HomeMy WebLinkAboutTB Minutes 2023-05-08MEETING OF THE ITHACA TOWN BOARD
May 8, 2023
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1. Call to order and Pledge of Allegiance
2. Persons to be heard and Board comments (Attachment 1)
3. Public Hearing regarding a proposed local law amending Chapter 270 of the Town of Ithaca Code
"Zoning", to revise provisions related to increasing the maximum permitted size and footprint and
other miscellaneous regulations associated with Solar Arrays
4. Continue discussion regarding Ithaca Beer Special Summer Series events
5. Consider authorization for Supervisor to sign an agreement with Bell & Spina as part if the Town
Hall Weatherization Project
6. Consider authorization for the Supervisor to sign an MOU regarding the existing MOU for the
Cradit Farm and Pleasant Grove realignment
7. Consider award of Forest Home Pump Station I Project
8. Consider authorization for an appraisal of a parcel being considered for acquisition under the Town's
Open Space Preservation Program
9. Consider approval of a revised Temporary Road Closure Policy
10. Consider a proclamation in support of "Building Safety Month"
11. Consider Consent Agenda
a. Approval of Town Board Minutes
b. Approval of Town of Ithaca Abstract
c. Approval of Bolton Point Abstract
d. Ratification of Authority granted to Guy Krogh to complete recent real estate transaction
e. Acknowledge receipt of Ethics Disclosure Forms
f. Approval of Permanent Appointment — Finance Officer — Shaw
12. Report of Town Officials
13. Review of Correspondence
MEETING OF THE ITHACA TOWN BOARD
May 8, 2023
MINUTES
Board Members Present: Rod Howe, Supervisor; Members Eric Levine, Rich DePaolo, Rob Rosen and
Margaret Johnson Absent: Bill Goodman and Pamela Bleiwas
Staff Present: Susan Brock, Attorney for the Town; Judy Drake, Director of Human Resources; Marty
Moseley, Director of Code Enforcement; CJ Randall, Director of Planning; Paulette Rosa, Town Clerk;
Joe Slater, Director of Public Works; Donna Shaw, Director of Finance; and Dan Thaete, Director of
Engineering
1. Call to order and Pledge of Allegiance
Mr. Howe called the meeting to order at 5:30 p.m. and moved agenda item 6 up to follow
persons to be heard.
2. Persons to be heard and Board comments (Attachment 1 )
A number of the people who spoke had also emailed comments and they are attached.
Thirteen people spoke regarding concern over traffic and safety associated with the Cradit Farm /
Pleasant Grove intersection and strongly in favor of the Town Board not amending the
agreement required by the Planning Board to realign the intersection to move traffic into the
campus as opposed to down into Forest Home that was part of the approval process for the North
Campus Residential Expansion project.
Speakers focused on the memorandum of agreement's requiring the realignment; the County's
Highway Superintendent statement and the fact that he does not have the authority to stop the
realignment; the perception that the Town Board was overstepping the Town Planning Board's
authority and that the realignment should happen in some form now.
Mr. Howe closed the public hearing.
Mr. Howe addressed some of the comments, saying "I just want to make very, very, very clear
that the Town Board is not usurping the authority of a Planning Board period. The end. There is
some misinformation about this issue, and I just want to be very clear that the conditions set by
the Planning Board were met."
The original MOU said that options would be explored for what might happen, it did not say that
something would be chosen, built. It is a complicated puzzle with everyone having different bits
and pieces.
TB 2023-05-08 (Filed 5/19) Pg. 1
The County Highway Director said he thought the realignment was not necessary based on the
traffic counts done at the completion of the project. Cornell is exploring signage to encourage
campus traffic down through. Cradit Farm and we should hear more on that soon.
Mr. DePaolo thanked the public for coming and he can understand their frustration. He said he
appreciated the gentleman who did point out the fact that you live within spitting distance of an
extremely large institution so there are going to be some ancillary impacts living there. It is
always a balancing test.
This has been a difficult issue internally, and he has not heard anyone say they are against the
realignment, but we feel that the Planning Board conditions have been met.
Looking at the 2019 MOU, there was the implication that something would be constructed and
he suggested that the Board does not act on this item for a month and suggested the public who
came here tonight should also address the County Legislature through their committees and
meetings because he did not see how the Town can force the County to agree to do something it
doesn't want to.
Mr. Rosen said this redesign has been a part of the NCRE project since the beginning and that
was broadly agreed to in the MOU and he sees no reason to abandon the effort. He added that he
walks and bikes there and the intersection is substandard, dangerous, and unfriendly.
Mr. Levine asked if there were any timing issues if we were to put this off and Mr. Howe
responded that he believes there is not.
Mr. Howe asked Ms. Brock to explain what the original 2019 MOU articulated regarding this
because there is some misunderstanding about what that MOU said regarding any specificity
about buildout of a realignment.
Ms. Brock stated that it did not specify any particular design, because at the time the Planning
Board gave their approval, nobody knew what a design would be, and nobody knew what the
timing would be, and that's why they didn't require construction prior to issuance of any
certificates of occupancy, because they thought it would very likely that the reconfiguration
would not be able to be constructed prior to occupancy. So that was all left to the MOU to sort
out what all the milestones would be.
