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HomeMy WebLinkAboutAgenda 07-14-2014.pdf Exhibit No. 1. Approval of Meeting Minutes: June 9, 2014 2015-022 2. Report of Fire Superintendent Tamborelle 2015-023 Submitted Report  Resolution to Approve Purchase of a 2015 Tahoe 2015-024 3. Report of Asst. Superintendent of Public Works Frisbie 2015-025 Submitted Report  4. Privilege of the Floor – 30 minutes - SIGN-UP at 6:45 p.m. unrevised Website – Privilege of the Floor Guidelines 5. Report of Mayor a. TWC-Comcast merger 6. Report of the Trustees 7. Report of Chief Steinmetz - Submitted reports  2015-026a,b,c a. Village’s Emergency Plan b. CHPD’s Policy & Procedural Manual 8. Report of Superintendent of Public Works Cross No updates to report 9. Report of Clerk & Treasurer 2015-027 Submitted reports 10. Report of Attorney 11. Executive Session (as necessary) 12. Adjournment  All Exhibits and Reports are located on http://www.Cayuga-Heights.ny.us/Minutes/Agenda Packet unless otherwise noted Village of Cayuga Heights Board of Trustees Regular Meeting Marcham Hall July 14, 2014 7:00 p.m. AGENDA EXHIBIT 2015- 022 Minutes VILLAGE OF CAYUGA HEIGHTS Monday, June 9, 2014 Marcham Hall BOARD OF TRUSTEES MEETING 7:00 p.m. Present: Mayor Supron; Trustees: Hamilton, Friend, Robinson, Salton and Woodard; Asst. Superintendent of Public Works Frisbie; Chief of Police Steinmetz; Clerk & Treasurer Mangione; Attorney Marcus. Absent: Trustee Crooker, Superintendent of Public Works Cross, Fire Superintendent Tamborelle. Call to Order: Mayor Supron called the meeting to order at 7:02 p.m. 1. Public Hearing on Proposed Local Law 2015-C: A Local Law to Replace Article X of the Articles of the Village of Cayuga Heights to Provide for Regulation of Vendors and Solicitors (FYE2015-014) Mayor Supron called the hearing to order at 7:03 p.m. No member of the public in attendance requests to make comment. No comments have been submitted to the Clerk for inclusion into the public hearing record. The Public Hearing was closed at 7:04 p.m. 2. Approval of Minutes: Resolution #7493 BE IT RESOLVED THAT: Minutes of the May 12, 2014 Village of Cayuga Heights Board of Trustees Meeting are approved as written in Exhibit FYE2015-015. Motion: Trustee Robinson Second: Trustee Friend Discussion: Trustee Salton wonders if Section 5-d regarding zoning and the Mecenas – Ciaschi Proposal should be clarified. Attorney Marcus advised the board that if it is felt that any portion of the minutes does not accurately represent the substance or tone of the discussion which took place, it would be best to strike or revise the section. Ayes: Friend, Robinson, Salton, and Woodard Nays: none Abstentions: Hamilton Motion carried 3. Approval of Minutes: Resolution #7494 BE IT RESOLVED THAT: Minutes of the May 28, 2014 Village of Cayuga Heights Board of Trustees Meeting are approved as written in Exhibit FYE2015-016. Motion: Trustee Salton Second: Trustee Woodard Ayes: Friend, Hamilton, Robinson, Salton, and Woodard Nays & Abstentions: none Motion carried 4. Report of Fire Superintendent Tamborelle (Exhibit FYE2015-017) Submitted report (website – contained in Meeting Packet June 9, 2014) Superintendent Tamborelle was not able to attend. 5. Report of Assistant Superintendent of Public Works Frisbie: (Exhibit FYE2015-018) Submitted report (website – contained in Meeting Packet June 9, 2014) Asst. Superintendent Frisbie reported that a wet area on Highland Road has been tested and is ground water seeping into the roadway. A recent storm resulted in a downed tree on Cayuga Heights Road. 6. Privilege of the Floor Mark Mecenas asked if he would have an opportunity to address the board later in the meeting. Mayor Supron indicated that she would recognize him when the board is in discussion on the question of expanding the commercial district. Mr. Mecenas deferred any comments until that time. 7. Report of the Mayor Mayor Supron opened her remarks with an apology to Wies Van Leuken, who represents the Village on the Time Warner Cable (TWC) Access Oversight Committee (AOC). Ms. Van Leuken had submitted the AOC’s annual budget for the board’s consideration; the budget is not included in the Agenda Packet and is therefore included here in its entirety. DATE May 17, 2014 RE: 2015 PEGASYS Budget Recommendations from Access Oversight Committee (AOC) Attached to this letter, please find the Resolution of the Access Oversight Committee of May 5, 2014 with recommendations for the 2015 Budget for public, educational and governmental access operations ("PEGASYS" or “PEG” operations). Also attached is a statement of annual PEG collections and expenditures to show the estimated balance we have available for this Budget. I will attend the Meeting of June 9, 2014 to answer questions and hear your comments. As you know, the City of Ithaca's Franchise Agreement with Time Warner Cable requires that the three participating municipalities (The City of Ithaca, the Town of Ithaca and the Village of Cayuga Heights) (“The Municipalities") approve a budget every year by June 30th while the Agreement is in effect. This Budget is funded with the $.15/subscriber/month fee that is charged to TWC subscribers in the Municipalities. This "PEG Fee" goes directly from the subscriber to TWC where it stays unti l the approved purchases are made. The AOC drafts a budget for these purchases and submits it to the Municipalities for review and approval. This allows subscribers, through their elected representatives, a say in what happens to their PEG Fees. Munic ipal approvals are entered into the minutes of the AOC’s July meeting and submitted to TWC by the respective AOC representat ives. In the past, TWC would review these budgets at their Annual Budget Meeting in July, after which spending accounts (“PEG Accounts”) would be set up and the purchasing process set in motion. Equipment would start arriving in January of the next year. As you know, the AOC learned earlier this year that during the last 4 years this Budget Meeting failed to set up a PEG account. During the first 2 of those 4 years (2011 & 2012 Budgets), this was corrected