HomeMy WebLinkAboutTB Minutes 2018-09-10 Meeting of the Ithaca Town Board
Monday, September 10, 2018 at 5:30 p.m.
Agenda
1. Call to order and Pledge of Allegiance
2. Persons to be Heard and Board Comments
3. 5:30 p.m. Public Hearings:
a. 2018 Assessment Rolls for Special Benefit Districts and Special Benefit Areas
Consider Adoption
b. Southern Cayuga Lake Intermunicipal Water Commission (Bolton Point)
Preliminary Budget
Consider adoption
4. Discuss and consider approval of easement(s) and stormwater maintenance agreement
associated with the Sleep Inn and authorize the Supervisor to sign same
5. Discuss and consider a refund of water charges to Cornell Unitversity
6. Discuss and consider approval of budget transfers for pump station maintenance
7. Presentation of Highway Superintendent's Equipment and Machinery Report
8. Discuss and consider approval of revised Records Access Procedure
9. Discuss and consider approval of revised Room Use Policy and associated form
10. Consider Consent Agenda Items
a) Approval of Town Board Minutes
b) Approval of Town of Ithaca Abstract
c) Approval of Bolton Point Abstract
d) Ratify appointment of Assistant Production Manager—BP
e) Acknowledge SCLIWC
11. Report of Town Officials and Committees
Discuss upcoming meeting schedules/calendar
12. Review of Correspondence
13. Adjournment
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
1, Paulette Rosa, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins
County, New York that the following notice has been duly posted on the sign board of the Town Clerk of
the Town of Ithaca and the notice has been duly published in the official newspaper,Ithaca Journal:
0 ADVERTISEMENT/NOTICE
0 NOTICE OF PUBLIC HEARINGS
0 NOTICE OF ESTOPPEL
0 NOTICE OF ADOPTION OF PUBLIC INTEREST
ORDER
Public Hearing regarding the proposed 2019
Assessment Rolls for Special Benefit Districts and U
Areas and
Southern Cayuga Lake Intermunicipal Water
Commission 2019 Preliminary Budget
Location of Sign Board Used for Posting:
Town Clerk's Office
215 North Tioga Street
Ithaca, NY 14850
Town website at www.town.ithaca.nV.us
Date of P 'ng: 8/31/2018
Date o lication: 9/4/2018
Paulette Rosa
Town Clerk
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
TOWN OF ITHACA)
Swornr,d and subscribly before me this day of
2018.
Debra DeAugistine
Notary Ptiblic-State of New York
No.01 DE-.614-8035
...... Qualified in Tompkins County
k�!�6�ublic My Commission Expires June 19,20
The Ithaca Journal
Classified Ad Receipt
(For Info Only-NOT A BILL)
Customer: TOWN OF ITHACA Ad No.: 0003133274
Address: 215 N TIOGA ST Pymt Method Invoice
ITHACA NY 14850 Net Amt: $11.34
USA
Run Times: 1 No.of Affidavits: 0
Run Dates: 09/04/18
Text of Ad:
The Ithaca Town Board will hold a public hearing at their meeting on the 10th
day of September, 2018 beginning at 5:30 p.m.at the Town Hall,215 North
Tioga Street,Ithaca,New York at which time anyone interested may be heard
regarding the following topics:
1. 2019 Assessment Rolls for Special Benefit Districts and Special Benefit Areas
2. Southern Cayuga Lake Intermunicipal Water Commission 2019 Preliminary
Budget
Information is available at www.town.ithaca.ny.us under Agendas
Paulette Rosa
Town Clerk
914/18
----— 0—133274-01
3600 Highway 66, Neptune, NJ 07753
Meeting of the Ithaca Town Board
Monday, September 10, 2018 at 5:30 p.m.
Minutes
Board Members Present: Bill Goodman, Supervisor; Pamela Bleiwas, Deputy Town
Supervisor; Pat Leary,(via Facetime), Eric Levine, Rich DePaolo, and Rod Howe
Tee-Ann Hunter, absent
Staff Present: Bruce Bates, Director of Code Enforcement; Mike Solvig, Director of Finance,
Judy Drake, Director of Human Resources; Paulette Rosa, Town Clerk; Jim Weber, Highway
Superintendent and Susan Brock, Attorney for the Town
1. Call to order —Mr. Goodman opened the meeting at 5:37 p.m.
2. Persons to be Heard and Board Comments
Mr. Starostin, Ms. Tanya and Ms. Chun from 545-549 Warren Road(Attachment 1)
Mr. Starostin began by saying that they are here about issues that started after the construction of
the walkway around their properties that lead to neverending water issues when it rains. They
hav contacted the town and their concerns have not been addressed so they have come to the
Board to ask for assistance in resolving the situation.
