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HomeMy WebLinkAboutMN-SPCC-2026-06-10JUNE 10TH 2026 SPECIAL COMMON COUNCIL MEETING MINUTES VOTING RECORD Date: Wednesday June 10, 2026 Location: City Hall Council Chambers YouTube Link:https://tinyurl.com/4vyvpf2z Attendance Record of Voting Members Name Present Absent/Excused Mayor - Robert Cantelmo X 1st Ward - Jorge DeFendini X 1st Ward - Kayla Matos X 2nd Ward - Joe Kirby X 2nd Ward - Ducson Nguyen X 3rd Ward - Pat Sewell X 3rd Ward - David Shapiro X 4th Ward - Robin Trumble X 4th Ward - Patrick Kuehl X 5th Ward - Hannah Shvets X 5th Ward - Margaret Fabrizio X Also Present: Shapiro and Matos are absent. Alderperson Kuehl arrived late, during Executive Session. 1. Call To Order (5Min) Discussion Summary: Mayor Cantelmo called the Special Meeting of Common Council to order at 6:00 p.m. Alderpersons Shapiro and Matos were excused. Alderperson Kuehl arrived late. Building Division Presentation has been moved to the June 17th COW Session B meeting. Mayor Cantelmo designated a Public Comment to allow statements from the public. There will be no Privilege Of The Floor. Timestamp 1:15-6:24 1.1 Emergency Evacuation Notice 1.2 Agenda Review 1.3) Statements From The Public 2. Special Order Of Business- Finance & Administration (50Min) 2.1 Executive Session to Discuss a Personnel Matter Discussion Summary: Common Council entered Executive Session and returned 2 resolutions. Timestamp 6:26- 20:46 1. Common Council adopted the Director of Organizational Development job description and position duty statement, approved by the Civil Service Commission on June 10, 2026, and added the position to the funded roster within the City Manager's Office. Common Council appointed Dr. Kahar Khan as Director of Organizational Development, effective immediately, at Grade 11, Step 4. 2. Common Council adopts a resolution authorizing the waiver of a search committee procedure and the appointment of the Director of Human Resources. Jamie Flynn is appointed Director of Human Resources at Step 3 of Grade 11 effective immediately. Common Council entered into an Executive Session to discuss a Personnel Matter to return with 2 resolutions; Council approved the resolution authorizing the continuation of the acting City Manager's appointment and approved the resolution of a Collective Bargaining Agreement between the City and the Ithaca Professional Firefighters Association and Chief Officers Unit. Timestamp 21:12-34:22 Moved By: Robin Trumble Seconded By: Joe Kirby Motion Summary: Motion to Enter In Executive Session to Discuss a Personnel Matter. Moved by Alderperson Trumble Seconded by Alderperson Kirby. All In Favor 8-0 (Absent: Shapiro, Matos, Kuehl) Vote Passed 8-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Jorge DeFendini X Joe Kirby X Ducson Nguyen X Pat Sewell X Robin Trumble X Hannah Shvets X Margaret Fabrizio X Moved By: Jorge DeFendini Seconded By: Robin Trumble Motion Summary: Motion to Exit Executive Session. Moved by Alderperson DeFendini, Seconded by Alderperson Trumble. All In Favor 8-0. (Absent: Shapiro, Matos) Alderperson Kuehl arrived and is now in attendance. Vote Passed 9-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Jorge DeFendini X Joe Kirby X Ducson Nguyen X Pat Sewell X Robin Trumble X Patrick Kuehl X Hannah Shvets X Margaret Fabrizio X Moved By: Robert Cantelmo Seconded By: Jorge DeFendini Motion Summary: Resolution Adopting Organizational Development Program is read into the record and moved by the mayor. Seconded by Alderperson DeFendini. All In Favor 9-0 (Absent: Shapiro, Matos) Vote Passed 9-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Jorge DeFendini X Joe Kirby X Ducson Nguyen X Pat Sewell X Robin Trumble X Patrick Kuehl X Hannah Shvets X Margaret Fabrizio X Moved By: Robert Cantelmo Seconded By: Robin Trumble Motion Summary: Resolution Authorizing the Waiver of a Search Committee Procedure and the Appointment of the Director of Human Resources is read into the record and moved by the Mayor, Seconded by Alderperson Trumble. All In Favor 9-0 (Absent: Shapiro, Matos) Vote Passed 9-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Jorge DeFendini X Joe Kirby X Ducson Nguyen X Pat Sewell X Robin Trumble X Patrick Kuehl X Hannah Shvets X Margaret Fabrizio X Moved By: Jorge DeFendini Seconded By: Joe Kirby Motion Summary: Motion to Enter Into Executive Session to Discuss a Personnel Matter. Moved by Alderperson DeFendini, Seconded by Alderperson Kirby. All In Favor 9-0 (Absent: Shapiro, Matos) Vote Passed 9-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Jorge DeFendini X Joe Kirby X Ducson Nguyen X Pat Sewell X Robin Trumble X Patrick Kuehl X Hannah Shvets X Margaret Fabrizio X Moved By: Jorge DeFendini Seconded By: Hannah Shvets Motion Summary: Motion to Exit Executive Session. Moved by Aldeperson DeFendini, Seconded by Alderperson Shvets. All In Favor 9-0 (Absent: Shapiro, Matos) Vote Passed 9-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Jorge DeFendini X Joe Kirby X Ducson Nguyen X Pat Sewell X Robin Trumble X Patrick Kuehl X Hannah Shvets X Margaret Fabrizio X Moved By: Robert Cantelmo Seconded By: Jorge DeFendini Motion Summary: Resolution to Approve the Collective Bargaining Agreement Between the City, the Ithaca Professional Fire Fighters Association, and the Chief Officers Unit. Resolves were read into the record by Mayor Cantelmo, Seconded by Alderperson DeFendini. All In Favor 9-0 (Absent: Shapiro,Matos) Vote Passed 9-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Jorge DeFendini X Joe Kirby X Ducson Nguyen X Pat Sewell X Robin Trumble X Patrick Kuehl X Hannah Shvets X Margaret Fabrizio X Moved By: Robert Cantelmo Seconded By: Jorge DeFendini Motion Summary: Resolution Certifying the Necessity for Continuing the Services of the Acting City Manager and Re-Appointing Dominick Recckio for an Additional Six-Month Term. Resolution is read into the record by the Mayor, seconded by Alderperson DeFendini. All In Favor 9-0 (Absent: Shapiro, Matos) Vote Passed 9-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Jorge DeFendini X Joe Kirby X Ducson Nguyen X Pat Sewell X Robin Trumble X Patrick Kuehl X Hannah Shvets X Margaret Fabrizio X 2.2 Intermunicipal Wastewater Agreement Discussion Summary: Council discussion with Scott Gibson, Acting Superintendent of DPW. Acting Superintendent Gibson addressed questions from Council and clarified the purpose and terms of the agreement. Timestamp 34:30- 39:54 Moved By: Robin Trumble Seconded By: Joe Kirby Motion Summary: Resolution Authorizing the Execution of an Intermunicipal Wastewater Agreement. Moved by Alderperson Trumble, Seconded by Alderperson Kirby. All In Favor 9-0 (Absent: Shapiro, Matos) Vote Passed 9-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Jorge DeFendini X Joe Kirby X Ducson Nguyen X Pat Sewell X Robin Trumble X Patrick Kuehl X Hannah Shvets X Margaret Fabrizio X 3. Special Order of Business- Sustainability, Adaptability, & Resilience (25Min) 3.1 Ithaca Energy Code Supplement - Net Zero Standard Discussion Summary: Director of Sustainability Rebecca Evans discussed the need for an extension of the Energy Code Supplement due to pending State litigation. Timestamp 40:00-43:47 Moved By: Hannah Shvets Seconded By: Ducson Nguyen Motion Summary: Ordinance Amending Ithaca City Code Chapter 146 Article VII "Establishing and Implementation of the Ithaca Energy Code Supplement". Moved by Alderperson Shvets, Seconded by Alderperson Nguyen. All In Favor 9- 0 (Absent-Shapiro, Matos) Vote Passed 9-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Jorge DeFendini X Joe Kirby X Ducson Nguyen X Pat Sewell X Robin Trumble X Patrick Kuehl X Hannah Shvets X Margaret Fabrizio X 4. Public Safety (25Min) 4.1 Proposed Legislation: Vacant Building Registry Discussion Summary: Discussion only on proposed amendments to Vacant Building Ordinance and Fee structure. There was an extensive discussion on the proposed amendments, including implementation, enforcement, fees, and other considerations. The Fire Chief, Deputy Fire Chief, and City Attorney addressed questions and provided clarification. Council expressed general support for further development of the proposal, with an implementation plan to accompany the proposed legislation. Timestamp 43:50- 1:07:38 5. Public Works & Operations (25Min) 5.1 Building Division Presentation- Code Enforcement Discussion Summary: Moved to the June 17th COW B Meeting. 6. Economic & Community Development (25Min) 6.1 Planned Unit Development Application for 139-157 Chestnut Street Discussion Summary: Whispering Woods Ithaca LLC, Holt Architects, Whitham Planning & Design, and T.G. Miller presented the proposed Planned Unit Development (PUD) for 139–157 Chestnut Street to Council for considering whether to advance the proposed PUD to a public information session. Representatives presented a slide show overview. Mayor Cantelmo entertained a motion to schedule a public information session for June 25, conditional upon the applicant providing additional information regarding unit count, public benefit, and parking concerns. The motion was moved my Alderperson Kuehl and seconded by Alderperson Kirby. Council is asking the following: council would like to see higher unit count. substantiate what your parking need is not rely solely on the current land use further define and demonstrate a clear community benefit associated with the proposed PUD. Timestamp 1:07:41-1:40:49 Moved By: Patrick Kuehl Seconded By: Joe Kirby Motion Summary: motion to approve scheduling a public information session in coordination with the Planning Department, with the Planning Director authorized to adjust the date if requested by the applicant. Moved by Alderperson Kuehl, Seconded by Alderperson Kirby. All In Favor. 9-0 (Absent-Shapiro, Matos) Vote Passed 9-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Jorge DeFendini X Joe Kirby X Ducson Nguyen X Pat Sewell X Robin Trumble X Patrick Kuehl X Hannah Shvets X Margaret Fabrizio X 7. Finance & Administration (25Min) 7.1 Capital Planning- 2027 Budget Kickoff Discussion Summary: City Manager's discussion on proposed 5 year Capital Plan and financial planning for 2027 overview. Acting City Manager Dominick Recckio presented a slideshow overview. Council raised questions and comments for further discussion. Timestamp 1:41:09-2:02:03 8. Meeting Adjourn Discussion Summary: Council concluded the public portion of the meeting and entered into an Executive Session to discuss 2 items. There will be no formal vote coming out of this session. Timestamp 2:02:04- 2:02:33 Moved By: Robin Trumble Seconded By: Ducson Nguyen Motion Summary: Motion to Enter In Executive Session To Discuss Real Estate Transaction. Moved by Alderperson Trumble, Seconded by Alderperson Nguyen. All In Favor 9-0 (Absent- Shapiro, Matos) Vote Passed 9-0 Carried Unanimously Member Approve Oppose Abstain Robert Cantelmo X Jorge DeFendini X Joe Kirby X Ducson Nguyen X Pat Sewell X Robin Trumble X Patrick Kuehl X Hannah Shvets X Margaret Fabrizio X Carried Unanimously 10-0 Submitted: August 12th Adopted: 08-12-2026 Shaniqua Lewis, Deputy City Clerk Executive Session Special Meeting of CC June 10th 2026 Resolution Certifying the Necessity for Continuing the Services of the Acting City Manager and Re-Appointing Dominick Recckio for an Additional Six-Month Term WHEREAS, on January 1, 2026, pursuant to section C-12(D) of the Ithaca City Charter and a December 3, 2025 resolution of the Common Council, Dominick Recckio assumed the role of Acting City Manager; and WHEREAS, section C-12(D)(2) provides that “a person or persons designated as Acting City Manager may not serve more than an aggregate of six months unless the Common Council, by resolution, certifies the necessity for continuation of the services of an Acting City Manager in such capacity and sets forth the reasons why a new City Manager has not been appointed”; and WHEREAS, the efforts of the Common Council and the Acting City Manager have been focused on providing support to the City during a transitional period, including without limitation by filling key leadership positions, stabilizing the City’s finances, and ensuring appropriate oversight of City staff and operations; and WHEREAS, the demands of managing this transition have not heretofore permitted the Common Council to finalize the search process for a permanent City Manager; and WHEREAS, the Mayor, on behalf of the Common Council, is collaborating with the Human Resources Department to update the City Manager search materials with the intent of launching the search process in the near future; and WHEREAS, the Acting City Manager has served with distinction since his appointment; and WHEREAS, the Common Council intends to appoint a permanent City Manager prior to the end of 2026; now, therefore, be it RESOLVED, that the Common Council certifies that it is necessary to continue the services of an Acting City Manager until such time as a permanent City Manager may be appointed, and be it further RESOLVED, that the Common Council hereby appoints Dominick Recckio to an additional six- month term as Acting City Manager on the same terms as provided for in prior resolutions of the Common Council. Carried Unanimously 9-0 (Absent- Shapiro,Matos) Resolution Adopting Organizational Development Program WHEREAS, City of Ithaca staff and the Common Council have identified critical organizational development opportunities including staff alignment with policy objectives, workforce capacity building, operational effectiveness, and leadership coaching and development; and WHEREAS, the City is committed to a strong organizational culture and set of values, with particular emphasis on equity, justice, inclusion, accountability, and continuous learning; and WHEREAS, an organizational development program will increase staff capacity to implement key workforce and effectiveness goals, including training programs, leadership coaching, staff development, and cross-departmental training and efficiency initiatives; and WHEREAS, adjusting the City roster to reduce net funded positions by one will result in approximately $108,707in annual savings; now, therefore, be it RESOLVED, that the Common Council adopts the Director of Organizational Development job description and position duties statement approved by the Civil Service Commission on June 10, 2026, and adds the position to the funded roster within the City Manager’s Office; and be it further RESOLVED, that Dr. Kehar Khan be and hereby is appointed to the position of Director of Organizational Development effective June 10, 2026, at step 4 of grade 11 of the managerial compensation plan, which amounts to an annual salary of $133,199 for 2026; and be it further RESOLVED, that this appointment is a lateral move to maximize available human resources and formalize the function of Organizational Development for the City of Ithaca; and be it further RESOLVED, that the positions of Deputy Director of Human Resources and Equity Talent Acquisition Specialist be defunded for the remainder of 2026, resulting in annual budget reductions of $73,893 in payroll expenses and $34,814 in fringe benefit expenses to cover costs for this program and achieve necessary savings; and be it further RESOLVED, that $71,448 be transferred from account A1430-5105 to account A1230-5105 for the purpose of effectuating the changes contemplated by this resolution. Executive Session Special Meeting Of Common Council 6-10-2026 Carried Unanimously 9-0 (Absent-Matos, Shapiro) Resolution Authorizing Waiver of Search Committee Procedure and the Appointment of the Director of Human Resources WHEREAS, Section 26 of the Ithaca City Charter sets forth the process for the search and appointment of certain department heads; and WHEREAS, Section 26(I) of the Ithaca City Charter permits a waiver of the standard search procedure upon the request of the City Manager and subject to an affirmative vote of 2/3 of the Common Council of the City of Ithaca; and WHEREAS, the position of Human Resources Director is vacant due to a realignment to adopt a City-wide organizational development program, and Deputy Director Jamie Flynn has served as Acting Director with distinction since December 2025; and WHEREAS, the City Manager wishes to appoint, and the Common Council wishes to approve, a permanent Director of Human Resources without further delay; now, therefore, be it RESOLVED that, pursuant to Section 26(I) of the Ithaca City Charter, the search process for the position of Human Resources Director is hereby waived; and be it further RESOLVED, that Jamie Flynn be and hereby is appointed to the position of Director of Human Resources effective June 10, 2026, at step 3 of grade 11 of the managerial compensation plan, which amounts to an annual salary of $127,407 for 2026. Carried Unanimously 9-0 (Absent-Matos, Shapiro) Executive Session Special Meeting of Common Council 6-10-2026 RESOLUTION TO APPROVE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY, THE ITHACA PROFESSIONAL FIRE FIGHTERS ASSOCIATION, AND THE CHIEF OFFICERS UNIT WHEREAS, the City of Ithaca (the “City”) and the Ithaca Professional Fire Fighters Association (the “IPFFA”), a collective bargaining unit representing specified titles in the Ithaca Fire Department, are parties to a collective bargaining agreement governing the terms and conditions of employment for IPFFA members (the “IPFFA Agreement”); and WHEREAS, the Chief Officers Unit (“COU”) is an affiliate of the IPFFA, and is a party to a collective bargaining agreement with the City governing the terms and conditions of employment for COU members (the “COU Agreement”); and WHEREAS, the IPFFA and COU traditionally bargain together; and WHEREAS, the IPFFA Agreement and COU Agreement both expire on December 31, 2026; and WHEREAS, in advance of the agreements’ expiration, the City and IPFFA and COU (the “parties”) negotiated in good faith and entered into a tentative agreement containing terms of a successor agreement for both units (the “TA”); and WHEREAS, the membership of the IPFFA and COU voted to ratify the TA on May 21, 2026; and WHEREAS, the Common Council must review and approve the TA before its terms may be incorporated into any successor agreement and before that successor agreement may be executed; now, therefore, be it RESOLVED, that the Common Council approves the terms of the TA; and be it further RESOLVED, that the City Manager, subject to the advice of the City Attorney, shall direct the amendment of the existing Agreements to incorporate the terms of the TA; and be it further RESOLVED, that the City Manager, subject to the advice of the City Attorney, is authorized and directed to execute the resulting amended Agreement following its execution by the IPFFA and the COU. Carried Unanimously 9-0 (Absent-Matos, Shapiro) Executive Session Special Meeting of Common Council 6-10-2026 Date: Time: Location: Watch Online: Wednesday June 10, 2026 6:00 PM City Hall Council Chambers https://www.youtube.com/@CityofIthacaPublicMeetings JUNE 10th 2026 SPECIAL MEETING OF COMMON COUNCIL AGENDA- REVISED 1. Call To Order (5Min) 1.1. 