retroactively by Tom Doheny, Director of Government Relations, whose office is in Ithaca. Then the responsibility for PEG operations was transferred to David J. Whalen (Director of Government Relations, CNY Division, Northeast) whose office is in Binghamton, NY. TWC has undergone repeated reorganizations, staff reductions and re-delegation of duties to people in offices at quite a distance from each other throughout the Northeast. And this was one of them. Up to then TWC’s communications to the AOC were conveyed by Mr. Doheny in person to the PEGASYS’ Access Coordinator who reported them at AOC meetings which she attends. In turn the AOC’s requests would be taken by her to Mr. Doheny. Communications with Mr. Whalen took a while to get up to speed. Eventually the realization set in that no PEG ac count had been set up for the 2013 and 2014 Budgets. In the process of getting things back on track, the AOC got a glimpse of TWC’s process for PEG operations. This process, from PEG Fee collection to expenditure, appears extremely complex and requires multiple departments throughout the Northeast. Setting up an account is just one step of many. Knowledge of this process fel l through the cracks during the many staff reorganizations. It did not help that TWC never set up designated accounts to keep track of incoming and outgoing PEG monies. The AOC was in touch with Mr. Whalen on several occasions, then a formal letter was mailed to him, and then Mayor Supron wrote to him. Finally in April, the 2013 and 2014 PEG monies were found and accounts for the ir spending were set up. In Mr. Whalen’s defense I should say that he did schedule a phone -conference with all the involved parties and directed them to locate the funds and set up spending accounts for their use. Also the PEGASYS’ Access Coordinator is spending a lot of time moving the process along and talking to the many people at TWC who have to have a part in it. I just learned from her, that the las t approvals are in place and equipment is being purchased. The PEG Accounts set up under Mr. Whalen’s tenure are different from those in the past. They are no longer “Capital Accounts” but “Operating Accounts”. This means that they no longer need to be reviewed at TWC’s Annual Budget meetings, that purchases can be made throughout the year, and, possibly, that they could include items other than Capital purchases. The latter is of great interest to the AOC. We would like to have a computer with internet access in the studio, to have archivi ng capacity and to have a website and other means of publicit y. The City’s Franchise Agreement is unclear on these issues. TWC has, until now, allowed Capital purchases only. We are planning a meeting with Mr. Whalen to discuss this matter in person. Regarding the need for publicity, I should ad that currently PEG programming is cablecast in complete anonymity. TWC has deleted any mention of public access from their website, does not include the PEG channels in its TV menu or in its line -up in TV guides. The budget before you is a placeholder budget that will allow the AOC to replace equipment during the upcoming year as needed and hopefully make the purchases mentioned above. It addresses the current equipment needs of community, government and educational access. Every year the AOC solicits proposals from local educational institutions for equipment they need to show their programming on the educational channel. The same is done for governmental entities that use the government channel to cablecast their meetings and events. No proposals were brought befor e the Committee this year. The AOC has removed the word “Capital” from the language of its Resolution to reflect the changes made by TWC. The Village resolution probably should reflect these changes as well, so that we are not restricted to acquiring onl y "Capital" equipment. Please let me know if you need further information. The Village's resolution is due at the AOC no later than June 30, 2015. Resolution Access Oversight Committee Monday, May 5, 2014 AOC Recommendations for FY 2015 Budget WHEREAS, Section 15.12 of the Franchise Agreement between the City of Ithaca and Time Warner Entertainment - Advance/Newhouse Partnership (TWC) of January 2003 requires the participating municipalities (City of Ithaca, Town of Ithaca, Village of Cayuga Heights) to provide TWC with an annual budget for public, educational and governmental access operations by June 30 of each calendar year, and WHEREAS, the City of Ithaca's Ordinance #2003-17, Par 18-4-G, requires the Access Oversight Committee (AOC) to provide the participating municipalities with a recommended annual budget by May 31 of each calendar year ; now therefore be it RESOLVED, that the AOC accepted the attached budget for Fiscal Year 2015 in the amount of $30,000.00 at their regular meeting of May 5, 2014, and BE IT FURTHER RESOLVED, that the AOC forwards its recommendations for approval by the Common Council of the City of Ithaca, the Town of Ithaca Board and the Village of Cayuga Heights Board of Trustees, so that they may meet their obligation to provide TWC with an annual budget for public, educational and governmental access operation, which budget is due June 30 of each calendar year. Approved unanimously Budget for Fiscal Year 2015 Budget $30,000.00 Description: The PEGASYS studio has a great deal of equipment that is 10–17 years old, and will need replacement as it fails. This might include studio cameras [$10,000 each], camera cabling [$2,000 each], the studio special effects generator/video switcher [$30,000), the studio audio system ($5,000), and any other equipment and associated items that the Access Oversight Committee deems necessary for the proper functioning of the PEGASYS Studio. TOTAL $30,000.00 B C D PEG Fee Expenditures Balance collection (funds available for PEG purchases) Year * 2004 $22,768.04 $19,372.15 $3,395.89 2005 $20,144.93 $14,814.73 $5,330.20 2006 $19,616.00 $0.00 $19,616.00 2007 $18,807.00 $19,338.81 ($531.81) 2008 $18,347.25 $11,749.14 $6,598.11 2009 $17,509.95 $21,102.13 ($3,592.18) 2010 $16,593.60 $17,433.96 ($840.36) 2011 $15,088.35 $9,589.92 $5,498.43 2012 $14,032.50 $4,254.78 $9,777.72 2013 $13,977.69 $23,818.71 ($9,841.02) 2014 $12,000.00 $30,000.00 ($18,000.00) 2015 $12,000.00 $0.00 $12,000.00 Total $200,885.31 $171,474.33 $29,410.98 * PEG Fees = $.15/customer/month italics = estimate Column B/ 2014 & 2015 lines = estimated revenues Column C/ 2013 & 2014 lines = approved but unexpended budgets The AOC manages Pegasys, which is the public access broadcasting network on TWC. In the May 17, 2014 memo appearing at the beginning of the budget document above, Ms. Van Leuken reviews difficulties that have been encountered with TWC. Resolution #7495 WHEREAS, Section 15.12 of the Franchise Agreement between the City of Ithaca and Time Warner Entertainment - Advance/Newhouse Partnership (TWC) of January 2003 requires the participating municipalities (City of Ithaca, Town of Ithaca, Village of Cayuga Heights) to provide TWC with an annual budget for public, educational and governmental access operations by June 30 of each calendar year, and WHEREAS, the City of Ithaca's Ordinance #2003-17, Par 18-4-G, requires the Access Oversight Committee (AOC) to provide the participating municipalities with a recommended annual budget by May 31 of each calendar year , and WHEREAS, the AOC accepted the attached budget for Fiscal Year 2015 in the amount of $30,000.00 at their regular meeting of May 5, 2014, and WHEREAS, the AOC has forwarded its recommendations for approval so that they may meet their obligation to provide TWC with an annual budget for public, educational and governmental access operation, which budget is due June 30 of each calendar year, therefore BE IT RESOLVED THAT: the attached AOC budget for Fiscal Year 2015 is approved by the Village of Cayuga Heights Board of Trustees. Motion: Trustee Salton Second: Trustee Robinson Discussion: TWC has been a difficult entity with which to work and has hidden funds over several years. The Board expressed its appreciation to Ms. Van Leuken for representing the Village on the AOC. Ayes: Friend, Hamilton, Robinson, Salton, and Woodard Nays & Abstentions: none Motion carried a. TCCOG: Shared Services Workgroup The recently approved NYS Budget requires each municipality in the state to save 1% of its tax levy through shared services by June 2015. This means that the Village of Cayuga Heights will need to document a savings of approximately $24,000. There is no requirement that municipalities work together on the effort, however it is suggested that it be coordinated by the county. TCCOG has formed a working group. It is not clear if ongoing shared service savings can be included or if the 1% must be comprised of new enterprises. The group has identified three areas on which to focus for potential savings opportunities: highways, back -office/administrative functions, and public safety, specifically fire not law enforcement. A first step for the Highway Department group will be to inventory public services that are currently shared. The state has not made any grant monies available for these studies. City and Regional Planning at Cornell, Mildred Warner has a model on how counties can function as an administration or human resources umbrella for municipalities. Further updates will be shared as available. b. Letter from Mark Mecenas to the Mayor and the Board of Trustees (Exhibit FYE2015-019) The Mayor invited Mr. Mecenas to address the Board if he wished. He wanted to express his hope that the discussion would be non-confrontational and that in the future it would not be necessary to engage an attorney to communicate with the Board. A Zoning Review Committee (ZRC) has been formed; they plan to address the entire document instead of adopting a piecemeal approach. The current commercial district does not extend to Mr. Mecenas’ property. He would hope to have a decision on his property sooner than revision of the complete zoning code document. If a tangible proposal were in front of the Board, the proposal could be acted on with a requisite recommendation by the Planning Board to change zoning through the local law process to expand the commercial district. If any additional component of zoning would also need to be changed to allow the proposal, that would require a separate local law process. It cannot be determined which process would involve a shorter time lapse. Attorney Marcus drew the distinction between the legal responsibility of the Village to respond if presented with an application that could be accomplished under current zoning law and an application for land use completely outside current law. The discussion concluded with the acknowledgement that there are too many unknowns to provide Mr. Mecenas with an answer on his zoning revision question. d. Bolton Point (BP) Water Rate Structure This agenda item was moved forward to facilitate the participation of Mr. Roy Staley, one of the Water Commissioners on the Bolton Point Board representing Cayuga Heights. There is a proposal to institute a quarterly flat rate which would be charged even if no water is used. Additionally, a per gallon rate would be charged. This formula has been discussed for several years to address customers who regularly consume less than the 10,000 gallon current base usage. A request for quote (RFQ) returned only one response which was for significantly more than was budgeted for the study. At the recent BP Board meeting it was decided that the study would not be contracted and Don Hartill will perform the financial analysis. This would allow a January 2015 implementat ion. The Mayor raised the issue of the Village’s sewer billing which is currently tied to water usage. When the previous change from an annual flat fee to charges based on water usage was made it took several years. An analysis of this further revision to the sewer fee metric will be undertaken by Mayor Supron, Engineer Cross, Mr. Hartill, and Treasurer Mangione. Town of Ithaca Attorney, Sue Brock contacted Village Attorney Marcus whose firm also represents Bolton Point and the Village of Lansing to discuss an issue related to construction of an additional water main under Route 