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HomeMy WebLinkAboutTB 2025-11-24 Agenda and Materials MEETING OF THE ITHACA TOWN BOARD November 24, 2025, at 4:30 p.m. Town Hall, 215 N. Tioga St. For your convenience, participation is available through ZOOM (929) 436-2866 Meeting ID 98910958241 and viewing only via YouTubeMeetingsLink AGENDA 1.Report – Village of Cayuga Heights Fire Department – Chief Tamborelle 2.Public hearing regarding an amendment to the contract with the City of Ithaca for Fire Protection and Emergency Services a.Approval 3.Public hearing and consider adoption of a local law rescinding and replacing Town of Ithaca Code Chapter 144, Energy Code Supplement a.SEQR b. Adoption 4.Consider approval of Lower Stone Quarry Agreement 5.Consider award of Inlet Valley Construction Project 6. Committee Reports a. Public Works b.Planning c.Codes & Ordinances d.Personnel & Organization e.Budget f.Other 7. Consent Agenda a.Approval of Minutes b.Approval of the Town of Ithaca Abstract c.Approval of revisions – Personnel Manual d.Set public hearings for December 8, 2025, regarding proposed local laws amending Town of Ithaca Code Chapter 270, Zoning: a) changes in certain definitions, height limitations and placement of accessory buildings; b) the issuance of permits to build; c)Expiration of variances and Special approvals d) Posting of Notices and f) Chapter 250 to erect yield signs on one-way bridges in Forest Home e.Ratify Permanent Appointment of Finance Manager – GTCMHIC - Sandsted f.Approve Promotional Non-Competitive Appointment of Administrative Assistant II – PWD – Wright g.Ratify Appointment of Laborer – Rose h.Authorization to Apply - 2025 Technical Assistance to Grow Pro-Housing Communities Grant i.Approve sale of surplus items 8. Correspondence Item 2 1 Meeting of the Ithaca Town Board November 24, 2025 TB Resolution 2025 - : Approve Increase in Town of Ithaca’s 2024 Payment under the 2020-2024 Contract for Fire Protection and Emergency Medical Services Between the City of Ithaca and the Town of Ithaca Whereas, in Town Board Resolution 2019-184, the Ithaca Town Board approved a contract with the City of Ithaca for the provision of fire protection services and emergency medical services for the 2020-2024 period in virtually all of the Town except for the Village of Cayuga Heights, New York and part of the northeast portion of the Town (the “Contract”), and Whereas, pursuant to New York Town Law Section 184, the Contract set forth the annual sum the Town was to pay the City each year (the “Annual Sum”), as well as a methodology to adjust each year’s Annual Sum if the Ithaca Town Board (acting as and for the Town’s Fire Protection District) and the City of Ithaca amend the Contract accordingly, and Whereas, the Contract states that “Under no circumstances shall the total amount paid by the Town in any calendar year, plus any adjustment for that year paid in the subsequent year, exceed the annual budgeted amount … approved by the Town … without the Town’s prior written approval of any budget changes resulting in such increase”, and Whereas, for 2024, the Contract listed $3,857,826 as the Annual Sum, and the City did not seek the Town’s prior approval to exceed that amount, and Whereas, by letter dated May 28, 2025, the City for the first time informed the Town that the Ithaca Fire Department’s 2024 net expenses had greatly exceeded the amount budgeted by the City and Town, and Whereas, for 2024, the Town was billed and has made payments to the City in the amount of $3,840,000, and the City has informed the Town that the Town’s 2024 Annual Sum based on the increased net expenditures is $4,450,762.59, which is $610,762.59 more than the Town’s payments to date, and $592,936.59 more than the Annual Sum stated in the Contract, and Whereas, the Town must prioritize the safety and welfare of town residents and general public who work and visit our community, by ensuring that adequate fire protection services and emergency medical services shall be provided beyond December 31, 2025, and Whereas, the Town is constrained to approve the unbudgeted 2024 expenditures imposed upon the Town by the City so that the City will resume negotiations on a 2026 fire services contract, which needs to be negotiated, drafted, approved and executed by the City and Town, all before January 1, 2026, and Item 2 2 Whereas, pursuant to New York Town Law Section 184, the Town Board held a public hearing on the 24th day of November, 2025 for the purpose of hearing public comment on a proposed Contract amendment to increase the 2024 Annual Sum to $4,450,762.59, and Whereas, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that approval of the Contract amendment 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 approves the Contract amendment to increase the 2024 Annual Sum to $4,450,762.59, and hereby authorizes the Town Board members to execute such Contract amendment on behalf of the Town of Ithaca Fire Protection District, subject to the review of the Attorney for the Town and further subject to the City of Ithaca’s execution of the Contract amendment. Moved: Seconded: Vote: 1 AMENDMENT TO 2020-2024 CITY–TOWN OF ITHACA FIRE CONTRACT This Amendment to the 2020-2024 City-Town of Ithaca Fire Contract (“Amendment”) is made as of the __ day of _________, 2025, for the purpose of amending an agreement dated January 1, 2020 (“Fire Contract”) between the City of Ithaca (“City”) and the Town Board of the Town of Ithaca (“Town”), acting as and for the Fire Protection District of the said town. WITNESSETH: WHEREAS, the City and the Town entered into the Fire Contract for the purpose of providing fire protection services and emergency medical services to the Town, and WHEREAS, the City provided such services for the full term of the Fire Contract, and WHEREAS, pursuant to New York Town Law Section 184, the Fire Contract sets forth the annual sum the Town was to pay the City each year (the “Annual Sum”), as well as a methodology to adjust each year’s Annual Sum if the Ithaca Town Board (acting as and for the Town’s Fire Protection District) and the City of Ithaca amend the Fire Contract accordingly, and WHEREAS, by letter dated May 28, 2025, the City informed the Town that the Town’s share of the City’s net expenditures and administrative services for providing such services in 2024 exceeded the 2024 Annual Sum set forth in the Fire Contract, and WHEREAS, the City thereafter recalculated the net expenditures and decreased the amount of the Town’s calculated share from the amount in the City’s May 28, 2025 letter, and WHEREAS, on November 3, 2025, the Town received an invoice from the City stating the total amount due from the Town for 2024 is $4,450,762.59, with a remaining balance due of $610,762.59 (which was calculated by netting out the $3,840,000 the Town had previously been billed for and paid), and WHEREAS, the parties wish to amend the Fire Contract to adjust the Town’s 2024 Annual Sum; NOW, THEREFORE, IT IS MUTUALLY AGREEED as follows: 1. Section 5 of the Fire Contract is amended by deleting “2024: $3,857,826” and adding the following text in the place of the deleted text: “The Town’s 2024 annual sum is $4,450,762.59, of which $3,840,000 has been paid. The Town shall pay the City the balance of $610,762.59 for fire protection services and emergency medical services provided in 2024. Said payment shall be due on or before December 15, 2025.” 2. All other provisions of the Fire Contract shall remain unchanged and shall remain in force in accordance with its terms. 2 [SIGNATURE PAGES FOLLOW] IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day(s) and year written below. CITY OF ITHACA: BY:____________________________ Date: ___________________ Deborah Mohlenhoff City Manager STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss.: On the ______ day of ______________ in the year 2025 before me, the undersigned, personally appeared ______________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. _______________________________ Notary Public TOWN OF ITHACA TOWN BOARD: ____________________________ Date: ___________________ Rod Howe Town Supervisor ____________________________ Date: ___________________ Pamela Bleiwas Councilwoman ____________________________ Date: ___________________ Richard DePaolo Councilman 3 ____________________________ Date: ___________________ Susie Gutenberger Councilwoman ____________________________ Date: ___________________ Eric Levine Councilman ____________________________ Date: ___________________ Margaret Johnson Councilwoman ____________________________ Date: ___________________ Rob Rosen Councilman On the ______ day of ______________ in the year 2025 before me, the undersigned, personally appeared Rod Howe, Supervisor of the Town of Ithaca, Pamela Bleiwas, Councilwoman of the Town of Ithaca, Richard DePaolo, Councilman of the Town of Ithaca, Susie Gutenberger, Councilwoman of the Town of Ithaca, Eric Levine, Councilman of the Town of Ithaca, Margaret Johnson, Councilwoman of the Town of Ithaca, and Rob Rosen, Councilman of the Town of Ithaca, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. _______________________________ Notary Public DEPARTMENT OF CODE ENFORCEMENT & DEPARTMENT OF PLANNING 215 N. Tioga St 14850 607.273.1747 http://www.townithacany.gov 1 | P a g e From: Hilary Swartwood, Sustainability Planner To: Town Board Members Date: November 24, 2025 Subject: Ithaca Energy Code Supplement Update EXECUTIVE SUMMARY The Town of Ithaca is issuing this memorandum to provide community members and stakeholders an update on proposed amendments to the pioneering sister Ithaca Energy Code Supplements (City of Ithaca IECS | Town of Ithaca IECS). Adopted in 2021, The Ithaca Energy Code Supplement (IECS) contained requirements for new construction and major renovations that substantially reduced greenhouse gas emissions, while emphasizing electrification and affordability. Implementation was intentionally passed in increments, with each phase increasing the reductions in emissions. This method provided Code Enforcement Officers, developers, residents, institutions, and other organizations time to adjust and prepare before moving to the next phase. Starting in late 2023, a designated working group was tasked with reviewing key provisions of the existing code as well as evaluating requests submitted by external stakeholders. At the same time, the State Fire Prevention and Building Code Council (“Code Council”) was preparing to release an updated State Fire Prevention and Building Code (the “Uniform Code”) and an updated State Energy Conservation Construction Code (the “Energy Code”). THE WORKING GROUP The working group included representatives from both the City and Town of Ithaca, supported by external consultation from Lou Vogel, P.E., Distinguished Engineer and Partner at Taitem Engineering, D.P.C. Municipal representatives included the Town Supervisor, Town Director of Planning, Town Sustainability Planner and City Director of Sustainability, and Town Director of Code Enforcement & Zoning and City Director of Code Enforcement. PROCESS The working group engaged with internal and external subject matter experts to ensure data-driven decision-making and a comprehensive understanding of anticipated changes to the Energy Code. Informal technical assistance was also provided by the Pacific Northwest National Laboratory and the New York State Energy Research and Development Authority (NYSERDA). Throughout the review, the group closely monitored the activities of the Code Council to ensure both legal compliance and fidelity to the intent of the Ithaca Energy Code Supplement. Priority was placed on amendments that would support the Community Choice Aggregation program (Tompkins Green Energy Network (T-GEN)) and its Distributed Energy Resources program—initiatives designed to accelerate affordable community-wide decarbonization in line with the City and the Town of Ithaca sister Green New Deals. DEPARTMENT OF CODE ENFORCEMENT & DEPARTMENT OF PLANNING 215 N. Tioga St 14850 607.273.1747 http://www.townithacany.gov 2 | P a g e In July 2025, the Code Council formally adopted the 2024 Uniform Code and Energy Code. These updates, informed in part by the Ithaca Energy Code Supplement and the 2024 International Code Council (“ICC”) standards, advance New York’s progress toward the decarbonization and equity goals set forth in the Climate Leadership and Community Protection Act. The City and the Town take pride in contributing to a code that has ushered the entire state toward a cleaner and healthier future for all New Yorkers. THE NEW CODE The City and the Town of Ithaca anticipate adopting the New York State Uniform Code and Energy Code in 2026, together with two appendices. Under the new requirements: • Net Zero construction* will be mandatory for all new buildings and qualifying renovations. • With some exceptions, commercial buildings are required to provide a minimum amount of renewable energy. • Fossil fuels may not be used for heating or cooling, including in district heating systems. • Will provide 19.5% site energy savings for commercial buildings, and 17.0% site energy savings for residential buildings.** • The expected Incremental Construction Cost to implement these changes is $-0.01/SF for commercial, and $2.33/SF for residential buildings.* • Adoption of the two ICC Net Zero Appendices, for Commercial and Residential buildings, will require offsetting of the entire annual energy usage of the building with renewable energy. • Developers of exempt buildings (2026-2028) will be required to demonstrate how their projects will offset associated greenhouse gas emissions to be net-zero in emissions. The working group found that the NYS Energy Code with the Net Zero appendices would uphold the original intent of the 2026 Ithaca Energy Code Supplement of Net Zero emissions and no fossil fuels for new construction in commercial and residential buildings. *Net Zero buildings are designed for zero or negative net energy consumption or carbon emissions **2024 NYS ECC Energy Analysis Summary REQUESTS FOR EXCEPTION With the adoption of the New York State Uniform and Energy Codes, any and all requests for variances or exceptions should be made through the Department of State. TIMELINE FOR APPROVAL November 24: Town Board holds a Public Hearing to repeal and replace the IECS with a new IECS December 5: NYS Code Council Meeting: Anticipated approval of IECS January 1, 2026: Updated IECS is enforceable Item 3a MEETING OF THE ITHACA TOWN BOARD November 24, 2025 TB Resolution 2025 - : SEQR Regarding a Local Law deleting Ithaca Town Code Chapter 144, titled “Energy Code Supplement,” and replacing it with a New Chapter 144, titled “Energy Code Supplement.” Whereas, this action is the proposed enactment of a Local Law deleting Ithaca Town Code Chapter 144, Titled “Energy Code Supplement,” and replacing it with a New Chapter 144, titled “Energy Code Supplement;” and Whereas, this is an Unlisted Action for which the Ithaca Town Board is the Lead Agency in an environmental review with respect to the enactment of this local law; and Whereas, the Town Board, at its regular meeting held on November 24, 2025, has reviewed, and accepted as adequate the Short Environmental Assessment Form (EAF), Parts 1, 2 and 3, for this action, prepared by the Town Planning staff; now, therefore, be it Resolved, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law, 6 NYCRR Part 617 New York State Environmental Quality Review, and Chapter 148 Environmental Quality Review of the Town of Ithaca Code for the above-referenced action as proposed, based on the information in the EAF Part 1 and for the reasons set forth in the EAF Parts 2 and 3, and, therefore, a Draft Environmental Impact Statement will not be required. Moved: Seconded: Vote: Page 1 of 3 Short Environmental Assessment Form Part 1 - Project Information Instructions for Completing Part 1 – Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Project Location (describe, and attach a location map): Telephone: E-Mail: Address: City/PO: State: Zip Code: NO YES 2.Does the proposed action require a permit, approval or funding from any other government Agency? If Yes, list agency(s) name and permit or approval:NO YES 3.a. Total acreage of the site of the proposed action? __________ acres b. Total acreage to be physically disturbed? __________ acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? __________ acres 4.Check all land uses that occur on, are adjoining or near the proposed action: 5. Urban Rural (non-agriculture) Industrial Commercial Residential (suburban) Aquatic Other(Specify):□ Forest Agriculture □ Parkland SEAF 2019 Brief Description of Proposed Action: Name of Applicant or Sponsor: 1.Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? Please see part 3 for description of potential environmental impacts. If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. Part 1 – Project and Sponsor Information Name of Action or Project: Page 2 of 3 a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? 6.Is the proposed action consistent with the predominant character of the existing built or natural landscape?NO YES If Yes, identify: ________________________________________________________________________________ NO YES 8.a. Will the proposed action result in a substantial increase in traffic above present levels? b.Are public transportation services available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES If the proposed action will exceed requirements, describe design features and technologies: _____________________________________________________________________________________________ _____________________________________________________________________________________________ NO YES 10.Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: _________________________________________ _____________________________________________________________________________________________ NO YES 11.Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: ______________________________________ _____________________________________________________________________________________________ NO YES archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local ag ency? b.Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: _____________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ 12.a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b.Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for Page 3 of 3 14.Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: □Shoreline □ Forest Agricultural/grasslands Early mid-successional Wetland □ Urban Suburban 15.Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100-year flood plan?NO YES 17.Will the proposed action create storm water discharge, either from point or non-point sources? If Yes, a.Will storm water discharges flow to adjacent properties? b.Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: _____________________________________________________________________________________________ _____________________________________________________________________________________________ 18.Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment:______________________________________________ ____________________________________________________________________________________________ _ NO YES 19.Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: _______________________________________________________________________________ _____________________________________________________________________________________________ 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: _______________________________________________________________________________ _____________________________________________________________________________________________ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Date: _____________________ Applicant/sponsor/name: ____________________________________________________ __________________________ Signature: _____________________________________________________Title:__________________________________ Page 1 of 2 Agency Use Only [If applicable] Project: Date: Short Environmental Assessment Form Part 2 - Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept “Have my responses been reasonable considering the scale and context of the proposed action?” No, or small impact may occur Moderate to large impact may occur Page 2 of 2 Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. _________________________________________________ _______________________________________________ Name of Lead Agency Date _________________________________________________ _______________________________________________ Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer _________________________________________________ _______________________________________________ Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) Agency Use Only [If applicable] Project: Date: Short Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 that was answered “moderate to large impact may occur”, or if there isn aeed to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering is testting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts. Item 3b MEETING OF THE ITHACA TOWN BOARD November 24, 2025 TB Resolution 2025 – : Adoption of “A Local Law Deleting Ithaca Town Code Chapter 144, Titled “Energy Code Supplement,” and replacing it with a new Chapter 144, titled “Energy Code Supplement.” Whereas, climate change is causing an increase in extreme weather events, such as storms, flooding, and heat waves that threaten human life, healthy communities, and critical infrastructure in the Town of Ithaca (Town), New York State, and across the world; and Whereas, greenhouse gas (GHG) emissions related to human activity are the main cause of global warming, and buildings within the Town of Ithaca are the most significant contributor to local GHG emissions, responsible for more than half of all community GHG emissions; and Whereas, the Town Board unanimously adopted the Town’s Green New Deal on March 23, 2020, which sets forth a goal to achieve an equitable transition to carbon-neutrality community- wide by 2030; and Whereas, New York State, through its Climate Leadership and Community Protection Act, has set ambitious goals to combat climate change through GHG reduction, and state goals are in line with many of the objectives of the Energy Code Supplement (“ECS”), including reducing emissions in buildings, electrifying space heating, water heating, and cooking systems, increasing the use of renewable energy, and reducing the use of fossil fuels; and Whereas, for new buildings, the most affordable and cost-effective time to reduce GHG emissions is during the design and construction phases of a