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HomeMy WebLinkAboutAgenda 7-18-2016.pdf 1 Exhibit No. 1. Approval of Annual Organizational Meeting Minutes: April 4, 2016 2017-006 2. Approval of Meeting Minutes: April 11, 2016 2017-031 3. Approval of Meeting Minutes: April 18, 2016 2017-032 4. Statement of Appreciation 2017-033 5. Report of Fire Superintendent Tamborelle – Submitted Report* 2017-034 6. Privilege of the Floor – 30 minutes - SIGN-UP at 6:45 p.m. unrevised Website – Privilege of the Floor Guidelines 7. Report of the Mayor a. Kendal Signage 2017-035 b. Appo intments: Zoning Board of Appeals 2017-036 c. Scheduling: August Board Meeting d. Bolton Point Water Rates: 2017 e. Update: Cayuga Heights Rd Bridge over RT 13 f. Update: Palmer Woods g. Update: Working Supervisor Position and ASPW Position h. Update: Teamsters’ Contract i. Brush Trimming Policy 2017-037 9. Report of the Trustees 10. Report of Police Chief Steinmetz - Submitted reports * 2017-038 a, b, c 11. Report of Superintendent of Public Works Cross 2017-039 a, b Update on the Wastewater Treatment Plant 12. Report of Clerk & Treasurer - Submitted reports * 2017-040a, b, c a. Update: Microsoft Migration b. Refund of Sewer Connection Fee - Childs 2017-041 c. CSEA Retiree Vision Offer 2017-042 13. Report of the Attorney 14. Executive Session 2017-043 General Code Contract 2017-042 15. Adjournment * All Exhibits and Reports can be found at http://www.Cayuga-Heights.ny.us Agenda, unless otherwise noted * All Exhibits and Reports are located on http://www.Cayuga-Heights.ny.us/Minutes Package unless otherwise noted Village of Cayuga Heights Board of Trustees Monthly Board Meeting Marcham Hall July 18, 2016, 7:00 p.m. AGENDA 2 EXHIBIT 2017-006 page 1 of 15 Minutes VILLAGE OF CAYUGA HEIGHTS Monday, April 4, 2016 Marcham Hall BOARD OF TRUSTEES 7:00p.m ANNUAL ORGANIZATIONAL MEETING Present: Mayor Supron; Trustees: Biloski, Friend, Marshall, and Woodard; Fire Superintendent Tamborelle; Superintendent of Public Works Cross; Police Chief Steinmetz; Clerk & Treasurer Mangione; Attorney Marcus. Absent: Trustees Robinson and Salton Call to Order: Mayor Supron calls the meeting to order at 7:00 p.m. 1. The following officials who were elected on March 15, 2016, affirmed their Oath of Office which was administered by Village Clerk & Treasurer Mangione: Mayor Kathryn Supron; Trustees Maryann Friend, James Marshall, and Linda Woodard 2. Public Hearing on Proposed Local Law 2016-B: Override Tax Levy Cap for FYE2017 (Exhibit 2016-108) No members of the public were in attendance. The Public Hearing ended at 7:02 p.m. 3. Report of Fire Superintendent Tamborelle (Exhibit 2017-001) 2016 Cayuga Height Fire Department Slate of Officers is presented for approval to the Village of Cayuga Heights Trustees. These officers have been elected by the members of the Cayuga Heights Fire Company and approved by the Cayuga Heights Fire Department Fire Council. All of these officers have met the requirements for their positions according to the by-laws of the Fire Department. Resolution # 7768 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees approves the following Cayuga Height Fire Department Slate of Officers as voted on by the Cayuga Heights Fire Company and approved by the Cayuga Heights Fire Department Fire Council. Fire Chief George Tamborelle Assistant Fire Chief Joe Price Assistant Fire Chief John Putnam Assistant Fire Chief Robert Shepherd Lieutenant Blake Berger Lieutenant Jaden Gladstone Motion: Trustee Woodard Second: Trustee Marshall Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried 4. Annual Appointments (Exhibit 2017-002) Mayor Supron appoints Peter Salton as Acting Mayor for the 2017 Official Year. Mayor Supron makes the following appointments with a motion of approval for each: Resolution #7769 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Joan Mangione as Clerk for two official years. (4/2018) Motion: Trustee Biloski Second: Trustee Friend Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7770 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Angela Podufalski as Deputy Clerk for two official years. (4/2018) Motion: Trustee Marshall Second: Trustee Friend Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried 3 EXHIBIT 2017-006 page 2 of 15 Resolution #7771 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Joan Mangione as Treasurer for two official years. (4/2018) Motion: Trustee Friend Second: Trustee Woodard Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7772 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Linda Woodard as Deputy Treasurer for one official year. (4/2017) Motion: Trustee Biloski Second: Trustee Marshall Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7773 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Joan Mangione as Records Management Officer for one official year. (4/2017) Motion: Trustee Friend Second: Trustee Biloski Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7774 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Brent Cross as Building Commissioner for one official year. (4/2017) Motion: Trustee Marshall Second: Trustee Woodard Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7775 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Brent Cross as Stormwater Management Officer for one official year. (4/2017) Motion: Trustee Biloski Second: Trustee Marshall Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7776 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Brent Cross as Engineer for one official year. (4/2017) Motion: Trustee Friend Second: Trustee Marshall Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried 4 EXHIBIT 2017-006 page 3 of 15 Resolution #7777 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Brent Cross as Zoning Officer for one official year. (4/2017) Motion: Trustee Marshall Second: Trustee Friend Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7778 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Randall Marcus with the law firm of Barney, Grossman, et al as the Official Village Municipal Law Attorney for one official year. (4/2017) Motion: Trustee Friend Second: Trustee Marshall Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Appointment of attorneys to act on behalf of the Village in matters of Litigation and Labor matters is postponed. Resolution #7779 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of David Klein as Acting Village Judge for one official year. (4/2017) Motion: Trustee Biloski Second: Trustee Woodard Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7780 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Beatrice Szekely as Historian for one official year. (4/2017) Motion: Trustee Friend Second: Trustee Marshall Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7781 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Patricia Longoria as Deputy Historian for one official year. (4/2017) Motion: Trustee Biloski Second: Trustee Friend Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7782 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Andre Bensadoun as Forester for one official year. (4/2017) Motion: Trustee Marshall Second: Trustee Woodard Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried 5 EXHIBIT 2017-006 page 4 of 15 Resolution #7783 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Alison Shull as a Member of the Zoning Board of Appeals for five official years. (4/2015 - 4/2020) Motion: Trustee Biloski Second: Trustee Friend Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7784 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Rosemarie Parker as a Member of the Zoning Board of Appeals for five official years. (4/2015 - 4/2020) Motion: Trustee Marshall Second: Trustee Woodard Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7785 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Kirk Sigel as a Member of the Zoning Board of Appeals for five official years. (4/2021) Motion: Trustee Biloski Second: Trustee Marshall Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7786 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Mark Eisner as an Alternate on the Zoning Board of Appeals for one official year. (4/2017) Motion: Trustee Marshall Second: Trustee Friend Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7787 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Sue Manning as an Alternate on the Zoning Board of Appeals for one official year. (4/2017) Motion: Trustee Marshall Second: Trustee Friend Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7788 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Diedre Hay as Member on the Planning Board for five official years. (4/2021) Motion: Trustee