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HomeMy WebLinkAbout01.19.2022_Minutes 1 Minutes VILLAGE OF CAYUGA HEIGHTS Wednesday, January 19, 2022 Zoom Meeting ID # 4118425407 BOARD OF TRUSTEES 7:00 p.m. MONTHLY MEETING Present: Mayor Woodard; Trustees: Hubbard, Marshall, McMurry, Rennekamp, Robinson, and Salton; Police Chief Wright; Village Engineer Cross; Director of Public Works Wiese; Clerk Walker; Treasurer Dolch; Attorney Marcus. 1. Call to Order: Mayor Woodard calls the meeting to order at 7:03 p.m. 2. Approval of Meeting Minutes: December 15, 2021 (Exhibit 2022-103) Resolution # 9095 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the December 15, 2021, meeting minutes as presented. Motion: Trustee McMurry Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, McMurry, Rennekamp, and Robinson Nays: none Abstentions: Motion Carried 3. Report of Fire Superintendent Tamborelle: Submitted Report (Exhibit 2022-104) •Fire Superintendent Tamborelle states that things are going well at the fire station. The department has been very busy fighting other departments' fires as well as several of our own. •Mayor Woodards asks Fire Superintendent Tamborelle if our fire department assisted with the house fire on Freese Road. Fire Superintendent Tamborelle states that yes, not only on that house fire but assisted other departments with a car fire as well as a house fire in the Village. The house fire in the Village was caused by a candle that tipped over onto a bed. Luckily the homeowner shut the bedroom door and call 911. CHFD was able to keep the fire contained to that bedroom, but the rest of the house had significant smoke damage. •Trustee McMurry asks Fire Superintendent Tamborelle if the department was extra busy because there were more fires or more calls for mutual assistance. Fire Superintendent Tamborelle states that there is no one reason for the uptick in calls. -Trustee Salton arrives at 7:07 p.m. •Trustee Salton states that he as a minor correction to the approved December Board of Trustees Meeting Minutes. •Trustee Robinson makes a motion to re-open the December Meeting Minutes. Resolution # 9096 2 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves re-opening the December 15, 2021, meeting minutes as presented. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, McMurry, Rennekamp, Robinson, and Salton Nays: none Abstentions: Motion Carried •Clerk Walker offers Trustee Salton time tomorrow to go over his concerns with the meeting minutes. •Trustee Robinson suggests that the meeting minutes can be approved with corrections. •After a short discussion the Board decided to retract the previous resolution approving the December Board of Trustees Meeting minutes and table them until the February Board meeting. •Trustee Salton states that he will then have time to show Clerk Walker where the four words are that he recommends changing. 4. Report of Treasurer: Submitted Report (Exhibit 2202-105) •Mayor Woodard states that a few months ago there were some budget modifications brought to the Board from the Village Finance Committee. After further investigation, it turns out that there are further budget modifications to the same accounts and Treasurer Dolch will be asking for the Board to approve these changes after approval of Abstract #8. Approval of Abstract # 8 Resolution: 9097 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves Abstract #8 for FYE2022 consisting of TA vouchers 54-63 in the amount of $24,351.54 and Consolidated Fund vouchers 559-637 in the amount of $376,400.24 and the Treasurer is instructed to make payments thereon. Motion: Trustee Rennekamp Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, McMurry, Rennekamp, Robinson, and Salton Nays: none Abstentions: Motion Carried Resolution: 9098 3 General Fund: BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves a Budget decrease of $5,854.00 in the Police Health Insurance account A9060.800 resulting in a Budget of $126,559.00 and a Budget decrease of $24,039.00 in the NBU Health Insurance account A9060.800N resulting in a Budget of $29,682.00 and a Budget increase of $6,045.00 in the Teamsters Health Insurance account A9060.800T resulting in a Budget of $111,775.00 and a Budget increase of $9,784.00 in the General Fund Retirees Health Insurance account A9060.820.00 and a Budget increase of $665.00 in the Gold Plan Out of Pocket account A9060.811. The decreases in these accounts more than offset the increases and allow the Contingency account A1990.400 to be restored to the original $100,000.00 •Mayor Woodard states that when former Treasurer Laskaris made the initial changes we took money out of the contingency fund. This resolution restores the contingency fund to $100,000.00. •Trustee McMurry clarifies that we are making corrections to these funds based on the new budget numbers which reflect the additional employees to the Consortium