13. Both BP and the Village of Lansing believe that there should be redundancy in the system in case of a failure to the current single line in use. The new 18” transmission main and 10” main for the Village of Lansing would be constructed by the Village of Lansing. The long-term agreement for BP to use the main should the need arise would need approval by all the BP participating municipalities of which Cayuga Heights is one. It is believed that each party should have a different attorney; therefore Ms. Brock will be drawing up the agreement to be considered between BP and the Village of Lansing. Attorney Marcus felt it appropriate to make the Trustees aware of this situation. An action item related to this may be on the Board of Trustees July 14, 2014 agenda. c. Zoning Review Committee The committee met again and has made headway through the residential section. They are focused on how a change to zoning may impact the nature of a neighborhood. Mayor Supron will distribute a version of the Zoning Code which has been highlighted to emphasize those areas which need attention. Resolution #7496 BE IT RESOLVED THAT: The Proposed Local Law C of 2014 is passed as follows: VILLAGE OF CAYUGA HEIGHTS Local Law 3 of the year 2014 A LOCAL LAW TO REPLACE ARTICLE X OF THE ARTICLES OF THE VILLAGE OF CAYUGA HEIGHTS TO PROVIDE FOR REGULATION OF VENDORS AND SOLICITORS Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows: SECTION I PURPOSE AND INTENT The purpose of this Local Law is (a) to replace Article X of the Articles of the Village of Cayuga Heights (the “Village”) in order to detail the requirements for vendors and solicitors to operate within the Village, including by clarifying the registration process and providing for fines in the event of violations, and (b) to reformat these requirements as a Local Law to correspond to the format of the local laws most recently enacted by the Village. The intent of this Local Law shall be to contribute to the public welfare and good order by providing certain regulations and restrictions on the time, place and manner of operation of vendors and solicitors within the Village of Cayuga Heights, while enabling such persons the freedom to so operate. SECTION II AUTHORITY This Local Law is enacted pursuant to the grant of powers to local governments provided in Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provision of the New York State Constitution and not inconsistent with any general law relating to its property, affairs, government or other subjects provided for in said Section 10 of the Municipal home Rule Law. SECTION III DEFINITIONS As used in this Local Law, the following terms shall have the meanings indicated: A. Person - One or more natural persons, corporations, limited liability companies, partnerships, organizations, associations, societies and all other legal entities of any kind. B. Personal contact - The face-to-face interaction by one person with another person. C. Political Organization - An organization, a substantial part of the activities of which is carrying on propaganda or otherwise attempting to influence legislation or participating in any political campaign on behalf of any candidate for public office. D. Religious, charitable or educational organization - An organization granted tax exemption as such by the Internal Revenue Service of the United States Treasury Department. E. Solicit - To make or seek to make personal contact with another person, either on any public street or public place, or by going from house to house or from place of business to place of business, on foot or from any vehicle, for the purpose of raising funds for, supporting the goals of or recruiting new members into a religious, charitable, educational or political organization, or participating in a political campaign on behalf of any candidate for public office. F. Solicitor - A person engaged in the activity of soliciting as defined in this Local Law. G. Vendor - Any person, either as principal or agent, who, on any public street or public place, or by going from house to house or from place of business to place of business, on foot or from any vehicle, (1) sells, rents or barters, offers for sale, rent or barter, or carrie s or exposes for sale, rent or barter any goods, wares, merchandise or services, or (2) takes or offers to take orders for goods, wares or merchandise or for services to be performed in the future or for the making, manufacturing or repairing of any articl e or thing for future delivery. SECTION IV EXCEPTIONS TO APPLICABILITY A. Nothing in this Local Law shall be applicable to: 1. Any sales conducted pursuant to statute or by order of any court. 2. Any person selling personal property at wholesale to dealers in such articles. 3. Persons under the age of 18 years associated with nonprofit organizations. 4. An honorably discharged soldier, airman, sailor or marine who has procured a license as provided by the General Business Law of the State of New York. B. This Local Law shall not apply so as to unlawfully interfere with interstate commerce. C. Those persons who shall be exempt from the applicability of this Local Law in accordance with Subsections (A) (1), (2) and (4) of this Section IV shall, nevertheless, register in ac cordance with the provisions of this Local Law with the Village Police Department at least 24 hours before engaging in any of the actions regulated under this Local Law. SECTION V REGISTRATION: REQUIRED FOR VENDORS, NOT REQUIRED FOR SOLICITORS A. It shall be unlawful for any person to act as a vendor, as defined in this Local Law, within the corporate limits of the Village of Cayuga Heights without first having registered with the Village Police Department as required herein. B. Any person engaged in the activity of soliciting for religious, charitable, educational or political organizations, as defined in this Local Law, shall not be required to register with the Village Police Department. SECTION VI PROCEDURE FOR REGISTRATION AS A VENDOR Any person required in accordance with this Local Law to register with the Village shall file with the Village Police