Friend Second: Trustee Marshall Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried 6 EXHIBIT 2017-006 page 5 of 15 Resolution #7789 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Meloney McMurry as a Member on the Planning Board for five official years. (4/2021) Motion: Trustee Biloski Second: Trustee Friend Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7790 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Jenny Leijonhufvud as an Alternate Member on the Planning Board for one official year. (4/2017) Motion: Trustee Marshall Second: Trustee Woodard Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7791 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees approves the appointment of Wies Van Leuken as its representative on the Access Oversight Committee for one official year. (4/2017) Motion: Trustee Woodard Second: Trustee Biloski Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7792 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Roy Staley and Mayor Kate Supron to the Board of Directors of the Bolton Point Water Commission for one official year. (4/2017) Motion: Trustee Woodard Second: Trustee Friend Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7793 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Brian Eden to the Environmental Management Council for one official year. (4/2017) Motion: Trustee Friend Second: Trustee Marshall Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7794 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Mayor Kate Supron to the Board of Directors of Tompkins County Council of Governments (TCCOG) for one official year. (4/2017) Motion: Trustee Friend Second: Trustee Marshall Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Mayoral Appointment of an Alternate to the Board of Directors of Tompkins County Council of Governments (TCCOG) will be announced at a later date. 7 EXHIBIT 2017-006 page 6 of 15 Resolution #7795 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Peter Salton as a member of the Board of Directors for the Greater Tompkins County Municipal Health Insurance Consortium for one official year. (4/2017) Motion: Trustee Friend Second: Trustee Marshall Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7796 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Mayor Kate Supron as alternate on the Board of Directors for the Greater Tompkins County Municipal Health Insurance Consortium and for one official year. (4/2017) Motion: Trustee Biloski Second: Trustee Friend Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7797 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Clerk & Treasurer Joan M. Mangione as a member of the Greater Tompkins County Municipal Health Insurance Consortium Joint Committee for one official year. (4/2017) Motion: Trustee Woodard Second: Trustee Friend Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7798 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Maryann Friend to the Communications Committee for one official year. (4/2017) Motion: Trustee Woodard Second: Trustee Marshall Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7799 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Jennifer Biloski to the Communications Committee for one official year. (4/2017) Motion: Trustee Friend Second: Trustee Woodard Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7800 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Maryann Friend to the Human Resources Committee for one official year. (4/2017) Motion: Trustee Biloski Second: Trustee Marshall Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried 8 EXHIBIT 2017-006 page 7 of 15 Resolution #7801 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Jennifer Biloski to the Human Resources Committee for one official year. (4/2017) Motion: Trustee Marshall Second: Trustee Friend Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7802 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Jennifer Biloski to the Public Safety Committee for one official year. (4/2017) Motion: Trustee Marshall Second: Trustee Woodard Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7803 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Peter Salton to the Public Safety Committee for one official year. (4/2017) Motion: Trustee Friend Second: Trustee Marshall Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7804 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Linda Woodard to the Public Safety Committee for one official year. (4/2017) Motion: Trustee Marshall Second: Trustee Biloski Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7805 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Maryann Friend to the Public Works Committee for one official year. (4/2017) Motion: Trustee Marshall Second: Trustee Woodard Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resoluti on #7806 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of James Marshall to the Public Works Committee for one official year. (4/2017) Motion: Trustee Friend Second: Trustee Woodard Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried 9 EXHIBIT 2017-006 page 8 of 15 Resolution #7807 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Richard Robinson to the Public Works Committee for one official year. (4/2017) Motion: Trustee Biloski Second: Trustee Friend Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7808 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Jennifer Biloski to the Finance Committee for one official year. (4/2017) Motion: Trustee Friend Second: Trustee Woodard Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7809 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Richard Robinson to the Finance Committee for one official year. (4/2017) Motion: Trustee Marshall Second: Trustee Friend Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7810 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Linda Woodard to the Finance Committee for one official year. (4/2017) Motion: Trustee Biloski Second: Trustee Marshall Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7811 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of James Marshall as Planning Board Liaison for one official year. (4/2017) Motion: Trustee Woodard Second: Trustee Biloski Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7812 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Linda Woodard to the Information Technology Committee for one official year. (4/2017) Motion: Trustee Friend Second: Trustee Biloski Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried 10 EXHIBIT 2017-006 page 9 of 15 Resolution #7813 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Richard Robinson to the Information Technology Committee for one official year. (4/2017) Motion: Trustee Woodard Second: Trustee Friend Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7814 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Peter Salton to the Information Technology Committee for one official year. (4/2017) Motion: Trustee Biloski Second: Trustee Woodard Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7815 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Joan Mangione to the Information Technology Committee for one official year. (4/2017) Motion: Trustee Friend Second: Trustee Marshall Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried Resolution #7816 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of James Steinmetz to the Information Technology Committee for one official year. (4/2017) Motion: Trustee Marshall Second: Trustee Woodard Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried 5. Annual Resolutions (Exhibit 2017-003) a. The Village’s Official Newspaper Resolution #7817 WHEREAS: The Ithaca Journal has general circulation within the Village; and WHEREAS: The Ithaca Journal is not published in the village, but the Board of Trustees determines that it is broadly distributed with the Village; and WHEREAS: Designation of an official newspaper is generally effective for one year. THEREFORE BE IT RESOLVED THAT: That the Ithaca Journal is designated the official newspaper of record for the Village of Cayuga Heights Official Year beginning April 4, 2016. Motion: Trustee Woodard Second: Trustee Marshall Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried 11 EXHIBIT 2017-006 page 10 of 15 b. Rules of Procedure Resolution #7818 WHEREAS: New York State law does not establish meeting procedures for village boards of trustees; and WHEREAS: Village Law § 4-412 provides that the Board of Trustees may determine its own rules of procedure. THEREFORE BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees establishes the following Meeting Rules of Procedure: i. REGULAR MEETINGS: The