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HomeMy WebLinkAbout08.17.2022_Minutes1 Minutes VILLAGE OF CAYUGA HEIGHT Wednesday, August 17, 2022 Zoom Meeting ID # 4118425407 BOARD OF TRUSTEES 7:00 p.m. MONTHLY MEETING Present: Mayor Woodard; Trustees: Hubbard, Marshall, Rennekamp, Robinson, and Salton; Police Chief Wright; Village Engineer B. Cross; Director of Public Works Wiese; Clerk Walker; Treasurer Dolch; Attorney Marcus, 1. Call to Order: Mayor Woodard calls the meeting to order at 7:01 p.m. 2. Approval of Meeting Minutes: July 20, 2022 (Exhibit 2023-047) Resolution # 9239 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the July 20, 2022 Meeting minutes as presented. Motion: Trustee Hubbell Second: Trustee Rennekamp Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, and Robinson Nays: none Abstentions: Salton Motion Carried 3. Report of Fire Superintendent Tamborelle: Submitted Report (Exhibit 2023-048) •Fire Superintendent Tamborelle states that movie night was very successful even though they had to cancel one night due to extreme heat. •Mayor Woodard inquires about the fire department purchasing an electric pickup truck. •Superintendent Tamborelle states that the lead time to get one is unknown and there is no inventory available. The Ford F-150 that is currently on order is a hybrid vehicle. •Superintendent Tamborelle states that the only action item he has is the resolution supporting the purchase of a new chief’s vehicle with the Hanselman Trust funds. Resolution # 9240 WHEREAS, The Village of Cayuga Heights Fire Department is the beneficiary of the Hanselman Family Trusts; and WHEREAS, The Village of Cayuga Heights Fire Department has determined that there exists a need to replace U243 which was originally purchased with funds from the Hanselman Trust; and WHEREAS, The Village of Cayuga Heights Fire Department has determined that it would best benefit the fire department and Hanselman Trust to sell at auction the existing vehicle apply monies received for U243 directly to decrease the end cost of the new vehicle; and WHEREAS, The Cayuga Heights Fire Department has received quotes for the purchase of the vehicle at NYS Contract Pricing and for outfitting the vehicle; and 2 WHEREAS, the Village of Cayuga Heights Public Safety committee recommends the purchase of a 2023 Tahoe. NOW, THEREFORE, BE IT RESOLVED THAT: Approval is granted to purchase a 2023 Tahoe at NYS contract pricing plus the cost of outfitting the vehicle for service not to exceed $51,000, the expenditure will be reimbursed to the Village of Cayuga Heights from the Hanselman Fund proceeds. Motion: Trustee Hubbell Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 4. Privilege of the Floor: No members of the public wish to speak. 5. Report of Treasurer Dolch: Submitted Report (Exhibit 2023-050) •Village Treasurer Dolch states that the Village Finance Committee has reviewed the INSERO annual audit and is ready to send it to the Office of the State Comptroller (OSC). This will allow them to finalize last year’s AUD and also allow us to start this year’s AUD. •Village Treasurer Dolch states that the Village Finance Committee has discussed an audit proposal from another company. •Village Treasurer Dolch states that she needs the resolution to allocate money received as part of the Road Use Agreement with Cornell University. Resolution: 9241 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves the creation of expense account A5112.430 (Street Capital Improvement – Pleasant Grove) with a budget of $285,000 from the Cornell Road Use Agreement. Motion: Trustee Rennekamp Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried Approval of Abstract # 3 Resolution: 9242 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves Abstract #3 for FYE2022 consisting of TA vouchers 16-23 in the amount of $14,648.79 and Consolidated Fund vouchers 121-195 in the amount of $775,439.48 and the Treasurer is instructed to make payments thereon. 3 Motion: Trustee Marshall Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried •In closing Village, Mayor Woodard states that we are done with the fiscal year 2021-2022. 6. Report of Mayor Woodard: a. Public Hearing on Proposed Local Law B-2022 Property Maintenance. •Mayor Woodard opens the Public Hearing at 7:10 p.m. •Mayor Woodard closes the Public Hearing at 7:11 p.m. •Village Attorney R. Marcus states that this Local Law is an exempt action under 617.5C section 26 & 33 the adoption of a local law in connection with continuing agency administration and management. Resolution: 9243 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees adopts Proposed Local Law -B of 2022 as Local Law #2 of 2022 and this is an exempt action under 617.5C section 26 & 33 the adoption of a local law in connection with continuing agency administration and management. Motion: Trustee Robinson Second: Trustee Rennekamp Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried VILLAGE OF CAYUGA HEIGHTS PROPOSED LOCAL LAW 2 OF THE YEAR 2022 A LOCAL LAW TO AMEND THE VILLAGE OF CAYUGA HEIGHTS CODE CHAPTER 305, "ZONING," ARTICLE XIII, “PROPERTY MAINTENANCE” Be