1.2. 2. Special Order Of Business- Finance & Administration (50Min) 2.1. 2.2. 3. Special Order of Business- Sustainability, Adaptability, & Resilience (25Min) 3.1. 4. Public Safety (25Min) 4.1. 5. Public Works & Operations (25Min) 5.1. 6. Economic & Community Development (25Min) 6.1. 7. Finance & Administration (25Min) 7.1. 8. Meeting Adjourn Emergency Evacuation Notice Agenda Review Executive Session to Discuss a Personnel Matter Intermunicipal Wastewater Agreement Ithaca Energy Code Supplement - Net Zero Standard Proposed Legislation: Vacant Building Registry Building Division Presentation- Code Enforcement Planned Unit Development Application for 139-157 Chestnut Street Capital Planning- 2027 Budget Kickoff No Public Comment Not all meetings have a Public Comment segment. The City of Ithaca wants to hear from you! You are encouraged to share your thoughts with Common Council using the options below: To Submit Written Comments please use the link below. Click Here To Submit Written Comment *Written comments submitted will be compiled and entered into the record. 1 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Department of Public Works Shaniqua Lewis, Deputy City Clerk TO:Common Council FROM:Scott Gibson, Asst Superintendent-DPW DATE:June 10, 2026 RE:Intermunicipal Wastewater Agreement ITEM #:2.2 MEMORANDUM Resolution Authorizing the Execution of an Intermunicipal Wastewater Agreement. Acting City Manager is authorized and directed, subject to the advice of the City Attorney, to execute an Intermunicipal Wastewater Agreement in substantially the same form as that attached hereto. ATTACHMENTS: Wastewater resolution.pdf Intermunicipal Wastewater Agreement 5_26_v4_with_map_for_review (002).pdf 2 Resolution Authorizing the Execution of an Intermunicipal Wastewater Agreement WHEREAS, the City of Ithaca, the Town of Ithaca, and the Town of Dryden own and operate the Ithaca Area Wastewater Treatment Facility (IAWWTF); and WHEREAS, the City was party to a 2003 intermunicipal agreement whereby the owners of the IAWWTF, the owners of the Village of Cayuga Heights Wastewater Treatment Plant (VCHWWTP), and the Village and Town of Lansing provided that, subject to certain conditions, excess capacity at the IAWWTF would be made available to treat flows that would have otherwise been treated at the VCHWWTP; and WHEREAS, the prior agreement is expiring and the Common Council wishes to authorize a successor agreement; now, therefore, be it RESOLVED, that the Acting City Manager is authorized and directed, subject to the advice of the City Attorney, to execute an Intermunicipal Wastewater Agreement in substantially the same form as that attached hereto. 3 1 INTERMUNICIPAL WASTEWATER AGREEMENT This Agreement is made this 15th day of May, 2026, by and between the VILLAGE OF CAYUGA HEIGHTS, Tompkins County, New York, TOWN OF DRYDEN, Tompkins County, New York, CITY OF ITHACA Tompkins County, New York, the TOWN OF ITHACA, Tompkins County, New York, TOWN OF LANSING, Tompkins County, New York, arid VILLAGE OF LANSING, Tompkins County, New York (hereafter collectively referred to as the “Parties’"). WHEREAS, the Village of Cayuga Heights constructed, owns and operates the Village of Cayuga Heights Wastewater Treatment Plant, located in the Village of Cayuga Heights, which serves its Village as well as certain areas in the Town of Dryden, Town of Ithaca, Town of Lansing and Village of Lansing; and WHEREAS, pursuant to Article 5-G of the N.Y. General Municipal Law, the Town of Dryden, City of Ithaca and Town of Ithaca jointly constructed, own and operate the Ithaca Area Wastewater Treatment Facility, located in the City of Ithaca, which provides wastewater treatment services in certain areas in their respective jurisdictions; and WHEREAS, the Village of Cayuga Heights Wastewater Treatment Plant operates at full capacity during certain parts of the year, and the Ithaca Area Wastewater Treatment Facility has excess capacity; and WHEREAS, the Town of Lansing and Village of Lansing wish to obtain additional wastewater capacity, and the Town of Ithaca and Town of Dryden wish to utilize some of their excess capacity in the Ithaca Area Wastewater Treatment Facility instead of continuing to utilize capacity in the Village of Cayuga Heights Wastewater Treatment Plant; and WHEREAS, the Parties wish to provide wastewater services to their respective communities and meet their wastewater discharge permit requirements in the most efficient manner; and 4 2 WHEREAS, the respective legislative bodies of the Parties have determined that joint actions and cooperation among the Parties to meet their respective needs are in their best interests, will benefit their respective citizens, and will help protect the water quality of Cayuga Lake, and such legislative bodies having authorized their respective Mayors and Supervisors to sign this Agreement; NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements contained herein, the Parties agree as follows. 1. Definitions. These words and phrases shall have the following meanings: A. Agreement. This Intermunicipal Wastewater Agreement. B. Effective date of this Agreement. The date on which this Agreement is fully executed by all of the Parties. C. Consent of a Party or Parties. Whenever consent of a Party is required under this Agreement, a majority vote of the full possible voting strength of the Party’s governing body shall be necessary for that Party to give its consent. Whenever this Agreement requires the consent of all of the Parties, all of the Parties must give their consent before the proposed action can be undertaken. D. Flow meter. A device that measures the flow rate and volume of sanitary sewage and provides a record of the flow data on a continuous basis. E. IAWWTF. The Ithaca Area Wastewater Treatment Facility, which is located in the City of Ithaca and is jointly-owned and operated by the Town of Dryden, City of Ithaca, and Town of Ithaca. F. IAWWTF permit holders. Those municipalities that are or will be listed on the 5 3 IAWWTF SPDES permit (the Town of Dryden, City of Ithaca, and Town of Ithaca). G. Jointly-Owned Interceptors. Interceptors co-owned and maintained by the City and Town of Ithaca, pursuant to the bilateral Joint Interceptor Agreement, which convey sewage originating outside the City, through the City to IAWWTF. H. Metrics. Measurements of system performance that form a basis for management decisions and actions. I. O&M. Operation and maintenance. J. Party or Parties. ‘Party” means one of the municipalities signing this Agreement. “Parties” means the six municipalities who are signing this Agreement, collectively, unless specifically referenced hereunder as a lesser number of municipalities. K. Service area. Those areas within the Parties’ jurisdictions that are delineated as such on the map annexed to this Agreement as Exhibit A. L. SPDES Permit. State Pollutant Discharge Elimination System Permit issued by the New York State Department of Environmental Conservation. M. Treatment Facilities. The wastewater treatment plants located in the Village of Cayuga Heights and City of Ithaca, together with equipment, interceptors and facilities required to be used in the exercise of this Agreement, regardless of where such are located. “Treatment Facility” shall refer to either of these wastewater treatment plants, together with equipment, interceptors and facilities serving that plant, which are required to be used in the exercise of this Agreement, regardless of where such are located. N. VCHWWTP. The Village of Cayuga Heights Wastewater Treatment Plant located in, and wholly owned and operated by, the Village of Cayuga Heights. 6 4 2. For purposes of this Agreement, the service areas for the VCHWWTP and IAWWTF are treated as one service area, and are shown on Exhibit A. Any future changes to the service areas may be made only upon the written consent of the Parties relevant to a proposed change. 3. Pursuant to a separate agreement or agreements by the IAWWTF permit holders and one or more of the other Parties, and contingent upon confirmation of current and anticipated future capacity availability, the IAWWTF shall accept flows from areas that, prior to the effective date of this Agreement, were served by the VCHWWTP or were not served by public sewers. 4. The Village of Cayuga Heights shall maintain separate agreements with the Town of Lansing and the Village of Lansing regarding the acceptance of flows from those two parties at the VCHWWTP. 5. Two or more of the Parties may enter into separate agreements that provide for the use of jointly-owned interceptors to collect and convey previously separate flows, contingent upon a prior determination by the owner(s) of the interceptors that there is adequate interceptor capacity and IAWWTF capacity to accommodate anticipated flows. 6. The Parties agree to utilize the concept of “equivalent flows” in the separate agreements referenced in paragraphs 3 through 5 above so that the Parties can collect and treat flows in the most efficient manner. The concept of “equivalent flows” means a Party’s flows may be treated at one Treatment Facility, and to make room for those flows, flows from another Party or Parties may be diverted to the other Treatment Facility. As a consequence, the first Party may be required to (i) use or purchase capacity and/or pay for treatment of the diverted wastewater at the Treatment Facility receiving the diverted flows, even though the flows came from another Party or Parties; and/or (ii) use or purchase capacity and/or pay for the transmission of the diverted wastewater through a jointly-owned interceptor even though the flows came from another Party or Parties. 7. The Parties shall develop metrics to measure flows from each Party to each of the Treatment Facilities. The Parties shall utilize flow meters, master water service meter readings and other appropriate information to determine each Party’s flows to each Treatment Facility. 7 5 8. Each Treatment Facility will set its own O&M rate for each of the Parties it serves. The O&M rates shall include an economic incentive to reduce inflow and infiltration. The Treatment Facilities may adjust the O&M rates periodically to account for collection system improvements made by one or more Parties that reduce infiltration and inflow. 9. The governance of the two Treatment Facilities will not change on the effective date of this Agreement. The Parties will continue to utilize the committee created pursuant to the 2003 Agreement to help coordinate and synchronize operations between the two Treatment Facilities, help plan for system improvements that benefit the Parties, and assist the Parties in the efficient provision of wastewater treatment services. 10. The Parties will maintain common pretreatment standards throughout the two Treatment Facilities’ Service Areas. Any changes to the standards can be made only upon consent of all the owners of the Treatment Facilities. Any municipality that physically discharges into the IAWWTF and is not an IAWWTF permit holder shall enter into a multijurisdictional agreement with the IAWWTF permit holders to assign responsibility for pretreatment program implementation and enforcement in that municipality. 11. This Agreement shall continue in force until May 15, 2036. 12. If a Party wishes to terminate its participation in the Agreement, it must give at least five (5) years written notice to the other Parties, and such notice shall contain the reason for such termination. 13. This Agreement constitutes the entire Agreement of the Parties. It may be amended only by the written consent of all of the Parties, with each Party executing and acknowledging the document containing the amendment through its duly authorized representative. 14. This Agreement shall be governed by the laws of the State of New York. 8 6 IN WITNESS THEREOF, the Parties have caused this Agreement to be executed by their duly authorized officers and sealed with their corporate seals on the day(s) and year set forth below. _________________________________________ ___________________ Robert Cantelmo, Mayor, City of Ithaca Date _________________________________________ ___________________ Rod Howe, Supervisor, Town of Ithaca Date _________________________________________ ___________________ Jason Leifer, Supervisor, Town of Dryden Date _________________________________________ ___________________ Linda Woodard, Mayor, Village of Cayuga Heights Date _________________________________________ ___________________ Ronny Hardaway, Mayor, Village of Lansing Date _________________________________________ ____________________ Ruth Groff, Supervisor, Town of Lansing Date 9 7 10 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Sustainability Shaniqua Lewis, Deputy City Clerk TO:Common Council FROM:Rebecca Evan, Director of Sustainability DATE:June 10, 2026 RE:Ithaca Energy Code Supplement - Net Zero Standard ITEM #:3.1 MEMORANDUM Ithaca Energy Code Supplement Net-zero standard proposed to go into effect October 2026. In order to allow the City time to establish an orderly transition to a new regulatory framework, the City desires to delay the implementation date of the existing Ithaca Energy Code Supplement from July 1, 2026 to October 1, 2026 so that it can either adopt the state regulations if upheld on appeal, or establish a new, updated energy code supplement that is independent of the state regulations. ATTACHMENTS: Updated- IECS 2026 Delay Packet (1).pdf Ithaca_Energy_Code_Supplement_-_2025_Update_1_Rebecca_Evans.pdf 11 1 | P a g e M E M O R A N D U M DATE: 5 June 2026 TO: Common Council, Acting City Manager FROM: Rebecca Evans, Director of Sustainability RE: IECS Updates EXECUTIVE SUMMARY This memorandum provides an update on the proposed amendments to the pioneering sister Ithaca Energy Code Supplements (City of Ithaca IECS | Town of Ithaca IECS). The IECS is an energy code that is implemented in phases, with buildings becoming more efficient and comfortable in its 2021, 2023, and final 2026 implementation. The 2026 iteration of the energy code intends to require net-zero construction for new buildings. In November 2025, staff recommended delaying the planned January 2026 implementation until 1 July 2026 due litigation at the state level. Those proceedings have stalled and have unfortunately compelled us to recommend delaying implementation once again to 1 October 2026. PROJECT BACKGROUND Please see the attached October 2025 memo for details about the IECS and process. Additionally, in 2025, New York State updated its building code, which includes new building energy standards. Initially, the code included provisions consistent with the NYS adopted All-Electric Buildings Act, which prohibited the use of fossil fuels in certain buildings through 2029, and most new buildings thereafter. Before the state was able to adopt the new code and these provisions, a fossil fuel company sued New York claiming that the All-Electric Buildings Act is preempted by federal law, namely the Energy Policy and Conservation Act. A federal district judge has ruled that the All-Electric Buildings Act is not preempted by federal law, however, the plaintiffs appealed the ruling. Due to the ongoing litigation, NYS has delayed the implementation of the all-electric provisions until the courts finish reviewing the case. It is important to note that delaying implementation is not a concession but rather a risk mitigation measure while the legal process proceeds. The Ithaca Energy Supplement contains similar and adjacent provisions to the All-Electric Buildings Act, including a prohibition on new fossil fuel installations. At the advice of counsel, staff are recommending also delaying the implementation of the Ithaca supplement. POLICY ALIGNMENT STATEMENT The Ithaca Energy Code Supplement significantly contributes to the Sustainability, Adaptability, & Resilience policy statement(s). CITY OF ITHACA 108 E. Green St. — Third Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING AND DEVELOPMENT Rebecca Evans, Director of Sustainability Planning & Development – 607-274-6550 E-Mail: revans@cityofithaca.org 12 2 | P a g e DEVELOPMENT IMPLICATIONS The delay of implementation means the final, updated version of the IECS will be presented to Council in August 2026. In advance of those meetings, staff are providing additional materials for Council review should you like to get a head start. Included in this packet are a Switchbox analysis of electric grid impacts and the cost impact analysis from a NYS Dept. of State full regulatory impact statement. NEXT STEPS Should Council adopt the proposed legislation delaying the implementation of the 2026 phase of the Ithaca Energy Code Supplement, staff will bring the full code for Council consideration in August 2026. 