HomeMy WebLinkAboutTB Packet 2025-07-14MEETING OF THE ITHACA TOWN BOARD
July 14, 2025 @ 5:30 p.m.
215 N. Tioga St
YouTube Link Zoom Link
AGENDA
1. Call to order and Pledge of Allegiance
2. Persons to be heard and Board Comments
3. Consider setting public hearings regarding proposed local laws amending Town of Ithaca
Code Chapter 17, “Lock boxes”; Chapter 18, “Notification of defects” and Chapter 270,
“Zoning” and regarding the Preliminary Southern Cayuga Lake Intermunicipal Water
Commission’s 2026 budget
4. Introduction of:
a. Proposed Local Law adding a Landmarks Preservation chapter to the Ithaca Town
Code and associated Intermunicipal Agreement with the City of Ithaca regarding a
Joint Ithaca Landmarks Preservation Commission
5. Consider approval and authorization to sign a Use and Occupancy Permit associated with
the Inlet Valley Serwer Project
6. Consider approval and authorization for a SOMRA agreement and easement associated
with the Maplewood II project
7. Consider Authorization to Apply for Funding through the 2025 Environmental Protection
Fund Grants Program for Historic Preservation of Town Hall
8. Consider approval of revised Fee Schedule
9. Consider Consent Agenda
a. Approval of Town Board Minutes
b. Approval of the Town of Ithaca Abstract
c. Approval of the Bolton Point Abstract
d. Approval of a Water/Sewer High Consumption Refund Request
e. Approval of permanent appointments – Engineering
f. Approval of revised job description – Director of Engineering
g. Ratify appointment of Water Treatment Plant Operator – SCLIWC
h. Acknowledge receipt of SCLIWC Independent Audit – 2024
10. Reports from Town Officials
11. Review of Correspondence
Item 3
MEETING OF THE ITHACA TOWN BOARD
July 14, 2025
TB Resolution 2025 - : Set public hearings regarding proposed local laws amending
Town of Ithaca Code Chapter 17 “Lock Boxes”, Chapter 18 “Notification of Defects” and
Chapter 270 “Zoning” and regarding adoption of the preliminary 2026 Budget for
SCLIWC
Resolved, that the Town Board will hold public hearings at their meeting on Monday, August 11,
2026, beginning at 5:30 p.m. at Town Hall, 215 N. Tioga St., and broadcast live via the ZOOM
platform (material and link available on the Town’s website), on the following actions:
1. Proposed adoption of local laws:
a. Repealing Chapter 17, “Lock Boxes”, as repetitive, and
b. Amending Chapter 18, “Notification of defects”, clarifying types of submissions
and updating certain processes, and
c. Amending Chapter 270, “Zoning”, Article XXVI, Special Regulations, regarding
short-term rentals uses and regulations in the Conservation Zone, and
2. Proposed adoption of the preliminary 2026 Budget for Southern Cayuga Lake
Intermunicipal Water Commission as the Final 2026 Budget
All people wishing to be heard shall be heard. Comments may also be submitted up to 4p.m. on
the day of the meeting by USPS or via email, and during the public hearing on the ZOOM
platform.
Moved: Seconded:
Vote:
1
MEMO
To: Town Board
Re.: Repealing Chapter 17 “Lock Boxes”
Date: July 14, 2025
It was discovered that this Chapter was never repealed. The requirement for lock boxes is now
under NYS Fire Code and at the discretion of the Director of Code Enforcement and this
contradicts that discretion.
*I can find no reference in the current Noise Chapter 184
Draft Local Law
TOWN OF ITHACA
LOCAL LAW NO. OF THE YEAR 2025
A LOCAL LAW REPEALING CHAPTER 175 “LOCK BOXES” OF THE TOWN OF
ITHACA CODE, REQUIRING LOCK BOXES
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 175 of the Town of Ithaca Code, titled “Lock Boxes” is hereby
repealed in its entirety.
Section 2. This local law shall take effect immediately upon its filing with the New York
State Secretary of State.
Current
Chapter 175
LOCK BOXES
§ 175-1.
§ 175-2.
§ 175-3.
§ 175-4.
Findings.
Definitions.
Applicability.
Attachment of lock box.
§ 175-5. Location and attachment of lock boxes.
§ 175-6. Retrofit requirement.
§ 175-7. Penalties for offenses.
[HISTORY: Adopted by the Town Board of the Town of Ithaca 6-12-1995 by L.L. No. 7-
1995. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 184.
2
§ 175-1. Findings.
A. The Town Board of the Town of Ithaca finds the use of alarm systems connected directly or
indirectly to an agency providing fire and other emergency responses is increasing within the
Town of Ithaca; and
B. On occasion such alarms have been erroneously activated when the premises are vacant or
under other circumstances where the Fire Department has been called to the premises or other
emergency personnel have responded and have been unable to obtain access to the premises to
turn off the alarm; and1
C. There have been other circumstances where alarms are connected to loud noise-making
devices such as bells or klaxons and it has not been possible to turn off such noise-making
alarms when they have been triggered by an erroneous signal; and
D. There are circumstances where an emergency such as a fire or burglary is in progress and a
non-forced entry to the premises would be desirable to react to the emergency; and
E. It would be desirable to provide for a method of access by emergency personnel under any of
the foregoing circumstances in a controlled manner.
§ 175-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ALARM SYSTEM — Any system by which notification of a possible fire is made, directly or
indirectly, to the Fire Department, or other emergency response entity or dispatcher or which
activates an audible signal that can be heard off of the property on which the premises are
located or a visual signal which can be seen off of the property on which the premises are
located.
LOCK BOX — A device as prescribed by the Town of Ithaca or the City of Ithaca Fire
Department in coordination with the Town of Ithaca Building and Zoning Enforcement Officer
in which shall be placed a key to the premises on which the box is located, access to which box
shall be limited and regulated so that a minimum number of persons shall have access to the key
that will open the box and a record is maintained at all times as to the person or persons who may
obtain access to the box.
§ 175-3. Applicability.
This chapter shall apply to all areas of the Town of Ithaca outside the Village of Cayuga Heights.
§ 175-4. Attachment of lock box.
Lock boxes shall be required for all new and existing buildings, other than one- or two-family
dwellings, that have an alarm system.
§ 175-5. Location and attachment of lock boxes.
3
Lock boxes shall be affixed to the structures in the manner detailed by the manufacturer and in a
location established by either the City of Ithaca Fire Department or the Town of Ithaca Building
Code and Zoning Enforcement Officer.
§ 175-6. Retrofit requirement.
Any building currently in existence to which this chapter shall apply shall have a period ending
July 1, 1996, within which to comply with the terms of this chapter.
§ 175-7. Penalties for offenses.
A violation of this chapter is hereby declared to be a Class B misdemeanor punishable in
accordance with the provisions of the Penal Law relating to the commission of misdemeanors. In
addition the Town Board of the Town may also maintain an action or proceeding in the name of
the Town in a court of competent jurisdiction to compel compliance with or to restrain by
injunction the violation of this chapter, notwithstanding that this chapter provides a penalty or
other punishment for such violation.
1
MEMO
To: Town Board
Re.: Clarifying methods of receipt - Notices of Defect in Town Code
Date: July 14, 2025
Issue being addressed – The Town has historically accepted notices of defect(s) via email. The
current Code does not make that clear and there have been recent court cases that highlighted this
in other municipalities.
Solution – Add language to make it clear that notification can be made via email and/or our
website contact options upon confirmation of receipt by the TC or HS.
*While drafting, other filing and retention verbiage was changed to align with current technology
and practices.
*Reference to supersession of existing State Law modified to reflect changes.
*General references to other chapters were checked; no effect.
Revised sections REVISED since by SB see attachment
§ 188-2. Transmission of notices.
For the purposes of this chapter, in addition to hard copy, “written notice” shall also include
submission of a notice of a defect via email, the town’s website, any service, website, or
application the town uses to allow the public to submit reports or service requests to the town
upon confirmation of receipt thereof by the Town Clerk or the Highway Superintendent/Director
of Public Works. The Highway Superintendent/Director of Public Works shall transmit all
written notices received by them to the Town Clerk within 10 days of the receipt thereof. The
Town Clerk shall distribute a copy of all written notices received by them to members of the Town
Board within 10 days of the receipt thereof and maintain an index of such notices, by location, for
a period of no less than five years from the date of receipt of said notice.
§ 188-3. Legislative authority; supersession of statute.
This chapter is adopted pursuant to §10, Subdivision 1(ii) d (3), of the Municipal Home Rule Law.
This chapter supersedes Town Law, Section §65-a to the extent this chapter is inconsistent with it.
3
Town Law 65a
(
TOWN OF ITHACA
LOCAL LAW NO.OF THE YEAR 2025
A LOCAL LAW AMENDING TOWN OF ITHACA CODE CHAPTER 270,ZONING,
ARTICLE XXVI,SPECIAL REGULATIONS,REGARDING SHORT-TERM RENTAL
USES REGULATIONS IN THE CONSERVATION ZONE
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1.Chapter 270 (Zoning),Article XXVI (Special Regulations)of the Town of
Ithaca Code,Section 270-219.7,titled “Short-tenn rental uses”is amended as follows:
A.The first sentence of Subsection D(l)is amended by adding the following provision
regarding Conservation Zones so that the first sentence of Subsection D(l)reads as
follows:',
'(1)Except in the Lakefront Residential Zone,and in the Conservation Zone in structures
that existed as of September 1,2025,short-term rental uses may occur only in a
dwelling unit that is the principal residence of at least one of the property owners,in
another dwelling unit on the same tax parcel as the principal residence,or in a
dwelling unit on no more than one adjacent tax parcel that is owned hy the same
owner(s).”
Section 2.Statement of Supersession.It is the intent of the Town Board,pursuant to
authority under New York State Municipal Home Rule Law §10(l)(ii)(d)(3),§10(l)(ii)(a)(14),
and §22 to supersede inconsistent provisions of the New York State Town Law.In particular,it
is the intent of the Town Board,pursuant to authority under sections 10 and 22 of the Municipal
Home Rule Law,to supersede inconsistent provisions of New York State Town Law relating to
uniformity.Without limitation,this local law hereby supersedes the New York State Town Law
§262,to the extent that the provisions of said section are inconsistent with any provision in this
local law.
Section 3.In the event that any portion of this law is declared invalid hy a court of
competent jurisdiction,the validity of the remaining portions shall not be affected by such
declaration of invalidity.
Section 4.This local law shall take effect on Septemher 1,2025.
.A
SOUTHERN CAYUGA LAKE
INTERMUNICIPAL WATER COMMISSION
2026 OPERATING BUDGET
2024 Actual 2025 Approved
2025 Budget
As Modified
Actual 1/1/25
to 5/31/25
Estimate for Dec.