project, rather than at a time of later retrofit; and Whereas, pursuant to section 11-109 of the New York State Energy Law, and subject to the provisions and requirements of that section, municipalities may promulgate local energy conservation construction codes more stringent than the NYS Energy Code; and Whereas, Town Code Chapter 144, Energy Code Supplement, is a local energy code supplement for all new construction, certain additions, and major renovations, with requirements above and beyond the state energy code; and Whereas, the ECS is intended to advance best practices in the design of affordable buildings that deliver reduced GHG emissions and to provide a rapid but orderly transition to buildings that do not use fossil fuels on-site for major building energy needs, such as space heating and hot water heating, by 2026; and Whereas, the 2014 Town of Ithaca Comprehensive Plan recommends adopting a building code to require all new construction projects and major renovations to incorporate green building techniques and achieve specific energy efficiency standards; and Item 3b Whereas, the Comprehensive Plan includes the following guiding principle: The Town enacts and implements policies and regulations that integrate sustainability and climate protection into building and construction practices and land use planning; and Whereas, the Town of Ithaca adopted the Ithaca Energy Code Supplement on June 14, 2021; and Whereas, at Town Board meetings, including most recently on September 29, 2025 and November 10, 2025, the Board received an update on the Energy Code Supplement and was given the opportunity to discuss, ask questions, and offer suggestions on the proposal; and Whereas, a Public Hearing was scheduled for November 24, 2025 at 5:30 p.m., to hear all interested parties on the proposed local law; and Whereas, notice of the public hearing was duly advertised in the Ithaca Journal; and Whereas, the public hearing was duly held on the date and time and all parties were permitted an opportunity to speak on behalf of or in opposition to the proposed local laws, or any part of them; and Whereas, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, adoption of the local laws is a Unlisted Action for which the Town Board of the Town of Ithaca, acting as lead agency in an environmental review with respect to adoption of these local laws, has, on November 10, 2025, made a negative determination of environmental significance, after having reviewed and accepted as adequate the Short Environmental Assessment Form Parts 1, 2 and 3; and Whereas, the Town Board finds that the amendments to the Town Code, and the type of development it enables will further the health, safety, and general welfare of the community and are in accordance with the Comprehensive Plan; now therefore, be it Resolved, that the Town Board of the Town of Ithaca hereby adopts Local Law of 2025, entitled: A Local Law Deleting Ithaca Town Code Chapter 144, Titled “Energy Code Supplement,” and replacing it with a new Chapter 144, Titled “Energy Code Supplement,” and be it further Resolved, that the Town Clerk is hereby authorized and directed to file the local laws with the Secretary of State as required by law. Moved: Seconded: Vote: 1 TOWN OF ITHACA LOCAL LAW NO. ___ OF THE YEAR 2025 A LOCAL LAW DELETING ITHACA TOWN CODE CHAPTER 144, TITLED “ENERGY CODE SUPPLEMENT,” AND REPLACING IT WITH A NEW CHAPTER 144, TITLED “ENERGY CODE SUPPLEMENT” Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 144 (Energy Code Supplement) of the Town of Ithaca Code is amended by deleting Chapter 144 and replacing it with the following new Chapter 144 (Energy Code Supplement): “§ 144-1. Title, Purpose, and Findings. 144-101. Title, purpose and objectives. 144-101.1. Title. This Chapter 144 of the Code of the Town of Ithaca shall be known as the "Energy Code Supplement" (ECS). 144-101.2. Purpose. The purpose of this chapter is to promote the public health, safety, and general welfare by establishing a local energy code supplement for construction of all new buildings, with requirements above and beyond the state energy code that will become more stringent over time. 144-101.3. Objectives. The objectives of this chapter are to: (1) deliver measurable, immediate, and long- lasting reductions in greenhouse gas (GHG) emissions from all new buildings; (2) advance best practices in the design of affordable buildings that deliver reduced GHG emissions; and (3) provide a rapid but orderly transition to buildings that do not use fossil fuels on-site for major building energy needs, such as space heating and hot water heating, by 2026. 144-102. Findings. 144-102.1. Findings of fact. The Town of Ithaca Town Board finds that: A. Climate change is causing an increase in extreme weather events, such as storms, flooding, and heat waves that threaten human life, healthy communities, and critical infrastructure in the Town, New York State, and across the world. B. There is a clear emerging international consensus that to avoid the most severe impacts of a changing climate, global warming should be limited to 1.5° C. C. GHG emissions related to human activity are the main cause of global warming. Buildings within the Town of Ithaca are the most significant contributor to local GHG emissions, responsible for more than half of all community GHG emissions. D. The Town Board unanimously adopted the Town's Green New Deal on March 23, 2020, which sets forth a goal to achieve an equitable transition to carbon-neutrality community-wide by 2030. E. New York State, through its Climate Leadership and Community Protection Act, has set ambitious goals to combat climate change through GHG reduction. State goals are in line with many of the objectives of the Energy Code Supplement, including reducing emissions in buildings, electrifying space heating, water heating, and cooking systems, increasing the use of renewable energy, and reducing the use of fossil fuels. F. The combustion of fossil fuels in homes and other buildings decreases internal air quality and 2 has adverse impacts on human health. G. For new buildings, the most affordable and cost-effective time to reduce greenhouse gas emissions is during the design and construction phases of a project, rather than at a time of later retrofit. § 144-2. Scope and Application. 144-201. 144-201.1. Pursuant to § 11-109 of the New York State Energy Law, and subject to the provisions and requirements of that section, the Town of Ithaca has the power to promulgate a local energy conservation construction code that is more stringent than the Energy Conservation Construction Code of New York State (ECCCNYS). 144-201.2. This ECS provides requirements and standards that are in addition to, and shall supplement, the requirements and standards set forth in the ECCCNYS and in Chapter 125, Building Construction and Fire Prevention, of the Code of the Town of Ithaca. If a requirement of the ECS is less stringent than that of the ECCCNYS in effect at the time of application for a building permit, then the more stringent ECCCNYS requirement shall take precedence. The ECS shall be followed to the greatest extent possible while meeting any more stringent requirements of the ECCCNYS. The plans, specifications, and other materials required by the Code Enforcement Officer relating to the ECS- related components of the building, structure, and/or property shall be submitted to the Code Enforcement Officer in conjunction with an application for a building permit pursuant to said Chapter 125 and pursuant to Chapter 270, Zoning, of the Code of the Town of Ithaca. 144-201.3. The Town shall enforce this chapter in addition to the Town's enforcement of the ECCCNYS. Chapter 125, Building Construction and Fire Prevention, of the Code of the Town of Ithaca sets forth the method for administration and enforcement of the ECS and establishes powers, duties and responsibilities in connection therewith, including penalties and other remedies for violations of the ECS. 144-201.4. Except as specified in this chapter, this chapter shall not be used to require the removal, alteration or abandonment of, nor prevent the continued use and maintenance of, an existing building or building system lawfully in existence at the time of adoption of this chapter. 144-202. Applicability. 144-202.1. Applicability. A. Beginning on January 1, 2026, the requirements of this Energy Code Supplement shall apply to construction of the following new buildings: 1. Commercial building. 2. Residential building. B. Exceptions to 144-202.1, Applicability. 1. The requirements of the ECS shall not apply to the following: a. A manufactured home. b. An agricultural building. c. A building or part of a building that is used as critical infrastructure. d. A building or part of a building that is used as a hospital or other medical facility. 3 e. A building or part of a building used for generation of emergency back-up power or standby power. 2. The requirements of the ECS shall not apply to construction that does not include conditioned space. 3. The requirements of the ECS shall not apply to construction for which all necessary building permits have been issued prior to January 1, 2026. Such construction shall comply with the version of the ECS (if any) that was in effect at the time of issuance of all necessary building permits. 4. The requirements of the ECS shall not apply to construction for which completed applications for all necessary building permits have been submitted prior to January 1, 2026, if such applications are diligently prosecuted to conclusion. Such construction shall comply with the version of the ECS (if any) that was in effect at the time of submission of completed applications for all necessary building permits. a. For the purposes of this subsection only, a building permit application shall be deemed "completed" if all other necessary approvals, including but not limited to site plan, subdivision, special approval, special permit, and variance have been received prior to January 1, 2026, and if the building permit application contains all required information, materials, and fees normally and reasonably required by the Code Enforcement Officer to commence their building permit review process. b. A building permit application shall be deemed "diligently prosecuted to conclusion" if the applicant promptly responds to any inquiries and promptly supplies any additional information reasonably required by the Code Enforcement Officer, and the applicant otherwise cooperates so as to permit and enable the Code Enforcement Officer to adequately and completely review the application and render a decision on same within a reasonable period of time of its submission, and in any event within three months of its submission. 144-202.2. Emissions and fuels. All buildings shall be built to have net-zero GHG emissions and shall not use fossil fuels. 144-202.3. Applicable New York State Energy Conservation Construction Code appendices. A. The Town adopts, and commercial buildings shall meet, all provisions of New York State Energy Conservation Construction Code Appendix CC, as modified by the Town below. Appendix CC is provided in the adopted version of the ECCCNYS and can be found at the following link: (free viewing at: https://codes.iccsafe.org/codes/united-states/new-york or purchased at: https://shop.iccsafe.org/custom-codes/state-codes/new-york.html). B. The Town adopts, and residential buildings shall meet, the provisions of New York State Energy Conservation Construction Code Appendix RC, as modified by the Town below. Appendix RC is provided in the adopted version of the ECCCNYS and can be found at the following link: (free viewing at: https://codes.iccsafe.org/codes/united-states/new-york or purchased at: https://shop.iccsafe.org/custom-codes/state-codes/new-york.html). C. The Town modifies Appendix CC Section CC103.1’s reference to Section C405.13.1 (Electrical energy metering) so that it refers instead to Section C405.15.1 (On-site renewable energy systems). D. The Town modifies Appendix CC and Appendix RC by replacing all occurrences of the term “International Energy Conservation Code” with the term “Energy Conservation Construction Code of New York State.” 4 § 144-3. Definitions. 144-301. General. 144-301.1. Terms defined in other codes. Where terms are not defined in this code and are defined in the Energy Conservation Construction Code of New York State, such terms shall have the meanings ascribed to them as in that code. Where terms are not defined in this code and are defined in a New York State code other than the Energy Conservation Construction Code, and the applicable code is specifically referenced in relation to the terms, such term shall have the meanings ascribed to them in relation to the referenced code. 144-302. General definitions. As used in this chapter, the following terms shall have the meanings indicated: ECS — The Energy Code Supplement, which is Chapter 144 of the Ithaca Town Code. FOSSIL FUELS — An energy source formed in the Earth's crust from decayed organic material. The common fossil fuels are petroleum, coal, and natural gas. For purposes of this ECS, fossil fuels shall also include common extracts, derivatives, and products of fossil fuels, including but not limited to propane, kerosene, and gasoline. GREENHOUSE GAS (GHG) — Any of several gases, including carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), and fluorinated gases, that trap heat in the atmosphere. TOWN — The Town of Ithaca. ZONING BOARD OF APPEALS — The Town of Ithaca Zoning Board of Appeals. § 144-4. Compliance Documentation and Variances. 144-401. Compliance documentation. 144-401.1. 144-401.1.1 A green building compliance checklist shall be submitted to the Town to identify how the proposed construction will comply with the applicable provisions of the ECS. The checklist shall be submitted with the construction documents, prior to the Building Department issuing the building permit. For projects that require planning review, a preliminary green building checklist shall be submitted at the planning review phase, indicating which green compliance methods are proposed/planned. 144-401.1.2. Compliance documents are available from the Town of Ithaca website and from the Town Code Enforcement Department. 144-402. Variances. 144-402.1. 144-402.1.1. Any person aggrieved by an order, interpretation, or decision of a Code Enforcement Officer concerning the application or requirements of the provisions of this chapter may take an appeal to the Zoning Board of Appeals. 144-402.1.2. An application for an interpretation or variance shall be submitted to the Building and Code Enforcement Department in a form substantially indicating the name and owner of the real property, the nature of the condition for which an interpretation or variance waiver is sought, and the reasons for which an interpretation or variance is sought. 144-402.1.3. The applicant shall pay the Town the same fee as that set from time to time by Town Board resolution for appeals to the Zoning Board of Appeals for area variances from zoning requirements. 5 144-402.1.4. The Zoning Board of Appeals shall, in accordance with the provisions of this chapter, review any order, interpretation, or decision (including refusals of a building permit or certificate of occupancy or certificate of compliance) of said Code Enforcement Officer where such order, interpretation, or decision is based upon the requirements of this chapter. 144-402.1.5. The Zoning Board of Appeals, in hearing an appeal from the order, interpretation, or decision of the Code Enforcement Officer, shall have the power to make its own interpretation (where an interpretation is requested), and to grant variances from the standards and requirements of this chapter. Any standard or requirement of this chapter may be varied, in whole or part, with regard to specific construction upon application made by or on behalf of an owner, where the applicant meets its burden of demonstrating strict compliance with such standard or requirement would entail practical difficulty or cause any unnecessary hardship in relation to such construction; provided, however, that any such variance shall provide for alternative energy conservation standards or requirements to achieve, to the extent practicable, the purpose of this chapter to reduce greenhouse gas emissions. 144-402.1.6. In determining whether to grant a variance from a standard or requirement of this chapter, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the community that would result by such grant. In making such determination, the Zoning Board of Appeals shall also consider and make findings on the following: A. Whether the benefits sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance; B. Whether the applicant has proposed to implement other energy or construction options, in place of the standard or requirement that is the subject of the variance request, that will result in the least amount practicable of additional greenhouse gas emissions. C. Whether the variance request will result in a substantial amount of greenhouse gas emissions if the request is granted. D. Whether the variance request is unique to the building, project, or site and does not apply to a substantial portion of the neighborhood or community. E. Whether the requested variance is the minimum necessary. F. Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals but shall not necessarily preclude the granting of the variance. 144-402.1.7. If the Zoning Board of Appeals grants a variance, it shall grant the minimum variance necessary, condition such grant on the imposition of alternative energy conservation standards or requirements to achieve to the extent practicable the purpose of this chapter to reduce greenhouse gas emissions, and impose other conditions as such Board may reasonably determine necessary to mitigate the consequences of the grant of the variance. 144-402.1.8. The procedures relating to variances in Chapter 270, Zoning, of the Town of Ithaca Code, and the procedures set forth in New York Town Law § 267-a(5) through (9) and (11) through (13) shall apply, except to the extent expressly provided otherwise herein or superseded hereby. Those subsections contain procedures and requirements for the filing of administrative decisions; the time for appeal to the Zoning Board of Appeals; stays upon appeal; hearings of appeals; time, filing and notice of Zoning Board of Appeals decisions; compliance with the New York State Environmental Quality Review Act; rehearings; and voting requirements. In addition to publication of the public hearing notice, the Zoning Board of Appeals notice of the application shall also be given to all landowners owning property adjoining the property for 6 which an interpretation or variance is sought. The Zoning Board of Appeals notice shall also be posted on the property in accordance with the posting provisions of § 270-237 of the Town of Ithaca Code. To the extent a procedure is not provided herein, the Zoning Board of Appeals may administratively adopt procedures that are approved by the Town Board and published in the official minutes of the Town Board of the Town of Ithaca. 144-402.1.9. The actions and determinations of the Town of Ithaca, the Zoning Board of Appeals, the Town Board, and the Code Enforcement Officer, as referenced in this chapter, shall be deemed final determinations for purposes of Article 78 of the New York Civil Practice Laws and Rules (CPLR). Notwithstanding this, standing under said Article 78 of the CPLR shall only be appropriate after the exhaustion of any administrative reviews and/or appeals as provided for in this chapter. 144-402.1.10. Unless work has commenced in accordance with the variance granted by the Zoning Board of Appeals within one year from the issuance of the building permit authorizing such work, or within 18 months of the granting of such variance, whichever is earlier, not only the building permit but the variance shall expire and the construction on the property shall revert to those ECS standards and requirements in effect at the time of variance expiration. 144-402.1.11. If the building permit expires, the variance shall also expire at the same time.” Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. This local law shall take effect on January 1, 2026. To: Town Board Members From: C.J. Randall, Director of Planning Date: November 19, 2025 Subject: Chapter 270 (Zoning) updates In Brief The Town’s Codes & Ordinances Committee (COC) has considered and drafted, with assistance from staff, Zoning amendments for the Town Board’s consideration related to expiration of variances and special approvals. The proposed Zoning amendments also include an update to a Zoning definition as well as provisions related to timing issues with posting of notices as requested by administrative staff. (Redline amendments are included herein.) Ordinary High Water Level Recently the Town was made aware that the high water mark of Cayuga Lake is identified as being 383.50 feet using 6 CRR-NY 608.11 (Mean high water elevations, based on Waters Index Number(s), classified by the NYS Department of Environmental Conservation. The COC unanimously recommended this provision at their regular meeting on November 13, 2025. Posting of notices Town Code § 270-237B currently requires the posting of a sign to be on a property at least 14 days prior to the meeting but not more than 30 days before the meeting. New York State Town Law 267-a (Zoning Board of Appeals procedure) requires legal notice to be posted in the newspaper five days in advance of the meeting; New York State Town Law 274-a (Site plan review) also requires the legal notice to be posted in the newspaper five days in advance of the meeting. Staff recommended that the posting of the property notice in Town Code §270-237B be updated to reflect the five-day advance notice to remain consistent with the requirements of the New York State Town Law sections as identified above. Staff also recommended removing the requirement in Town Code § 270-237E that requires Town Board to set fees for these signs. The COC unanimously recommended this provision at their regular meeting on November 13, 2025. Expiration of Variances and Special Approvals, revisited The COC discussed the recommendation to extend the timeframe for variances granted by the Town’s Zoning Board of Appeals from 18 months to 36 months (Town Code § 270 -235J); if approved, this provision would coincidence with the Town’s existing Site Plan review regulations (also 36 months). The COC unanimously recommended this provision at their regular meeting on July 10, 2025. During the subsequent development of draft Local Laws for this Board’s consideration, staff identified contradictory language in th e Town Code. Thus, and seeking to resolve these conflicts, on November 13, 2025, staff presented the COC with additional suggested amendments to Town Code § 270-236(G) associated with expiration of site plans and special permits that conflict with the existing language in Town Code § 270-194: Expiration of site plan approval and Town Code § 270-202: Expiration of special permit or special approval. The COC unanimously recommended this provision at their regular on November 13, 2025. Further Information Please contact C.J. Randall (cjrandall@townithacany.gov or 607-882-2474) with any questions or concerns. Draft COC amendments to Town Code Chapter 270: Zoning November 2025 Section 270-5: Definitions ORDINARY HIGH WATER LEVEL The ordinary high water level for Cayuga Lake as identified in 6 CRR-NY 608.11.is 384 feet above sea level. Section 270-235: Zoning Board J. Unless work has commenced in accordance with the variance or special approval given granted by the Zoning Board of Appeals within one year from the issuance of the building permit authorizing such work, or within 18 36 months of the granting of such variance or special approval, whichever is earlier, not only the building permit but the variance or special approval shall expire and the permissible uses and construction on the property shall revert to those in effect prior to the issuance of such special approval or variance. Special approvals granted by the Zoning Board of Appeals are governed by 270-202. Section 270-236: Planning Board Proposed modification to remove § 270-236G: Unless work has commenced in accordance with the site plan approval or special permit given by the Planning Board within one year from the issuance of the building permit authorizing such work, or within 18 months of the granting of such approval or special permit, whichever is earlier, not only the building permit but the approval or special permit shall expire and the permissible uses and construction on the property shall revert to those in effect prior to the issuance of such approval or special permit. Section 270-237: Posting of notices Proposed modification to § 270-237B: The posting shall occur at least 14 5 days and not more than 30 days before the first meeting of the Board at which the matter is to be heard as set forth above. Proposed modification to § 270-237E: The required signs shall be obtained from the Town Planner or his/her designee, Code Enforcement Officer, or Town Clerk and shall contain the information set forth on the form of sign supplied by the Town. Fees for such signs shall may be set from time to time by Town Board resolution. Item 4 MEETING OF THE ITHACA TOWN BOARD November 24, 2025 TB Resolution 2025 - XXX: Approval and authorization for the Town Supervisor to sign a contract with Erdman Anthony for Professional Services for the Lower Stone Quarry Road Drainage Project Whereas, on July 18, 2025, the Director of Engineering (Director) received responses to a request for qualifications for the Lower Stone Quarry Road Drainage Project (Project), and Whereas, Erdman Anthony has been selected based on adequately outlined related work experience, project objectives, and timelines that meet and/or exceed our expectations, and Whereas, Erdman Anthony provided a proposal for the scope of work to be performed, dated September 10, 2025, and Whereas, the Director has reviewed the proposal and recommends the Town Board award the Project for the feasibility study scope as identified by Erdman Anthony, now, therefore be it Resolved, that the Town Board approves and authorizes the Supervisor to execute a contract for the Project to Erdman Anthony, with an office at 145 Culver Rd, Suite 200, Rochester, NY 14620, for an amount not to exceed Seventy-Three Thousand One Hundred Dollars and Zero Cents ($73,100), subject to review by the Attorney for the Town. Moved: Seconded: Vote: 1 Town of Ithaca and ERDMAN ANTHONY Services Agreement THIS AGREEMENT is made this ___ day of , 2025 between the TOWN OF ITHACA, with offices at 215 N. Tioga St., Ithaca, NY 14850 (hereinafter referred to as the "Town"), and ERDMAN ANTHONY, with an office at 145 Culver Road, Suite 200, Rochester, NY 14620, hereinafter referred to as the "Engineer" or the “Contactor”). The Town and Engineer agree as follows: 1. Services to be Performed. Engineer agrees to perform engineering services for the Town as set forth in the Engineer’s “Scope of Work and Deliverables” section of Engineer’s September 10, 2025 Proposal for Professional Engineering Services submitted in response to the Town’s Request for Qualifications for the Lower Stone Quarry Road Drainage Project Feasibility Study (the “RFQ”). The Scope of Work and Deliverables section is attached as Exhibit A. In the Town’s discretion, it may consider a contract amendment at a later date for additional services described in the RFQ. The Town and Engineer shall determine the scope and fee amount based on the results of the feasibility study’s findings. Engineer shall complete all tasks and provide all deliverables within eight (8) months of receipt of the Town’s notice to proceed with the work. 2. Fees. The Engineer shall be paid a fixed fee amount of Seventy-Three Thousand One Hundred Dollars and No Cents ($73,100.00) for services provided, including all travel, time and expenses associated with performing the services for the Town. Payments will be made in accordance with the procedures in Section 5 below. 3. Term of Agreement. The term of this Agreement shall be from ___________ __, 2025, until ___________, 2026, unless earlier terminated by either party. Notwithstanding the term set forth above, this Agreement may be terminated by either party at any time without cause upon seven (7) days prior written notice to the other party, in which case the Engineer shall be paid pro rata for the satisfactory work performed to the date of termination. This Agreement may be terminated immediately by either party upon the breach of any of its terms by the other party. Termination shall be effected by the breaching party’s receipt of a written notice of termination setting forth the manner in which the party is in default. In the event of the Town’s termination for Engineer’s default, the Engineer will be paid only for services performed in accordance with this Agreement. If it is later determined by the Town that the Engineer had an excusable reason for not performing, such as a strike, fire, flood, or other events which are not the fault of or are beyond the control of Engineer, the Town may allow the Engineer to continue work, or treat the termination as a termination without cause. 2 4. Quality of Work. The work to be performed hereunder shall be of good workmanship and quality. If this Agreement is for the performance of services, the Engineer shall perform its services using that degree of skill and care ordinarily exercised under similar conditions by experienced, qualified, competent, and reputable professionals practicing in the same field in the same or similar locality at the time of performance. 5. Payment for Services. Requests for payments for services shall be submitted with a list of the tasks, activities or products, expenses, the dates on which performed, supplied, or incurred, and, if applicable, the time spent on each indicated date for which the Town is being billed. Payments will be made on a monthly basis, based on a schedule set by the Engineer and Town. All requests for payment will be submitted 5 days prior to the Town Board Voucher Deadline (typically the 1st and 3rd. Wednesday of every month) for review by Town. Payment for services will be made based on the proportion of the fixed amount earned for each task satisfactorily completed as follows: The Town Board will review the vouchers and, if acceptable, pay for the services and/or products after approval of the vouchers by the Town Board in compliance with the Town Board’s statutory duties to audit claims for payment. In no event will the total payments to Engineer exceed the fee amounts stated in Section 2 above. 6. Relationship. The Engineer is, for all purposes (including, without limitation, withholding of income tax, payment of workman's compensation, and payment of FICA taxes) an independent contractor and no employer-employee relationship is intended, implied, or created by this Agreement. Engineer shall determine the times and manner of performance of any services for the Town hereunder consistent with the overall obligations to complete the work contemplated by this Agreement. Engineer shall be free to devote such portions of its time not required for the performance of services to the Town in such manner as Engineer sees fit and for such other persons, firms, or entities as Engineer deems advisable, provided that such other services do not constitute a conflict of interest with the interests of the Town. Task Lump Sum Task 1: Scoping and Site Review $5,200.00 Task 2: Developing Rudimentary Mapping $3,100.00 Task 3: Environmental Desktop Review $2,200.00 Task 4: Study Multimodal Needs $6,400.00 Task 5: Conceptual Roadway Alignment and Drainage Alternatives $23,300.00 Task 6: Coordination Meetings $6,500.00 Task 7: Prepare Summary Report $17,000.00 Task 8: Prepare Opinion of Probable Cost $9,400.00 Total $73,100.00 3 7. Ownership of Products of Service. All work products of any services to be performed hereunder shall be the property of the Town, and the Town is vested with all rights therein, including the right to use, duplicate, distribute, share, or sell such materials, without any further compensation of any nature to Engineer. If patents or copyrights may be obtained with respect to such work, the Town shall own same and have all rights to same without further compensation to the Engineer. The Engineer also retains the right to use the work products. Any reuse of the work product not for their intended purpose shall be at the sole risk to the Town. 8. Regulatory Compliance. All work under the Agreement shall be performed in accordance with applicable statutes, rules and regulations of the Federal, State, and local governments and agencies. 9. Insurance Requirements. A. The Contractor and any subcontractors (Subcontractors) shall purchase and maintain insurance of the following types of coverage and limits of liability with insurance carriers licensed in New York State that have a rating no lower than "A- VII" by the most recent A.M. Best's Key Rating Guide, unless otherwise agreed to by the Town of Ithaca: 1) Commercial General Liability (CGL) with limits of Insurance of not less than $1,000,000 each occurrence and $2,000,000 Annual Aggregate. a. If the CGL coverage contains a General Aggregate Limit, such General Aggregate shall apply separately to each project. b. CGL coverage shall be written on ISO Occurrence form CG 00 01 1093 or a substitute form providing equivalent coverage and shall cover liability arising from premises, operations, independent contractors, products-completed operations, and personal and advertising injury. c. Contractor, the Town of Ithaca, and all other parties required of the Contractor/Subcontractor, shall be included as Additional Insureds on the CGL, using ISO Additional Insured Endorsement CG2010 (11/85) or CG2010 (04/13) AND CG2037 (04/13) or CG2037 (04/13) AND CG2038 (04/13) or an endorsement providing equivalent coverage to the additional insureds. This insurance for the additional insureds shall be as broad as the coverage provided for the named insured Contractor/Subcontractor. It shall apply as Primary and non-contributing Insurance before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured. d. Contractor/Subcontractor shall maintain CGL coverage for itself and all additional insureds for the duration of the project and maintain Completed Operations coverage for itself and each additional insured for at least 3 years after completion of the Work. e. The policy may not contain any exclusions relating to NY Labor Law or municipal work. 4 2) Automobile Liability a. Business Auto Liability with limits of at least $1,000,000 each accident. b. Business Auto coverage must include coverage for liability arising out of all owned, leased, hired and non-owned automobiles. c. Contractor, Town of Ithaca and all other parties required of the Contractor, shall be included as Additional Insureds on the auto policy. 3) Commercial Umbrella a. Umbrella limits must be at least $5,000,000. b. Umbrella coverage must include as insureds all entities that are additional insureds on the CGL. c. Umbrella coverage for such additional insureds shall apply as primary before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured other than the CGL, Automobile Liability and Employer’s Liability coverages maintained by the Contractor/Subcontractor. d. The policy may not contain any exclusions relating to NY Labor Law or municipal work. 4) Professional Liability with limits of Insurance of not less than $1,000,000 each occurrence and $2,000,000 Annual Aggregate for the professional acts of the Consultant performed. 5) Workers’ Compensation and Employer’s Liability - Statutory coverage complying with the New York Workers’ Compensation Law - Contractor and Subcontractors must submit one of the following: CE-200 - Certificate of Attestation of Exemption from NYS Workers’ Compensation, OR C-105.2 - Certification of NYS Workers’ Compensation Insurance, OR U-26.3 - State Insurance Fund version), OR SI-12 - Certificate of NYS Workers’ Compensation Self Insurance, OR GSI-105.2 - Certificate of NYS Workers’ Compensation Group Self- Insurance 6) Disability Benefits Coverage - Statutory coverage complying with NYS Workers’ Compensation Law - Contractor and Subcontractors must submit one of the following: CE-200 - Certificate of Attestation of Exemption from NYS Disability Benefits Coverage, OR DB120.1 - Certification of Disability Benefits Insurance, OR DB155 - Certificate of Disability Self-Insurance B. Waiver of Subrogation 1) Contractor waives all rights against the Town of Ithaca and its elected officials, public officers, Boards, employees and agents for 5 recovery of damages to the extent these damages are covered by Commercial General Liability, Commercial Umbrella liability, Automobile Liability, Workers’ Compensation, and/or Employer’s Liability insurance maintained per the requirements stated above. 2) Contractor shall assure that all Subcontractors execute a waiver of all rights against Contractor, the Town of Ithaca, and their respective elected officials, public officers, Boards, directors, officers, employees and agents for recovery of damages to the extent these damages are covered by Commercial General Liability, Commercial Umbrella liability, Automobile Liability, Workers’ Compensation, and/or Employer's Liability insurance maintained per the requirements stated above. Contractor shall provide the Subcontractors’ executed subrogation waivers to the Town of Ithaca prior to the commencement of work under this Agreement. C. Attached to each certificate of insurance shall be a copy of the Additional Insured Endorsement that is part of the Contractor/Subcontractor’s policies. These certificates and the insurance policies shall contain a provision that coverage afforded under the policies will not be canceled or allowed to expire until at least 30 days prior written notice has been given to the Town of Ithaca. D. Contractor acknowledges that failure to obtain such insurance on behalf of the Town of Ithaca constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to the Town of Ithaca. The Contractor is to provide the Town of Ithaca with a certificate of insurance, evidencing the above requirements have been met, prior to the commencement of work or use of facilities. The failure of the Town of Ithaca to object to the contents of the certificate or the absence of same shall not be deemed a waiver of any and all rights held by the Town of Ithaca. E. Additional Subcontractor Requirements 1) Without in any way limiting the Contractor's liability pursuant to the indemnification provisions of this Agreement, the Contractor shall require each Subcontractor to: (a) maintain insurance coverages and limits of liability in accordance with the provisions of this Agreement (though the Commercial Umbrella limits required of each Subcontractor may be adjusted, if agreed to by the Town of Ithaca, in advance of any work being undertaken); and (b) name the Town of Ithaca, the Contractor, and their respective elected officials, public officers, Boards, directors, officers, employees and agents as Additional Insureds on a direct primary basis under its Commercial General Liability insurance policy and Commercial Umbrella insurance policy. 2) The Contractor is responsible for obtaining and providing to the Town of Ithaca Certificates of Insurance from each Subcontractor 6 evidencing coverage in accordance with the requirements applicable to Subcontractors under these Insurance Requirements, and the Contractor shall not permit Subcontractor’s work to be undertaken until Subcontractor’s compliance with such requirements is evidenced. 10. Indemnity. To the fullest extent permitted by law, the Engineer agrees to fully defend, indemnify and hold harmless the Town, its elected officials, public officers, employees, and agents from and against all claims, actions, suits, demands, complaints, damages, liabilities, obligations, losses, settlements, judgments, governmental investigations, costs and expenses (including without limitation reasonable attorney’s fees and costs), whether or not involving a third party claim, which any or all of them may incur, resulting from bodily injuries (or death) to any person, damage (including loss of use) to any property, other damages, or contamination of or adverse effects on the environment, to the extent caused by, resulting from or arising out of the negligent acts or omissions of Engineer or Engineer’s employees, agents or subcontractors, in connection with this Agreement. To the extent the Town is negligent, Engineer’s duty to indemnify the Town shall not extend to the proportion of loss attributable to the Town’s negligence. 11. Engineer May Not Assign. This Agreement may not be assigned by the Engineer without the previous written consent to such assignment from the Town, which consent may be withheld entirely at the discretion of the Town, it being understood that the Town is making this Agreement personally with the Engineer and is not intending that it be performed by any other person or entity. 12. Binding Nature of Agreement. This Agreement is binding upon the parties, their respective representatives, and successors and, when assignment is permitted, assigns. 13. Governing Law, Jurisdiction, and Enforcement. This Agreement is made in New York and shall be construed under the laws of the State of New York without regard to, or the application of, New York State’s choice of law provisions. Both parties consent that if any action is brought to enforce this Agreement, it shall be brought only in an appropriate Court in Tompkins County, New York, and both parties consent to the jurisdiction of such court. 14. Notices. Any notices or other communications given under or in relation to this Agreement shall be deemed duly given if served personally or by commercial courier service upon the other party at the address set forth above, or, if the mails are operating, mailed by certified mail to the other party at the address set forth above, return receipt requested. All notices shall be effective upon the date of receipt. Either party may change the address to which notices are sent by giving notice of such change in the manner set forth above to the other party. 15. Entire Agreement. 7 This Agreement constitutes the entire agreement between the parties and supersedes any and all prior written or oral agreements, negotiations, or understandings, existing between the parties. This Agreement may be amended only by written instrument signed by each party. 16. Survival. The rights and obligations of the respective parties under Section 10 (Indemnity), Section 12 (Binding Nature of Agreement), Section 13 (Governing Law, Jurisdiction, and Enforcement), and Section 17 (Claims and Disputes Arbitration) shall survive the expiration or termination (for any reason) of this Agreement and remain in full force and effect. 17. Claims and Disputes Arbitration. The Town may elect to subject disputes arising out of this Agreement to resolution by mediation, arbitration, or litigation. This election can be made at any time up until sixty (60) days after the claim or dispute arises in writing. If the Town does not make an election, the dispute shall be subject only to litigation. Unless otherwise agreed by the parties at the time of such election, the rules governing mediation or arbitration invoked by the Town shall be the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association. Engineer hereby waives the right to elect the method of dispute resolution and agrees that this waiver is supported by sufficient and appropriate consideration. 18. Severability. If any provision of this Agreement is deemed to be invalid or inoperative for any reason, that part may be modified by the parties to the extent necessary to make it valid and operative, or if it cannot be so modified, then it shall be deemed severed, and the remainder of this Agreement shall continue in full force and effect as if this Agreement had been signed with the invalid portion so modified or eliminated. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day(s) and year written below. TOWN OF ITHACA ERDMAN ANTHONY By: By: ___________________ Rod Howe Printed Name: Town Supervisor Title: Date: _______________________ Date: ____________________ 8 EXHIBIT A 145 Culver Road • Suite 200 • Rochester, NY 14620 • (585) 427-8888 September 10, 2025 David O’Shea, P.E. Director of Engineering / Town Engineer Town of Ithaca 114 Seven Mile Dr. Ithaca, NY 14850 SUBJECT:Proposal – Lower Stone Quarry Road Drainage Project Dear Mr. O’Shea: Erdman Anthony is pleased to submit this proposal for Professional Engineering Services to the Town of Ithaca, in connection with the subject project. Project Understanding Per our conversation, we understand that the Town is looking to develop alternatives to provide improvements to the roadway and drainage of a portion of Lower Stone Quarry Road between the Town/City line and 253 Stone Quarry Road. The work would include a feasibility study with consideration for future phases of the project, depending on funding availability, project need and approvals. The Town of Ithaca sees the following issues with the roadway: a.Lack of shoulders b.Lack of drainage, specifically where the ditches end and the shoulder face of rock interface c.Icing in the winter, especially at driveway entrances d.Closed drainage and open drainage / ditches are difficult due to shallow rock, close homes and rock face. Closed drainage is difficult because it may have to be within roadway. e.There are some sight distance issues with some of the vertical curves f.There have been complaints from property owners about drainage and washouts near the City / Town line. Town can provide locations where this is occurring. g.There is no space for snow storage. Based on our understanding of the project, Erdman Anthony is pleased to present the following proposed scope of services for your consideration. Scope of Work and Deliverables Scoping Meeting:We will meet with Town representatives to confirm their project objectives, discuss possible routing options and obtain site specific information. Site Review and Field Visit to Identify Conflicts: We will visit the site to review potential alignments and to visually identify potential conflicts with utilities, drainage ditches, landscaping and other features. We will also study traffic patterns and use the NYSDOT Traffic Data Viewer to obtain traffic counts. David O’Shea, P.E. September 10, 2025 Page 2 of 4 145 Culver Road • Suite 200 • Rochester, NY 14620 • (585) 427-8888 Develop Rudimentary Topographic Mapping: We will utilize aerial imagery and available LiDAR information to prepare rudimentary mapping. The mapping will include the approximate locations of the roadway, adjacent houses, rock outcroppings, guiderail, vegetation, and driveways. The approximate highway boundary will be determined based on tax maps and any information provided by the Town of Ithaca. Environmental Desktop Review: We will perform a desktop review to identify potential environmental issues such as the possible presence of Federal Wetlands, State Wetlands and their associated check zone, architecturally sensitive areas, potential endangered or threatened species. Ultimately, we will identify potential permits that will be necessary. Study Multi-modal Needs: We will study the need for multi-modal features along the roadway, i.e. sidewalk and wide shoulders for pedestrians and bicyclists. This need or lack thereof will likely shape the proposed roadway alternatives. Prepare Conceptual Roadway Alignments and Drainage Improvements: Based on the results of the preliminary investigations, we will develop conceptual roadway alignments and drainage improvements from the municipal boundary to 253 Stone Quarry Road. Drainage improvements would likely be shallow ditches with some limited closed drainage. Deep ditches and extensive closed drainage would likely not be feasible due to the rock face and existing homes being close to the roadway. Wider shoulders would likely be included in the proposed alternatives to provide snow storage. A roadway realignment would help increase the distance to deadly objects and provide a larger clear zone distance from the travel lanes. Two alternatives will be developed as part of the analysis. The first would assume a full shift of the highway alignment to provide a 4-6’ wide shoulder and possibly open drainage. The second would be more economical to improve the situation as much as possible while shifting the horizontal alignment slightly (possibly 2’). This alternative would include closed drainage that may or may not be in the road. Both alternatives would accommodate recreational trails that exist along the corridor. Both alternatives will be developed as concepts, with the preferred alternative carried forward in the preliminary plans. Coordination Meetings: We will participate in a total of 5 meetings where we will present the results of our studies and the proposed alternatives. There will be 2 meetings to decide if a sidewalk will be necessary, 1 with the Planning Group and 1 with Public Works. There will be 3 meetings during preliminary design, 1 with Public Works, 1 with the MPO and 1 with the Town Board. The meetings with the MPO and Town Board will be held in person, and the other meetings will be virtual. Prepare Summary Report: We will prepare a brief report summarizing the project’s needs and objectives, conceptual alternative and potential challenges that might be encountered. The report will also include the results of the desktop screening and the quantity, locations and approximate area of ROW acquisitions that would be necessary. The report is anticipated to be limited to 4-5 pages and preliminary plans and will be a summary document only. It will not provide the level of detail of a Design Approval Document. Prepare Opinion of Probable Costs: Erdman Anthony will provide an opinion of probable construction cost representing the preliminary roadway alignments shown on the plans. We will also develop a preliminary cost estimate to include sidewalk along the roadway, although it is assumed the sidewalk will not be carried through preliminary design. Quantities will be based on the preliminary layout and pricing will be based on NYSDOT’s weighted average bid prices or pricing information from previous similar projects. Any opinions of cost will be David O’Shea, P.E. September 10, 2025 Page 3 of 4 145 Culver Road • Suite 200 • Rochester, NY 14620 • (585) 427-8888 based on standard engineering practice. Erdman Anthony has no control over the pricing in the marketplace and cannot guarantee that Client will obtain those costs at the time of bidding. The following deliverables will be prepared: ·Conceptual Roadway Plans with 2 alternatives ·Summary Report ·Opinion of Probable Costs Assumptions/Clarifications ·Erdman Anthony may rely upon the accuracy and completeness of any information, requirements, reports, data, surveys, and instructions (information) provided by Client unless expressly stated otherwise with respect to such information. ·Erdman Anthony shall use that degree of usual and customary professional skill and care ordinarily exercised by members of its profession under similar circumstances practicing in the same or similar locality at a similar time. ·Erdman Anthony will be promptly paid for services performed. ·Topographic survey will not be performed by Erdman Anthony. If any survey is necessary, it will be completed by the Town of Ithaca. ·ROW limits will be plotted on aerial mapping based on tax maps and available data from the Town. ROW survey and mapping will not be performed as part of this designation. ·Subconsultants will not be required. ·Erdman Anthony will assist but will not prepare any grant applications to obtain funding. ·The Town of Ithaca, not Erdman Anthony, will approach the MPO. ·If additional traffic counts are needed beyond what is available in the Traffic Data Viewer, the Town of Ithaca will obtain them. ·If the realignment requires watermain replacement, the design would be done by the Town of Ithaca. ·Coordination with NYSDOT is not required. NYSDOT approvals are not required. ·Design of large culvert replacements, greater than 5 ft diameter is not included. ·Detailed environmental studies are not required. Schedule Erdman Anthony will begin work on the project after receipt of a fully executed agreement. We will submit the final feasibility study within 8 months of Notice to Proceed. Compensation Erdman Anthony proposes to complete the above-described scope of services: for a fixed price of $73,100. Proposal Acceptance This proposal and attached STANDARD CONTRACT TERMS AND CONDITIONS, dated July 2020, are intended to represent the entire contractual relationship between Client and Erdman Anthony.Carefully review our Standard Contract Terms and Conditions and contact me with any questions or concerns that you may have. David O’Shea, P.E. September 10, 2025 Page 4 of 4 145 Culver Road • Suite 200 • Rochester, NY 14620 • (585) 427-8888 This proposal is valid only if signed within 90 days after the date of this letter. If you concur with and accept the provisions of this proposal and our Standard Contract Terms and Conditions, please have an authorized representative sign this proposal in the space provided. Please print two sets of documents, sign both and return one signed original to us for our records. This proposal and attached Standard Contract Terms and Conditions shall become an executed Contract between us. Receipt of an original signed copy of this Contract shall constitute Erdman Anthony's Authorization to Proceed with the work. Thank you for your interest in utilizing Erdman Anthony’s services for this project. We would appreciate an opportunity to further discuss any questions you may have with regard to this proposal or our services in general and appreciate your time and consideration in reviewing the proposal. If you have any questions or require additional information, please contact me at (585) 315-9114 or presuttipj@erdmananthony.com. We look forward to working with you and building a successful relationship. Sincerely, ERDMAN ANTHONY Paul J. Presutti, PE, PTOE Principal Associate Attachments: Terms & Conditions © 2021 Erdman Anthony Accepted for Client By: SIGNATURE: NAME (PRINTED): TITLE: DATE: STANDARD CONTRACT TERMS AND CONDITIONS CONTROLLED DOCUMENT July 2020 Page 1 of 6 Project Name: Lower Stone Quarry Road Drainage Project Section 1. Services.Erdman Anthony shall provide the Town of Ithaca (hereinafter called the Client) with the "Services" set forth in the Proposal for Services ("Proposal"), with respect to the property identified in the Proposal (the "Site"), under the Terms and Conditions set forth herein. Erdman Anthony's Services will be performed on behalf of and solely for the exclusive use of Client for the purposes set forth in the Proposal and for no other purpose. The Proposal, together with these Terms and Conditions, supersede all prior communications, understandings and agreements, whether oral or written. Amendments to this Agreement must be in writing and acknowledged by both Client and Erdman Anthony. In performing the services required by this Agreement, Erdman Anthony shall use that degree of usual and customary professional skill and care ordinarily exercised by members of its profession under similar circumstances practicing in the same or similar locality. The standard of care shall exclusively be judged as of the time the services are rendered and not according to later standards. Notwithstanding any other provision of this Agreement, Erdman Anthony makes no express or implied warranties with regard to the Agreement or the Services performed or required by this Agreement. In the event that Erdman Anthony and Client have not executed this Agreement, the Client’s authorization to Erdman Anthony to proceed with the performance of the services set forth herein shall constitute acceptance by the Client of these Terms and Conditions. Section 2. Construction Observation Services.Where such services are expressly included in the Proposal or in a written amendment thereto, Erdman Anthony will observe the work of the construction contractor at intervals agreed to in writing between Erdman Anthony and Client to determine and report to Client whether the work of the construction contractor is proceeding in such a way that, when completed, it will be in general compliance with such drawings and specifications. Such observations shall be limited only to those specific aspects of work that are identified in the Proposal or any written amendment. Erdman Anthony’s Observation Services do not include exhaustive or on-site inspection of the work of the construction contractor nor any supervision or direction of work of any construction contractor or subcontractor, or their respective employees, agents or servants. Erdman Anthony will not be responsible for any construction contractor’s or subcontractor’s compliance with the provisions of any contract nor for the observation or supervision of any construction contractor’s or subcontractor’s use of personnel, machinery or equipment. Under no circumstances shall Erdman Anthony have control over, be in charge of, or be responsible for construction means, methods, techniques, sequences or procedures in connection with the work, or for the construction contractor(s’)’s safety programs or procedures at the site. Section 3. Virtual Site Visits.Remote technology for site visit(s)may be used on the Site where such services are expressly included in the Proposal or in a written amendment thereto, or when they are authorized by any other written acknowledgement by the Client. The Client acknowledges that although this approach can be used for various purposes such as to accomplish required site visit(s), or to expedite review of a specific Site matter, and/or to accommodate health and safety concerns among other things, it does present inherent limitations. Client understands that there is a possibility that Project elements may not be observed and that Erdman Anthony will be relying solely on the information provided by the remote technology. The Client has weighed the relative risks and rewards and accepts the risk of incorporating this alternative method into the project. Such virtual site visit related services require good faith and collaboration and teamwork with those on the site to provide accurate and STANDARD CONTRACT TERMS AND CONDITIONS CONTROLLED DOCUMENT July 2020 Page 2 of 6 representative information to identify and highlight any issues of potential concern. Erdman Anthony’s Services shall rely on that information consistent with appropriate professional standards and obligations under the circumstances. In consideration of the substantial risks to Erdman Anthony in rendering professional services that employ virtual site visits in connection with this Project, the Client agrees to make no claim and hereby waives, to the fullest extent permitted by law, any claim or cause of action of any nature against the Erdman Anthony, its officers, directors, employees, agents and subconsultants, which may arise out of or in connection with such virtual site visits. Section 4. Jobsite Safety. Neither the professional activities of Erdman Anthony, nor the presence (physically or virtually) of Erdman Anthony or its employees and subconsultants at a project site, shall impose any duty on Erdman Anthony, nor relieve the construction contractor, project site owner, or others of their obligations, duties and responsibilities for safety including any health or safety precautions required of them by any regulatory agencies. Section 5. Opinions of Probable Construction Cost.Any cost estimates prepared by Erdman Anthony are based upon standard engineering practice. Client recognizes that Erdman Anthony has no control over the pricing in the marketplace and that Erdman Anthony cannot warrant or guarantee that Client will obtain these costs at the time of bidding. Any cost related to redesign of the project subsequent to bidding to lower the project cost will be considered additional services for which Erdman Anthony will be entitled to additional compensation. Section 6. Invoices, Payments.Client will pay Erdman Anthony for services performed in accordance with the rates and charges set forth in the Proposal. Invoices for Erdman Anthony's services will be submitted on a monthly basis. Client shall promptly review Erdman Anthony’s invoices. Any right to withhold payment based on errors or discrepancies in the invoice is waived if not identified in writing to Erdman Anthony within fourteen (14) days of Client’s receipt of invoice. Payment for all invoices will be due upon receipt of the invoice by Client. In the event of a disputed or contested invoice, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. Payment of any invoice to Erdman Anthony shall be taken to mean that the Client is satisfied with Erdman Anthony’s services and is not aware of any deficiencies in those services. Invoice balances remaining unpaid for thirty (30) days after invoice date will bear interest from invoice date at 1.5 percent per month (or part thereof) or at the maximum lawful interest rate if such lawful rate is less than 1.5 percent per month. Timely payment to Erdman Anthony in accordance with the Terms and Conditions of this Agreement is a material consideration of this Agreement. Therefore, the Client’s failure to make payments in accordance with this Agreement shall constitute substantial nonperformance and a cause for termination by Erdman Anthony. If Client fails to make payment when due, Erdman Anthony may, at its option and at any time, and without waiving any other rights or claims against Client, and without thereby incurring any direct or consequential liability to Client, elect to either suspend or terminate performance of services upon ten (10) days prior written notice by Erdman Anthony to Client. Such termination or suspension shall be effective at the end of such ten (10) day notice period without further notice unless all sums due and owing as of the end of such ten (10) day notice period have been paid in full. Should the Proposal include a retainer amount (Retainer), Erdman Anthony may, at its option, and without waiving any other rights or claims against the Client, and without thereby incurring any penalty or any other liability to Client, elect to suspend performance of services if, at any time, the total amount of outstanding invoices and services in progress is equal to or exceeds the amount currently available under the Retainer. At Erdman Anthony’s STANDARD CONTRACT TERMS AND CONDITIONS CONTROLLED DOCUMENT July 2020 Page 3 of 6 sole discretion, suspension of services may continue until such time as Client has paid all outstanding invoices and work in progress and the Retainer is fully restored. Erdman Anthony reserves the right to withhold stamping of drawings produced for any phase of this project under the terms of this agreement until all invoices billed up to that point in the project have been paid in full. If Erdman Anthony institutes a suit to enforce payment terms outlined in these Standard Terms and Conditions and then prevails in that suit, Erdman Anthony shall be entitled to recover all expenses of litigation, attorney’s fees, and court costs from Client in addition to the payments due Erdman Anthony. Section 7. Limitations of Remedies.The Client shall promptly report to Erdman Anthony any defects or suspected defects in Erdman Anthony’s services of which Client becomes aware, so that Erdman Anthony may take measures to minimize the consequences of such defect. Client further agrees to impose a similar notification requirement on all contractors retained by the Client and shall require all subcontracts at any level to contain a like requirement. Failure by Client and the Client’s contractors or subcontractors to notify Erdman Anthony of such defects in a timely fashion shall relieve Erdman Anthony of the costs of remedying the defects above the sum such remedy would have cost had prompt notification had been given. Notwithstanding any other provisions of this Agreement, neither party shall be liable to the other for any consequential damages incurred due to the fault of the other party, regardless of the nature of the fault or whether it was committed by Client or Erdman Anthony, its employees, agents, subconsultants or subcontractors. Consequential damages include, but are not limited to, loss of use and loss of profit. To the fullest extent permitted by law, the Client agrees to limit Erdman Anthony’s liability to the Client for damages or any otherwise recoverable expenses incurred by Client as the result of the conduct of Erdman Anthony or its subconsultant under any theory of the law to an equal of two (2) times the amount of Erdman Anthony’s fee for this project. This limitation shall apply regardless of the cause of action or legal theory asserted. Client has carefully reviewed this clause and has determined that it will accept that the amount of the limitation of liability as reasonable, notwithstanding the amount of damages or expenses that it might incur as the result of the conduct of Erdman Anthony or its subconsultants. Section 8. Insurance.Erdman Anthony maintains Workers Compensation Insurance, with respect to its employees with statutory required limits. Erdman Anthony also maintains Automobile Liability insurance and General and Professional Liability insurance. Certificates of Insurance evidencing such coverage will be provided to Client upon request. Client shall be responsible for all other forms of property, casualty and liability insurance coverage required for the project. Section 9. Project Site.The Client shall be responsible for acquiring and providing timely project-site access authorization for Erdman Anthony as may be needed to facilitate performance of services described in Section 1. Section 10. Information Provided by Others.Erdman Anthony may rely upon the accuracy and completeness of any information, requirements, reports, data, surveys, and instructions provided by Client unless the Proposal expressly states otherwise. STANDARD CONTRACT TERMS AND CONDITIONS CONTROLLED DOCUMENT July 2020 Page 4 of 6 Section 11. Documents.All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates, drawings, specifications and other documents, data or information prepared by Erdman Anthony, in any form, including machine-readable format (collectively “Documents”), are instruments of Erdman Anthony’s services and shall remain the sole property of Erdman Anthony. Erdman Anthony retains all ownership and all other rights, including copyrights, in all such documents. The documents are prepared for use on this Project and at the Site identified in the Proposal only and are not appropriate for use on any other project or at any other site, or for any purpose other than as defined by the Scope of Services, except by the agreement in writing with the appropriate compensation to Erdman Anthony. Where Erdman Anthony agrees to supply some or all of the Documents in machine-readable format (hereinafter “machine-readable media”), the parties understand and agree that any Documents supplied in such machine- readable format are so supplied as a convenience to the recipient. Such documents are not intended to replace the printed forms of such Documents. The content of the documents supplied by Erdman Anthony in printed form shall govern over the contents of Documents supplied in machine-readable format. The recipient shall be solely responsible for comparing the output of the machine-readable media with the printed Documents designated by Erdman Anthony as the contract documents and determining the accuracy of such output. Recipient shall only use the output of machine-readable media for the limited purpose agreed to by Erdman Anthony and shall not alter, mediate or change the contents of such machine-readable media in any