13 An Ordinance Amending Ithaca City Code Chapter 146 Article VII, “Establishment and Implementation of the Ithaca Energy Code Supplement” WHEREAS, the State of New York has adopted updated building code standards by regulation effective January 1, 2026; and WHEREAS, the State of New York is in litigation over the legality of the building code standard requiring the elimination of fossil fuel usage in certain buildings; and WHEREAS, on November 12, 2025, the State of New York and other parties to the litigation signed a stipulation agreeing to suspend the implementation of regulations implementing the All Electric Buildings Act, which would prohibit the use of fossil fuels in certain developments and renovations, while the litigation proceeds on appeal; and WHEREAS, the City of Ithaca was preparing to adopt certain optional portions of the state regulations set to go into effect on January 1, 2026; and WHEREAS, the existing Ithaca Energy Code Supplement contains provisions that go into effect on January 1, 2026; and WHEREAS, the existing Ithaca Energy Code Supplement contains provisions that are in conflict with the proposed, but now suspended, state regulations; and WHEREAS, in November 2025, the implementation of the Ithaca Energy Code Supplement was delayed from January 1, 2026 to July 1, 2026; and WHEREAS, litigation over the elimination of fossil fuel usage in certain buildings has not progressed at the state level; and WHEREAS, in order to allow the City time to establish an orderly transition to a new regulatory framework, the City desires to delay the implementation date of the existing Ithaca Energy Code Supplement from July 1, 2026 to October 1, 2026 so that it can either adopt the state regulations if upheld on appeal, or establish a new, updated energy code supplement that is independent of the state regulations; and WHEREAS, the Common Council of the City of Ithaca desires to amend Chapter 146 of the Ithaca City Code for the reasons stated above; and WHEREAS, the City of Ithaca Common Council has demonstrated its commitment to the goals set forth in the Ithaca Green New Deal with the adoption of the reaffirmation resolution in May 2025, which will require limiting new sources of greenhouse gas emissions; now, therefore, 14 ORDINANCE 2026-__ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Amendments to Chapter 146 of the Ithaca City Code The following portions of Chapter 146 Article VII of the Ithaca City Code are hereby amended as follows: 1 § 146-50 Title, legislative purpose, intent, and effective date. A.This article shall be known and cited as the "Establishment and Implementation of the Ithaca Energy Code Supplement." The purpose and intent of this article is to establish a green building code for all new construction, certain additions, and major renovations, as specified and defined in this article, of any buildings, structures, or premises, regardless of use or occupancy with requirements above and beyond the state energy code. The requirements set forth give priority to electrification, renewable energy, and affordability. B.The intent of this article is to: (1)Deliver measurable and immediate reductions in greenhouse gas emissions from new buildings, major renovations, and new additions; (2)Advance best practices in the design of affordable buildings to deliver reduced greenhouse gas emissions; and (3)Provide a rapid but orderly transition to alternative sources of energy, e.g., not fossil fuel based, to supply major building energy needs, such as space heating and hot water heating, by July October 1, 2026. C.The regulatory structure set forth in this article and requirements of the Article are eff ective upon enactment. Additional requirements to further reduce greenhouse gas emissions become effective in 2023 and by July October 1, 2026. … Section 2. Severability Clause Severability is intended throughout and within the provisions of this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Ordinance. Section 3. Effective Date 1 Strikethrough indicates removals. Underlining indicates additions. Ellipses (…) indicate the omitted text remains unaltered. 15 This ordinance shall take effect on July 1, 2026 and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 16 1 | P a g e M E M O R A N D U M DATE: 7 October 2025 TO: Sustainability & Climate Justice Commission FROM: Rebecca Evans, Director of Sustainability RE: IECS Updates EXECUTIVE SUMMARY The City of Ithaca is issuing the memorandum to provide community members and stakeholders an update on the 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. The code was intentionally implemented in increasingly stringent stages, with each phase increasing the required reduction in greenhouse gas emissions. This method provided code officers, developers, residents, institutions, and other organizations time to adjust and prepare before more rigorous standards applied in 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, New York State was also preparing to release an updated State Fire Prevention and Building Code, and Energy Conservation Construction Code. THE WORKING GROUP The working group included representatives from both the City and Town of Ithaca, supported by external consultation from Lou Vogel, Partner at Taitem Engineer, DPC. Municipal representatives included the City’s Director of Sustainability, City Director of Code Enforcement, Town Supervisor, Town Director of Planning, Town Sustainability, and Town Director of Code Enforcement & Zoning. 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 New York State energy code. Informal technical assistance was also provided by the Pacific Northwest National Laboratory and NYSERDA. Throughout the review, the group closely monitored the activities of the New York State Code Council to ensure both legal compliance and fidelity to the intent of the Ithaca Energy Code Supplement. Priority CITY OF ITHACA 108 E. Green St. — Third Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING AND DEVELOPMENT Rebecca Evans, Director of Sustainability Planning & Development – 607-274-6550 E-Mail: revans@cityofithaca.org 17 2 | P a g e was placed on amendments that would support the Community Choice Aggregation program (Tompkins Green Energy Network or T-GEN) and its Distributed Energy Resources program – initiatives designed to accelerate affordable, community-wide decarbonization in line with the City and Town of Ithaca sister Green New Deals. In July 2025, the Code Council formally adopted the 2024 State Fire Prevention and Building Code (the “Uniform Code”) and the State Energy Conservation Construction Code (the “Energy Code”). These updates, informed in part by the Ithaca Energy Code Supplement and the 2024 International Code Council 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 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. • 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 Net-Zero Appendices, for Commercial and Residential buildings, will require offsetting 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. The working group found that the NYS Energy Conservation Construction Code (ECCCNYS) 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. *2024 NYSECCC 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. Requests for variances or exceptions to the net-zero appendices should made through the City of Ithaca. 18 October 2025 Juan-Pablo Velez, Bryan Murray All-Electric All-Electric Building Act The impact of the AEBA on New York State's grid 19 About this report WHO COMMISSIONED THIS REPORT? This report was commissioned by Spring Street Climate Fund. WHO IS SWITCHBOX? Switchbox is a nonprofit think tank that produces rigorous, accessible data on state climate policy for advocates, policy- makers, and the public. Find out more at www.switch.box. CITATION For attribution, please cite this work as: Velez, Juan-Pablo, and Bryan Murray. 2025. All-Electric Building Act: The impact of the AEBA on New York State's grid. Switchbox. October 31, 2025. https://www.switch.box/aeba-grid COPYRIGHT Switchbox values open knowledge and encourages you to share and cite this report broadly through the Creative Commons Attribution-Noncommercial license ( CC BY-NC 4.0 ). 20 Table of Contents Introduction   4 Executive Summary   5 Findings   6 AEBA will increase electricity use in winter, not summer 6 New York’s grid has significant spare capacity in the winter 7 AEBA will contribute very little to winter peak growth 8 Appendix   12 Acknowledgments 12 Data and Methods 12 References 15 21 4 Introduction In May 2023, New York became the first state to pass a law requiring all new buildings to be all-electric: the All-Electric Building Act (AEBA). On January 1, 2026, the first part of the AEBA will take effect: residential buildings seven stories or fewer will be required to be all-electric, as will commercial and industrial buildings 100,000 square feet or less.1 As the state looks ahead to the launch of the nation’s first all-electric new construction standard, Switchbox is releasing this analysis of the AEBA’s impact on New York’s electric grid. In the wake of two grid reliability reports from the New York Independent System Operator (NYISO),2 moderate Democrats in the New York State Assembly are pushing Gov. Hochul to delay implementing the AEBA she signed into law in 2023.3 Claiming that “NYISO has flagged serious [grid reliability] concerns that warrant a more cautious approach,” moderate Democrats in the New York State Assembly have sent a letter to Gov. Kathy Hochul, asking her to “suspend enforcement of the new building electrification requirement” until the state “evaluates grid readiness under high electrification”.4 Despite asserting that NYISO’s recent reliability reports warrant delaying the AEBA’s implementation, the letter includes no analysis of how the law—which only applies to new buildings—would actually affect the grid. To shed some light on the grid impacts of the AEBA, this report seeks to answer the following questions: ○Will the AEBA actually spur “high electrification”, given the state’s expected pace of new construction? ○How will the AEBA actually affect the grid? 1 The AEBA will apply to all new buildings, with a few exemptions, starting on January 1, 2029; see §11-104-6(b) of the New York State Energy Conservation Construction Code. 2 The Q3 STAR report (NYISO 2025b), which identifies reliability risks over the next five years, and the Comprehensive Reliability Plan 2025-2034 (NYISO 2025c), which looks at the next decade. 3 As first reported by Spectrum News (Lisa 2025). 4 The sign-on letter (Conrad 2025) was authored by Assemblymember William Conrad (D-AD 140). 22 5 Executive Summary Analyzing data from NYISO and the Census Bureau, this report finds that: ○AEBA will increase electricity use from buildings in winter, not summer. Virtually all new buildings already have air-conditioning. ○Today, New York’s grid has significant spare capacity in the winter: the winter peak is only 77% of the summer peak. ○The short-term reliability risks identified by NYISO— for the next five years—are all associated with the summer peak. ○Therefore, the AEBA will not contribute to short-term reliability risks. Rather, it will make better use of the grid’s spare winter capacity. ○Over the long term, a growing winter peak, driven partly by heating electrification, will eventually exceed the summer peak. (NYISO’s estimates vary on when this will happen, but no sooner than 2035.) ○However, given New York’s current and expected pace of new construction, the AEBA will be responsible for only 7% of the winter peak growth forecasted by NYISO (in their baseline scenario). 23 6 Findings AEBA WILL INCREASE ELECTRICITY USE IN WINTER, NOT SUMMER Starting on January 1, 2026, the All-Electric Building Act requires all new buildings seven stories or fewer to install all-electric appliances. Most appliances are already electric, so this requirement will only affect those that sometimes consume fossil fuels: stoves, water heaters, and heating systems. Stoves and water heaters are used year-round, but they consume a negligible amount of electricity: over the course of a month, a heat pump water heater and an induction stove each use around a tenth of the power it takes to cool a home during the summer.5 The electrification of these appliances in new construction would therefore not add a significant load to the grid during the summer. Compared to these end-uses, heat pumps consume a significant amount of electricity to provide heating. But they do so only during the winter, when the grid has significant spare capacity (see p. 7). Heat pumps can also provide cooling, however. By spurring the adoption of heat pumps in new buildings, would the AEBA therefore increase electricity use during the summer peak, when the grid is most stressed? No, because the vast majority of new buildings are already built with air-conditioning.6 In fact, NYISO’s building electrification summer peak forecasts show no impact from heat pump adoption: “Increases in electric cooling from heat pumps are largely offset by decreasing saturations of central and room air conditioning.”7 To sum up: The reliability risks identified by NYISO’s recent reports are all associated with summer peaks, when the grid is most stressed. But the AEBA won’t worsen the summer peak 5 A heat pump water heater and an induction stove consume approximately 75 kWh and 60 kWh a month, respectively. By comparison, a central air-conditioning unit in a typical American home consumes about 2,500 kWh per year—roughly 625 kWh per month during the summer. 6 88% of all homes in New York State had some form of air-conditioning (as of 2020); nationally, 98% of new homes were built with air-conditioning as of 2023. 7 See p. 3 in NYISO’s 2025 Gold Book, which contains their updated load forecasts for New York’s grid (NYISO 2025a). 24 7 with new cooling loads, because virtually all new buildings have air-conditioning already. Instead, by replacing fossil fuel-burning appliances with electric ones, the AEBA will produce new buildings that consume more electricity during the winter than they would have otherwise. Does New York’s grid have enough spare winter capacity to handle this AEBA-induced load growth? NEW YORK’S GRID HAS SIGNIFICANT SPARE CAPACITY IN THE WINTER Over the past ten years, New York’s grid-wide winter peak has averaged only 77% of the summer peak. 5000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 23,317 24,164 25,081 24,728 23,253 22,541 23,237 23,369 22,718 23,521Jan ‘16 Dec ‘16 Jan ‘18 Jan ‘19 Dec ‘19 Dec ‘20 Jan ‘22 Feb ‘23 Jan ‘24 Jan ‘25 32,076 29,699 31,861 30,397 30,660 30,919 30,505 30,206 28,990 31,857 Aug ‘16 Jul ‘17 Aug ‘18 Jul ‘19 Jul ‘20 Jun ‘21 Jul ‘22 Sep ‘23 Jul ‘24 Jun ‘25 Monthly Peak Load (MW) Winter Peaks Summer Peaks In other words, at the level of generation and transmission, around a quarter of the grid’s capacity goes unused during the winter. And since the grid is already sized to handle these summer peaks, there’s significant “headroom” for winter peaks to grow up to their level, using existing infrastructure. What about at the distribution level of the grid? A recent study by Synapse Energy Economics analyzed the capacity of New York’s distribution grid to accommodate building electrification. Figure 1: NYISO peak hourly load over the last ten years, showing New York’s grid-wide winter and summer peaks. Source: NYISO. New York’s grid-wide winter peak has averaged only 77% of the summer peak. “ ” 25 8 While the picture varies by utility, the distribution grid as a whole appears to have even more winter headroom than the bulk power grid: Utility Distribution winter peak (MW) Total estimated winter head- room (MW) Available winter capacity National Grid 4,276 4,477 51% Central Hudson 796 279 26% NYSEG and RGE 3,786 3,235 46% ConEd 4,691 1,346 22% Orange & Rockland 1,123 1,071 49% Total 14,673 10,408 42% For instance, in Central Hudson, 26% of the distribution grid’s winter capacity is currently unused. In National Grid, the figure is 51%. The study concludes: “Existing distribution grids could support residential heat pumps reaching roughly 29 percent to 47 percent of the entire heating fuel stock… with the statewide average of 39 percent.”8 Simply put: at present, New York’s grid has significant spare winter capacity to accommodate heat pumps in new construc- tion, without triggering reliability problems. AEBA WILL CONTRIBUTE VERY LITTLE TO WINTER PEAK GROWTH But what about over the long term? Once the AEBA comes into effect, every new building built with heat pumps will indeed contribute to the winter peak. In press interviews, Assemblymember William Conrad has voiced concerns that the AEBA could affect grid reliability in winter, presumably from its impact on the winter peak: “I don’t want to have a blackout or a brownout because, especially in the winter, that’s just something that I know my constituents and myself could not put up with.”9 Table 1: Distribution grid winter headroom by utility, adapted from p. 4 of (Takahashi 2024) . 8 See p. 4 of Synapse Energy Economics’ dis- tribution headroom report (Takahashi 2024). 