it enacted by the Board of Trustees of the Village of Cayuga Heights (the "Village") as follows: SECTION I PURPOSE AND INTENT The Village’s Board of Trustees has found that, in such cases, as a property owner has violated the requirements of Article XIII, "Property Maintenance," of Chapter 305, "Zoning," of the Village Code, such violation threatens the 4 health, safety, and welfare of Village residents, may create fire hazards, may endanger the environment and groundwater, may lead to infestation by insects, vermin or rodents may cause depreciation of property values, and has a deteriorating and blighting effect upon the neighborhood and community. The Village Board has determined that a violation of said Article XIII constitutes a public nuisance. The Village Board has determined further that the Village should undertake remedial action to abate such nuisances, and that in such instances that the Village undertakes such abatement, the Village should recover the cost of such abatement, and the Village should have the opportunity to do so by placing a lien upon the subject property. The purpose of this Local Law is to modify the text of Village Code Chapter 305, Article XIII as states below. SECTION II AUTHORITY This Local Law is enacted pursuant to the grant of powers to local governments provided in Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provision of the New York State Constitution and not inconsistent with any general law relating to its property, affairs, government or other subjects provided for in said Section 10 of the Municipal Home Rule Law. SECTION III AMENDMENT OF VILLAGE CODE SECTION CHAPTER 305, "ZONING," ARTICLE XIII," "PROPERTY MAINTENANCE” The following provisions shall be added to subsection 305-96, "Enforcement," of Article XIII, "Property Maintenance," of Chapter 305, "Zoning," of the Village Code. C. Upon the failure of the owner to comply with a notice to remedy a violation of Section 305-95 above, the Village Board may hold a public hearing. The public hearing shall be held upon notice posted conspicuously on the subject property and forwarded to the last known address of the property owner, as it appears on the current tax records of the Village, by certified mail, return receipt requested. Posting and service of such notice shall be not less than fifteen (15) calendar days prior to the date of such hearing. The notice posted shall be not less than 11" by 17" in size, affixed to a stake placed in the front yard of the subject property, and shall include a statement of the violation and the date, time, and location of the public hearing, D. The Village Board, after the public hearing as provided in subsection C above, may determine that the subject violation of Section 305-95 above must be remediated, and order the owner of the property to complete such remediation within thirty (30) days of the date of such order. Such order shall be delivered to the property owner in the same manner as the notice of the public hearing described in subsection C above. E. In the event that the violation has not been remedied in accordance with the order of the Village Board within thirty (30) days of the date of such order, the Village may perform such remediation. Said remediation may be performed by the Village's Department of Public Works or other designee, including a private contractor. The Village Board shall ascertain the total costs of the remediation, and such costs shall be charged and assessed against the owner of the subject property. The costs so assessed shall constitute a lien and charge on the real property on which such lien is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Village charges against such real property. F. If the Village Board determines, in accordance with the foregoing procedures, that the violation must be remediated, the Village Board also may determine that the violation is or may become ongoing or recurring, such as the failure to maintain the height of growth in a lawn area, in which event such ongoing or recurring violation shall be subject to the Village's performance of remediation in accordance with subsection E above on an ongoing or recurring basis, without further notification to the property owner, or posting of such violation, or additional 5 public hearing or further determination by the Village Board. The costs of all such ongoing or recurring remediation by the Village shall constitute a lien on the subject property and collected as provided in subsection E above. G. The remediation of any violation of the requirements of Section 305-95 above by the Village or its agents shall not operate to excuse the owner from properly maintaining any premises as required by this article, and such owner shall, notwithstanding such action, be subject to any other penalties provided for herein. SECTION IV SUPERSEDING EFFECT All Local Laws, Articles, resolutions, rules, regulations, and other enactments of the Village of Cayuga Heights in conflict with the provisions of this Local Law are hereby superseded to the extent necessary to give this Local Law full force and effect. Without limiting