way, or transfer to others, without the express written approval of Erdman Anthony. Any use of the documents or the information or data contained therein, in violation of this Section or any alteration or modification of such Documents or the information or data contained therein, without the express written consent of Erdman Anthony is expressly prohibited. Such prohibited use is at the sole risk of the user, and Erdman Anthony is released from any liability for damages arising from such use. Client shall indemnify and save harmless Erdman Anthony from and against any and all claims, damages, judgments, demands, liabilities, costs or expenses (including reasonable attorney’s fees and other defense costs) arising from any changes made by anyone other than Erdman Anthony or from reuse of the documents without prior written consent of Erdman Anthony. Section 12. Client’s Duty to Notify Erdman Anthony of Hazards.Client represents and warrants that it will provide Erdman Anthony with any and all information known to or suspected by Client, with respect to 1) the existence or possible existence at, on or under the Site of any hazardous materials or pollutants and 2) to disclose the location and quantity of all previously installed asbestos-containing materials or presumed asbestos-containing materials in their facility. If unanticipated potentially hazardous materials, pollutants or asbestos are encountered during the course of the work, Erdman Anthony shall have the right 1) to suspend its work immediately and 2) to terminate the work described in the Proposal upon ten (10) days of Erdman Anthony's written notice of intent to terminate, unless Erdman Anthony and Client agree upon a mutually satisfactory amendment to the Proposal that may include a revision of the scope of services, adjustment of budget estimates, revised Terms and Conditions and revised fees. Client shall remain liable for and shall pay all fees and charges incurred under the provisions of the Proposal through the date of termination, notwithstanding Client and Erdman Anthony not having reached a new, mutually satisfactory revision of their agreement. STANDARD CONTRACT TERMS AND CONDITIONS CONTROLLED DOCUMENT July 2020 Page 5 of 6 Section 13. Dispute Resolution.In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Client and Erdman Anthony agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. The parties shall share the mediator’s fee equally. The party initiating the mediation shall be liable for any filing fee. In no event shall the demand for mediation be made after the date when institution of legal proceedings would be banned by the applicable statute of limitations. The Client and Erdman Anthony further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. Section 14. Termination, Suspension. This Agreement may be terminated or suspended by either party upon ten (10) days written notice should the other party fail substantially to perform in accordance with its terms. In the event of suspension under these conditions, neither party shall have any liability to the other for any delay or damage as a result of such suspension. This Agreement may be terminated by the Client upon at least ten (10) days written notice to Erdman Anthony in the event that the Project is permanently abandoned. Erdman Anthony shall be compensated for the services performed up to the time written notice of termination or suspension is actually received, together with reimbursable expenses then due and reasonable termination or suspension expenses directly associated with the termination or suspension. Erdman Anthony’s commitments as set forth in this Agreement are based on the expectation that all of the services described in the Proposal will be provided. In the event Client later elects to reduce Erdman Anthony’s scope of services, Client hereby agrees to release, hold harmless, and indemnify Erdman Anthony from any and all claims, damages, losses or costs associated with or arising out of such reduction in services. Section 15. Force Majeure. The Client agrees that Erdman Anthony is not responsible for damages arising directly or indirectly from any delays for causes beyond the Erdman Anthony's control. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters or acts of God; epidemics, pandemics, fires, riots, war or other emergencies; failure of any government agency to act in timely manner; failure of performance by the Client or the Client's contractors or consultants; or discovery of any hazardous substances or differing site conditions. In addition, if the delays resulting from any such causes increase the cost or time required by the Erdman Anthony to perform its services in an orderly and efficient manner, Erdman Anthony shall be entitled to a reasonable adjustment in schedule and compensation. Section 16. Governing Law.The Client and Erdman Anthony agree that all disputes arising out of or in any way connected to this Agreement, its validity, interpretation and performance, and remedies for breach of contract, or any other claims related to this Agreement, shall be governed by the laws of the State in which the Site is located. Section 17. Firm Publicity.Erdman Anthony has the right to photograph the above-named project and to use the photos in the promotion of the professional practice through advertising, public relations, brochures or other marketing materials. Client agrees that Erdman Anthony has the authority to utilize Client’s name as a Client and general description of the project work or service performed as references. Client hereby authorizes Erdman Anthony to place a sign on the property, at Erdman Anthony’s expense and subject to local permitting requirements, during the design and construction phases to advertise that Erdman Anthony has provided professional services for STANDARD CONTRACT TERMS AND CONDITIONS CONTROLLED DOCUMENT July 2020 Page 6 of 6 the project. Section 18. Assigns.Neither the Client nor Erdman Anthony may delegate, assign, sublet, or transfer its duties or interest (including any claims that arise here) in this Agreement without written consent of the other party. Such consent shall not be unreasonably withheld. Subcontracting to subconsultants normally contemplated by the consultant shall not be considered an assignment for purposes of this Agreement. Section 19. Third-Party Beneficiaries.Nothing contained in this Agreement shall create a contractual relationship with a cause of action in favor of a third party against either the Client or Erdman Anthony. Section 20. Severability. In the event that any provisions herein shall be deemed invalid or unenforceable, the other provisions hereof shall remain in the full force and effect and binding upon the parties hereto. END OF STANDARD CONTRACT TERMS AND CONDITIONS. Item 5 MEETING OF THE ITHACA TOWN BOARD November 24, 2025 TB Resolution 2025 - : Authorization to Award Construction Contract for 2024 Inlet Valley Sewer Improvement Project Whereas, on November 10, 2025, the Town of Ithaca Town Engineer received bids for the 2024 Inlet Valley Sewer Improvements Project: Construction Contract, and Whereas, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, approval, construction and implementation of the Improvement and establishment of the Town of Ithaca 2024 Inlet Valley Sewer Improvement Area, together with the related actions and approvals required by other boards and agencies (the “Project”), is an Unlisted action for which the Town of Ithaca Town Board, acting in an uncoordinated environmental review with respect to the Project, made a negative determination of environmental significance on October 7, 2024, and Whereas, at its meeting on October 7, 2024, the Town Board adopted a Public Interest Order (TB Resolution 2024-101) establishing the Improvement and the Town of Ithaca 2024 Inlet Valley Sewer Improvement Area and authorizing a maximum amount of $1,278,685.00 to be expended on this Improvement this was subject to permissive referendum in the manner provided in Town Law Article 7 and Town Law Section 209-q, no referendum was requested, and, Whereas, at its meeting on October 6th, 2025, the Town Board authorized the award of the 2024 Inlet Valley Sewer Improvements Project: Materials Contract (TB Resolution 2025-113) in the amount of $366,840.00, and Whereas the Town Engineer reviewed the sole bid and qualifications received and has determined the bid in the amount of $519,000.00 made by Vacri Construction Corporation, One Brick Avenue Binghamton, NY 13901 is both responsive and responsible, and now, therefore be it Whereas an additional 10% for contingency is recommended in the amount of $51,900.00 for a total of $570,900.00 : now therefore be it Resolved, that the Town Board hereby authorizes the award of the contract for the Town of Ithaca 2024 Inlet Valley Sewer Improvement Project: Construction Contract to Vacri Construction Corporation; and be it further Resolved, that the Town Supervisor is authorized to execute such contract subject to review of the final contract documents by the Town Engineer and the Attorney for the Town; and be it further Resolved, that the Town Engineer is authorized to approve change orders to such contract upon receipt of appropriate justification provided the maximum amount of such change orders shall not in the aggregate exceed $51,900.00 without prior authorization of this Board, and provided further that the total project cost, including contract, engineering, legal, inspection, and other expenses, does not exceed the maximum authorized cost of $ 1,278,685.00 for the project. Moved: Seconded: Vote: General Fund Town Wide 102,910.40 General Fund Part-Town 56,826.93 Highway Fund Town Wide DA 1,838.17 Highway Fund Part Town DB 103,378.13 Water Fund 339,036.52 Sewer Fund 20,966.36 Capital Projects 16,868.90 Fire Protection Fund 454,699.42 TOTAL 1,096,524.83 TB Resolution 2025 – c: Adoption of revised personnel policies Whereas, the Employee Relations Committee and Personnel & Organization Committee have reviewed the revised personnel policy and recommend revising for all staff, now, therefore, be it Item 7 MEETING OF THE ITHACA TOWN BOARD November 24, 2025 TB Resolution 2025 - : Adopt Consent Agenda Resolved that the Town Board approves/authorizes/acknowledges the following: a. Approval of Minutes b. Approval of the Town of Ithaca Abstract c. Approval of revisions – Personnel Manual d. Set public hearings for December 8, 2025, regarding proposed local laws amending Town of Ithaca Code Chapter 270, Zoning: a) changes in certain definitions, height limitations and placement of accessory buildings; b) the issuance of permits to build; c) Expiration of variances and Special approvals d) Posting of Notices and f) Chapter 250 to erect yield signs on one-way bridges in Forest Home e. Ratify Permanent Appointment of Finance Manager – GTCMHIC - Sandsted f. Approve Promotional Non-Competitive Appointment of Administrative Assistant II – PWD – Wright g. Ratify Appointment of Laborer – Rose h. Authorization to Apply for Funding through the 2025 Technical Assistance to Grow Pro- Housing Communities Grant i.Approval for sale of surplus items TB Resolution 2025 - Approval of Town Board Meeting Minutes Resolved that the Town Board approves the draft minutes of November 10, 2025, as final with any non-substantive changes made. TB Resolution 2025 - b: Town of Ithaca Abstract No. 22 for FY-2025 Resolved that the Town Board authorizes the payment of the following audited vouchers in total for the amounts indicated: VOUCHER NOS. 2025 1063 - 1109 Item 7 Resolved, that the Town Board of the Town of Ithaca does hereby approve effective immediately the revised personnel policy listed below to replace the current policies in the Personnel Manual. Revised Policies: Paid Parental Leave Policy- revised to clarify total hours as staff are on different hours per week Pay Periods- Changes pay date from Friday to Thursday Vacation Buy Back Policy- allows for a buy back twice a year (May and November) instead of just November. No change in ability to sell a maximum of two weeks per year. TB Resolution 2025 - d: Setting public hearings Resolved that the Town Board will hold public hearings at its meeting held on December 8, 2025, at 215 N Tioga St., Ithaca, regarding proposed local laws amending Town of Ithaca Code Chapter 270, Zoning: a) changes in certain definitions, height limitations and placement of accessory buildings; b) the issuance of permits to build; c) Expiration of variances and Special approvals d) Posting of Notices and f) Chapter 250 to erect yield signs on one-way bridges in Forest Home, at which time and place all persons wishing to be heard shall be heard. TB Resolution 2025 - e: Ratify Permanent Appointment of Finance Manager – GTCMHIC Whereas, the Greater Tompkins County Municipal Health Insurance Consortium on November 19, 2025, permanently appointed Jennifer Sandsted to the title of Finance Manager, effective November 13, 2025; now, therefore be it Resolved, the Town Board of the Town of Ithaca does hereby ratify GTCMHIC’s permanent appointment of Jennifer Sandsted to the title of Finance Manager, effective November 13, 2025, with no changes to wages or benefits. TB Resolution 2025 - f: Approve Promotional Non-Competitive Appointment of Administrative Assistant II-PWD Whereas Rebecca Wright was appointed as Account Clerk Typist in Public Works Department effective September 18, 2023; and Whereas the 2026 Staffing Plan included the promotional appointment of Rebecca Wright to Administrative Assistant II position effective January 1, 2026; and Whereas NYS Civil Service has developed the NY Hiring for Emergency Limited Placement Statewide (NY HELPS) Program, which allows for competitive positions to be filled via non- competitive appointment, which means examinations are not required, but candidates must meet the minimum qualifications of the titles for which they apply; and Whereas the title of Administrative Assistant II has been approved under the NY HELPS program, which means those incumbents may no longer be required to take a civil service examination for their provisional positions as the position is being characterized as “Non-Competitive” unless an exam is advertised; and Whereas Tompkins County Civil Service is recommending the appointment to Non-Competitive NYS HELPS titles as soon as practicable; and Item 7 Whereas the Director of Public Works and Personnel Committee recommend promoting Rebecca Wright to Administrative Assistant II effective November 24, 2025, with the understanding that wages will be modified for effective January 1, 2026; now therefore be it Resolved that the Town Board of the Town of Ithaca hereby approve the non -competitive promotional appointment of Rebecca Wright to the Administrative Assistant II position, Class B, effective November 24, 2025, with no changes to current wages and benefits. TB Resolution 2025 - g: Ratify appointment of laborer - Rose Whereas there is a vacancy in the full-time position of Motor Equipment Operator for the Public Works Department due to a resignation, but will be backfilling the position with a Laborer; and Whereas the Interview Committee has determined that Ayden Rose possesses the necessary knowledge and skills to satisfactorily perform the duties of a Laborer; and Whereas Joe Slater, Director of Public Works/ Highway Superintendent, appointed Ayden Rose as Laborer effective December 1, 2025; now, therefore be it Resolved the Town Board of the Town of Ithaca does hereby approve the appointment made by the Director of Public Works/ Highway Superintendent of Ayden Rose as Laborer, effective December 1, 2025; and be it further Resolved the position is at 40 hours per week, at the hourly wage of $25.60, which is an estimated annual salary of $53,248 from Public Works account numbers, in Job Classification “I”, with full time benefits; and be it further Resolved a mandatory twenty-six (26) week probationary period applies with no further action by the Town Board if there is successful completion of the probationary period as determined by the Director of Public Works/ Highway Superintendent. TB Resolution 2025 - h: Authorization to Apply for Funding through the 2025 Technical Assistance to Grow Pro-Housing Communities Grant Whereas, Governor Kathy Hochul signed Executive Order 30 in July 2023, establishing the Pro- Housing Community Program to recognize municipalities actively working to unlock their housing potential, and Whereas, on September 29, 2025, New York State Homes & Community Renewal issued a Request for Applications for Technical Assistance to Grow Pro-Housing Communities (TAG-PHC) whereby the Housing Trust Fund Corporation (HTFC) will award technical assistance grants to foster housing growth and further development in municipalities certified under the Pro-Housing Community program, and Whereas, the Town of Ithaca has been Certified as a Pro-Housing Community since July 2024 and is an eligible applicant for the grant funding, and Whereas, the proposed project is consistent with goals outlined in the Town of Ithaca’s 2014 Comprehensive Plan, including seeking grants to fund affordable housing; the project will facilitate Item 7 effective and efficient use of existing and future public resources so as to promote both economic development and development of much-needed affordable housing; and the project develops and enhances infrastructure in a manner that will attract, create, and sustain employment opportunities in the Town, and Whereas, the Town of Ithaca is requesting $250,000 in funding assistance from the Pro Housing Supply Funds Program to develop ArcGIS models to create accurate representations of large multi- phase development projects that are anticipated to be paced as long-term buildouts located in emerging growth areas close to major employers and activity hubs, and Resolved, that the Supervisor of the Town of Ithaca, or designated representative, is hereby authorized and directed to submit an application to the 2025 TAG-PHC, for funding and upon approval of said request funded by the to enter into and execute any agreements required by HTFC for grant funding that results from the application. Resolved, that the Town will administer the grant in accordance with all applicable rules and regulations established by HTFC. TB Resolution 2025 - i: Sale of Surplus Items Whereas, a municipal online auction is held from time to time hosted by Auctions International located in East Aurora, NY , and Whereas, certain items have become surplus/no longer needed by the Town, and Whereas, the Town wishes to put the following surplus equipment in an online auction in September: Motorola Fleet Radios – 13 Dash Mounted (Models -XRP 4550, cdm750, xrp5550 (e) Motorola Fleet Radios - 4 Portable Handhelds (Models -CP200, XTS 1500) Now therefore be it; Resolved, that the Town Board of the Town of Ithaca hereby declares said above-described equipment to be surplus and no longer needed by the Town; and be it further Resolved, that the items listed above be placed in the auction with the proceeds from the sale going into the appropriate funds. Final approved by TB & BP= effective 11/1/18 -- revised by TB 11.2022 -12.23 updated for BP, revised 8.25 PAID PARENTAL LEAVE POLICY- changes for Town only The Town/Commission/Consortium (employer) does not offer the employees the New York State Paid Family Leave program, due to providing an enhanced short term disability policy. However, the Town/Commissionemployer does provide a paid parental leave to those employees that are going to become a parent either through the birth or adoption of a child or foster care placement of a child. This policy aligns with the Town/Commissionemployer’s family-friendly initiative and is complementary to the existing Federal Family Medical Leave Act (FMLA.) Eligibility:  Both part-time and full-time employees are eligible (seasonal employees are not eligible.)  Must have completed at least thirty (30) calendar days of employment.  Employees qualify for parental leave as both primary and non-primary caregivers.  Surrogacy arrangements are also included in the context of this policy.  Birth mothers are eligible to use leave to cover the waiting period for short term disability and the employee’s share of hours thereafter.  