9 See recent Spectrum News article (Lisa 2025). New York’s grid has significant spare winter capacity to accom- modate heat pumps in new construction. “ ” 26 9 So let’s examine how much the AEBA will contribute to winter peak growth. NYISO’s recently released long-term reliability report, mentioned prominently in the letter to Gov. Hochul, contains forecasts of how the winter peak will evolve through 2034.10 Just how quickly the winter peak will grow is uncertain: it depends not only on how quickly heat pumps are installed, but also on the pace at which EVs are adopted, and large loads such as data centers are built. Note To capture this uncertainty, NYISO has provided three scenarios: ○A baseline scenario, where “roughly 75% of resi- dential homes use primary electric space heating by 2050, with similar large-scale adoption in the commercial sector.”11 ○A low-demand scenario, where 55% of buildings electrify by 2050 ○A high-demand scenario, compliant with the State’s climate goals, where over 95% of buildings electrify by 2050 i 11 See p. 12 of NYISO’s 2025 Gold Book (NY- ISO 2025a). But one thing is certain: the AEBA itself will contribute only very minorly to winter peak. 10 NYISO’s Comprehensive Reliability Plan 2025-2034 (NYISO 2025c). relies on winter peak forecasts from NYISO’s 2025 Gold Book (NYISO 2025a). AEBA itself will contribute only very minorly to winter peak.. “ ” 27 10 Large Loads (Factories, Data Centers) EV Charging During Peak Building Electrication Retrots Building Electrication from AEBA Rest of Economy 202 5 - 2 6 202 6 - 2 7 202 7 - 2 8 202 8 - 2 9 202 9 - 3 0 203 0 - 3 1 203 1 - 3 2 203 2 - 3 3 203 3 - 3 4 203 4 - 3 5 203 5 - 3 6 203 6 - 3 7 203 7 - 3 8 203 8 - 3 9 203 9 - 4 0 Forecasted Winter Peak Load (MW) Winter Season 0 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 45,000 -10,000 -5,000 Energy Efciency + Batteries Due to building electrification, EV adoption, and new large loads such as data centers, NYISO’s baseline scenario expects the gross winter peak to grow from 25 GW in the winter of 2025–2026 to 47 GW in 2039–2040. Our modeling estimates that the AEBA will contribute 1.6 GW to the winter peak in 2040, based on the state’s current new construction rate.12 This represents only 7% of the additional 21.5 GW of gross peak winter demand expected by 2040. This gross peak demand would be reduced by 5.5 GW due to energy efficiency and behind-the-meter battery storage, for a net winter peak of 38 GW, not 47 GW. In fact, these demand reductions would offset AEBA’s impact on the winter peak in 2040 more than three times over. The NYISO data reveals another fundamental fact: Building electrification is indeed the leading driver of winter peak growth, responsible for 62% of gross winter peak growth by Figure 2: NYISO winter peak forecast for the baseline scenario, showing expected growth from 2025 to 2040. Source: NYISO 2025 Gold Book (Table I-1d), Switchbox analysis Year New Housing Units 2021 41,530 2022 49,119 2023 45,561 2024 46,852 Table 2: New housing units per year in New York State, according to the Census Bureau. 12 Of 45,000 new housing units per year, according to housing unit data from the Census Bureau, and of one square foot of commer- cial space for every three square feet of new housing, according to p.2 of NYC Construction Outlook (NYBC 2023). This estimate does not change based on the NYISO scenario, only its share of total winter peak growth within the scenario. 28 11 2040. But the overwhelming majority of this growth will be due to retrofits, not new construction. The AEBA represents only 19% of the winter peak growth expected from building electrification by 2040.13 This is because the state’s pace of new construction is modest, while the existing building stock is vast. The bottom line: The AEBA will contribute only minorly to peak growth, 93% of which will be driven by other trends: building electrification of existing buildings, the adoption of EVs, and the building of data centers and other large loads. It has long been known that building and vehicle electrification will require upgrades to New York’s grid. When they will be needed is unclear: The winter peak has not yet started to grow, due in part to the sluggish pace of building electrification. But this much is clear: these upgrades will be needed regardless of whether the AEBA is implemented. And delaying the AEBA will not fundamentally shift when those upgrades are needed, given its tiny contribution to peak growth. That will be deter- mined by far larger trends. 13 While these statements apply specifically to NYISO’s baseline scenario, retrofits are the overwhelming driver of building electrification in every scenario. 29 12 Appendix ACKNOWLEDGMENTS The authors would like to acknowledge: ○John Raskin, Spring Street Climate Fund ○Michael Hernandez, Rewiring America ○Jessica Azulay, Alliance for a Green Economy ○Anshul Gupta, New Yorkers for Clean Power ○Sherry Zuo, Cornell University ○Ben Oldenburg ○Synapse Energy Economics DATA AND METHODS This section documents the datasets, transformations, and assumptions underlying the three main findings. “AEBA will increase electricity use in winter, not summer” section For this section, we rely on published statistics cited inline and in margin notes next to the relevant statements. Specifi- cally, we use: ○Residential air-conditioning prevalence in New York and the U.S. new-construction market. ○Typical monthly electricity use for heat pump water heaters and induction stoves. ○Typical annual electricity use for a central air conditioner, which we convert to a monthly figure during the cooling season by dividing annual kWh by an assumed four- month summer cooling period. We do not transform the underlying statistics other than unit harmonization where needed (for example, converting an 30 13 annual air-conditioning consumption estimate to an approxi- mate monthly value for an apples-to-apples comparison with monthly appliance consumption). Our objective is to compare magnitudes—year-round appliance end uses affected by AEBA (stoves, water heating) versus cooling loads—and to note that high air-conditioning satura- tion in new construction implies minimal incremental summer- peak impact from AEBA. All sources are cited in the margin notes adjacent to the relevant text and figures (see p. 7 and Figure 1). “New York’s grid has significant spare capacity in the winter” section Bulk power (generation and transmission): We use hourly NYISO system load by zone from EnergyOnline’s NYISO Hourly Actual Load dataset. From this source, we: 1. Aggregate hourly zone loads to obtain an hourly system load series for each timestamp. 2. For each calendar month in the analysis window (last ten years), identify the maximum hourly load (the monthly system peak hour). 3. Plot the monthly maxima time series to show seasonal patterns; the points in Figure 1 are the monthly peak hours constructed this way. 4. Highlight the winter and summer peaks in each calendar year. 5. Compute the winter-to-summer peak ratio shown in the text (77%), defined as the cross-year mean of (winter monthly maximum / summer monthly maximum). This expresses typical bulk-system winter headroom relative to summer peaks. Distribution system: We summarize the findings from Synapse Energy Economics’ report, Assessing Distribu- tion System Readiness for Building Electrification in New York (Takahashi et al. 2024). Our Table 1 is based on the report’s Table 2, regarding winter distribution capacity by utility. We re-express their results as an intuitive share we refer to as available winter capacity. 31 14 Given each utility’s reported winter peak and estimated winter headroom, we compute: available winter capacity = headroom winter peak + headroom We report these shares alongside the underlying winter peak and headroom values by utility in Table 1. Minor differences versus the source may reflect rounding to whole megawatts. “AEBA will contribute very little to winter peak growth” section Forecast baseline: We use NYISO’s 2025 Gold Book baseline winter peak forecast (Table I-1d, available here) (NYISO 2025a) as the reference trajectory of gross winter peak demand through 2040. We then estimate the incremental winter peak attributable solely to AEBA (i.e., electrification in new construction mandated by the Act), independent of broader retrofit electrification. AEBA increment assumptions and calculation: ○New housing: We assume 45,000 new housing units per year in New York State going forward, based on recent housing unit data (available here) from the Census Bureau (Census 2024). We further assume each new unit contributes 2.5 kW to the coincident winter peak (from heat-pump heating). This yields approximately 112 MW of incremental winter peak per year from residential AEBA compliance. ○New commercial space: Drawing on the NYC Construc- tion Outlook (NYBC 2023), we assume one square foot of new commercial space for every three square feet of new housing. Applying a conservative conversion consistent with the residential assumption yields an additional 34 MW per year from commercial AEBA compliance. ○Total AEBA increment: This yields an AEBA increment of approximately 146 MW per year beginning in 2029, when the requirement applies to all new buildings. For 2026–2028, during which the requirement applies only to new buildings seven stories or fewer, we assume 25% 32 15 of this amount will come online (~37 MW/year). This assumption is based on the Census Building Permit Survey (data available here), which shows roughly three-quarters of new housing units in New York State are located in 5+ unit buildings, many of which may be over seven stories (Census 2025). Attribution within NYISO’s forecast: For each year, we compute the “AEBA increment”—the portion of winter peak attributable specifically to AEBA-driven new construction— based on the construction and end-use intensity assump- tions above. To distinguish new construction from retrofits, we use NYISO’s baseline forecast of total winter peak growth (Table I-1d) and subtract our AEBA increment from the building-electrification component. This isolates the share of growth attributable to retrofits (i.e., existing building conversions) and other drivers. We report both the absolute AEBA increment (e.g., 1.6 GW by 2040) and its share of overall gross winter peak growth (e.g., 7% by 2040), as well as the residual attributable to retrofits, for each forecast year and over the period. Because the AEBA increment is tied to construction and intensity assumptions, its absolute value is constant across scenarios; only its share varies by scenario. Units and rounding: All results are expressed in MW or GW as reported. Totals and shares may not sum perfectly due to rounding. REFERENCES Census. 2024. “National, State, and County Housing Unit Totals: 2020-2024.” U.S. Census Bureau. 2024. https://www. census.gov/data/tables/time-series/demo/popest/2020s-to- tal-housing-units.html. ———. 2025. “Building Permits Survey (BPS).” U.S. Census Bureau. 2025. https://www.census.gov/construction/bps/ index.html. Conrad, William. 2025. “Letter to Gov. Kathy Hochul Requesting Pause of All-Electric Building Act Implementation.” 33 16 State of New York Assembly. https://www.documentcloud.org/ documents/26205362-letter-to-gov-kathy-hochul-requesting- pause-of-all-electric-building-act-implementation-2025/. Lisa, Kate. 2025. “Moderate Assembly Dems Push Hochul to Delay All-Electric Buildings Mandate.” Spectrum News 1, October 21, 2025. https://spectrumlocalnews.com/nys/ central-ny/politics/2025/10/21/moderate-assembly-dems-push- hochul-to-delay-all-electric-buildings-mandate. NYBC. 2023. “New York City Construction Outlook Report (2023-2025).” New York Building Congress. https://www.docu- mentcloud.org/documents/26205359-nybc-2023-2025-construc- tion-outlook/. NYISO. 2025a. “Gold Book 2025.” New York Independent System Operator. https://www.documentcloud.org/docu- ments/26205358-nyiso-gold-book-2025/. ———. 2025b. “Short-Term Assessment of Reliability (STAR): 2025 Quarter 3.” New York Independent System Operator. https://www.documentcloud.org/documents/26205361-nyiso- star-2025-q3/. ———. 2025c. “Comprehensive Reliability Plan 2025-2034.” New York Independent System Operator. https://www.document- cloud.org/documents/26205360-nyiso-comprehensive-reliabili- ty-plan-2025-2034/. Takahashi, Kenji, Asa Hopkins, Ellen Carlson, Sophie Schadler, and Sabine Chavin. 2024. “Assessment of Electric Grid Headroom for Accommodating Building Electrification.” Synapse Energy Economics. 34 17 Switchbox 1 Whitehall Street 17th Floor New York, NY 10004 312.218.5448 info@switch.box www.switch.box © Switchbox. This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International (CC BY-NC 4.0). 35 (a) Costs to Regulated Parties. Implementation Costs. “First Costs.” In general, the costs to regulated parties for implementing this rule will include the “first costs,” i.e. the increase (or decrease) in the costs of constructing a building to the requirements of the proposed Energy Code rather than the requirements of the current Energy Code. For example, under the current Energy Code, fossil-fuel equipment and building systems are permitted, while under the proposed Energy Code fossil-fuel equipment and building systems will be prohibited in new buildings, with exceptions. For the nine commercial building prototypes studied in Climate Zones 4A, 5A and 6A for the NORESCO Report, the “first costs” range from a decrease of $1,311,156 for a Large Office to an increase of $450,260 for a Secondary School. Table. Incremental Cost Change for NORESCO Report Prototype Incremental construction cost Total $ $/sf NYC High Rise Apartment (271,642) ($1.61) High Rise Apartment 9,419 $0.11 Midrise Apartment 49,267 $1.46 Large Hotel 415,427 $3.40 Standalone Retail 31,521 $1.28 Large Office (1,311,156)114 ($2.63) Secondary School 450,260 $2.13 Warehouse 163,234 $3.14 114 Savings due to a decrease in lighting power density that results in a reduction in the number of lighting fixtures required in the building. Recent technological advances enable the use of lighting fixtures with a longer useful life and a lower maintenance cost. 36 Statewide (weighted) (163,037)115 ($0.01) For the residential building prototypes studied in the Resource Refocus Report, the “first costs” average ranges from an increase of $2,156 for a multifamily residence to an increase of $6,008 for a single-family residence. The first costs of the 2024 NYSECCC are primarily driven by the increase in building thermal envelope stringency and the presence of HRV/ERV in Climate Zones 5 and 6 (whether driven by energy credit options or required by prescriptive language). These envelope improvements also have the benefit of enabling the installation of smaller HVAC equipment with a lower price point. This first cost does not include the incremental cost of a heat pump, as opposed to a traditional heating system, which is anticipated to be installed in most new residential buildings due to the prohibition against fossil-fuel equipment and building systems in residential buildings seven stories or less in height beginning on December 31, 2025 and for residential buildings above seven stories in height beginning on January 1, 2029. The cost of heat pumps is offset, in part, through the avoided cost of fossil-fuel infrastructure installation. The avoided cost is greater in urban and suburban areas where natural gas infrastructure is available. In other areas, where the fossil-fuel alternatives are either propane or fuel oil, either the developer or the buyer will also benefit from the avoided cost of installation and maintenance of tanks and fuel lines. Other Implementation Costs. A copy of the 2024 ECCCNYS costs approximately $60 to $71 and a copy of 2024 NYS ASHRAE 90.1 costs $198. Continuing Compliance Costs. In general, the on-going costs of continuing to comply with this rule will consist of the change (increase or decrease) in (1) the cost of maintaining energy-related systems and equipment, (2) the increased or decreased cost of periodic replacement of energy-related systems and 115 Same as footnote 110. 37 equipment, and (3) an increase of 19.5 percent in site energy savings for commercial buildings and an increase of 6 percent in energy costs for residential buildings. (b) Costs to the Department of State, the State, and Local Governments. Costs to the DOS. The DOS’s Division of Building Standards and Codes (“DBSC”) will offer training on the Energy Code, as revised by this proposed rule, to code enforcement personnel, registered design professionals, and other interested parties. Offering such training is part of the DBSC’s core mission, and the DOS anticipates that DBSC will be able to provide such training using its existing staff and facilities, at no significant additional cost to the agency. Costs to Local Governments – Enforcement. Pursuant to Executive Law §381, local governments (cities, towns, and villages) are charged with administration and enforcement of the Energy Code, and some counties administer and enforce the Energy Code within their boundaries. Most counties and certain State agencies are required by existing law to administer and enforce the Energy Code with respect to buildings in their custody and control. These existing administration and enforcement obligations will continue with respect to the Energy Code as amended by this proposed rule. It is not anticipated that this proposed rule will have any significant impact on the existing code administration and enforcement obligations of local governments, counties, and State agencies. Local governments, counties, and State agencies that currently administer and enforce the Energy Code will be required to ensure that their code enforcement personnel receive training on the new Energy Code for commercial buildings and residential buildings. However, code enforcement personnel are already required by regulation to receive annual “in-service” code training, and the DOS and the Code Council anticipate that code enforcement personnel will be able to receive training on the new Energy Code for commercial buildings and residential buildings as part of the already required in-service training. Furthermore, the DBSC has a program in place for training local government code enforcement officials. The staff of the DBSC will provide 38 complimentary training to assist local governments in understanding the requirements of the new Energy Code for commercial and residential buildings. Local governments, counties, and State agencies that currently administer and enforce the Energy Code will be required to purchase one or more copies of the 2024 ECCCNYS (about $60 to $71) and one or more copies of 2024 NYS ASHRAE 90.1 ($198). However, DOS and NYSERDA will provide a free copy of the set of code books, either one (1) electronic copy or one (1) hard copy, to each local government administering and enforcing the Energy Code. Costs to Local Governments – Compliance. Local governments, counties, and State agencies that construct commercial buildings and residential buildings for their own use will be required to comply with the Energy Code for commercial buildings and residential buildings, as amended by this proposed rule. When a local government, county, or State agency constructs a commercial building or a residential building for its own use, it will be a regulated party, and it will be subject to the same costs of implementation and continuing compliance as private parties, as discussed in Part 4(a) (“Costs to Regulated Parties”) of this Regulatory Impact Statement. 