31, 2025
2026 Department
Recommended
2026 Budget
Committee
Recommended
2026 Tentative
Budget
2026 Preliminary
Budget
REVENUES
2390 SHARE/JOINT ACTIVITY 4,960,777.74 5,649,250.00 5,649,250.00 1,551,464.00 5,649,250.00 5,899,189.00 5,899,189.00 5,899,189.00 5,899,189.00
2144 WATER SERVICE CHARGE 32,711.67 50,000.00 50,000.00 9,761.00 50,000.00 50,000.00 50,000.00 50,000.00 50,000.00
2144C CROSS CONNECTION FEES 15,681.50 15,000.00 15,000.00 16,847.00 15,000.00 15,000.00 15,000.00 15,000.00 15,000.00
2378 SERVICE TO OTHER GOVTS-MEMBERS 116,883.37 90,000.00 90,000.00 75,962.00 90,000.00 125,000.00 125,000.00 125,000.00 125,000.00
2401 INTEREST-TIME DEPOSITS 76,544.92 15,000.00 15,000.00 32,946.00 15,000.00 40,000.00 40,000.00 40,000.00 40,000.00
2590 PLUMB. PERMIT FEES 48,793.78 50,000.00 50,000.00 14,518.00 50,000.00 55,000.00 55,000.00 55,000.00 55,000.00
2665 SALES OF EQUIPMENT 59,715.00 12,000.00 12,000.00 0.00 12,000.00 20,000.00 20,000.00 20,000.00 20,000.00
2701 REFUNDS OF PRIOR YRS EXPENSES 0.00 1,000.00 1,000.00 0.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00
2770 MISC. REFUNDS ETC.18,841.40 12,000.00 12,000.00 21.00 12,000.00 12,000.00 12,000.00 12,000.00 12,000.00
5031 TRANSFER FROM OTHER FUNDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
599 APPROPRIATED FROM FUND BALANCE 0.00 1,000,000.00 1,000,000.00 0.00 1,000,000.00 0.00 0.00 0.00 0.00
TOTAL REVENUES 5,329,949.38 6,894,250.00 6,894,250.00 1,701,519.00 6,894,250.00 6,217,189.00 6,217,189.00 6,217,189.00 6,217,189.00
APPROPRIATIONS
9901 BOND PRIN. & INTEREST 272,282.00 271,920.00 271,920.00 271,920.00 271,920.00 268,614.00 268,614.00 268,614.00 268,614.00
8310 ADMINISTRATION 748,617.89 940,775.00 940,775.00 401,608.00 940,775.00 983,325.00 983,325.00 983,325.00 983,325.00
8320 SOURCE OF SUPPLY 340,784.69 384,235.00 384,235.00 143,543.00 384,235.00 445,035.00 445,035.00 445,035.00 445,035.00
8330 PURIFICATION 994,886.07 1,140,840.00 1,140,840.00 349,581.00 1,140,840.00 1,181,100.00 1,181,100.00 1,181,100.00 1,181,100.00
8340 TRANSMISSION/DISTRIB.814,770.00 967,830.00 967,830.00 394,446.00 967,830.00 1,031,865.00 1,031,865.00 1,031,865.00 1,031,865.00
9000 EMPLOYEE BENEFITS 756,314.43 988,650.00 988,650.00 328,884.00 988,650.00 1,107,550.00 1,107,550.00 1,107,550.00 1,107,550.00
9710 DEBT SERVICE (BOND PAYOFF)0.00 0.00 0.00 272,457.00 0.00 0.00 0.00 0.00 0.00
9950 CAPITAL PROJECTS 1,200,000.00 2,200,000.00 2,200,000.00 350,000.00 2,200,000.00 1,200,000.00 1,200,000.00 1,200,000.00 1,200,000.00
TOTAL APPROPRIATIONS 5,127,655.08 6,894,250.00 6,894,250.00 2,512,439.00 6,894,250.00 6,217,489.00 6,217,489.00 6,217,489.00 6,217,489.00
SOUTHERN CAYUGA LAKE
INTERMUNICIPAL WATER COMMISSION
2026 OPERATING BUDGET
2024 Actual 2025 Approved
2025 Budget As
Modified
Actual 1/1/25 to
5/31/25
Estimate for
Dec. 31, 2025
2026 Department
Recommended
2026 Budget
Committee
Recommended
2026 Tentative
Budget
2026 Preliminary
Budget
REVENUES
2144 Water Service Charges 32,711.67 50,000.00 50,000.00 9,761.00 50,000.00 50,000.00 50,000.00 50,000.00 50,000.00
2144C Cross-Connection Fees 15,681.50 15,000.00 15,000.00 16,847.00 15,000.00 15,000.00 15,000.00 15,000.00 15,000.00
2378 Service to Other Govts-Members 116,883.37 90,000.00 90,000.00 75,962.00 90,000.00 125,000.00 125,000.00 125,000.00 125,000.00
2390 Share/Joint Activity 4,960,777.74 5,649,250.00 5,649,250.00 1,551,464.00 5,649,250.00 5,899,189.00 5,899,189.00 5,899,189.00 5,899,189.00
2401 Interest-Time Deposits 76,544.92 15,000.00 15,000.00 32,946.00 15,000.00 40,000.00 40,000.00 40,000.00 40,000.00
2590 Permit Fees 48,793.78 50,000.00 50,000.00 14,518.00 50,000.00 55,000.00 55,000.00 55,000.00 55,000.00
2665 Sales of Equipment 59,715.00 12,000.00 12,000.00 0.00 12,000.00 20,000.00 20,000.00 20,000.00 20,000.00
2701 Refunds of Prior Years Expenses 0.00 1,000.00 1,000.00 0.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00
2770 Misc., refunds, etc.18,841.40 12,000.00 12,000.00 21.00 12,000.00 12,000.00 12,000.00 12,000.00 12,000.00
5031 Transfer From Other Funds 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total Revenue 5,329,949.38 5,894,250.00 5,894,250.00 1,701,519.00 5,894,250.00 6,217,189.00 6,217,189.00 6,217,189.00 6,217,189.00
OTHER SOURCES
599 Appropriated From Fund Balance 0.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 0.00 0.00 0.00 0.00
Total Other Sources 0.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 0.00 0.00 0.00 0.00
TOTAL REVENUE & OTHER SOURCES 5,329,949.38 6,894,250.00 6,894,250.00 2,701,519.00 6,894,250.00 6,217,189.00 6,217,189.00 6,217,189.00 6,217,189.00
NOTES
1. 2390 Share Joint Activity represents metered water sales revenue.
SOUTHERN CAYUGA LAKE
INTERMUNICIPAL WATER COMMISSION
2026 OPERATING BUDGET
2024 Actual 2025 Approved
2025 Budget
As Modified
Actual 1/1/25
to 5/31/25
Estimate for
Dec. 31, 2025
2026 Department
Recommended
2026 Budget
Committee
Recommended
2026 Tentative
Budget
2026 Preliminary
Budget
Debt Service:
9901.900 Transfer to V Fund 272,282.00 271,920.00 271,920.00 271,920.00 271,920.00 268,614.00 268,614.00 268,614.00 268,614.00
Total Principle & Interest 272,282.00 271,920.00 271,920.00 271,920.00 271,920.00 268,614.00 268,614.00 268,614.00 268,614.00
Total Debt Retirement 272,282.00 271,920.00 271,920.00 271,920.00 271,920.00 268,614.00 268,614.00 268,614.00 268,614.00
Administration:
8310.101 Personnel Services 307,514.54 412,800.00 412,800.00 142,100.00 412,800.00 445,000.00 445,000.00 445,000.00 445,000.00
8310.102 Admin Overtime 8,082.30 3,500.00 3,500.00 1,652.00 3,500.00 3,500.00 3,500.00 3,500.00 3,500.00
Total Personnel Services 315,596.84 416,300.00 416,300.00 143,752.00 416,300.00 448,500.00 448,500.00 448,500.00 448,500.00
8310.201 Equipment 8,081.48 41,400.00 41,400.00 3,394.00 41,400.00 40,450.00 40,450.00 40,450.00 40,450.00
8310.202 Vehicles 106,811.55 110,000.00 110,000.00 45,601.00 110,000.00 110,000.00 110,000.00 110,000.00 110,000.00
Total Equip 114,893.03 151,400.00 151,400.00 48,995.00 151,400.00 150,450.00 150,450.00 150,450.00 150,450.00
8310.401 Phone/Telemeter 30,750.35 34,375.00 34,375.00 12,879.00 34,375.00 34,580.00 34,580.00 34,580.00 34,580.00
8310.403 Natural Gas 10,660.34 16,000.00 16,000.00 7,510.00 16,000.00 16,000.00 16,000.00 16,000.00 16,000.00
8310.404 Gas & Oil 29,229.58 39,000.00 39,000.00 12,720.00 39,000.00 39,000.00 39,000.00 39,000.00 39,000.00
8310.405 Auditor & Attorney 16,205.00 23,700.00 23,700.00 9,360.00 23,700.00 25,200.00 25,200.00 25,200.00 25,200.00
8310.406 Consultants 35,092.05 23,500.00 23,500.00 12,337.00 23,500.00 24,000.00 24,000.00 24,000.00 24,000.00
8310.410 Office Supplies 3,415.07 5,200.00 5,200.00 1,078.00 5,200.00 5,700.00 5,700.00 5,700.00 5,700.00
8310.411 Printing & Post 21,735.63 21,575.00 21,575.00 13,200.00 21,575.00 23,875.00 23,875.00 23,875.00 23,875.00
8310.418 Equipment Maint.4,320.52 9,350.00 9,350.00 2,118.00 9,350.00 8,250.00 8,250.00 8,250.00 8,250.00
8310.419 Custodial Services 13,599.44 14,350.00 14,350.00 5,847.00 14,350.00 14,700.00 14,700.00 14,700.00 14,700.00
8310.433 Travel Schools 2,484.78 18,350.00 18,350.00 6,940.00 18,350.00 15,050.00 15,050.00 15,050.00 15,050.00
8310.435 Advertising 970.58 800.00 800.00 951.00 800.00 800.00 800.00 800.00 800.00
8310.436 Dues & Publications 3,380.96 3,500.00 3,500.00 653.00 3,500.00 3,840.00 3,840.00 3,840.00 3,840.00
8310.437 Data Processing 68,778.03 72,150.00 72,150.00 46,179.00 72,150.00 78,580.00 78,580.00 78,580.00 78,580.00
8310.438 Insurance 63,779.12 72,000.00 72,000.00 71,484.00 72,000.00 73,000.00 73,000.00 73,000.00 73,000.00
8310.440 Miscellaneous 6,377.37 7,625.00 7,625.00 2,069.00 7,625.00 9,450.00 9,450.00 9,450.00 9,450.00
8310 460 In-house Training 0.00 450.00 450.00 630.00 450.00 450.00 450.00 450.00 450.00
8310.461 Safety Program 7,349.20 11,150.00 11,150.00 2,906.00 11,150.00 11,900.00 11,900.00 11,900.00 11,900.00
Total Contractual 318,128.02 373,075.00 373,075.00 208,861.00 373,075.00 384,375.00 384,375.00 384,375.00 384,375.00
Total Admin 8310 748,617.89 940,775.00 940,775.00 401,608.00 940,775.00 983,325.00 983,325.00 983,325.00 983,325.00
SOUTHERN CAYUGA LAKE
INTERMUNICIPAL WATER COMMISSION
2026 OPERATING BUDGET
2024 Actual 2025 Approved
2025 Budget
As Modified
Actual 1/1/25
to 5/31/25
Estimate for
Dec. 31, 2025
2026 Department
Recommended
2026 Budget
Committee
Recommended
2026 Tentative
Budget
2026 Preliminary
Budget
Source of Supply:
8320.101 Personnel Services 126,308.16 133,500.00 133,500.00 49,521.00 133,500.00 150,000.00 150,000.00 150,000.00 150,000.00
8320.102 Overtime 43,067.27 33,800.00 33,800.00 18,192.00 33,800.00 35,000.00 35,000.00 35,000.00 35,000.00
Total Personal Services 169,375.43 167,300.00 167,300.00 67,713.00 167,300.00 185,000.00 185,000.00 185,000.00 185,000.00
8320.201 Equipment 9,748.23 5,500.00 5,500.00 4,230.00 5,500.00 17,000.00 17,000.00 17,000.00 17,000.00
Total Equip & Maint 9,748.23 5,500.00 5,500.00 4,230.00 5,500.00 17,000.00 17,000.00 17,000.00 17,000.00