Ms. Brock said the City was lead agency in SEQR determination and it was a coordinated
review, which means the Town's Planning Board did not have a role, except to provide
comments as an involved agency.
The City Planning and Development Board did the SEQR and gave it a negative declaration of
environmental significance.
In that determination, they just said that the City, County, and Cornell should explore whether
that intersection should be redesigned. The determination, referred to as a neg-dec, was not
contingent on any redesign happening.
TB 2023-05-08 (Filed 5/19) Pg. 2
The 2019 MOU does have milestones that go right through construction of the of the redesign
once it is all approved, and as everybody here probably knows, it's a County road, and so Cornell
can cannot do anything, and the Town cannot direct that anything happens on that road without
the County giving its approval.
It is still unclear on whether this amended MOU will go straight to the Legislature or a
Committee, but Staff has signed off on it.
The Board was in favor of delaying action on this revised MOU to allow time for residents to go
to the other stakeholders as well as to give members more time to fully understand the issue.
Mr. DePaolo encouraged people to go to the County and Cornell and express their opinions and
concerns rather than relying solely on town government to speak for them, adding that we will
certainly convey what was said here tonight to them, but you have a high level of organization
and political influence yourselves and now is the time to use it.
3. Public Hearing regarding a proposed local law amending Chapter 270 of the Town of
Ithaca Code, "Zoning", to revise provisions related to increasing the maximum
permitted size and footprint and other miscellaneous regulations associated with Solar
Arrays
Mr. Howe opened the public hearing.
Mr. McCune stated that he was here as a representative of NexAmp Solar and available to
answer any questions.
There was no one else wishing to address the Board and the hearing was closed.
Mr. Howe noted that there is no action on the agenda tonight at we are awaiting the GML review
from the County and the intent is to vote on this at the study session on May 22"d
4. Continue discussion regarding Ithaca Beer Special Summer Series events
The Board has not received any further information on the application.
Mr. DePaolo added that he had an informal conversation with someone who builds bandshells
and contact had been made with Ithaca Beer in the past; they are not inexpensive, and we don't
know the financials of Ithaca Beer, but it was interesting to hear that contact was made and
contact will probably be made again soon.
5. Consider authorization for Supervisor to sign an agreement with Bell & Spina as part
of the Town Hall Weatherization Project
This has been discussed several times and there were no questions or comments from the Board.
TB 2023-05-08 (Filed 5/19) Pg. 3
TB Resolution 2023 - 076: Authorization for the Town Supervisor to sign a contract with
Bell & Spina Architects -Planners, PC for the Detailed Construction Drawings and
Specifications Preparation Services associated with the Town Hall 2nd Floor Mezzanine and
Court Office Renovation Proiect
Whereas, the Town wishes to update/rehabilitate an unused portion of the Town Hall 2nd Floor
Mezzanine and remove an existing bathroom within the Town Court Offices to allow for more
useful space (Project); and
Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and
its implementing regulations at 6 NYCRR Part 61.7, approval of said Project is a Type 1I Action
as this project is considered a replacement, rehabilitation or reconstruction of a structure or
facility, and therefore does not require a SEQR determination, and
Whereas, the Town Board awarded Part A of the Town Hall Lighting and Weatherization
Renovation Project (Weatherization Bid) to Bell & Spina Architects -Planners, PC (Bell & Spina)
by TB Resolution 2022-018; and
Whereas, the Town has determined it is appropriate to proceed with the Part B Services of the
Weatherization Bid to proceed with final design drawings, specifications, associated permits,
and bid documents for the Project; and
Whereas, the Town Engineer reviewed a revised proposal submitted by Bell & Spina for Part B
services, dated April 21, 2023, for a lump sum fee of $25,930 and travel reimbursable costs not
to exceed $5,200, and recommended its approval by the Town Board; now, therefore be it
Resolved, that the Town Board authorizes the award and execution by the Supervisor of a contract
for Part B of the Project to Bell & Spina, Architects -Planners, PC, 215 Wyoming Street, Syracuse,
NY 13204, subject to approval of the contract documents by the Director of Engineering and
review by the Attorney for the Town.
Moved: Rob Rosen Seconded: Rich DePaolo
Vote: ayes — Rosen, DePaolo, Howe, Johnson and Levine
6. Pulled Consider authorization for the Supervisor to sign an MOU regarding the existing
MOU for the Cradit Farm and Pleasant Grove realignment
7. Consider award of Forest Home Pump Station 1 Project
The first bid put out for this was way over budget and this bid process split the projects in two
parts. This is for the forcemain and Engineering is recommending going with Base Bid B with
horizontal directional drilling.
The Public Interest Order will go through the process of increasing the amount a bit to cover the
other part of the project. We were trying to streamline and combine two distinct projects into
TB 2023-05-08 (Filed 5/19) Pg. 4
one Public Interest Order, and that did not work, so lesson learned, but this allows one project to
move forward now.