He said they understand that it is not a simple thing but on June's property a lake forms and
Tanya's front yard and driveway are crumbling and on his property, the water sits on the corner
and breeds mosquitos and makes it impossible to mow.
Mr. Starostin said their concerns were transferred to an insurance company who asked what the
claim was and what money we were seeking but we are not seeking money, we want the Town to
fix it. The insurance company said if there is no monetary claim there is nothing for them to do.
He said this has been going on since 2015 and the water issues are still there.
Ms. Tanya said this has been going on before the walkway was built with water drainage issues
and she has been complaining about it since 2011 and it reduces the value of her property and
she said they have decided to take the money and have someone fix it if the Town is not going
to. We have given up on the Town after seven years of asking for help.
Ms. Chun stated that she moved in 2011 and she didn't know how the project got started, but
before the project she had no issues in her basement until then and she believes the Town should
help.
Ms. Tanya added that she did not have water problems until the sidewalk was installed.
TB 2018-09-10 Pg. 1
Mr. Goodman asked about the insurance claim and Ms. Drake will check on that; Mr. Weber
stated that it has been discussed at the Public Works Committee and Mr. Goodman suggested we
find out the status with the claim and then send it to PWC.
Mr. DePaolo asked about the background on this and Mr. Goodman responded that a ditch was
replaced during the Safe Routes to School sidewalk project.
3. 5:30 p.m. Public Hearings:
a. 2018 Assessment Rolls for Special Benefit Districts and Special Benefit Areas
Mr. Goodman opened the public hearing at5:48 p.m.; there was no one wishing to address the
Board and the hearing was closed.
Mr. Goodman asked about the last item called a"move tax" and Mr. Solvig explained it is
money the County collects when there are exemptions on a property that is sold mid-year.
TB Resolution 2018 - 117: Adoption of the 2018 Assessment Rolls for Special Benefit
Districts and Special Benefit Areas for Tax Year 2019
Whereas, the Town Board of the Town of Ithaca held a properly advertised public
hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York, on the 10th day of
September 2018, to consider the 2018 Assessment Rolls for Special Benefit Districts and Special
Benefit Areas for the Town of Ithaca for Tax Year 2019; now, therefore, be it
Resolved, the governing Town Board of the Town of Ithaca hereby approves and adopts
the 2018 Assessment Rolls for the Special Benefit Districts and Special Benefit Areas of the
Town of Ithaca for Tax Year 2019 as follows:
Fire Protection District: Assessed Value- $1,187,428,119.
Forest Home Light District: Assessed Value- $41,457,100.
Glenside Light District: Assessed Value- $4,665,100.
Renwick Heights Light District: Assessed Value - $14,489,600.
Eastwood Commons Light District: Assessed Value - $17,760,900.
Clover Lane Light District: Assessed Value- $2,825,000.
Winners Circle Light District: Assessed Value - $2,725,000.
Burleigh Drive Light District: Based upon 3,971.1 lineal feet.
TB 2018-09-10 Pg. 2
Westhaven Road Light District: Based upon Road Frontage of 6,592.0 lineal feet.
Coddington Road Light District: Based upon Road Frontage of 6,526.3 lineal feet.
Water Improvement Benefit Area: Units Available & Connected- 8,293.81.
Ad Valorem Water Improvement Benefit Area: Assessed Value - $437,810,816.
Sewer Improvement Benefit Area: Units Available & Connected- 7,956.55.
Ad Valorem Sewer Improvement Benefit Area: Assessed Value- $496,153,676.
Town 520 Omitted Move Tax: Actual Amount- $3,179.35.
Moved: Rod Howe Seconded: Pamela Bleiwas
Vote: Ayes —Howe, Bleiwas, Goodman, Leary, Levine and DePaolo
b. Southern Cayuga Lake Intermunicipal Water Commission (Bolton Point) Preliminary
Budget
Mr. Goodman opened the public hearing at 5:50 p.m.; there was no one wishing to address the
Board and the hearing was closed.
Mr. Goodman notes that increase is associated with the additional staff person being hired.