Gold Plan. Motion: Trustee Marshall Second: Trustee Rennekamp Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, McMurry, Rennekamp, Robinson, and Salton Nays: none Abstentions: Motion Carried Resolution: 9099 Water Fund: BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves a Budget increase of $12,627.00 in the NBU Health Insurance account F9060.800N resulting in a Budget of $17,302.00 and a Budget increase of $624.00 in the Teamsters Health Insurance account F9060.800T resulting in a Budget of $9,205.00 and a Budget decrease of $6,698.00 in the Water Fund Retirees Health Insurance account F9060.820 resulting in a Budget of $3,511.00 and a Budget increase of $665.00 in the Gold Plan Out of Pocket account F9060.811 resulting in a budget of $9126.00 and a total decrease in the Contingency account F1990.400 of $15,679.00 leaving the Water Contingency at $4321.00 4 Motion: Trustee Salton Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, McMurry, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried Resolution: 9100 Sewer Fund: BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the restoration of the original Budget of $17,075.00 and adding $227.00 to the NBU Health Insurance account G9060.800N resulting in a total increase of $17302.00 and a Budget increase in the Sewer Fund Teamsters Healthcare account G9060.800T of $569.00 resulting in a Budget of $10,520.00 to be funded from Sewer Contingency G1990.400. and a Budget decrease of $7,339.00 in the Sewer Fund Retirees Health Insurance account G9060.820 resulting in a Budget of $3,599.00 and a Budget increase of $51.00 in the Gold Plan Out of Pocket account G9060.811 resulting in a budget of $9721.00 and a total decrease of $5355.00 to be deducted from Sewer Contingency G1990.400 leaving $29645.00 •Mayor Woodard states that these corrections represent new information that the current retirees make up primary police and therefore no water or sewer money is allocated to their portions of healthcare costs. Motion: Trustee Marshall Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, McMurry, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried •Village Attorney R. Marcus asks if there is any member of the public who wishes to speak. Clerk Walker thanks Village Attorney R. Marcus for the reminder. 5. Privilege of the Floor: No members of the public wish to speak. Report of Mayor Woodard: a. Village Historian Annual Report: Village Historian Bea Szekely is in attendance virtually to present the annual historian’s report. 5 •Village Historian B. Szekely states that she is in the final paragraphs of the conclusion of the book she has been writing. She informs the Board that she will also be including a list of the first one hundred residents, the first seventeen roads, and a map of where they lived. •Village Historian B. Szekely wants to publicly thank Village Attorney R. Marcus for his time discussing Carl Crandell’s map and reviewing the well-detailed meeting minutes of the first Village Clerks and Presidents (Mayor) prove to be such a valuable source of information of the Villages beginnings. •Trustee Salton states that he would like to speak to Village Historians B. Szekely’s report on the topic of a dinner with former United States President William Howard Taft. Trustee Salton informs the Board and Village Historian B. Szekely that William Howard Taft was a member of Acacia Fraternity, and his picture is on the wall of the stairwell of the fraternity at Cornell University. Village Historian B. Szekely states that she also has a wonderful photo of former President Taft at a dinner with one of the founders of Cayuga Heights, Jared T. Newman. •In closing Village Historian B. Szekely states that she is very interested in the property where Dr. Patrick’s Dental Office is located, which from 1823-1942 was one of two schools in the Village. She hopes to write about this for the Village Annual Newsletter. Motion Carried b. Cayuga Lake WIO Resolution: To support and protect the Cayuga Lake Watershed the Village, as required by the bylaws of the CWIO representatives, will approve a budget each year and the Participating Member Entity will pay their dues annually. •Mayor Woodard would like Board approval to sign this agreement. Resolution: 9101 MEMORANDUM OF AGREEMENT With THE CAYUGA LAKE WATERSHED INTER-MUNICIPAL ORGANIZATION THIS MEMORANDUM OF AGREEMENT (Agreement or MOA), effective as of January 19, 2022, by and between the Village of Cayuga Heights to be a "Participating Member Entity" in the Cayuga Lake Watershed Intermunicipal Organization (CWIO). WHEREAS, pursuant to Article 5-G Section 119-o of the General Municipal Law of the State of New York, municipalities have the authority to enter into contracts and inter-municipal agreements and jointly perform services regarding subjects each separately has the power to perform, which are necessary to carry out for the benefit of