the foregoing, to any extent that the terms of the Zoning Law of the Village of Cayuga Heights are deemed to be in conflict with the requirements of this Local Law, the terms of this Local Law shall govern and control. SECTION V PARTIAL INVALIDITY. In the event that any portion of this Local Law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. SECTION 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. •Clerk Walker states that he has one quote for lawn maintenance for the two properties that are vacant. He also states that the details of the proposal will have to be sorted out before the Village will agree to hire a mowing company. •Trustee Marshall asks if there have been any specific details on how often a lawn is mowed or is it entirely up to the mowing service. •Village Attorney R. Marcus states that the primary focus of this local law is to add to the Villages existing property maintenance law a set of provisions regarding adequate notice to satisfy the constitutional requirements for notice to property owners before the Village enters their property. •Village Attorney R. Marcus also states that first we need to pass this local law. Then a notice sent to the property owners advising them of the need for maintenance. If they fail to comply, then the Board would schedule a Public Hearing to consider any action that needs to be taken. •Trustee Salton states that the law states that the grass has to be so long to fall out of compliance. So, if the Village hires someone to mow every week, then the property owner would not fall out of compliance and therefore property owner would not be responsible for the cost of that mowing service that was completed during the time the grass height was compliant. •Village Attorney R. Marcus suggests that the Village engage with a mowing service only at the point in which the grass exceeds the height limit. 6 •Trustee Robinson states that he views this local law that once the Board has issued a notice of violation the Village can hire out to remedy the situation and would only be called back to the property when in this case the lawn fell out of compliance. •Village Attorney R. Marcus agrees. The Village could hire a contractor to come to mow at the point the lawn reached ten inches or more. •B. Cross states that he is concerned that we would not be keeping the property to the standards of the neighborhood if we approached this violation in that manner then the normal compliance of the neighborhood will never happen. •Village Attorney R. Marcus suggests that the Village Board of Trustees revisit the height limitations and reduce them. •Trustee Marshall asks Village Attorney R. Marcus if there is any precedent for enabling a system that would encourage people to meet the compliance before corrective action by the Board. If the only precedent that can be found requires that the limits be exceeded, then it seems counterproductive to what we want to accomplish. •Village Attorney states that the Village could not have two separate limits, one for the violators and one for everyone else. •Mayor Woodard suggests lowering the grass height to five inches. •Trustee Salton states that is not reasonable. •Trustee Marshall states that lowering the height of grass would solve the problem as long as we could use discretionary judgment when determining a violation. •Village Attorney R. Marcus states that the only compromise he could come up with is to arrange with the contractor that their duty is to prevent a violation from occurring. •B. Cross states that allowing the lawn to go beyond the ten-inch height just to establish a violation is going to cost more to the property owner since the contractor is going to have to spend more time getting the lawn back into shape versus just mowing it consistently. •Trustee Salton states that he agrees that it will cost more. However at least we will be within the bounds of the law, and we can establish proof that this is not just a regular mowing. •Mayor Woodard states that we should have the ability to differentiate a situation where we have a vacant property versus an occupied property. Then take care of the property and continue to try to contact the owner while still maintaining the property. •Trustee Salton states that he agrees and further states that we should be able to exercise our authority through an administrative order through zoning. •Village Attorney R. Marcus states that this local law does address those issues. Under this new local law, after a public hearing, the Board has the authority to either hire a contractor to remedy the violation or do the maintenance ourselves. 