Mr. DePaolo asked about the large increase between 2016 and 2017 referenced in the audit for
revenues and Mr. Goodman thought it was when the City was buying water while they worked
on their plant and it was a dry year.
TB Resolution 2018 - 118: Adoption of the 2019 SCLIWC (Bolton Point) Budget
Whereas the Town Board has properly advertised and held a public hearing regarding
the preliminary 2019 Budget, now therefore be it
Resolved that the Town Board hereby adopts the preliminary budget as the Final Budget
for 2019 for SCLIWC aka Bolton Point.
Moved: Rich DePaolo Seconded: Eric Levine
Vote: Ayes —DePaolo, Levine, Leary, Bleiwas, Goodman and Howe
4. Discuss and consider approval of easement(s) and stormwater maintenance agreement
associated with the Sleep Inn and authorize the Supervisor to sign same
Mr. Goodman noted that this is standard language and has been reviewed by staff and counsel.
TB 2018-09-10 Pg. 3
TB Resolution 2018 - 119: Approval of and Authorization for the Supervisor to sign
Stormwater Maintenance Agreement and associated easements
Whereas the Town Board enters into stormwater maintenance and management
agreements with associated easements as determined and recommended by the Town Engineer
and/or Planning, now therefore be it
Resolved that the Town Board approves the submitted stormwater maintenance
agreement ad easements associated with the Sleep Inn and authorizes the Supervisor to sign
same.
Moved: Pamela Bleiwas Seconded: Rod Howe
Vote: Ayes —Bleiwas, Howe, Leary, Levine, DePaolo, and Goodman
5. Discuss and consider a refund of water charges to Cornell Unitversity
Mr. Solvig explained that this is an issue from a meter Cornell changed and didn't set the
parameters correctly and they had a huge credit that would take years to pay down so they
requested a refund.
TB Resolution 2018 — 120: Refund of Water Charges to Cornell University, Utility Billing
Account No. A5814.
Whereas, prior to the November 15, 2017 water usage reading for utility billing account
no. A5814 for customer Cornell University, employees of the university replaced the water meter
for this account where the new meter incorrectly read water usage in gallons instead of cubic feet
as the account had been set-up for; and
Whereas, the water usage reading taken from this water meter on November 15, 2017,
recorded by the water meter in gallons, was incorrectly used as cubic feet in the calculation of
the December 1, 2017 water bill, which produced a water bill in the amount of $44,119.10, an
overbilling of$41,826.60; and
Whereas, prior to the Bolton Point staff adjusting the amount due for this account, the
customer made a payment to the Town of Ithaca on December 11, 2017 in the full amount due of
$44,119.10, resulting in a credit balance on the account of $41,826.60 after adjustment of the
account on February 21, 2018, and
Whereas, after deducting the March 1, 2018 billing in the amount of$1,279.30, June 1,
2018 billing in the amount of $1,279.30 and September 1, 2018 billing in the amount of
$1,279.30, there remains a credit balance in the amount of$37,988.70; and
Whereas, customer Cornell University has requested a refund of this $37,988.70 credit
balance, now, therefore, be it
TB 2018-09-10 Pg. 4
Resolved, the Town Board of the Town of Ithaca hereby authorizes a refund of
$37,988.70 for water charges to be paid to Cornell University, Attn: Utilities Finance, 107
Humphreys Service Building, Ithaca, NY 14850.
Moved: Rod Howe Seconded: Rich DePaolo
Vote: Ayes —Howe, DePaolo, Goodman, Levine and Leary Abstention—Bleiwas
6. Discuss and consider approval of budget transfers for pump station maintenance
TB Resolution 2018 - 121: BUDGET AMENDMENT — Increasing the 2018 Ithaca Town
Budget for the Purchase/Repairs of Sewer Pumps, Water Pump Motors and Consultant
Fees
Whereas the Town of Ithaca has experienced an unusual number of water and sewer
pump station failures and the extension of the South/West Hill water study in 2018 requiring
additional funds; and
Whereas the Water and Sewer Department needs to purchase/repair pumps and motors to
maintain water supply and transportation of sewage to meet the expectations of our customers
and to avoid any loss of service and potential violations, and
Whereas the South/West Hill Water Study was not completed until 2018 and therefore
not considered in the 2018 Budget consulting fees for the completion of the study exceeded the
approved budget, and
Whereas the Public Works Committee has reviewed and recommended the appropriation
of additional funds in the 2018 Ithaca Town Budget to address the purchase/repair of pumps and
additional costs for the water study, and
Whereas the Public Works Department has received quotes from KJ Electric and Xylem
Inc., now therefore be it,
Resolved the Town Board hereby amends the 2018 Ithaca Town Budget and authorizes
and directs the Town Finance Officer to appropriate an additional $22,500.00 from the
unreserved fund balance of the Water Fund and an additional $21,000.00 from the unreserved
fund balance of the Sewer Fund to meet these expenditures, as follows:
• Water Fund—Expenditures
- Account F8340.403: Consulting Services is increased from $20,000 to $33,500.