8320.402 Electric Power 118,869.14 122,000.00 122,000.00 54,465.00 122,000.00 150,000.00 150,000.00 150,000.00 150,000.00
8320.408 Clothing, Boots 983.71 1,950.00 1,950.00 97.00 1,950.00 2,150.00 2,150.00 2,150.00 2,150.00
8320.412 Tools, Equip. P 8,533.80 9,975.00 9,975.00 2,181.00 9,975.00 9,375.00 9,375.00 9,375.00 9,375.00
8320.421 Maint B. P Systems 1,110.37 42,750.00 42,750.00 479.00 42,750.00 42,750.00 42,750.00 42,750.00 42,750.00
8320.422 Maint. T&V System 30,894.01 32,760.00 32,760.00 14,078.00 32,760.00 33,760.00 33,760.00 33,760.00 33,760.00
8320.433 Travel & School 1,270.00 2,000.00 2,000.00 300.00 2,000.00 5,000.00 5,000.00 5,000.00 5,000.00
Total Source Contractual 161,661.03 211,435.00 211,435.00 71,600.00 211,435.00 243,035.00 243,035.00 243,035.00 243,035.00
Total Source 8320 340,784.69 384,235.00 384,235.00 143,543.00 384,235.00 445,035.00 445,035.00 445,035.00 445,035.00
SOUTHERN CAYUGA LAKE
INTERMUNICIPAL WATER COMMISSION
2026 OPERATING BUDGET
2024 Actual
2025
Approved
2025 Budget
As Modified
Actual 1/1/25
to 5/31/25
Estimate for
Dec. 31, 2025
2026 Department
Recommended
2026 Budget
Committee
Recommended
2026 Tentative
Budget
2026 Preliminary
Budget
Purification:
8330.101 Personnel Services 482,668.59 528,500.00 528,500.00 178,428.00 528,500.00 575,000.00 575,000.00 575,000.00 575,000.00
8330.102 Overtime 21,455.66 25,000.00 25,000.00 6,153.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00
Total Personal Services 504,124.25 553,500.00 553,500.00 184,581.00 553,500.00 600,000.00 600,000.00 600,000.00 600,000.00
8330.201 Equipment 16,720.18 10,500.00 10,500.00 2,852.00 10,500.00 20,000.00 20,000.00 20,000.00 20,000.00
Total Equip & Supplies 16,720.18 10,500.00 10,500.00 2,852.00 10,500.00 20,000.00 20,000.00 20,000.00 20,000.00
8330.402 Electric Power 165,275.93 186,000.00 186,000.00 71,309.00 186,000.00 200,000.00 200,000.00 200,000.00 200,000.00
8330.408 Clothing Boot 4,135.26 5,550.00 5,550.00 492.00 5,550.00 5,850.00 5,850.00 5,850.00 5,850.00
8330.412 Tools/Equip Parts 2,553.86 7,750.00 7,750.00 2,275.00 7,750.00 8,350.00 8,350.00 8,350.00 8,350.00
8330.415 Treatment Supplies 108,459.79 136,000.00 136,000.00 54,085.00 136,000.00 136,000.00 136,000.00 136,000.00 136,000.00
8330.416 Lab Supplies 60,097.76 39,415.00 39,415.00 12,597.00 39,415.00 46,700.00 46,700.00 46,700.00 46,700.00
8330.418 Equipment Maint.72,816.19 94,600.00 94,600.00 12,285.00 94,600.00 96,800.00 96,800.00 96,800.00 96,800.00
8330.419 Buildings & Grounds 54,968.11 102,275.00 102,275.00 6,801.00 102,275.00 62,900.00 62,900.00 62,900.00 62,900.00
8330.433 Travel & Schools 5,734.74 5,250.00 5,250.00 2,304.00 5,250.00 4,500.00 4,500.00 4,500.00 4,500.00
Total Contractual 474,041.64 576,840.00 576,840.00 162,148.00 576,840.00 561,100.00 561,100.00 561,100.00 561,100.00
Total Purification 8330 994,886.07 1,140,840.00 1,140,840.00 349,581.00 1,140,840.00 1,181,100.00 1,181,100.00 1,181,100.00 1,181,100.00
SOUTHERN CAYUGA LAKE
INTERMUNICIPAL WATER COMMISSION
2026 OPERATING BUDGET
2024 Actual
2025
Approved
2025 Budget
As Modified
Actual 1/1/25
to 5/31/25
Estimate for
Dec. 31, 2025
2026 Department
Recommended
2026 Budget
Committee
Recommended
2026 Tentative
Budget
2026 Preliminary
Budget
Transmission & Distribution:
8340.101 Personnel Services 550,950.75 600,600.00 600,600.00 223,380.00 600,600.00 653,300.00 653,300.00 653,300.00 653,300.00
8340.102 Overtime 25,660.86 20,000.00 20,000.00 10,667.00 20,000.00 25,000.00 25,000.00 25,000.00 25,000.00
Total Personal Services 576,611.61 620,600.00 620,600.00 234,047.00 620,600.00 678,300.00 678,300.00 678,300.00 678,300.00
8340.201 Equipment 25,618.92 22,500.00 22,500.00 4,620.00 22,500.00 8,700.00 8,700.00 8,700.00 8,700.00
Total Equip & Maint 25,618.92 22,500.00 22,500.00 4,620.00 22,500.00 8,700.00 8,700.00 8,700.00 8,700.00
8340.402 Electric Power 127,828.46 141,100.00 141,100.00 63,568.00 141,100.00 150,000.00 150,000.00 150,000.00 150,000.00
8340.403 Natural Gas 833.09 1,200.00 1,200.00 590.00 1,200.00 1,200.00 1,200.00 1,200.00 1,200.00
8340.408 Clothing, Boots 5,980.04 7,100.00 7,100.00 2,755.00 7,100.00 7,300.00 7,300.00 7,300.00 7,300.00
8340.412 Tools/Equip Parts 2,052.55 8,480.00 8,480.00 874.00 8,480.00 10,015.00 10,015.00 10,015.00 10,015.00
8340.418 Vehicle Equip Maint 8,876.04 14,600.00 14,600.00 17,017.00 14,600.00 15,750.00 15,750.00 15,750.00 15,750.00
8340.421 Maint B.P. System 21,764.41 50,750.00 50,750.00 19,895.00 50,750.00 50,750.00 50,750.00 50,750.00 50,750.00
8340.422 Maint T&V Systems 28,990.16 54,350.00 54,350.00 26,388.00 54,350.00 55,000.00 55,000.00 55,000.00 55,000.00
8340.424 Meters 6,733.76 33,200.00 33,200.00 19,914.00 33,200.00 39,250.00 39,250.00 39,250.00 39,250.00
8340.433 Travel & School 3,427.30 6,450.00 6,450.00 917.00 6,450.00 6,600.00 6,600.00 6,600.00 6,600.00
8340.442 Mapping 6,053.66 7,500.00 7,500.00 3,861.00 7,500.00 9,000.00 9,000.00 9,000.00 9,000.00
Total Contractual 212,539.47 324,730.00 324,730.00 155,779.00 324,730.00 344,865.00 344,865.00 344,865.00 344,865.00
Total Distribution 8340 814,770.00 967,830.00 967,830.00 394,446.00 967,830.00 1,031,865.00 1,031,865.00 1,031,865.00 1,031,865.00
SOUTHERN CAYUGA LAKE
INTERMUNICIPAL WATER COMMISSION
2026 OPERATING BUDGET
2024 Actual 2025 Approved
2025 Budget As
Modified
Actual 1/1/25
to 5/31/25
Estimate for
Dec. 31, 2025
2026 Department
Recommended
2026 Budget
Committee
Recommended
2026 Tentative
Budget
2026 Preliminary
Budget
Employee Benefits:
9010.800 State Retirement 194,712.00 260,000.00 260,000.00 50,330.00 260,000.00 295,000.00 295,000.00 295,000.00 295,000.00
9030.800 Social Security 117,266.72 135,000.00 135,000.00 46,271.00 135,000.00 146,400.00 146,400.00 146,400.00 146,400.00
9040.800 Workers Comp 32,614.00 39,000.00 39,000.00 30,923.00 39,000.00 36,000.00 36,000.00 36,000.00 36,000.00
9045.800 Life Insurance 3,217.50 3,900.00 3,900.00 1,678.00 3,900.00 4,000.00 4,000.00 4,000.00 4,000.00
9050.800 Unemployment Ins 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
9055.800 Disability Insurance 2,309.68 2,800.00 2,800.00 1,204.00 2,800.00 3,200.00 3,200.00 3,200.00 3,200.00
9060.800 Health Insurance 398,727.31 539,000.00 539,000.00 198,079.00 539,000.00 613,000.00 613,000.00 613,000.00 613,000.00
9089.800 Wellness Reimbursement 6,932.90 8,250.00 8,250.00 0.00 8,250.00 9,250.00 9,250.00 9,250.00 9,250.00
9089.801 Wellness Direct Expenses 534.32 700.00 700.00 399.00 700.00 700.00 700.00 700.00 700.00
Total Employee Ben. 9000 756,314.43 988,650.00 988,650.00 328,884.00 988,650.00 1,107,550.00 1,107,550.00 1,107,550.00 1,107,550.00
Other Debt Service:
9710 Debt Service (Bond Payoff)0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total Appropriations 3,655,373.08 4,422,330.00 4,422,330.00 1,618,062.00 4,422,330.00 4,748,875.00 4,748,875.00 4,748,875.00 4,748,875.00
Total Debt Retirement Expense 272,282.00 271,920.00 271,920.00 271,920.00 271,920.00 268,614.00 268,614.00 268,614.00 268,614.00
Total Appropriations & Debt Ret.3,927,655.08 4,694,250.00 4,694,250.00 1,889,982.00 4,694,250.00 5,017,489.00 5,017,489.00 5,017,489.00 5,017,489.00
Other Uses:
9950.900
(Transfer to Capital Funds)
Capital replacement program 1,200,000.00 2,200,000.00 2,200,000.00 350,000.00 2,200,000.00 1,200,000.00 1,200,000.00 1,200,000.00 1,200,000.00
Total Capital Projects 1,200,000.00 2,200,000.00 2,200,000.00 350,000.00 2,200,000.00 1,200,000.00 1,200,000.00 1,200,000.00 1,200,000.00
TOTAL OTHER USES 1,200,000.00 2,200,000.00 2,200,000.00 350,000.00 2,200,000.00 1,200,000.00 1,200,000.00 1,200,000.00 1,200,000.00
TOTAL APPROPRIATIONS
AND OTHER USES 5,127,655.08 6,894,250.00 6,894,250.00 2,239,982.00 6,894,250.00 6,217,489.00 6,217,489.00 6,217,489.00 6,217,489.00
1
To: Town Board Members
From: C.J. Randall, Director of Planning
Date: July 9, 2025
Subject: Historic Preservation Program – implementation update (revised)
In Brief
Since 2020, the Town has been working in cooperation with the City of Ithaca to establish a shared Town and City
historic preservation program; this program is intended to create a process for identifying and designating
significant Town historic properties and districts alongside the formation of a joint City and Town of Ithaca
Landmarks Preservation Commission. Preserving, enhancing, and promoting the Town’s historical resources is one
of the eleven policy areas of the Town’s 2014 Comprehensive Plan.
Next Steps
1. Public engagement and coordination with internal stakeholders – anticipated August 2025
The City and Town held a virtual public information session on October 21, 2021 , presented by City of
Ithaca Historic Preservation and Neighborhood Planner Bryan McCracken:
https://www.youtube.com/watch?v=FSEAJKljNwU. The Town intends to record an updated webinar and
launch the Town Historic Preservation webpage (which was developed by the 2024 Planning summer intern
Daniel Winters in anticipation of the implementation of the Historic Preservation Program).
