the acquisition. Moved: Bill Goodman Seconded: Pamela Bleiwas Vote: aye — Goodman, Bleiwas, Levine, Leary, DePaolo and Howe STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA: I, Paulette Rosa, Town Clerk of the Town of Ithaca, do hereby certify that the above resolution is an exact copy of the same adopted by the Ithaca wn Board at a meeting on the 251n day of March 2019. EAL` Paulette Rosa, Town Clerk A a `ti • TOWN OF ITHACA 215 N Tioga St, Ithaca, NY 14850 > Phone: 607-273-1721 w Fax: 607-273-5854 www. town. ithaca. ny. us Town Clerk: Paulette Rosa (PRosaC&Town. Ithaca. NY. US) y Town Clerks: Debra DeAugistine (DDeaLigistineC(�Town.Ithaea.NY.US) Jasmin J Cubero (JCubero@Town.Ithaca.NY.US) March 21, 2019 Judy Bogart Paralegal The Lama Law Firm, LLP 2343 North Triphammer Road Ithaca, New York 14850 Dear Ms. Bogart, I have researched your question regarding the apparent change from Duboice Rd to Dubois Rd here in the Town of Ithaca. As records manager, I have access to digitized Town Board minutes and resolutions. I have found that indeed back in 1967 the road was Duboice then it gradually morphed into DuBois Rd then Dubois Rd on or around 1984. The Town of Ithaca Official Road Map designates the road as Dubois Rd since 2005 at least and I could research further, but that designation is official. If you have any further questions, please let me know. Sincerpl' Paulette Rosa Town Clerk/RMO H RECEIVED LMAY 012019 J Mr. Bill Goodman TOWN OF ITHACA T OW TOW_N 107 Updike Road CLERK Supervisor, Town of Ithaca I Ithaca, NY 14850 215 N. Tioga Street Ithaca, NY 14850 28 April 2D19 A few weeks ago I wrote to Mr. Weber of your Highway Department regarding a drainage problem on Updike Road that was severely impacting my land and rendering it unusable. Several years ago, in an attempt to take care of erosion and road flooding, the Town inserted a: large culvert underneath Updike Road, running from the west side to the east side. The resulting change caused the culvert to dump the drainage water directly onto my property. Over a fairly short period of time this caused the lawn to become a bog and rendered it unusable. The Morton Building where I used to store a ride -on mower and a motorized snow blower is no longer accessible because the ground is so saturated. More, importantly, I can no longer drive my van to the entrance to pick up and drop off furniture, which: impacts my business (Big Button Upholstery LLC). In an attempt to mitigate the flooding problem caused by the culvert, I spent a lot of money and a considerable amount of my time, purchasing and installing a large rubber bucket underneath the culvert exit and over a hundred feet of flexible pipe to run from the bucket down the side of the lawn into my pond. This was partially successful but over time the bucket filled up with small stones and other debris and the end of the culvert has eroded to a point where most of the run-off bypasses the bucket and goes directly onto my lawn. I was impressed that Mr. Weber sent one of his maintenance supervisors within a few days of receiving my e-mail. However, Mr.Tenkate told me there was nothing he could do about it. When I asked him to look at the culvert close up, he said Town regulations prohibited him from stepping onto my property. He thought the "fix" would be easy enough and inexpensive but, of course, that would require Town maintenance staff to be allowed on my property. His recommendation was for me to contact the Town supervisor which is why I am writing to you. I have neither the expertise or the money to install a proper drainage system to protect my land from constant flooding. I am happy to have all this water diverted to my pond where flooding is not a problem. It was made with an overflow mechanism that takes excess water to the creek. In any event, I consider this problem was caused by the Town installing the culvert without much, if any, thought about the consequences of what all that extra water would do to my land. I expect the Town of Ithaca to remedy this matter without further cost to me so, that I may resume full use of the land that is now little short of a, swamp. I am willing to explore all avenues to get satisfaction in this matter. Sincerely, Robert A. Nicholas Town of Ithaca — District 11 _'5 ( _3( < JENSCOTT PROPERTIES, ASSOCIATION MANAGER 119 W. GREEN STREET 2�" FL ITHACA, NY 14850 (607) 272-1816 Jenscottl@aol.com J' RECENEU C June 12, 2019 Mr. Bill Goodman Town Supervisor N F RC TOWN OF ITHC Tow 0 1� 0 WN UERAA Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 Dear Mr. Goodman: I am writing on behalf of the Deer Run Homeowners Association. We wish to bring to your attention our concern about motorists who fail to stop at thie four-way stop signs at the corner of Saranac Way, Teton Court, and Whitetail Drive and to request your assistance in addressing this problem. We see this traffic violation regularly, primarily with traffic driving on Whitetail Drive. A number of drivers treat the stop signs at most as yield signs — not even attempting a rolling stop if they do not see other vehicles approaching. Several school bus routes travel through or stop at this intersection, so children and teens are gathered in the area in the mornings and disembark in the afternoons when school is in session. With the arrival of better weather, a number of residents walk daily in the roadways Since there are no sidewalks; we are concerned for their safety as well. We understand from earlier discussions you had with Fred Wilcox that it is not feasible to install speed bumps to ameliorate the problem. We wonder instead if distinctive flags might be installed on the stop signs temporarily to remind motorists of their obligation to come to a full stop at the intersection. Please let us know whether this is a possibility, and what further actions we may need to take to request this intervention. Sincerely yours, J /9 Rebecca M. Sparrow President, Board of Directors Deer Run Homeowners Association Prom To: Subject: pw: B&B noise Date* Wednesday, July 3, 2019 126:48 PM Please forward to the fown Board per the seriders request, 131-mc Bates 0ir.%`mdc Emforcerment & Zoning TOWN Of ,lINA, CA 2|5INKimguStreet Ithaca, New Yo�rk 14850 11:607-273-178 3 ent.l22 F�ho7-273�-|704 From. Cora B|en Luke <cnraeU8n@QmaU.C(,)rn> Sent: Wednesday, July 3,2O19255P&1 To. Bruce Bates <B8aLes @invvmvthacumy,ua> Subject: B&B nojs�,,,, UeUm Mr. Bates: We live at 21.1 SOraw/berr/HiU Orc|e, unit4. Our hedn0om window faces the back yard arid back deck of15Alex Way. VVewere awakened this past *wkmdat 2:15a.m.by|oudyeUing and planying,frombouseonAJexWay, bwent or) and qnfor quheavvhi|e,dear|yapartVwas taking p|acepnthe hackdeck which faces the back,ofOurunit. Despite puiinear p|ugs,|did not get back to sleep till 4 a.m. "the landlord, thoukh not residing there h,imself, rents out the hig house as a 8&B, He is using the house for oommerria| interests only, even though this is strictly Limiting the length ofstay will mot help this problem much; rlOiSy gUE?StS can cause plenty of \ost sleep for neighbors even ifthey stayon|ya night or two, I am am/are that we can call the sheriff's office tomakeacomplaint, and | will doso|nthe future. However, itisstiUUke|ywe'd lose a good h[\ ofs|eep before the problern got addressed. My hope is that as yuu and othersconsid8r |egis|ahpn regulating 130s, that you keep in mind the importance (if) an |ncneosing|ynoisysnd stressed wor|d) of preserving the peaceful and quiet nature OfOor/t,?S�denda|neighborhoods. |fa|and|ordisresidin@inthe hom�and renbng,Out ar0()mor two, it ls not likely th�t the guests will crcat� a noise problem, and if they do, the landlord is present to de�a| with it. However, if the �and�ord is not residing there, the chances of the house being used as a partying place with a lot ofnoise is high, especiaUyif it is a large house like this one. My hope is that new ref',Ulatlons state that the land1c)rd must reside in the home ifany of the space is to be used ,as a B&B if it is located in a residentially -zoned area like this one, I hope to corne to the town board meeting ntlxt Mond�y, but rnay not be ai)1(,.,, to rrialke it, |f|wmnot there, I, ask that you pass or) rmythoughts tothe rest oftire board. Thaokyou- Paulette Rosa FromBill Goodn'ian Sent: Monday, July 8, 2019 102 PM To; Paulette Rosa Subject: FW: Need response ASAP please 3rd attempt. ----- 06ginal message__-__ iFrom: 3D CINEMATION MULTIMEDIA CO Sent: Tuesday, July 2, 2019 5:41 PM To: Rill Goodiman <BGoodman @town. ithaca.ny.us> Cc!: Luanne M. Prosperi Stefanucci <Ips8@cornell.eclu> Subject: Re: Need response ASAP please Ord attempt. ME Good thing you are leaving as town supervisor - you can't respond to an urgent email? Another reason people have (little taste for politics in Tompkins County. I'll make sure at least 12,00,0 people living in Ithaca see that YOU care little for fire safety, - you and that chump fire chief! Joe Scagllione > On Jul 1, 2019, at 8:47 AM, 3d cinernation <3d6nemation@gmai1.com> wrote: > Bill > My neighbor who owns 1221 tburg road - Peter Rogers ® has his lawn nearly 3 feet high and all dead grass > Given the nursing home employees smoking at the rear of his property - this poses a major brush fire