the municipality; and 6 WHEREAS, a Participating Member Entity finds that promoting watershed protections and stewardship of the Cayuga Lake watershed resources is in the public interest and for the common benefit of all within the watershed; and WHEREAS, Cayuga Lake and its surrounding ~860 square mile watershed provides numerous benefits to the region including drinking water for approximately 120,000 people, varied recreational opportunities, scenic beauty, natural capital, and ecological significance; and WHEREAS, as of 2021, the CWIO includes many local governments as depicted by the boundaries of the appended map; and WHEREAS, the purpose of the CWIO is to bring the local governments within the entire Cayuga Lake watershed together to work collectively and collaboratively on monitoring, protecting, and restoring the health of the watershed; and WHEREAS, Participating Member Entities desire to continue the cooperative agreement that formed the CWIO in 1999; and WHEREAS, Participating Member Entities will work together cooperatively in the decision-making process and share the leadership and ownership in implementing the Cayuga Lake Watershed Restoration and Protection Plan (RPP) or other plans endorsed or adopted by NYS or the watershed counties to protect the water quality of the Cayuga Lake watershed; and WHEREAS, Participating Member Entities recognize that an inter-municipal organization can best facilitate partnerships across political boundaries to promote the ecological vitality of the Cayuga Lake watershed, and that it is to their mutual advantage and benefit to develop and implement cooperative restoration and protection efforts in general throughout the watershed and promote a regional alliance among governments and county programs; and WHEREAS, Participating Member Entities recognize the value and efficiency of using common resources effectively. NOW, THEREFORE, in consideration of the terms and conditions herein contained, the parties to this Agreement do hereby agree as follows: 1. The Cayuga Lake Watershed Intermunicipal Organization (CWIO) is an official inter-municipal entity recognized by New York State and created by the local governments in the watershed in 1999 to implement a watershed management plan, now called the Cayuga Lake Restoration and Protection Plan (RPP), its mission, goals, and objectives. The implementation of the RPP conveys various benefits to Cayuga Lake and its watershed. Sustainable watershed management includes local involvement in planning and management of the natural resources and is a shared responsibility of all governments. The Participating Member Entities will work together cooperatively in the decision-making and share the leadership of the CWIO. 2. This inter-municipal Memorandum of Agreement is voluntary and will not be construed as to interfere with or diminish any governmental powers, authority, or regulatory authority of any of the Participating Member Entities. 3. A Participating Member Entity, having paid its CWIO annual dues is considered a Voting Member and appoints its own representative, and if it chooses, an alternate representative to the CWIO. 7 4. As required by the bylaws, the CWIO representatives will approve a budget each year and the Participating Member Entity will pay their dues annually based on the fair share funding formula adopted by the CWIO. The CWIO will send a copy of the budget and funding formula and calculations to each Participating Member Entity annually. 5. The 5-year term of this Agreement shall commence January 19, 2022, and terminate December 31, 2026 This Agreement shall be automatically renewed for an additional five-year term, unless either party notifies the other party of its intent not to renew within 90 days of the expiration of any term or renewal term. 6. This Agreement authorizes the CWIO to enter into contracts within the limits of, and subject to, the appropriations provided by the Participating Member Entity and other funding sources. 7. The CWIO shall indemnify, defend, and hold harmless the Participating Member Entity named in this Agreement, its officers, employees, and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorneys’ fees or loss arising directly or indirectly out of the negligent acts or omissions hereunder by the CWIO or its staff. 8. The Participating Member Entity named in this Agreement shall each indemnify, defend, and hold harmless the CWIO, its officers, employees, and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorneys’ fees or loss arising directly or indirectly out of each Participating Member Entity’s proportionate negligent acts or omissions. This obligation is several and not joint. 9. Any staff hired by the CWIO will be hired with no discrimination by reason of race, creed, color, sex, sexual orientation, age, physical disability, or national origin. 