2. Landmarks Ordinance/Law Adoption (City/Town) and adoption of Intermunicipal Agreement (MOU)
Regarding Joint Ithaca Landmarks Preservation Commission – September 2025
(City/Town) adopt ordinance/law establishing a preservation program in the Town and creating the Joint
Commission; the Intermunicipal Agreement (MOU) provides staff support for the program and Commission
o Local Law review by Town Board (concurrent parallel process in the City)
o Identify and coordinate appointment of Town Commission members
o Coordinate New York State Historic Preservation Office (SHPO) review of revised Landmarks
Ordinance as required by Certified Local Government (CLG) program
o Hold Public Hearing
3. Certified Local Government Application (Town only) – anticipated Q4 2025
Coordinate the Town’s application to become a Certified Local Government
o Complete application and collect documentation
o Submit application to SHPO for review and approval
Please contact me with any questions or concerns at cjrandall@townithacany.gov or 607-882-2474.
# # #
Chapter 228, Landmarks Preservation, of the Municipal Code of the
[City/Town] of Ithaca
§ 228-1 Title
This chapter shall be known and may be cited as the
“(Town/City) of “Ithaca Landmarks Preservation Ordinance/Law.”
§ 228-2 Purpose.
The purpose of this chapter is to:
A. Promote the educational, cultural, economic, and general
welfare of the public through the protection, enhancement and
perpetuation of buildings, structures, landscape features,
archeological sites, and districts of historic and cultural
significance.
B. Safeguard the [City’s/Town’s] historic, aesthetic, and
cultural heritage as reflected in such buildings, structures,
landscape features, archeological sites, and districts.
C. Protect the value of historic resources and their owners’
investment in them, and stabilize historic neighborhoods.
D. Foster civic pride in the legacy of beauty and achievements of
the past.
E. Protect and enhance the [City’s/Town’s] attractiveness to
tourists and visitors and the support and stimulus to the
economy thereby provided.
F. Strengthen the economy of the [City/Town].
G. Promote the use of buildings, structures, landscape features,
archeological sites, and districts of historic and cultural
significance as sites for the education, pleasure, and welfare
of the people of the [City/Town].
H. Insure the harmonious, orderly, and efficient growth and
development of the [City/Town].
I. Address the impacts of climate change and promote
sustainability initiatives by encouraging the continued use
and/or adaptive reuse of the existing built environment,
reducing material waste, and capturing embodied carbon.
§ 228-3 Ithaca Landmarks Preservation Commission
A. To effectuate the goals this chapter, there is hereby
established in and for the City of Ithaca (“City”) and Town
of Ithaca (“Town”) a joint Commission to be known as the
Ithaca Landmarks Preservation Commission (“Commission”).
B. The Commission shall have the powers and duties described in
this chapter with respect to properties designated under
this chapter. Properties located entirely within the
boundaries of the City, including Town-owned properties,
shall be considered City Historic Resources. Properties
located entirely within the boundaries of the Town,
including City-owned properties, shall be considered Town
Historic Resources. Properties with structures that cross
the municipal boundary between the City and Town shall be
considered City Historic Resources if 50% or more of the
total building square footage is located within the
boundaries of the City and Town Historic Resources if more
than 50% of the total building square footage is located
within the boundaries of the Town.
2
C. With the exception of the powers and duties granted to the
Commission under this chapter, this chapter shall not be
construed to create any power or obligation for the City or
any of its officials, officers, appointees, or employees to
take any action with respect to a Town Historic Resource or
to assume any liability relating to a Town Historic
Resource, nor shall this chapter be construed to create any
power or obligation for the Town or any of its officials,
officers, appointees, or employees to take any action with
respect to a City Historic Resource or to assume any
liability relating to a City Historic Resource.
§228-4 Membership, Appointment, and Compensation.
A. Membership. The Commission shall consist of seven members
plus two alternates, all of whom shall possess a
demonstrated significant interest in and commitment to the
field of historic preservation as evidenced by their
involvement in a local, state, or national historic
preservation group; employment; education; or volunteer
activity in furtherance of historic preservation.
B. Appointment. Members of the Commission shall be appointed
as follows:
1. Five members shall be appointed by the Mayor with
the advice and consent of the Common Council.
2. Two members shall be appointed by the Town
Supervisor with the advice and consent of the Town
Board.
3. At least three of the seven Commission members shall
possess professional qualifications evidencing
expertise in historic preservation, history,
architecture, landscape architecture, city planning,
or building construction. At least two such members
shall be appointed by the Mayor as provided in
subsection 1 above and at least one such member
shall be appointed by the Town Supervisor as
provided in subsection 2 above.
4. In appointing the remaining members, preference
shall be given to individuals who reside within
locally designated historic districts or landmarks,
and/or who possess demonstrated expertise in a
commercial or business activity, including, but not
limited to, banking, real estate, construction, or
law.
5. Two alternates shall also be appointed: one by the
Mayor as provided in subsection 1 and one by the
Town Supervisor as provided in subsection 2.
Alternate members shall have any of the
qualifications outlined in subsection 3 or 4.
C. Terms. The members of the Commission shall serve three-year
terms. The initial terms of the members of the Commission
following the effective date of this Chapter shall be two for
one year, two for two years and three for three years, from
January 1 following the effective date of this Chapter, or
until their successor is named to serve out the unexpired
portion of their term of appointment, or until their successor
3
is appointed to serve for a term of three years following the
expiration of the initial term. The Town shall appoint one
member for an initial two-year term and one member for an
initial three-year term; the remaining members shall be
appointed by the City. Alternate members shall serve three-year
terms.
D. Vacancies. Vacancies occurring in the Commission other than
by expiration of term of office shall be filled by
appointment by the Mayor or Town Supervisor, depending on
the original appointment process for the vacated seat. Such
appointment shall be only for the unexpired portion of the
term of that member.
E. Reappointment. Members may serve for more than one term,
and each member shall serve until the appointment of a
successor or until the resignation, incapacity, or death of
the member.
F. Method of selection to fill vacancies. Vacancies occurring
by expiration of term of office shall be filled by the
Mayor or the Town Supervisor, depending on the original
appointment process for the vacated seat, as provided in
subsection B.
G. Compensation. Members shall serve without compensation.
H. Quorum. A simple majority of the duly appointed and serving
members of the Commission shall constitute a quorum for the
transaction of business. Vacant seats and alternate member
seats shall not be considered when calculating the number
of members necessary for a quorum, although alternate
members present shall be counted in the determination of
whether a quorum is present. Notwithstanding the foregoing,
at least three members (regular members plus any alternate
members in attendance) must be present to constitute a
quorum. A member’s absence or inability to attend shall not
be considered a vacancy for the purposes of determining a
quorum.
§228-5 Organization.
A. Officers. The Commission shall elect from its membership a
Chairperson and a Vice Chairperson whose terms of office
shall be fixed by the Commission, but in no event shall
exceed the term of their appointment to the Commission. The
Chairperson shall preside over the Commission and shall
have the right to vote. The Vice Chairperson shall perform
the duties of the Chairperson in cases of the Chairperson’s
absence or recusal, or inability for any other reason to
perform their duties.
B. Alternates. The Chairperson, or in their absence, the Vice-
chairperson, shall designate an alternate to serve when a
regular member is unable or unwilling to vote because of a
conflict of interest, recusal, absence, abstention, or any
other reason. When so designated, the alternate shall
possess all the powers and responsibilities of the regular
member. Alternates shall be designated at the time of their
appointment as “City Alternate” and “Town Alternate” and
shall be designated to serve on a rotating basis beginning
with the City Alternate. If one alternate is unable to
4
attend a meeting or has not been appointed, the other
alternate shall instead be designated to serve. If two
regular members are unable or unwilling to vote because of
a conflict of interest, recusal, absence, abstention, or
any other reason, both alternates may be designated.
C. Secretary. The Director of Planning and Development for the
City of Ithaca or their designee shall serve as the
Secretary to the Commission. The Secretary shall keep a
record of all resolutions, proceedings, and actions of the
Commission, and shall have the authority to act as provided
for in [§228-7C of the City Municipal Code].
§228-6 Training and attendance requirements
A. Each member of the Commission shall complete, at a minimum,
four hours of training each year relating to historic
preservation or the other duties of the Commission. Training
received by a member in excess of four hours in any one year
may be carried over by the member into succeeding years in
order to meet this requirement, except that no previously
completed training shall carry over beyond the expiration of
a member’s appointed term. Such training may include, but
not be limited to, training or relevant substantive
programming, including conferences, speeches and other
presentations, as provided by a municipality, regional or
county planning office or Commission, county planning
federation, state agency, statewide municipal association,
college, recognized preservation-focused organization, or
other similar entity. Training may be provided in any
format, including but not limited to electronic media, video
or teleconference, distance learning, and traditional
classroom training.
B. Each member shall keep a record of their completed trainings
and shall provide a copy of said record to the Secretary of
the Commission annually or upon request.
C. To be eligible for reappointment to the Commission, a member
shall have completed the required number of hours of
training.
D. No decision of the Commission shall be voided or declared
invalid because of one or more members’ failure to comply
with this subdivision.
§228-7 Powers and Duties.
The powers of the Commission shall include:
A. Adoption of criteria for the identification of significant
historic, architectural, and cultural landmarks and for the
delineation of historic districts;
B. Conduct of surveys of significant historic, architectural,
and cultural landmarks and historic districts within the
City and Town;
C. Recommending designation by Common Council and/or the Town
Board of identified structures or resources as landmarks
and historic districts;
D. Adoption of criteria for the evaluation of applications for
a Certificate of Appropriateness;
5
E. Approval or disapproval of proposals for exterior change
resulting from applications for a Certificate of
Appropriateness pursuant to this chapter;
F. Approval or disapproval of applications for a Finding of
Economic Hardship pursuant to this chapter;
G. Making recommendations to the City and Town concerning the
acquisition of preservation easements or other interests in
real property as necessary to carry out this chapter;
H. Increasing public awareness of the value of historic,
cultural, and architectural preservation by developing and
participating in public education programs;
I. Making recommendations to the City and Town concerning the
utilization of state, federal, or private funds to promote
the preservation of landmarks and historic districts within
the City and Town;
J. Recommending acquisition of a landmark structure by the
City or Town where its preservation is essential to the
purposes of this chapter and where private preservation is
not feasible;
K. Preparing a report or recommendation to other municipal
boards and committees regarding plans and proposals that
could have an impact on designated or potentially eligible
individual landmarks and/or historic districts;
L. Delegation of work to staff and professional consultants as
necessary to carry out the duties of the Commission, within
the budget provided therefore by the City and Town and (for
professional consultants) pursuant to contracts approved by
the City and Town.
§228-8 Promulgation of Rules; Meetings.
The Commission shall adopt rules for the transaction of its
business, which shall provide for the time and place of
holding regular meetings. Regular meetings shall be held at
least once each month. The Commission’s rules shall provide
for the calling of special meetings by the Chairperson or by a
majority of the duly appointed and serving members of the
Commission. All regular and special meetings of the Commission
shall be open to the public, and any person shall be entitled
to appear and be heard on a matter before the Commission
before it reaches its decision.
§228-9 Records and Annual Report.
The Commission shall keep a record, which shall be open to the
public view to the extent required by the Freedom of
Information Law, of its resolutions, proceedings, and actions.
The vote or failure to vote of each member shall be recorded.