7 •Village Attorney R. Marcus states that the Board should schedule a public hearing on the two known vacant properties and be ready to hire a contractor to maintain the properties going forward. •B. Cross states that for the record a member of the public expressed to him their concern that this proposed local law gives the Village Board too much power over private property. The resident was also concerned that the Village Board would have the authority to come at any point in time and mow their law and then send them a bill for the service. •Attorney R. Marcus states that is certainly far from the case of what the Board is allowed to do under this local law. •Attorney R. Marcus states that he had a chance to identify the responsible party for the two vacant properties. The 2013 N. Triphammer Rd. has no mortgage. On 325 Highland Rd. Property there seem to be two mortgages through Quicken Loans. Motion: Trustee Marshall Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, and Robinson Nays: none Abstentions: Salton Motion Carried •Attorney R. Marcus states that the Board should now schedule a Public Hearing for both properties. Resolution: 9244 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees hereby schedules a Public Hearing on a property maintenance violation for 2213 N. Triphammer Road on September 21, 2022, at 7:05 p.m. Motion: Trustee Marshall Second: Trustee Rennekamp Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, and Robinson Nays: none Abstentions: Salton Motion Carried Resolution: 9245 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees hereby schedules a Public Hearing on a property maintenance violation for 325 Highland Road on September 21, 2022, at 7:10 p.m. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, and Robinson Nays: none Abstentions: Salton 8 Motion Carried b. Water Rate: The Village Board of Trustees needs to establish the 2023 water rate. The Commission approved a 4.5% increase to our water rate for 2023. The minimum bill will continue to be based on 5,000 gallons. Effective 1/1/23 the water rate will be $6.03/1,000 gallons with a minimum bill amount of $30.15 for 5,000 gallons. Resolution: 9246 WHEREAS, the Village of Cayuga Heights is served by the Southern Cayuga Lake Intermunicipal Water Commission; and WHEREAS, the Village of Cayuga Heights has entered into an amended, supplemental, restates, and consolidated agreement of municipal cooperation for the construction, financing, and operation of an inter-municipal water supply and transmission system dated as of June 5, 1979 as the same has been amended from time to time (the "Agreement"); and WHEREAS, pursuant to the Agreement, the Village of Cayuga Heights agreed to pay to the Southern Cayuga Lake Intermunicipal Water Commission (hereinafter referred to as “Commission”), water revenues based upon, in part, a water rate billing structure based on a quarterly 5,000 gallon minimum; and Bolton Point rate is $6.03 per 1000 gallons, and the Village of Cayuga Heights surcharge is $11.58 per 1000 gallons. WHEREAS, in consideration of the premises and the mutual undertakings of the parties pursuant to the Agreement, the parties agreed to amend the Agreement effective January 1, 2023. NOW, THEREFORE, BE IT RESOLVED THAT, the Village of Cayuga Heights Board of Trustees authorizes and approves the new Village of Cayuga Heights water rate to $11.58 per 1000 gallons consumed effective January 1, 2023. •Mayor Woodard states that the Village Finance Committee agreed to raise the rate by 92% of the Bolton Point rate. Part of the reasoning is that the Village needs to build some fund balance for future lead pipe projects. Motion: Trustee Rennekamp Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried c. Schedule a Public Hearing on Proposed Local Law C of 2022 – Annual Sewer Rate: The Village Finance Committee has discussed sewer rates at this month’s meeting. The Village still owes the Town of Ithaca $124,000 for the Kline Rd. Bypass and loan payments for Phases 1 and 2 of the WWTP will begin. •Mayor Woodard states that the rate is a significant increase. Part of this increase to the outside municipality is due to the request of other users of the WWTP to build in the cost for the GHD I & I Study. Section I. PURPOSE The purpose of this Local Law is to establish annual sewer rates of $4.00/1000 gallons consumed for inside users and a rate of $6.00/1000 gallons used for outside users, as defined in articles XII, Sewer Rents, of the Village of Cayuga Heights Articles. 9 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, 2023, annual sewer rates shall be established at a rate of $4.00/1000 gallons used for the treatment of wastewater originating from properties located within the Village and a rate of $6.00/1000 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 the such invalid provision. 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. Resolution: 9247 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees hereby schedules a Public Hearing on Proposed Local Law C of 2022 – Annual Sewer Rates on September 21, 2022, at 7:02 p.m. Motion: Trustee Robinson Second: Trustee Rennekamp Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: Motion Carried d. Lake View Cemetery Update: The Walking Safe Cayuga Heights sidewalk project includes keeping the road through the Lake View Cemetery open and maintained by the Village DPW. It has come to our attention that the road has suffered damage from snow plowing and now needs to be re-paved. •Mayor Woodard states that she has looked at the contract. From her perspective, we are not responsible for the maintenance of the road in Lake View Cemetery. 