TB Resolution 2023 - 077: Authorization to award and execute contract for the Town of
Ithaca Forest Home #1 Pump Station Improvements Construction Contract Project
Whereas on. May 01, 2023, the Director of Engineering (Director) received bids for the Town of
Ithaca Forest Home #1 Pump Station Improvements Construction Contract Project
(Improvement), for the installation of a forcemain, manholes, associated appurtenances, and
restoration of disturbed areas. An alternate containing additional work includes replacement of
submersible sewage pumps, piping, guide -rail system, controls, valve vault, installation of a new
emergency generator, transfer switch, associated electric and gas services, and associated site
restoration, along with other work specified and indicated in the Contract Documents, and
Whereas the project was bid with a Base Bid A option of trenching the forcemain within Pleasant
Grove Rd and a Base Bid B option of horizontal directional drilling the forcemain within Pleasant
Grove Rd., and
Whereas the Director has reviewed bids and recommends the installation of the forcemain via the
Base Bid A Option to allow for greater precision in placement of the forcemain, greater oversight
of the installation, and to meet coordinated installation timeframes with other involved agencies,
and
Whereas the Director has reviewed the bids and qualifications of the bidders and has determined
that the lowest responsive bid for Base Bid A of $384,000.00 and Alternate 1 of $610,000.00, with
a total bid price of $994,000.00 for the project, was made by the lowest responsive bidder, Vacri
Construction Corporation, One Brick Avenue, Binghamton, NY, and
Whereas at their meeting on March 14, 2022, the Town Board adopted a Public Interest Order (TB
2022-032) establishing the Improvement and authorizing a maximum amount of $1,017,444.00 to
be expended on this Improvement, now, therefore be it
Resolved that the Town Board authorizes the Town Supervisor to award and execute the
construction contract for Base Bid A portion of the Town of Ithaca Forest Home Pump Station #1
Improvements project to Vacri Construction Corporation, subject to final approval of the contract
by the Director and review by the Attorney for the Town, and be it further
Resolved that the Director is authorized to approve change orders to the contract, without further
authorization of this Board, provided that the maximum amount of such change orders does not
exceed $19,200.00 in aggregate and the total project cost, including the contract, engineering, legal
and other expenses, does not exceed the maximum authorized cost of the project of $1,017,444.00.
Moved: Rod Howe Seconded: Rich. DePaolo
Vote: ayes — Howe, DePaolo, Johnson, Levine, and Rosen
8. Consider authorization for an appraisal of a parcel being considered for acquisition
under the Town's Open Space Preservation Program
TB 2023-05-08 (Filed 5/19) Pg. 5
TB Resolution 2023 - 078: Authorization for Town Staff to Proceed with Contracting for
Appraisal Services for Potential Purchase of +/- 135 Acres of Natural Lands on South Hill
Whereas, the owners of approximately 135 acres of undeveloped land located off King Road
East, Chase Lane and Ridgecrest Road have expressed interest in the potential sale of their
property to the Town of Ithaca for a nature preserve; and
Whereas, the Planning Department has solicited proposals from two qualified appraisers to
provide professional services to determine the potential market value of these +/- 135 acres; and
Whereas, the Planning Department has received a proposal from David Long Appraisal
Company that meets or exceeds the criteria for this project, with a total cost of $1,000; now,
therefore, be it
Resolved, that the Town Board of the Town of Ithaca authorizes the hiring of David Long
Appraisal Company to prepare the appraisal for the +/- 135 acres located off King Road East,
Chase Lane and Ridgecrest Road, at a cost not to exceed $1,000, to be allocated from the Open
Space Plan Account.
Moved: Rob Rosen Seconded: Eric Levine
Vote: ayes — Rosen, Levine, Howe, DePaolo and Johnson
9. Consider approval of a revised Temporary Road Closure Policy
This has gone through two committees for review and recommendation and members are
familiar with the proposed changes.
TB Resolution 2023 — 079: Adopt Revised Temporary Road Closure Policy
Whereas the Public Works Committee and the Personnel and Organization Committee has
modified, reviewed and recommended the revised Temporary Road Closure Policy to the Town
Board for approval, now, therefore be it
Resolved that the Town Board adopts the revised Temporary Road Closure Policy as submitted.
Moved: Rich DePaolo Seconded: Eric Levine
Vote: ayes — DePaolo, Levine, Howe, Johnson, and Rosen
10. Consider a proclamation in support of "Building Safety Month"
Mr. Howe read portions of the resolution, adding that the Town Board certainly appreciates our
Director of Code Enforcement and his staff very much.
TB 2023-05-08 (Filed 5/19) Pg. 6
Mr. Rosen added that he has a lot of experience working with Codes through his time on the
Zoning Board of Appeals and they really get out there and they have to make some hard calls, so
yes, thank you very much.
TB Resolution 2023 - 080: Resolution Proclaiming Building Safety Month — May 2023
Whereas the Town of Ithaca is committed to recognizing that our growth and strength depends
on the safety and essential role our homes, buildings, and infrastructure play, both in everyday
life and when disasters strike, and;
Whereas our confidence in the resilience of these buildings that make up our community is
achieved through the devotion of vigilant guardians —building safety and fire prevention
officials, architects, engineers, builders, tradespeople, design professionals, laborers, plumbers,
and others in the construction industry —who work year-round to ensure the safe construction of
buildings, and;
Whereas these guardians are dedicated members of the International Code Council, a nonprofit
that brings together local, state, territorial, tribal and federal officials who are experts in the built
environment to create and implement the highest -quality codes to protect us in the buildings
where we live, learn, work and play, and;
Whereas these modern building codes include safeguards to protect the public from hazards such
as hurricanes, snowstorms, tornadoes, wildland fires, floods and earthquakes, and;
Whereas Building Safety Month is sponsored by the International Code Council to remind the
public about the critical role of our communities' largely unknown protectors of public safety
our local code officials —who assure us of safe, sustainable and affordable buildings that are
essential to our prosperity, and;
Whereas "It Starts with You," The theme for Building Safety Month 2023, encourages us all to
raise awareness about building safety on a personal, local and global scale, and;
Whereas each year, in observance of Building Safety Month, people all over the world are asked
to consider the commitment to improve building safety, resilience and economic investment at
home and in the community, and to acknowledge the essential service provided to all of us by
local and state building departments, fire prevention bureaus and federal agencies in protecting
lives and property, now, therefore be it.
Resolved, that the Town Board hereby proclaims the month of May 2023 as Building Safety
Month and encourages all residents to join them as they participate in Building Safety Month
activities.
Moved: Rob Rosen Seconded: Eric Levine
Vote: ayes — Howe, Levine, Johnson, DePaolo and Rosen
TB 2023-05-08 (Filed 5/19) Pg. 7
I I. Consider Consent Agenda
TB Resolution 2023 — 081: Adopt Consent Agenda
a. Approval of Town Board Minutes
b. Approval of Town of Ithaca Abstract
c. Approval of Bolton Point Abstract
d. Ratification of Authority granted to Guy Krogh to complete recent real estate transaction
e. Acknowledge receipt of Ethics Disclosure Forms
f. Approval of Permanent Appointment of Finance Officer — Shaw
Moved: Rich DePaolo Seconded: Eric
Vote: ayes — DePaolo, Levine, Howe, Rosen and Johnson
TB Resolution 2023 — 081a: Approval of Town Board Minutes
Resolved that the Town Board approves the minutes of April 24, 2023, as final with any non -
substantive changes made.
TB Resolution 2023 — 081b: Town of Ithaca Abstract No. 9 for FY-2023
Resolved that the Town Board authorizes the payment of the audited vouchers in total for the
amounts indicated.
VOUCHER NOS. 283 — 347
General Fund Town Wide
83,722.84
General Fund Part -Town
4,965.19
Highway Fund Town Wide DA
2,924.66
Highway Fund Part Town DB
13,162.03
Water Fund
24,894.91.
Sewer Fund
9,752.04
Fire Protection. Fund
298,081.00
Forest Home Lighting District
147.01
Glenside Lighting District
26.54
Renwick Heights Lighting District
31.44
Eastwood Commons Lighting District
17.06
Clover Lane Lighting District
3.75
Winner's Circle Lighting District
7.11
Burlei h Drive Lighting District
22.27
West Haven Road Lighting District
58.99
Coddin ton Road Lighting District
38.74
Trust and Agency
1,000.00
Debt Service
158.00
TOTAL
439,013.58
TB 2023-05-08 (Filed 5/19) Pg. 8
TB resolution 2023 — 081c : Bolton Point Abstract
Resolved that the governing Town Board authorizes the payment of the audited vouchers as
submitted for the total amounts below:
Voucher Numbers: 169-218
Check Numbers: 20887-20892, 20894-20937
Capital Impr/Repl Project $ 2,948.98
Operating Fund $ 149,985.34
TOTAL $ 152,934.32
Less Prepaid $ 12,369.97
TOTAL $ 1.40,564.35
TB Resolution 2023 — 081d: Ratification of authority granted to Guy Krogh to complete
recent real estate transaction
Resolved that the Town Board ratifies the intent of TB Resolution 2023-040 authorizing the
acquisition of property at 653 Elmira Road and the execution of all associated documents by the
Town Supervisor or his designee, in this case, Attorney for the Town Guy Krogh.
TB Resolution 2023 — 081e: Acknowledge receipt of Annual Ethics Disclosure Forms
Resolved that the Town Board acknowledges receipt of the Annual Disclosure Forms as required
by the Town's Ethics Policy.
TB Resolution 2023 — 081f. Approve Permanent Appointment of Finance Officer
Whereas, Donna Shaw was provisionally promotionally appointed as the Finance Officer, in
December 2020, pending the next civil service exam; and
Whereas, the Tompkins County Civil Service office has provided the certificate of eligible listing
for the said title and Donna Shaw was a reachable candidate; now, therefore be it
Resolved, the Town Board of the Town of Ithaca does hereby appointment of Donna Shaw to the
position of Finance Officer with no change in current compensation or benefits, retro-active to
May 4, 2023; and be it further
Resolved, an eight (8) week probationary period applies with no further action by the Town
Board if there is successful completion of the probationary period as determined by the Town
Supervisor.