The concurring affirmative vote of a majority of those members
present shall constitute approval of plans before the
Commission for review or for the adoption of any resolution,
motion, or other action of the Commission. Notwithstanding the
foregoing, a minimum of three affirmative votes shall be
required to constitute approval of plans before the Commission
for review or for the adoption of any resolution, motion, or
other action of the Commission. The Commission shall submit an
annual report of its activities to the City Manager, Common
6
Council, Town Supervisor, and Town Board and make such
recommendations to the Common Council and Town Board as it
deems necessary to carry out the purposes of this chapter.
§228-10 Committees.
The Commission may, by rule, establish permanent or ad hoc
committees consisting of no fewer than three current members
of the Commission for assignments delegated by the full
Commission.
§228-11 Cooperation of Municipal Departments.
As an aid toward cooperation in matters which concern the
integrity of the designated landmarks and historic districts,
all [City/Town] departments shall, upon request, furnish to
the Commission, within a reasonable time, the available maps,
plans, reports, and statistical or other information the
Commission may require for its work.
§228-12 Designation of Individual Landmarks and Historic Districts
The Commission is responsible for recommending to Common Council and
the Town Board the designation of identified structures or resources
as individual landmarks and historic districts as herein defined
(collectively, “historic resources”) within the City and Town. The
final decision to designate or not to designate a recommended
structure or resource shall be at the sole discretion of the
governing body of the City (for City Historic Resources) or of the
Town (for Town Historic resources).
A. Individual Landmark: The Commission may recommend designation
of an individual property, which shall include both the
structure(s) and the tax parcel(s) on which it is situated, if
it:
1. Possesses special character or historic or aesthetic
interest or value as part of the cultural, political,
economic, or social history of the locality, region,
state, or nation; or
2. Is identified with historically significant person(s) or
event(s); or
3. Embodies the distinguishing characteristics of an
architectural style; or
4. Is the work of a designer whose work has significantly
influenced an age; or
5. Represents an established and familiar visual feature of
the community by virtue of its unique location or
singular physical characteristics.
B. Historic district: The Commission may recommend such
designation of a group of properties, which shall include both
contributing and non-contributing structures and the tax
parcels on which they are situated, as a historic district if
the group:
1. Consists primarily of properties which meet one or more
of the criteria for designation as an individual
landmark; and
2. Constitutes a distinct section or neighborhood of the
municipality by reason of possessing those qualities
that would satisfy such criteria.
7
3. Is located entirely within the boundaries of either the
City or the Town, although nothing shall preclude the
designation of adjacent historic districts along the
municipal boundary with shared qualities satisfying the
above-stated criteria.
C. Recommendations for designation of individual landmarks and
historic districts must be accompanied by such historical and
architectural information as may be required to make an
informed recommendation.
§ 228-13 Notice and Hearing Requirements for Proposed Designations
Recommendations
A. The Commission shall send notice of a proposed Commission
recommendation of designation to the owner(s) of the property
or properties proposed for designation, describing such
property, or for a district, the proposed district boundary,
and announcing a public hearing by the Commission to consider
the designation recommendation. Notice shall also be sent to
the relevant municipality and shall be published at least once
in that municipality’s official newspaper at least 15 days
prior to the date of the public hearing.
B. Once the Commission has issued official notice of a proposed
recommendation of designation, no building permits or
demolition permits [for the Town: no building permits
(including building permits for demolition)] shall be issued
by the appropriate municipality until either the Commission
decides not to make said recommendation or said recommendation
has been acted upon by Common Council or the Town Board, as
applicable, but in any event no longer than 90 days after
completion of the public hearing required by subsection C
below, unless:
1. The permit is for work that is of an emergency
nature, as determined by the [Director of Planning and
Development or Fire Chief (for proposed designations in
the City) or Town Director of Code Enforcement (for
proposed designations in the Town)], as applicable, or
2. The property owner voluntarily complies with the
Certificate of Appropriateness review process.
C. The Commission shall hold a public hearing prior to making a
decision on whether to recommend any proposed historic
resource for designation. Notice of the public hearing shall
be published at least once in the [City’s/Town’s] official
newspaper at least 15 days prior to the date of the public
hearing. The notice shall specify the time and place of the
public hearing, a brief description of the proposed
designation, and the location where the proposal may be
reviewed prior to the hearing. Property owners and any other
interested parties may present testimony or documentary
evidence at the hearing which will become part of a record
regarding the historic, architectural, or cultural importance
of the proposed historic resource. The record may also contain
information from the Commission, staff reports, public
comments, expert testimony, or other evidence offered outside
of, but prior to, the hearing.
8
D. If the Commission makes a recommendation of designation of a
proposed historic resource, within seven days after it has
made said recommendation, the Commission shall file a copy of
such recommended designation with the [Planning and
Development Board/Planning Board] and with the [Common
Council/Town Board].
E. Within 60 days of the Commission recommending designation, the
[Planning and Development Board/Planning Board] shall file a
report with the [Common Council/Town Board] with respect to
the relation of such proposed designation to the Comprehensive
Plan, the zoning laws, projected public improvements, and any
plans for the renewal of the site or area involved.
F. The [Council/Town Board] shall, within 90 days of said
Commission recommendation of designation, approve or
disapprove the recommendation, or refer the recommended
designation back to the Commission for modification. The
[Council's/Town Board’s] review shall be based on the record
that was before the Commission, the report of the [Planning
and Development Board/Planning Board], and the designation
criteria contained in this chapter. The [Council/Town Board]
shall set forth in writing its specific reasons for approval
or disapproval, and the City/Town Clerk shall maintain a
record of the determination.
G. Any designation approved by the [Council/Town Board] shall be
in effect on and after the date of approval by the
[Council/Town Board].
§ 228-14 Certificate of Appropriateness for Alteration, Demolition,
or New Construction Affecting Historically Designated Properties
As set forth in §228-7, the Commission is responsible for the
approval or disapproval of proposals for exterior changes to a
designated historic resource. A Certificate of Appropriateness
or Finding of Economic Hardship from the Commission, approval
by the Commission’s Secretary pursuant to §228-17(C), or order
of the [Director of Planning and Development, Superintendent
of Public Works or Fire Chief (for the City), or Director of
Code Enforcement (for the Town)] pursuant to §228-23 must be
obtained prior to:
A. Undertaking any exterior alteration, restoration,
reconstruction, demolition, new construction, or moving of
an individual landmark or property within a historic
district; or
B. Making any change in the exterior appearance of such
property, its site, its light fixtures, signs, sidewalks,
fences, steps, paving, or other exterior elements.
Any alteration made in the absence of such required approvals
must be reviewed retroactively by the Commission, applying the
criteria for approval set forth in §228-16 and §228-20 as
though the work had not yet been completed. All changes to
property owned by the City or Town affecting a historic
resource shall be subject to the provisions of this Chapter.
§228-15 Temporary Improvements
9
No Certificate of Appropriateness is required for temporary
improvements. Temporary improvements are those that will be
in place for no more than 180 consecutive days and result in
no permanent physical alteration of the structure or site.
§228-16 Criteria for Approval of a Certificate of Appropriateness
A. The Commission shall approve the issuance of a Certificate of
Appropriateness only if it determines that the proposed work
will not have a substantial adverse effect on the aesthetic,
historical, or architectural significance and value of either
the historic resource, or if the proposed work is within a
historic district, of the neighboring properties in such
district.
B. In making this determination, the Commission will be guided by
the federal Secretary of the Interior’s Standards for
Rehabilitation or any successor document thereto adopted by
the federal government, and by the following principles:
1. The historic features of a historic resource shall be
altered as little as possible and any alterations made
shall be compatible with the historic character of the
property.
2. The historic features of a property located within, and
contributing to the significance of, a historic district
shall be altered as little as possible and any
alterations made shall be compatible with both the
historic character of the individual property and the
character of the district as a whole.
3. New construction located within a historic district
shall be compatible with the historic character of the
district within which it is located.
C. In applying the principle of compatibility set forth above,
the Commission shall consider the following factors:
1. the general design and character of the proposed
alteration or new construction relative to existing
features of the property;
2. the scale and visual compatibility of the proposed
alteration or new construction in relation to the
property itself, surrounding properties, and the
neighborhood;
3. texture, materials, and color, and their relation to
similar features of the property and other properties in
the neighborhood;
4. visual compatibility with surrounding properties,
including the proportions of the property’s façade;
proportions and arrangement of windows, doors, and other
openings; roof shape; and rhythm of spacing of
properties along the street, including set-backs; and
5. the importance of historic, physical, and visual
features to the significance of the property.
D. In passing upon an application for a Certificate of
Appropriateness, the Commission shall not consider changes to
interior spaces or to exterior paint colors.
E. In cases of a retroactive review of completed work, the
Commission may approve any portion of the completed project that
is found to meet the criteria for approval enumerated in this
10
section while referring to the [Office of the City Attorney/ Town
Board] for potential prosecution any portion of the project that
does not meet such criteria for approval.
§228-17 Certificate of Appropriateness Application Procedure
A. Prior to the commencement of any work requiring a Certificate
of Appropriateness, the owner shall file an application for a
building permit with the [Building Division/Building and
Zoning Department/Town Code Enforcement Department] and an
application for such Certificate with the Commission. The
application, available on the [City’s/Town’s] website and
through the [Department of Planning & Development/Town Code
Enforcement Department], shall contain:
1. Building permit application number, as assigned by the
[Building Division/Building and Zoning Department/Town
Code Enforcement Department]
2. Name, mailing address, email address, and telephone
number of the applicant;
3. Location and photographs of the property;
4. Elevation drawings of proposed changes, if available;
5. Perspective drawings, including relationship to
adjacent properties, if available;
6. Samples of building materials to be used, including
their proposed color;
7. Where the proposal includes signs or lettering, a scale
drawing showing the type of lettering to be used, all
dimensions and colors, a description of materials to be
used, method of illumination, and a plan showing the
sign’s location on the property; and
8. Any other information that the Commission may deem
necessary in order to visualize the proposed work.
B. No building permit shall be issued for the proposed work until
a Certificate of Appropriateness has first been issued by the
Commission. The Certificate of Appropriateness required by
this chapter shall be in addition to and not in lieu of any
building or other permit that may be required by any other
ordinance or law of the [City/Town] of Ithaca.
C. The Commission may delegate to the Commission’s Secretary the
authority to:
1. Determine whether proposed work constitutes ordinary
maintenance and repair for which a Certificate of
Appropriateness is not required;
2. Approve work that is considered replacement-in-kind;
3. Approve work that is of any other type that has been
previously determined by the Commission to be
appropriate for delegation to staff, as reflected in
the City of Ithaca Landmark and Historic District
Design Guidelines adopted by the Commission or other
guidelines from time to time adopted by the Commission.
At least once every six months, the Commission shall review
the Certificates of Appropriateness, if any, issued by the
Commission’s Secretary to determine whether or not the
delegated review responsibilities should continue or their
scope be modified.
11
D. Upon application for a Certificate of Appropriateness, a
public notice of the proposal shall be posted by the owner or
owner’s representative on the property for a minimum of 10
days. This notice must remain in place until a decision to
approve or deny the Certificate of Appropriateness has been
made. The notice shall specify the proposed work, the time and
place of the public hearing, and to whom and by when any
public comments are to be communicated. The notice must be
placed at or near the property line in the front yard so that
it will be plainly visible from the street, and, in cases
where a property has frontage on more than one street, an
additional sign must be placed at or near the property line on
any additional street frontage so that the sign will be
plainly visible from the street on which it has such
additional frontage.