10 •Mayor Woodard suggests we stop the police patrol of that section and only use the sidewalk plow to clear a path for pedestrians in the winter months. •Chief Wright states that the department would like to continue to have access but notes that the Pleasant Grove Cemetery does not get cleared in the winter months. •Trustee Salton states that the Walking Safe Grant was conditioned on access all the way through the Lake View Cemetery. He recalls that the Board was very concerned that there was a need to then police that section if it was going to be open to kids walking to and from school. •Trustee Salton also states that there was even talk of lighting the pathway. •Village Attorney R. Marcus states that if the Village had received grant funding for the cemetery portion, then this agreement would have remained in effect for such a period of time. But since the Village did not get the money then the Village has the right to provide a six-month notice of termination. •Trustee Salton states that the grant was conditioned to having 100% access to the school and his concern is for the safety of pedestrians. •Chief Wright reminds the Board that if there is a Fire or EMS response needed in that area then we have to have access in a timely fashion. If we decide to not maintain that section that could be a liability concern especially if we have any kind of agreement already in place. •Trustee Robinson states that there was a conversation with Director Wiese about putting a plow on a pickup truck. •Director Wiese states that currently there are no plows or salters on any of the Village pickup trucks. He has concluded that the road was never built to handle a heavy truck and salting. He further states that repaving this would cost around $30,000. •Trustee Robinson and Marshall suggest either contracting the work out for someone else to plow and salt or purchasing a small plow and salt box for one of the pickup trucks. •B. Cross states that we should get through this winter with the understanding we do not know how the Walking Safe Cayuga Heights project budget is going to end up. e. EFPR Group Audit Proposal: The Village Finance Committee has finalized an agreement for EFPR Group to conduct our internal annual audits. •Clerk Walker states that there is no formal separation agreement needed for the contract. He also states that he was not successful in reducing the cost of this contract. Resolution: 9248 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approved Mayor Woodard's signing of the 2022-2023 annual Village Audit to be performed by EFPR Group pending a final review by Village Attorney R. Marcus. Motion: Trustee Robinson Second: Trustee Rennekamp 11 Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried f. Sunset Park Design Update: The Board had agreed to hire Michele Palmer to produce a conceptual park re- design. •Mayor Woodard states that there is a lot of grant money available for historic parks. As our grant writer Michele Palmer informed Trustee Marshall that some grants will cover up to 75% of the total cost. •Trustee Salton likes the idea that the Village Board is taking action on fixing up the park, but he is against the installation of curbs. •Mayor Woodard states that this is just the first step. We will have Michele Palmer do a complete presentation to the Board at a future meeting. g. Airbnb Update: The Town of Ithaca has taken the lead to silicate quotes from four different software companies that can help scrub short-term rentals. •Mayor Woodard states that Granicus Professional Services stood out and they have put together a proposal for the Village. Exhibit 2023-054 •The base is $2500 to identify who is operating short-term rentals in the Village. After that then there is $1500 for ongoing monitoring. •Mayor Woodard states that we need to discuss changing the permit fee and penalties for failing to register with the Village. •Clerk Walker states that any changes to the permit fees and penalties would require the Board to amend Local Law 1 of 2018. •Trustee Marshall states that in terms of enforcement would identification by this company of a property that is not compliant be adequate legal proof if the Village had to go to court? •Mayor Woodard states that is an excellent question and the answer is yes. They have had to provide this information many times. •Village Attorney R. Marcus inquired about whether or not this held up in New York State. Mayor Woodard confirmed that they have. •Clerk Walker states that the fine would go through the court. The Village Code Enforcement Officer has to issue the violation and issue an appearance ticket. •Trustee Marshall asks if we could incorporate a levy and a fine and if it is not paid could we also add court and legal fees? •Village Attorney R. Marcus states that yes, that is an option. •Trustee Robinson suggested that the permit fee in 2023 should be $150. Advertising without a permit would be 12 $300, $500, and $1000. •Mayor Woodard states that this is scheduled to launch on January 1, 2023. •Village Attorney R. Marcus states that with this