10.The CWIO membership will ensure CWIO staff are overseen. Duties of staff may include but not be limited to: partnering and networking between municipal entities within the watershed to help implement watershed plans, give input into water quality research on the lake and streams, provide assistance to the municipalities on water quality and flood control projects, investigate sources of pollution and develop management strategies to solve those sources of pollution in partnership with other relevant agencies, apply for and administer grants to benefit the watershed or assist Participating Member Entities in grant application, coordinate educational outreach, assist with legislative actions, and act as a spokesperson for CWIO. 11. Any party to this Agreement may terminate its participation with the CWIO at any time but must do so upon giving written notice to the CWIO that such party will terminate its participation in the CWIO, the reasons for the termination and the effective date of such termination, such written notices to be given at least 90 days prior to the date such termination shall take effect. No refunds will be provided to any party that terminates its participation for that year. Withdrawal from the Agreement by one party shall not affect the agreements with other Participating Member Entities in the Agreement. 12. If any term or provision of this Agreement or the application thereof shall, to any extent, be invalidated or unenforceable, the remainder of this Agreement or the application of such term or provision, other than those to which it is held invalid or unenforceable, shall be unaffected thereby, and each term and provision of the Agreement shall be valid and enforceable to the fullest extent permitted by law. 13. If the CWIO should cease to exist, the funds still available will be returned to the parties to this Agreement under the same formula as originally gained after existing obligations are met. 14. This Agreement supersedes any other previous agreements between the municipality and the CWIO. 8 IN WITNESS WHEREOF, the following Participating Member Entity through their chief elected officials have executed this Agreement: Motion: Trustee Marshall Second: Trustee McMurry Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, McMurry, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried c. Budget Process: Mayor Woodard has requested that all Village departments submit their anticipated budget by March 1, 2022. •Mayor Woodard states that she will be asking for an Executive Session tonight for the Board to consider the Non-Bargaining Group employees annual hourly base increase for the next fiscal year. •Mayor Woodard also states that all the Village staff did an absolutely wonderful job of only spending money if they absolutely had to. This has resulted in a pretty healthy fund balance. Mayor Woodard would like to discuss at the February Board meeting different projects they think should be funded in the next fiscal year and plan for them at the FYE 2022-2023 Budget Workshop. •The Village will also be receiving the second round of American Rescue Funds (ARF) - $184,000.00 •Trustee Marshall suggests that the Board allocate the ARF money prior to establishing the new fiscal year’s budget. d. Climate Smart Update and Appointments: The Village would like to establish a Climate Smart Communities Tasks Force. •Clerk Walker states that the Board needs to adopt the pledge and then appoint the task force. Resolution: 9102 WHEREAS, the Village of Cayuga Heights, formally adopted a "Climate Smart Communities" pledge on April 17, 2017, recognizing the threat of climate change to our Village operations, citizens, and the planet and outlining initial steps that should be taken to mitigate this threat, increase energy efficiency, and build resilience and sustainability in our Village, and WHEREAS, the Village of Cayuga Heights, continues to see the effects of climate change of our infrastructure, economy, and livelihoods; harm our farms, orchards, and ecological communities, including native fish and wildlife populations; spread invasive species and exotic diseases; reduce drinking water supplies and recreational opportunities; and pose health threats to our citizens; and 9 WHEREAS, we believe that our response to climate change provides us with an unprecedented opportunity to save money, and to build livable, energy-independent and secure communities, vibrant innovation economies, healthy and safe schools, and resilient infrastructures. NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Cayuga Heights hereby creates a task force which shall be known as the "Climate Smart Communities Task Force" (CSCTF) to meet and create climate actions within our community. Motion: Trustee McMurry Second: Trustee Rennekamp Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, McMurry, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried •Trustee McMurry inquires to how many