date, location, and time for regular meetings of the Board of Trustees is established as the 3rd Monday of each month at Marcham Hall starting at 7:00 p.m. as follows: May 16th, June 20th, July 18th, Aug 15th, Sept 19th, Oct 17th ,Nov 21st, Dec 19th, 2016; Jan 17th, (Tuesday after Martin Luther King Day - held at the CHFD), Feb 20th, Mar 20th, Apr 3th, 2017 – Organizational meeting held the 1st Monday of April each year. a. SPECIAL MEETINGS: Special meetings of the Board of Trustees are all Board meetings other than Regular Meetings. A Special Meeting may be called by the Mayor or any Trustee member of the Board of Trustees by telephone, in person, or email at least 24 hours in advance of the meeting unless an emergency requires the meeting to be held on less than 24-hours’ notice. ii. QUORUM: A quorum of the Board of Trustees must be physically present to conduct business. A quorum is a majority of the total legally authorized membership of the body, regardless of vacancies or absences. Although a quorum is required to conduct a meeting, a majority vote of the total legally authorized membership of the body is still required to pass most measures. iii. EXECUTIVE SESSIONS: Executive sessions must be held in accordance with NYS Public Officers Law § 105. All executive sessions must be entered into by a motion made from a properly noticed and conducted open meeting. iv. AGENDAS: The agenda is to be prepared by the Clerk at the direction of the Mayor. The Mayor or any Trustee may have an item placed on the agenda. When possible, items for the agenda must be provided to the Clerk in writing or via email at least 24 hours before the meeting’s start time. The agenda must be prepared by noon on the day of the meeting. However, items may be placed on the agenda at any time. If necessary, a supplemental agenda may be distributed at the beginning of the meeting. v. VOTING: Pursuant to the New York State Village Law and General Construction Law, each member of the Board has one vote. The Mayor may vote on any matter but must vote in case of a tie. A majority of the totally authorized voting power is necessary to pass a matter unless otherwise specified by State law. A vote upon any question must be taken by ayes and nays, and the names of the members present and their votes must be entered in the minutes. vi. GENERAL RULES: a. The Mayor presides at the meeting. In the Mayor’s absence, the Deputy Mayor presides at meetings of the Board. The presiding officer may debate, move and take any action that may be taken by other members of the Board. Board members are not required to rise, but must be recognized by the presiding officer before making motions and speaking. b. Every motion must be seconded before being put to a vote: all motions must be recorded in their entirety in the Board’s minutes. c. Once recognized, a member may not be interrupted when speaking unless it is to call him/her to order. If a member is called to order, they must stop speaking until the question of order is determined, and, if in order, they must be permitted to proceed. There is no limit to the number of times a member may speak on a question. Motions to close or limit debate may be entertained and require a two-thirds vote to pass. vii. GUIDELINES FOR PUBLIC COMMENT: Privilege of the Floor guidelines are as established at January 9, 2012 Board of Trustee meeting as follows. 12 EXHIBIT 2017-006 page 11 of 15 13 EXHIBIT 2017-006 page 12 of 15 viii. MINUTES: a. The Clerk is responsible for taking the minutes of the board. Minutes must consist of a record or summary of all motions, proposals, resolution and any other matter formally voted upon and the vote thereon. Minutes must be taken of any executive action that is taken by formal vote. Executive session minutes must consist of a record or summary of the final determination of such action, and the date and vote thereon; provided, however, that such summary need not include any matter which is not required to be made public by the NYS Freedom of Information Law (FOIL). b. Minutes must also include the following: • Name of the Board; • Date, place and time of meeting; • Notation of the presence or absence of Board members and time of arrival or departure if different from time of call to order and adjournment; • Name and title of other village officials and employees present and the approximate number of attendees; • Record of communications presented to the Board; • Record of reports made by Board or other village personnel; and • Time of adjournment; and signature of Clerk or person who took the minutes if not the Clerk. c. Minutes may contain a summary of the discussion leading to action taken but should not include verbatim comments unless a majority of the Board resolves to have the Clerk do so. d. The Clerk is responsible for creating a draft of the minutes within the timeframe provided for under the New York State Open Meetings Law. The Board of Trustees approves the minutes at the next board meeting. Amendments to the Clerk’s minutes require approval of the Board of Trustees by a majority vote. ix. ORDER OF BUSINESS OF THE BOARD OF TRUSTEES: a. Call to order; b. Roll call; c. Approval of minutes of previous meeting; d. Report of officers and committees (Fire, Historian, Forester, as scheduled) e. Public comment period; f. Report of officers and committees (Mayor, Trustees, Police, Public Works, Clerk & Treasurer including Appropriations and Auditing); g. Attorney; and h. Adjournment x. GUIDELINES FOR USE OF RECORDING EQUIPMENT: All member of the public and all public officials are allowed to tape or video record public meeting. Recording is not allowed during executive sessions. Recording should be done in a manner which does not interfere with the meeting. The mayor may determine whether the recording is being done in an intrusive manner taking into consideration, but not limited to, brightness of lights, distance from the deliberations of the village board, size of the equipment, and the ability of the public to participate in the meeting. If the recording is determined to be intrusive and interferes with the meeting, the mayor may direct that the recording be stopped or undertaken in a different manner or location. xi. ADJORNMENT: Meeting may be adjourned by motion. xii. AMENDMENTS TO THE RULES OF PROCEDURE: The forgoing procedure may be amended from time to time by a majority vote of the Board. Motion: Trustee Marshall Second: Trustee Woodard Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried c. Depository Designation Resolution #7819 WHEREAS: the Board of Trustees has determined that Village Law § 4-412 (3) (2) requires the designation of banks or trust companies for the deposit of all village monies; THEREFORE BE IT RESOLVED THAT: Section 1. The Board of Trustees designates the Tompkins Trust Company, Ithaca, NY as official depository for all Village funds received by the Village Clerk & Treasurer and receiver of taxes for the Fiscal Year June 1, 2016 – May 31, 2017, with a maximum deposit of $4,500,000. 14 EXHIBIT 2017-006 page 13 of 15 Section 2. The Clerk is authorized to notify Tompkins Trust Company of the following names to be honored on checks for the Fiscal Year June 1, 2016 – May 31, 2017 with two signatures required for each check. Kathryn D. Supron, Mayor or Peter Salton, Deputy Mayor Joan M. Mangione, Clerk & Treasurer or Linda Woodard, Deputy Treasurer Section 3. This resolution is effective immediately. Motion: Trustee Friend Second: Trustee Biloski Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried d. Date and Time for Next Board of Trustees Meeting Resolution #7820 BE IT RESOLVED THAT: The date and time for the next Village of Cayuga Heights Board of Trustees Monthly Meeting is April 11, 2016 at Marcham Hall, starting at 7:00 p.m. Motion: Trustee Marshall Second: Trustee Woodard Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried e. Planning Board Meeting Schedule Resolution #7821 BE IT RESOLVED THAT: The date, location, and time for regular meetings of the Planning Board is established as the 4th Monday of the month at Marcham Hall starting at 7:00 p.m.: April 25th, May 23rd, June 27th, July 25th, Aug 22nd, Sept 26 th, Oct 24th, Nov 28 th, Dec 26th, 2016; Jan 23rd, Feb 27th, Mar 27th, 2017. Motion: Trustee Woodard Second: Trustee Marshall Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried f. Planning Board Meeting Schedule Resolution #7822 BE IT RESOLVED THAT: The date and time for regular meetings of the Zoning Board of Appeals is scheduled on an as needed basis (historically the 1st Monday of the month). Motion: Trustee Biloski Second: Trustee Friend Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried g. Code of Ethics Resolution #7823 BE IT RESOLVED THAT: The Mayor must insure that a copy of the Code of Ethics is distributed to each officer and employee of the village. In addition, the Village Mayor must insure that a copy of General Municipal Law §§ 800-809 is posted in each public building under the Village’s jurisdiction. Failure to either distribute or receive a copy of the local Code of Ethics does not affect an officer’s/employee’s duty to comply with the code, nor does it affect the enforcement of provisions of the code. Motion: Trustee Biloski Second: Trustee Friend Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried 15 EXHIBIT 2017-006 page 14 of 15 h. Advance Approval of Claims Resolution #7824 WHEREAS: The Board of Trustees has determined to authorize payment in advance of audit of claims for public utility services, postage, freight and express charges; and WHEREAS: all such claims must be presented at the next regular meeting for audit; and WHEREAS: the claimant and the officer incurring or approving the claim are jointly and severally liable for any amount that Board of Trustees disallows. THEREFORE BE IT RESOLVED THAT: Section 1. The Board of Trustees authorizes payment in advance of audit of claims for public utility services, postage, freights and express charges. All such claims must be presented at the next regular meeting for audit and the claimant and the officer incurring or approving the claim are jointly and severally liable for any amount of Board of Trustees disallows. Section 2. This resolution is effective immediately. Motion: Trustee Woodard Second: Trustee Friend Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried 6. Report of the Mayor a. Resolution of Gratitude to Sean Cunningham Resolution: #7825 IN APPRECIATION FOR OUTSTANDING PUBLIC SERVICE BY SEAN CUNNINGHAM WHEREAS, the Village Board of Trustees appointed Sean Cunningham to serve as the Alternate member of the Planning Board in September 2009, a position he held until June 2011; and WHEREAS, the Village Board of Trustees appointed Sean as a member of the Planning Board in June 2011, a position he held until March 2016; and WHEREAS, Sean’s input over these years was very valuable, THEREFORE BE IT RESOLVED, the Village of Cayuga Heights Board of Trustees recognizes and appreciates Sean Cunningham’s service to the Village of Cayuga Heights Planning Board. Motion: Trustee Marshall Second: Trustee Friend Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays and Abstentions: none Motion carried b. Proposed Local Law 2016-B: Override Tax Levy Cap for FYE2017 (Exhibit 2016-108) The Board discussed the passing a tax levy cap override provision again this year. Resolution #7826 BE IT RESOLVED THAT: The Proposed Local Law B of 2016: Override tax cap is passed. VILLAGE OF CAYUGA HEIGHTS LOCAL LAW B OF THE YEAR 2016 A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows: Section 1 Legislative Intent: It is the intent of this local law to allow the Village of Cayuga Heights to adopt a budget for the fiscal year commencing in 2016 that requires a real property tax levy in excess of the tax levy limit as defined by General Municipal Law §3-c. Section 2 Authority: This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c which expressly authorizes a local governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body. 16 EXHIBIT 2017-006 page 15 of 15 Section 3 Tax Levy Limit Override: The Board of Trustees of the Village of Cayuga Heights, County of Tompkins, is hereby authorized to adopt a budget for the fiscal year commencing in 2016 that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c. Section 4 Severability: If a court determines that any clause, sentence, paragraph, subdivision or part of this local law or the application thereof to any person firm or corporation or circumstance is invalid or unconstitutional the court order or judgment shall not affect impair or invalidate the remainder of this local law but shall be confined in its operation to the clause sentence paragraph subdivision or part of this Local Law or in its application to the person individual firm or corporation or circumstance directly involved in the controversy in which such judgment or order shall be rendered. Section 5 Effective Date: This Local Law shall take effect immediately upon filing with the Secretary of State. Motion: Trustee Woodard Second: Trustee Friend Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays & Abstentions: none Motion carried c. Proposed Budget for Fiscal Year beginning June 1, 2016 and ending May 31, 2017 Capital projects funding is an area of the budget yet to be established. Stormwater control on Winthrop Drive is a complex problem; several homes experience flooding due to the topography of the area. No definitive solution is apparent since the village has no authority to perform work on private property. Additional discussion is postponed on the Proposed Budget until Trustees Robinson and Salton are available. d. Deer Management Reports Since the beginning of the Village’s program, deer population has been reduced by 70%. Detailed reports on the year ’s population control activities from Cornell and White Buffalo have been received and are posted on the website. The Village has the most successful deer population control program in the United States according the Cornell’s Paul Curtis and White Buffalo’s Tony DeNicola. A yearly expenditure of $25,000 to maintain a desirable deer population is the program cost target. Resolution #7827 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees accepts the annual deer population reports from White Buffalo and Cornell University. Motion: Trustee Woodard Second: Trustee Friend Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, and Woodard Nays & Abstentions: none Motion carried Mayor Supron adjourned the meeting at 8:24 p.m. 17 EXHIBIT 2017-031 page 1 of 3 Minutes VILLAGE OF CAYUGA HEIGHTS Monday, April 11, 2016 Marcham Hall BOARD OF TRUSTEES 7:00 p.m. MONTHLY MEETING Present: Mayor Supron; Trustees: Biloski, Friend, Marshall, Robinson, Salton, and Woodard; Fire Superintendent Tamborelle; Superintendent of Public Works Cross; Police Chief Steinmetz; Clerk & Treasurer Mangione; Attorney Marcus. Call to Order: Mayor Supron calls the meeting to order at 7:06 p.m. 7. Public Hearing on the Village of Cayuga Heights Preliminary Budget June 1, 2016 – May 31, 2017 No members of the public are in attendance. The Public Hearing is ended. 8. Approval of Meeting Minutes: March 21, 2016 postponed until transcription complete. 9. Approval of Special Meeting Minutes: April 4, 2016 postponed until transcription complete. 10. Justice Court Annual Report 2015 Village Justice Glenn G. Galbreath presents the report to the Board of Trustees and highlights key statistics. Case numbers and collections are down. Alcohol related offences have increased. The full report is available on the Cayuga Heights website (www.cayuga-heights.ny.us/Text%20and%20PDFs/JUSTICE/JustRpt2015.PDF). Justice Galbreath was appointed to the Tompkins County Council of Governments (TCCOG) committee to study town and village courts. It is determined that they are as inexpensive as they can be. The net cost to the Village of Cayuga Heights is approximately $5,000. The next lowest municipal court net expense is $23,000. The study continues to look for ways to improve the quality and uniformity of the justice system. A common issue is that many justices are not attorneys. He also sits on the Advisory Committee on Judicial Ethics; he is the only town or village justice on the committee. Travel to New York City seven times a year is required for these meetings. 11. Report of Fire Superintendent Tamborelle (Exhibit 2017-007) During the reconstruction of the front pad at the Fire Station, the trucks are facing the rear door of the fire station bays. 6. Privilege of the Floor (PoF) No members of the public are in attendance. 