change we will actually be reducing the fine structure currently in the existing law. •Mayor Woodard would like to make the penalties cleaner and offers the following. A $300 fine for not having a permit. Then $300 additionally for every night rented without the permit and $300 for every night over the 14-day limit. •B. Cross states that he would like some clarification on how this fine would be levied without the Village Court and could the individual go to court to challenge the fine. •Village Attorney R. Marcus states that yes, but they would have to be challenging the fine on the basis of whatever our charges were. •Trustee Hubbell suggested that the fines might cause the resident to lose any financial benefit. •B. Cross states that we should have a mechanism that we can revoke their permit perinatally. Village Attorney R. Marcus states that is within the current short-term rental law. Village Attorney R. Marcus will draft an amended local law and present it to the Board at the September 21, 2022 Board meeting. Resolution: 9249 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approved Mayor Woodard signing the Granicus Proposal for the Village of Cayuga Heights to monitor short-term rentals in the Village subject to review by Village Attorney R. Marcus. Motion: Trustee Marshall Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 7. Report of The Trustees: •Trustee Hubbell states that the Cayuga Lake Watershed IO has hired a manager. Next month's meeting will be in person at Cayuga Lake State Park. •Trustee Salton states that the Greater Tompkins County Municipal Health insurance consortium (GTCMHIC) Executive Board met and recommended a 6.5% increase next year with a possibility of 7 % for the following two years. •Clerk Walker states that the GTCMHIC Design Committee whose main focus is to make sure that the actuarial numbers for the metal level plans fall within the federal guidelines voted to increase the deductible on the Silver 13 Plan and thus would remain the same for the next two years. •Trustee Salton inquired about the design committee's lack of a leader. •Clerk Walker also states that the committee is currently looking for a labor representative to be Chair of this committee. •Trustee Marshall asks Trustee Salton how the 6-7% increases compared with the rest of the market. •Trustee Salton states that the Consortium does not like to increase the rates like the other Excellus plans can which are increasing at the rate of 15-20% administrative overhead. The Consortium is able to keep those costs down. 8 . Report of Police Chief Wright: Submitted Report (Exhibit 2023-055) •Police Chief Wright states that as a follow-up to last month's concerns about the department covering shifts for other agencies, it is rare that would happen based on shift changes only. •Police Chief Wright states that in his conversations with the director of the 911 center he has seen significant improvements in mutual aid requests. 9. Report of Director of DPW Wiese: Submitted Report (Exhibit 2023-056) •Director Wiese states that the DPW crew has been working on mainly sidewalk gaps this summer. •Director Wiese states that the Rightsizing Culvert Project is moving forward. •Trustee Hubbell inquiries about the summer work schedule and whether has it been successful. •Director Wiese states that the complexities of deliveries and timing of getting supplies it has made completing work difficult. However, in other situations, the 10-hour day has been helpful when emergencies arise. 10. Report of Village Engineer Cross: a. WWTP Phase 3: The Board recently endorsed a GHD engineering report for a $10,000,000 phase 3 WWTP project. This has allowed be listed on the EFC intended use plan. Since then, the NYSDEC has called for grant applications through the Water Infrastructure Improvement Act (WIIA). •B. Cross states that the action items tonight are the NYSDEC resolution that identifies SEQR status followed by a Bonding Resolution showing the Village is qualified for funding and authorizing Mayor Woodard to sign the WIIA grant application. Resolution: 9250 TYPE II SEQRA RESOLUTION Phase 3 Cayuga Heights WWTP Upgrade Project Village of Cayuga Heights, New York Date: August 17, 2022 WHEREAS, the Village of Cayuga Heights (Village) is considered a local agency per Title 6 NYCRR Part 617 14 Paragraphs 617.2 and 617.3 and the NYS Environmental Conservation Law (ECL), and is responsible to implement the New York State Environmental Quality Review Act (SEQRA), and; WHEREAS, the Village is proposing to undertake the Phase 3 Cayuga Heights WWTP Upgrade project as described in the May 16, 2022, Engineering Report prepared by GHD Consulting Services Inc., and; WHEREAS, the scope of work as described in the Engineering Report generally includes the following improvements: • Constructing a weather enclosure for screenings and grit dumpsters at the Headworks Building • Renovating primary settling tanks, including concrete repairs for internal tank walls and floor and replacement of chain-and-flight sludge collector mechanisms • Replacing submersible primary sludge pumps and associated