- Account F8340.476: Pump Station Maintenance is increased from $20,000 to
$29,000.
• Sewer Fund—Expenditures
- Account G8120.470: Repairs & Maintenance is increased from $60,000 to $81,000.
TB 2018-09-10 Pg. 5
Moved: Rod Howe Seconded: Pamela Bleiwas
Vote: Ayes —Howe, Bleiwas, Leary, DePaolo, Levine and Goodman
7. Presentation of Highway Superintendent's Equipment and Machinery Report
Mr. Goodman noted that this is a NYS requirement and is discussed as part of the budget for
next year. Standard procedure each year and is discussed at the Public Works Committee and
then through the Budget Committee.
Mr. Weber responded that the three additional vehicle purchases are for the additional Crew and
falls within the guidelines and budget discussed in the past.
Mr. DePaolo asked about the amount received from the trade-in or sale of the "retired"vehicles
for a net cost and he just wanted a rough estimate. Mr. Solvig said he can work on that.
8. Discuss and consider approval of revised Records Access Procedure
Mr. Goodman noted that there is a revised resolution and document on the desks with changes
from Ms. Brock which cleaned up the first draft. The only substantive change was adding a
statement designating the Town Clerk as Records Access Officer and using that term throughout
to be consistent.
Mr. Goodman pointed out that Ms. Rosa also included a draft Rules for Public Access to
Records.
Ms. Rosa explained that this is the model provided by the Committee on Open Government and
she simply filled in the Town of Ithaca where appropriate. She added that in her mind, this
simply states in a clear manner that the Town follows the NYS Freedom of Information Law and
who does what role. She did put the Records Management Advisory Board as the body for any
appeal to go to with the alternative being the Town Board; any appeal also goes automatically to
the Committee on Open Government.
Mr. DePaolo asked about the guidance stating that staff cannot ask for a requestors' name and
how is that request fulfilled then.
Ms. Rosa responded that it is part of FOIL and we just need to find out from the person how they
would like the material given to them; a person could literally walk in and say they are Bozo the
Clown and we cannot ask any different.
Mr. DePaolo then asked about the directive that we cannot ask what the use is but yet elsewhere
we want to know if they are being requested for purposes of solicitation.
Ms. Rosa responded that if someone states they want the records for solicitation, that essentially
opens the door for us to have them sign an affidavit that they will not use them for solitciation
purposes. Only if they reveal their intentions can we ask further. She added that there are many
TB 2018-09-10 Pg. 6
similar circular instances like that but the intent is good and even with the restrictions and odd
requirements here and there, in her mind it goes further to getting information out there in the
cases of municipalities that would rather not. The Town is very open with our records.
TB Resolution 2018 - 122: Approval of revised Access to Public Records Procedures
Whereas the Personnel and Organization Committee has reviewed and recommended
changes to the Access to Public Records Procedures to incorporate the Committee on Open
Governments written opinions on access to certain stamped records, to reiterate the Town's
policy on digital records designated as the official record, and to reinforce the Town's focus on
customer friendly processes, now therefore be it
Resolved that the Town Board approves of the revised Access to Public Records
Procedures as submitted.
Moved: Pamela Bleiwas Seconded: Rich DePaolo
Vote: Ayes —Bleiwas, DePaolo, Leary, Levine, Goodman and Howe
9. Discuss and consider approval of revised Room Use Policy and associated form
Ms. Bleiwas reminded the board that this started with some issues happening recently with users
of the rooms and Ms. Rosa wanted some changes to make it very clear that these are public
rooms and no one should be excluded.
Mr. Goodman noted that one issue Ms. Brock brought up was regarding political caucus' and a
lengthy discussion followed with the Board making changes to the Policy to allow them to enter
executive session.