13. Report of the Mayor a. Tompkins Consolidated Area Transit (TCAT) Bus Routes A long simmering dispute with TCAT exists concerning a bus route through the Village which drives past the back entrance of the Cayuga Heights Elementary School. Bill Gray is now the TCAT Board Chair. Mayor Supron hopes he may be more amenable to rerouting away from the school and requests the Board’s approval to discuss solutions with Mr. Gray. It is advisable that if a bus is observed breaking a traffic law that one should call TCAT immediately so that identification of the driver is possible. Resolution #7828 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees supports efforts to discuss routing changes and other permissible subjects with TCAT Board Chair Bill Gray by the Mayor. Motion: Trustee Marshall Second: Trustee Robinson Ayes: Mayor Supron, Trustees Friend, Marshall, Robinson, and Woodard Nays: Salton Abstentions: none Motion carried b. April Meeting Schedule – Abstract approval Resolution #7829 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees schedules a Special Meeting at 9:00 a.m. on Monday April 18, 2016 in Marcham Hall for the purpose of monthly abstract approval. Motion: Trustee Woodard Second: Trustee Salton Ayes: Mayor Supron, Trustees Friend, Marshall, Robinson, Salton, and Woodard Nays and Abstentions: none Motion carried Trustee Jennifer Biloski joins the meeting at 7:55 p.m. 18 EXHIBIT 2017-031 page 2 of 3 c. Fiscal Year Ending May 31, 2017 Preliminary Budget Each Capital project is reviewed prior to inclusion on the Preliminary Budget. Resolution #7830 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees establishes the tax rate of $6.46/1000 and approves the Preliminary Budget as discussed. Motion: Trustee Woodard Second: Trustee Biloski Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, Robinson, and Woodard Nays: Trustee Salton Abstentions: none Motion carried 14. Report of the Trustees a. Legal Counsel for Human Resources Matters: Trustee Salton has reviewed the proposals received and presents them to the Board. Selection of a law firm can be delayed with the exception of upcoming Teamsters negotiations. Resolution #7831 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes Mayor Supron, Trustee Salton, and Attorney Marcus to determine which attorney will represent the Village in upcoming Teamsters negotiations. Motion: Trustee Friend Second: Trustee Salton Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, Robinson, Salton, and Woodard Nays & Abstentions: none Motion carried b. Lakeview Cemetery: Trustee Friend reports that she and Melonie McMurray met with the cemetery board. They are receptive to the idea of opening their walks as a public walkway. The Lakeview Cemetery charter is to be reviewed for compliance. Ms. McMurry is tasked with follow-up. The Town of Ithaca is willing to sign onto a Safe Routes to School grant application. 15. Report of Police Chief Steinmetz a. Following an accident at the Department of Public Works which involved a full-time officer there are three of the five full-time officers unable to work. There are now difficulties filling all shifts. A former full-time officer with the Village Police Department has recently retired from the Tompkins County Sheriff’s Department. Tompkins County Personnel and Civil Service regulations specify that no part-time officer can work more than 1040 hours during the year or earn more than one half of the gross pay of the lowest paid full-time officer. Resolution #7832 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes an additional part-time officer’s position to be filled by Michael St. Angelo working at least forty (40) hours per week during the period made necessary by regular full-time officers’ disability leave and workers compensation leave or for approximately four (4) months. Motion: Trustee Woodard Second: Trustee Friend Discussion: Trustee Salton will work with Chief Steinmetz to prepare a Memorandum of Understanding with the Cayuga Heights Police Benevolent Association with advice from Attorney Oliver Blaise with the firm of Coughlin & Gerhart LLP. Ayes: Mayor Supron, Trustees Biloski, Friend, Marshall, Robinson, Salton, and Woodard Nays & Abstentions: none Motion carried b. The Village Police Department is under contract with the Town of Ithaca Court to provide an officer during their court sessions. Judge David Klein has returned to the bench and he prefers to have an officer in attendance. Chief Steinmetz asks for the Board’s permission to discuss cancellation or suspension of the contract He is granted authority to discuss solutions; no formal action seems necessary at this point. 19 EXHIBIT 2017-031 page 3 of 3 16. Report of the Superintendent of Public Works Some road work has begun to be performed for the season. Work on replacement of the front concrete pad at the fire station continues. Superintendent Cross issued a certificate of occupancy for Hope’s today. On April 6, 2016 NY State Department of Building Codes recently adopted the International Building Codes standard requirement of carbon monoxide detectors in all non-residential as well as residential structures. Cornell University reports that this retrofit will cost approximately $3,000,000. 17. Report of the Treasurer Bank to book reconciliation has been performed by Deputy Treasurer Linda Woodard. Mayor Supron adjourned the meeting at 9:10 p.m. 20 EXHIBIT 2017-032 page 1 of 1 Minutes VILLAGE OF CAYUGA HEIGHTS Monday, April 18, 2016 Marcham Hall BOARD OF TRUSTEES 9:00 a.m. SPECIAL MEETING Present: Mayor Supron; Trustees: Biloski, Friend, Marshall, Robinson, Salton, and Woodard; Clerk & Treasurer Mangione Call to Order: Mayor Supron calls the meeting to order at 9:00 a.m. Resolution #7833 BE IT RESOLVED THAT: Abstract #11 for FYE2016 consisting of TA vouchers 98 - 106 in the amount of $17,369.95 and Consolidated Fund vouchers 807 - 888 in the amount of $172,105.46 is approved and the Treasurer is instructed to make payments thereon. Motion: Trustee Salton Second: Trustee Woodard Ayes: Mayor Supron, Trustees Friend, Marshall, Robinson, Salton, and Woodard Nays and Abstentions: none Motion carried Resolution #7834 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes Mayor Supron and Clerk & Treasurer Mangione to sign a contract with Planet Technologies, a State and Local Microsoft Partner for one year of Microsoft hosting of Outlook email and Microsoft Office Suite. Motion: Trustee Woodard Second: Trustee Friend Ayes: Mayor Supron, Trustees Friend, Marshall, Robinson, Salton, and Woodard Nays and Abstentions: none Motion carried Mayor Supron adjourned the meeting at 9:20 a.m. 21 EXHIBIT 2017-033 page 1 of 1 Resolution of Appreciation Presented Here 22 EXHIBIT 2017-034 page 1 of 1 July 15, 2016 Honorable Linda Woodard Board of Trustees Village of Cayuga Heights Monthly Report June 2016 The fire department ran 45 calls in June. There were 21 calls in the Village of Cayuga Heights, 18 calls in the Town of Ithaca and 6 mutual aid requests. We had 22 EMS responses and 23 fire calls. The month started with an incident on Highland Road in which an individual on a moped struck a moving vehicle while not wearing any safety equipment. The individual was found to have injuries that led us to make the decision to airlift the patient to a trauma center. Fire department EMTs worked closely with Bangs Ambulance to stabilize the patient for transport to the landing zone that we had set up at Jessup Field. We did have several mutual aid calls through the month to help our neighbors with fire and EMS coverage while they were involved with other incidents. We contacted the family of a resident on Tareyton Drive and they have since been able to make arrangements for supportive care for their father. This has decreased the number of times that we need to visit that location. Training has slowed down for the summer. We are still doing a couple of community CPR classes each month for any local groups that are looking for CPR training. We fully encourage CPR awareness in the community and our instructors are dedicated to provide the training to all who request it. In June our Assistant Rescue Director Griselda Velado, who skates for the Bluestockings team of the Ithaca League of Women Rollers, did two classes for the league at the station. EMS training in June focused on initial patient assessment and transfer of care to the ambulance crew. We did have a low angle ropes training scheduled for an all-day session on June 11th on the hillside beside the DPW on Sheldon Road. We found out before the training that the hillside is owned by Cornell and we did not have their permission to use the area so we postponed that training until we can find another location. July will be busy with trainings on new equipment. We will be training on our new airbag lift system, the new Zoll cardiac monitor and the new E203. We kicked off “Movies at the Station” on June 28th with a showing of Top Gun. The movie was well attended by a slightly older crowd of movie goers. It was a fan favorite. Our food truck for much of the summer will be Dos Amigos. These folks make fantastic tacos and enchiladas and were very well received by those attending. We decided that through the summer we will do a movie every other week for the younger crowd and start at 7:15 from a screen inside the truck bays. This will allow families to see the