1.2. Report of Town Officials
Mr. Howe thanked the Public Works Staff and all the volunteers for the successful event at
Tutelo Park this weekend which went very well.
TB 2023-05-08 (Filed 5/19) Pg. 9
=I -
Ms. Rosa noted that there is a request for a 30-day waiver for a liquor license from Allechant
Bistro at Community Comers. The Board had no issues with the waiver.
TB 2023-05-08 (Filed 5/19) Pg. 10
Paulette Rosa
From: Bruce Brittain <brucebrittain@verizon.net>
Sent: Monday, May 8, 2023 10:44 AM
To: Paulette Rosa; Town Of Ithaca Clerks Department
Subject: MOU (Agenda Item 6) at Tonight's TB Mtng
Attachments: Realignment. PGR.CFD.Intersection.pdf
Hi Paulette --
Could you please forward this to the Town Board? I'd like them to have a chance to read it before
tonight's meeting, so the sooner the better!
Thank you very much.
--Bruce
Dear Town Board Members,
We were alarmed to see that tonight's Town Board agenda includes a Resolution to approve a new
MOU with Cornell and the County. If approved, this new Memorandum of Understanding would
replace the current MOU that mandates and facilitates the reconfiguration of the Pleasant Grove
Road / Cradit Farm Drive intersection so as to keep more campus -bound traffic on campus (rather
than dropping down through Forest Home). Reconfiguration of this intersection was a Planning
Board Condition of Approval for the North Campus Residential Expansion (NCRE) project, and the
current governing MOU was created to enable this intersection reconfiguration. If the current MOU is
rescinded and replaced, the Planning Board's Condition will remain unmet. In short, approving
Agenda Item 6 would not only scuttle a carefully crafted inter -municipal agreement, it would also
seriously undercut the Planning Board's power and authority, and would throw away a rare
opportunity for the Town to finally make Cornell responsible for more of its own traffic.
Keep in mind that the current enabling MOU is a legally -binding agreement that was signed by
Cornell, the County, and the Town. All parties agreed that the intersection realignment was possible
and desirable, and committed themselves to achieving it. Cornell's consultants (LaBella) have
subsequently come up with at least two plans for intersection realignment, including a schematic for a
roundabout and fairly complete plans for an awkward T intersection. Jeff Smith (County Highway
Director) seemed to be on board with the roundabout, but raised concerns after the T intersection
plans were developed. This may indicate that further work is necessary.
There is no "back -out" clause in the signed MOU if a County employee changes his mind and
belatedly expresses reservations about the concept. (There is also no "back -out" clause for Cornell,
now that they have built the NCRE project.) Yet Jeff Smith's recent reluctance to proceed is
apparently being used as justification for the Town Board to cancel the current governing MOU. To
be clear, under the terms of the MOU, Jeff Smith shares responsibility for coordinating and facilitating
intersection realignment, but he has no authority to modify or cancel the MOU. And he certainly has
no authority to modify or cancel any of the Planning Board's Conditions. But on Monday evening, the
Town Board will consider effectively granting him that authority.
In order to help you understand the background for this evening's decision, I am including a summary
of how this MOU originated, what it was supposed to accomplish, and progress toward that end. It is
drawn from various publicly available sources, and includes references and links so that you can
investigate further if anything piques your interest. I hope you find it useful. Tonight's discussion will
make a lot more sense if you are up to speed on this issue.
In conclusion, I respectfully urge you to not approve this evening's Resolution, but to instead proceed
with the MOU that is currently in force. This is the best way to ensure the Planning Board's continued
effectiveness, and to preserve the Town's credibility as a reliable partner in binding legal agreements
(whether inter -municipal or otherwise). And if it also results in some reduction in traffic through Forest
Home, then so much the better.
Thank you in advance for your careful consideration of this important matter.
Respectfully Submitted,
Bruce Brittain
Realignment of Pleasant Grove Road / Cradit Farm Drive Intersection
Bruce Brittain April 27, 2023
THE PROBLEM
Cornell -bound vehicles heading south on Pleasant Grove Road arrive on North Campus (golf
course and Hasbrouck Student Apartments on left, A -Lot and North Campus dorms on right),
then leave campus and pass through Forest Home in order to get to central campus. An internal
circulation road was needed in order to keep campus traffic on campus.
THE SOLUTION
As part of the original North Campus Residential Initiative (NCRI) back in 2000, the Town and
City Planning Boards required Cornell to construct a public road connecting North Campus to
central campus: Cradit Farm Drive. As part of the North Campus Residential Expansion (NCRE)
in 2019, the Town Planning Board required Cornell to encourage more drivers to take that road,
in preference to dropping down through Forest Home.