TB Resolution 2018 - 123: Approval of revised Room Use Policy for Outside Groups and
Organizations and associated changes to the Room Use Application
Whereas the Personnel and Organization Committee has reviewed and recommended
changes to the-Town's Room Use Policy applicable to outside groups and organizations, and
associated changes to the Room Use Application, to clearly indicate when uses of public meeting
rooms must be open to the public, including media, now therefore be it
Resolved that the Town Board approves the revised Room Use Policy for Outside
Groups and Organizations and associated Room Use Application as submitted.
Moved: Pamela Bleiwas Seconded: Rod Howe
Vote: Ayes —Bleiwas, Howe, Goodman, Leary, Levine and DePaolo
Added Item—Maplewood Indemnity and Hold Harmless Agreement
No discussion
TB 2018-09-10 Pg. 7
TB Resolution 2018 - 124: Approval of and Authorization for the Supervisor to sign an
Indemnity and Hold Harmless Agreement associated with Maplewood
Whereas Town Counsel has recommended that as a condition of the issuance of
Temporary Certificates for certain buildings in the Maplewood Project there needs to be an
Indemnity and Hold Harmless Agreement, now therefore be it
Resolved that the Town Board approves and authorizes the Supervisor to sign the
submitted Indemnity and Hold Harmless Agreement on behalf of the Town of Ithaca.
Moved: Rod Howe Seconded: Pat Leary
Vote: Ayes —Howe, Leary, Levine, Goodman, Bleiwas and DePaolo
10. Consider Consent Agenda Items
TB Resolution 2018 -125: Adopt Consent Agenda
Resolved that the Town Board of the Town of Ithaca hereby approves and/or adopts the
following Consent Agenda items:
a) Approval of Town Board Minutes
b) Approval of Town of Ithaca Abstract
c) Approval of Bolton Point Abstract
d) Ratify appointment of Assistant Production Manager—BP
e) Acknowledge SCLIWC Audited Financial Report for 2017
Moved: Eric Levine Seconded: Pamela Bleiwas
Vote: Ayes —Levine, Bleiwas, Goodman, Leary, DePaolo and Howe
TB Resolution 2018 - 125a: Approval of Minutes of August 27, and September 5, 2018
Whereas the draft Minutes of the August 27, and September 5, 2018 meetings of the
Town Board have been submitted for review and approval, now therefore be it
Resolved that the Board approves the draft minutes, with changes, of the August 27 and
September 5, 2018 meetings of the Town Board.
TB Resolution 2018 - 125b: Town of Ithaca Abstract 14 for FY-2018
Whereas the following numbered vouchers have been presented to the Ithaca Town
Board for approval of payment; and
Whereas the said vouchers have been audited for payment by the said Town Board; now
therefore be it
TB 2018-09-10 Pg. 8
Resolved that the governing Town Board hereby authorizes the payment of the said
vouchers in total for the amounts indicated.
VOUCHER NOS. 1167 - 1223
General Fund Townwide 43,371.58
General Fund Part-Town 2,944.47
Highway Fund Town Wide DA 2,469.54
Highway Fund Part Town DB 108,048.13
Water Fund 546,948.05
Sewer Fund 4,956.08
Ellis Hollow Water Tank—H10 42,076.42
Risk Retention Fund 160.93
Trust and Agency 1,750.00
TOTAL 752,725.20
TB Resolution 2018 - 125c: Bolton Point Abstract
Whereas, the following numbered vouchers for the Southern Cayuga Lake
Intermunicipal Water Commission have been presented to the governing Town Board for
approval of payment; and
Whereas, the said vouchers have been audited for payment by the said Town Board;
now, therefore, be it
Resolved, that the governing Town Board hereby authorizes the payment of the said
vouchers.
Voucher Numbers: 403-452
Check Numbers: 17918-17967
Capital Impr/Repl Project $ 55.15
Operating Fund $108,533.78
TOTAL $108,588.93
Less Prepaid $------L,4-11.11-
TOTAL $107,177.01
TB Resolution 2018 - 125d: Appointment of Assistant Production Manager at SCLIWC
Whereas, the Southern Cayuga Lake Intermunicipal Water Commission on September 6,
2018,provisionally appointed James Bower, Water Treatment Plant Operator, as the Assistant
Production Manager, effective August 5, 2018; now, therefore, be it
Resolved, that the Town of Ithaca does hereby ratify the Commission's provisional
appointment of James Bower, Water Treatment Plant Operator, as the Assistant Production
TB 2018-09-10 Pg. 9
Manager, effective August 5, 2018, at an hourly rate of$27.17, in Job Classification `7', with
full time benefits; and,be it further
Resolved,the said appointment is a provisional appointment pending a civil service exam
for Assistant Production Manager.