5. LOCAL GOVERNMENT MANDATES Enforcement Mandate. As discussed in Part 4(b) “Costs to the DOS, the State, and local governments” of this Regulatory Impact Statement, existing law charges local governments (cities, towns, and villages) with administration and enforcement of the Energy Code, and counties may be responsible for enforcing the Energy Code under certain circumstances. This proposed rule will not change the existing code enforcement responsibilities of any local government or county. As discussed in Part 4(b) of this Regulatory Impact Statement, local governments and counties that currently administer and enforce the Energy Code will be required to ensure that their code enforcement 39 Ithaca Energy Code Supplement 2025 - City of Ithaca 1 ITHACA ENERGY CODE SUPPLEMENT Adopted by City of Ithaca Common Council: May 5, 2021 Amendment No. 1: Established July 13, 2022, Minor Revisions/Clarifications Amendment No. 2: Est. February 1, 2023, Common Council Resolution 6.3A Amendment No. 3: Est. ______, Common Council Ordinance 2025- _ 40 Ithaca Energy Code Supplement 2025 - City of Ithaca 2 SECTION 101 PURPOSE 101.1 This Ithaca Energy Code Supplement (IECS) establishes a local energy code supplement with requirements above and beyond the state energy code. 101.2 Objectives include: ● Deliver measurable, immediate, and long-lasting reductions in greenhouse gas (GHG) emissions from new buildings. ● Promote best practices in the design of affordable buildings to deliver reduced GHG emissions. ● Provide a rapid but orderly transition to buildings that do not use fossil fuels for major building energy needs such as space heating and hot water heating, by 2026. 41 Ithaca Energy Code Supplement 2025 - City of Ithaca 3 SECTION 201 SCOPE AND APPLICATION 201.1 Pursuant to section 11-109 of the New York State Energy Law, and subject to the provisions and requirements of that section, the City 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). This energy code supplement provides requirements that are in addition to the requirements of the 2025 Energy Conservation Construction Code of New York State (ECCCNYS). This chapter shall be enforced in addition to the ECCCNYS. If any requirement of the IECS 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 IECS shall be followed to the greatest extent possible while meeting any more stringent requirements of the ECCCNYS. SECTION 202 APPLICABILITY 202.1 Applicability Beginning on January 1, 2026, all new buildings (not including additions) shall be constructed to have net-zero GHG emissions and shall not use FOSSIL FUELS. The requirements of this Ithaca Energy Code Supplement shall apply to the following construction: 1) Commercial Buildings 2) Residential Buildings 3) Mixed Use Buildings 202.2 Exceptions The requirements of the IECS shall not apply to the following: 1) Manufactured homes used as dwelling units, 2) Agricultural buildings used solely for agricultural purposes. 3) A building or part of a building that is used as a critical infrastructure, 4) A building or part of a building that is used as a hospital or other medical facility; or 5) For generation of emergency back-up power or standby power. 6) Historic buildings. Compliance with the provisions of the IECS shall not be required for character-defining features of historic buildings where a historic building report, prepared in accordance with the ECCCNYS, has been submitted and approved by the building official 42 Ithaca Energy Code Supplement 2025 - City of Ithaca 4 The requirements of the IECS shall not apply to construction that does not include conditioned space. Existing buildings are exempt from the requirements of the IECS – Amendment No. 3 but shall comply with applicable provisions of the ECCCNYS. 202.3 Compliance Commercial Buildings Commercial Buildings shall comply with the requirements of Appendix CC of the New York State Energy Conservation Construction Code. Appendix CC is provided in the adopted version of the ECCCNYS and is attached to this supplement and incorporated herein as Exhibit 1. Residential Buildings Residential Buildings shall comply with the requirements of Appendix RC of the New York State Energy Conservation Construction Code. Appendix RC is provided in the adopted version of the ECCCNYS and is attached to this supplement and incorporated herein as Exhibit 2. Mixed Use Buildings Mixed-Use Buildings shall follow the procedures outlined in the ECCCNYS to determine which parts of the building must comply with Appendix CC and Appendix RC. 202.4 Other Laws and Regulations. Any project or construction subject to the provisions of the IECS must comply with applicable provisions of the New York State Uniform Code, the New York State Energy Code, and other local, state or federal laws, statutes, rules, regulations and ordinances. All electrical systems and equipment shall be installed to meet the standards of the National Electric Code in effect at the time of application for a building or electrical permit. 43 Ithaca Energy Code Supplement 2025 - City of Ithaca 5 SECTION 301 DEFINITIONS 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. Where the terms “International Energy Conservation Code” or “this code” are identified in Appendices CC and RC of the ECCCNYS, they shall mean the Energy Conservation Construction Code of New York State. SECTION 302 GENERAL DEFINITIONS 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 IECS, 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. 44 Ithaca Energy Code Supplement 2025 - City of Ithaca 6 SECTION 401 COMPLIANCE, ENFORCEMENT AND APPEALS 1) Non-compliance with the Ithaca Energy Code Supplement may result in a Code Enforcement Officer withholding a Certificate of Occupancy or imposing any other enforcement measure or penalty specified in Ithaca City Code Section 146-59. 2) Appeals: The appeals process is set forth in Chapter 146 Article VII of the Ithaca City Code entitled “Ithaca Energy Code.” 3) If any section, paragraph, or provision of this IECS shall be determined to be invalid, such invalidity shall apply only to the section, paragraph or provision adjudged invalid, and the rest of the IECS shall remain valid and effective. 45 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Fire Department Christine Ibert, TO:Common Council FROM:Mike Moody, Ithaca Fire Dept Chief DATE:June 10, 2026 RE:Proposed Legislation: Vacant Building Registry ITEM #:4.1 MEMORANDUM Proposed amendment to the City Code to incorporate a vacant building registry. Given the high safety concerns around vacant buildings and the City's interest in both mitigating these concerns and encouraging active use of property -- this legislation requires registration and annual inspections of vacant buildings, along with an escalating fee for the inspections for each year they remain vacant. It is modeled after successful legislation in Auburn, NY. ATTACHMENTS: Memo-Vacant Building Ordinance.pdf Ordinance-Vacant Building.pdf Resolution Fee Structure Chapter 181.pdf 46 M E M O R A N D U M Date: June 1, 2026 To: Common Council From: Catherine Muskin, Assistant City Attorney RE: Proposed Addition to Chapter 181, Article II of Fire Prevention Code EXECUTIVE SUMMARY The City Attorney’s Office recommends an update to the section of the City Code related to fire prevention (Chapter 181), to add provisions related to the registry and inspection of vacant buildings. The proposed legislation mirrors that which is currently implemented in the City of Auburn, NY. Endorsed by City Fire Marshal Shepherd, this legislation aims to remedy the unsafe conditions that vacant buildings present, and to encourage rehabilitation of these buildings through maintenance, inspections, and penalties for offenses. PROJECT HISTORY, BACKGROUND, & ANALYSIS Within the City, there are numerous vacant buildings that have lacked occupants for a significant amount of time. According to a 2018 report1 from the Federal Emergency Management Administration and the U.S. Fire Administration, vacant buildings “are inherently more dangerous than occupied properties.” The same report notes that vacant properties carry with them the following hazards to personnel responding to those structures, “Unstable structure, unprotected holes or shafts, fall and trip hazards, standing water in basements, vermin and potentially dangerous animals, hazardous materials abandoned on the property, unauthorized occupants, and ongoing criminal activity in, or adjacent to, the property.” The drafted ordinance is appended to this memorandum. It is proposed to be added to the existing Chapter 181, Fire Prevention, as a new Article III, Vacant Building Registry. Proposed language for the City’s ordinance is modeled after that which exists in the City of Auburn at Chapter 183,2 adopted in May 2013 and not amended in the interim. The City’s Fire Marshal Rob Shepherd drafted the following rationale around the registry: Vacant buildings pose a risk to the community by increasing fire risk, structural collapse risk, and providing areas where lawless behavior can take place in 1 “Basic Evaluation Procedures for Vacant Buildings,” Federal Emergency Management Administration, located online at https://www.usfa.fema.gov/downloads/pdf/publications/basic-evaluation-procedures-for- vacant-buildings.pdf. 2 See “City of Auburn Code,” at Chapter 183, “Vacant Building Registry,” located online at https://ecode360.com/28666876. 47 addition to being unsightly. The City of Binghamton experienced a tragic event last year where a fire in a vacant building took the life of one of the city's firefighters during fire suppression operations. Currently, our city can conduct inspections of vacant structures but does not have a formal program for tracking them or inspecting them. Our current building inspection program relies heavily on the property owners or tenants to arrange for inspections; leading vacant buildings being missed on inspection schedules. Fire Marshal Shepherd further defined his vision, which was created in consultation with Senior Code Inspector Josh Webster and Fire Prevention Bureau firefighter Alex Vandemark: Establish in city code a vacant building registry [within which] property owners are required to register their structure [] if it becomes vacant. This registry will define vacant structures, the mandatory precautions that must be taken to secure the structures, the inspection schedule, and the legal authority for the city to establish fee structures to cover the administrative costs of the vacant building registry and the inspections. The program will include a fee structure that will increase each year when the structure remains vacant, encouraging property owners to rehabilitate their property and improve community safety. This policy change will increase the oversight of vacant buildings by providing the city means to mandate registration and inspection on a set schedule, improving efficiency of the program and increase safety of the community. POLICY ALIGNMENT STATEMENT The draft legislation builds on Council’s proposed investment in the Fire Prevention Bureau by providing the Bureau with the legislative framework to encourage investment in vacant properties and improve fire safety amidst a desire for expansion in the housing market. It therefore reinforces Council’s legislative priority of “Public Safety” by expanding the tools the Fire Prevention Bureau has at its disposal, “strengthen[ing] coordination and communication . . . to ensure effective, equitable, and timely emergency responses.” The draft legislation additionally meets the Council’s September 2025 Economic and Community Development priority by encouraging productive and safe land use, deterring illicit activity in vacant buildings and providing commerce and/or residential opportunities to those in the City. Similarly, this legislation aligns with Common Council’s March 2026 directive to the Acting City Manager to, “Emphasize community engagement, alignment with housing and transportation initiatives, and identification of near-term public actions that can catalyze private and nonprofit investment,” by directly encouraging development of vacant property through an escalating fee structure. BUDGET IMPLICATIONS & FUNDING The proposed amendment is budget neutral: No additional positions are required, as the Fire Prevention Bureau will continue to address these inspections. Occupied buildings have the 48 potential to generate increased sales tax revenue and provide a boost to the local economy and tourism. They also discourage absentee landlords, who may hold onto building ownership remotely over long periods of time. Because the proposed legislation requires increased inspection fees over the length of time a building remains vacant, it is intended that property owners will be encouraged to promptly rehabilitate and occupy their properties. NEXT STEPS Common Council has three potential paths forward: • Approve the attached ordinance to effectuate an update to the Code, and thereafter consider a resolution to adopt a fee structure, commensurate with costs of the new vacant building registry. • Direct the City Manager to ask the City Attorney’s Office to revisit the recommended language to reflect a different articulated policy goal. • Do nothing. For the reasons discussed above, the City Attorney’s Office advises that Common Council pursues option 1. The revision will provide the City with an updated registry of vacant buildings and a mechanism to inspect them in order to (a) minimize the likelihood of dangerous responses for the Fire Department and the likelihood of tragedy, and (b) encourage development and occupancy in the City. 49 Appendix: Proposed Ordinance An Ordinance Amending Ithaca City Code Chapter 181, “Fire Prevention” WHEREAS, the large number of vacant buildings in the City pose a risk for safety for first responders, a place for illicit activity, and take up an opportunity for growth and investment in the downtown area; and WHEREAS, other cities in New York State have implemented a vacant building registry with a tiered fee structure to encourage prompt remediation and habilitation of vacant buildings; and WHEREAS, the Common Council of the City of Ithaca desires to amend Chapter 181 of the Ithaca City Code to include a vacant building registry in order to promote safety, and economic development; now, therefore ORDINANCE 2026-__ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative findings, intent, and purpose. The City of Ithaca Common Council (“Common Council”) finds that vacant buildings are unsightly, unsafe, have a negative impact on the community, and pose a disproportionate risk to the community’s safety. Many buildings, once vacant, remain that way for years. The purpose of this article is to establish a program for identifying and registering vacant buildings, to outline responsibilities of the owners of vacant buildings, and to encourage the prompt rehabilitation and occupancy of vacant buildings. Section 2. Amendments to Chapter 181 of the Ithaca City Code The following portions of Chapter 181 of the Ithaca City Code are hereby amended as follows: 1 There shall be a new Article III, entitled, “Vacant Building Registry of the City of Ithaca, NY,” numbered as set forth below. § 181-24. Title. This chapter shall be known and referred to as the “Vacant Building Registry of the City of Ithaca, New York.” § 181-25. Legislative findings and purpose. The City of Ithaca Common Council (“Common Council”) finds that vacant buildings are unsightly, unsafe, have a negative impact on the community, and pose a disproportionate risk to the community’s safety. Many buildings, once vacant, remain that way for years. The purpose of this article is to establish a program for identifying and registering vacant buildings, to outline responsibilities of the owners of vacant buildings, and to encourage the 50 prompt rehabilitation and occupancy of vacant buildings. § 181-26. Definitions. Unless otherwise expressly stated, the following terms will, for the purpose of this article, have the meanings indicated in this section: Emergency situation: description of resulting circumstances when the condition of a building, structure, or any part thereof is an imminent, immediate, and substantial danger to the health or safety of occupants, emergency