movie and get the little ones home for a decent bed time. The outside showings cannot start until after 8:30 in the evening after the sun dips below the horizon. Our second movie was The Lion King and was very well attended. We are still waiting for delivery of the new KME engine. We were hoping for a mid-June delivery but the truck has been delayed until early July. We do have most of the equipment to be mounted on the truck at the station. We will be working with KME on the penalty that will be applied after delivery of the unit. At the time of this report the truck is currently in Buffalo at the vendor’s facility getting the radios and loose equipment installed. It has been a busy summer so far for the department with decreased staffing but we are getting the calls covered. We always look forward to the return of our out of town members this time of the year. Sincerely, George Tamborelle Fire Chief/Fire Superintendent 23 EXHIBIT 2017-035 page 1 of 4 (KENDAL) LICENSE AGREEMENT THIS LICENSE AGREEMENT (the “License”) is made as of the __ day of July, 2016, by and between the Village of Cayuga Heights, a New York municipal corporation having offices at 836 Hanshaw Road, Ithaca, New York 14850 (“Licensor”), Kendal at Ithaca, a New York not-for profit corporation, having an address at 2230 N. Triphammer Road, Ithaca, New York 14850 (“Licensee”). WHEREAS, Licensee is the owner of certain premises in the Town of Ithaca, Village of Cayuga Heights, County of Tompkins, State of New York described in more particular detail in the deed to Licensee recorded in the Tompkins County Clerk’s Office on September 4, 2003 as Instrument No. 439230-001 (“Licensee’s Premises”); and WHEREAS, Licensor is the owner of certain premises located adjacent to the east of Licensee’s Premises, constituting a westerly portion of the right of way of North Triphammer Road, and described in more particular detail in the deed to Licensor recorded in said Clerk’s Office in Liber 831 of Deeds, at page 110_ (“Licensor’s Premises”), and WHEREAS, Licensee desires to locate on Licensor’s Premises an entrance sign for Licensee’s facilities located on Licensee’s Premises (the “Sign”), in such location as is shown on Sheet 1 entitled TWLA Additions and Alterations incorporated herein by reference and attached hereto as Exhibit A, dated June 13, 2016 (the “Drawing”). WHEREAS, Licensee desires to obtain from Licensor a license to allow Licensee to install and maintain the sign on Licensor’s Premises; and WHEREAS, Licensor desires to grant a revocable license to Licensee to use the area of Licensor’s Premises shown on the Drawing to install and maintain the sign (the “License Area”) in accordance with the terms and conditions set forth in the Agreement; and WHEREAS, Licensee desires to accept from and make use of, in accordance with the terms and conditions set forth in this Agreement, a revocable license to use the License Area; NOW, THEREFORE, Licensor and Licensee, for good and valuable consideration, the mutual receipt and legal sufficiency of which are hereby acknowledged, hereby agree as follows: 1. Licensor hereby grants to Licensee a revocable license, in accordance with all of the terms and conditions stated herein, to use the License Area for the installation and maintenance of the sign, and solely for such purpose. For so long as this License remains in effect, Licensee shall not enlarge, extend, alter or modify the sign or place, install or locate any other improvement in the License Area. If any maintenance or repair of the sign is to be performed by Licensee, such work shall be performed under the supervision of Licensor’s Superintendent of Public Works. 2. The license granted herein shall be revocable at Licensor’s option at any time, upon delivery by Licensor of written notice of such revocation to Licensee at Licensee’s address stated above, or at such other address as Licensor has been instructed in writing to deliver such notice. Notwithstanding anything to the contrary herein, and in addition to all of the rights of Licensor hereunder, it is hereby acknowledged, understood and agreed that in the case of emergency of other similar circumstances dictating immediate action (including those circumstances under which Licensor is unable to provide written notice of revocation of the license granted herein), Licensor may enter upon the License Area, as well as Licensee’s Premises, if and to the extent necessary to remove some or all of the sign, and take any other action deemed necessary and/or appropriate under the circumstances. Licensor will use its reasonable best efforts to provide prior notice of its intent to exercise such emergency rights. If such prior notice is not given, Licensor will use its reasonable best efforts to provide notice as soon as possible after it exercises its emergency rights hereunder. Under any and all circumstances, and notwithstanding anything to the contrary herein, the failure to provide either of the foregoing notices shall not be deemed to be a breach of this License by Licensor, and Licensor shall have no liability related thereto. 3. This License shall remain in full force and effect in perpetuity provided that Licensor has not revoked the license provided herein or neither party hereto has delivered to the other a written notice terminating this License. In addition thereto, this License shall terminate if and when the location of 24 EXHIBIT 2017-035 page 2 of 4 Licensee’s sign on Licensor’s Premises no longer exists, including, but not limited to, upon the voluntary or involuntary permanent removal of such encroachment in accordance with the terms and provisions hereof. 4. In the event that the encroachment of Licensee’s sign is removed, voluntarily or involuntarily, Licensee shall not be permitted to replace such encroachment without the prior written consent of Licensor. If in fact such consent is granted and Licensee is thereafter permitted by Licensor to partially or fully restore such encroachment, the cost of such restoration shall be borne solely by Licensee and such restored encroachment shall thereupon and thereafter continue to be subject to all of the terms and provisions of this License. 5. This License provides for the grant by Licensor of a license to Licensee and not of a lease of any kind. The relationship established by this License between Licensor and Licensee is that only of licensor and licensee and not that of lessor and lessee. The License granted hereunder shall not be construed as an easement nor as a right-of-way across Licensor’s Premises. 6. Immediately upon revocation of termination of this License, Licensee shall, at Licensee’s sole cost and expense, remove the sign from the License Area. If Licensee fails to do so promptly, Licensor will have the right to do so, and Licensee will be responsible for any expense incurred by Licensor in doing so. 7. Licensee shall use the License Area in accordance with this License only for installation and maintenance of the sign. Licensee shall not suffer or permit the use of the License Area for any other purpose or by any other person. 8. Licensee shall not be obligated to pay any sum of money as a license fee for the use of the License Area in accordance with this License. 9. Licensee shall defend, indemnify and hold Licensor (including its elected officials, employees and contractors) harmless from and against any and all costs, claims, actions, expenses, charges, liabilities and obligations, including, but not limited to reasonable attorneys’ fees, which arise as a result of or in any way in connection with (i) the creation of the license contained herein (ii) the exercise of the rights granted hereunder by Licensee and/or Licensee’s guests, invitees, agents, contractors or any other parties permitted by Licensee to gain access to the License Area and/or Licensor’s Premises or Licensee’s Premises, and (iii) any act or omission of Licensee and/or Licensee’s guests, invitees, agents, contractors or any other parties permitted by Licensee to gain access to the License Area and/or Licensor’s Premises and/or Licensee’s Premises. In addition thereto, Licensee shall reimburse Licensor for any and all costs that Licensor may incur, including, but not limited to, reasonable attorneys’ fees, arising out of the enforcement of this Agreement. This paragraph 9 shall survive the termination of this Agreement. 