PROGRESS TO DATE
March 6, 2008: Cornell Master Plan for the Ithaca Campus
On March 6, 2008, the Cornell University Trustees Approved the Cornell Master Plan for the
Ithaca Campus. The Transportation and Circulation plan stated, in part "Cornell should also
reconfigure the intersection of Cradit Farm Drive at Pleasant Grove Road to create a natural
movement onto campus, especially for visitors, and discourage drivers from accessing the
campus through Forest Home. With the reconfiguration, vehicles traveling southbound along
Pleasant Grove Road would travel straight onto Cradit Farm Drive instead of having to make a
right turn." (p. 142)
April 2, 2019: Town of Ithaca Planning Board Meeting
Prior to Final Site Plan Approval for the NCRE, Cornell was required to submit to the Town
Planning Department "a fully executed Memorandum of Understanding (MOU) among the Town
of Ithaca, Tompkins County and Cornell University that affirms each entity's desire to realign the
intersection of Cradit Farm Drive and Pleasant Grove Road to direct traffic more readily to the
Cornell campus, and that contains schedule milestones for Cornell, at its own expense, to:
i. Hire consultants to oversee the project
ii. Develop preliminary and final project design documents in coordination with involved
parties
iii. Prepare construction documents
iv. Construct project"
In addition, "Prior to issuance of ANY certificates of occupancy for buildings located in the Town
of Ithaca," Cornell was required to submit to Tompkins County and the Town of Ithaca Planning
Department final construction drawings for the Cradit Farm Drive/Pleasant Grove Road
intersection realignment, as well as "proof satisfactory to the Attorney for the Town that Cornell
University has approved the realignment project and the expenditure necessary to complete the
project."
June 18, 2019: Town of Ithaca Planning Board Meeting
Prior to the issuance of Building Permits for the NCRE, the above requirements were reiterated:
Cornell was required to submit an MOU affirming each entity's desire to realign the intersection
in order to direct traffic more readily to the Cornell campus, together with a schedule for
developing preliminary and final designs in coordination with involved parties, and constructing
the project. Also that no certificates of occupancy would be issued until final construction plans
had been submitted and funding allocated.
August 9, 2019: Memorandum of Understanding
A Memorandum of Understanding (MOU) dated August 9, 2019 was signed by Jason Molino
(Tompkins County Administrator), F. F. Burgess, III (VP, Cornell University Facilities and Campus
Services), and William D. Goodman (Ithaca Town Supervisor). Paragraph 1 states in part
"Cornell, the County, and the Town hereby reaffirm their collective desire to realign the
intersection of Cradit Farm Drive and Pleasant Grove Road to direct traffic more readily to the
Cornell campus."
In addition, Paragraph 5 of the MOU states in part "The Parties agree to attempt in good faith
through their Representatives to resolve any dispute, claim or controversy arising out of the
Work or relating to this MOU through prompt, diligent, and candid communication and good
faith negotiation." And "Nothing herein shall, following a good faith attempt by the Senior
Executives to resolve the matter, limit or foreclose the rights and remedies available to any Party
for the enforcement of this MOU."
August 2, 2022: Town of Ithaca Planning Board Meeting
Bruce and Doug Brittain addressed the Board during Persons To Be Heard, expressing concern
whether Cornell would ever realign the intersection, and urging the Planning Board to keep the
pressure on Cornell to do so. Chris Balestra reassured the Board that "it is happening." Susan
Brock stated that "if for some reason Cornell did not want to follow a particular condition they
would have to come back to the Board and ask for a modification of the condition."
August 16, 2022: Town of Ithaca Planning Board Meeting
Bruce Brittain addressed the Board again, expressing concern that freshmen were moving in to
North Campus, and, as far as he knew, there was no actual design for the intersection
realignment. Bruce asked for "a public statement for the record of where we are, how we got
here, and how we move forward. How does the Town get back in charge of this intersection
realignment?"
Susan Brock stated that "the Town's engineers and highway people have been talking to Cornell,"
and that they were "looking at different proposals for how to realign that intersection," but that
she has "not heard an update in quite a while on that," and does not know "where that sits right
now." She seemed uncertain whether the conditions had been satisfied, even though the new
dorms were now being occupied.
Plans for Intersection Realignment
Various proposals have been explored by Cornell, including a traffic circle. The most recent
plans are shown on "Record Plans for the Cornell University North Campus Transportation
Improvements" prepared by LaBella Associates, and dated 11/17/2022. (Note that this is three
months after the dorms were already occupied.)
PROGRESS COMES TO A HALT
December 5, 2022: Memorandum from Jeff Smith
In a memorandum from Jeff Smith to Sue Ritter dated December 5, 2022, Jeff stated "The
Tompkins County Highway Department in review of the traffic counts has determined that the
best flow of traffic through the intersection exists in its present form. The County Highway does
not believe that any reconfiguration of the intersection is in the best interest of the traveling
public."
January 17, 2023: Town of Ithaca Planning Board Meeting
Sue Ritter announced that "at this time, the realignment is not going to go forward."
Although the purpose of the realignment was to direct more traffic onto Cradit Farm Drive, Sue
apparently assumed that most traffic would not be diverted, in spite of intersection realignment.