responders, and/or the public. Such conditions include, but are not limited to, fire hazards, falling or dilapidated buildings, structures, or any part thereof, loss of significant water, heat, ventilation, or a lack of sanitary conditions. Enforcement officer: any City of Ithaca employee of the Building Division or Ithaca Fire Department, or designated persons from those offices, serving in a capacity to enforce the New York State Uniform Fire Prevention and Building Code (the Uniform Code) within the City of Ithaca as specified by § 146 or § 181 of the City Code. Owner: the person(s) or entity of public record; those identified as the owner(s) on a vacant building registration form and those indicated as grantee(s) of public record. Any such person will have joint and several obligations for compliance with the provisions of this article. The singular “Owner” term encompasses multiple owners or subsequent multiple owners, when referred to in this article. Secured by other than normal means: a building secured by means other than those used in the design and approved plans for the building. Unoccupied: a building or portion thereof which lacks the habitual presence of person(s) with a legal right to be on the premises, including buildings ordered vacated by an enforcement officer. In determining whether a building is unoccupied, the enforcement officer may consider these factors, among others: (a) whether lawful residential or business activity has ceased; (b) the percentage of the overall square footage of the occupied to unoccupied space or the overall number of occupied and unoccupied units in the building; (c) if the building is substantially devoid of contents or the minimal value of fixtures or personal property in the building; (d) if the building lacks utility services; (e) if the building is subject to a foreclosure action; (f) the duration of the building’s vacancy; and/or (g) any presence or reoccurrence of code violations. Unsecured: a building or portion of a building which is open to entry by unauthorized persons without the use of tools or ladders. Vacant building: a building, a portion of a building, or a structure which is any one or more of the following: (a) unoccupied and unsecured; (b) unoccupied and secured by other than normal means; (c) unoccupied and an unsafe building as determined by an enforcement officer; (d) unoccupied and an enforcement officer has issued an order to remedy code violations; (e) illegally occupied; or (f) unoccupied for a period of time beyond one (1) year. 51 § 181-27. Vacant building registration. A. Requirement to Register. (1) The owner of a vacant building must register with the Fire Marshal no later than thirty (30) days after their building becomes a vacant building, as defined in this article. (2) The owner of a vacant building must register with the Fire Marshal not later than thirty (30) days after being notified by an enforcement officer of the requirement to register. An enforcement officer may identify vacant buildings through their routine inspection process as well as through notification by residents, neighborhood associations, and other community groups that a building may be eligible for inclusion on the registry. B. Service of Notice to Register. Notice of the requirement to register will be served upon, or sent by mail to, the vacant building’s owner and any registered property manager, and to the property address. Notice will be deemed received by the owner, property manager, or an occupant, as the case may be, upon personal delivery or the passage of three (3) days in Tompkins County or five (5) days for other locations after service by first-class mail. The City may also post notices on the City’s website to provide additional notice to the public; however, the City’s failure to post such violations on its website must not constitute a defense to any enforcement proceeding or collection of fines. C. As part of the notice to register, the enforcement officer may provide the owner with a written referral to the Department of Planning and Development for information outlining programs available which may be useful to implement a rehabilitation plan, if applicable and feasible in the judgment of the Department’s designee. D. The registration will be submitted on forms provided by the Fire Marshal’s office and will include the following information. Note that when address is specified in this subsection, a street address must be included (rather than a P.O. box): (1) A description of the premises to include: square footage, number of stories, building age, and most recent use of the building. (2) The names, street addresses, and telephone numbers of the owner(s); if the owner is a corporation, limited liability company or partnership, the address for each director, manager, or partner, as the case may be. (3) If the owner does not reside in Tompkins County or any adjoining New York county, the name and street address of the registered property manager, registration of rental housing units; certificates of compliance. (4) The names and addresses of all known lien holders and all other parties with an ownership interest in the building. (5) A name, street address, and telephone number of a responsible natural person (not a corporation, partnership, or limited liability company) who can be reached at all times during business and nonbusiness hours. (6) A vacant building plan as described in subsection E of this article. E. The owner will submit a vacant building compliance plan which must meet the approval of the Fire Marshal’s office. The plan, at a minimum, must contain information from one of the following three proposals for the property: (1) If the building is to be demolished, a demolition plan indicating the proposed time frame for demolition; (2) If the building is to remain vacant, a compliance plan for the securing of the building in accordance with standards provided below, along with the procedure that will be 52 used to maintain the property, and a statement of why the building will be left vacant; or (3) If the building is to be returned to appropriate occupancy or use, rehabilitation plans for the building must be submitted to the Fire Marshal. The rehabilitation plans will not exceed three hundred sixty-five (365) days from the date of submission and will include progress benchmarks at least every four months, unless the Fire Marshal grants an extension for good cause shown, upon receipt of a written statement from the owner(s) detailing the reasons for the extension. Any repairs, improvements or alterations to the property must comply with any applicable zoning, housing, historic preservation or building codes, including but not limited to applying for a building permit for any proposed alterations necessary to achieve compliance. The building must be secured in accordance with the related provisions of the Ithaca City Code. F. The owner will comply with all applicable laws and codes. The owner will notify the Fire Marshal of any changes in information supplied as part of the vacant building registration within thirty (30) days of the change. If the plan or timetable for the vacant building is revised in any way, the revisions must be in writing and must meet the approval of the enforcement officer. G. The owner and any subsequent owner will keep the building secured and safe and the building and grounds properly maintained as provided in Chapter 178 of the Ithaca City Code and any other applicable provision of the Code. H. Failure of the owner or subsequent owner to maintain the building and premises as required herein will be grounds for the City: (1) To remediate the building and bill the costs of same to the owner as provided in § 178-7 of the Ithaca City Code; (2) To revoke the rehabilitation plans; and (3) The owner will be subject to fees and penalties as provided herein. I. The owner will notify the Fire Marshal of any transfer of ownership within fifteen (15) days of transfer. The new owner will comply with the approved plan and timetable submitted by the previous owner until any proposed changes are submitted and approved by the Fire Marshal. J. Vacant building registration fees. (1) The owner of a vacant building will pay a registration fee as determined annually by the fee schedule adopted by Common Council or by separate resolution of the Common Council at any time during the course of a fiscal year. The registration fee is due and payable upon registration; to wit: no later than thirty (30) days after any building becomes a “vacant building,” as defined above, or no later than thirty (30) days after being notified by an enforcement officer of the requirement to register. (2) If the building is to remain vacant, then the owner will also pay an annual vacant building fee. The amount of said fee shall be determined annually pursuant to the fee schedule adopted by the Common Council or by separate resolution of the Common Council. Said fee schedule shall provide for differing amounts dependent upon the number of years that the building has been continuously vacant. (3) If the building is to be returned to a permitted use, the rehabilitation plan will not exceed three hundred sixty-five (365) days and will include progress benchmarks at least every four (4) months, unless the enforcement officer grants an extension for good cause shown upon receipt of a written statement from the owner detailing the 53 reasons for the extension. If the rehabilitation has not been completed or extended, then the owner will pay an annual vacant building fee until the building is properly demolished or rehabilitated. The annual vacant building fee is payable either on each anniversary of the payment of the initial registration fee in Subsection J(1) above or no later than fifteen (15) days after being notified by an enforcement officer that the owner has failed to meet a required benchmark, whichever date is earlier, and on each anniversary thereafter until the building is demolished or rehabilitated. (4) If the owner of a vacant building fails to register and pay the fees in a timely manner, then the owner will be subject to the penalty set forth in § 183-9 of the Ithaca City Code. (5) All delinquent fees will be paid by the owner prior to any transfer of an ownership interest in any vacant building. The owner must give a purchaser written notice that the building in question is a vacant building under this section. (6) The vacant building registration fees and annual vacant building fees as set forth in the annual fee schedule or by separate resolution are to be delivered, by mail or in person, to the Fire Marshal, Ithaca Fire Department Headquarters, 310 W. Green Street, Ithaca, New York, 14850. A late charge of 2% per month, or any part thereof, will be assessed on any invoice which is unpaid after thirty (30) days from the date of the demand for payment or an invoice, unless exempted by the City Controller upon request by the Fire Marshal for good cause shown. A processing fee will be charged for each check returned by the bank due to insufficient funds or other reason. A replacement payment must be made in cash, money order, or bank or certified check and must include the processing fee and any applicable late charges. Invoices and any additional fees that remain unpaid will be added to the owner’s tax bill and will include an additional fee. K. The Director of Code Enforcement/Fire Marshal’s office will include in the vacant building registration file any property-specific written statements from community organizations, other interested parties or citizens regarding the history, problems, status or blighting influence of a vacant building. § 181-28. Maintenance. A. The owner of a vacant building will take such steps and perform such acts as may be required of them by the City from time to time to ensure that the building and its grounds remain safe and secure and do not present a hazard to the adjoining property or the public. Owners will be responsible for maintaining their buildings and structures so that they do not become an unoccupied hazard. In any building or floor area that is vacant or about to become vacant, there must be at least one access which meets the approval of the enforcement officer. B. The owner will protect and maintain the exterior of the building as follows: (1) Exterior walls, including foundations, will be maintained so that water does not penetrate into basements, cellars, or other interior areas. All exterior walls and foundations must be free of holes and crevices. (2) Exterior doors, windows, skylights and similar openings will be maintained weathertight. (3) Exterior stairs, porches, entrance platforms, fire escapes and the railings thereon shall be maintained in a safe and sound condition. (4) Roofs must be maintained in a weathertight condition. 54 (5) Exterior surfaces shall be maintained in good condition. Surfaces not inherently resistant to deterioration shall be treated with a protective coating of paint or other suitable preservative. (6) The coverings for windows and doors with glass may not consist of any substance sprayed onto the glass doors or windows. All enclosures shall be properly fitted and be of such material and surface that they are neither unsightly nor will materially detract from the general appearance of the building or the neighborhood and, when possible, secured by normal means. (7) The covering for broken doors and cracked or broken windows may consist of replacement glass, plexiglass, boards, plywood or similar materials finished and maintained in a manner recommended and approved by the enforcement officer. The materials will be designed and of such color to blend in with the finish of the building. (8) Windows that are not cracked or broken may be covered with interior blinds, curtains, shades, or decorative paper. (9) The premises will be kept free of insects and vermin and will be treated if necessary. (10) Any excavations, swimming pools, or other attractive nuisances must be filled in or properly closed. C. In addition to the standards prescribed above, vacant commercial and retail buildings shall comply with the following standards: (1) All first-floor windows will be replaced by glass, plexiglass, an approved mural, or an announcement sign. Such coverings must be maintained. (2) All exterior signs, awnings and lighting systems, if not removed, shall be maintained in a nondeteriorated and safe condition. D. The owner will protect and maintain the interior of the building as follows: (1) Structural members will be maintained to resist and prevent deterioration. (2) Unheated attics, spaces below flat roofs, and crawl spaces will be ventilated to minimize deterioration. (3) Ceilings, walls, floors and stairways will be maintained in a safe and sound condition. E. The owner will maintain the premises as follows: (1) The owner will not permit garbage and refuse to accumulate. (2) Buildings and structures will be maintained free of insects, vermin and rodent harborage and infestation. (3) Refrigerators and similar equipment with locking mechanisms will not be discarded, abandoned or stored without first removing the locking devices or the hinges of the doors. (4) Junked vehicles will not be stored at the premises. (5) Chimneys, smokestacks, flues, gas vents, smoke pipes and connectors will be maintained structurally safe and smoketight. (6) If the building is to be demolished or remain vacant, then, within ten (10) days of registering the building as a vacant building, all fuel gas, water, and utilities must be disconnected at the mains and water pipes drained. If the building is going to be rehabilitated, then the building must be heated to avoid freezing pipes, fuel gas pipe systems must be maintained gastight, in a safe and operative condition, and water pipes must be maintained to avoid leaks and/or breakage. (7) Fuel tanks will be maintained so as not to be a hazard or will be discontinued 55 in a manner consistent with Chapter C of the State Uniform Fire Prevention and Building Code (9 NYCRR). (8) The domestic water supply system of the building will be connected to an approved source, will not be subject to contamination and will not be connected to unsafe water supplies, or the system will be disconnected at the main and completely drained. (9) Stormwater drainage systems will be maintained so as to function properly and be kept free from obstructions, leaks and defects. Sewage systems will be similarly maintained or will be sealed so as to prevent accumulation of sewage gases in buildings. (10) Electrical fixtures, devices, wiring and systems will be maintained in safe working condition in a manner which will avoid a potential source of ignition or shock, or service will be discontinued at the supply. (11) Elevators, dumbwaiters and escalators will be maintained or taken out of service. (12) The owner will provide for snow removal. (13) The owner will maintain yards and vacant lots trimmed and mowed, with the height of grass and weeds being no more than 10 inches, and clean and free of physical hazards, rodent harborage and infestation. F. Whenever the owner of a vacant building fails to comply with a notice from a code enforcement officer to take steps and perform acts as are required of him or her to ensure that a building and its adjoining yards remain safe and secure and do not present a hazard to adjoining property in violation of Subsection B above, the City Department of Public Works, or their designees, may enter onto the building and the property and take steps and perform acts to render the building and its adjoining yards safe, secure and free from hazards to adjoining property and the public. These acts will include but not be limited to removal of dangerous conditions, properly replacing or boarding up windows