points the Village would receive for a bike rack? •Village Resident Alice Wagenknecht-Wiesner states that the point system varies depending on the project. •Mayor Woodard would like to appoint Village resident Alice Wagenknecht-Wiesner as the coordinator to the Village CSCTF. Resolution: 9103 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Village resident Alice Wagenknecht-Wiesner as the Coordinator for the Village CSCTF. Motion: Trustee Marshall Second: Trustee Rennekamp Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, McMurry, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried •Mayor Woodard would like to appoint Village Clerk Jeffrey D. Walker to the CSCTF. Resolution: 9104 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Village Clerk Jeffrey D. Walker to the Village CSCTF. Motion: Trustee McMurry Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, McMurry, Rennekamp, Robinson, and Salton Nays: none 10 Abstentions: none Motion Carried •Mayor Woodard would like to appoint Village Trustee Kent Hubbell to the Village CSCTF Resolution: 9105 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Village Trustee Kent Hubbell to the Village CSCTF. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Marshall, McMurry, Rennekamp, Robinson, and Salton Nays: none Abstentions: Trustee Hubbell Motion Carried •Mayor Woodard would like to appoint Village resident Marian Van Loan to the Village CSCTF Resolution: 9106 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Village resident Marian Van Loan to the Village CSCTF. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, McMurry, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried e. TCAT Route Changes: TCAT Consultants have reviewed all of their routes and the changing demographics of Tompkins County and have made a final set of recommendations. There are just a few places in the system where they proposed to cut the overall level of service by more than 20% and one of those corridors is in Cayuga Heights. The Parkway/Northway corridor will experience fewer trips a day for a few block stretch. Generally, TCAT does not get a lot of ridership in this area, and this is part of the reason that the consultants recommended moving the 30 to Pleasant Grove and Jessup, rather than the Parkway/Northway/ Highland Corridor. There will still be hourly service in this corridor on routes 31-41. The change to route 30 was done in summer 2021 so that we could accommodate additional students on North Campus in the Fall of 2022. •In the southern part of the Village, where more students are living, TCAT has gotten numerous complaints about moving route 30. As a result, we have planned an adjustment to route 83, which will take it past the heavily used Highland @ Lakeland stop, then it will use White Park to connect to Triphammer, returning to Cornell's campus and serving the Triphammer @ Oak Hill and Triphammer @ Country Club stops. Both of these stops have nearby housing for graduate and undergraduate students and can use more than one trip per hour on route 32. 11 •Mayor Woodard states that she has mailed a letter informing residents on White Park of this change. She also states that she attended a local leader’s breakfast last Friday and brought this subject up. Gary Stewart from Cornell University Community Relations sits on the TCAT Board of Directors and was interested in hearing more about moving TCAT's route, currently proposed along White Park Road, and instead moving it to the paper road known as Country Club Lane. •Mayor Woodard further states that it is a complicated situation because of multiple property owners on Country Club Lane. •Village Attorney R. Marcus states that his preliminary thoughts are that he does not see that there are several property owners on Country Club Lane. The information he has gathered so far suggests that the Village owns that road. •Trustee McMurry asks Director Public Works if the Village maintains that road? Director Wiese states that no, the Village does not maintain that road. He further states that there are some major hurdles such as a stream and parking lot that would need to be addressed in any development of a road. •Village Attorney R. Marcus states that this “unopened paper street” shows up on all the historical maps going back at least to the 1940s, and perhaps even longer ago than, and that it's identified on those filed maps as being a Village road, and is currently identified on the Tompkins county assessment department tax map as being a Village Road. •Village Attorney R. Marcus states that he would have to do title research on each parcel to determine how the ownership was derived and where it ends. He suspects that each of those joining owners, owns up to the edge of the road and that there's never been a deed in place conveying that road area to anyone, including to the Village. But because these plats have been filed over