hazard within feet from Our horrie at 1223 tbUrg > Please respond today with, a resolution to this. I contacted the family 3 weeks ago arid! it still has not been addressed > Appreciated > Joe Scaglione > Sent from my Whone Paulette Rosa From: Bili Goodman Sent: Monday, July 8, 2019 3:02 PM To: Paulette Rosa Subject: FW: Urgent safety issue From: joseph scaglione Sent: Thursday, July 4, 2019 10:52 AM To: Bill Goodman <BGoodman@town.ithaca.ny.us>; Pam Bleiwas <pbleiwas@town.ithaca.ny.us>; Steven Williams <SWilliams@town.ithaca.ny.us>; Rich DePaolo <rdepaolo@town.ithaca.ny.us>; Rod Howe <rhowe @town.ithaca.ny.us>; TeeAnn Hunter <thunter@town.ithaca.ny.us>; Pat Leary <pleary@town.ithaca.ny.us>; Eric Levine <elevine@town.ithaca.ny.us>; ifd@cityofithaca.org Cc: Mary Prosperi Mep <marypros@twcny.rr.com>; Luanne M. Prosperi Stefanucci <1ps8@cornell.edu>; Mark H. Anbinder <mha @14850.com> Subject: Urgent safety issue I am writing to all of you today regarding a potential fire hazard at 1221 Trumansburg Road in the town of Ithaca. It is an unoccupied structure owned by Peter Rogers of Ithaca. My property is adjacent to this at 1223 Trumansburg Road. Cayuga Ridge also borders both properties. In all of 55 years we have lived at this address, the 1221 property has never been so neglected as the photo attached showing dried grass over 3 feet high, neglected trees that fall down over our property line, weeds, deer ticks, snakes, smelling dead animals, obstruction of a fire hydrant from excessive grass etc. My mother, Mary Prosperi, Sister, Luanne Stefanucci and myself have written several letters to Supervisor Goodman with no reply. Mom also contacted Steve Williams, no reply. I have also contacted the property owner and 2 members of his family, only reply was from one son who said, "do what you have to do with the town, i don't get along with my father and he wont answer etc" I will say we are extremely nervous about a brush fire starting especially in the night time when Cayuga Ridge employees, or their construction workers walk through the back of the property smoking and throwing butts in the grass. Should there be a fire and loss to my family, a massive lawsuit will commence. You have all been notified of this situation. As taxpayers of the town since 1955 and the city 30 years before that, we demand some representation asap. No response is no excuse and neither is "we don't have zoning in place" - Fix this asap! Joseph Scaglione Paulette Rosa From: Bruce Bates Sent: Wednesday, July 3, 20119 3:27 PM To: Jasmin J1 CuberoPaulette Rosa Subject: FW: B&B noise Please forward to the Town Board per the sender's request. 11111ce Bates 11)ir, Code Fliforcement & Zoning RMN 0F ITH/WA 2 15 N Tioga S� reet Ithaca, New, Ycn,k. 14850 11, 607 -273-1781 ext, 122 607-273-1704 US From: Cora Ellen Luke <coraellen@gmail,com> Sent: Wednesday, July 3, 2019 2:55 PM To: Bruce Bates <BBates@townJthaca.ny.US> Subject: B&B noise Hello Mr. Bates, We live at 211 Strawberry Hill Orcle, unit 4. Our bedroom window faces the back yard and back deck of 15 Alex Way, We were awakened this past wknd at 2:15 a.m, by loud yelling and partying from the house on Alex Way, It went on and on for quite a while; clearly a party was taking place on the back deck whichfaces the back of olur unit. Despite putting in ear plugs, I did not get back to sleep till 4 a,m, The landlord, though not residing there himself, rents out the big house as a, B&B. He is using the house for cornmerciM interests on,ly, even though this is strictly a residential neighborhood, with mostly elders and famillies. Limiting the length of stay will not help this problem much,- noisy guests can cause plenty of lost sleep for neighbors even if they stay only a night or two. I any aware that we can call the sheriff's office to make a complaint, and I will do so in the future. However, it is still likely we'd lose a good bit of sleep before the problem got addressed. My hope is that as you and others consider legislation regulating B&Bs, that you keep in, mind the importance (in an increasingly noisy and stressed world) of preserving the peaceful aind quiet nature of our residential neighborhoods. if a landlord is residing in the home and renting out a room or two, it is not likely that the guests will create a noise problem, and if they do, the landlord is present to deal with it. However, if the landiord is not residing there, the chances of the house being used as a partying place with a lot of noise is high, especially if it is a large house like this one. My hope is that new regulations state that the landlord must reside in the home if any of the space its to be used as a B&B, if it is located in a residentially -zoned area like, this one. I hope to come to the town board meeting next Monday, but may not be able to make it, if I am not there, I ask that YOU pass on my thoughts to the rest of the board. Thank You - Cora Ellen Luke v ez, V-0c /i's 3v-, +Z"'(`!' LAI" V":3 0 ut) e- vl-, I to C- eocv L) 14c V, �3 Bon to S VoHan(l 3 3 Strawb,,z,ri'y HH Qr&2 fthaca, M,,,w Y'ork 14850 607.342,5278 UMMATIM Bill Goodman Supervisor Town of Ithaca 215 North Tioga Street Ithaca, New York 14850 Carol Kammen shared with me her letter asking that "No Parking" signs be considered on, Honness Lane at the northwest corner of Honness and Wildflower Drive. l would like to add my voice to hers and others who believe this corner is dangerous in that when cars, or trucks are parked there, a left turn: onto Honness from Wildflower cannot be safely made since oncoming traffic From the right is blocked from view. Tarvox-TT&T-W Bonita Voiland 0 jui,,. 21" 47e)4Z,/, A e4r �lv lie ct,ad (11561(li, "tole') cz M I/ 4w c�x Iiiael"t en,ud�deez >4/)'n 4,1 Ole Z"'dl)za,�,,40 f6l 4 i"app 4. A io31 r TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 www.town.ithaca.ny.us CORRESPONDENCE LISTING August 23, 2019 Please review the following correspondence and indicate, by placing your initials in the right-hand column adjacent to the correspondence that you wish to receive a copy. We can forward a copy to you via e-mail or make a hard copy. Please indicate your preference next to your name at the bottom of this form. Correspondence — Item Please place your initials here if you wish to receive a copy 1. Letter from Anonymous: Several signs containing vulgar language on neighbor's property in Coy Glen Rd. 2. Letter from Stephen Ferris: Construction, potholes & lights in Town & City of Ithaca. 3. 1. Dog Seizure Report (3 Impounded) FA 3. n 1. 2. 10" ft, 0 F TOWN OF ITHACA 21�1 215 N Tioga St, Ithaca, NIY 1485 O,i 6 > -607 Phone. -273-1721 #3 www,town.ithaca.ny.US Y y Town Clerk: Pauletter Rosa (PRosa@Town Ithaca NY.US) Deputy'Town Clerk: iasrnn.) CUbero (JCubero@,rownAthaca.NY US) August. 28, 2019 Stephen Ferris 1-)0 Box 4672 Ithaca, NY 14852 Dear Mr. F"erris, I j ust retu mcd from vacation and saw your correspondence dated AUgUSt 13, 20 19 regarding (IUrtC a few, issues and you indicated that you never hear froni anyone. so I wanted to respond. I was not SUN 0* you cc'd the City so I scanned and forwarded this to them since tnarly of your comments are ("try based. As for the Town of Ithaca issues The Park and trail associated with Saunders Rol has been in the works for many years The land was dc)nated by iwo different people/entilles OMOU(111 different processes and public t,,iutreach to the area residents was conducted by mail and a mecting In dic neighborhood. I will assurne the vacant lot is part of the town properly currently being LISM as,a staging area for the park and trail near Saunders Rd and the shrubs I haVe to aassuan1C were on that property, and had to be removed to make way fOr the trawl to the park. JOe 1"',11hUt is our Parks Manager anti You COUld WdCh 0Ut (0 hini for more details and a time frame for the Project and removal of staging equipment and SUPplies or 273-1656 ext 222. Aurora Street is in the City as is Cascadilla ( ,I reek and State St./Geneva St. so I can't address those as well as Dey St and Stone Quarry/Spencer St, "Flie deer problem has also been discussed at length at the Town and we conducted as Deer Management Program last spring with little success, but will be trying again. You can ➢earn more about that at I n.tp., //w ww, low it � i tj lagi,, Unfortunately as you mention, predators are down and hunting is Waly d(MAI but We C011(inUe to explore ways to address this issue. YOU CM1 reach out to Mike Smith, our Fnvironniental Planncr who is the haison with the committee working on this issue, if l can get you any further infortnairon, please lett me know, Sincere l'aaalette R CITY OF ITHACA 245 Per Rd., Ithaca, New York 14850, DEPARTMENTOF I L)BLK WORKS, STREETS & FACILITIES Ray Benixinin Asst, Supet-intendent Of fiat tic Works Streets & Facififies, Division ,rdephone: 607/272-1718 Fax: 607/272-4374 August 29, 2(. )19 Stephen Ferris PO Box 4672 Ithaca, NY 14852 20 IS Mr. Ferris, I'll try address YOU concerns in matters concerning the City of. thaca. As, far as Aurora at being closed and detoured for sidewalk work it was about 1000' of new sidewalk along Aurora St. (Hiliview to Grandview Ave.) to complete a sidewalk connection from the City line to downtown. (Sornething that has been in the