and doors, shutting off utilities, capping plumbing to prevent leakage of water or sewer gas, or removing flammable or otherwise hazardous material and debris. A bill for the expenses incurred above will be presented to the owners of the building. § 181-29. Exemptions. A building which has suffered fire damage or damage caused by extreme weather conditions will be exempt from the registration requirement for a period of 90 days after the date of the fire or extreme weather event if the property owner submits a request for exemption in writing to the Fire Marshal’s office. This request will include the following information supplied by the owner: (a) A description of the premises; (b) The reason for an exemption; (c) The names and addresses of the owner or owners. A post office box is not acceptable; (d) A statement of intent to repair and reoccupy the building in an expedient manner or the intent to demolish the building. § 181-30. Inspections. By registering a vacant building, an owner consents to an enforcement officer inspecting the premises for the purpose of enforcing and assuring compliance with the provisions of this chapter. Upon the request of the enforcement officer, an owner will provide access to all interior portions of a vacant building to permit a complete inspection. Nothing contained herein, however, will diminish the owner’s right to insist upon the procurement of a search warrant from a court of competent jurisdiction by the enforcement officer or their designee in 56 order to enable such inspection, and the enforcement officer will be required to obtain a search warrant whenever an owner refuses to permit a warrantless inspection of the premises after having been advised of their constitutional right to refuse entry without same. In the case of an emergency, this section will not apply. Prior to any inspection, the City will provide forty-eight (48)-hour written notice to owner, unless otherwise agreed to by the building’s owner. § 181-31. Annual reports. Once a year, the Building Division and Fire Chief’s office will send to the City Manager and to the Common Council a list of all buildings in the City declared vacant under the provisions of this chapter, as well as a list of all previously declared vacant buildings which are no longer subject to the provisions of this chapter. This information may be published on the City’s website. § 181-32. Penalties for offenses. Any person violating any provision of this vacant building registry or providing false information to the enforcement officer will be subject to the following fines: A. For violations of section 181-27, the penalty shall be $100 per day in which the owner failed to register. B. For all other violations of this article, the owner will be subject to a fine of $1,000 per violation per day, with only one violation being levied per building per day. C. The term “person” as used in this section, will include the owner, occupant, mortgagee or vendee in possession, assignee of rents, receiver, executor, administrator, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of the building or part thereof. D. Each day of violation will be deemed to constitute a separate offense. E. Fines levied will constitute civil forfeitures to the City of Ithaca. Section 3. Severability Clause Severability is intended throughout and within the provisions of this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Ordinance. Section 4. Effective Date This ordinance shall take effect on August 1, 2026, and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 57 RESOLUTION TO ADOPT A FEE STRUCTURE PURSUANT TO CHAPTER 181 OF THE CITY CODE FOR THE VACANT BUILDING REGISTRY WHEREAS, on [date], 2026, the Ithaca Common Council adopted a resolution to amend Chapter 181 of the City Code, adding a vacant building registry, overseen by the Fire Prevention Bureau (the “Ordinance”); and WHEREAS, the Ordinance contemplates a graduated fee structure adopted by Ithaca Common Council for vacant building inspections; and WHEREAS, the Ordinance is effective August 1, 2026; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS; 1.The annually assessed fee structure listed below is approved by Common Council for August 1, 2026, through July 31, 2027(or until otherwise modified by resolution); and 2.The Ithaca Common Council finds this fee structure has rough proportionality to what it costs to operate the vacant building structure, therefore warranting these sums. Vacant Building Size/Type Year One Year Two Year Three and later 1-2 Unit Residential 3-6 Unit Residential 7+ Unit Residential Non-Residential Commercial $1,000 or $0.05 per $2,000 or $0.10 per $4,000 or $0.20 58 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Planning and Development Shaniqua Lewis, Deputy City Clerk TO:Common Council FROM:Maura Baldiga DATE:June 10, 2026 RE:Planned Unit Development Application for 139-157 Chestnut Street ITEM #:6.1 MEMORANDUM The City of Ithaca has received an application for a PUD at 139-157 Chestnut Street. The applicant will present the project to Common Council. ATTACHMENTS: 26-06-10 PUD Common Council Packet (3).pdf 59 1 | P a g e Billy, TO: Common Council FROM: Lisa Nicholas, Director of Planning & Development and Maura Baldiga, Senior Planner DATE: May 28, 2026 RE: Planned Unit Development Application for 139-157 Chestnut Street On May 27, 2026, the City of Ithaca received the enclosed application from Whispering Woods Ithaca LLC, Holt Architects, Whitham Planning & Design, and T. G. Miller, for a Planned Unit Development (PUD) project, called the Elm Street Apartments, to be located at 139-157 Chestnut Street. According to §325-12 Planned unit developments (PUD), properties may apply to the Common Council for consideration to establish a PUD to permit uses not explicitly allowed by the underlying zoning if they offer communitywide benefits. The PUD legislation states that the Common Council will consider the application for any PUD on the following criteria, among others: 1. Does the project further the health and welfare of the community? 2. Is the project in accordance with the City Comprehensive Plan? 3. Does the project create at least one significant long-term community benefit? The proposed Elm Street Apartments provide additional multifamily housing opportunities. The project will be composed of four walk-up style multifamily buildings. Each building will have an approximate footprint of 4,000 SF and have three stories. Each building contains twelve dwelling units comprised of two studios, four one-bedroom units, and six two-bedroom units. This property is located in an R-2a zoning district. The project is requesting one change to the R- 2a zoning, namely that multifamily residences are added to the list of permitted primary uses, in addition to all other uses currently allowed in R-2a districts. The project teams notes that this will bring the site’s zoning in line with Plan Ithaca’s Future Land Use Map which identifies the site for Medium-Density Residential Use. The proposed project achieves a residential density exceeding 15 units per acre, which aligns with the City of Ithaca’s Policy Priorities for Executive Administration 2026. The proposal includes the following elements: • Subdivision of current property at 139-57 Chestnut Street; the southern portion of the property will become the new Elm Street Apartments • Four three-story walk up buildings with a total of 48 units • Surface parking and circulation • Cliff Park Brook as an organizing element • Energy efficient building design that makes effective use of natural light CITY OF ITHACA 108 E. Green St. — Third Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING AND DEVELOPMENT Lisa Nicholas, Director Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565 E-Mail: dgrunder@cityofithaca.org 60 2 | P a g e • Site design prioritizing preservation of existing vegetation and natural features with disturbed areas restored • Location with access to public transportation and proximity to Downtown Ithaca The applicant notes the following potential community benefits resulting from this project: • Infill development that reduces reliance on personal vehicles by enabling residents to access employment, school, and daily needs through walking, biking, and transit • Additional housing that limits outward growth pressures that contribute to increased regional commuting distances and traffic congestion • Preservation and potential enhancement of community recreation resources (the site prioritizes retention of natural features, including the corridor defined by Cliff Park Brook) • Playground that would serve residents and the public • Provision of 48 new multifamily dwelling units contributing to the City’s housing supply in a segment identified as being in high demand • Potential subdivision and conveyance of the land closest to Lehman Alternative Community School to support expanded outdoor recreation and education space; alternatively, the applicant would be open to collaborating with the City on other community-oriented uses The application has been reviewed by staff for completeness and has been found to be satisfactorily complete for distribution and review. If the Common Council is in agreement, this application will be circulated for comments and a public information session will be held on June 25, 2026 in accordance with the PUD requirements. If you have questions or require additional information, please feel free to contact us. 61 PLANNED UNITDEVELOPMENT ) ALI AI05--202 Elm Street ApartmentV 139–57 Chestnut Street, Ithaca, NY, 14850 62 OR A HRIZA I R 63 64 APPLICATION R 65 (by check) A flat fee of $5,000.00 is due upon application to cover advertising costs and staff processing time. Half of the fee will be credited towards the site plan review application fee. The PUD is a zoning tool intended to encourage mixed-use or unique single use projects that require more creative and imaginative design of land development than is possible under standard zoning district regulations. A PUD allows for flexibility in planning and design, while ensuring efficient investment in public improvements, environmental sensitivity, and protection of community character. A proposed PUD must: Be within the defined Planned Unit Development Overlay District. (PUDOD) Provide long-term community benefits. Further the health and welfare of the community. Protect or enhance community character. Align with Plan Ithaca A complete PUD Application includes: This completed form (i-v) Owner authorization form (i) Zoning comparison chart (vi) 2 or more drawings (vii) Written descriptions (vii): Project narrative Health and welfare Character Plan Ithaca alignment Benefits description (viii) Fee Application to be digitally submitted to: Lisa Nicholas, Director, Dept of Planning and Development lnicholas@cityofithaca.org. Please deliver fee to Planning & Development, City Hall 3rd Floor. 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MINIMUM LOT SIZE MAXIMUM BUILDING HEIGHT (See: §325-16) MAXIMUM PERCENT LOT COVERAGE BY BUILDING FRONT SIDE YARD YARD DIMENSIONS (See: §325-18, 325-19) REAR MINIMUM BUILDING HEIGHT (in feet)Area in Square Feet Width in Feet at Street Line Number of Stories Height in Feet Required Minimum One Side at Least Other Side at Least Percent of depth or number of feet, whichever is less Use the following template to provide a comparison of the existing and proposed zoning: VI.ZONING COMPARISON CHART ElmStreet,IthacaNY14850 R2-a district, see zoning requirement ch Same as R2a with the addition of multifamily residential R2-a district, see zoning require Same as R2a 1 per dwelling unit (so long as the number of beds is less than 4) - See R2a 1 per dwelling unit (the number of beds per unit proposed is less than 4) - Same as R2a No requirements listed No requirements listed N/A 5,000 45' N/A 5,000 45' MAX3 MAX 3 MAX35' MAX 35 MAX30% MAX 30% MIN25' MIN 25' MIN10' MIN 10' MIN10' MIN 10' MIN50' MIN 50' No require- ments No require- ments 4/10/2026 72 PROJECT NARRATIVE 73 Planned Unit Developmen Elm Street Apartmen ProjectNarrative 5/27/2026 ProjectDescription Location The Elm Street Apartments project is located at 139–57 Chestnut Street in the City of Ithaca, with frontage extending to Elm Street. The proposal subdivides the undeveloped southern portion of the Whispering Woods of Ithaca property to create a new multifamily residential site. Surrounding properties include the existing Whispering Woods apartments to the north, the Lehman Alternative Community School to the west and south, and Elm Street and Hector Street along the eastern edge, with Cliff Park Brook bisecting the site and forming a natural boundary. Approach The project is designed to introduce four three-story walk-up buildings with a total of forty-eight units, including studio, one-bedroom, and two-bedroom apartments. Site design integrates surface parking and circulation while responding to the site’s topography and preserving existing natural features, with Cliff Park Brook serving as an organizing element. The project will largely comply with the existing R-2A zoning, however since Multifamily Residential uses are not allowed in R-2A, the project is seeking a zoning change through the City of Ithaca’s Planned Unit Development (PUD) process. This will bring the site’s zoning in line with the City’s “Plan Ithaca” Future Land Use Map(2015) which identifies the site for Medium-Density Residential use. The proposed project intends to meet the setbacks, building height, and all other area restrictions of the existing R-2A zoning. Parking will meet the R-2A requirement of 1 parking space per dwelling unit (where beds per unit is less than 4), providing 48 off-street parking spaces for 48 dwelling units (all of which are proposed to have less than 4 beds). The Planned Unit Development (PUD) approach allows for a coordinated multifamily housing layout that clusters development, preserves open space, and provides community benefits consistent with City goals. Density, Affordability, and Sustainability The project is intended to contribute to the supply of family-oriented housing in the City of Ithaca through an efficient and cost-conscious building approach. The use of compact building forms, repetitive layouts, and wood-frame construction supports economical development while providing a mix of unit types suited to a range of household needs, helping to reduce overall construction impacts. Sustainability is addressed through both architectural and landscape strategies. Buildings are designed to be energy efficient and make effective use of natural light, while durable, context- appropriate materials help reduce long-term maintenance demands. Site design prioritizes 74 Planned Unit Developmen Elm Street Apartmen preservation of existing vegetation and natural features, with disturbed areas restored using lawn, meadow grasses, and perennials, facilitating the preservation of existing vegetation and supporting stormwater management. Characterand benefit The project supports surrounding community by introducing scaled housing that responds to an identified need for family-oriented units in Ithacawhile providing uncompromised safety features. Site circulation is designed to be clear and functional, with a dedicated access drive that also serves as a fire access road, including appropriate turnaround to ensure safe and reliable emergency access. Buildings are designed in accordance with current life-safety standards, including sprinkler systems and compliant egress, contributing to a safe and resilient living environment. The project supports resident welfare by providing housing in a location with access to public transportation and proximity to Downtown Ithaca, allowing for convenient access to employment, services, and daily amenities. This location supports reduced reliance on personal vehicles and encourages more sustainable transportation options. The walkable context and connectivity to nearby destinations contribute to a more convenient and efficient lifestyle for residents while supporting broader community goals related to mobility and sustainability. The project is designed to improve overall site conditions and long-term environmental performance. New utility connections and stormwater management systems will address existing limitations of the undeveloped portion of the site, reducing runoff impacts and improving drainage in an area influenced by steep slopes and nearby waterways. The compact design also considers its relationship to adjacent uses, including nearby residential properties and the Lehman Alternative Community School, and seeks to minimize impacts while maintaining opportunities for shared community benefit. The architectural and site design are intended to be consistent with the character of the surrounding neighborhood. Building scale, form, and materials draw from typical residential patterns in the area, while the placement of buildings within the existing topography helps reduce visual impact. Retention of natural features and incorporation of new plantings further reinforce the existing landscape character, allowing the development to integrate with its surroundings while maintaining a cohesive and compatible residential environment. Policyalignment The subject parcel is identified within the Plan Ithaca Future Land Use Map(2015) as Medium- Density Residential. This land use category includes a mix of housing types such as one-family, two-family, and multifamily dwellings, with typical densities between approximately 10 and 20 dwelling units per acre. The Plan notes that these areas may accommodate infill development on vacant or underutilized sites, provided that suggested development is compatible with the surrounding neighborhood context. The project site consists of an undeveloped portion of an existing residential parcel and is proposed to be subdivided and developed with multifamily housing. The proposal introduces four residential buildings that are consistent with the range of housing types described within the Medium-Density Residential classification. 