TB Resolution 2018- 125e: Acknowledge receipt of the SCLIWC/Bolton Point Audited
Financial Report for 2017
Whereas the Town Board has received copies of the Audited Financial Report of
SCLIWC aka Bolton Point for the year ending 2017, now therefore be it
Resolved that the Town Board acknowledges receipt of the financial audit.
11. Report of Town Officials and Committees
Mr. Goodman noted that there are some timing issues with the upcoming meeting calendar with
the holidays and we may be shifting items that we usually do earlier associated with the budget
and we do not have a November Budget meeting scheduled and if we do not adopt the budget
after the October meeting we may need to schedule one. Mr. Goodman asked the Board to look
at the budgets since they are ready early so we will have an idea of the adoption timeline.
Mr. Goodman reported that Cornell Botanical Gardens has aske for a or licenst to enter their
property through our preserve for their hunters. We have restrictions on our town parks regarding
weapons or fire arms. There will be more information for the next meeting after a discussion at
the Public Works Committee.
12.Review of Correspondence
Mr. DePaolo asked about the letter regarding a request to remove an old shed at the Inlet Valley
Cemetery which we took over years ago. Ms. Rosa stated that she talked to Mr. Weber briefly
and there are some serious access issues to removing it and then she called the gentleman to get
more information and he just likes old buildings. She added that the town might need to get
permission from the NY Cemetery Board and it seems a lot more trouble than at first glance and
he wasn't interested in buying it,he wanted us to give it to him which also brings up the issue of
not being able to gift things. The Board wasn't interested in pursuing the idea.
13. Adjournment
Meeting was adjourned upon a motion and a second at 6:42 p.m.
Submi d
Paulette Rosa, Town Clerk
TB 2018-09-10 Pg. 10
1-B ME,E,Cing 2018-09-10
May 26, 2018,
Bill Goodman, Town of Ithaca Supervisor,
Town of Ithaca Board
Dear Mr. Goodman and the Town of Ithaca Board,
As you might remember, our neighbors and we have been trying since 2012 to get the
Town of Ithaca to fix our drainage problems created by the construction of the walk-way
along Warren Rd.
The walkway was constructed during 2009-2011. The work was done, intermittently, by
Town crews, without competent design and with no supervision. At the same time the
Town spent $400,000 to pay a professional company to create "speed humps" in the Forest
Home neighborhood.
From the very beginning, we warned then Town Engineer Greg I-lebdon that the removal
of the ditch along Warren Rd would create drainage problems, but our concerns were
dismissed. All of this is described in our letter from 2015 sent along with this letter.
In June of 2015 the Town suggested that we file claims for property damage. We spent lots
of time and effort trying to find a company to provide an estimate for work needed to fix
the drainage on our own, so that we would know how much compensation to seek from the
Town. However, neither of the companies we consulted was able to produce an estimate,
as the task was too complicated. The only solution would be to rebuild the walkway.
Meanwhile our property values have decreased significantly because our front yards are
swamped on a regular basis. In addition, the standing water has killed our trees, damaged
our driveways, created a mosquito hazard, and caused other inconveniences.,
At this time we would like to submit a claim requesting $,25,000 in compensation, for
property darnage caused by the Town's negligence.
Please advise us,who we should send the claim to.
Sincerely,
Dimitri Starostin and Olga Malysheva
549 Warren Rd, Ithaca
June 30,2015
Dear Ms. Judy Drake,
We have a claim for damages to our property created by the construction of Warren
Rd walkway with a new drainage system.
For the period of almost 10 years as we bought our house at 549 Warren Road the ditch
along the road was efficiently helping to collect and dissipate rain and ground water.
Bottom of the ditch was appropriately below our front yard level, and so both the front
yard and that portion of the driveway were drying out in good time.
Since the construction of the walkway the lowest level had moved well into our front yard
because the walkway is resting on the raised bed, 3 and more feet higher than the ground
level. As a result the ground on the front yard is almost always soggy. It prevents us from
mowing the grass, and also presents breeding puddles for mosquito.
Moreover, standing water erodes our driveway. As we have to drive over the wet spot
daily, the deep in the driveway developed, and it keeps getting larger and deeper. It also
worth to note that NYSEG communications run alongside the driveway,judging by the
marks NYSEG left before the walkway construction started. We worry if the deep in the
driveway could start threaten that.