10. Licensee, at its sole cost and expense, shall procure and maintain on the License Area and any portion of Licensor’s Premises which Licensee may use to access the License Area, general liability insurance covering bodily injury and property damage with combined (including umbrella coverage) limits of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against liability arising out of or in connection with the use or occupancy of the License Area or Licensor’s Premises by Licensee, Licensee’s guests, invitees, agents, contractors or any other parties permitted by Licensee to gain access to the License Area and/or Licensor’s Premises and/or Licensee’s Premises, all as provided for herein. Licensor shall be named as an additional insured on Licensee’s policy or policies. Licensee shall provide to Licensor one or more certificates of insurance evidencing the coverage required by this Section prior to initially exercising any rights under this License and prior to each policy renewal period for such coverage. Each such certificate shall confirm that Licensor is named as an additional insured and shall further provide that Licensor shall be given no less than thirty (30) days written notice prior to any material change in or cancellation of such coverage. 11. This License (i) constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof, (ii) supersedes all prior agreements, understandings and 25 EXHIBIT 2017-035 page 3 of 4 arrangements, both oral and written, between the parties hereto with respect to such subject matter, and (iii) may not be modified in any way unless by a written instrument executed by all parties. The waiver by any party hereto of a breach or violation of any term or provision of this License shall not operate or be construed as a waiver of any subsequent breach or violation. If any court of competent jurisdiction holds any provision of this License invalid or unenforceable, the other provisions of this License will remain in full force and effect. Any provision of this License held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. Licensee shall execute and deliver such other documents and perform such other acts as may, from time to time, be reasonably required by Licensor to give full force and effect to the intent and purpose of this License. 12. Licensee shall deliver to Licensor, along with the fully executed copy of this document, a check payable to the Tompkins County Clerk’s Office in the amount necessary to record this document and index it to the deed to Licensee’s Premises. Licensor shall undertake such recording. IN WITNESS WHEREOF, Licensor and Licensee have executed this agreement as of the date first set forth above. LICENSOR: Village of Cayuga Heights By: ______________________________ Linda Woodard, Mayor LICENSEE: Kendal at Ithaca By: ________________________________ Daniel Governanti, Executive Director 26 EXHIBIT 2017-035 page 4 of 4 STATE OF NEW YORK ) COUNTY OF TOMPKINS )ss.: On the day of ____ in the year 2016 before me, the undersigned, a Notary Public in and for said State, personally appeared Linda Woodard, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF TOMPKINS )ss.: On the day of in the year 2016 before me, the undersigned, a Notary Public in and for said State, personally appeared Daniel Governanti, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 27 EXHIBIT 2017-035 ATTACHMENT 1 28 EXHIBIT 2017-035 ATTACHMENT 2 29 EXHIBIT 2017-036 page 1 of 1 b. Appointments: Anita Watkins has submitted her resignation from the Zoning Board of Appeals. BE IT RESOLVED THAT: The Board of Trustees of the Village of Cayuga Heights accepts the resignation of Anita Watkins from the Zoning Board of Appeals. David Rutherford is appointed as a Member of the Zoning Board of Appeals. BE IT RESOLVED THAT: The Board of Trustees of the Village of Cayuga Heights approves the appointment of David Rutherford as a Member on the Zoning Board of Appeals. Katherine Durant is appointed as an Alternate on the Zoning Board of Appeals. BE IT RESOLVED THAT: The Board of Trustees of the Village of Cayuga Heights approves the appointment of Katherine Durant as an Alternate on the Zoning Board of Appeals. 30 EXHIBIT 2017-037 page 1 of 1 i. Roadside Brush Trimming As shown on the Village brochure and on the Village website: Brush Pruning – For public safety, property owners must keep brush pruned along streets and sidewalks. When overhanging brush has not been pruned before June 1 in the spring and before October 15 in the fall, DPW crews will do the job. Brush needs to be pruned no less than 12 ½ feet overhanging streets and no less than 8 feet overhanging sidewalks. Background: In the course of the annual work that the DPW performs, the Village right-of-way, (ROW) both vehicle and pedestrian, are kept clear of obstructions. This often includes trimming of trees and bushes which grow over the road and sidewalks. Some of the obstruction comes from vegetation within the ROW and some come from vegetation on private property. Multiple methods, both active and passive have been tried to alert property owners of their responsibility to maintain the brush from interfering with the public ROW. Currently there is the notice on the Village brochure which is distributed from the Clerk’s office and displayed on the website (see above). The level of effort necessary to notify homeowners is a challenge and needs to be balanced with the cost to all property owners for the benefit of some homeowners. 31 EXHIBIT 2017-038a page 1 of 4 July 11, 2016 To: The Honorable Mayor Woodard Members of the Board of Trustees Village of Cayuga Heights Re: Report of the Police Department for June, 2016 In the month of June the police department received 457 calls for service. In addition to these calls 74 uniform traffic tickets were issued and 1 parking violation was cited. A breakdown of the calls for service is as follows: There was one Felony complaint of Burglary reported. A resident reported that when she returned to her home after being away for a year, she found that her two sets of sterling silver flatware was missing. There is a suspect in this case and the investigation is ongoing. 4 Penal Law Misdemeanor complaints were handled; all Larceny-Thefts from a Motor Vehicle. In all 4 complaints residents stated that their unsecured vehicles had been entered without permission in the overnight hours. Items reported missing included electronic devices, loose change, and sunglasses. There are no suspects at this time. Residents have been advised to lock their vehicles in the future. 6 vehicle and traffic stops led to 6 misdemeanor charges including: 1-DWI, 1- Operating a MV with .18 of 1% of alcohol in the blood, 1- Operating a MV with .08 of 1% of alcohol in the blood, and 3-Aggravated Unlicensed Operation of a MV 3rd. 4 Penal Law Violations were reported, 2 for Trespass and 2 for Drugs. The 2 Trespass complaints were reported by residents stating that their unsecured vehicle had been rummaged through overnight. No items were reported missing. There are no suspects in these incidents. After investigation of 2 vehicle and traffic stops officers found subjects in the vehicles to be in possession of marijuana and charges were filed. Both subjects were arrested for unlawful possession of marijuana. 12 Local Law violations were received, 4 for Noise, 2 for Soliciting, 3 for Care of Property, and 3 for Dog Control. After investigation of the 4 Noise complaints 1 was for 4 teenagers walking around the village yelling and arguing. A parent was contacted and the 4 subjects were turned over without incident. In another complaint, the officer was not able to locate the reported noise. In the third complaint a resident reported a loud garbage truck that was picking up trash during the village’s quiet hours. In the final complaint for noise the resident stated he had heard the same alarming noise from a neighboring property for a few days. Upon officer’s investigation the noise was coming from construction on a nearby property but was not in violation of the village ordinance. The construction business was advised to not begin work before 0700 hours daily. In one of the soliciting complaints subjects were found to be canvassing the village administering religious information. As this type of canvassing is not a violation of the Village’s local law the subjects were encouraged to respond to the police department to register their information and free to continue. The second soliciting complaint was for a pest control service. Officers advised the subject to register with the Police Department before continuing their distribution within the village. The subjects chose to leave the area. 3 Care of Property incidents occurred in which residents were notified of their lawn being beyond the length specified in the village ordinance. All homeowners did follow up with the care of their property and no citations were issued. 