Approvals for all requests for paternal leave will be without discrimination against employees with protected characteristics. Provides:  Ten (10) consecutive workdays or equivalent of two work weeks (i.e.: 80 hours) as a temporary paid leave of absence;  Leave is paid without the need to use of any paid time off ( e.g.: vacation, sick or personal time);  Leave will be coded as “Other-Parental” time on timesheets;  While on paid parental leave, the employees’ position, regular pay and benefits will be maintained. Requirements:  Employees begin their parental leave on the date child is born/adopted/placed unless they have requested to use their parental leave at a later time period;  Leave may be used only for the day of or days after the birth or placement of the child (see Prenatal leave policy that runs in conjunction with this policy);  Leave must be taken within the first five (5) weeks immediately following the birth, adoption or placement of the child;  Alternate arrangements, such as intermittent use or working part-time instead of taking full daysworkdays, must be requested in writing with details of how time will be used. , may be made Approval of alternate arrangements is at the discretion of the manager and is in coordination with Human Resources. and must be in writing. Employees are eligible to request additional leave through the Federal Family Medical Leave Act. FMLA provides twelve (12) weeks of job protected unpaid leave. FMLA must be subsidized by the use of paid fringe time, if available. To extend the leave, a formal extension request must be submitted at least one week before the end of the leave time. Final approved by TB & BP= effective 11/1/18 -- revised by TB 11.2022 -12.23 updated for BP, revised 8.25 To Request a Parental Leave: At least three weeks in advance, employee should submit a written request for parental leave to their manager and the Human Resource Manager detailing the following: o the date of expected birth, adoption or placement; o the projected start date of the leave; o the projected end date of the leave; o submit certification of pregnancy with expected due date; o the desire (if applicable) to extend the paid leave with Family Medical Leave Act Human Resources will review the request and determine the employee’s eligibility for the leave. Approval of the leave will be in cooperation with the employee, their manager and Human Resources. P&O Comm 10.27.25 13) PAY PERIODS Pay periods consist of two weekly terms, which begin on Sunday and conclude on the following second Saturday. Payday is the Friday Thursday following the ending of the pay period. On occasion, the issuance date of pay may be adjusted due to weather, computer malfunction, illness, holidays, or other reasons beyond the control of the Town. Checks and pay stubs, issued each payday, itemize year-to-date deductions. Available paid time off balances (vacation, sick, personal, and compensatory time) will show on the pay stub. Direct deposit is required, except for special pays, as they may be paid with a paper check. DRAFT FOR P&O DISCUSSION 10/27/25 CURRENT PERSONNEL MANUAL POLICY 10/2025 D. VACATION BUY BACK: Employees are allowed to sell back up to two (2) weeks’ worth of accumulated vacation time annually, provided that at least one weeks’ worth of vacation time in the preceding twelve months has been used. Employees must complete the vacation buy back form and submit it to Human Resources. Payment will be in a separate check on a specified non-pay week in November and is a taxable benefit CURRENT TEAMSTERS’ CONTRACT: (a) Vacation Buy back Employees are allowed to sell back up to eighty (80) hours of accumulated vacation time annually, provided that at least one (1) week of vacation time in the preceding twelve months has been used. RECOMMENDED REVISION FOR PERSONNEL MANUAL: D. VACATION BUY BACK: Employees are allowed to sell back up to two (2) weeks’ worth of accumulated vacation time in each calendar year. Payments will be in a separate check on a specified non- pay weeks in May and November. Employee may choose to sell the full two weeks’ worth of time either in May or November or can sell a portion of the two weeks in May and up to the remaining maximum amount in November. To be eligible to sell the full two weeks’ worth of vacation time the employee must have used at least one week’s worth of vacation time in the preceding twelve months from the payment date. If the employee wishes to sell a partial amount in May and a partial amount in November, then they must have used at least three full days’ worth between the two payment dates, resulting in 6 days used. Employees must complete the vacation buy back form and submit it to Human Resources by a designated date. This is a taxable benefit and is a non-recordable payment for NYSLRS. DEPARTMENT OF PLANNING 215 N. Tioga St 14850 607.273.1747 www.town.ithaca.ny.us TO: TOWN BOARD MEMBERS FROM: C.J. RANDALL, DIRECTOR OF PLANNING DATE: NOVEMBER 19, 2025 RE: TECHNICAL ASSISTANCE TO GROW PRO-HOUSING COMMUNITIES GRANT In July 2023, Governor Hochul signed Executive Order 30 creating the Pro-Housing Community Program. Municipalities that achieve the Pro-Housing Communities certification are eligible for key discretionary New York State funding programs, such as this new opportunity for Technical Assistance. The Planning Department, in consultation with Esri, is requesting $250,000 in funding assistance from the Pro Housing Supply Funds Program to develop ArcGIS models to create accurate representations of large multi-phase development projects that are anticipated to be paced as long-term buildouts located in emerging growth areas close to major employers and activity hubs. The Town seeks to envision the structural relationship of development costs and revenue based on total new housing and supporting service floor area and cost to serve, specifically to help determine the most productive development scenarios, maximizing the value per acre and minimizing the public costs per acre over the long-term and based on realistic absorption forecasts. This project proposes building robust models within the ArcGIS framework allowing for modulation in assumptions of land uses, densities, and population in these development focus areas. The land use assumptions will assist the Town in determining the need and timing of capital improvements to serve this future planned development. This project intends to build on the current work by the Town’s Engineering and Public Works departments in evaluating the City and Town Joint Sewer Interceptors and Tompkins County’s concurrent Housing Strategy update (2026-2035). The goal is not just a sophisticated model but rather an invaluable tool for Town staff and leadership, stakeholders, and the public to understand zoning changes in context across multiple scenarios. Town staff are preparing this no-match Application for Technical Assistance to Grow Pro- Housing Communities (TAG-PHC) and will submit it to New York State Homes & Community Renewal Housing Trust Fund Corporation (HTFC) along with the attached draft Town Board resolution. Please contact me with any questions or concerns at 607-882-2474 or cjrandall@townithacany.gov. Ithaca Fire Contract Analysis Review and Recommendations for Agreement between City and Town of Ithaca October, 2025 www.cgr.org 1 South Washington Street, Suite 400, Rochester, New York 14614 (585) 325-6360 • info@cgr.org Ithaca Fire Contract Analysis Review and Recommendations for Agreement between City and Town of Ithaca October, 2025 Prepared for City and Town of Ithaca Prepared by Paul Bishop, MPA and Kieran Bezila Ph.D. i www.cgr.org Executive Summary CGR was engaged by the City of Ithaca to study the existing fire service sharing agreement between the City and the Town of Ithaca and evaluate two main questions: Whether the total cost of the fire service is being accurately calculated and How the cost should be split between the two municipalities. CGR reviewed the existing contract and previous versions, gathered details on the Ithaca Fire Department (IFD)’s budget, operations, staffing and calls for service, and met with leadership of the City, the Town and the Fire Department to understand current positions, issues and concerns. Observations The study led to the following observations: ∞ In interviews, both the City and the Town communicated a variety of concerns with the current situation and goals they wished to achieve in any future agreements. ∞ Town goals and concerns include: ∞ Avoiding unanticipated jumps in expenses. ∞ Gaining more transparency around certain categories of expense, such as administrative costs. ∞ Achieving a greater role in budgetary review for cost-containment purposes. ∞ Examining whether the cost-splitting formula could be revised to be more proportionate to the Town’s protection needs and/or share of calls for service. ∞ City goals and concerns include: ∞ Ensuring IFD remains properly resourced. ∞ Minimizing micromanaging of decisions or expenditures from outside the department. ∞ Assuring that its contributions from other city departments helping to support the administrative and general operations of IFD are properly accounted for and fairly compensated. ∞ Reducing the complexity of the current contract to minimize process barriers in annual budgetary and agreement approval. ∞ Costs for all fire services both across New York State and nationally are continuing to scale rapidly, typically in excess of the overall rate of inflation. This dynamic is above and beyond any management or decisions taking place locally and does not appear likely to reverse in the immediate future. ∞ IFD’s recent budget increases are significant, but are largely reflective of this overall environment of broad external cost pressure. ii www.cgr.org ∞ CGR determined that IFD’s current costs are reasonable, and the department is, if anything, running lean in comparison to peer departments, with staffing below national standards for delivering a proper emergency response. ∞ IFD remains a value to the Town, as estimated costs to the Town to create and operate its own department exceed the amount the Town currently contributes through the contract. ∞ Both the City and the Town have key actions they can take to enhance cooperation going forward. ∞ The City can commit to greater transparency and better communication processes to ensure that the Town is not faced with surprising bills and unanticipated cost spikes. ∞ This may include an update to the calculation of administrative costs, which could potentially result in a jump in those charges. ∞ The Town should brace for the fact that higher costs are an inevitability that include many factors outside the control of local leaders and the local department. Key Findings ∞ Ithaca Fire Department’s staffing level is below NFPA standards for minimum on scene personnel for a house fire (IFD 11 vs. NFPA 14) and has a lower per capita staffing ratio than five upstate peer cities (1.5 compared to 1.9 and higher). ∞ IIFD maintains a Public Protection Classification (PPC) of 2 from the Insurance Services Organization (ISO). This high rating (top 5% in NY) directly benefits homeowners and businesses through lower fire insurance premiums. ∞ IFD responds to about 15 calls per day on average. 40% of the calls are EMS in nature and only 2% are fires of any type. 76% of the calls are in the City of Ithaca and nearly all of the remainder are in the Town. 2024 was 10% busier than the long-term average call volume and 2025 has been even busier. ∞ IFD’s total costs are increasing with a proposed growth of 25% from 2023 to 2026. This increase is driven by a small increase in staffing, growth in salaries and benefits, more overtime needs, and an increase in debt to fund fire station and apparatus. ∞ The administrative charge from the City is only 4% of the total cost of the contract and it is unclear if it represents the true cost of support from other departments to the IFD. The methodology for estimating the cost has not been updated in several years. ∞ In the last two years (2024 and 2025), the City has asked for significant additional payments from the Town after the contract was signed to help fund unexpected overtime costs and pay increases related to a new contract. ∞ According to the Census American Community Survey, the population of the City is 31,792 and the Town outside Cayuga Heights is 16,236. We estimate an additional 1,600 people are served by the Cayuga Heights Fire Department. This splits the 46,400 population 69% in the City. However, there is a concern about an undercounting of the student population in both communities which calls this data into question. iii www.cgr.org ∞ The cost of the contract between the City and Town for fire protection has grown 44% from 2021 to 2025 with a further increase under consideration for 2026. As noted above, this increase is driven by a small increase in staffing, growth in salaries and benefits, more overtime needs, and an increase in debt to fund fire station and apparatus. ∞ The communication from the City to the Town regarding the rising costs of the fire department has not met the standards set out in the agreement. This shortfall can be attributed to change in personnel in key positions and the shift in governance structure in the City to a manager form of government. ∞ As outlined in the supporting information that follows, the cost of the Town of Ithaca to provide fire service on its own through the development of a fire district would likely cost between $5.1 million and $ 9.0 million in annual operating costs plus the significant capital costs for new apparatus. The dissolution clause in the current agreement would provide some assets, but startup costs would be equal to two or more years of the expected operating costs. The City would likely be able to save on staffing costs, but probably not enough to make up in lost revenue. The two communities would continue to need to provide mutual aid to each other for large incidents. Options for Splitting Costs CGR reviewed a variety of possible options for splitting costs, including by taxable assessed value, by total assessed value, by insurance valuation, by population, by calls for service, and by level of risk. Each of these methods comes with pluses and minuses, both from the point of view of either the City or the Town, and in terms of functionality – for some options, the difficulty in securing accurate data on underlying numbers may compromise their effectiveness. The City and Town should focus on those that have clear objective measurements and are related to the provision of the fire service such as taxable assessed value ( a measurement of the value of the protected property) and the calls for service distribution( a measurement of the activity in the community and a proxy for the share of risk). The options are further described in the body of the report. Recommendations ∞ The current sharing of service is most cost efficient and operationally effective way to provide fire protection and emergency medical services first response to the combined population and geography of the City and Town of Ithaca. ∞ The Town should not pursue creating a separate fire service because it would be more costly to establish and operate than it will be to continue to share the service with the City. ∞ The City can do a better job of informing Town of forthcoming costs to avoid unanticipated jumps in the cost of the service. Both sides should commit to improving the communication as set forth in the agreement including regular meetings with the fire chief, city manager, town supervisor and financial staff from both. iv www.cgr.org ∞ The current trend of escalating costs in the fire service does not seem to be slowing down as there are increased safety requirements and more expensive raw materials. There is also justification for a further increase in staff. Both the City and to Town can brace for fact that higher costs are an inevitability. ∞ The City should undertake an updated analysis of true costs of the support that other departments give to the Fire Department. This analysis should consider the variability of effort from the other departments that occurs related to business cycles and identify a median cost. ∞ The current cost sharing model of dividing costs based on taxable assessed value has been used for decades. It is used by a wide range of governments to share costs across an area that has variability in service demand. Moving from this model is a political decision and would require renegotiating several parts of the contract. The Town and City share several key services and a change to any of them might cause a cascading effect. ∞ There is a rationale to consider the share of calls for service when considering splitting the cost of the department. For example, if a community contracted with another for road service, they would consider the number of lane miles or if contracting for vehicle maintenance they would consider the number and type of vehicles as well as miles driven. The share of calls has followed a relatively consistent split for nearly a decade. ∞ A compromise would be to establish a hybrid model for funding the department that takes into account several objective factors such as the assessed valuation (a proxy for the property to be protected), the lane miles or square mileage (to consider the additional costs for the larger area to be covered), the share of EMS calls, share of fires and the share of other calls in each community. ∞ Another alternative would be use TAV for dividing the base costs of the department and then use the share of calls for service to divide the costs associated with overtime and additional expenses that are outside the initial agreement. v www.cgr.org Table of Contents Executive Summary ........................................................................................................................... i Table of Contents ............................................................................................................................. v Background ...................................................................................................................................... 1 Town & City Goals and Concerns ............................................................................................ 1 Fire Department Operations .......................................................................................................... 3 Analysis ............................................................................................................................................. 5 Cost of Service ......................................................................................................................... 5 Division of Cost ........................................................................................................................ 9 Options for Sharing Costs ...................................................................................................... 11 Key Findings ................................................................................................................................... 14 Recommendations ........................................................................................................................ 15 Supporting Information ................................................................................................................. 16 Calls for Service Distribution ................................................................................................. 16 Calls for Service ..................................................................................................................... 17 Public Protection Classification Summary ........................................................................... 19 Benchmark Cities ................................................................................................................... 20 Cost of Stand-Alone Fire District ........................................................................................... 21 Standalone Fire Districts Similar to Town of Ithaca ............................................................ 23 NFPA 1710 Summary ............................................................................................................ 24 Cost of Fire Apparatus ........................................................................................................... 25 1 www.cgr.org Background The City of Ithaca’s Fire Department was founded in the early 19th Century to provide fire protection for the City and as necessary to the surrounding communities through mutual aid. Beginning in the 1980s, the Town of Ithaca entered into a shared services agreement with the City to receive fire protection for the majority of the town. The Town contracts with the Village of Cayuga Heights to provide fire response to an area around the village. The City and Town have had a series of agreements that outline the responsibilities of both parties, how the City will provide the services, what assets are owned by the Town, the costs of the service and how much the City will charge the Town for those services. The latest long- term agreement expired in 2024 and the two parties agreed to a one-year extension covering 2025. The City’s fire department budget has grown from $11.3 M to $15.2 M over the last five fiscal years. The base cost of the contract with the Town has increased 44% over the last five years, from $3.4 M to $4.9 M. The Town raises the funds to provide this service through a fire protection fund. The taxes for this fund are levied on all properties outside the Village of Cayuga Heights. The contract for fire service with the Cayuga Heights Fire Department to serve an area near the village is also supported through this Fund. Our approach focused on two distinct questions “Is the total cost of the fire service accurately calculated?” The City of Ithaca provides a calculation of the full cost of the fire service as part of the contract, but there was some concern as to whether it included the appropriate costs. ” The two municipalities have settled on sharing the cost of the department based on the share of taxable assessed value of the entire city and the portion of the Town covered by the IFD. There are several viable options for consideration, with each presenting concerns for equity. Town & City Goals and Concerns Both the City and the Town have legitimate goals and concerns around specific elements of the current contract, how it is being honored in both letter and spirit, and the overall dynamics of the relationship between the Town, City, and IFD. While CGR noted a number of specific grievances and disagreements that were communicated to us during interviews and discussions, we believe that litigating their details will mostly prove unhelpful to the overall goal of producing a new agreement that is fair and reasonable for all parties. Therefore, we are broadly characterizing the primary goals and concerns which we consider most relevant. 