E. The Commission shall hold a public hearing prior to rendering
a decision on any application for a Certificate of
Appropriateness. Notice of the public hearing shall be
published at least once in the official newspaper of the
municipality in which the property is located at least 5 days
prior to the public hearing. The notice shall specify the time
and place of the public hearing, a brief description of the
proposal, and the location where the proposal may be reviewed
prior to the hearing. The property owner and any interested
party may present testimony or documentary evidence regarding
the proposal at the hearing, which will become a part of the
record. The record may also contain staff reports, public
comments, and other evidence offered outside of the hearing.
F. The Commission shall approve, deny, or approve with conditions
or modifications the Certificate of Appropriateness within 45
days from the completion of the public hearing, except as
noted below. The failure of the Commission to act within 45
days from the completion of the public hearing, unless an
extension is mutually agreed upon in writing by the applicant
and the Commission, shall be deemed to constitute approval.
1. In the event, however, that the Commission shall make
a finding of fact that the circumstances of a
particular application require further time for
additional study and information than can be obtained
within the aforesaid 45-day period, then the
Commission shall have a period of up to 90 days from
the date of completion of the public hearing within
which to act upon such an application. No consent of
the applicant shall be necessary for such extension.
2. In the event, however, that environmental review of an
application is required, the Commission shall approve,
deny, or approve with conditions or modifications the
Certificate of Appropriateness within 65 days from the
completion of environmental review. The failure of the
Commission to act within 65 days from the completion
of the environmental review, unless an extension is
mutually agreed upon in writing by the applicant and
the Commission, shall be deemed to constitute
approval.
12
G. All decisions of the Commission shall be in writing. A copy
shall be sent to the applicant by mail, and a copy filed with
the [Director of Planning and Development/Town Director of
Code Enforcement] or [Director of Code Enforcement/Director of
Code Enforcement and Zoning], and the [City/Town] Clerk for
public inspection, within 10 days of the date of the decision.
The Commission’s decisions shall state the reasons for
approving, approving with modifications, or denying any
application.
§228-18 Expiration of Approval; Extension of Approval
If the construction of a project approved for a Certificate of
Appropriateness has not commenced within twenty-four (24) months
of the date of the approval, such approval shall expire unless an
extension has been granted by the Commission following a written
request by the applicant made prior to expiration. An application
for an extension of Certificate of Appropriateness approval shall
not be considered a new Certificate of Appropriateness
application.
§228-19 Early Design Guidance
A. Large projects that could potentially have a significant
impact on a historic resource are required to participate in
the Early Design Guidance process. The purpose of this
process is to provide input from the Commission on the
design of the project as it relates to criteria for the
approval of a Certificate of Appropriateness at a time when
such input may readily be incorporated into the design
without adversely affecting design costs or the project
schedule.
B. For the purposes of this chapter, large projects are defined
as:
1. New construction in a historic district of any
primary structure, or
2. New construction of any accessory structure with a
gross square footage of 800 square feet or more in a
historic district, or new construction of any
accessory structure with a gross square footage of
800 square feet or more on the same tax parcel as an
individual landmark when that tax parcel is less than
five acres in size, or new construction of any
accessory structure with a gross square footage of
800 square feet or more on the same tax parcel as a
historic resource when that tax parcel is more than
five acres in size and when the proposed accessory
structure will be located within 150 feet of the
historic resource, or
3. New additions that will increase the existing
footprint of a historic resource or a structure
located within a historic district by 50% or more, or
4. Any renovation or reconstruction (excluding projects
that involve only the replacement of roof coverings)
that will affect 50% or more of the exterior envelope
of a historic resource or a structure located within
a historic district.
13
C. Applicants subject to Early Design Guidance shall submit
materials for review by the Commission as soon as the design
has reached a stage of development that would allow the
Commission to understand the basic proposal and its
significant details.
D. Based on the limited information provided, the Commission
will provide general feedback and non-binding
recommendations and comments that might help the applicant
further refine the project prior to submitting an
application for a Certificate of Appropriateness.
§228-20 Criteria for a Finding of Economic Hardship
A. An applicant whose Certificate of Appropriateness for a
proposed alteration has been denied may apply for relief on
the ground of economic hardship. In order to prove the
existence of economic hardship related to a proposed
alteration, the applicant shall establish that the denial of
a Certificate of Appropriateness will prevent the owner from
earning a reasonable return on investment, regardless of
whether that return represents the most profitable return
possible. In the case of non-profit ownership, the applicant
shall establish that the denial of a Certificate of
Appropriateness will seriously interfere with or prevent the
owner from carrying out its purpose as stated in its
certificate of incorporation. In either case the applicant
shall establish that the alleged hardship has not been
created by the previous actions or inactions of any person
having an ownership or management interest in the property
after the effective date of local designation.
B. Demolition of a historic resource, or of a structure located
within, and contributing to the significance of, a historic
district, shall be allowed only in cases of economic
hardship, except as provided for in §228-23.
1. In order to prove the existence of economic hardship
sufficient to justify demolition, the applicant shall
establish to the satisfaction of the Commission that:
a. The denial of the Certificate of Appropriateness will
prevent the owner from earning a reasonable return on
investment, regardless of whether that return
represents the most profitable return possible; and
b. The property cannot be adapted for any other use,
whether by the current owner or by a purchaser, which
would result in a reasonable return on investment;
and
c. Diligent efforts to find a purchaser interested in
acquiring the property and preserving it have failed;
and
d. The alleged hardship has not been created by the
previous actions or inactions of any person having an
ownership or management interest in the property
after the effective date of local designation.
2. Or, in the case of non-profit ownership of the
historic resource, that:
14
a. The denial of the Certificate of Appropriateness will
either physically or financially prevent or seriously
interfere with the non-profit owner carrying out its
purpose as stated in its certificate of
incorporation;
b. The property cannot be adapted for any other use that
would result in the non-profit owner being able to
carry out its corporate purpose; and
c. The alleged hardship has not been created by the
previous actions or inactions of any person having an
ownership or management interest in the property
after the effective date of local designation.
§228-21. Economic Hardship Application Procedure.
A. After the Commission has denied a Certificate of
Appropriateness, an applicant may advance the economic
hardship process beyond the application stage.
Consideration of an application for a Finding of Economic
Hardship may occur at the same meeting as consideration of
an application for a Certificate of Appropriateness. No
building permit or demolition permit [for the Town: No
building permit (including a building permit for
demolition)] shall be issued unless the Commission
determines that an economic hardship exists and issues a
Finding of Economic Hardship, except in cases where the
[Director of Code Enforcement, Superintendent of Public
Works, or Fire Chief/Town Director of Code Enforcement],
upon due deliberation, has made an express finding that the
structure presents an imminent threat to the public health,
safety, and welfare.
B. The Commission may hold a public hearing on the economic
hardship application at which an opportunity will be
provided for proponents and opponents of the application to
present their views.
C. The applicant shall consult in good faith with the
Commission, local preservation groups, and interested
parties in a diligent effort to seek an alternative that
will result in appropriate preservation of the property.
D. All decisions of the Commission shall be in writing and
shall state the reasons for granting or denying the
requested Finding of Economic Hardship. A copy shall be
sent to the applicant by mail and a copy filed with the
[Director of Planning and Development/Town Director of
Planning] or [Director of Code Enforcement/Town Director of
Code Enforcement] and the [City/Town] Clerk for public
inspection within 10 days of the date of the decision.
E. If a Finding of Economic Hardship is issued, the Commission
shall approve only such work as is necessary to alleviate
the hardship.
§228-22 [City-/Town-]owned Improvements
A. All changes to [City-/Town-]owned property affecting a
historic resource or within a historic district shall be
subject to the provisions of this ordinance, with the
exception of §228-20 and §228-21.
15
B. If the cost of an action required by the Commission would
exceed by 20% or more the cost of the action if not
regulated by the Commission, the [Common Council/Town
Board] may determine whether compliance with the
Commission’s requirements for that action is prudent and
feasible in light of competing public interests. Should
[Common Council/Town Board] determine, upon due
deliberation, that such compliance would not be prudent and
feasible, the action may proceed as though it were not
regulated by the Commission.
§228-23 Exceptions for Reasons of Public Health and Public Safety
A. When in the judgment of the [Director of Code Enforcement,
Superintendent of Public Works, or Fire Chief/Town Director
of Code Enforcement] there exists an emergency condition
that poses an imminent threat to the public health or
public safety [add for the Town: that constitutes a public
nuisance as described in Town Code § 125-17 (Dangerous and
unsafe buildings), Subsection G (Emergencies)],
the [Director of Code Enforcement, Superintendent of Public
Works, or Fire Chief/Town Director of Code Enforcement] may
order the property owner to immediately undertake temporary
work to correct the defect while a permanent solution is
sought that will satisfy the requirements of Section 228-
16.
B. Such temporary work shall remain in place no longer than
180 days. Such 180-day period may only be extended by,
and in the sole discretion of, the [Director of Planning
and Development or Director of Code Enforcement/Town
Director of Code Enforcement]. During that time, the owner
shall diligently work to identify and propose to the
Commission and [Director of Planning and Development, as
well as the Director of Code Enforcement, Superintendent of
Public Works, and/or Fire Chief/Town Director of Code
Enforcement], as applicable, a permanent solution to
adequately address the public health or public safety
concern while satisfying the requirements of Section 228-
16. Potential solutions identified during this period will
be subject to the provisions of Section 228-20 and 228-21.
C. If, at the end of the 180-day period, or authorized
extension of this period, the [Director of Planning and
Development or Director of Code Enforcement/Town Director
of Code Enforcement] has determined that no reasonable
solution exists that will achieve the public health or
public safety goal and the Commission has determined that
no reasonable solution exists that will satisfy either the
criteria of Section 228-16 or Section 228-20, the [Director
of Planning and Development or Director of Code
Enforcement/Town Director of Code Enforcement] may order
permanent work to be undertaken by the owner that will
protect the public health or public safety, without the
16
issuance of either a Certificate of Appropriateness or a
Finding of Economic Hardship.
D. When, in the judgment of the Superintendent of Public
Works, there exists on City-owned property, on City-
possessed easements, or in the City right of way, a
substantial hazard to the public health or public safety,
the Superintendent of Public Works may pursue those
remedies, improvements, and infrastructures that they deem
appropriate; provided, however, that before doing so, the
Superintendent of Public Works shall be required, if
practicable, to consult with the Director of Planning and
Development or their designee. Where said advance
consultation is not practicable, the Superintendent of
Public Works shall be required to consult with the Director
of Planning and Development or their designee, within a 30-
day period after pursuing any such remedies, improvements,
and infrastructures. Any remedies, improvements, or
infrastructures undertaken on order or authorization of the
Superintendent of Public Works under the first sentence of
this paragraph shall not be subject to the Certificate of
Appropriateness or finding of economic hardship
requirements of this Chapter. The requirements of this
paragraph shall apply only to the extent that remedies,
improvements, and infrastructures are pursued within a
historic district or affecting a historic resource. [For
the Town, replace the foregoing with the following: Where
pursuant to Town Code § 125-17 (Dangerous and unsafe
buildings) the Town Board has ordered that a dangerous or
unsafe building, structure, or equipment be secured,
repaired and/or removed, any remedies, improvements, or
infrastructures undertaken pursuant to the order shall not
be subject to the Certificate of Appropriateness or finding
of economic hardship requirements of this Chapter. The
requirements of this paragraph shall apply only to the
extent that remedies, improvements, and infrastructures are
pursued within a historic district or affecting a historic
resource.]