the years, identifying it as a Village road would make it a Village road. •Village Attorney R. Marcus also states that there may come a point that he will have to step aside on this subject because of a conflict of interest with other property owners on Country Club Lane. •Once ownership is determined, the next step would be to get a cost analysis for the construction of this road. •Mayor Woodard states that the reason she brought this subject to the Board tonight was that TCAT was interested in hearing more about another bus route option other than White Park. She would like Village Engineer B. Cross to reach out to the property owners to feel out their thoughts about opening this road. •Village Historian B. Szekely states that a Carl Crandall map from 1929 shows Country Club Road from Highland to Triphammer. She also notes that sometime between 2009 and 2011, former Trustee Diana Riesman and herself investigated the possibility of opening up Country Club Road because of the reasons laid out this evening. However, there was little interest from the people who owned the land at the time. •Trustee McMurry suggests that the Village should also inform the residents of the apartment buildings affected and allow them the same ability to express their thoughts as we did for those who reside on White Park Place. 12 •B. Cross states that there are a number of complexities associated with this topic and we are just scratching the surface on this idea. •Trustee Salton suggests that the Board allow Village Attorney to conduct the title searches of the adjoining owners to the right of way on Country Club Lane. He further states that there are a lot of moving parts and his suggestion is to go deliberately, slowly, methodically and knows this could take a few years to get done right. •Trustee Robinson states that regardless of TCAT, he would like to determine the ownership of this paper street and is supportive of moving ahead with title searches. •Trustee Hubbell states that TCAT is not going to change anything at this point. •Trustee Rennekamp states that she supports the decision to get a better understanding of who owns the road but does not see the justification to spend money to open the road for a TCAT bus. •Trustee McMurry agrees and states that it is a lot of trouble and effort to keep a bus from driving on another Village road with 6-10 houses, which goes by only twice an hour for eight or nine months of the year and doesn't run in the summer. •Trustee Salton states that TCAT wants bus stops where people will get on and off. Westview Apartments should be a stop. •Trustee Marshall asks Mayor Woodard if the preliminary indications of support for this idea from the TCAT Board and executive director Gary Stewart from Cornell suggest, whether they might hold off using White Park in the interim? •Mayor Woodard states that no, they plan on using White Park starting in February and reminded the Board that there will be a Public Hearing on January 27, 2022. •The Board agrees to have Village Attorney R. Marcus begin title searches of adjacent property owners to County Club Lane. e. Short-Term Renal Permits: The Village is still waiting for Tompkins County to share the software that will allow municipalities to track Airbnb hosts. •Clerk Walker states that the Village has about 12-15 residents that are authorized to rent short-term in the Village. Each January they are required to renew their permit. One resident did not renew their permit in 2021 and is subject to a violation of up to $250.00. In the past, we've issued a first-time violation fee which is basically what permit fees were. The resident would like the Board to reconsider the violation and wave any fine. •Mayor Woodard states that our local law states you must have a valid permit to advertise and promote your short-term rental. In this case, they had their rental available for all of 2021. It is not relevant that they did not actually rent it. 13 •Trustee Hubbell states that this permit is not refundable. •Village Engineer and Code Enforcement Officer B. Cross states that there are two ways to treat this. One is to say they were in violation, charge them a penalty which establishes a threshold that in case something else happens. If there was another violation, they would then be at a second level. Another way to look at it would be to allow them to purchase their permit from last year which would put them back into compliance. •Trustee Salton asks if the issue at hand is that the resident advertised without a valid permit and that is a violation of our local law. Code Enforcement Officer B. Cross states that yes, that is the case. •Trustee Robinson points out that the resident was upfront about the fact that they did not have a permit and were not trying to avoid the fee. •The Board agrees to not treat this case as a violation of the Short-Term Rental Law rather than request that the