Department, at least 24 hours prior to commencing such activity, a written registration upon a form furnished by the Village Police Department. Such registration form shall include, but shall not be limited to, the number and kind of vehicles to be used by the person in carrying on the activities; the kinds of goods, wares and merchandise the person desires to sell, or re nt, or the kind of service the person desires to perform; the method of distribution; the name, address and age of the registrant; the name and address of the person, firm or corporation he/she represents; the length of time the registrant desires to condu ct such activity; and such other information as lawfully may be required by the Village Police Department. Such registration shall expire on the last day of the calendar year in which it was made and must be renewed if the person desires to continue such activity thereafter. SECTION VII REGISTRATION FEE No fee shall be required to register with the Village of Cayuga Heights as a vendor. SECTION VIII RESTRICTIONS AND PROHIBITIONS A. It shall be unlawful for any person to enter upon residential private property for the purpose of vending or soliciting before the hour of 9:00 a.m. of any day or after 8:00 p.m. or after 1/2 hour before sunset, whichever is earlier, except upon the invitation of the owner or occupant of such property. B. It shall be unlawful for any vendor or solicitor to enter or remain upon any premises whereon there is posted, in public view, any sign containing the words to the effect of "no peddlers," "no solicitors," "no agents" or other wording, the purpose of which purports to prohibit vending or soliciting on the premises . C. It shall be unlawful for any person who has entered upon private property for the purpose of vending or soliciting to leave the primary sidewalk or entrance area of the property except upon invitation of the owner or occupant of such property. D. It shall be unlawful for any person who is operating as a vendor or solicitor to leave any pamphlet, brochure or literature on any property, vehicle or mailbox unless permission is granted by the owner or occupant of such property. E. No vendor or solicitor shall interfere with the free flow of pedestrian or vehicular traffic. F. No vendor shall operate as a vendor within 200 feet of any school property or permit any vehicle to stand on a public street within said distance of school property. G. It shall be unlawful to create or maintain any booth or stand or place any obstructions upon any public street or public place for the purpose of selling or displaying any goods, wares or merchandise, except as permitted by the Board of Trustees. SECTION IX RECORDS The Village Police Department shall maintain a record of all persons registered as a vendor under the provisions of this Local Law. SECTION X PENALTIES FOR OFFENSES Any person who, themselves or by an agent or employee, (A) shall act as a vendor, as herein define d, without first registering as required hereby, or (B) shall violate any of the provisions of this Local Law, shall be guilty of a violation and subject to a fine of not less than $100 and not more than $500 per offense. Each day’s violation shall consti tute a separate offense. SECTION XI SUPERSEDING EFFECT All Local Laws, Articles, resolutions, rules, regulations and other enactments of the Village of Cayuga Heights in conflict with the provisions of this Local Law are hereby superseded to the extent necessary to give this Local Law full force and effect. Without limiting the foregoing, Article X of the Articles of the Village of Cayuga Heights is hereby deleted from the Articles of the Village of Cayuga Heights and is hereafter null and void and of no further force or effect. SECTION XII PARTIAL INVALIDITY. In the event that any portion of this Local Law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. SECTION XIII EFFECTIVE DATE. This Local Law shall be effective immediately upon filing in the office of the New York State Secretary of State, except that it shall be effective from the date of its service as against a person served with a copy thereof, certified by the Village C lerk, and showing the date of its passage and entry in the Minutes of the Village Board of Trustees. Motion: Trustee Robinson Second: Trustee Friend Discussion: It was determined that this revision to local law fits into NY’s SEQR Type II 617.5 9 (c)(20) "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment" action and thereby does not require further SEQR review. Ayes: Hamilton, Friend, Robinson, Salton and Woodard Nays: none Abstentions: none Motion carried 8. Reports of Trustees No agenda items 9. Report of Chief Steinmetz (FYE2015-020a,b,c) Chief Steinmetz requests a notarized copy of Local Law 2015-C in order to familiarize his staff with the new law and to have available to present to any interested party. The Deputy Clerk will provide a notarized copy of Resolution #7496. It was reported that although there are burglary suspects in recent break-ins they are different from previous suspects. The investigations are ongoing. Pat Kannus, Village Court Clerk contacted Attorney Marcus to ask him to appear in court on Tuesday, June 10 th. The Board should assign a prosecutor to act on behalf of the Village when necessary since Mr. Marcus is not a criminal prosecutor. Chief Steinmetz will determine if the defendants in these cases are represented by an attorney. If they are not represented, the process can defer to the already established policy of the officer prosecuting their own case. 10. Report of Clerk & Treasurer Mangione (FYE2015-021) Resolution #7497 BE IT RESOLVED THAT: Abstract #14 for FYE2014 consisting of General Fund vouchers 975 - 1017 in the amount of $85,060.62 is approved and the Treasurer is instructed to make payments thereon. Motion: Trustee Salton Second: Trustee Woodard Ayes: Hamilton, Friend, Robinson, Salton and Woodard Nays: none Abstentions: none Motion carried Resolution #7498 BE IT RESOLVED THAT: Abstract #1 for FYE2015 consisting of TA voucher 1 in the amount of $16,322.40 and General Fund vouchers 1 - 16 in the