2 www.cgr.org Town of Ithaca Goals & Concerns The Town has experienced recent sticker shock with rising costs related to IFD. It feels that these costs are not always being communicated in a timely and detailed fashion according to the stipulations laid out in the existing contracts, which were designed with the intent of minimizing such problems. In particular, the Town has expressed concern about the opacity of some expense areas, such as administrative costs, and wants to better understand how these are calculated. Broadly, the Town wants to feel it has a more equitable role in budgetary review to aid with cost containment, better understand the specifics behind spikes in costs, and avoid future surprises. In general, the Town feels that the current formula for splitting costs is not proportionate to the Town’s actual protection needs or the corresponding amount of service it receives, and it is looking for a new cost-sharing approach that aligns more closely with those. City of Ithaca Goals & Concerns Like all other municipalities, the City is being impacted with rising costs across the board, including inflationary pressures and the impact of new labor contracts. The City feels that IFD offers an exceptional value in its service and coverage, but it must continue to be properly resourced, which entails meeting significantly rising costs that are similarly affecting fire departments throughout New York State and nationally. In that light, the City does not want IFD finances or decisions to be micromanaged from outside the department in a way that might complicate or compromise service for the goal of producing minor cost savings. The City believes that its handling of all of the difficult details and management issues related to fire service – such as purchasing, finances–including bonding, human resources issues, and legal matters including contract negotiations – provides a substantial benefit to the Town that is not fully captured in the current administrative charge, which is calculated on a legacy basis. Generally, the City believes that the current cost split represents a fair charge for the value IFD provides to the Town, the supplementary work the City provides to support IFD, and in relation to the hypothetical costs the Town would incur if it were operating its own fire department. The City is looking to reduce the complexity of the current contract in future iterations, believing that this complexity is adding process barriers to cooperation without enhancing service in any practical way. 3 www.cgr.org Balancing Goals & Concerns CGR believes that both the Town and the City have expressed legitimate goals and concerns, and that the focus must remain on providing the best fire protection service at a reasonable cost, net of any other priorities. It is important to note that “reasonable” cost in this context means what is reasonable in terms of what it actually costs to run a quality fire service today, based on what real costs for any department are, and what expected and current costs are for peer departments throughout the fire service. These will continue to be large and climbing numbers, in the millions and tens of millions of dollars. We readily acknowledge the significance of these sums in terms of their proportion of municipal budgets and their impact on taxpayers, but nonetheless these represent the real costs of providing an essential, lifesaving public service. Along these lines, both the City and the Town can take some steps to improve this relationship. The City can do a better job of keeping the Town informed of costs, provide additional detail when possible, and more accurately track administrative costs. For its part, the Town can brace for the fact that higher costs are an inevitability and understand that IFD’s costs do not appear to be unreasonable, meaning that there are likely minimal opportunities for significant cost containment at the current juncture, and a policy of intensive review and exacting efforts to control costs may only produce minor savings that are not worth the aggravation they might engender in the relationships between the Town, the City, and IFD. Fire Department Operations The Ithaca Fire Department has 70 uniformed personnel and two administrative staff. In addition to responding to fire and rescue calls in the City and Town, they are also responsible for conducting fire inspections in both municipalities. There are typically 12 firefighters, 2 lieutenants and an Assistant Chief on duty between the four fire stations. The line personnel work one 24-hour shift on duty, followed by 72 hours off duty. The Central (310 W. Green Street) Station and East Hill (403 Elmwood Avenue) Stations are located in the City. The South Hill (965 Danby Road) and West Hill (1240 Trumansburg Road) Stations are located in the Town. On a given shift, four or five of the line personnel are stationed in the Town. Each station has an engine assigned to it and the Headquarters station also has a ladder truck. 4 www.cgr.org IFD responds to about 15 calls per day on average. There has been a slow increase in the number of calls each year, with the exception of 2020, which depressed the call volume for all fire and EMS agencies. Through October 2025 has been busier than all previous years. Rescue calls, which includes most EMS dispatches, account for about 42% of calls for IFD. IFD only responds to EMS calls that are suspected to be serious emergencies (such as heart attacks, strokes, allergic reactions, and serious trauma) or when Bangs Ambulance makes a special request because of a delayed response or other need. IFD calls are split about three-quarters in the City and one quarter in the Town. A very small share are mutual aid responses to neighboring communities. 0 1000 2000 3000 4000 5000 6000 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Average IFD Call Volume Rescue Fire and Other 5 www.cgr.org Several of the response categories are self-explanatory; however, we highlight that Good Intent Calls include many calls that are responses where the IFD is canceled while still en route because their help is not needed. These are most often requests from Bangs Ambulance or public safety at Cornell and Ithaca College. Only 20% of calls to the Cornell Campus are for EMS (compared to 40% of City calls outside Cornell being for EMS), due to Cornell’s on-campus healthcare and EMS response handling some of their own calls. Likewise, only 17% of Ithaca College’s calls are for EMS, compared to 57% for the rest of Town. Responses for EMS are a higher proportion of calls in the Town (57%), compared to the City (39%). Fire alarm calls represent 30% of the volume in the City compared to 13% in Town. Other call types were similar between the Town and City. The two colleges were similar to each other, and both had higher chare of cancellations. IFD has received a Public Protection Classification of 2 from the Insurance Services Organization. This places the IFD in the top 5% of the 2,087 fire departments in New York. This high rating (1 is the best and 10 is the worst) benefits homeowners and businesses with lower fire insurance premiums compared to departments with a worse rating. As the only career fire department in Tompkins County, we are tasked with a lot more than firefighting and EMS. We are the county hazmat response team, certified rope rescue team, water rescue team (lake, swift water, and ice water), confined space rescue team, and provide structural collapse response. These specialty types of teams require a large cache of equipment that is expensive, and significant training expenses are required to keep skills current. They result in relatively few calls outside of Ithaca each year, but these calls are labor and equipment intensive. Analysis Cost of Service IFD costs have increased notably over the last several years. The following table is reproduced from the City’s 2026 budget, with minor alterations by CGR. 6 www.cgr.org Two important notes: First, the increase in debt over this period reflects the bonding for the new fire house. Second, the cost for equipment in 2023 was anomalous due to desired equipment not being available until the next year. Overall, trends show a clear increase in costs that is higher than inflation. Excluding the transitory debt increase, Personnel costs have the largest jump, at more than $600,000 between years. Fringe benefit costs rise with new personnel costs and with ongoing retirements. Two driving forces in these increases are a new contract with the firefighter’s union and an increase in the amount of overtime that the department has had to use to cover for long term absences from injuries or childcare leave. Below is a more detailed look at the budget of the fire department from the last three fiscal years. 7 www.cgr.org There is variation between these the totals presented on the previous two tables that were drawn from different budget years and compared to the report shared by the City to the Town as part of the agreement. The amount reported as the approved budget for 2024 was different in all three documents. The document used for management decisions and the agreement is the one issued by the City Controller to the Town. Reasonableness of Costs The costs presented in the budget include all costs related to the functioning of the fire department. These include salaries, wages, benefits, retirement, materials, maintenance of facilities and apparatus, and capital purchases. The expenses include payments to the state retirement fund for current employees, as well healthcare for current retirees. From CGR’s review of IFD’s operations and benchmarking with peer departments, we believe IFD costs are generally reasonable: if anything, the department appears leaner than comparison departments elsewhere. It has the lowest ratio of firefighters to residents (1.5 per thousand) compared to 1.9 to 2.4 for its peers. With 11 firefighters on duty, IFD could not meet the minimum on-scene personnel suggested by the NFPA 1710 Standard for capabilities of a career fire department. The NFPA recommendation is that 13 or 14 firefighters are necessary to be on a fire scene of a residential house fire to properly complete the necessary 8 www.cgr.org tasks in a timely manner 1 without the reliance on mutual aid. It would be reasonable for IFD to expand its workforce to have two additional firefighters per shift to meet the capabilities suggested by the NFPA. The department is currently pursuing a SAFER grant that would support the addition of one more firefighter per shift for several years if they are successful. As part of the management and budgeting process, the IFD has developed a capital replacement schedule for their apparatus which involves bonding on a periodic basis. The cost of fire apparatus has increased dramatically in the last five years, far outpacing the rate of inflation2. With a fleet the size of IFD’s, a new apparatus (engine or ladder) will be needed every two-to-three years to keep enough front-line apparatus up to modern standards and limit maintenance issues. The City and Town funded a new fire station at East Hill, replacing an outdated fire station at the cost of $7.3 million. Administrative Costs One area of concern for the Town has been the opacity of the City’s calculation of administrative costs. CGR learned from the City’s Comptroller that this cost calculation is based on a formula determined at least a decade ago, when a previous comptroller did a detailed survey of annual work and costs other city departments were bearing for the fire department. The amount has been annually adjusted for inflation since that time although it went down from 2024 to 2025. The agreement specifies that a share of expenses from the Mayor's office, engineering, finance, City Clerk, City Chamberlain, information technology, City Attorney, and human resources are appropriate for inclusion as overhead in the agreement. There is no institutional knowledge about how the current cost was determined. Currently, administrative costs are about 4% of the total budget cost, an amount CGR considers reasonable but less than the administrative costs an independent fire district would need to expend to support a similar-sized operation. IFD benefits from the work of many City departments. The City may undertake an evaluation to improve this administrative cost-tracking by more carefully calculating work being done. While this will provide additional transparency to the Town, it is also possible that this will reveal higher actual costs and greater yearly fluctuation in the administrative amount charged, as real costs are more closely tracked. One potential method to more accurately estimate the administrative cost is to undertake a survey of the time spent by the various departments on tasks associated with the fire department. The table below is illustrative of how an estimate could be developed for administrative costs. Using the 2026 Proposed Budget, it considers the departments identified as most likely to be involved with the Fire Department then estimates the amount of 1 See Supporting Information for a more detailed explanation 2 See Supporting Information for a more detailed explanation 9 www.cgr.org effort from that department spent on the Fire Department in a given year. If an employee spends 1 hour per week on fire department tasks, this equals about 2.5% of their workweek. The values use in the table below are estimates made by CGR and would need to be confirmed by the City. Further, additional departments such as police, public works or planning might also be involved in working with the fire department and should have their costs considered as well. Services Effort Share Additionally, the amount of support from the other departments can vary greatly depending on the activities of the department that year. For example, when IFD needs to hire several new fire fighters, human resources is involved in screening the new employees. The amount of hiring varies each year, leading to variance in the effort from those departments to support the IFD. Division of Cost The current contract divides the cost based on the combined taxable assessed valuation located within the Town of Ithaca Covered Area, plus the Taxable Assessed Valuation (TAV) of the City. These figures are easily obtainable from the municipal tax rolls that are published by Tompkins County. Both municipalities have an assessed valuation that is at or near full market value as determined by the NYS Office of Real Property Tax Services. The table below shows that, over the last six years, the share has been relatively consistent, with the City having 68% of the TAV, as the total value of properties has grown by 37%. 10 www.cgr.org The Town of Ithaca contracts with the City for fire service for 3,494 parcels and contracts with the Village of Cayuga Heights for fire service for 882 parcels. All parcels in the Town outside the Village pay an equal amount for fire protection. The table below shows the recent history of the fire service taxes in the Town. $3,325,000 $3,430,000 $3,430,000 $3,635,800 $3,805,808 $4,933,493 $3,216,000 $3,875,000 $3,530,806 $3,318,000 $3,436,600 $4,085,000 $1,247 M $1,291 M $1,301 M $1,422 M $1,548 M $1,759M $2.579 $3.000 $2.714 $2.332 $2.219 $2.322 $2.58 $3.00 $2.71 $2.33 $2.22 $2.32 $250,000 $260,000 $265,000 $289,000 $322,000 $385,000 $645 $780 $718 $673 $715 $893 The amount the Town has actually paid to the City varies from the original contract due to unexpected expenses, such as overtime and equipment repairs, as well as additional revenue from inspection fees or grants. The final cost of the service is not available until the City closes its fiscal year. $2,077 $2,227 $2,240 $2,440 $2,562 $2,795$975 $1,021 $1,029 $1,125 $1,217 $1,375 $0 $500 $1,000 $1,500 $2,000 $2,500 $3,000 $3,500 $4,000 $4,500 2020 2021 2022 2023 2024 2025 Taxable Assessed Valuation City Town 11 www.cgr.org The contract with the City is the primary expense in the Fire Protection fund. The Town has chosen to use both fund balances and the payment from Cornell University to mitigate the impact of increased costs on its taxpayers. For a median household, the cost has increased only about 14% since 2021, while the cost of the contract has increased 44% over that same period. Options for Sharing Costs It is relatively common across the state and country for fire protection costs to be shared across borders that do not match municipal borders. In many cases, the authority having jurisdiction for the fire service also has the taxing authority and typically raises property taxes as necessary to fund the operation. Examples of this would be a city, village or fire district in New York, a county in several other east coast states (e.g. Maryland and Virginia) or a regional fire authority in several western states (e.g. Colorado and Oregon). However, when one municipality is providing the service to another, as in this case, it is a negotiation between the parties to establish the value of the service and ability to pay. For the history of this agreement, the cost has been split by the relative share of the taxable assessed value of the protected. Below there are brief explanations of various options for sharing the costs of the fire protection contract. The July 2025 Tax Rolls have been used for this section of the report. ∞ Taxable Assessed Value (TAV) ∞ This is probably the most common method of dividing costs between two municipalities. Many municipalities rely on it because the tax rolls have been validated to provide a value of real property and there is a method for property owners to contest their assessments if they feel they are erroneous. ∞ However, the presence of tax-exempt properties (government, religious, and higher education) confounds the distribution of cost, as these properties can be significant sources of calls, yet they do not pay property tax. In the case of Ithaca, Cornell University does make a payment to both the Town and City that can be used to offset operating costs. ∞ The service demand does not necessarily follow the distribution of property value. In this case, the Town has only 24% of the call volume, but 32.8% of the TAV in the IFD Service Area. ∞ Total Assessed Value (Total Value) ∞ Total Valuation of a property is also assessed by the assessor and this value includes tax exempt properties. However, we do not believe this should be used for dividing cost as it is not a validated measure. Tax exempt properties rarely challenge their valuation because they are not tax on it and it is unclear if assessors are as diligent in determining a value for properties that will not be taxed. ∞ Regarding this scenario, the share of the Total Value in 2025 was 72.7% in the City and 27.3% for the Town’s IFD Service Area. 12 www.cgr.org ∞ Insurance Valuation ∞ Insurance companies do calculate a value for the properties that they insure. This value is presumably close to the Total Value of the property. However, non-public figures insurance co.’s may not share out the information and it would place a burden on property owners if they wanted to challenge this valuation. ∞ Population ∞ Population could be good tool for sharing costs of a fire department, particularly since a large share of the events are emergency medical responses that relate to the number of people in a community. ∞ To take this a step further, older residents are more likely to call an ambulance. Those over 70 are five times more likely to call an ambulance than those under 50. To devise a method to share costs on a population, the share in different age groups should be considered. Also, a large number of Town and City residents in their 20s live on a campus or have access to campus health care. This further depresses the demand for EMS services in this population. ∞ Another consideration is that there is reason to believe that Census undercounts student population. As an example, the number of students in congregate housing (dorms) is substantially below what Cornell and Ithaca College report as their dorm capacity. ∞ The population of the area served by IFD is estimated to be 31,792 residents in the City and 14,636 in the Town for a total of 46,428. The City share is about 68%. The estimates come from the American Community Survey. The number for the Town removes the population of Cayuga Heights and an estimate 1,600 people from the 882 parcels served by Cayuga Heights FD. ∞ Share of Calls for Service ∞ The share of calls for service has been consistent for about a decade with about 75 percent of calls occurring in the City. ∞ However, it is not known who is served by the calls. The interwoven nature of the City and Town plus their role as the economic and governance center of Tompkins County mean that many of the customers of the fire department may not be either residents or property owners. It might be a resident of the Town or Dryden or Rochester that has a medical emergency or car accident while going to shop at the Commons. ∞ Splitting the contract cost by the calls for service does not account for variation in seriousness and therefore the cost of calls. For example, there are more cancellations in the City -which take very few resources than there are in the Town. The Town has more EMS calls which vary greatly in the commitment of the fire department. ∞ Sharing costs by the calls for service does not incorporate baseline and readiness costs by itself. There is an inherent cost of personnel and equipment regardless of whether or not they are responding to call. The cost of staffing, equipping and operating a fire department remain regardless of whether they are responding to a call. ∞ Level of Risk 13 www.cgr.org ∞ The relative share of risk for an emergency that would necessitate a fire response is reasonable to consider for sharing costs in a community. However, to do so requires a thorough risk assessment which has not been conducted. ∞ Historical call distribution can be used to extrapolate the risk in the community, but does not take into account very low frequency, but high impact events such as widespread natural disasters or hazardous materials events. ∞ IFD is proposing an Emergency Manager position, shared funding by City & Town, to conduct risk assessments & update pre-plans for risky sites. The risk assessment could consider what risks are in the Town vs. City In summary, there is a long history of using the Taxable Assessed Value to divide the cost of the IFD between the City and Town. Of the options discussed above, only calls for service and taxable assessed value have independently verifiable values that should be consider for dividing costs. Using Calls for Service as the cost sharing model would shift a larger share of costs to the City than previous agreements. The table below estimates the share of the fire department operations that the Town would be responsible for under the different methods of cost-sharing. The City’s budget has not been approved for 2026; therefore, we are using an estimate based on past years and the draft budget. The assessment values, population and calls for service are using the most recent data. The current method (Taxable Assessed) has the largest dollar increase, as the City’s cost of operating the department has increased; all other methods would represent a decrease from the 2025 contract cost. IFD from 2025 Diff. Each half-percentage-point change in the town share equals a $76,500 difference in the contract cost. 14 www.cgr.org Key Findings ∞ Ithaca Fire Department’s staffing level is below NFPA standards for minimum on scene personnel for a house fire (IFD 11 vs. NFPA 14) and has a lower per capita staffing ratio than five upstate peer cities (1.5 compared to 1.9 and higher). ∞ IFD maintains a Public Protection Classification (PPC) of 2 from the Insurance Services Organization (ISO). This high rating (top 5% in NY) directly benefits homeowners and businesses through lower fire insurance premiums. ∞ IFD responds to about 15 calls per day on average. 