§228-24 [For Town] Building Permit/[For City: RESERVED]
[Town provision: No person, firm, corporation, association
or other organization or entity shall commence the
erection, construction, enlargement, alteration,
improvement, repair, removal, or demolition of any building
or structure (including signs, except as specified in
Article XXIX, Signs, of Chapter 270, Zoning, of the Code of
the Town of Ithaca), nor install heating equipment, nor
undertake any other work which must conform to the Uniform
Code, the Energy Conservation Construction Code of New York
State, or the Energy Code Supplement found at Chapter 144
of the Code of the Town of Ithaca, without having applied
for and obtained a building permit from a Code Enforcement
Officer as specified in and required by Chapter 125,
17
Building Construction and Fire Prevention, of the Code of
the Town of Ithaca.]
§228-25 Maintenance and Repair Required
A. Nothing in this chapter shall be construed to prevent
the ordinary maintenance and repair of any historic
resource or property within a historic district that does
not involve a change in design, building materials, color,
or outward appearance; however, the Commission’s Secretary
shall determine whether proposed work constitutes ordinary
maintenance and repair or requires a Certificate of
Appropriateness.
B. No owner or person with an interest in real property
designated as a historic resource or included within a
historic district shall permit the property to fall into a
serious state of disrepair. Maintenance shall be required,
consistent with the provisions of the Property Maintenance
Code of New York State and all other applicable laws and
regulations.
§228-26 Enforcement; violations; penalties for offenses
A. All work performed pursuant to a Certificate of
Appropriateness issued under this chapter shall conform to
the requirements included therein. It shall be the duty of
the [Director of Planning and Development or Director of
Code Enforcement/Town Director of Code Enforcement] to
inspect periodically any such work to assure compliance. In
the event work is found that is not being performed in
accordance with the Certificate of Appropriateness, the
[Director of Planning and Development or Director of Code
Enforcement/Town Director of Code Enforcement] shall issue a
stop-work order [City omit this language/pursuant to Town
Code §125-7] and all work shall immediately cease. No
further work shall be undertaken on the project as long as a
stop-work order is in effect.
B. Any owner or person in charge of a property who demolishes
or alters a property in the absence of a Certificate of
Appropriateness, a Finding of Economic Hardship, approval by
the Secretary of the Commission pursuant to §228-17(C) of
the [Ithaca City Code/Town Code], or upon order of the
[Director of Planning and Development, Director of Code
Enforcement, Superintendent of Public Works, or Fire
Chief/Town Director of Code Enforcement] pursuant to §228-23
may be required to restore the property and its site to its
appearance prior to the violation. In the event distinctive
historic features have been removed or otherwise
irreversibly altered, such removal or alteration shall
constitute a separate violation under this Chapter.
C. If, in the judgment of the Commission, a violation of §228-
25 exists that will result in a detrimental effect upon the
life and character of a historic resource or on the
character of a historic district as a whole, the Commission
shall notify the [Director of Planning and Development or
Director of Code Enforcement/Town Director of Code
18
Enforcement]. If, upon investigation, the [Director of
Planning and Development or Director of Code
Enforcement/Town Director of Code Enforcement] finds non-
compliance with the requirements of the Property Maintenance
Code of New York State, or any other applicable law or
regulation, the [Director of Planning and Development or
Director of Code Enforcement/Town Director of Code
Enforcement] shall order such remedies as are necessary and
consistent with this Chapter and shall provide written
notice thereof to the Secretary of the Commission.
D. Any violation of any provision of this chapter shall be
deemed an offense and shall be punishable as provided in
Chapter 1 of the Municipal Code, General Provisions, Article
I, Penalties. Each day’s continued breach shall constitute a
separate additional violation. In addition, the City shall
have such other remedies as are provided by law to enforce
the provision of this chapter. [For the Town, instead of the
above wording in D, add the following:
D. Any person who violates any provision of this chapter, any
rule or regulation issued in compliance therewith, any term
or condition of any Certificate of Appropriateness, stop-
work order, or other notice or order issued by the Code
Enforcement Officer pursuant to any provision of this
chapter shall be liable for a fine of not less than $200, or
imprisonment not to exceed 15 days, or both. Each day such
violation continues shall constitute a separate violation.
E. Civil penalties. Any person who violates any provision of
this chapter, any rule or regulation issued in compliance
therewith, any term or condition of any Certificate of
Appropriateness, stop-work order, or other notice or order
issued by the Code Enforcement Officer pursuant to any
provision of this chapter shall be liable for a civil
penalty of not more than $200 for each day or part thereof
during which such violation continues. The civil penalties
provided by this subsection shall be recoverable in an
action instituted in the name of the Town of Ithaca.
F. An action or proceeding in the name of the Town of Ithaca
may be commenced in any court of competent jurisdiction to
prevent, restrain, enjoin, correct, or abate any violation
of, or to enforce, any provision of this chapter, or any
rule or regulation issued in connection therewith, or any
term or condition of any Certificate of Appropriateness,
stop-work order, or other notice or order issued by the Code
Enforcement Officer pursuant to any provision of this
chapter. Such remedy shall be in addition to penalties,
fines and other remedies otherwise prescribed by law.
G. Remedies not exclusive. No remedy, fine or penalty specified
in this section shall be the exclusive remedy, fine or
penalty available to address any violation described in this
section, and each remedy, fine or penalty specified in this
section shall be in addition to, and not in substitution for
or limitation of, the other remedies, fines or penalties
19
specified in this section, or in any other applicable law.
Any remedy, fine or penalty specified in this section may be
pursued at any time, whether prior to, simultaneously with,
or after the pursuit of any other remedy, fine or penalty
specified in this section, in any other section of this
chapter, or in any other applicable law.]
§228-27 Appeals
Any person aggrieved by any decision by the Commission may
apply to the Supreme Court in the State of New York for review
under Article 78 of the Civil Practice Law and Rules within 30
days of the filing of the decision in the [City/Town]Clerk’s
office.
§228-28 Effective Date
This chapter shall take effect on ________, 2025.
Item 5
MEETING OF THE ITHACA TOWN BOARD
July 14, 2025
TB Resolution 2025- : Authorization to Accept NYSDOT Use and Occupancy Permit
Conditions and Designate the Highway Superintendent as an Authorized Representative
Whereas, the Town of Ithaca is undertaking the 2024 Inlet Valley Sewer Improvements Project
(Project), which consists of making improvements to the Wonderland and Waldorf Pump station,
and
Whereas, the Waldorf pump station is located adjacent to 855 Five Mile Drive within the New
York State Department of Transportation (NYSDOT) Right of Way, which required the Town of
Ithaca to obtain a Use and Occupancy (U&O) Permit for the Project, and
Whereas, NYSDOT has issued a U&O Permit for the Project, which requires the Town of Ithaca
Town Board to formally accept all conditions of the permit and authorize a representative(s) to
execute any documentation associated with the permit, and
Whereas, the Use and Occupancy permit conditions, attached herein, have been reviewed by the
Town Engineer and the Highway Superintendent and now, therefore be it
Resolved, that the Town Board of the Town of Ithaca hereby accepts all conditions of the
NYSDOT Use and Occupancy Permit issued in connection with the 2024 Inlet Valley Sewer
Improvements Project, and be it further
Resolved, that the Highway Superintendent is hereby authorized as the Town’s representative to
sign any and all documentation associated with said permit on behalf of the Town of Ithaca Town
Board.
Moved: Seconded:
Vote:
Item 6
MEETING OF THE ITHACA TOWN BOARD
July 14, 2025
TB Resolution 2025 – : Authorization for Town Supervisor to Sign the Stormwater
Operation, Maintenance, and Reporting Agreement and Stormwater Related Easements
Associated with Maplewood II Development
Whereas, the Town of Ithaca Planning Board has granted Final Site Plan approval with
conditions for the Maplewood II Development, and
Whereas, the Maplewood II project includes the construction of stormwater management and
treatment facilities in accordance with NYSDEC and Town stormwater regulations, and
Whereas, such approval was granted conditionally upon the construction, maintenance and
implementation of approved stormwater facilities and/or other stormwater management
practices, submission of stormwater inspection reports, and an agreement with the Town
regarding the same, and
Whereas, the Town requires execution of a Stormwater Operation, Maintenance, and Reporting
Agreement (SOMRA) and associated permanent stormwater and access easements to ensure
long-term maintenance and inspection access to the stormwater facilities, and
Whereas, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and
its implementing regulations at 6 NYCRR Part 617, the Town Board has determined that
execution of the proposed Stormwater Operation, Maintenance and Reporting Agreement, and
the proposed Permanent Stormwater and Access Easements and Right-of-Way, is a Type II
action because it constitutes “routine or continuing agency administration and management, not
including new programs or major reordering of priorities that may affect the environment,” and
thus this action is not subject to review under SEQRA; now therefore be it
Resolved that the Town Board authorizes the Town Supervisor to sign the Stormwater
Operation, Maintenance, and Reporting Agreement and associated permanent stormwater
easements associated with the Maplewood II Development project, subject to the review by the
Attorney for the Town and approval of the Town Engineer.
Moved: Seconded:
Vote:
Item 6
Item 7
MEETING OF THE ITHACA TOWN BOARD
July 14, 2025
TB Resolution 2025 - : Authorization to Apply for Funding through the 2025
Environmental Protection Fund Grants Program for Historic Preservation of Town Hall
Whereas, the New York State Office of Parks, Recreation & Historic Preservation (OPRHP) has
announced the availability of funding under the 2025 Environmental Protection Fund Grants
Program for Parks, Recreation and Heritage, which includes a category for historic preservation,
and
Whereas, the maximum assistance allowed toward the cost of the project is $675,000, with a
25% local match required, and
Whereas, the Town of Ithaca is seeking to restore and weatherize the historic Town Hall facility,
excluding the post office, and includes insulating the exterior walls, replacing single pane glass
with insulated glass within the historic windows, replacing exterior doors, air sealing,
replacement of lighting fixtures with LED fixtures, installation of lighting controls, and other
associated items, and
Whereas, the Town estimates the total cost to be approximately $2 million to $3 million for the
total weatherization upgrades, outlined further in the application for this historic preservation
grant, and
Whereas this is a Type II action, pursuant to 6 NYCRR Part 617.5(c)(2), as it would be a
"replacement, rehabilitation, or reconstruction of a structure or facility, in kind, on the same site,
including upgrading buildings to meet building, energy, or fire codes, unless such action meets
or exceeds any of the thresholds in 617.4 of this Part." and
Whereas, grant applications are due by July 31, 2025, now, therefore be it
Resolved, that the Supervisor of the Town of Ithaca, or designated representative, is hereby
authorized and directed to file an application for the historic preservation of the historic Town
Hall under the 2025 Environmental Protection Fund Grants Program for Parks, Recreation and
Heritage in an amount not to exceed $675,000, and upon approval of said request to enter into
and execute a project agreement with OPRHP for such financial assistance to the Town of Ithaca.
Moved: Seconded:
Vote:
DEPARTMENT OF PLANNING
215 N. Tioga St 14850
607.273.1747
http://www.townithacany.gov
TO: TOWN BOARD MEMBERS
FROM: HILARY SWARTWOOD, SUSTAINABILITY PLANNER
DATE: JULY 9, 2025
RE: GRANT APPLICATION FOR TOWN HALL WEATHERIZATION – NYS OPRHP 2025
ENVIRONMENTAL PROTECTION FUND GRANTS PROGRAM
The Town of Ithaca is applying for funding through New York State’s Environmental Protection Fund to
help offset the cost of weatherizing Town Hall. This is the continuation of a multi-year project to make
the Town’s government buildings carbon neutral by 2030, as set forth in the Town’s Green New Deal
Resolution 2020-049 (adopted unanimously by the Town Board on March 23, 2020).