3 dog complaints were handled, 1 for a barking dog 32 EXHIBIT 2017-038a page 2 of 4 and the other for 2 unleashed dogs. In the first incident the owner of the barking dog was contacted and a civil agreement was worked out between the complainant and dog owner. In the first of the 2 unleashed dog incidents the owner was notified of the village’s dog control ordinances and advised that the citations would be issued pending future complaints. The complainant in the second unleashed dog complaint sought charges and the dog owner was arrested under the village’s Local Law Dog Control-Unleashed Dog. 2 Warrant arrests were made. In one arrest CHPD officers we able to locate a subject who had an active arrest warrant. An appearance ticket was issued for the subject to appear at the next court session. The subject appeared as directed. The second arrest took place when a CHPD officer came into contact with a subject which showed an active bench warrant out of another agency. The presiding agency was notified and the suspect was turned over without incident. There were 9 Motor vehicle accidents investigated, none of which involved deer. There were no other deer incidents reported. In summary, 8 persons were arrested and the following 11 charges were filed: 3-Aggravated Unlicensed Operation of a MV 3rd, 2- Unlawful Possession of Marijuana, 2- Police Officer Execute Bench Warrant, and 1-LL Dog Control Unleashed Dog. Over the course of this month police department members took part in the following trainings and events: On the 18th officers assisted with traffic control during a half marathon that was partially routed through the village. On the 28th officers attended Range for qualification of the Long Gun. The full time officers worked a total of 18.5 hours of overtime and the part time officers worked a total of 496 hours. Sincerely, Chief James Steinmetz EXHIBIT 2017-037b CAYUGA HEIGHTS POLICE DEPARTMENT June 2016 Total Traffic Citation Report, by Violation Violation Description Totals_ 7D LL#1-96 OVERNIGHT PARKING 1 Report Totals 1 33 EXHIBIT 2017-038c page 3 of 4 CAYUGA HEIGHTS POLICE DEPARTMENT Uniform TRAF Tickets 6/1/16 to 6/30/16 Date Offense Mph/Mph Zone Location 6/11/16 1110a Disobey Traf Control Device Rt 13 North Bound 6/11/16 1110a Disobey Traf Control Device 600 Blk Cayuga Heights Rd 6/25/16 1110a Disobey Traf Control Device Pleasant Grove Rd 6/25/16 1110a Disobey Traf Control Device Pleasant Grove Rd 6/25/16 1110a Disobey Traf Control Device Pleasant Grove Rd 6/2/16 1180d Speed In Zone Hanshaw Rd 6/2/16 3816 Unapproved/No Protective Helmet Mcy Highland Rd 6/2/16 4101 Unreg Motorcycle Highland Rd 6/2/16 3191u Operating Wo Insurance Highland Rd 6/2/16 1128c Failed To Use Designated Lane Highland Rd 6/2/16 1180a Speed Not Reasonable & Prudent Highland Rd 6/6/16 4011a Unreg Motor Vehicle Pleasant Grove A Lot 6/7/16 1110a Disobey Traf Control Device Highgate Rd 6/8/16 37540 Inadequate Or No Stop Lamps E. Upland Rd 6/15/16 3752a1 No/Inadequate Lights N. Triphammer Rd 6/16/16 3191u Operating Wo Insurance Pleasant Grove Rd 6/22/16 1110a Disobey Traf Control Device Hanshaw Rd 6/22/16 5111a Agg Unlic Op 3rd (Misd) Hanshaw Rd 6/22/16 5092 Operating Out Of Class Hanshaw Rd 6/22/16 4011a Unreg Motor Vehicle Hanshaw Rd 6/24/16 3752a1 No/Inadequate Lights Pleasant Grove Rd 6/30/16 4023 Unreg Trailer Cayuga Heights Rd 6/30/16 1180d Speed In Zone Cayuga Heights Rd 6/30/16 306b Uninspected Motor Vehicle Cayuga Heights Rd 6/30/16 5111a Agg Unlic Op 3rd (Misd) Cayuga Heights Rd 6/2/16 1180b Speed Over 55 Zone St Rt 13 6/2/16 3752a3 No/Insufficient Tail Lamps Hanshaw Rd 6/2/16 306b Uninspected Motor Vehicle 5/16 Hanshaw Rd 6/9/16 1110a Disobey Traf Control Device Pleasant Grove Rd 6/9/16 37540 Inadequate Or No Stop Lamps Pleasant Grove Rd 6/9/16 37540 Inadequate Or No Stop Lamps N Triphammer Rd 6/9/16 1110a Disobey Traf Control Device Pleasant Grove Rd 6/9/16 1110a Disobey Traf Control Device Pleasant Grove Rd 6/9/16 1225c2a Op Mv- Mobile Phone N Triphammer Rd 6/9/16 306b Uninspected Motor Vehicle St Rt 13 6/15/16 1180d Speed In Zone Triphammer Rd 6/22/16 1110a Disobey Traf Control Device N Triphammer Rd 6/23/16 1180b Speed Over 55 Zone St Rt 13 6/23/16 5091 Unlicensed Operator St Rt 13 6/24/16 1180b Speed Over 55 Zone St Rt 13 6/24/16 11923 Driving While Intoxicated (Misd) St Rt 13 6/24/16 11922 Driv'g W/.08 Of 1% Or More Of Alc (Misd) St Rt 13 6/24/16 11922aa Agg Dwi-Blood Alcohol Content .18 Or Higher St Rt 13 6/29/16 3752a3 No/Insufficient Tail Lamps St Rt 13 6/5/16 306b Uninspected Motor Vehicle North Triphammer 6/26/16 306b Uninspected Motor Vehicle Sr/ 13 -S 6/26/16 1180d Speed In Zone Pleasant Grove Rd 6/26/16 5091 Unlicensed Operator Pleasant Grove Rd 6/26/16 1144a Fld/Yld Rt-Of-Way To Emerg Vehicle Pleasant Grove Rd 6/2/16 1110a Disobey Traf Control Device N Triphammer Rd 34 EXHIBIT 2017-038c page 4 of 4 CAYUGA HEIGHTS POLICE DEPARTMENT Uniform TRAF Tickets 6/1/16 to 6/30/16 Date Offense Mph/Mph Zone Location 6/6/16 1110a Disobey Traf Control Device Hanshaw Rd 6/8/16 1110a Disobey Traf Control Device Pleasant Grove Rd 6/9/16 1110a Disobey Traf Control Device Triphammer Rd 6/10/16 1110a Disobey Traf Control Device Pleasant Grove Rd 6/10/16 1110a Disobey Traf Control Device Pleasant Grove Rd 6/10/16 1110a Disobey Traf Control Device Hanshaw Rd 6/13/16 1110a Disobey Traf Control Device Pleasant Grove Rd 6/15/16 1110a Disobey Traf Control Device Cayuga Heights Rd 6/15/16 1110a Disobey Traf Control Device Cayuga Heights Rd 6/15/16 1110a Disobey Traf Control Device Hanshaw Rd 6/15/16 1110a Disobey Traf Control Device Hanshaw Rd 6/17/16 1110a Disobey Traf Control Device Cayuga Heights Rd 6/17/16 1110a Disobey Traf Control Device Cayuga Heights Rd 6/20/16 1110a Disobey Traf Control Device Hanshaw Rd 6/20/16 1110a Disobey Traf Control Device Triphammer Rd 6/22/16 1110a Disobey Traf Control Device Pleasant Grove Rd 6/23/16 1110a Disobey Traf Control Device Hanshaw Rd 6/23/16 1110a Disobey Traf Control Device Hanshaw Rd 6/24/16 1110a Disobey Traf Control Device N Triphammer Rd 6/24/16 1110a Disobey Traf Control Device Triphammer Rd 6/30/16 1110a Disobey Traf Control Device Cayuga Heights Rd 6/14/16 306b Uninspected Motor Vehicle Cayuga Heights Rd 6/14/16 1110a Disobey Traf Control Device Cayuga Heights Rd 6/14/16 3191u Operating Wo Insurance Cayuga Heights Rd 35 EXHIBIT 2017-039a page 1 of 3 36 EXHIBIT 2017-039b page 2 of 3 37 EXHIBIT 2017-039b page 3 of 3 38 EXHIBIT 2017-040a page 1 of 4 VILLAGE OF CAYUGA HEIGHTS CLERK & TREASURER’S REPORT JULY 18, 2016 1. Communication: A traditional print newsletter will be mailed to residents during August. 2. Reporting: The Annual Update Document (AUD) is due on or before July 31, 2016. It is nearing completion 3. Budget: Budget revisions for Fiscal Year Ending 2016 closed. There are no known Budget modifications needed for Fiscal Year Ending 2017. 4. Debt: BAN renewal 5. Insurance: a. A claim has been submitted for damages at the Wastewater Treatment Plant. b. A claim was submitted and withdrawn for damages to a police vehicle. The estimate was $46 over the $1,000 deductible. It was determined that the potential adverse effect on insurance rates outweighed the $46. 6. Revenues & Expenditures: Due to work on the AUD and limitations of the accounting software, the June reconciliation is delayed until later in the month. 7. Current Expenses - Unaudited Abstract #002 dated July 18, 2016 as distributed. 8. Approval of July Abstract – BE IT RESOLVED THAT: Abstract #002 for FYE2017 consisting of TA vouchers 6 - 10 in the amount of $15,630.27 and Consolidated Fund vouchers 60 - 148 in the amount of $339,435.68 is approved and the Treasurer is instructed to make payments thereon. Respectfully submitted, Joan M. Mangione 39 EXHIBIT 2017-040b page 2 of 4 40 EXHIBIT 2017-040c page 3 of 4 41 EXHIBIT 2017-040c page 4 of 4 42 EXHIBIT 2017-041 Resolution to Leave Open Session for Executive Session: WHEREAS: The NYS Open Meeting Law §105 prescribes matters for which a public body may conduct an executive session; and, WHEREAS: Upon a majority vote of its total membership, taken in an open meeting pursuant to a motion identifying the general area or areas of the subject or subjects to be considered; and, WHEREAS: The conduct an executive session for these enumerated purposes only, provided, however, that no action by formal vote shall be taken to appropriate public moneys: THEREFORE BE IT RESOLVED THAT: An Executive Session of the Village of Cayuga Heights Board of Trustees is conducted for the purposes of subsections (e) collective negotiations pursuant to article fourteen of the civil service law and (f) the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation.