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Home My WebLink About10.20.2021_Minutes1 Minutes VILLAGE OF CAYUGA HEIGHTS Wednesday, October 20, 2021 Marcham Hall BOARD OF TRUSTEES 7:00 p.m. MONTHLY MEETING Zoom Link 4118425407 Present: Trustees: Hubbell, Marshall, Rennekamp, Robinson and Salton; Police Chief Wright, Village Engineer Cross; Director of Public Works Wiese; Village Clerk Walker; Treasurer Laskaris; Attorney Marcus. Absent: Trustee McMurry. 1. Call to Order: Mayor Woodard calls the meeting to order at 7:00 p.m. 2. Privilege of the Floor: Vice President of Cornell University Relations, Joel Melina, Gary Stewart, Kate Supron, Susan Reily from the Community Relations Team as well as Diane Miller from Federal Relations Office and Karen Brown from the Cornell Student Life Division present a summary of Cornell University’s approach to managing COVID-19. •Cornell’s Joel Melina also states that Phase 1 of the North Campus Residential Expansion (NCRE) is complete, and Phase 2 is on track to be completed in the summer of 2022. 3. Approval of Meeting Minutes: September 15, 2021 Resolution # 9049 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the September 15, 2021, Meeting Minutes as presented. Motion: Trustee Rennekamp Second: Trustee Salton Ayes: Trustees: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp Nays: none Abstentions: Mayor Woodard; Trustees: Robinson and Salton Motion Carried 4. Report of Fire Superintendent Tamborelle: Submitted Report (Exhibit 2022-072) ·Fire Superintendent Tamborelle states that the fall 2022 recruit class is down to 9 recruits. ·The roofing contractor found that a ten-foot section of the ridge vent was missing. It was repaired and the leak has stopped. ·Fire Superintendent Tamborelle states that Bolton Point, as part of their three-year rotation, will test and perform maintenance of all the fire hydrants this spring. Every ten years Bolton Point will flow test hydrants at the request of the municipality. The Village will also purchase some pressure relief valves and have them installed on the frequently used hydrants at the fire department. ·Trustee Salton asks who will be responsible for monitoring the progress when Bolton Point works though the Village. ·Fire Superintendent Tamborelle states that either Director of Public Works Wiese or himself will be responsible. Bolton Point will also share their GIS maps of the water infrastructure in the Village. 2 ·The new ladder truck is still scheduled to be delivered in the middle of January. 5. Report of Treasurer Laskaris: ·Treasurer Laskaris states that the Police Equipment (A3120.200) original budget included the BWC annual fee of $11,298. This amount was moved to the Special Grants Fund along with the donation to support the program. The original total of $12,378 was reduced by $11,298 leaving $1,080. Since only $533.10 had been spent in A3120.200, it didn't flag as an issue. Chief Wright was working on the assumption that he had $1,500 in this account which is a reduction from $2,000 in FYE2021. Resolution # 9050 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves an increase of $420 in the Public Safety Police – Equipment (A3120.200) account to be funded from General Fund Contingency currently with a balance of $100,000. Motion: Trustee Robinson Second: Trustee Hubbard Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none ·Police Chief states that he appreciates the Board acknowledging the budget oversight from what he originally requested at the Annual Budget Workshop. Motion Carried ·Trustee Robinson asks Treasurer Laskaris if the Current Daily Yield is 0.0251% as shown in her exhibit represents the yield for the whole month or just a portion. The Board determined that the $23.42 represents a monthly yield. Treasurer Laskaris states that she will now need to distribute funds into the water, sewer, and special grants accounts within NYCLASS. Approval of Abstract # 5 Resolution # 9051 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves Abstract #5 for FYE2022 consisting of TA vouchers 29 - 37 in the amount of $23,953.31 and Consolidated Fund vouchers 300 - 393 in the amount of $309,621.16 and the Treasurer is instructed to make payments thereon. Motion: Trustee Salton Second: Trustee Rennekamp Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried ·B. Cross states that it was discovered that the Blue Heron (General Contractor for the WWTP) payment application for October was not included in this abstract. This was not a Village mistake but an oversight by Blue Heron. They understand that we cannot pay an invoice outside of the normal abstract. 6. Report of Mayor Woodard: 3 a. Public Hearing on Proposed Local Law C of 2021-Sewer Rate. ·Mayor Woodard opens the Public Hearing at 7:47 p.m. ·Mayor Woodard closes the Public Hearing at 7:47 p.m. ·Bolton Point Water Commission has enacted a water rate increase of 3.0% starting January 2022. ·The Village Finance Committee is also recommending a 3% increase to the Village sewer rate. Resolution # 9052 BE IT RESOLVED THAT: the Village Board of Trustees adopts Proposed Local Law C of 2021 as Local Law 3 of 2021 A LOCAL LAW TO AMEND THE ANNUAL SEWER RATES IN ACCORDANCE WITH SECTION 226-29 OF THE VILLAGE OF CAYUGA HEIGHTS CODE Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows: Section I. PURPOSE The purpose of this Local Law is to establish annual sewer rates of $3.46/1,000 gallons consumed for inside users and a rate of $5.20/1,000 gallons used for outside users, in accordance with Section 226-29 of the Village of Cayuga Code. Section II. AUTHORITY This Local Law is enacted pursuant to the grant of powers of local governments provided for in (i) Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provisions of the New York State Constitution or 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, (ii) General Municipal Law Article 14-F, (iii) General Municipal Law Sections 451 and 452, and (iv) Village Law Article 14. Section III. ESTABLISHMENT OF SEWER RATES As of January 1, 2022, annual sewer rates shall be established at a rate of $3.46/1,000 gallons used for the treatment of wastewater originating from properties located within the Village and a rate of $5.20/1,000 gallons used for the treatment of wastewater originating from properties located outside of the Village. Section IV. SUPERSEDING EFFECT All Local Laws, 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. Section V. VALIDITY The invalidity of any provision of this Local Law shall not affect the validity of any other provision of this Local Law that can be given effect without such invalid provision. 4 Section VI. 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 Clerk, and showing the date of its passage and entry in the Minutes of the Village Board of Trustees. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried ·Clerk Walker asks the Board for a Resolution to accept the Bolton Point 3% water rate increase for 2022 and establish a 2022 Village of Cayuga Heights rate. Resolution # 9053 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Mayor Woodard to increase the annual water rate from $10.77 to $10.94 per 1000 gallons consumed starting January 1, 2022. Motion: Trustee Rennekamp Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried b. COVID-19: At the last Tompkins County Health Department meeting the Village was informed that if a municipality wanted to perform surveillance testing for employees, then the County would cover the cost. The Village Board of Trustees recognizes that some employers are requiring vaccination as a term of employment and would like to consider two options. One - mandate vaccinations or file an exemption or two - mandatory testing twice a week for any employee who is not vaccinated. ·Mayor Woodard states that it is likely that New York State may require this for any municipality that accepts state funding and then this discussion would be a moot point. ·Mayor Woodard believes there are fewer than four employees who are not vaccinated. ·Trustee Rennekamp inquires if the Village would pay for the time an employee used to get tested. Mayor Woodard states that the Tompkins County Health Department will provide the PCR test to Clerk Walker and he will manage this process. ·Clerk Walker asks if this new process is for current employees or for any future employees. Mayor Woodard states it will be mandatory for any new employees. 5 ·Trustee Robinson states that the Board has an obligation to the Village residents to make sure that any Village employee who deals with the public should be vaccinated. ·Trustee Marshall asks Mayor Woodard, “Are you are going to ask employees to be tested if they admit they are not vaccinated or cannot prove otherwise?” ·Mayor Woodard states that we will require proof of vaccination or that employees will need to begin testing twice a week. ·Director of Public Works M. Wiese states that he feels uncomfortable asking for any medical documentation that is not appropriate for him to ask for. Trustee Hubbell states that OSHA must have input or guidance on public safety in the workplace surrounding COVID-19. Superintendent of Public Works Cross states that OSHA has no role in the public service. We would fall back to Public Employee Safety Health (PESH). ·Trustee Salton states that we need to either have non-vaccinated employees test weekly or require mandatory vaccination for all employees. He also states that we need to have proof and manage testing for those who do not provide proof of vaccination. ·Trustee Salton also states that he is aware of legal questions that helped compile decisions for religious or medical exemptions from vaccination. Cornell is offering to share the list that they use as a deciding factor. ·Trustee Hubbell is comfortable with mandating testing for all employees who are not vaccinated or face termination for not following through with the testing. ·Police Chief J. Wright states that what he is hearing from the Board tonight is for those not vaccinated then the Board will require vaccination and failure to get vaccinated will result in termination. ·Mayor Woodard states again, we might not have a choice if the state mandate is ordered by our Governor. ·The Board proposes a resolution that all Village employees show her their vaccination card or, on November 1, 2021, begin testing two times a week (Tuesday and Thursday) with a PCR saliva test. Refusal to do either will result in termination. ·Village Clerk Walker states that the Village Administrative Committee is meeting next Tuesday and will compose and discuss the details of a Village COVID-19 Vaccination Policy. ·Village Attorney R. Marcus states that there is no advantage to waiting for the Board to pass a resolution before putting in place a plan. He would be more concerned from a legal perspective of claims against the Village by someone that has been infected by a Village employee that was not vaccinated than a legal claim against the Village from an employee grievance. Resolution: 9054 BE IT RESOLVED THAT the Village of Cayuga Heights Board of Trustees approves and authorizes the mandating of all Village of Cayuga Heights employees to be vaccinated against COVID-19 or submit to COVID-19 weekly testing program as an effort to reduce the public health crisis. FURTHER, BE RESOLVED THAT proof of vaccination shall be presented to Mayor Woodard and if the employee is not vaccinated then that employee will provide proof of the first vaccination shot by November 1st, 2021 or for the employee not willing to get vaccinated, they will begin a PCR saliva test every Tuesday and Thursday of the week they work provided by Tompkins County. This is a requirement 6 of employment and failure to comply is grounds for termination from the Village of Cayuga Heights ·Clerk Walker states that the Village Administrative Committee will draft a policy similar to the Town of Ithaca or Tompkins County. ·Mayor Woodard states that if we need to set up a special Board of Trustees Meeting next week, we can. Motion: Trustee Salton Second: Trustee Hubbell Ayes: Deputy Mayor McMurry; Trustees: Hubbell, Marshall, Rennekamp, and Salton Nays: none Abstentions: none Discussion: ·Police Chief Wright confirms with the Board that this mandate will begin on November 1, 2021. The Board confirms that will be the case. ·Trustee Salton suggests an amendment to this resolution to push the start date back to November 9, 2021, since it is likely the Board will need to hold another meeting before November 1, 2021. It is also likely that questions will arise that our Village Department Heads cannot answer since a policy is not in place. ·Trustee Robinson states that the only part of a policy the is not really in place is the disciplinary side of this mandate. ·Director Wiese states that having Mayor Woodard as the sole contact to answer questions on this subject should be enough. ·The Board agrees that Mayor Woodard will reach out to each employee over the next few days and collect proof of vaccination and answer any questions the staff might have about this new mandate. ·Trustee Salton’s motion is tabled. ·Trustee Marshall asks to confirm that the consequences of non-compliance will be termination. The Board confirms and agrees. Motion Carried c. Streetlight Maintenance Contract: As a final stage of the NYPA LED project, the Village will now have a LED maintenance contract. ·Trustee Robinson states that nothing has changed in the contract from what was previously presented. ·B. Cross states that he would like to know the process of selecting the company that will be performing the maintenance. He also feels like we should be part of that decision. ·Mayor Woodard states that next week there is a streetlight maintenance kickoff meeting and could ask them at that meeting. ·Trustee Salton states that he cannot support a resolution authorizing Mayor Woodard to sign the contract without exploring a local workforce and therefore we should table this discussion. ·Trustee Robinson suggests that the Board could support a resolution and authorize Mayor Woodard to sign the NYPA LED maintenance contract contingent on the results of answers from the streetlight maintenance contract kickoff meeting next week. 7 Resolution: 9055 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes Mayor Woodard to sign the LED Streetlight Maintenance Contract through NYPA after questions have been satisfied on who is providing the work for the Village. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, and Robinson Nays: Salton Abstentions: none Motion Carried d. Avangrid GRT Settlement: NYCOM has announced the Computel Consultants had reached an agreement with Avangrid (parent company of NYSEG) over their policy of excluding “delivery only” revenues from local Gross Receipts Tax Payments to municipalities. ·Village Attorney R. Marcus states that the recommended changes that he suggested to this contract have been incorporated. ·Mayor Woodard states that the Village will receive around $3000 in this settlement. Resolution: 9056 This SETTLEMENT AND RELEASE AGREEMENT (hereafter, the “Settlement Agreement”) is entered into and made effective as of 20th day of October 2021, between New York State Electric & Gas Corporation (“NYSEG”) and the Village of Cayuga Heights, New York (“Cayuga Heights”). NYSEG and Cayuga Heights are hereinafter sometimes referred to individually as a “Party” or together as the “Parties”. WHEREAS, pursuant to New York’s General City Law Section 20-b or New York’s Village Law Section 5-530 as applicable, Cayuga Heights is authorized to impose a local gross receipts tax (“Municipal Tax”) of up to 1% on NYSEG’s gross revenue from transactions originated or consummated within Cayuga Heights’s territorial limits; WHEREAS, the Parties disagree as to whether Section 20-b of the General City Law and Section 5-530 of the Village Law, as applicable, authorize the imposition of Municipal Tax on revenue received from customers within Cayuga Heights’s territorial limits where such customers take delivery service from NYSEG but receive commodity service from a third-party provider, and whether NYSEG should 8 have, in prior periods, been collecting the Municipal Tax from said customers and remitting the proceeds to Cayuga Heights (the “Dispute”); WHEREAS, NYSEG’s prior tariffs expressly prohibited the collection of local gross receipts tax from customers that take delivery (or transportation) service from NYSEG but receive commodity service from a third-party provider; WHEREAS, on May 17, 2019 NYSEG filed a petition proposing revisions to its tariffs to allow for the charging/collection of the Municipal Tax on transmission and delivery service related to customers who receive commodity service from third-party providers; and WHEREAS, on September 19, 2019 the Commission issued an Order Approving Tariff Filings with Modifications (the “Order”), whereby the Commission approved the proposed tariff revisions, but required deletion of the “on a prospective basis only” language contained in NYSEG’s Petition and NYSEG modified its tariff language as required by the Order; WHEREAS, Cayuga Heights had initiated an audit of NYSEG related to the Municipal Tax and/or the Dispute and as of the date hereof, that audit remains open and it is the intention of Cayuga Heights to close the audit upon the Parties’ execution of this Settlement Agreement; WHEREAS, Cayuga Heights, along with certain other cities and villages (together with Cayuga Heights, the “Represented Municipalities”), has engaged Computel Consultants (“Computel”) as its agent for all matters related to the Municipal Tax and the Dispute; WHEREAS, contemporaneously with this Settlement Agreement, NYSEG and NYSEG’s affiliate, Rochester Gas and Electric Corporation (“RG&E”, and together with NYSEG, the “Companies”) and Computel have entered into a separate settlement agreement (the “Computel Agreement”) whereby RG&E and/or NYSEG or another affiliate of NYSEG and RG&E shall pay a combined total of Seven Hundred Fifty Thousand Dollars ($750,000) (the “Settlement Amount”) to Computel to fully and finally resolve and settle the Represented Municipalities’ claims for Municipal Tax on gross revenues from transactions completed prior to the date NYSEG begins collection of Municipal Tax pursuant to paragraph 7 of this Settlement Agreement; WHEREAS, RG&E and NYSEG shall each pay a share of the Settlement Amount as 9 determined by RG&E and NYSEG in their sole discretion (the “RG&E Share” and “NYSEG Share” as applicable) and the sum of the RG&E Share and the NYSEG Share shall equal the Settlement Amount; WHEREAS, pursuant to the Computel Agreement, the Companies provided Computel with percentage allocations for the Represented Municipalities, and Computel shall allocate a portion of the Settlement Amount to Cayuga Heights in accordance with those percentage allocations; WHEREAS, the amount to be apportioned to Cayuga Heights is three thousand dollars ($3,000) (the “Cayuga Heights Payment”); and WHEREAS, the Parties desire to settle and resolve the Dispute without resort to litigation or legal proceedings, and without admission of fault or liability; NOW, THEREFORE, in consideration of the mutual agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto, intending to be legally bound hereby stipulate and agree as follows: 1. Cayuga Heights will deliver an executed copy of this Settlement Agreement to NYSEG for execution. Promptly upon receipt of this executed Settlement Agreement, the executed Settlement Agreements of the other Represented Municipalities and the executed Computel Agreement, NYSEG will execute this Settlement Agreement. Within ten (10) business days after execution of this Settlement Agreement, NYSEG shall pay the NYSEG Share of the Settlement Amount to Computel by electronic funds transfer. 2. Pursuant to the Computel Agreement, within ten (10) business days of receipt of the NYSEG Share of the Settlement Amount, Computel shall pay Cayuga Heights the Cayuga Heights Payment. 3. Cayuga Heights hereby releases and forever discharges NYSEG and its present, former and future directors, officers, trustees, lenders, representatives, employees, attorneys, advisors, agents, stockholders, partners, members, affiliates, predecessors, legal representatives, successors and assigns, from any and all claims, damages, liabilities, actions, complaints, causes of action, judgments, etc., whether at common law, equitable, or statutory in nature, whether in court, arbitration or other forum 10 that Cayuga Heights ever had, now has, or hereafter can, shall or may have, arising by reason or in respect of or related to the Dispute (the “Release”). For the avoidance of doubt, the Release covers only Cayuga Heights’s claims for Municipal Tax on gross revenue from transactions completed prior to the date NYSEG begins collection of Municipal Tax pursuant to paragraph 7 of this Settlement Agreement, and any claims relating to or arising from the agreement to collect and remit Municipal Tax set forth in paragraph 7 of this Settlement Agreement are not covered by or subject to the Release. 4. Cayuga Heights hereby closes and will take all action necessary to formally close the audit described in the above recital. 5. The Release stated herein shall be effective upon payment by NYSEG of the NYSEG Share of the Settlement Amount, notwithstanding whether Computel has paid or ever will pay the Cayuga Heights Payment to Cayuga Heights and Cayuga Heights agrees that it shall have no recourse from NYSEG if Computel is late or does not ever pay the Cayuga Heights Payment. 6. The Parties hereto agree not to commence or file, or cause, contribute or assist others to commence or file any complaint, or make any claim by any action, suit or proceeding, or voluntarily participate in any action, suit or proceeding, or pursue any remedy, arising out of, related to, or in connection with the Municipal Tax or the Dispute. 7. As soon as is practicable after execution of this Settlement Agreement, NYSEG shall, on behalf of Cayuga Heights, begin the process pursuant to its Tariff of collection of Municipal Tax from residents of Cayuga Heights that receive energy transportation or delivery service fromNYSEG and receive their energy commodity from a third-party energy services company. NYSEG will file with the Public Service Commission the statement required by its Tariff within 45 days of the date of payment of the Settlement Amount pursuant to paragraph 1 of this Settlement Agreement and will make good faith commercially reasonable efforts to begin collection of the Municipal Tax as soon as is practicable. NYSEG will remit said proceeds to Cayuga Heights in accordance with its applicable tariff provisions. 8. Cayuga Heights represents and warrants to NYSEG that it has: (i) read and fully understands this Settlement Agreement, and (ii) consulted with counsel to the extent deemed necessary prior to the execution 11 and delivery of this Settlement Agreement. 9. The terms and conditions of this Settlement Agreement and the existence of this Settlement Agreement, shall remain confidential. Cayuga Heights, its employees, agents, counsel and/or other representatives, including the New York Conference of Mayors, that have a need to know of this Agreement and its terms shall not discuss or disclose to any third party any matters concerning (including its existence) this Settlement Agreement, except in accordance with applicable law. 10. This Settlement Agreement shall be governed by and construed in accordance with the laws of the State of New York, without reference to its principles of conflicts of law. Any litigation arising out this Settlement Agreement, other than those brought before the New York Public Service Commission, are to be venue in the courts of Monroe County, New York. 11. This Settlement Agreement may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Signatures to this Agreement transmitted by facsimile or electronic mail shall be valid and effective to bind the Party so signing. 12. This Settlement Agreement may not be amended, supplemented, or otherwise modified except by a written instrument signed by each of the Parties hereto. 13. This Settlement Agreement constitutes the entire agreement of the Parties in connection with the Dispute. Any prior communications by the Parties, whether written or oral, pertaining to or made in connection with this Settlement Agreement shall have no binding force and effect. 14. No provision of this Settlement Agreement shall be deemed waived by either Party, unless in writing signed by the party granting the waiver. 15. This Settlement Agreement is a negotiated settlement agreement, and the resolution of the issues or the manner in which such issues were resolved shall have no precedential effect with respect to any future issues relating to the Municipal Tax. Neither this Settlement Agreement nor anything contained herein, nor any action taken by the Parties in performance of their obligations hereunder, shall be construed as evidence of the validity of any claim asserted by any Party, nor an admission of the same by any Party. 12 Motion: Trustee Rennekamp Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: None Abstentions: none Motion Carried e. Appointment of Laura Dolch as Village Treasurer: Village Treasurer J. Laskaris will be retiring by the end of this fiscal year. ·Mayor Woodard would like to appoint Laura Dolch as Village Treasurer. Resolution 9057 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes Mayor Woodard to appoint Laura Dolch as the Village Treasurer with an annual salary of $33,000 subject to a successful background check. motion: Trustee Rennekamp Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: None Abstentions: none Motion Carried f. Kline Road By-Pass Update: A live demonstration of the bypass was conducted last week. ·Mayor Woodard states that, after the demonstration, she had a conversation with Cynthia Brock from the City of Ithaca about finalizing the agreement. Currently, that is being drafted by Susan Brock. ·Mayor Woodard states that the goal of the bypass is to completely eliminate any sewage that would have to go to the Ithaca Wastewater Treatment Facility. ·Trustee Robinson suggests that an alarm be installed in the weir for the times that debris collects on the bypass. B. Cross states that this would be a good use of the Smart Cities Grant Money the Village was awarded as part of the NYPA LED project. 7. Report of the Trustees: No report at this time. 8. Report of Police Chief Wright: Submitted Report (Exhibit 2022-076) ·Chief Wright states that, over the course of the month, officers took part in the following event: On the 8th and the 21st, Officers conducted Commercial Vehicle Inspections. On the 16th and the 24th, officers took part in Special Traffic Details, including one that took place with members of another police agency. ·The two new part-time officers will start their field training program by the end of the month. 13 9. Report of Director of DPW Wiese: Submitted Report (Exhibit 2022-077) ·Director Wiese states that he would like to fill the vacant laborer position with seasonal worker Josh Randall. Resolution 9058 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes hiring Josh Randall as a full-time laborer at the current contracted Teamster Labor rate subject to a successful background check. motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: None Abstentions: none Motion Carried ·Director Wiese states that leaf pickup will continue as needed through December 15, 2021. 10. Report of Village Engineer Cross: a. Water Modeling Project: ·B. Cross states that we have received a scope of services proposal from TG Miller to prepare a water distribution system evaluation report that is based on an updated model for the Sheldon Road tank grid (previously studied in 2006) and for the portion of the village that lays in the Christopher Circle tank grid. The price for this study is to be billed hourly with a not-to-exceed amount of $20,000. ·This price includes costs to update a model that has been provided by the Town of Ithaca Engineering Dept which will save time in the long run and avoid developing the model from scratch. As required to run the model, Bolton Point will need to provide hydrant flow/pressure tests at 12 locations (as determined by TGM). It has been confirmed that there will be no charge for these hydrant tests. Resolution 9059 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes Mayor Woodard to sign the T.G. Miller Contract once the recommended changes have been updated to the contract in the amount of $20,000 and Village Attorney R. Marcus has approved the new contract. motion: Trustee Robinson Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: None Abstentions: none Motion Carried b. Tompkins County All-Hazard Mitigation Plan: The Planning Department of TC has prepared a multi- 14 jurisdictional mitigation plan that was been submitted to the NYSDEC for approval to receive grant funding for the individual projects. ·To be eligible for the grant money, each municipality must adopt the plan by resolution. The draft/sample resolution has been provided. Resolution 9060 WHEREAS, the Village of Cayuga Heights, with the assistance from Consultant X,has gathered information and prepared the Tompkins County Multi-Jurisdictional Hazard Mitigation Plan; and WHEREAS, the Tompkins County Multi-Jurisdictional Hazard Mitigation Plan has been prepared in accordance with the Disaster Mitigation Act of 2000; and