The drainage system that was designed and installed by Town of Ithaca four years ago
does not work properly. The water from our front yard can not flow up to the drain.
We request to resolve this unacceptable situation as soon as possible.
Sincerely,
Dimitri Starostin and Olga Malysheva
549 Warren Rd,Ithaca
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8/5/2018 Gmail-Complaints on drainage at 54x Warren Rd
M Gmail
Complaints on drainage at 54x Warren Rd
Chun Li Fri,Jul 6,2018 at 3:37 PM
To: BGoodman@town.ithaca.ny.us
Cc:Tanya Garger,,"D. S."
Dear Mr. Goodman,
I am writing to you on behalf of both my husband and I regarding the malfunctioning storm drainage system along east
side of Warren Road, between 545 and 549.
The construction of the pedestrian walkway along Warren Road finished in 2012. Since then,we are experiencing
standing water in our front yard whenever there is a rain or snow melt.The water in the front yard would remain for a long
time until it finally drained or evaporated.This substantial long period of time when water is retained in our front yard had
created many problems,such as fast deterioration of our driveway, increase of mosquito and insects, unhealthy dying
trees, and etc. More importantly,the defect drainage system seemingly increased the ground water level in our
neighborhood and has caused flood in our basement during a heavy rain this year. Flash flood,which hasn't been seen
before in our neighborhood,has become a norm in recent years.We as residents here are always in honor whenever
there's a forecast of a storm,worrying that our investment, our property and belongings would be lost in flood.
We believe that a town should at least maintain the quality of life for its residents if not improving.We understand that
resolving this issue properly will involve complex planning, designing, and construction and it will also require a significant
funding. However,we wish the Town of Ithaca give us a reasonable and fair resolution so we can move forward to
address this issue in a foreseeable future.
Thank you for your time and consideration.
Chun U and Xia Zeng
https:llmail.google.comlmaiW/0l?ui=2&ik=0fdfafldc3&jsver=ycJAGvBgNdM.en.&cbl=gmail fe_180731.14_p3&view=pt&msg=1647119011`219039&q=t... 171
May 29, 2018
Bill Goodman, Town of Ithaca Supervisor,
Town of Ithaca Board
Dear Mr. Goodman and the Town of Ithaca Board,
As you might remember, we and our neighbors have been trying since 2012 to get the Town
of Ithaca to fix our drainage problems created by the construction of the walkway along
Warren Rd.
The walkway was constructed during 2009-2011. The work was done, intermittently, by Town
crews, without competent design and with no supervision. At the same time the Town spent
$400,000 to pay a professional company to create "speed humps" in the Forest Home
neighborhood.
From the very beginning, we warned then Town Engineer Greg Hebdon that the removal of
the ditch along Warren Rd would create drainage problems, but our concerns were dismissed.
All of this is described in our letter from 2015 sent along with this letter.
In June of 2015 the Town suggested that we file claims for property damage. We spent lots of
time and effort trying to find a company to provide an estimate for work needed to fix the
drainage on our own, so that we would know how much compensation to seek from the Town.
However, neither of the companies we consulted was able to produce an estimate, as the
task was too complicated. The only solution would be to rebuild the walkway.
Meanwhile our property values have decreased significantly because our front yards are
swamped on a regular basis. In addition, the standing water has killed our trees, damaged our
driveways, created a mosquito hazard, and caused wet basement and other inconveniences.
At this time we would like to submit a claim requesting $25,000 in compensation, for property
damage caused by the Town's negligence.
Please advise us who we should send the claim to.
Sincerely,
Xia Zeng and Chun Li
545 Warren Rd, Ithaca, NY 14850
July 17th, 2015
Karen Mascaro/Claims Examiner
Wright Public Entity
333 Earle Ovington Blvd.,Suite 505
Uniondale, NY 11553-3624
Dear Karen,
Thank you for your response regarding our letter dated July 1,2015,about the problematic site design
and inadequate drainage system installed by the Town of Ithaca as part of the Warren Road walkway
construction project that took place 2009-2011.
The walkway construction project has resulted in water accumulating on our property.This did not
previously occur prior to the project. Now damaging and hazardous pools of water form in our front
yard after it rains.The situation is getting worse and worse each year. In addition, it seems to raise the
ground water level on the east side of Warren Road.This year, in particular,we have had a very wet
basement during the rainy season. Due to the standing pools of water,we also have been experiencing
lots of mosquitoes and other bugs and are potentially being exposed to many mosquito-borne viruses
(e.g.,West Nile virus,Triple E virus, etc.).