amount of $157,778.49 is approved and the Treasurer is instructed to make payments thereon. Motion: Trustee Hamilton Second: Trustee Salton Ayes: Hamilton, Friend, Robinson, Salton and Woodard Nays: none Abstentions: none Motion carried Meeting of the Village of Cayuga Heights Board of Trustees was adjourned by Mayor Supron at 9:50 p.m. EXHIBIT 2015-023 September 16, 2015 Honorable Kate Supron Board of Trustees Village of Cayuga Heights Monthly Report – July, 2014 June was a busy month with 48 runs. There were 23 calls in the Village of Cayuga Heights, 19 calls in the Town of Ithaca and 6 mutual aid requests. We had 25 EMS runs and 23 fire calls. The month was fairly routine with a fairly even number of fire and EMS calls. We did have several calls for wires down in June after several storms moved through our area. We were called into the city to establish a landing zone for multiple inbound medical transport helicopters during the incident at Simeons Restaurant. E202 established the landing zone at the high school and stood by for the duration of the incident in case more air medical assets were needed. We had several trainings scheduled through the month of June but only managed to get one training done. We did a night of engine company operations and focused on moving charged handlines. This training was geared toward getting members working on checklist items for hose movement and packing sign offs for these tasks. The rest of our regular training nights seemed to be scratched because we kept getting calls during the time allotted for training. We are planning a joint FAST training with several local departments including Dryden, Cortlandville and Moravia. We will host this training at the mall. We have set the dates for the fall recruiting drive and recruit training classes. We hope to have a class of 15 new members for the fall class. Our summer station and equipment maintenance program is progressing nicely. We did have the station parking lot sealed and striped, the air conditioning unit replaced in the radio room and the carpets in the office area replaced. We did take delivery of our new thermal imaging camera, 5 inch supply hose, pagers and we did order new turnout gear. All of our fire hose was tested and for the first time in many years we did not have any hose fail testing. All of the heavy pieces of apparatus are scheduled for maintenance for the third week in July. One of the station’s air handling units has broken. The unit that controls the heat and air conditioning in the kitchen/training room has a broken water coil and the unit is apparently old enough that there are no replacement parts. HAS Associates is working on a solution for us. Cayuga Landscape came to the station and cleaned up the gardens in front of the station. We had the large stone ball that had been a working fountain removed because it had not been working for two years. We had them remove the water pool under the ball and fill it in with stone because it had been a breeding ground for mosquitoes since the fountain stopped working. There were several dead bushes removed and a couple replacements put in to clean up the look of the area. This garden was put in after 2001 as a 911 Memorial Garden donated by the Ithaca Garden Club. In a meeting with our public safety committee we discussed using money from the Hanselman Trust to purchase a 2015 Tahoe for the department. We hope to get approval to move forward with this project at the July board meeting. The Tahoe will be coming open on state contract in the near future and the window to order the vehicle will not be open long. We would like to order the vehicle and get it outfitted locally and put it in service. Sincerely, George Tamborelle Fire Chief/Fire Superintendent Exhibit 2015-024 Resolution #_____ WHEREAS, The Village of Cayuga Heights Fire Department is the beneficiary of Hanselman Family Trusts; and WHEREAS, The Village of Cayuga Heights Fire Department has determined that there exists the need for a vehicle; and WHEREAS, NYS contract purchasing for 2015 Tahoes will be made available in the near future; and WHEREAS, Village of Cayuga Heights Public Safety committee recommends the purchase of a 2015 Tahoe. NOW, THEREFORE, BE IT RESOLVED THAT: Approval shall be granted to purchase a 2015 Tahoe at NYS contract pricing, the cost of which will be reimbursed to the Village of Cayuga Heights from Hanselman Fund proceeds. Motion: Second: Discussion: Ayes: Nays or abstentions: Exhibit 2015-025 REPORT OF PUBLIC WORKS Monday, July 07, 2014 TO: BOARD OF TRUSTEES FROM: Jeffrey Frisbie; Asst. Superintendent of Public Works PERIOD: June 2014 REPORT BY DEPARTMENT: 1. PUBLIC WORKS a. Street System: We have finished repairs on Kline Road. b. Storm Water System: We have been continuously cleaning catch basins and monitoring our creeks to keep them clear of debris. We started ditching Warwick Rd. c. Water System: Nothing to report. d. Sewer System: We have plans on continuing flushing. e. Buildings and Grounds: nothing to report. f. Personnel: Nothing to report. g. Safety: Nothing to report. EXHIBIT 2015- 026a June 10, 2014 To: The Honorable Mayor Supron Members of the Board of Trustees Village of Cayuga Heights Re: Report of the Police Department for June, 2014 In the month of June the police department received 332 calls for service. In addition to these calls, 98 uniform traffic tickets were issued and 13 parking violations were cited. A breakdown of the calls for service is as follows: 3 felony complaints of attempted burglary were reported. All 3 of the reported incidents were observed to be suspicious persons and/or circumstances as there was no sufficient evidence to confirm that they were burglaries. 6 misdemeanor incidents were handled including 1 for fraud, 4 for larceny and 1 for vehicle and traffic. The fraud complaint involved the complainant receiving phone calls from a company claiming to be the IRS, stating that t he resident owed back taxes and needed to pay immediately or there would be a warrant issued for her arrest. The investigating officer made contact with the caller who stated that no call was made to the resident. No further calls have been reported. 