She then recast the recognized problem of commuter traffic traveling through Forest Home as
"lost parents that are going down Forest Home Drive," and indicated that a campus -wide
wayfinding signage plan would be sufficient to resolve this problem.
March 21, 2023: Town of Ithaca Planning Board Meeting
Bruce Brittain again addressed the Board, expressing concern that Cornell tells the Board what it
wants to hear, but now that NCRE has been built and occupied, Cornell would no longer hold up
its end of the bargain.
Susan Brock was emphatic in stating that the Town does not get pushed around by Cornell. She
thought that Cornell had met the conditions that the Planning Board set: submittal of their final
construction drawings and a letter committing all the money required for construction. The
issue is that the County highway superintendent said he wouldn't approve; he believed it wasn't
necessary to do any realignment (and it is a County road).
As a follow-up, I asked Town staff for a copy of Cornell's plans. Neither the Clerk's office nor the
Planning department had knowledge of having received a copy. But Paulette and C.J. were kind
enough to hunt down and forward one to me within a few days.
DISCUSSION
Jeff Smith is evidently not satisfied with Cornell's 11/17/22 intersection design proposal, saying
that it is not as good as what we have now. I can certainly understand his position; I also find
Cornell's proposed design to be poorly conceived. But it is going too far to claim that no design
could ever be acceptable. The fact that the MOU was signed by all parties indicates a strong
belief that an acceptable design is possible, as well as desirable. One poor design proposal does
not negate:
a) Cornell's Master Plan, and
b) A required condition set by the Planning Board, and
c) An MOU signed by the Town, Cornell and Tompkins County.
It may be that Cornell did not follow due diligence by incorporating input from all parties as
preliminary designs were drafted and explored, thereby leading to this impasse. However, the
directive to Cornell was to design and construct a new intersection alignment. It was not to
simply draft a couple of plans, then quit if one does not meet universal approval. If the design
that Cornell submitted is not acceptable, then it is Back To The Drawing Board. Proposing an ill-
considered intersection design does not relieve Cornell of its responsibility, and does not deprive
the Town of its authority. Paragraph 5 of the MOU makes this clear:
S. The Parties agree to attempt in good faith through their Representatives to resolve any
dispute, claim or controversy arising out of the Work or relating to this MOU through prompt,
diligent, and candid communication and good faith negotiation. However, in the event that any
serious dissatisfaction or unresolved dispute arises that threatens the timely completion of the
Work, then any Party may give notice to the others stating that it invokes this Paragraph 5 and
describing the basis for the serious dissatisfaction or dispute and its position on the matter in
detail ("Notice'). Upon the giving and receipt of such Notice, the Parties agree to refer the
matter to their respective senior executives ("Senior Executive'). The Senior Executive of all
Parties shall be different from, and a supervisor of the Representative(s) of the Party. The
Senior Executives shall meet as soon as possible with each other, but in any event within ten
(10) business days, and preferably in person, to discuss and resolve the matter in the shortest
amount of time practicable. This paragraph does not impose upon any Party any obligation
beyond that already agreed upon pursuant this MOU; rather it acknowledges the Parties'good
faith commitment to find a solution that is fair and beneficial to all Parties and guides the Work
and this MOU to a successful, timely conclusion. Nothing herein shall, following a good faith
attempt by the Senior Executives to resolve the matter, limit or foreclose the rights and
remedies available to any Party for the enforcement of this MOU.
19W0WNWL[if Dy
Cornell Master Plan for the Ithaca Campus, March 6, 2008
https://masterplan.cornell.edu/
See Cornell Master Plan Part 1, Number 4.f: Transportation & Circulation. (pdo
April 2, 2019 Town of Ithaca Planning Board Meeting Minutes (pp.16-19):
https://lfweb.tompkins-
co.org/WebLink/DocView.aspx?id=255835&dbid=9&repo=TownOflthaca
June 18, 2019 Town of Ithaca Planning Board Meeting Minutes (pp. 11-13):
https://lfweb.tompkins-
co.org/WebLink/DocView.aspx?id=255839&dbid=9&repo=TownOflthaca
August 2, 2022 Town of Ithaca Planning Board Meeting (Discussion begins at 1:16:34)
https://www.youtube.com/watch?v=7PY7u10uf30
August 16, 2022 Town of Ithaca Planning Board Meeting (Discussion begins at 2:22:14)
https:://www.youtube.com/watch?v=U3Z-vjrsllc
Record Plans for the Cornell University North Campus Transportation Improvements
prepared by LaBella Associates, and dated 11/17/2022.