At this time,we are not seeking financial compensation since the damage is difficult to estimate and
remediation is beyond a simple individual property fix. Many Warren Road residential properties have
been affected,and,the involvement of various Town of Ithaca departments and facilities are needed to
solve this problem.This type of coordination is beyond our capability as property owners. It is the
responsibility of the Town of Ithaca to oversee the quality of design and construction and to follow-up
with post-construction issues of projects such as the Warren Road walkway project.We respectfully
request that the Town of Ithaca fix this Warren Road drainage problem at no charge to residents in a
timely manner within a two year completion period.
Specifically,as listed below,we are seeking at this time from the Town of Ithaca the following:
1. We would like to see third party proposals from licensed landscape architectural/site
engineering professionals regarding how the current drainage can be corrected and be better
managed in the future for the 543 to 549 Warren Road properties.
2.We would like to be kept informed of proposals.This includes which and why a correction
method has been selected,an opportunity for residents to communicate any concerns with a
proposal,and having the right to vote on or veto the final proposal selected.
3.We would like to have no standing water on our property after it rains.
Thank you for your time and consideration.We hope that the Town of Ithaca will look into the site
drainage situation, provide an explanation of why water is not draining well, and appropriately remedy
the problem.
Sincerely,
Mr.Xia Zeng and Ms.Chun Li
545 Warren Road, Ithaca, NY 14850
July 1st,2015
To: Judy Drake,Town of Ithaca
CC: Herb Engman,Town of Ithaca Supervisor,
Jim Weber, Highway Superintendent
We have a claim for damages to our property created by the construction of Warren Rd walkway with
a new drainage system.
We moved to 545 Warren Road in early March,2011.We did not have standing water problem in our
front yard when snow melt that spring in 2011, neither had we had water stayed after the rains.
However,we started to have water accumulated on our property along Warren Road from August 2011,
when the construction of Warren Road Pedestrian Walkway finished.The situation continued until there
was a big storm that year in September.The pool of water became a lakel
We had called Town of Ithaca Public Works several times late in 2011.Due to the weather,Public Works
decided to work on it when the weather became warm.They did come in spring 2012 and put a
drainage in our lawn. However,this did not totally fixed the problem.Whenever it rains,we will have a
pool of water. Unless it became sunny the next day,the water would not go away.After three years,the
spot where the water accumulates is becoming a wetland.A big beautiful tree is suffering, insects are
colonizing,and we,as the owners, are not enjoying our yard.
The drainage system that was designed and installed by Town of Ithaca almost four years ago does not
work properly.Although some works has been done,it obviously did not change anything.
To show the current typical situation, photos of our property,taken a few hours after the rain on June
28,2015,are attached.
We request to resolve the unacceptable situation as soon as possible.
Sincerely,
Xia Zeng and Chun Li
545 Warren Rd, Ithaca
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_Fl B IM E,E,lliirtg 2 018-09-10
Town of Ithaca
Department of Public Works
To: Ithaca Town Board
From: James Weber, Highway Superintendent/Director of Public Works
Re: Inventory of Highway Machinery and Equipment
Date: September 10, 2018
As Part of the 2019 Budget request, I am proposing the following vehicle replacement
and new equipment:
• 2 Pickup Trucks w/Plow (468,69) $100,000 Highway/W/S/Park
• "Tool cat"utility tractor (443) $80,000 Highway/Park/W/S
• "Ventrac"utility tractor(45 1) $55,000 Highway/Park
• Diesel Mower(452) $18,000 Park/Stormwater/W/S
• 2 Medium Duty Dump Truck(48,20) $200,000 Highway/Park/W/S/Storm
• Ford Escape(430) $33,000 Codes
• 2 Trailers (4T11, T3) $22,000 Highway/Parks/W/S
• N(..w Maintenance Vehicle"" $38,000 Highway/Maintenance/W/S
•
N(. One Ton Dump DBL Cab"" $75,000 Highway/Parks/W/S/Storm
• N(..w Mini Excavator"" $120,000 Highway/Parks/W/S/Storm
As Part of the 2019 Budget request, I have identified the following costs for vehicle and
equipment maintenance: This represents an increased budget (*) compared to FY 2018
• Highway/Machinery* $105,000
• Parks $20,000
• Water $10,000
• Sewer $15,000
• Engineering $2,500
$152,500