3 of the reports of larceny were for delivered packages being taken from residents’ homes. These incidents occurred during the same time frame, there are no suspects at this time. The last larceny incident was reported as a picnic table being stolen from a rental property. After investigation it was found that the table belonged to the previous tenant who had retrieved the table while the current tenant was away. The final misdemeanor incident occurred during a traffic stop. The driver was found to be driving a vehicle with a suspended registration. There were no penal law violations reported for the month of June 2014. 10 reports of local law violations we handled including for 1 for Noise, 1 for Soliciting without a permit, 1 for being in Sunset Park after hours, 3 for Care and Mowing of Property, and 4 for Dog Control. The Noise complaint was reported as a loud gathering at a residence. Upon the officer’s arrival the residents were found to be hosting a wedding for their son. The residents were advised of the Village’s Noise ordinance and the residents agreed to keep noise to a minimum. 1 call for Soliciting was handled. A report for a person going door to door soliciting residential gutter cleaning was made. As this was the second report made regarding gutter cleaning. A suspect was identified and a warrant was issued for arrest on charges of Local Law Soliciting without a permit. 1 incident occurred of persons being in Sunset Park after hours. 2 subjects were issued citations for the Local Law. There were 4 complaints received for dog control. 3 reports involved residents having observed a loose dog and 1 involved a resident reporting a missing dog. In all 4 incidents the dogs were returned to their owners without further incident. There were 3 Motor vehicle accidents investigated, none involving deer. 2 other incidents were reported involving deer. 1 was for the report of an injured deer that had fled the location upon officer’s arrival. The other incident came in from Tompkins County Dispatch stating that there were several deceased deer on the side of the roadway on Rt. 13. The officer located 3 d eceased deer and moved them out of the roadway. State DOT was contacted for removal and Cornell Deer Management was notified of the tagged deer. In summary, 6 persons were arrested and the following 7 charges were filed: 2 -LL In the Park after Hours, 2-LL Soliciting without a Permit, 2-Execution of a Bench Warrant, 1-Suspended Registration. Over the course of this month police department members took part in the following trainings and events: On the 2 nd and 3rd Sergeant Jerry Wright facilitated the an nual Bike Rodeo at Northeast Elementary School. Participants were issued certificates upon completion. On the 21st Officer Mike Keegan visited Ithaca Community Child Care Center. On the 1st and 17th Officers Jim Landon and Chad Lansing completed Buckle Up New York and STEP over-time traffic details. The full time officers worked a total of 40 hours of overtime and the part time officers worked a total of 150.5 hours. Sincerely, Chief James Steinmetz Exhibit 2015-026b VILLAGE OF CAYUGA HEIGHTS POLICE DEPARTMENT Total Traffic Citation Report, by Violation Violation Description Total 7D LL#1-96 OVERNIGHT PARKING 13 Report Totals 13 Exhibit 2015-026c UTT Report by Date From 06/01/2014 to 06/30/2014 Date Offense Location MPH MPH Zone 06/30/2014 DISOBEYED TRAFFIC CONTROL DEVICE PLEASANT GROVE RD 06/30/2014 OPERATING WITHOUT INSURANCE-NO CARD IN VE WINTHRUP DR AT SIMSBURRY 06/30/2014 DISOBEYED TRAFFIC CONTROL DEVICE WINTHRUP DR AT SIMSBURRY 06/30/2014 DISOBEYED TRAFFIC CONTROL DEVICE N TRIPHAMMER RD 06/30/2014 UNINSPECTED MOTOR VEHICLE RT 13 SOUTH 06/30/2014 DISOBEYED TRAFFIC CONTROL DEVICE PLEASANT GROVE RD 06/29/2014 UNINSPECTED MOTOR VEHICLE HANSHAW ROAD 06/29/2014 NO/INSUFFICIENT TAIL LAMPS N TRIPHAMMER RD 06/28/2014 DISOBEYED TRAFFIC CONTROL DEVICE PLEASANT GROVE RD 06/27/2014 IMPROPER/NO SIGNAL N. TRIPHAMMER RD 06/27/2014 NO/INADEQUATE LIGHTS STATE ROUTE 13 06/27/2014 UNINSPECTED MOTOR VEHICLE STATE ROUTE 13 06/27/2014 UNREGISTERED MOTOR VEHICLE-NO PROOF IN VE E UPLAND RD AT N TRIPHAMME 06/27/2014 IMPROPER/NO SIGNAL HANSHAW RD 06/27/2014 DISOBEYED TRAFFIC CONTROL DEVICE PLEASANT GROVE RD 06/27/2014 FLD TO STOP @ STOP SIGN E UPLAND RD AT N TRIPHAMME 06/26/2014 DISOBEYED TRAFFIC CONTROL DEVICE HANSHAW RD 06/26/2014 DISOBEYED TRAFFIC CONTROL DEVICE TRIPHAMMER RD 06/25/2014 BACK SEAT PASS LESS THAN 4 NO/IMP RESTRAINT N TRIPHAMMER RD 06/25/2014 OPERATING WITHOUT INSURANCE (09/24/11) HANSHAW RD 06/25/2014 UNINSPECTED MOTOR VEHICLE-10 DAY APRIL 11,1 N TRIPHAMMER RD 06/25/2014 SPEED IN ZONE N TRIPHAMMER RD 45 30 06/25/2014 DRIVERS VIEW OBSTRUCTED-REAR WINDOW STIC N TRIPHAMMER RD 06/25/2014 NO HEADLAMPS/INCLEMENT (RAIN) HANSHAW RD 06/25/2014 DISOBEYED TRAFFIC CONTROL DEVICE PLEASANT GROVE ROAD 06/25/2014 NO HEADLAMPS/INCLEMENT HANSHAW RD 06/25/2014 DISOBEYED TRAFFIC CONTROL DEVICE N. TRIPHAMMER RD 06/25/2014 IMPROPER/NO SIGNAL HANSHAW RD ONTO N TRIPHA 06/24/2014 OPER MV WHILE USING PORTABLE ELEC DEV (RIGH HANSHAW RD 06/23/2014 DISOBEYED TRAFFIC CONTROL DEVICE PLEASANT GROVE RD 06/23/2014 OPERATING WITHOUT INSURANCE (NONE SHOWN) HANSHAW RD 06/23/2014 UNINSPECTED MOTOR VEHICLE TRIPHAMMER RD 06/23/2014 DISOBEYED TRAFFIC CONTROL DEVICE (SPEED) HANSHAW RD 06/23/2014 UNINSPECTED MOTOR VEHICLE HANSHAW RD 06/23/2014 SPEED IN ZONE HANSHAW RD 34 15 06/22/2014 DISOBEYED TRAFFIC CONTROL DEVICE PLEASANT GROVE RD 06/22/2014 UNINSPECTED MOTOR VEHICLE NORTH TRIPHAMMER ROAD 06/22/2014 DISOBEYED TRAFFIC CONTROL DEVICE PLEASANT GROVE RD 06/22/2014 OPER MV/MC/BIC W/MORE 1 EARPHONE HANSHAW RD 06/22/2014 OPERATING WITHOUT INSURANCE (08/29/13) WINTHROP DRIVE 06/22/2014 UNINSPECTED MOTOR VEHICLE WINTHROP DRIVE 06/21/2014 DISOBEYED TRAFFIC CONTROL DEVICE TRIPHAMMER RD 06/20/2014 UNINSPECTED MOTOR VEHICLE TRIPHAMMER RD 06/20/2014 IMPROPER/NO SIGNAL TRIPHAMMER RD 06/20/2014 OPERATING WITHOUT INSURANCE (09/07/12) TRIPHAMMER RD 06/19/2014 OP MV- MOBILE PHONE (RIGHT EAR) NORTH TRIPHAMMER RD 06/19/2014 DISOBEYED