Memorandum from Jeff Smith to Susan Ritter RE: Pleasant Grove Realignment, Dated
December 5, 2022
January 17, 2023 Town of Ithaca Planning Board Meeting (Discussion begins at 1:32:32)
https://www.youtube.com/watch?v=LYPwvWTYrMo
March 21, 2023 Town of Ithaca Planning Board Meeting (Discussion begins at 1:24:04)
https://www.youtube.com/watch?v=IoS-wu-Z6dQ
5/8/23, 8:27 AM
Fwd: Town Board Meeting Monday May 8 -Ashley Colbert - Outlook
rITITIT 0.007. M
Sally Grubb <sally.grubb@gmail.com>
Sun 5/7/2023 9:52 PM
To: Eric Levine <elevine@town.ithaca.ny.us>
Cc: Town Of Ithaca Clerks Department <clerks@town.ithaca.ny.us>
Dear Town Board,
I am extremely concerned to learn that the Town of Ithaca is now planning to break a legally -
binding agreement that Cornell signed with the Town and County to realign the intersection
between Pleasant Grove Road and Cradit Farm Drive as part of the North Campus Residential
Expansion project.
I understand that the Town Board plans to vote on a new Memorandum of
Understanding(MOU) that would release Cornell from any obligation to realign the intersection.
I can not believe this. The North Camps Residential Expansion project has vastly increased
traffic on Pleasant Grove Road (PGR) and down into Forest Home en route to Cornell via Forest
Home Drive or Judd Falls Road. Cradit Farm Drive(CFD) is a far better access route to Cornell
that doesn't entail traffic hold-ups at the downstream bridge. Forest Home Drive between the
two bridges is narrow with two tight corners which should be avoided by traffic wherever
possible. The legally -binding agreement between Cornell, the Town and the County to realign
the intersection between PGR and CFD was signed by all three parties for this purpose - to
prevent excessive increased traffic going through Forest Home.
Please vote against the signing of this new unilateral MOU.
Sally
Sally Grubb
Trustee Forest Home Chapel
Member League of Women Voters, Tompkins County
Ithaca, NY 14850
607 257-6017
607 279-9189 cell
GET INVOLVED.....
The World is run by
Those who show up
about: blan k?windowld=SecondaryReadi ngPane3 1/1
Dear Ithaca Town Board:
For over 10 years, numerous members of the Town Planning Board, the Town Board, officials at Cornell,
and Tompkins County have agreed that the intersection of Cradit Lane and Pleasant Grove Road should
be reconfigured to better direct traffic onto the Cornell Campus and away from the Forest Home
neighborhood. Now, one individual has declared that any reconfigured intersection is not "... in the best
interest of the traveling public." While the director of the County Highway Department can consider only
the needs of motorists, the Town Board must also consider the needs of pedestrians, cyclists, and the
residents of the Town.
The County Director of the Highway Department argues that the volume of traffic has not increased
since the expansion of North Campus. That may be, but the neighborhood was more concerned about
the construction of the Cornell parking garage on Forest Home Drive. We were told not to worry, that
the Cradit Lane intersection would be reconfigured to direct traffic onto campus and then to the parking
garage. So, the Director is not using the appropriate traffic count time frame. In any case, the current
volume of traffic into Forest Home is unacceptable and a new intersection will help. Cornell rebuilt the
entire Cradit Lane a few years ago, creating fine travel lanes, generous shoulders and good sidewalks. If
Cornell could afford that, they can easily afford the new intersection with Pleasant Grove.
Why is this issue so important to the Forest Home community? It is useful to recognize that Forest Home
was settled in the 1700s. While the roads were probably fine for horses and buggies, the larger vehicles
of today —and the dramatically increased volume of traffic to Cornell —cause serious safety issues. Most
of the neighborhood is boarded by a large stream and constrained by steep slopes, making adjustments
to the roadway difficult if not impossible. The only Town walkway is between two roads; there are no
Town sidewalks. Thus, walking and biking in Forest Home is nerve-wracking as well as dangerous.
The Town board should vote "NO" on the proposed resolution. If Cornell and the County wish to renege
on their commitments, that is on them. The Town should not join them in betraying the residents of the
Town of Ithaca.
Herb Engman
President, Forest Home Improvement Association
Paulette Rosa
From: Bruce Brittain <brucebrittain@verizon.net>
Sent: Monday, May 8, 2023 9:23 PM
To: Paulette Rosa
Subject: MOU for Pleasant Grove / Cradit Farm Intersection
Hi Paulette --
Can you please send this out to the Town Board?
Thank you very much! I hope Monday night's meeting didn't last too late....
Dear Town Board Members,
1. Thank you to those who spoke in favor of delaying a vote on the new MOU. And thank you to Rod
for moving Agenda Item No. 6 to the top of the list.
2. As Susan Brock indicated, the existing MOU from 2019 does indeed stipulate that construction will
take place. Intersection realignment is required, not merely something to be explored. See, for
example, Paragraph 2 (f) of the MOU, which calls for "Substantial completion of construction: October
30, 2023."
3. I'm not sure why anyone thinks it would be up to residents to see that an official Town contract is
enforced. The existing MOU spells out how any dissatisfaction, dispute or controversy is to be
resolved, and residents (and political pressure) are not mentioned. See paragraph 5 of
the MOU.
4. The MOU was the means by which the Planning Board's required Conditions were to be
implemented. Without the current MOU, the PB's conditions can not be met. So yes, the new MOU
would have effectively cancelled the PB's Conditions. How can this be interpreted as anything other
than undercutting the Planning Board?
--Bruce
1