works for several years). While that work was being done Water & Sewer took advantage of the street closure and put in a portion of riew waterline that. will be needed to for fire flow in the Chain Works development project. Work on Stone Quarry / Spencer Road improvements could not, start until Aurora St was reopened, Spencer Street is in need of` resurfacing and has seen a significant increase in traffic since the 400 block of Spencer Rd was closed off'. The Streets along Cascadilla Creek, Lake Ave. and Willow Ave., were closed for milling and paving., The City hires a contractor to mill streets off so we when they are in town we mill several streets at once to avoid additional mobilization fees and schedUlillg problerns. Streets remain closed until they are paved because manholes and valve boxes that protrude above the milled surface create hazards for unaware drives which results in more damage claims. Other Pr,obleni Areas: W. State and Geneva, I agree there is a grade match problem, but the solution isn't to just fill it in. That would become a dam in the glitter line and cause ponding. When Geneva Street, comes up for work that, end of the street needs to be lowered, that will also help the drainage of'Geneva St on that block. The left turn off Rt 13 onto Willow Ave. is a State Control led intersection and I believe it has a "smart" component to deal with the railroad signals. I believe the turn tirne is based on the number of` the cars, in the cue to a certain extent. (Late at -rivers into the cue do not affect. the turring) NYS DOT in Syracuse can give you snore specific answers. "An EquM Opportunity Employer with a coniniftment to workforce (fiversification." The Stop sign at Stone Quarry and Spencer; that, is the current debate. While there is no specific reason to stop, drivers are entering a populated area corning off a steep hill with very few driveways that drivers have to pay attention to. The speeds tend to increase as well more traffic going to the Circle. The concern is safety, Residents have difficulty getting in and out of their driveways and with new development in the area the pedestrian traffic walking along the road has increased as well. Until a sidewalk, systern can be impleniented in thatnarrow corridor it is going to be a problern. The residents feel a stop sign at least, slows traffic down by making thern stop, but drivers tend tea ignore signs that have no obvious reason to be there. The City has reduced the speed ling t to 25 niph to be consistent with the Tomil's speed lunit, coming down Storic Quarry and are considering other traffic calming measures. To keep upwith current street closures ymi call get an App the City uses to notify interested parties. The Swi 1-1911 notification App is available on the City wet) site. Sincerely Ray Benjamin Assit, Superintendent Of Public Works ■ August 13, 2019 Ithaca City and Town 215 N Tioga, St Ithaca, NY 14850 Cc: DPW, Street Division, Planning, Division, City of Ithaca To whom it concerns: f" Fcmovmr) N I 2 01 � N"COL24 �INGj ,I have lived on South Hill 5 years, and Aurora St is constantly being blocked off, several times a year. This time I heard on the radio it was to replace some sidewalks. Why does it take 31nionths to replace a, couple blocks, of sidewalk? This is a main road that shouldn't be blocked off so, long and so frequently. You also have blocked off half the streets downtown around Cascadilla Creek, making it torture to drive in the area. Yet I don't see people working on these streets most; of the time. Why start the construction and not finish the job in a timely manner? Same thing happened on a site last year at King Rd and Coddington. 'They detoured people 3 months (long detours), left the job unfinished 6 months,, forcing people to drive over rough unfinished roads,then detoured people again 2 months more to finish it this year. There are up to 10, people working on as trail on properties, around Saunders R.d. This is atrail I person as week will, use. They are tearing up the landscape. The workers should be filling potholes around town instead,., The roads in Ithaca are in worse shape than I have seen in 20 years. I hear there was a 1.2, million dollar grant to improve the Black DiamondFrail, again a trail I person a week will use. Why not fix potholes and install smart traffic lights around town with that money? Here are some other problem areas: At the intersection of State St and S. Geneva St there is a huge trough in, the road, causing cars to slow to a crawl or else, damage their ,front ends. You can see numerous scrape marks. It should be filled in to be level. The left turn light at Dey St and Rt 13 has about a 4 second green, enough forcars to, pass. Usually there are 4 cars there and when it turns red they try to turn left anyway, exposing oncoming traffic to a dangerous situation. Another problem: bottom of Stone Quarry Rd and Spencer St. Why is there a stop sign there? No one can make a turn. It wastes people's time, and brakes, to stop. Lastly the deer population in the City and Town is out of control. Recently I hit one causing $3,000 damage to my car, $700 out of pocket. It almost went through M my windshield. I have seen more deer this year than the previous, 5 comb�ined. They are now frequently crossing Stone Quarry Rd. You need a deer crossing warning sign there. I even saw one at the roundabout by Spencer crossing Old Rt 13 at 10 prn in the city limits. I have seen 3 deer in 3 weeks on the Burns Rd, 2 dead from being hit by cars,. I need to use this road. every day. I don't feel safe using it. I have written Town flail about this deer problem but no response. It is time to stop forming useless committees, and hire someone to go out there and destroy half the herd by whatever means. There are far too many deer. Without predators their population has exploded. Please do something about this problem !P! Sincerely, Stephen Ferris PO Box 4672 Ithaca, NY 14852 0)" IT 9 V d-CY, tO -4,v I t-VI �ew m RM, 11,11F.Fn, MG 1 S! 2019 4,1,11 It, 5J., 6 e n z! 17 §15 CIO? C, 5k r(a kv\ c "C', Alk AA /01 (A to Li �Aj h n 1142 1117 Ch) CRAY 'il'C�XA 0 Q to c V, I (-,A v- 6L re cleJ vvy 'I (f, arte 1��c 5 �C> VQ v(2 (vose �, L; AMC, Wit, 1, W� I be Ace k io31 r TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 www.town.ithaca.ny.us CORRESPONDENCE LISTING September 20, 2019 Please review the following correspondence and indicate, by placing your initials in the right-hand column adjacent to the correspondence that you wish to receive a copy. We can forward a copy to you via e-mail or make a hard copy. Please indicate your preference next to your name at the bottom of this form. Correspondence — Item Please place your initials here if you wish to receive a copy 1. TC Industrial Development Agency: Notice of Public Hearing, Nut Brown Realty, LLC Project Regarding Financial Assistance (Notice Letter, Public Hearing Notice & Schedule A) 2. Email: Mia Slotnick RE: Short-term Rentals 3. Email: John Beach RE: Resignation — TOI Planning Board 1. Dog Seizure Report (3 Impounded) Tompkins County Industrial Development Agency . ........... . - ------ .... ........ . Administration provkled by ATCAD NOTICE LET..hEl Nut Brown Realty, LIX"' Project August 27, 2019 VIA CERTIFILI) MA [I, RETURN RECEIPT _AKQE-IwA.... M-P To: Addressees on Schedule A attached hereto Re: Tompkins County Industrial Development Agency: Not Brown Realty, 11,,LC: Notice of Public I-Icaring Regarding Financial Assistance, Ladies and Gentlejiaen- On Friday, September 6, 2019, at 5:00 p.n'i., local time, at South hill Business Carnpus, 950 Datiby Road, Ithaca, New York, the 'Fompkins County IndLIStrial Developineat Agency the "Agency") will conduct a public hearing regarding the above -referenced project. Attached is a copy of th.e Notice of Public Hearing dcscribing the pro ect and the financial assistance Z� J contemplated by the Agency, The Notice has been Submitted to The llhucu Journal for publication. You are welcome to attend such hearing at which firne you will have an, opportunity to review the pr(�)Ject application and present YOU)n view,vs, both orally and in writing, with respect to the project, The public hearij"ig is heing conducted pUrsuant Section 859-zi of' the General Municipal Law, We are providing this notice tO YOU, 1XII-SL1,111t to General Municipal Law Section 859-a, as the chief exeUltiVC Officer of an aff'ected tax jurisdiction within which the proJect is located. TOMPKINS COt.JNTY INDIJSTRIAL I)I�.11VI-'I.,()[')MEN'I'A(IENCY 40 1: %Lartin Luther Krn- Jr Stwet, Suite 402B, Iffiaca, New York 14850 - phone� (607) 273-0005 - Env (607) 273-8964 NOTICE OFFTBUCHEARING NOTIC12" IS I-IFIRE"BY GlVf,"N that as public hearing pursuant to Article I 8-A of the New York General Municipal Law will be held by the Tompkins County IndUStrial Development Agency (the "Agency") on Friday, September 6, 2019, at 5:00 p.m., local thee, at South 11111 Business CampLIS, 950 Danby Road, Ithaca, New York, in connection with the following matter: NU`F BROWN REAL`FY, LLC (the "Company") and the Agency previously entered into as certain lease agreement (the "Lease Agreement"), leaseback agreernent (the "Leaseback Agreement") arid payment -in -lie U-of- tax agreement (the- "PILOT Agreement"), as the same may have been aniended thorn time to time, with respect toa certain project (the "project") undertaken by the Conipany, as agent of the Agency, consisting primarily of the acqUiSition, constrUCtiOn and equipping on certain property located at 122 Ithaca Beer Drive in the ']'own of Ithaca, Tompkins COLUity, New York (the "[,and") of and approximately 15,,000 square -foot building and an approximately 23,800 square foot addition thereto to house the packaging department of tenant Ithaca Beer Company, Inc., iticludirig as tie", bottling line, as new canning packaging line, shipping and receiving, office space, lab, barrel aging room, and larger cooler (the "Improvements,"-, arid, together with the land and the Iniprovenients, the "Facility") The Conilmny has Submitted an application (the "Application") to the Agency requesting the Agency's continued assistance with respect to the retention of the I)ro ' ject consisting of the aniendment and restatement of the I..,case Agreement, Leaseback Agreement and/or PILOT Agreement, arid such other agreenietits, documents and certificates relating to the Project necessary to effectuate a deferral of the term of and to modify the provisioris relating to the Company's obligation to make certain payments under, such agreements, The Agency will retain a leasehold interest in, the Facility and continue to lease the Facility to the Company. The Corripany or a related critity of the Company will continue to operate the Facility during the terin of the lease. At the end of the lease term, the ('ornpany will PUrchase the Facility from the Agency, or if the Agency holds a leasehold interest, the leasehold interest will be teri-ninated. The Agency contemplates that it will provide financial assistance (the "Financial Assistance") to the Company in the forin ofa real property tax abatement, A representative of' the Agency will be at the above -stated time and place to present a copy of the Company's project Applicatioti and hear atiol accept written and oral c onniiie tits fr oril all persons with views in favor of" or opl,)osed to or otherwise relevant to the proposed Financial Assistance. Date& AUgust 27, 2019 T'()MPKINS (:;M.TN'TY INI.)US'"FRIAL 31177 1 4817 6750 1985 v T Via Certified Mail No. 70190700000139421677 The Honorable Martha Robertson Chair of Tompkins County Legislature 121 East Court Street Ithaca, New York 14850 Via Certified Mail No. 70190700000139421653 The Honorable Bill Gordon ` —Supervisor of 'the Town of Ithaca 215 North Tioga Street Ithaca, New York 14850 Via Certified Mail No. 70190700000139421646 Dr. Luvelle Brown Superintendent Ithaca City School District 400 Lake Street Ithaca, New York 14850 Schedule A Via Certified Mail No. 70190700000139421660 Mr. Jason Molino Tompkins County Administrator 125 East Court Street Old Jail Building, 3rd Floor Ithaca, New York 14850 Via Certified Mail No. 70190700000139421639 Mr. Robert Ainslie Board of Education President Ithaca City School District 400 Lake Street Ithaca, New York 14850 Paulette Rosa li M'ia Slotnick <rnjslotnick123@gmaiI.com> Sent: Monday, September 16, 2019 1038 PM Tw Pat Leary;(Bruce Bates; Pam Bleiwas; Rod i TeeAnn Hunter', Eric Levine; Susan Ritter; Rich IDePaolol- birock@claritycoririect.com: Cc: Paulette Rosa; Bill Goodman Subject* Short Term Rentals Dear Supervisor Goodman, Ithaca Town; Board members, and all others involved with short term rental legislation, I wanted to clarify the polints, I was trying to convey at Monclay's, Board meeting and propose some questions and possible solutions.. They are drawn from the recent example of damage to Our personal property from our neighbor's AirBNB renters. 1, Who is, liable foir the damages done by short term renters to neighbors' properties? The, host in this case, completely refuses to take any responsibility for the damage that her renters incurred, 2'. STIR renters have no interest or concern for the neighbors or neighborhoods they are staying in. B. Policing by neighbors of STRs and the negative impacts they have on a neighborhood creates conflict between neighbors, 4. Although the practice of STIR is oftenJUstified by staiting that it generates much needed income for those who Could not otherwise afford to stay in their home, this is, often not the case. The owner of the house whose renters damaged our property (Malhka Thomas) is a full time Cornell professor, The STR home across the street is owned by a physician. The one behind LIS is owned by a property developer and lecturer at Cornell. Anthony Hay, who has repeatedly spoken at Board meetings in favor of increasing the number of days allowed for STRs, owns multiple STR units, and is also a, full time, professor at Cornell. lit seems that the majority of STR hosts, are not in dire need of extra financial gain. S. Mai Thomas has not lived in her #20 Renwick Heights house for over a year, but she rents it Out constantly as a STR.. Does this home still count as her primary residence even though she has not lived in New York state for over a year, and will not be living in the state for at least one more year? Possible solutions to the, above would be: 1. Consider limiting STRs to 14 days (as Cayuga Heights has done successfully for over a year) in areas where the density and setback of properties, as well as the strictly residential nature of an area, accentuate the negative impacts of STR such, as degradation of neighborhood character and decreased quality of life for neighbors. 2. Consider putting into place one of the STIR data monitoring agencies (example in link below) that track hosts aind their rental activities to aid in accurate reportiing of rental frequency and help with enforcement of Ilocall regulations before allowing, STR to operate. It seems proactive and most efficient if all three municipalities (the City, the Town, and Cayuga Heights) could work together on thiis. P,!J.�1J2-C,e,:,cO b',2LLqior s-and-services -ovewire w 3, Clearly define the term "primary residence" and decide how long the homeowner must actually reside in the horne per year for it to qualify as their primary residence. 4. Consider annual permit renewals where neighbors' concerns, are weighed strongly in granting renewals. S. Take into consideration when drafting your legislation that many of the, people benefitting financially frorn STRs are not needy, but are actually financially secure, 6, The argument that the long term rental market in Ithaca is from, August through March, ands that there are 4 months of the year that the units are empty is not correct, Units rented, to Students are potentially empty for only two months, since Cornell and IC students finish their spring term in mid to late May. The, long term student rental market in Ithaca historically has, used a 1,2 month lease, regardless of whether the tenants live in the unit for all 1.2 months. However, property owners now know they can make more rnoney by shortening the lease from 12 months to 8 months, thereby deliberately freeing up the units for more lucrative short term rentals. Torn Knipe, the Deputy Director for Economic Development for the City of Ithaca, made the following statement in last week's "Ithaca Voice" article about AjrNNB� "Unchecked, this could transform neighborhoods into communities of transience". Sadly, this is exactly the direction Renwick Heights is moving in, with many other residential areas of Ithaca to follow, Thank you for your consideration of these points. Sincerely, Mia Slotnick and Kenneth Simpson Paulette Rosa Subject: FW: Resmgnation - Town of Ithaca Planning Board From: John Beach Date: September 17, 2019 at 1:1444 AM GMT42 To: Fred Wilcox y, �qm> Subject: Resignation - Town of Ithaca Planning Board Good evening to all of you, After much thought about fts over the course of the last few months I have decided to resign, from the Town's Planning Board effective at the end of the October 1, 2019 meeting. Several personal issues have led me to this decision, plus I believe I have served between nine and ten years on the Board and thal, it is time for me to move on to allow for a fresh perspective. I have thoroughly enjoyed' my time on the Board and working with my follow Board members for the betterment of the Toiwn, Our jobs as Board members are certainly enhanced by the presence oif dedi'lcated, hard working, highly committed Planning staff who are always available to inform and guide our deliberations. My thanks go out to all. I am blessed to have had this opportunity to serve.. John Beach Planning Board member TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA,114851- wwwtown . ithaca. ny. us ........... CORRESPONDENCE LISTING Please review the following correspondence and indicate, by placing your initials in the right-hand column adjacent to the, correspondence that you wish to receive a copy. We can forward a copy to you via e-mai/ or make a hard copy, Please indicate your preference next to your name at the bottoin of this form, IKU"T I, C 0 R, Customer Solutions Center 9/28/2019 TOWN OF ITHACA 215 N TIOGA ST ITHACA, NY 14850-4357 EMCOlt Customer Solutions, (,'enter USPS Landlord Maintenance Prograrn C/0 EMCOR Facilities Services/R.J., 4050 East Cotton Center