TRAFFIC CONTROL DEVICE (SPEED) HANSHAW RD 06/18/2014 UNREGISTERED MOTOR VEHICLE PLEASANT GROVE RD 06/18/2014 DISOBEYED TRAFFIC CONTROL DEVICE (SPEED) HANSHAW RD 06/18/2014 IMPROPER/NO SIGNAL PLEASANT GROVE RD 06/17/2014 DISOBEYED TRAFFIC CONTROL DEVICE TRIPHAMMER ROAD 06/17/2014 NO/INSUFFICIENT TAIL LAMPS N. TRIPHAMMER ROAD 06/17/2014 OPERATING WITHOUT INSURANCE-NO VALID CARD TRIPHAMMER RD 06/17/2014 DISOBEYED TRAFFIC CONTROL DEVICE TRIPHAMMER RD 06/17/2014 OPERATING WITHOUT INSURANCE HANSHAW RD 06/17/2014 OPERATING WITHOUT INSURANCE HANSHAW ROAD 06/17/2014 DISOBEYED TRAFFIC CONTROL DEVICE PLEASANT GROVE ROAD 06/17/2014 NO/INADEQUATE LIGHTS HANSHAW ROAD 06/17/2014 OPERATING WITHOUT INSURANCE (05/19/14) HANSHAW RD 06/17/2014 NO/ILLEGAL FRONT WINDSHIELD HANSHAW RD 06/17/2014 UNREGISTERED MOTOR VEHICLE (04/24/14) NORTH TRIPHAMMER RD 06/17/2014 IMPROPER/NO SIGNAL HANSHAW RD 06/16/2014 SPEED IN ZONE NORTH TRIPHAMMER ROAD 60 30 06/16/2014 DISOBEYED TRAFFIC CONTROL DEVICE (SPEED) HANSHAW RD 06/16/2014 NO/INADEQUATE LIGHTS HANSHAW ROAD 06/16/2014 SPEED IN ZONE HANSHAW RD 33 15 06/16/2014 DISOBEYED TRAFFIC CONTROL DEVICE PLEASANT GROVE RD 06/16/2014 OPERATING WITHOUT INSURANCE-NO VALID CARD PLEASANT GROVE RD 06/16/2014 DISOBEYED TRAFFIC CONTROL DEVICE HANSHAW RD 06/16/2014 OPERATING WITHOUT INSURANCE (08/20/13) NORTH TRIPHAMMER ROAD 06/15/2014 OPER MV WHILE USING PORTABLE ELEC DEV (L-HA HANSHAW RD 06/15/2014 OPERATING WITHOUT INSURANCE (07/26/11) HANSHAW RD 06/23/2014 UNINSPECTED MOTOR VEHICLE N TRIPHAMMER RD Date Offense Location MPH MPH Zone 06/13/2014 DISOBEYED TRAFFIC CONTROL DEVICE PLEASANT GROVE RD 06/13/2014 DISOBEYED TRAFFIC CONTROL DEVICE PLEASANT GROVE RD 06/12/2014 IMPROPER/NO SIGNAL PLEASANT GROVE RD 06/12/2014 DISOBEYED TRAFFIC CONTROL DEVICE (SPEED) HANSHAW RD 06/11/2014 DISOBEYED TRAFFIC CONTROL DEVICE (SPEED) HANSHAW RD 06/11/2014 OPERATING WITHOUT INSURANCE (11/23/13) HANSHAW RD 06/11/2014 NO/INADEQUATE LIGHTS PLEASANT GROVE ROAD 06/11/2014 OPERATING WHILE REGISTRATION SUSP/REVOKED PLEASANT GROVE ROAD 06/11/2014 UNREGISTERED MOTOR VEHICLE PLEASANT GROVE ROAD 06/11/2014 OPERATING WITHOUT INSURANCE PLEASANT GROVE ROAD 06/08/2014 UNINSPECTED MOTOR VEHICLE RT13 06/06/2014 NO/INADEQUATE LIGHTS N. TRIPHAMMER ROAD 06/06/2014 DISOBEYED TRAFFIC CONTROL DEVICE PLEASANT GROVE RD 06/06/2014 DISOBEYED TRAFFIC CONTROL DEVICE (STOP SIG EAST UPLAND ROAD 06/06/2014 OPERATING WITHOUT INSURANCE (01/08/14) EAST UPLAND ROAD 06/06/2014 DISOBEYED TRAFFIC CONTROL DEVICE PLEASANT GROVE RD 06/05/2014 DISOBEYED TRAFFIC CONTROL DEVICE CAYUGA HEIGHTS RD 06/05/2014 DISOBEYED TRAFFIC CONTROL DEVICE PLEASANT GROVE RD 06/04/2014 NO/INSUFFICIENT TAIL LAMPS PLEASANT GROVE ROAD 06/04/2014 DISOBEYED TRAFFIC CONTROL DEVICE PLEASANT GROVE RD 06/01/2014 DISOBEYED TRAFFIC CONTROL DEVICE NORTH TRIPHAMMER ROAD 06/01/2014 LAP/SHOULDER VIOLATION OR DJ VIOLATION PLEASANT GROVE RD 06/01/2014 DISOBEYED TRAFFIC CONTROL DEVICE PLEASANT GROVE RD 06/01/2014 LAP/SHOULDER VIOLATION OR DJ VIOLATION PLEASANT GROVE RD Summary Query returned 98 records. EXHIBIT 2015-027a VILLAGE OF CAYUGA HEIGHTS CLERK’S REPORT July 14, 2014 1. Public Employees’ Safety and Health (PESH) inspection of the Village’s written Workplace Violence Prevention program was conducted on July 8, 2014. All violations associated with the November 14, 2013 inspection and subsequent Notice of Violation and Order to Comply have been determined to be corrected. 2. Tax Collections to date equal $2,351,767.83. Penalties in the amount of $110.95 have also been collected. Unpaid taxes are $88,183.98 with $4409.24 in penalties currently assessed. 3. Requests for Waiver of Tax Penalty: Mr. Peter Bellisario of 1017 Triphammer Road came in to pay his taxes on July 8th. He had placed the check in the sun-visor of his vehicle and forgot to stop by the office to make payment during June. He has requested that his penalty be waived since he is 93 years old and has never made a late tax payment to the Village in 40 years of residence here. Mr. Wee Ming Yeo believes that the tax bill was possibly lost in the mail. See attached letter. 4. The annual Payroll Certification was submitted to Tompkins County Personnel on June 21, 2014. 5. Local Law 2014-3: Regulation of Vendors and Solicitors was filed with the NYS Department of State. Respectfully submitted, Joan M. Mangione Village Clerk EXHIBIT 2015-027b VILLAGE OF CAYUGA HEIGHTS TREASURER’S REPORT July 14, 2014 1. Bank Balance: $3,991,749.15 as of June 30, 2014 2. Audit: a. The NYS Office of the State Comptroller began its audit focusing on the Village’s Financial Condition and Budget Practices on June 30, 2014. We have also been informed that they will be reviewing the Village’s Retirement Reporting. 3. Budget: a. The Finance Committee will be reviewing FYE2014 Budget Adjustments this week prior to completion of the year-end close and completion of the Annual Update Document (AUD). 4. Bond and BAN Financing: a. On July 15, 2014 an Administrative fee in the amount of $1,537 is due on the NYS Environmental Facilities Corporation loan C7-6382-02-00 id# 3036. 5. Transfers: a. During the month of June 2014, $154,905.92 was transferred from Consolidated Fund checking to Trust & Agency for payroll, 75% of the retiree healthcare premium, and payroll processing fees. 6. Revenues & Expenditures: a. Total Deposits and Credits - $2,135,931.51 b. Total Checks and Debits - $446,305.72 7. Current Expenses: Unaudited Abstract #15 dated July 14, 2014: as distributed Monday July 14, 2014 and Unaudited Abstract #2 dated July 14, 2014: as distributed Monday July 14, 2014. 8. Approval of July Abstracts: BE IT RESOLVED THAT: Abstract #15 for FYE2014 consisting of Consolidated Fund vouchers 1018 - 1050 in the amount of $ 11,661.42 is approved and the Treasurer is instructed to make payments thereon. BE IT RESOLVED THAT: Abstract #2 for FYE2015 consisting of Trust and Agency vouchers 1 – 12 in the amount of $16,747.68 and Consolidated Fund vouchers 17 - 101 in the amount of $284,606.99 is approved and the Treasurer is instructed to make payments thereon. Respectfully submitted, Joan M. Mangione Village Treasurer