Town Hall (then a U.S. Post Office) was listed on both the New York State and National Registers of
Historic Places in 1971 as part of the DeWitt Park Historic District in the City of Ithaca. It was listed on
the State and National Registers again in 1989 as part of a multiple resource nomination of New York
State Post Offices. The building was also designated under the City’s landmarks ordinance in 1971, as
part of the DeWitt Park Local Historic District. Constructed in 1910, the original building was designed by
U.S. Supervising Architect James Knox Taylor. It is one of the finest local examples of Beaux Arts
Classicism.
Preserving, enhancing, and promoting the Town’s historical resources is one of the eleven policy areas
of the Town’s 2014 Comprehensive Plan. The intent of this project is to weatherize Town Hall, which is
listed on the State and National Registers of Historic Places. This project includes insulating the exterior
walls, replacing single pane glass with insulated glass within the historic windows, replacing exterior
doors, air sealing, replacement of lighting fixtures with LED fixtures, installation of lighting controls, and
other associated energy improvements.
To support these efforts, the Town is seeking grant funding from New York State’s Office of Parks,
Recreation, and Historic Preservation Environmental Protection Fund program during the 2025
Consolidated Funding Application cycle to help offset some of the costs of this work. The Town is
seeking the full grant amount of $675,000; the grant, if awarded, requires a 25% match.
This proposed project exemplifies responsible and thoughtful stewardship of a landmark building.
Instead of demolishing and rebuilding, the Town is investing in the long-term preservation and
functionality of this significant civic building. Further, it aligns with the Town’s commitment to the Green
New Deal Resolution and goals of community- wide carbon neutrality by 2030. We believe this project
can serve as a model for other historic preservation projects in New York State.
Item 8
MEETING OF THE ITHACA TOWN BOARD
July 14, 2025
TB Resolution 2025 - : Approval of revised Fee Schedule
Whereas the recommendation was made by Town Counsel to increase the amount for the initial
escrow associated with Personal Wireless Facility, now, therefore be it
Resolved, that the Town Board approves and adopts the revised Fee Schedule as submitted,
effective July 15, 2025.
Moved: Seconded:
Vote:
Item 9
1
MEETING OF THE ITHACA TOWN BOARD
July 14, 2025
TB Resolution 2025 - : Adopt Consent Agenda
a. Approval of Town Board Minutes
b. Approval of the Town of Ithaca Abstract
c. Approval of the Bolton Point Abstract
d. Approval of a Water/Sewer High Consumption Refund Request
e. Approval of permanent appointments – Engineering
f. Approval of revised Director of Engineering job description
g. Ratify appointment of Water Treatment Plant Operator - SCLIWC
Moved: Seconded:
Vote: ayes –
TB Resolution 2025 – a: Approval of Town Board Minutes
Resolved that the draft minutes of June 23, 2025, are adopted as final with any non-substantive
changes made.
TB Resolution 2025 - b: Approval of Town of Ithaca Abstract No. 13 for FY-2025
Resolved that the Town Board authorizes payment of the following audited vouchers for the
amounts indicated:
VOUCHER NOS. 2025 574 - 644
General Fund Town Wide 77,507.17
General Fund Part-Town 22,589.72
Highway Fund Town Wide DA 3,112.09
Highway Fund Part Town DB 210,633.21
Water Fund 37,832.14
Sewer Fund 46,868.68
Capital Projects 14,132.25
Fire Protection Fund 2,425,971.31
TOTAL 2,838,646.57
TB Resolution 2025 – c: Approval of Bolton Point Abstract
Resolved that the governing town board hereby authorizes the payment of the audited vouchers as
listed:
Voucher Numbers: 258-307
Check Numbers: 21278-21327
Item 9
2
Capital Impr/Repl Project $ 21,032.75
Operating Fund $ 115,999.27
TOTAL $ 137,032.02
TB Resolution 2025 - d: Sewer Utility Use Refund - Tax Parcel 28.-1-28.7
Whereas, Tax Parcel 28.-1-28.7, Michael Olszewski and Susan Terwilliger, owners of the property
at 622 Elm Street Extension, were billed for sewer usage over the last two year while building a
new structure on the aforementioned address, and
Whereas, Mr. Olszewski and Ms. Terwilliger requested a refund due to a delay in their construction
process in which they hooked up the exterior sewer pipe but did not have plumbing fixtures
installed inside for a considerable amount of time after the exterior connection , and
Whereas, the Town’s Internal Review Panel conducted a review, talked to the building code
official assigned to the project, and determined that the internal fixtures had not been installed for
approximately 2 years, from 2023-2025, and
Whereas, it was determined that the sewer resident should receive a partial refund of their request
of $613.97 since their fixtures were utilized starting in May of 2025, now, therefore be it
Resolved, that the Town Board approves and authorizes the refund of $526.26 to be paid from the
sewer fund to the property owner.
TB Resolution 2025 – e: Approve Permanent Appointments of Engineering Positions
Whereas David O’Shea was provisionally appointed as the Director of Engineering, effective
July 28, 2024, pending the next civil service exam; and
Whereas Emily Rodgers, effective May 20, 2024, and Sam Harris, effective September 8, 2024,
were provisionally appointed as Civil Engineers, pending the next civil service exam; and
Whereas the Tompkins County Civil Service office has provided the certificate of eligible listing
for the said titles and the staff were reachable candidates; now, therefore be it
Resolved, the Town Board of the Town of Ithaca does hereby approve the permanent
appointments of David O’Shea to the position of Director of Engineering, and Emily Rodgers
and Sam Harris to the position of Civil Engineer with no change in current compensation or
benefits, retroactive to June 25, 2025.
TB Resolution 2025 - f: Approval of Revised Director of Engineering Job Descriptions
Whereas, the Personnel and Organization Committee reviewed the revisions made to the
Director of Engineering job description to bring it up to date and recommend approving the
revised job descriptions; now, therefore, be it
Item 9
3
Resolved, the Town Board of the Town of Ithaca does hereby approve the revised job description
for Director of Engineering.
TB Resolution 2025 - g: Ratify Permanent Appointment of Water Treatment Plant
Operator at SCLIWC.
Whereas, the Southern Cayuga Lake Intermunicipal Water Commission on July 3, 2025,
appointed Christopher McKane to the Water Treatment Plant Operator position- Permanent
Status, retro-active to June 1, 2025; now, therefore be it
Resolved, the Town Board of the Town of Ithaca does hereby ratify SCLIWC’s Permanent
appointment Christopher McKane to the Water Treatment Plant Operator position, retro-active to
June 1, 2025, at $30.32 per hour with no change to full-time benefits.
DIRECTOR OF ENGINEERING
TOMPKINS COUNTY
Department Town of Ithaca
Classification Competitive
Labor Grade S
Approved 1995
Revised 1/1/05; TB 4/05; 11/05; 12/19, 6/25
By LG, Deputy Commissioner of Personnel
MINIMUM QUALIFICATIONS: EITHER:
(A) Graduation from a regionally accredited or New York State registered college or university with a
bachelor’s degree in engineering, engineering science, architecture, construction management or a
related field with a minimum of four (4) years’ experience in a related field, with at least two (2) years
in a supervisory or management position, OR
(B) Graduation from a regionally accredited or New York State registered college or university with an
associate degree in engineering, engineering science, architecture, construction management or a
related field with a minimum of six (6) years’ experience in a related field, with at least two (2) years
in a supervisory or management position; OR
(C) An equivalent combination of training and experience as defined by the limits of (A) and (B) above.
SPECIAL REQUIREMENTS:
1. Possession of a New York State Professional Engineer’s License at the time of appointment and
maintained throughout appointment.
2. Take and subscribe the constitutional oath of office and file such in either the Town or County Clerk’s
office, before assuming duties.
3. Possess and maintain a valid Driver’s license and maintains a good driving record throughout
appointment.
4. Responsiveness to Town constituents and Town Board during emergencies and highly pressurized
circumstances. Salaried position available for emergency situations.
DISTINGUISHING FEATURES OF THE CLASS:
This is a major managerial position responsible for directing the operation of the Town Engineering
Department. The Director of Engineering is also responsible for planning, managing, supervising and
directing the Town’s public works capital projects in coordination with the Director of Public Works. The
employee may be appointed by the Town Board as the required designee “Town Engineer”, which is
responsible for providing professional engineering advice to the Town Board and other Town officials. Work
is performed in accordance with the policies of the Town Board and requires considerable exercise of
independent judgment especially as it relates to technical engineering issues for the planning, design and
implementation of public works projects. General supervision is exercised over all activities of the
department. Attendance at Town Board meetings is required, and attendance at Planning Board and
Zoning Board of Appeals meetings is often required. The incumbent does related work as required.
TYPICAL WORK ACTIVITIES:
Directs operations of the Town Engineering Department and is responsible for approving and sealing/
stamping plans, studies, construction documents, etc.;
Assigns, reviews and evaluates the work of subordinate staff and provides mentorship for their professional
growth;
Direct and supervise the preparation of documents, technical studies & reports on infrastructure elements
such as water and sewer systems, drainage, traffic, etc. for presentation to boards & committees and
including applications for funding;
Directs development of the capital improvement program and projects for water, sewer, roads, parks and
storm water management;
Participates and may lead the development of Capital Improvement program for general project approval;
Collaborates with the Director of Public Works/ Town Highway Superintendent on technical issues
regarding public works, including appointment of technical staff;
Reviews and approves development projects within the town in accordance with local, state, and federal
requirements including local laws and stormwater regulations;
Manages Stormwater Management programs and assures compliance with NYS MS4 permit requirements;
Prepares construction contract documents, cost estimates, time schedules, and materials specifications for
town projects;
Manages, tracks budget and advises town hired consultants and contractors;
Coordinates joint projects with other governments or agencies;
Provides technical oversight of the Town utilities and road network;
Acts as liaison between organized community groups, the Town and engineering and administrative
personnel in other municipalities on public work projects of mutual interest;
Acts as technical advisor to the Town Board, Planning Board, Zoning Board of Appeals and staff from other
departments on engineering related issues;
Monitors compliance with Federal, State, and Town Laws, regulations, codes and policies;
Prepares and monitors department and project budgets;
Meets with public, elected officials and appointed officials regarding public works activities and strategies,
project reviews, intermunicipal agreements, consultant contract administration, etc;
Responsible for management of department records, documents, and equipment;
Determines personnel requirements and is responsible for the appointment and discharge of staff in
compliance with state law and local civil service rules and in conjunction with the Town Board;
FULL PERFORMANCE KNOWLEDGE, SKILLS, ABILITIES AND PERSONAL CHARACTERISTICS:
Comprehensive knowledge of the principles, practices, and terminology of civil engineering;
Thorough knowledge of the techniques and resources of engineering research;
Thorough knowledge of the principles and practices involved in the operation and maintenance of water
and sewer systems;
Thorough knowledge of the principles and practices of storm water management and erosion and sediment
control;
Good knowledge of the modern methods and principles of construction and maintenance of public works;
Ability to plan, organize, and coordinate complex and diverse phases of a public works program;
Ability to perform engineering research and prepare reports;
Ability to develop, read and interpret engineering drawings and specifications;
Ability to communicate effectively, both orally and in writing;
Ability to prepare operating budgets;
Ability to plan and direct the implementation of large-scale public works projects;
Ability to perform complex mathematical and engineering calculations;
Ability to use personal computers for engineering and management applications;
Ability to establish and maintain effective working relationships with other public officials, contractors,
engineers, architects, lawyers and the general public;
Ability to be firm, tactful, courteous and use good judgment;
Ability to maintain confidentiality;
Possession of high professional standards, good judgment, integrity and honesty;
Physical condition commensurate with the demands of the position.
D61.DOC