40% of the calls are EMS in nature and only 2% are fires of any type. 76% of the calls are in the City of Ithaca and nearly all of the remainder are in the Town. 2024 was 10% busier than the long-term average call volume and 2025 is on track to be the busiest. ∞ IFD’s total costs are increasing with a proposed growth of 25% from 2023 to 2026. This increase is driven by a small increase in staffing, growth in salaries and benefits, more overtime needs, and an increase in debt to fund fire station and apparatus. ∞ The administrative charge from the City is only 4% of the total cost of the contract and it is unclear if it represents the true cost of support from other departments to the IFD. The methodology for estimating the cost has not been updated in several years. ∞ In the last two years (2024 and 2025), the City has asked for significant additional payments from the Town after the contract was signed to help fund unexpected overtime costs and pay increases related to a new contract. ∞ According to the Census American Community Survey, the population of the City is 31,792 and the area of the Town served by IFD is estimated at 14,636. This splits the 46,000 population 69% in the City. However, there is a concern about an undercounting of the student population in both communities which calls this data into question. Also, the Town share has an estimated value related to the area served by Cayuga Heights. ∞ The cost of the contract between the City and Town for fire protection has grown 44% from 2021 to 2025 with a further increase under consideration for 2026. As noted above, this increase is driven by a small increase in staffing, growth in salaries and benefits, more overtime needs, and an increase in debt to fund fire station and apparatus. ∞ The communication from the City to the Town regarding the rising costs of the fire department has not met the standards set out in the agreement. This shortfall can be attributed to change in personnel in key positions and the shift in governance structure in the City to a manager form of government. ∞ As outlined in the supporting information that follows, the cost of the Town of Ithaca to provide fire service on its own through the development of a fire district would likely cost between $5.1 million and $ 9.0 million in annual operating costs plus the significant capital costs for new apparatus. The dissolution clause in the current agreement would provide some assets, but startup costs would be equal to two or more years of the expected operating costs. The City would likely be able to save on staffing costs, but probably not enough to make up in lost revenue. The two communities would continue to need to provide mutual aid to each other for large incidents. 15 www.cgr.org Recommendations ∞ The current sharing of service is the most cost efficient and operationally effective way to provide fire protection and emergency medical services first response to the combined population and geography of the City and Town of Ithaca. ∞ The Town should not pursue creating a separate fire service because it would be more costly to establish and operate than it will be to continue to share the service with the City. ∞ The City should do a better job of informing Town of forthcoming costs to avoid unanticipated jumps in the cost of the service. Both sides should commit to improving the communication as set forth in the agreement including regular meetings with the fire chief, city manager, town supervisor and financial staff from both. ∞ The current trend of escalating costs in the fire service does not seem to be slowing down as there are increased safety requirements and more expensive raw materials. There is also justification for a further increase in staff. Both the City and to Town can brace for fact that higher costs are an inevitability. ∞ The City should undertake an updated analysis of true costs of the support that other departments give to the Fire Department. This analysis should consider the variability of effort from the other departments that occurs related to business cycles and identify a median cost. ∞ The current cost sharing model of dividing costs based on taxable assessed value has been used for decades. It is used by a wide range of governments to share costs across an area that has variability in service demand. Moving from this model is a political decision and would require renegotiating several parts of the contract. The Town and City share several key services and a change to any of them might cause a cascading effect. ∞ There is a rationale to consider the share of calls for service when considering splitting the cost of the department. For example, if a community contracted with another for road service, they would consider the number of lane miles or if contracting for vehicle maintenance they would consider the number and type of vehicles as well as miles driven. The share of calls has followed a relatively consistent split for nearly a decade. ∞ A possible compromise would be to establish a hybrid model for funding the department that takes into account several objective factors the assessed valuation (a proxy for the property to be protected), the lane miles or square mileage (to consider the additional costs for the larger area to be covered), the share of EMS calls, share of fires and the share of other calls in each community. ∞ Another alternative would be use Taxable Assessed Valuation for dividing the base costs of the department and then use the share of calls for service to divide the costs associated with overtime and additional expenses that are outside the initial agreement. 16 www.cgr.org Supporting Information Calls for Service Distribution The map below is a heat map showing Ithaca Fire Department calls for service in 2023. The more red areas indicate dense pockets of calls. 17 www.cgr.org Calls for Service Every call for service is categorized into a specific type of call and then a grouping. The table below shows the summary grouping of natures that IFD has responded to over the last decade. 2024 was the busiest year in the last decade and 10% busier that the average of the previous ten years. 2020, the first year of COVID, was particularly slow for fire departments and EMS first response agencies across the country. The following table shows the incidents responded to by IFD through June 30, 2025. The geographic distribution is very similar to the distribution of 2024 shown in the body of the report. The call volume has averaged 15.4 calls per day. In 2024, the busiest year to date, it was 15.1. The long-term average is 13.9 calls per day. 18 www.cgr.org 19 www.cgr.org Public Protection Classification Summary The table below is the summary of the PPC Review conducted in 2016 on the Ithaca Fire Department. In New York, a Class 2 department falls in the top 5% of fire departments and is a score typically only held by departments with a substantial paid staff. For more information on the rating system, go to the link below: https://www.verisk.com/resources/faqs/public-protection-classification-ppc-program/ 20 www.cgr.org Benchmark Cities CGR compared the fire departments of several peer cities to IFD. There are several features that inhibit a precise comparison. Both Binghamton and Utica operate ambulances as part of their fire department which accounts for some increase in staffing and call volume. The mix of calls varies by community, although all of them respond to some EMS calls. Also, the budget comparisons are not precise because the other cities do not typically include the cost of benefits at the department level and may not include all capital expenses. (TOV = 14,636 City = 31,792) City+ about 24 in Town Service Area The above table benchmarks the Ithaca Fire Department to other comparable fire departments. The departments were chosen in conjunction with Ithaca Fire Department leadership based on the size of the population served and the size of the fire department. Benchmarking Takeaways ∞ Of the comparison cities shown above, Ithaca has the lowest number of Firefighters per 1,000 residents, at 1.5 firefighters. The next lowest rate is in Utica, at 1.9 firefighters per 1,000 residents. ∞ Ithaca Fire Department has a lower number of career firefighters than the comparison fire departments at 70, except the much smaller Cortland. Auburn Fire Department (with the second-lowest number of firefighters at 76) has more career firefighters than IFD even though it serves less than half the population and covers much less square milage. 21 www.cgr.org ∞ Ithaca Fire Department has fewer calls for service than any of the comparison departments. This is likely due to IFD’s internal policy decision to run fewer EMS calls than most departments. For example, of Utica’s 12,500 calls for service, about 10,000 of them are EMS calls. Cortland, with its smaller population, is an outlier. ∞ Binghamton and Utica both operate ambulances with their fire departments. ∞ Regarding costs, the peer cities do not include the costs of healthcare, retirement and other benefits in their departmental-level budgets, preventing a clean comparison. ∞ Binghamton, Cortland and Utica all have college campuses that are served by the fire departments. Niagara Falls has both a large tourist attraction and a significant industrial base that influence their staffing levels. Cost of Stand-Alone Fire District The most likely alternative to contracting with the City of Ithaca would be for the Town to create an independent fire district to serve the area outside of the Village of Cayuga Heights. To create a fire district, the Town would need to follow the process outlined in Town Law Article 11. A fire district is a separate, autonomous political subdivision with its own elected governing board (Board of Fire Commissioners) and the independent power to levy taxes and incur debt. A Town Board can act as Board of Fire Commissioners, but this is a rarely used form of governance. The typical steps to create a fire district in a Town (or towns) are outlined below. CGR does not provide legal advice and the information below should be reviewed with capable counsel. ∞ The process begins in one of two ways: ∞ Petition of Property Owners: A written petition must be submitted to the Town Board, signed by the owners of at least 50% of the assessed valuation of the real property located within the boundaries of the proposed district. ∞ Motion of the Town Board: The Town Board can initiate the proceedings on its own motion without a petition if it deems the creation to be in the public interest. ∞ The Preliminary Requirements are that the Town must: ∞ Define the Area: Prepare a map defining the area of the proposed district, usually drafted by a licensed engineer or surveyor. Existing district boundaries such as the current fire protection district could be used. ∞ Seek Legal Counsel: It is strongly recommended to seek legal counsel to ensure all statutory requirements are correctly executed. ∞ The Town Board must schedule and hold a public hearing: 22 www.cgr.org ∞ Give Notice: Publish a Legal Notice in a newspaper of general circulation in the proposed area and post it on the Town signboard. This must be done not less than 10 days and not more than 20 days before the hearing date. ∞ Conduct Hearing: All interested parties, including those inside and outside the proposed district, are given an opportunity to participate and express their views. ∞ Following the public hearing, the Town Board must make at least four formal determinations by resolution: ∞ Verify the petition (if applicable) is properly executed and contains the required signatures/assessed valuation. ∞ Determine that all properties located within the proposed district will benefit by its creation. ∞ Determine that all properties which benefit from the district have been included. ∞ Determine that the creation of the fire district is in the public interest. ∞ If the Town Board resolves to establish the district and proposes to finance an expenditure for the district by issuing obligations (e.g., bonds for a firehouse or equipment), it must apply to the Office of the State Comptroller (OSC) for permission. ∞ The OSC reviews the application and determines if the public interest will be served by the creation of the district and that the financial plan is sound. ∞ If OSC approval is not required, a certified copy of the notice of hearing is still filed with the Comptroller. ∞ Once all requirements (including OSC approval, if necessary) are met: ∞ The Town Board passes a final order establishing the district. ∞ The Town Clerk must file a certified copy of the order with the County Clerk in which the district is located. This recording formalizes the district's creation. ∞ A certified copy must also be filed with the Office of the State Comptroller in Albany within 10 days of the adoption of the final order. ∞ After the district is established, it needs to be organized as follows: ∞ Town Board Appointment: The Town Board must appoint the first temporary Board of Fire Commissioners (five members) and a Treasurer within ten days. ∞ First Election: The first election of fire district officers must be held on the second Tuesday in December next succeeding the district's establishment, at which time the Commissioners (for staggered terms) and the Treasurer are elected by district voters. The fire district then becomes virtually autonomous in its day-to-day operations. ∞ After the district is established, it would need to contract for services with an existing department until it was able to establish one of its own. ∞ The new district would likely take possession of the two stations in the Town. ∞ It would need to select and hire fire protection staff. Given that the new district would have similar population, although much larger land area than the city of Cortland, it 23 www.cgr.org would likely need between 25- and 35-line firefighting staff. Using round figures, the costs of salary and benefits for a firefighter would be about $150,000 each. ∞ 25 firefighters would yield a staffing of four firefighters and a lieutenant on the line each shift plus some additional staff for training and leadership. With a force this size, the department would rely on mutual aid and recall of staff for any large incidents. ∞ The new district would likely need to acquire 2 or 3 engines and a ladder truck to meet the minimum requirements of waterflow in the district. This would be several million dollars in expenses. ∞ The equipment and operations costs of the department would be about an additional 30% over the personnel costs. ∞ For a 25-person firefighting force, the personnel costs are estimated to be $3.75 M and the total operating costs of the department would be $4.88 M. This does not include one-time start up costs and apparatus acquisition. Standalone Fire Districts Similar to Town of Ithaca A fire district to cover the portion of the Town of Ithaca currently covered by the IFD would be responsible for about 16,000 residents in about 20 square miles. While the new district would presumably have two existing fire stations at its creation, the road network is such that a town fire district would need its apparatus to go through the City on a regular basis while responding to calls. To model the potential costs of operating a fire district for the Town of Ithaca, CGR gathered information on five existing fire districts that had roughly similar size populations and served a suburban community. None of the comparable districts had the same size geography as a new Town of Ithaca district would have. All the comparable districts have a volunteer component to their operations that work side by side with the career staff in firefighting roles. The least expensive department and closest in population is the Lakeshore Fire District (LSFD) in the Town of Greece. The total staffing for them includes 12 full time firefighters and 10 part 3 The population of the fire districts are estimates based on a similar census designated place or collection of census blocks. There could be a significant variation from the numbers presented here. 24 www.cgr.org time staff to keep a daily minimum staffing of four firefighters. LSFD typically draws its part time firefighting staff from nearby paid fire departments. LSFD relies on automatic aid from neighboring paid fire departments to assist it in the case of a large incident. Their volunteers also respond to serious calls and take duty shifts to ensure adequate coverage. It would be difficult to establish a new volunteer firefighting force in 2025. The trend across New York, including the Finger Lakes, is a declining number of volunteers. However, Tompkins County does have several successful volunteer fire departments that could provide best practices to a new department. The presence of two educational institutions in or adjacent to the Town gives an opportunity for recruitment from their student body. An active volunteer workforce could serve to help reduce the need for career firefighters but would not eliminate it. A new fire department could expect at a minimum to have an operating cost of close to $5 million annually and a substantial start up cost associated with acquiring the necessary equipment and apparatus. When fully operational, the department would still need to rely on the City and other neighbors for aid on all but the simplest of events. Additionally, it would be a regular occurrence for the Town District’s fire department to traverse the Town/City border to respond to calls. Impact on the City If the Town of Ithaca separated from the IFD, the department would need to reevaluate its staffing and equipment needs. It might be possible to reduce staffing by two to three firefighters per shift or 8 to 12 total staff. The call volume would drop 25% and the geography would be reduced by about 80%. The IFD would lose two of its fire stations and a share of its apparatus to the new Town District. The City would lose the revenue from the contract. NFPA 1710 Summary The NFPA 1710, Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments, 2020 Edition, establishes the minimum criteria for the organization, deployment, and performance of emergency services by career fire departments. The standard is designed to specify the minimum criteria addressing the effectiveness and efficiency of the fire suppression, emergency medical service, and special operations delivery in protecting citizens and ensuring the occupational safety and health of fire department employees. The requirements cover the functions and performance objectives of emergency service delivery, resource management, and response capabilities. The standard mandates that fire departments create an Organizational Statement to set forth the legal basis, structure, training, and specific services the department is authorized to perform. Central to this is the requirement to establish measurable performance objectives for service delivery, particularly focusing on alarm handling, turnout time, and travel time. For instance, the department must aim for an achievement rate of not less than 90 percent for its set time objectives. The fire department must conduct an annual evaluation of its level of service and deployment delivery, providing a written report to the Authority Having Jurisdiction 25 www.cgr.org (AHJ). This report must define any deficiencies, explain the predictable consequences, and detail the steps necessary to achieve or maintain compliance. Chapter 5 outlines the specific minimum deployment and staffing requirements for Fire Suppression Services across different types of incidents and occupancies. It defines the necessary personnel, equipment, and resources for an initial attack and the full alarm assignment capability, establishing benchmarks for various settings. The standard covers the resource requirements for a typical single-family dwelling. The guideline establishes that 15 firefighters need to be on the scene to effectively fight a fire. It provides additional staffing and deployment levels for more complex and higher-hazard occupancies, such as garden-style apartments, open-air strip malls, and high-rise buildings. The 2020 edition incorporated new requirements for the deployment and capacity of mobile water supply tankers/tenders and expanded the requirements for wildland fire suppression services. The document also provides specific requirements for Emergency Medical Services (EMS) and Special Operations response. For EMS, all members responding to emergencies must be trained to at least the first responder/AED level. Finally, NFPA 1710 requires the implementation of essential support Systems to ensure safe and professional operations. These include a Safety and Health System compliant with NFPA 1500 and an Incident Management System (IMS) compliant with NFPA 1561, which is required to form the basic structure of all emergency operations, regardless of the incident's scale. The IMS must be robust enough to manage diverse incident types, including structure fires, wildland fires, and medical emergencies. The standard also mandates effective Training Systems to maintain member competency, robust Communications Systems to support emergency response, and detailed Pre-Incident Planning for various risks, ensuring that all aspects of emergency service delivery are systematically organized and deployed. Cost of Fire Apparatus The cost of fire apparatus has increased significantly over the last five years, driven by a combination of factors. Some key points on the change in cost and contributing factors: • Substantial Price Hikes: The average cost of a new pumper fire truck has seen a major increase. For example, some reports indicate the average cost was around $700,000 in 2020 but has risen to over $1 million more recently (as of late 2025 reporting). Ladder trucks can now exceed $2 million. • Inflation and Material Costs: Global economic factors like inflation, supply chain disruptions (including the shortage of microchips), and tariffs have caused the cost of raw materials (like steel and aluminum) and components to rise rapidly, directly impacting the final price. • Increased Demand and Backlogs: There has been an unprecedented surge in orders for new fire apparatus, with one industry association reporting an increase of 26 www.cgr.org approximately 43% in orders from 2021-2023, compared to the prior decade's average. This high demand, combined with production constraints, has led to significant backlogs and extended delivery times, which can also contribute to price uncertainty (manufacturers may add buffers for future cost increases). • Regulations and Technology: Evolving regulations (such as new EPA engine mandates) and the demand for more advanced, custom-built vehicles with integrated modern technology (like telematics, electric propulsion options, and complex control systems) add to the engineering, manufacturing, and material costs. • Industry Consolidation: Concerns have been raised by firefighter associations and others about market consolidation among major fire truck manufacturers, suggesting a lack of competition may be contributing to higher prices and prolonged delivery delays. Another factor to consider regarding costs of apparatus is the difficulty to maintain them with the City’s staff. As apparatus age, they need more maintenance and several key systems (transmissions and brakes) wear more rapidly in the hilly topography of Ithaca, adding to overall costs. Qualified mechanics for fire apparatus are difficult to recruit and retain. This leads to extended times to repair the apparatus, or it necessitates sending them to an outside shop to make necessary repairs.