WHEREAS, the Village of Cayuga Heights is a local unit of government that has afforded the citizens an opportunity to comment and provide input in the Plan and the actions in the Plan; and WHEREAS, the Village of Cayuga Heights has reviewed the Plan and affirms that the Plan will be updated no less than every five years. NOW, THEREFORE, BE IT RESOLVED by the Village of Cayuga Heights Board of Trustees adopts the Tompkins County Multi-Jurisdictional Hazard Mitigation Plan as this jurisdiction's Natural Hazard Mitigation Plan and resolves to execute the actions in the Plan. motion: Trustee Hubbell Second: Trustee Rennekamp Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: None Abstentions: none Motion Carried c. Fire Inspector: The Village needs to fill the position of part-time fire inspector. ·B. Cross states that the position was advertised through Tompkins County Personnel and only two applications were received. He reached out to both candidates but was only able to interview one of them. B. Cross recommends hiring Chris Hamilton who is a full-time fire firefighter at the IFD and a former fire inspector at the Village of Trumansburg and the City of Ithaca. ·The Board will discuss the employment of Chris Hamilton in the Executive Session. d. WWTP Phase 3: GHD Engineers have provided a scope of service proposal to study the next series of potential projects at the WWTP being called Phase 3. ·B. Cross states that this study will result in an Engineer’s Report that is needed for the Village to submit a grant application when the next round of funding program(s) come along. The fee for this study is to be billed by the hour with a not-to-exceed amount of $85,000. Resolution 9061 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes 15 Mayor Woodard to sign the GHD Contract once the recommended changes have been updated to the contract in the amount of $85,000 and Village Attorney R. Marcus has approved the new contract. motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: None Abstentions: none Motion Carried e. Borg Warner Industrial Permit: GHD Engineers have been working on this project for several years. The most recent efforts are to prepare a new Sewer Discharge Permit that is compliant with Borg Warners new Reverse Osmosis Filtration process. ·B. Cross states that the Borg Warner has recently become designated by the USEPA as a categorical metal finishing industry. Since the original agreement with GHD contemplated more of an overall WWTP “headworks” study, the amount of effort has accumulated over several years such that the current work will exceed the original proposal(s). ·GHD is asking for an additional $5,000 (to be billed hourly) to be added to the current project. It is important to note that Borg-Warner is responsible for the reimbursement of these expenses. Resolution 9062 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes Mayor Woodard to sign the GHD Contract amendment for GHD to continue work on the Borg-Warner industrial sewer discharge permit with funding an additional $5,000. motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: None Abstentions: none Motion Carried f. IAWWTP Discharge Limits: GHD Engineers have been helping give technical support to the Village for consideration of how the Industrial Pretreatment regulations of the IAWWTP should be integrated into the Village Sewer Use Ordinance. This process is a result of the original 2003 Intermunicipal Sewer Agreement that required the signing of a "plant to plant" agreement. Due to some shifting of focus (by the Town of Lansing) within the subsequent elections, the industrial discharge limits and plant to plant agreement(s) were never completed. Due to the recent verbal agreement on the new Kline Road re-diversion configuration, the IAWWTP has made it a condition that this work is done as was originally contemplated almost 20 years ago. It is not clear how much effort will be needed by GHD Engineers to support the Village's efforts to get through the Industrial Pretreatment and Plant to Plant Agreement. ·Mayor Woodard states that the City of Ithaca will be drafting language that then the Board can review in the future. g. Culvert Right-Sizing Project: The final plans for the project have been completed. TG Miller is “standing by” for approval to put the project out for bid. They have submitted a final design report and 16 plans/specs to be dated 10/20/21. ·B. Cross states that the most recent cost estimate is that the additional cost of the inlet improvement on the new inlet/outlet ROW’s will be offset by the savings of not having to jackhammer as much bedrock out to bury the culverts deeper. As a reminder, there are 11 total cross culvert locations, with an estimated combined cost of $765,000. ·Many of the 11 sites will need negotiation of Easement Agreements (possible 24) to allow the Village to extend the inlets/outlets beyond the traditional 50’ wide ROW. This part of the work is in process, and we should have the initial communication/reaction of all of the property owners by the November meeting. ·Trustee Salton asks if there will be a cost increase to this project if we run into property owners objecting to this project? ·B. Cross states that yes, but it is not clear on where the increases will be. 11. Report of Clerk Walker: Submitted Report (Exhibit 2022-082) ·Clerk Walker reports that the only action items he has tonight are approving the Greater Tompkins County Municipal Health Insurance Consortium. Resolution 9063 WHEREAS, the Village of Cayuga Heights (municipality) is a Participant in the Greater Tompkins County Municipal Health Insurance Consortium (the "Consortium"), a municipal cooperative organized under Article 47 of the New York Insurance Law, and WHEREAS, the municipal participants in the Consortium, including this body, have approved and executed a certain Municipal Cooperation Agreement (the "Agreement"; effective date of October 1, 2010), WHEREAS, Article 47 of the New York Insurance Law (the "Insurance Law") and the rules and regulations of the New York State Department of Financial Services set forth certain requirements for governance of municipal cooperatives that offer self-insured municipal cooperative health insurance plans, and WHEREAS, the Agreement sets forth in Section Q2 that continuation of the Consortium under the terms and conditions of the Agreement, or any amendments or restatements thereto, shall be subject to Board review and upon acceptance of any new Participant hereafter, and WHEREAS, by motion 001-2021 the Consortium's Board of Directors recommends approval of the 2022 Amended Agreement, and WHEREAS, the Municipal Cooperative Agreement requires that amendments to the agreement be presented to each participant for review and adopted by its municipal board, WHEREAS, the Village of Cayuga Heights is in receipt of the proposed amended Agreement and has determined that it is in the best interest of its constituents who are served by the Consortium to amend the Agreement as set forth in the attached 2022 Amended Municipal Cooperative Agreements, NOW THEREFORE BE IT RESOLVED, that the Village of Cayuga Heights approves and authorizes the Chief Executive Officer to sign the 2022 Amendment to the Municipal Cooperative Agreement of the Greater Tompkins County Municipal Health Insurance Consortium, and 17 RESOLVED, further, that the Clerk of the Village of Cayuga Heights is hereby authorized to execute this Resolution to indicate its approval, transmit a copy thereof to the Board of Directors of the Greater Tompkins County Municipal Health Insurance Consortium, and take any other such actions as may be required by law. motion: Trustee Salton Second: Trustee Rennekamp Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: None Abstentions: none Motion Carried ·Village Clerk Walker reports that the new Village website should be complete by the second week in November. 12. Report of Attorney Marcus: ·Village Attorney R. Marcus states that he was tasked to research proof that all of Cayuga Heights road that spans the fifty-foot width is owned by the Village as part of the Cayuga Heights Road sidewalk project application. He can confidently state yes, the Village does own all portions. 13. Executive Session: Resolution 9064 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 money: THEREFORE, BE IT RESOLVED THAT An Executive Session of the Village of Cayuga Heights Board of Trustees is conducted for the purposes of subsection (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. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried Resolution 9065 BE IT RESOLVED THAT: The Village Board of Trustees exits the executive session and returns to 18 the open meeting. Motion: Trustee Salton Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried Resolution: 9066 BE IT RESOLVED THAT: The Board of Trustees approves and authorizes the hiring of Chris Hamilton as the Village Fire Inspector at the hourly rate of $20 per hour subject to a successful background check and proof of vaccination against Covid-19. Motion: Trustee Robinson Second: Trustee Salton Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, McMurry, Rennekamp, Robinson, and Salton Nays: none Abstentions: Motion Carried Resolution: 9067 BE IT RESOLVED THAT: The Board of Trustees approves and authorizes the Hiring of Terrance Opray as a second laborer at the current contracted hourly rate. subject to a successful background check and proof of vaccination against Covid-19. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, McMurry, Rennekamp, Robinson, and Salton Nays: none Abstentions: Motion Carried ·Trustee Hubbell states for the record that his historic oak tree fell last week and will have to be removed. This tree was one of the oldest trees in the Village. Adjournment: Mayor Woodard adjourns the meeting at 10:20 p.m. 19 20