Blvd, Suite 40 Phoenix, AZ 8,5040 Fax: 866-705-3094 MASS 1KVM 2 11"140 104 MINIM kyj ril I SIJBJECT: ITHACA DOWNTOWN STATION ITHACA, NY 14851-9997 Maintenance Required Dear LANDLORD� Call 2998100 — Problem 2998100:No issue with bulbs they have been changed and local maintenance has already looked at the problem., Entrance lights are not working. The breaker on the elie,ctrical, box keeps tripping off. Lights can be reached with a ladder. Hours M,on - Fri 830-500 Sat 8310-1200 Thank you! Please rernernber that any repair and alteration work involving disturbance of asbestos-contain�ng materials (ACM) or lead -based paint (LBP') is subject to Oicrupiat�ional Safety and Health Administration (OSHA) requirementsh other federal, state, or local requirements may also appily, depending on facility location. Please contact the undersigned immediately to discuss any known or suspected asbestos or lead'! issues relating to any rep;a�rs. Please have this work completed no later than 10/28/20191. Should you fail to complete the work ' the Postal Service has the legal right to contract for the work, and the cost, plus any administrative fee and appropriate interest, will be reimbursed by you or deducted from your rent, NUNN Sincerely, Christlne Roberts USPS Landlord Maintenance Program cc: Real Estate Specialist/Permanent Lease File '"COW Customer Solutions Cen] 10/5/2019 EMCOR Custornel' Solutions Centel' US PS L,andlord Maintenance Program (170 FMCOR Facilities Services/Ji-L 40( 50 East Cotton Center Blvd, Suite 40 Phoenix, AZ 85040 Fax: 866-705-30t 94 RETURN RECEIPT REQUESTED And Via FIRST CLASS MAIL SUBJECT, lTFIACA DOWNTOWN STAT0N ITHACA, NY 14851-9997 rti Maintenance Reguired Dear LANDLORD� The following is an itemized list of the needed repairs: Call 2456976 - Problem 30010079: Please repair the gutter on the roof it is leaking. (ACM) or lead -based paint (LBP) is subject to Occupational Safety and Heal;h A4 ini'stration (OSHA) requirements; other federal, state, o�r local requirements may also apply, dependg on facility location, Pleadersigned immediately to drscuss any known or suspected asbestos or lead issues relating to any repairs, 114walra"W11 2 Of I'Mill U I I I no W7W UF "041 - a 9ZEM Ruby Garcia USPS Landlord Maintenance Program cc: Reai Estate Specialist/Permanent Lease File ADDENDUM TO LEASE BETWEEN TOWN OF ITHACA AND UNITED STATES POSTAL SERVICE RELATING TO 213 NORTH TIOGA STREET ITHACA, NEW YORK 14850 The Lessor and Lessee agree: that the Lease to wWcb this addendum is attached is n,odifiei0 as follows: 1. EggW. Section 2 "Rental" is modified to provide that: "The Postal Service will pay the Lessor a one time rental of One Dollar ($1,00) payable upon commencement, of the lease term. The rent will be payable to Town of Ithaca, 126 East Seneca Street, Ithaca, New York 14850-9i876 unless the Contracting Officer is notified, in writing by Lessor, of any change in payee or address at ],east 60 days before the effective date of the change. " 2. Loggal DescriR�m, Paragraph 9 "Legal Description" is, amended by adding theretNM the following - "The demised premises are outlined in red on the attached Exhibit B. " 3. Utilitice. Lessee shall pay for all of the cost of the utilities for the demised premises that are separately metered, Utilities that are not separately metered shall be added to Lessor's Operating Costs and Lessee shall pay for the utilities on a percentage basis, the percentage applicable to Lessee to be 20%. 4. PAgkjgg. Lessee shall have six (6) parking spaces in the rear of the building for exclusive use. These spaces are marked on the site map attached hereto as Exhibit C. (a) Structural members of the building in which the Premises are located includinT columns�, floor supports, roof supports, toad bearing walls, and similar structural cMYmponents; PO4w-add, wpflith Drxxmber 24, 1997 11:55am costs may be added to Lessor's Operating Costs, and of whicli Lessee will pay 20%. Sucli costs shall include, without litnitation, electricity or other source of power and the costs of maintaining the air conditioning and ventilation units and related wiring and ductwork. Paulette Rosai From: Roberts, Christine M - Phoenix, AZ -- Contractor <Christine.M Roberts@usps.gov> Sent: Friday, October 4, 2019 7:33 PM To: Paulette Rosa Cc: Weston, Shawn M -- Denver, CO Subject: Ithaca Downtown Station NY - Problem: 2998100 Attachments: Post Office Lease Extension 2019.pdf; PO Lease exerpt maintenance.pdf Hello Paulette, Ttiar* you for the ernall, I have included the leasing management speciahst Shawn Weston ran this en"milto clarity responsiblhfy of the lease arid to rnake Sure I didn't FTIilSIIAnclerstand anytl"flng. Shawn, can YOU please f011OW LIP in regard to the lease language� and if fts is landlord responsibility? Christine Roberts USPS Landlord Maintenance Program c/o EMCOR Customer Solutions Center/JLL 4050 E. Cotton Center Bl�vd, Suite 40 1 Phoenix, AZ 85iO4O Direct Line 602.293. 1 105i I Office: 602.685.47261 Fax- 8,66,,705.3094 Email, Christine.M.Robeft@ . . . .......... . . ...... g�n;v 1-tard work, 1-fustle. Grind, F?epeat! The content of thi's ernail is confidenfial and it afended for the rreciplent specified in rnessage onlY. It is, strictly forhidden tc) share any part of thh.; message with ,iny third parly, mthout a writton consent of the sender. Ify(,,)I,,l receiv(,,�d this message by mistake, pleasc, repy to this rnessage and follow with its delotion, so, that we enswe such a J`r,IjiCIfake sloe not or in the fodure. From: Pauilette Rosa (mailto:PRosa, @town. ithaca, ny.us] Sent: Friday, October 04, 2019 1::25 PM To: Roberts, Christine M - Phoenix, AZ - Contractor <Ch ristine, M, Roberts@ usps.gov> Subject: [EXTERNAL] Maintenance -Town of Ithaca Downtown Station Good Afternoon Ms. Roberts, li received both copies of your Maintenance Required letter today and noticed it stated that if the work isn't completed by 10/28 you had the right to get it done and bill the Town. Reference number seerns to be Problem 2998100. I have attached a copy of the pertinent sections of the contract with the Town and USPS which clearly states, as it has for the past 15 years, that all maintenance is the responsibility of the lessee, USPS. If you have any questions, please let me know. Regards, Paulette Rosa Town Clerk 607-273-1721 ext.110 Paulette Rosa To: Roberts, Christine M - Phoenix, AZ - Contractor, Subject: RE: Ithaca Downtown Station NY - Problem, 2998100 Attachments: Another maintenance request.pdf Just got this one.., another maintenance reqUest....different contact etc. I haven't heard from Mr./Ms. Weston.,,, Paulette From: Roberts, Christine M - Phoenix, AZ - Contractor <Christine. M.Roberts@usps.gov> Sent: Friday, October 4, 2019 733 PM To. Paulette Rosa <PRosa@townJthaca,iny.us> Cc: Weston, Shawn M - Denver, CO <Shawn.M.Weston@1usps.gov> Subject: Ithaca Downtown Station NY - Problem: 2998100 HeHo Paulette, Thank YOU for the en,iail. 11 have indUded the leasing rnanagernent specialist Shawn Weston oin tt-iis email to ctarffy responsiWity of the lease and to n'Mke Sure l didn't misunderstand anything. Shawn, can YOU please follow kip in regard to the lease langUage and if this is landlord responsibility? Christine Roberts USP,S Landlord Maintenance Program c/o EMCO,R Customer SOILItions Ceint�er/JLL 4050 E. Cotton Center Blvd. Suite 40 1 Phoenix, AZ 85040 Direct Line 602.293.1105 1 Office: 602,685,47261 Fax: 866.705.3094 Emad: Christine. M . �Roberts RLj�piAL)y I -lard wc,)rk Hustle, Grit"O, Rel.)eal! The conlent of this ernail is conhdenbal andintended for the recipient specifiedin fnessage only', It is strictly forbidden to share, any part of this message with Tiny third party, without a written consent of the seM.,k-f', ifyoU received this rnessage b,y mishake, please reply to this message and follow kvittp its deletion, so that we car? ter &jre st,ich a mistake does not or. in the future. From: Paulette Rosa (g2tilft P91caSa rturwnJth,aca..n us] Sent: Friday, October 04, 2019 1:25 PM To: Roberts, Christine M - Phoenix, AZ - Contractor.<Christine.M.Roberts@usps.eov> Subject: [EXTERNAL] Maintenance - Town of Ithaca Downtown Station Good Afternoon Ms. Roberts, I received both copies of your Maintenance Required letter today and noticed it stated that if the work isn't completed by 10/28 you had the right to get it done and bill the Town. Reference number seems to be Problem 2998100. I have attached a copy of the pertinent sections of the contract with the Town and LISPS which clearly states, as it has for the past 15 years, that all maintenance is the responsibility of the lessee, USPS. If you have any questions; please let me know. Regards, Paulette Rosa Town Clerk 607-273-1721 ext.110 2 Paulette Rosa From: Bill Goodman Sent: 'Tuesday, September 24, 2019 11:04 PM To: Lee Korornvokis Cc: Paulette Rosa Subject: RE '164 Westhaven Road sewer charges Dear Lee, unfortunately, the Town hais a policy of not giving, a break on sewer charges for irrigation water. We get many requests like this, not only frorn, homeowners, but also from town farmers when they have to use town water to irrigate, from not -for -profits, from schools, etc, The Town Board has discussed in, the past whether we should change our policy and so far has always decided to keep the current pollic�y in effect. We even charge ourselves a sewer fee when our Parks dept., irrigates the ballfield at the Town's Tutelo Park., in addition, we get charged our fees by the Ithaca Wastewater Treatment Facility based upon the amount of water that is sold to our customers by the Town, so we don't get a break in those charges for water that wars used in irrigation. Thus, if we gave an individual customer a break, then the rest of our customers would end up, paying the share of the sewer Plant operating expenses attributable to the usage by, the irrigating customer. Sorry we couldn't help you Out, Bill Goodman From: Lee Koromvokis Sent: Tuesday, September 17, 2019 136 PM To: Bill Goodman <BGoodryiain@town.ithaica.riy.us> Cc: Paulette Rosa < P Rosa@ town . ithacai,ny, us> Subject: 164 Westhaven Road sewer charges Dleair Bill and Paulette, 11 1 ITA"'Wr =111 Z3MMEMMMH8M= My hulsband and I bought our house ait 164 Westhavein Road last April and, spent a year rencivating it, For now it is a second home but we intend to move to Ithaca perr-nariently when we retire (soon). This spriing, we landscaped the front yard and our l�aindscaper advised regular wateri�ng to keep the plants alive. Because of famiily illnesses and work commitment�s, we were uinabl'e to spend more than a few scattered days in Ithaca over the summer, but uising soaker hoses and a timer controlled by a mobile phone app we, were abile to water -- a lot, I don't dispute the latest water charge. But I was shocked to see thesewer charge for $154.67. 1 did not Im knowl until 11 called Bolton Point, that sewer charge,s are, proportional to water charges. But iin our case, t water was not going into the sewer; it was gog into the ground. As you can see from our account history (account #B6160) we hiave had fairlly modest water (and therefore sewer) usage over thie past year and a half. Now thiat I have sieen the latest bill, I have disconnected the hoses and we will be revert i ng-m--norniaLusw-leve-ts- Meanwhile, might you be able to reduce thie sewer charges for the latest quiarter to somethii�ng more closely resembling our historical usage? Thank you for your consideration of this matter, Lee KoromvoIMF is T914.241.6220 I M 91U82J498 MMMI,M i�.- �Ttzpmm= RECEIVED TOWIN OF 1THA(',A PLANPONG I've lived at my home at 2iO9 Rolat Street, in the Town of Ithaca for 43, years with my wife, where we raised four children. The neighborhood consists of 29 homes, bordered by Warren and Hans,haw roads, and the Country Club of Ithaca Golf Club, Roat Street and i. 7ddress my concerns of the negative impact to, our neighborhood and in our healthy way of life, impacted from my neighbors using their homes as semi -rentals under the business k,town as AirSN8. ro UMSM imin no. . peopile that have stayed in these neighbor homes over the past several years. The rentals described range from entire 4 and 7bedroorn homes down to as small as a single bedroorn/bathroom unit within the house. im.12,1311 -.if MEN ol the narrow, roads and block normal, unobed traffic on our strieets!. There is no parking ew�oucKiM N.freely. One home was recently used as a wedding party gathering point where over eight cars were parked h 'aphazardly on the road since the home could not ac�commodatie their guest's vehicles in their driveway. mph speed, and not appreciative or concerned with the many small children, riding their N.. and walkers of all ages, They are also not considerate at being quiet late at night There have been loud noises from lawn parties after I I PM, setting off fireworks for enterta�in.ment, cars coming and going, etc, III M1 NMI 9.71 1 "Mr, M tryj ng to enj�oy a peaceru I they itve,, THey purpoisely (dual n t choose to live near a commercially zoned area. Quietness is what they want. Also, to, know their neighbors, feel safe in their homes, and not be surrounded by unknown strangers walking their streets in all hours of the day and night Several other neighbors have addressed these same concerns to, me, but are not willing to step forward for fear of upsetting "the apple cart". Thank you for your confederations as you address this new, and troubling issue for many people in the town. f2' A W, TOWN OF ITHACA III �v 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 www.town. ithaca. ny. us CORRESPONDENCE LISTING Please review the following correspondence and indicate, by placing your initials in the right-hand column adjacent to the correspondence that you wish to receive a copy. We can forward a, copy to you via e-n7ail or make a hard copy. Please indicate your preference next to your name at the bottom of this form. Correspondence — Item Please place your initials here if you wish to receive a copy Retention: Permanent 1. Undated material re: Gateway Trail found in former Supervisors files. Added to 2019 Correspondences. Retention: Six -Year 1 Retenfion: One -Year t,,t d 4. d-- rnrna_.l-ri a.P-�'oc�-� �� t-�- -k-YrPt, - 3uP6evJ SmYs C©rr�eS po,�G�l�rl �. -r 1-e, s • .,�4'� �c �fo ozo t• 9 Cb rre-sp on,�&n � . Carolyn Beeman 11 Buttermilk Falls W Ithaca, NY 14850 The Board Town of Ithaca 215 N Tioga St Ithaca, 14850 RE: Plans for the Gateway Trail - Concerns Ladies and Gentlemen of the Board; We recently learned that the long awaited Gateway Trail is entering a new phase. I was alerted to this fact by my neighbor. I did not receive a letter concerning these plans despite being immediately adjacent to the proposed construction, construction that extinguishes a Right of Way (ROW) granted to our property which occurred on the building of the D L and W Railroad berm that at the time crossed the property. The north property line is now defined by the berm. We have been concerned about privacy because the proposed trail lies about 15 feet superior to my back yard. We spoke to Bill Goodman, the Town Supervisor about those concerns and shortly after received copies of the plans for fencing and privacy screening. While we think those are less than adequate, my letter is about something I discovered when I was able to download those plans and take a look at the fine print. Now that we have reviewed those plans in detail, we find that an element of the proposal which physically threatens our property and which constitutes an illegal taking by the town of the Right of Way (ROW) that passes through the RR berm. This ROW built in 1906 was granted at the time to permit the property owner access to the fields the RR ROW crossed when it was built. We have discovered thru the School of Hard Knocks, that this is not the only function of the ROW. It ALSO serves as an emergency flood valve, protecting the properties that are in the flood plain of the Inlet by preventing flood waters from backing up and submerging the properties in front of the berm. We live at the junction of Buttermilk Falls Creek and the Inlet. Joining the Cayuga Inlet slightly up hill (south) from this point are: • Lick Brook, • West Brook, • Fish Kill and • Enfield Creeks. When there are severe weather events in Danby, Newfield or Enfield, the water drains into Cayuga Inlet by these waterways which joint Cayuga Inlet just above Buttermilk Falls Creek. Do these events occur with any frequency? Yes, indeed they do. I believe they have affected every owner of the property since it was built, although there is no formal record of such events. We purchased 112 Buttermilk Falls Road in 2013. During our due diligence, it was not apparent that the property was in a flood plain. The National Flood Maps contain no indication that flooding affects the property. The mortgage holder required no Flood Insurance. However, on the night of June 15, 2015, my husband who had been recovering from a severe illness, and I were watching a video. The weather was cloudy and damp, but there was no rain. We heard a pounding on our back door. It was the fireman that lives next door. "You are surrounded by water!" he exclaimed. Indeed, about 18 inches of water was rapidly flowing through the property, so fast that stepping into it I was nearly knocked down. We ventured into the basement and saw that the west wall of the basement looked like Buttermilk Falls, because the hydrologic pressure of the flood waters was pushing thru the solid stone foundation wall. The sump pump was overwhelmed. The water was 30 inches deep and hovering 6 inches from the bottom of the electrical panel. We shut off the power to prevent a fire from shorts. The cause of the flood we found out the next day, was a severe thunderstorm over Danby and Newfield where roads and driveways had washed out closing roads and causing a lot of damage. Our losses: 2 thriving bee hives, total loss of bees and equipment, 3 vehicles, (1 of them 2 months old), numerous pairs of expensive leather shoes and purses from mold which developed in the ensuing months. Kitchen cabinets had to be cleaned with bleach numerous times, mold on wood bookshelves and books thru the first floor is still a problem. The monetary loss amounted to about $40,000 for the vehicles and $300 for the bees and equipment. Fortunately some of these losses were insured. But the time invested in replacing these and cleaning moldy surfaces repeatedly was not. It is not within your power to stop the flood events that have affected our property for the 150 years the house has been on the property. The hydrology is set by the drainage that can go nowhere but thru the creeks and into the Inlet. The construction of the berm obviously exacerbated these by blocking the drainage to the fields that have now been turned into asphalt parking lots and big box stores. However, it is within your power to leave the ROW underpass alone, or to shore it up if it has structural issues that are not apparent on a visual inspection. Blocking this underpass will have much larger damaging effects on our property in the next floods and potentially cause flooding of the neighboring property owned by John and Cathy Powers since the next lowest spot where the water will seek outlet is Route 13 under the Bridge to Nowhere. I am not a hydrologist or environmental engineer, but it is possible that closing the underpass may cause the blocked flood waters to flow down Route 13 at the bridge over the creek flowing from Treman State Park. It is also likely that overtime it will erode the railroad berm as the water seeks outlet to the Inlet threatening the Gateway Trail necessitating expensive shoring up to maintain the bed. It has also come to our attention that the fill material to be used to close the ROW will be scraped from the top of the berm, reducing its height. As we understand it the bed of the berm was cinder, a typical fill material in the early part of the century. Cinder, of course, is a waste material of the coal that was burned in the RR engines of the time. Cinder is frequently a toxic material with such heavy metal contaminants as lead, arsenic, mercury to name just a few. The bed as it exists now has had year over a 100 years to settle, the surface is likely no longer toxic. However, scrapping the top layer off will likely expose toxic levels. We believe it is the Towns responsibility to test the materials exposed at the surface of the berm and the proposed fill if it is used in any way in the construction and dispose of them in such a way that they do not threaten the surface soils on the resident's properties or the ground water of the wells from which the residents obtain their driving water. In Summary We are asking that the filling in of the ROW that passes through the berm be struck from the Gateway Trail Plan as it constitutes an illegal taking of a Right of Way granted to the Property at 112 Buttermilk Falls Road W at the time of the building of the D L and W Railroad line and insure that the underpass continues for function as it has since it was first build in at the turn of the century. Sincerely yours, Carolyn Beeman Donald Jones cc: John D Powers Tompkins County Clerk Recording Page Return To Aurora R. Valenti, County Clerk ENV Tompkins County Clerk 320 North Tioga Street Ithaca, NY 14850 (607) 274-5431 Document Type: DEED Grantor (Party 1) KADAR, JOHN A Fees Recording Fee Pages Fee State Surcharge TP-584 Form Fee RP-5217 Form Fee State Transfer Tax County Transfer Tax Totai Fees Paid: C 021141201304 42:51 PM $20,00 $25.00 $20.00 $5.00 $125M $1,300M $650.00 145.00 State of New York County of Tompkms Receipt Number: 13-17805 Grantee (Party 2) BEEMAN, CAROLYN 3 Transfer Amit: $325,000.00 Instrtjment #� 2013-02184 .-.T.r..ansfer Tax #: 1001046 Property located in Town of Ithaca Recorded on February 14th, 2013 at 4:42:50 PM with a total page count of 5. Pumpkins Count), Cl,erk 2013-02184 02/14/2013 04:42:50 PM HOLI.MBERG. GALBRArtH. VAN MOUTEN 6 MILLER ATTORNEYS ANO COUNSELORS At LAW 2OD EAST BUFFALO ST. ''.,.. SURE S02 ''... 1 A. NEW YORR 1bl1 WARRANTY DEED WITH LIEN COVENANT THIS INDENTURE, made the 8 h day of February, 2013. Between JOHN A. KADAR and EVA KADAR, 112 W. Buttermilk Falls Road, Ithaca, New York 14850, parties of the first part, and CAROLYN J. BEEMAN and DONALD R. JONES, 1524 Pinecrest Drive, Ferndale, MI 48220, husband and wife as tenants by the entirety, parties of the second part WITNESSETH, that the parties of the first part, in consideration of One Dollar ($1.00) lawful money of the United States, and other good and valuable consideration, paid by the party of the second part, do hereby grant and release unto the parties of the second part, the survivor, his/her heirs, distributees and assigns forever, ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ithaca, County of Tompkins and State of New York, on Military Lot 82, more particularly bounded and described as follows: BEGINNING in the center line of Buttermilk Falls Road West 230 feet more or less northwesterly along said center line from its intersection with the center line of NYS Route 13, being at the southwest corner of premises conveyed to Powers (792/11); thence North 52' 18' 03" West along the center line of Buttermilk Falls Road West a total distance of 349.31 feet to an old nail found; thence North 390 15' 3311 East a distance of 278.84 feet to an iron pin; thence on a curve to the left having a radius of 1,315.74 feet and a chord course of South 42° 23' 05" East along an old railroad fence marking the westerly line of a railroad right of way as it curves 339.00 feet, a total chord distance of 338.06 feet to a point marked by a pipe; thence South 35° 26' 14" West passing a pipe at about 193.89 feet, a total distance of 220.69 feet to a point in the center line of Buttermilk Falls Road West, and which point is the point or place of beginning, containing 1.691 acres net to road right-of-way. SUBJECT TO the following insofar as they now affect the above -described premises: 1. Existing rights of the public in, over and across that portion of the above - described premises lying within the bounds of the public highway. 2. A right of way for pole lines and appurtenances granted to New York State Electric & Gas Corporation by instrument dated September 30, 1924, and recorded in the Tompkins County Clerk's Office in Book 6 of Miscellaneous Records at Page 11. 3. A right of way for a gas pipe line in and along Buttermilk Falls Road West, including service lines to the dwelling presently located on the above -described premises, which right of way was recorded in the Tompkins County Clerk's Office in Liber 404 of Deeds at Page 7. 2013-02184 02114/2013 04:42:50 PM HOLMBERG. GALBRAITH, VAN HOVTEN B MILLER ATTOMMEYS AMO GOUMSELORS AT LAW 200 EAST SUFFAIA ST. SUITE 502 �TMACA. NSW r -5,4s- 4. A right of way for overhead telephone and electric service along Buttermilk Falls Road West and serving the property known as No. 112 Buttermilk Falls Road West as shown on the survey referred to above. 5. A right of way, to the extent the same still is valid, for the benefit of A. James Hall and Emilie T. Hall; to last only so long as they or their immediate family own the parcels conveyed to A. James Hall and Emilie T. Hall, by deed of Phyllis McMillan dated May 31, 1949, recorded in Book 321 of Deeds at Page 162, lying north of the railroad property immediately north of the premises being conveyed by this deed, all as more particularly reserved in a deed from A. James Hall and Emilie T. Hall to J. Richard Gallagher and Ruth M. Gallagher dated August 0, 1969, recorded in the Tompkins County Clerk's Office in Book 483 of Deeds at Page 292. The recital of this right of way is in no way intended to revive same if it has expired by its terms as set forth in said deed from hall to Gallagher. 6. A right of way over Buttermilk Falls Road West and the abandoned portion of same for the benefit of lands now or formerly of Reuning as reserved in the deed from Sanford H. Reuning and Joan G. Reuning to Roger H. Perry and L. Anthony Speno dated July 10, 1981, recorded in the Tompkins County Clerk's Office in Book 584 of Deeds at Page 241. TOGETHER WITH any right, title and interest in the strip of land between the westerly line of the railroad right of way which is the easterly line of the within described premises, and the center line of said railroad right of way (which center line is the purported boundary line between the Town and the City of Ithaca). Said premises are described in a survey map entitled "SURVEY MAP NO. 112 BUTTERMILK FALLS ROAD — WEST, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK," prepared by T.G. Miller, P.C., Engineers & Surveyors dated September 5, 2007, a copy of which map is attached hereto and made a part hereof. BEING the same premises conveyed to the grantors herein by deed of Roger H. Perry, L. Anthony Speno and Mary Anne Kiernan by Warranty Deed dated November 23, 1992 and recorded in the Tompkins County Clerk's Office on that date in Liber 689 of Deeds, Page 203. TOGETHER with the appurtenances and all the estate and rights of the parties of the first part in and to said premises, TO HAVE AND TO HOLD the premises granted unto the parties of the second part, the survivor, his/her heirs, distributees and assigns forever. AND said parties of the first part covenant as follows: FIRST, That the parties of the second part shall quietly enjoy the said premises; 2013-02184 02/14/2013 04:42:50 PM t i HOLMBERG, GALBRArtH. VAN HOUTEN 6 MtLLER ATTORNEYS AND COUNSELORS AT LAW ZW EAST BUFFALO ST SUITE 502 iTNAC0. NEW YORR'4 S-SSS SECOND, That said parties of the first part will forever WARRANT the title to said premises. THIRD, That, in Compliance with Sec. 13 of the Lien Law, the grantor(s) will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. IN WITNESS WHEREOF, the parties of the first part have hereunto set their hands and seals the day and year above written. IN PRESENCE OF JOHN A. R 1 EVA KADAR STATE OF NEW YORK COUNTY OF TOMPKINS: SS.: On the 8 h day of February, in the year 2013, before me, the undersigned, personally appeared JOHN A. KADAR and EVA KADAR, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signatures on the instrument, the individuals or the person upon behalf of which the individuals acted, executed the ins ment. Notary Public Town of Ithaca Tax Parcel No. 31: 2-9.1 rr• .. 'rt ai Ptr•York 2013-02184 02114/2013 04:42,50 PM " Il ENTITLED 'NO, 112 EtVMRMILK FAIJL'S R&W - WEST" AI. DATED 6/r"�2��6�/1981 REV. 7 I981 BY CLRENCE BRASnEAR, 1.5. 2.) ENTITLED 'SURVEY F6kR N' D. POWERS' DATED JIB( EXrS we PRcN Pori JULY 1990 BY GEORGE SCKECHT; L.S. • SET IRON PIN Zt CALCULATED POINT ' UTILITY POLE' �I-- — REkWNS FENCE h HEDGE '.�.. „�. CONCRETE UNDERPASS &or 56 oia JOHN A. EWA KADAR x o a3c PIN fWD, ELK. 659 PAGE 203 IN CONC, - R ��' TAX MAP PARCEL NO, 31-2�9.1 AREA = 1.691 ACRES NET TO RD. R1W. —P I GR.AV. — -- r " m- -) ,,, DECK 2 *� �� LA"D rI GRAVEL PARKING FNDUSEI nND 11 a t a L R.fW' r P CONC, P+;R. WALK \ GATE "TV. �'- APPROX, LOCATION SEWER LATERAL x OLD NAIL ) FOUND ` PRE'$.. _ U.H.. `--,-. .. - RI)V BUrr FIE AJ&kS Ij HIGHWAY AND UTILITY R.O.WS' air 1:r NOTES" PROPERTY LINEESTASLISHED IN ACCORDANCE 1NE ErC, SHOWN ON MAP REFERENCE 1, NOTE VJO MAP DOES UND 1 RilAuN3 NAl1 S'T"I. MATHEMATICALLY CLOSE, OF SPRUCE E L)CNAIL E SHOWN JOHN KADAR & EVA KADAR AS FAST nTL£ LINE ONN SAO MAP. MONROE TITLE INSURANCE CORPORATION CERTIFICATION HARRIS BEACH, PLLC I hereby certify to TOMPKINS TRUST COMPANY, its successors and/or assigns, that I am a licensed land surveyor, New York State License No. 050096, and that this mop correctly delineates can actual survey or' the ground made by me or under my direct supervisim and that I Pound no VlsVc encroachments either way across property Imes except as shown hereon. SiGNkO: �✓i r x DATED: ✓ T. G. OLLER P.C. ENGINEERS AND SURVEYORS 3 NORTH AURORA STREET ML4CA. NEW YORK 14650 ML (607) 2-n-64TT TITLE: UU10041EV, NO. 112 BUTTERMILK FAU S ROAD — WEST TOWN OF ITHACA, TOM4PKINS CCOUN Y, NEW YORK 9/05/2007 scAw : SOiSA9 1 "= 60, �, covet 0aw 0r Hm"o TO SE wr war CTAN Has eMKMCAI[ In W eA=704 H 1 AK wus fee Im U#P rA0 cents crr smwwpr ravena�r asr r V40qua wr r "f11e wOwsA' m A, NO FORM 580.< N. Y. 0990—•ANNAM M0 UM C. ,A TUMANN "W4.4"D V. ft' .KV in Ibbys"rp..pumah . A 14ma r Qt* fttbjtnjjtr � (333.�5 DER 483 WE 292 rllade the 20th day of August Nineteen Hundre4 and Sixty -Nine MOM A. JAMES HALL and EMMIE T. HALL, husband and wife, both of 112 Buttermilk Falls Road, Town of Ithaca, Tompkins County, New York, Individually and ae Tenants by the Entirety, ;j part Les of the flrat part, and J. RICHARD GALLAGHER and RUTH M. GALLAGHER, husband and wife both of 122 Randolph Road , Cayuga Heights, Tompkins County New York, as tenants by the entirety, part Les of the second part, 'UI tirrr494 that the parties of the/lrst part, in consideration of ---- --- - - - - -- ONE - - - - - - -- - -- Dollar (d--- 1.00---) lawful money of the United States, and other good and sufficient consideration paid by the parties. of the second part, do hereby @rant and release unto the parties of the second parl.the survivor, his,her -or their distributees, heirs and assigns forever, all THAT TRACT OR PARCEL OF LAND- situate in the Town of Ithaca, County of Tompkins and State of Now York, on Military Lot 82 and bounded and described as follows: BEGINNING in the center line of Buttermilk Falls Road west 110 feet northwesterly along said center line from its intersection with the east line of Military Lot 82, being at the southwest corner of a parcel conveyed to David Powers, Jr. by Mary E. Bum, Ex. U/W Hugh T. Burtt by deed dated June 10, 1938 and recoled July 18, 1941 in Liber 261 of Deeds at page 102 and by Phyllis McMW" May 31, 1949 and recorded June 1, 1949 in Liber 3Zl of Deeds at pago 186; running thence northwesterly along the center line of said highway about 8 chains and thence curving to the west along the said center line about 1 chain to the center line of the former iron bridge over Cayuga Inlet (now removed) just below (northerly) from the confluence of Cayuga Inlet and Buttermilk Creek; thence northerly along the center line of Cayuga Inlet as it winds and turns about 13 chains and thence northeasterly along said center line about 11 chains to the west line of the. Lehigh Valley ad right of way (earlier of the Delaware Lackawana and Western Railroad andl�rof the Cayuga and Susquehanna RailrodcQ, running thence on a curve to the left southerly and southeasterly along the westerly line of said railroad right of way, about 25 chains to an iron pipe at its intersection with the east line of Military Lot 62 at the northernmost corner of said Powers parcel; running thence southwesterly along tite re rtlw estlyline of said David S. Powers, Jr. property, at 193.5 feet crossing i pipe in p%ortherly line of said Buttermilk Falls Road - West a total distance of 218.5 feet to the point or place of beginning. The northwest line of said David S. Powers. Jr. property is shown on the "MAP OF POWERS PRO- PERTY NEAR BUTTERMILK FALLS STATE PARK IN TOWN OF ITHACA, N.Y. - by Carl Crandall, C.E. , dated March 19, 1954 and attached to the Powers deed recorded November 2, 1955 in Liber 383 of Deeds at pa a 5dd It is the intention hereof to described all that/premises conveyed to A. James Hall and Emilie T. Hall, the grantors herein, by Phyllis McMillan by two warranty deeds: (1) dated May 31, 1949 and recorded June 1, 1949 in Liber 321 of Deeds at page 159, and (2) dated May 31, 1949 and recorded June 1, 1949 In Liber 321 of Deeds at page 162, as lies westerly and southwesterly from the said railroad right of way. TOGETHER with any right, title and interest of the grantors herein by way of reversio or otherwise, in the strip of land between said westerly and southwesterly line of the railroad right of way and the center Tina thereof (which is the southerly line of the City of Ithaca) . The dw elling on the above described premises is known as No. 112 Buttermilk Falls Road - West./containing Be 2 acres of land, be the same more or less. Said parcel in e RESERVING to the grantors herein and their successors in interest of the remaining portion of the lands so conveyed to them by Phyllis McMillan on Military Lot 82 in the then Town of Ithaca, a right of way for utilities, vehicles and pedestrians, over and along the existing driveway running from said Buttermilk Falls Road - west about 4 chains westerly from the east line of Military Lot 82, in a northeasterly direction to and through an underpass under said railroad track located about 2 chains westerly along the center line of said railroad from its intersection to the east line $$ff a�' t su h h of to be solely f? conservation and a4ric It a1 pur ho ong�d'r o8¢�e� grantors or Their survivor or their irtmeciiae fainiiy SUBJECT TO FFFIII��E LL WWWINNNGPinsofffar as they now affect the above described promises: 1) Existing and public rights within said highway; 2) A right of way for electric lines, etc„ along said road. 3) A right of.way for a gas pipe line, etc, in and along said Buttermilk Falls Road - VOst and service line to the dwelling e� tie', yen escribed premises, granted to New York State Electric & Gas Corpora cin_ ep ember 14, 1957 and recorded February 7, 1958 in Libor 404 of Deeds at page 7. IBIR 483 rat 293 I V*grt* with the appurtenances and all the estate and rights of the part tea of thefirst part in and to said premises, iafa 4m sob to 4olb the,p remises herain Qrantod unto the part tea of the second part, the survivor, his,her or their distributees, heirs qnd assigns forever, ?4' said parties of the first part covenant as follows . iraiYThat the portico , of the second part shall gviatly ark joy the said prwemises,r ' Ei6riollb, That said parties of the first part will forever 11srrrnt the title to said premises. ifh�irb. That, in Compliance with Sec. IJ of the Liars Law, the grantors, utu tace ve the oonsfderation for this conveyance and will hold the right to roceioe such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cast of the improvement before using any part of the total of the same foranyother purpose. It 'arras 94trtof, the parties o e "part have hands and seats the day and year first aboi 'Iti restate of REAL ESTATEVATE OF * ",. TRANSIfR TAX NEW YORK * t lrxttlom A'32241 6 6. 0 a ►t t fma to r}, ink A. hereunto rot their �t b df Nt o Vorkt OWN On this 2fith day of August �g of otnpktna Nineteen idundrod and, Xixty-Nins before ma, the subscriber, personally appeared s„ A,, James Hail and Emilie T. Hall, • r" to ens pe'rronally known and awn tome to be the same person a described in and who `oxocuW the within Instrument, and t hey ae"rallY & dt+, l6knowledged .`; to me that t hay exacuted the same'.LAM aa i • 690 ; anw is Fa �1 story Puiilia too r c ,o �? k r `� � ' Jt, Mrxr aspyr �cP 3Muw an4�l rraorlds8 +^MU NFwsr Y nM Y WY�p. e1 M