resident submit payment for their 2021 permit. f. Lead Water Piping: A new Environmental Protection Agency law that prohibits any lead water pipes has Bolton Point evaluating all Village properties that might be affected by this new law. The Village is the oldest community serviced by Bolton Point Water Commission and therefore we are likely to have more properties affected by this new law. •Mayor Woodard states that currently, Bolton Point has informed twenty households that they have lead water pipes. Those houses are utilizing a different method of drinking water. The results of the remaining 200 homes in the Village are unknown. To narrow down this massive investigation Bolton Point knows there is no possibility of lead piping for any home construction after 1985, and two years ago they installed the smart meters and photos were taken of the connections so they can use that information too. •Mayor Woodard further states that she is hopeful that federal money will be available. •Trustee Robinson asks Mayor Woodard and Village Attorney R. Marcus what the obligation of the Village is to notify the 20 residents that Bolton Point acknowledges has lead water pipes. He asserts that we should notify these residents as soon as possible. •Village Attorney R. Marcus states that that is exactly what he suggested as well. •Mayor Woodard will contact Bolton Point tomorrow to request the names and addresses of the 20 residents that we now know have lead water pipes. •Director of Public Works M. Wiese states that the Village does not have any responsibility from the curb valve to the house, so should we be getting involved with that section? •Village Attorney R. Marcus states that if we have information that has a bearing on potential health risks of a property owner, and they don't have that information, then the Village must inform them. Mayor Woodard also states that it is also an ethical obligation. 14 •B. Cross states that he is going to reach out to Bolton Point to determine that if, in the process of identifying that maybe there's lead in either portion of the service line, that the Village would not have to go and do what we call “potholing” where we would have to go and dig up every water line. This whole process is complicated, and we need to have more information. •Trustee Marshall states that he thinks there is a moral responsibility for public education and exercising that neither implies nor exacerbates pending liability on the Village’s part. •Trustee Hubbell states that we now know this is a federal priority and therefore the Village needs to make this a priority and find out what type of piping there is from the main to the service at the sidewalk. At the same time, the homeowner can check their service. Bolton Point needs to be forthcoming with this information and we need to act on it. •Mayor Woodard will contact Steve Riddle from Bolton Point tomorrow to get a better understanding of where they are with the knowledge that at least 20 households have been determined to have lead water pipes. •Director of Public Works M. Wiese states that this is a massive labor undertaking to discover any issues. He personally knows that Bolton Point is working very hard trying to understand all of the regulations in this new law. They're trying to make sure all areas are covered and are taking on the bulk of this responsibility, which is beneficial for the village. •Trustee Hubbell requests that Bolton Point attend the next Board meeting. 7. Report of The Trustees: a. Walking Safe Cayuga Heights Sidewalk Project: •Trustee McMurry states that the NYSDOT Environmental Division has indicated that the only mitigation request with the historical resources to get a “no adverse effect" is to protect a Japanese Maple Tree located at 903 Wyckoff Road. •Trustee McMurry further states that she is optimistic to get a final design approval of the preliminary design and therefore a possibility of construction this fall. 8 . Report of Police Chief Wright: Submitted Report (Exhibit 2022-110) •Mayor Woodard requested Chief Wright to explain the overtime hours for January. •Chief Wright states that there were two different circumstances, both during holidays where COVID-19 impacted our staff, requiring additional shift coverage. The other reason was that we are still conducting field training for the two part-time officers. 