75 Planned Unit Developmen Elm Street Apartmen The parcel is also located within a Planned Unit Development (PUD) Overlay District, which allows for flexibility in site design and land use where a proposal demonstrates alignment with City planning objectives. Plan Ithaca identifies the need to expand housing opportunities within the City and recognizes that future growth will largely occur through redevelopment and infill within existing developed areas. The proposed development occurs within the City boundary, on land already associated with residential use, and contributes additional housing units within this framework, providing additional density and offer sustainable transit-oriented design for future residents. The proposed project achieves a residential density exceeding 15 units per acre, which aligns with the City of Ithaca’sCity Policy Priorities for Executive Administration 2026, emphasizing increased housing supply, compact urban development, and efficient land use. This density is consistent with guidance in local and regional planning documents that support residential development in the range of approximately 10–20 units per acre in serviced areas, and reflects the City’s ongoing effortsto support housing affordability, sustainability, and long-term growth. Conclusion The proposed Elm Street Apartments project represents a coordinated infill development within an existing residential setting, introducing new multifamily housing while responding to site constraints, surrounding uses, and neighborhood character. The project integrates building design, site planning, and landscape strategies to provide a functional and cohesive layout, while the Planned Unit Development framework allows for flexibility in achieving a balanced approach between development and preservation. Overall, the project aligns with the City’s land use framework and housing objectives by contributing to the local housing supply in a manner consistent with established development patterns. 76 SITE PLAN AND RENDERING 77 400' 410' 420'430'440'450'460'470'480'490'500'510'520'530' 400' 410' 420' 430' 440' 450' 460' 470' 480' 490' 500'510'520' 530' D1 ( A V E R A G E D E P T H F A C T O R ) 302 ' - 3 " D2 (A V E R A G E D E P T H F A C T O R ) 108' - 1 1 " AVE R A G E L O T D E P T H 205 ' - 7 " AVE R A G E L O T D E P T H 490' 490' 490' 480' 470' 480'490' 30' - 0 " 53' - 0 " 30' - 0 " 22' - 2 " FRO N T S E T B A C K 25' - 0 " REA R S E T B A C K 50' - 0 " FRO N T Y A R D 50' - 5 " REA R Y A R D 55' - 5 " SID E S E T B A C K 10' - 0 " SID E S E T B A C K 10' - 0 " SID E Y A R D 157 ' - 3 " SID E Y A R D 60 ' - 7 " OVE R H E A D U T I L I T Y OVE R H E A D U T I L I T Y ~50' STEAM SETBACK PLAYGROUND FENCE ~6' RETAINING WALLS ELM S T R E E T FL O R A L A V E N U E CH E S T N U T S T R E E T W ST A T E S T R E E T (RO U T E 7 9 ) CLIF F S T R E E T (RO U T E 9 6 ) PA R K R O A D LEHMAN ALTERNATIVE COMMUNITY SCHOOL WHISPERING WOODS AT ITHACA US ARMY RESERVE ETA PIZZA JUST BE CAUSE NOT-FOR-PROFIT DEVELOPMENT CENTER W SENECA STREET CA Y U G A I N L E T CA Y U G A I N L E T CLIFF PAR K B R O O K CLIFF PAR K B R O O K 12, 0 0 0 S F (4, 0 0 0 S F / S T O R Y ) FFE 4 7 0 ' 466' 466' 466' 466' 468' 468' 460' 458' 458' 458' 458' 458' 458'460' DUMPSTER 35' - 5 " 26' - 0 " 9' - 0 " T Y P 18' - 0 " T Y P 12,0 0 0 S F (4,0 0 0 S F / S T O R Y ) FFE 4 6 8 ' 12 , 0 0 0 S F (4 , 0 0 0 S F / S T O R Y ) FF E 4 6 8 ' 12,0 0 0 S F (4,0 0 0 S F / S T O R Y ) FFE 4 6 8 ' 20' - 0 " LOT W I D T H 649 ' - 9 " HOLTARCHITECTS Architecture | Planning | Interior Design p 607 273 7600 www.HOLT.com 1" = 60'-0" 05/28/2026 24010 AP100 ELM STREET APARTMENTS Elm Street, Ithaca NY 14850 WHISPERING WOODS ITHACA SITE PLAN & ZONING ANALYSIS 1" = 60'-0"A1 PROPOSED SITE PLAN 0' 15'60' 120'30' • • • • • • • EXISTING ADDRESS & TAX PARCEL NUMBER 139-57 CHESTNUT STREET, ITHACA NY 14850 500700-57.-2-2 PROPOSED SUBDIVISION ADDRESS ELM STREET, ITHACA NY 14850 DISTRICT R-2A (RESIDENTIAL) | PUD OVERLAY DISTRICT (PLANNED UNIT DEVELOPMENT) BUILDING DETAILS (4) 12,000 SF (2) STORY PLUS BASEMENT TYPE VB WALKUP BUILDINGS (12) DWELLING UNITS PER BUILDING [(6) TWO BED, (4) ONE BED, (2) STUDIOS] (48) TOTAL DWELLINGS ZONING ANALYSIS USE ACCESSORY USE OFF-STREET PARKING OFF-STREET LOADING LOT AREA LOT WIDTH NUMBER OF STORIES HEIGHT IN FEET % OF LOT COVERAGE FRONT YARD SIDE YARD OTHER SIDE YARD REAR YARD ALLOWED BY CURRENT ZONING NO MULTIFAMILY DWELLINGS OFF STREET PARKING 1 SPACE PER DWELLING (for the 1st (3) Beds) REQUIRED FOR STRUCTURES WITH >(25) DWELLINGS ≥6,000 SF (for other uses) ≥50' (for other uses) ≤ 3 Stories ≤35' ≤30% ≥25' ≥10' ≥10' ≥50' PROPOSED PUD ZONING MULTIFAMILY DWELLINGS ALLOWED OFF STREET PARKING 1 SPACE PER DWELLING (for the 1st (3) Beds) REQUIRED FOR STRUCTURES WITH >(25) DWELLINGS ≥6,000 SF (for other uses) ≥50' (for other uses) ≤ 3 Stories ≤35' ≤30% ≥25' ≥10' ≥10' ≥50' PROPOSED PROJECT CONDITIONS MULTIFAMILY DWELLINGS OFF STREET PARKING (48) SPACES FOR (48) DWELLINGS NONE REQUIRED NONE PROVIDED 135,974 SF 649'-9" 2 STORIES + BASEMENT 29' 11.8% 50'-5" 60'-7" 157'-3" 55'-5" 78 +2/7$5&+,7(&76 $UFKLWHFWXUH_3ODQQLQJ_,QWHULRU'HVLJQ SZZZ+2/7FRP      $3 (/0675((7$3$570(176 (OP6WUHHW,WKDFD1< :+,63(5,1*:22'6,7+$&$&217(;7(/(9$7,21        &217(;7(/(9$7,21 79 +2/7$5&+,7(&76 $UFKLWHFWXUH_3ODQQLQJ_,QWHULRU'HVLJQ SZZZ+2/7FRP      $3 (/0675((7$3$570(176 (OP6WUHHW,WKDFD1< :+,63(5,1*:22'6,7+$&$&217(;75(1'(5,1* 80 - IY I 81 Planned Unit Developmen Elm Street Apartmen Long-term Community Benefits 5/27/2026 A. Embracing Community-Focused Transportation Concepts The proposed Elm Street Apartments project is located within the City of Ithaca, in proximity to Downtown, public transit corridors, and established community services. This location supports a pattern of infill development that reduces reliance on personal vehicles by enabling residents to access employment, schools, and daily needs through walking, biking, and transit. By concentrating new multifamily housing within an existing residential area, the project helps limit outward growth pressures that would otherwise contribute to increased regional commuting distances and traffic congestion. The site’s adjacency to Lehman Alternative Community School and its connectivity to surrounding neighborhoods further reduce vehicle trip generation associated with school access and daily activities. Collectively, these factors support broader municipal goals of promoting sustainable mobility, reducing peak-hour traffic demand, and encouraging more efficient land use patterns. C. Greater Quantity and Quality of Community Recreation Amenities The project enhances community recreation opportunities through both preservation and potential enhancement of community recreation resources. The site design prioritizes the retention of natural features, including the corridor defined by Cliff Park Brook, and incorporates new landscape areas consisting of meadow plantings, lawns, and perennials. These elements contribute to passive recreational opportunities such as walking, nature observation, and informal gathering, improving access to high-quality green space for both residents and the surrounding neighborhood. A playground is proposed to provide residentsand the public with opportunities for recreation and relaxation. Importantly, the southern portion of the site—adjacent on two sides to Lehman Alternative Community School—presents a unique opportunity for enhanced community benefit. The applicant has expressed willingness to explore subdivision and potential conveyance of this land to support expanded outdoor recreation and educational space, or alternatively to collaborate with the City on other community-oriented uses. This flexible approach allows the project to meaningfully contribute to the quantity and quality of recreational amenities in a manner that aligns with community priorities. D. Greater Quality & Quantity of Housing The Elm Street Apartments project will introduce forty-eight (48) new multifamily dwelling units, directly contributing to the City’s housing supply in a segment identified as being in high demand. The mix of studio, one-bedroom, and two-bedroom units is designed to support a range of household types, with a particular emphasis on family-oriented housing. This diversification of housing options helps address documented needs within the local housing market while supporting a more inclusive residential community. Beyond increasing housing quantity, the project emphasizes quality through thoughtful architectural and site design. Buildings are oriented to take advantage of natural views and light, incorporate private balconies, and utilize durable, context-sensitive materials that reflect the 82 Planned Unit Developmen Elm Street Apartmen character of the surrounding neighborhood. The integration of life-safety systems, energy- conscious design strategies, and careful placement within the site’s topography contributes to a safe, comfortable, and resilient living environment. Together, these elements elevate the standard of new residential development while aligning with the City’s long-term housing and planning goals. 83      EA 84 85 86 87 ENVIRONMENTALLY SENSITIVE AREA RESEARCH DIAGRAM 88 ELM STREET APARTMENTS WHISPERING WOODS ITHACA Elm Street, Ithaca NY 14850 Tompkins County UNA Boundaries .This illustrates the relationship between the UNA-137 “Octopus Cliffs”area (light green)and exisitng parcel. Enlargement of the Plan Ithaca Future Land Use Map. Project site does not overlap with " Environmentally Sensitive"areas. Proposed project identified as Medium Density Residential. ENVIRONMENTALLY SENSITIVE AREA STUDY 89 PHOTOGRAPHY ON SITE 90 ELM STREET APARTMENTS WHISPERING WOODS ITHACA Elm Street,Ithaca NY 14850 Photo taken at exisitng staircase connecting to the site. PHOTOGRAPHY ON SITE 91 ELM STREET APARTMENTS WHISPERING WOODS ITHACA Elm Street,Ithaca NY 14850 Photo taken at existing curb cut on Elm Street. PHOTOGRAPHY ON SITE 92 Elm Street Project Combined PUD/SPR Sequence As of June 2026 Task Purpose/ Notes SPR/ SEQR Timeline Council PUD Timeline Common Council Special Topics Session Wednesday, June 10, 2026 Common Council Special Topics Session Meeting Review PUD zoning; Direct staff to circulate for comments Common Council Meeting Voting Meeting Wednesday, December 2, 2026 Planning Board Meeting #1 Tuesday, August 25, 2026 Planning Board Meeting #4 Tuesday, November 24, 2026 93 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 City Manager's Office Shaniqua Lewis, Deputy City Clerk TO:Common Council FROM:City Manager's Office DATE:June 10, 2026 RE:Capital Planning- 2027 Budget Kickoff ITEM #:7.1 MEMORANDUM Presentation to Common Council ATTACHMENTS: 2027 Budget Kickoff - Capital Planning.pdf 94 IthacaCity of 2027 Budget Kickof f - Capital Planning w w w.ci tyof i thacany.gov June 10, 2026 Presentation to Common Council 95 Core Principles Long Term Framework Project Types 2027 Planning Overview W hat’s Next? 5-Year Capi tal and Financial Planning Capi tal Planning The capital infrastructure built and maintained by local government is essential for a thriving community. GFOA recommends that governments prepare and adopt comprehensive, fiscally sustainable, and multi-year capital plans to ensure effective management of capital assets. From the Government Finance Officers Association: 96 5-Year Capital Planning - Core Principles A Rolling Basis For Accountability We’re Always in Year One Always looking ahead 5-years out Every capital project goes through phased consideration and planning Planning ahead keeps projects in the queue and limits new ideas jumping the line Only Commit to What we Can Afford Pressing need to free up financial resources in order to make new investments Right-sizing expectations to get/keep projects moving with achievable outcomes Make a plan and stick to it Making up-front investments will pay off down the line when a plan is in place Planning for our Shared Future Develop and implement a vision for the organization and community Grounded in sustainability and equity (Justice 50 Commitment) Workforce and community stand to benefit from capital investments Utilize financial and human resources strategically to maximize impact 97 5-Year Capital Planning for Long-Term Framework Projects with a clear need & funding source Prioritizes projects for: Health & Safety Needs Asset Preservation Active Contract/Construction Funding Deadlines Getting projects to “shovel-ready” Includes projects with: Defined Scope Clear Cost Estimates Designs in Place Adjustments for Inflation Lists Long-Range Projects Captures project detail on: Defining Purpose & Scope Financial Forecasting Establishing Reserves Tied to Asset Life Cycles 1year 2year 3-5years 98 5-Year Capital Planning - Project Types Facili ties Infrastructure Heavy Machiner y Buildings and amenities operated by the City including work spaces and community spaces. General public works including roads, bridges, water and sewer, and other assets generally not housed in a physical building. Complex machinery used for fire protection or infrastructure development / maintenance Separately consider software, IT infrastructure and planning efforts 99 Plan Element 2026 (Current Year)2027 (Year One) 2028 2029 2030 2031 (Year Five) Establish Credit Rating to Achieve Reduced Borrowing Rates Complete FY 2022 Audit Implement Interim Fund Balance Policy Complete FY 2023, 2024, and 2025 Audits Complete FY 2026 and 2027 Audits, Resulting in Up-to-Date Financial Status Complete FY 2028 Financial Audit Progess Toward Establishing Credit Rating Complete FY 2029 Audit Complete FY 2030 Audit Debt Repayment Strategy / Schedule Develop BAN Reimbursement / Conversion Strategy Plan for Strategic 2027 Debt Repayments Consider Strategic Real Estate Divestment Establish Capital Reserve Fund Debt Pay-Downs From Reimbursements and One- Time Funding Sources Prioritize Reimbursements for Debt Pay-Down Right-Size BAN Load Stabilize Bond Amount Continue BAN Conversion Strategy -- Facilities Capital Plan No New Approved Projects Make Facility Needs Decisions on IPD, Water Bldg., and Seneca Street Garage Establish 2027 Deferred Maintenance Scoring Criteria Begin to Address Deferred Maintenance and Security (Health/Safety) Make Facility Needs Decisions on Additional Facilities Continue Addressing Deferred Maintenance and Security Develop Capital Asset Management Plan Larger Facility Investments from 2026-27 Decisions Begin Master-Planning Exercise to fit Capital Planning to Community & Organizational Growth Goals Complete Master-Planning Move Forward with Planned & Funded Capital Projects Begin Master Plan Implementation Infrastructure Capital Plan Outside-funded Projects Moving Forward Consider Monthly Utility Billing Systems Maximize CHIPS and Other Outside Funding Sources Plan for Increased Water/Sewer Investments Make Measurable Repaving Progress on Critical Road Thoroughfares - Align Infrastructure Investments with Master- Planning Activities Make Infrastrucutre Investments in Support of Master Plan Objectives Heavy Machinery Capital Plan -Establish Asset Life Cycles to Plan for Replacement Needs ---- Anticipated Budgetary and Financial Impacts No New Projects; Intent to Limit Future Debt Load Minimal Capital Reserve Funding from General Fund Real Estate Divestment Increases Taxable Land Values Fund Capital Reserve with Future Goals in Mind Establish Baseline Amount for Annual Capital Reserve Funding Credit Rating Reduces Borrowing Costs Leverage Credit Rating and Reduced Debt Load to Borrow for Larger Projects Fund Capital Reserve Leverage Credit Rating and Reduced Debt Load to Borrow for Larger Projects Fund Capital Reserve 5-Year Capital Planning - High Level Work Plan 100 Plan Element 2027 (Year One) Establish Credit Rating to Achieve Reduced Borrowing Rates Complete FY 2023, 2024, and 2025 Audits Debt Repayment Strategy / Schedule Consider Strategic Real Estate Divestment Establish Capital Reserve Fund Debt Pay-Downs From Reimbursements and One- Time Funding Sources Facilities Capital Plan Begin to Address Deferred Maintenance and Security (Health/Safety) Make Facility Needs Decisions on Additional Facilities Infrastructure Capital Plan Consider Monthly Utility Billing Systems Maximize CHIPS and Other Outside Funding Sources Heavy Machinery Capital Plan Establish Asset Life Cycles to Plan for Replacement Needs Anticipated Budgetary and Financial Impacts Minimal Capital Reserve Funding from General Fund Real Estate Divestment Increases Taxable Land Values 5-Year Capital Planning - 2027 Planning Key Highlights Key facility decisions in 2026 & 2027 Starting with IPD, City Court, Water & Sewer Admin, Seneca Street Garage Long Range Strategic Real Estate Decisions Consider business cases for parcels, encourage strategic redevelopment Deeper Analysis on What we Can Afford Immediate Need for Addressing Deferred Maintenance Funding Capital Reserves Financial System Improvements for Long-Range Planning 101 What’s Next: Common Council Recieved Initial Short-Term Debt Strategy on June 3 Recruitment Efforts for Director of Engineering & Capital Projects (formerly Engineering Services) ACM Will Facilitate Internal Capital Projects Committee in Advance of 2027 Budget ACM Will Facilitate Facilities Planning Committee Sub-Group Sub-Group Will Support Development of Deferred Maintenance Framework 2027 Budget Will Include 5-Year Capital Plan Council Should Expect Information on IPD, Water Building, and Seneca Garage Facility Planning Needs to Help Guide Project Next Steps 102