9. Report of Director of DPW Wiese: Submitted Report (Exhibit 2022-111) •Director of Public Works states that he is currently working with a Village resident to resolve an illegal sump pump connection. To date, the Village has inspected 97 homes with a total of 3-4 illegally hooked up. 15 •Director of Public Works M. Wiese states that one of the newest members of the DPW staff has passed the CDL course which will prove to be a big help going forward. •In closing Director of Public Works M. Wiese states that he is appreciative of the working relationship with the Cornell University Grounds Department, and they may be looking at using the Clear Line Salt compound that the Village uses. 9. Report of Village Engineer Cross: a. Village Planning Board Update: •B. Cross states that the vacant building next to Sciarabba Walker LLP was bought by Sciarabba Walker LLP and they are proposing to take down the existing building and build a new building of the equivalent size and footprint, but they're looking to shift the building site to better improve the parking. The other application before the Village Planning Board is a single-family dwelling at a vacant lot on Highland Road. •B. Cross states that he has not received a formal PDZ application from RANIC Golf Club. a. WWTP Update: •B. Cross states that he is working on a proposed change of work order for additional services related to mapping all underground piping associated with the WWTP property. GHD will be working on collecting quotes for the Board to address at the February Board of Trustees Meeting. 11. Report of Clerk Walker: Submitted Report (Exhibit 2022-113) •Clerk Walker states that he is presenting a resolution offering a Medicare Retiree Plan. This would take the place of the Classic Blue Retiree Plan once a retiree was Medicare eligible. As a member of the Greater Tompkins County Municipal Health Insurance Consortium (Consortium) the Board must pass a resolution allowing the Consortium to engage on our behalf with Excellus Blue Cross Blue Shield. Resolution: 9107 WHEREAS, the Greater Tompkins County Municipal Health Insurance Consortium (Consortium) has a menu of medical and prescription benefit plans available to participating municipalities, and WHEREAS, participating municipalities are required to notify the Consortium of any change in its plan offering to employees or retirees, and WHEREAS, the Village of Cayuga Heights Board of Trustees has discussed and wishes to offer or the Tompkin County Municipal Health Insurance Consortium Medicare Supplement plans MS3 & MS4 for eligible retirees, THEREFORE, BE IT RESOLVED THAT, the Village of Cayuga Heights Board of Trustees hereby approves offering the Consortium's Medicare Supplement Plans known as MS3 & MS4 plan effective January 19, 2022, as a health insurance plan option for retirees, RESOLVED FURTHER THAT, a copy of this resolution shall be submitted to the Greater Tompkins County Municipal Health Insurance Consortium to initiate the adoption. 16 Motion: Trustee Marshall Second: Trustee Rennekamp Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, McMurry, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried •Clerk Walker also states that the last thing on his report is the appointment of himself to join the Village Finance Committee and the Village Public Safety Committee. •Clerk Walker further states that it might be helpful to participate with these additional committees since the Clerk is also involved with the training of the Village Treasurer and his office plays a vital role in the flow of Village finances. His office is also involved with any communication to the public on safety concerns and therefore joining the Village Public Safety Committee would be beneficial as well. •Mayor Woodard appoints Village Clerk Jeffrey D. Walker to the Village Public Safety Committee. Resolution: 9108 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Village Clerk Jeffrey D. Walker to the Village Public Safety Committee. Motion: Trustee McMurry Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Marshall, McMurry, Rennekamp, Robinson, and Salton Nays: none Abstentions: Trustee Hubbell Motion Carried •Mayor Woodard appoints Village Clerk Jeffrey D. Walker to the Village Finance Committee. Resolution: 9109 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Village Clerk Jeffrey D. Walker to the Village Finance Committee. Motion: Trustee Rennekamp Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Marshall, McMurry, Rennekamp, Robinson, and Salton Nays: none Abstentions: Trustee Hubbell Motion Carried 12. Report of Attorney Marcus: No report at this time. 13. Executive Session: Mayor Woodard asks the Board for an Executive Session. 17 Resolution: 9110 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 are 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. As well as subsection (D) discussions regarding proposed, pending, or current litigation; Motion: Trustee Salton Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, McMurry, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried Resolution: 9111 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees exits the Executive Session and returns to an open meeting at 10:05 p.m. Motion: Trustee Robinson Second: Trustee Kristi Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, McMurry, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 14. Adjournment: Mayor Woodard adjourns the meeting at 10:05 p.m. 18