piping and controls • Replacing trickling filter feed/recirculation pumps and associated suction and discharge piping and valves with new vertical submersible sewage pumps, piping, and valves along with installation of a lifting beam and hoist to facilitate future removal of pumps when repairs or replacement is required • Renovating bulk chemical storage and feed facilities for phosphorus removal chemical including replacement of the bulk chemical storage tank, reconstruction of spill containment area walls, application of chemical resistant coating to walls and floor in spill containment area, replacement of chemical feed pumps and piping, and installation of a combination eyewash and shower unit, eyewash station, and associated hot water heater • Replacing an effluent strainer and effluent water pumps with a new automatic backwash strainer, two new effluent water pumps, pressure tank, and associated controls • Renovating final settling tanks including concrete repairs for internal tank walls and floor and replacement of chain-and-flight sludge collector mechanisms • Constructing a canopy and seal water drain at the Tertiary Filter Feed Pump Station • Renovating sodium hypochlorite storage and feed system in the Tertiary Filter Building • Constructing a passive overflow for emergency Headworks Building bypass • Re-lining Manhole MH-1 and raising Manhole MH-2 at the WWTP site • Repaving site access roads, including a concrete slab for the dumpster handling area between the Service Building, Headworks Building and Primary Digester • Expanding the SCADA system to include programming for automated (timer) control of primary and final settling tank sludge pumping • Installing solar panels on the roof of the Recirculation Pumping Station • Repairing/replacing the Sludge Management Building roof • Replacing the sewage ejector pump in the Sludge Management Building (hereinafter referred to as “said Action”), and; WHEREAS, said Action requires consideration under SEQRA per 6NYCRR Part 617, and; WHEREAS said Action is not listed in 6NYCRR Part 617.4 and does not meet the thresholds specified in 6NYCRR Part 617.4, and therefore is not considered a Type I Action, and; WHEREAS said Action is not anticipated to have a significant adverse impact on the environment based on the criteria specified in in 6NYCRR Part 617.7(c), and; WHEREAS said Action consists of the following Type II Actions as listed in the following subparagraph under Title 6 of NYCRR Part 617 Paragraph 617.5(c): (1) maintenance or repair involving no substantial changes in an existing structure or facility; 15 (2) replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building, energy, or fire codes unless such action meets or exceeds any of the thresholds in section 617.4 of this Part; (15) installation of solar energy arrays on an existing structure provided the structure is not: (i) Listed on the National or State Register of Historic Places; (ii) Located within a district listed in the Nation or State Register of Historic Places; (iii) Been determined by the Commissioner of the Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places pursuant to Sections 14.07 or 14.09 of the Parks, Recreation and Historic Preservation Law NOW, THEREFORE BE IT RESOLVED that on this 17th day of August 2022, the Village Board of Trustees hereby determines that said Action constitutes a Type II Action as defined in Title 6 NYCRR Part 617 Paragraph 617.5 and is not subject to review under SEQRA. Motion: Trustee Marshall Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried Resolution: 9251 BOND RESOLUTION (SUBJECT TO PERMISSIVE REFERENDUM) (WWTP Improvements) At a regular meeting of the Board of Trustees of the Village of Cayuga Heights, Tompkins County, New York, held at the Village Hall, on the 17th day of August 2022, at 7:00 o'clock P.M., Prevailing Time. BOND RESOLUTION DATED AUGUST 17, 2022. A RESOLUTION AUTHORIZING PHASE III WWTP IMPROVEMENTS IN AND FOR THE VILLAGE OF CAYUGA HEIGHTS, TOMPKINS COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $10,200,000 AND AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF $10,200,000 SERIAL BONDS OF SAID VILLAGE TO PAY THE COST THEREOF. BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Board of Trustees of the Village of Cayuga Heights, Tompkins County, New York (the "Village"), as follows: Section 1. PHASE III WWTP improvements, in and for the Village of Cayuga Heights, Tompkins County, New York, including incidental costs in connection therewith, is hereby authorized, subject to permissive 16 referendum, at a maximum estimated cost of $10,200,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $10,200,000 serial bonds of said Village, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Village of Cayuga Heights, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Village, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Village Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Village Treasurer, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Village Treasurer, the chief fiscal officer of such Village. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Village Treasurer shall determine consistent with the provisions of the Local Finance Law. Section 7. The Village Treasurer is hereby further authorized, at her sole discretion, to execute a project finance and/or loan agreement, and any other agreements with the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the object or purpose described in Section 1 hereof, or a portion thereof, by a bond or note issue of said Village in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. 17 Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Village for such purpose, together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 11. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. Motion: Trustee Rennekamp Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried a.Safe Streets Contribution Resolution: The program known as Safe Streets for All (SS4A) has a pool of $5 billion to distribute to state/local projects, but eligibility is based on the completion of a Safety Study. Therefore, the Village would need to have a Safety Study to be eligible to submit for a grant to fund the Pleasant Grove/Hanshaw/Triphammer Road intersection improvement project. •B. Cross states that the City of Ithaca has put together that grant application and the Village is being asked to contribute $6,374. This commitment will qualify the Village for future grants for our projects. •Trustee Hubbell asks what the uses might be for this grant opportunity. •B. Cross states that if awarded this grant would cover 80% of the total project cost. The Village would work on the Bergmann Traffic Study which is redesigning the N. Triphammer, Hanshaw, and Pleasant Grove intersections. •Clerk Walker asks what the timeframe for completion of this study. •B. Cross states that the deadline to submit the grant is at the end of August with an projection of awards in 2023. Resolution: 9238 WHEREAS, in 2022, the Bipartisan Infrastructure Law established the new Safe Streets and Roads for All (SS4A) federal grant program, with up to one billion dollars appropriated in FY22, and with a local match of 20% of the project cost; and WHEREAS, local municipalities are eligible to apply for funding to create a detailed transportation safety “Action Plan”, either individually or in collaboration with other municipalities; and WHEREAS, the FY22 Notice of Funding Opportunity (NOFO, available here: https://www.grants.gov/web/grants/view-opportunity.html?oppId=340385), states that applications with multiple municipalities partnering to create a plan will be more competitive for funding than applications from a single municipality; and 18 WHEREAS, successful creation of an Action Plan in this grant cycle would make the partnering municipalities eligible to apply for implementation grants in future years of this grant program, either individually or in collaboration; and WHEREAS, the City of Ithaca has agreed to be the “Lead Applicant” on this planning grant application, with multiple neighboring municipalities expressing interest in applying as “Joint Applicants”, including the following in alphabetical order • Town of Caroline • Town of Danby • Town of Dryden • Town of Ithaca • Town of Lansing • Village of Cayuga Heights • Village of Lansing WHEREAS, the role of the City of Ithaca as Lead Applicant will be to complete the online application on behalf of all partnering municipalities for FY22 funding, with an application due date of September 15, 2022; and WHEREAS, the City of Ithaca is presenting a resolution to its Common Council, requesting a budget to fund the study in whole at $750,000, to be eventually reimbursed 80% by the grant, with individual municipalities reimbursing the City of Ithaca for its share of the 20% local match. The Village of Cayuga Heights share of the local match will be $6,374.00; then be it RESOLVED, that the Village of Cayuga Heights agrees to partner with the City of Ithaca and other neighboring municipalities to jointly apply for the SS4A planning grant opportunity to create an Action Plan that uncovers both regional and municipality-specific transportation safety problems, as well as presents detailed regional and municipality-specific solutions; and RESOLVED, that the Village of Cayuga Heights agrees to reimburse the City of Ithaca for its share of the 20% local match ($150,000 total local match for a $750,000 total project cost), specifically that the Village of Cayuga Heights will reimburse the City of Ithaca the amount of $6,374.00. FURTHER BE RESOLVED that the Village of Cayuga Heights Board of Trustees authorizes the Mayor to sign the letter of support for this financial commitment. Motion: Trustee Hubbell Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried b. Lead Pipe Service Replacement: The Clean Water State Revolving Fund has opened up an opportunity for the Village to submit a grant. •B. Cross states that T.G. Miller can use the engineering report that was submitted for the Congressional Application with compliance adjustments for the EFC submittal. The action item needed tonight is to authorize T.G. Miller to 19 proceed with the work and allow Michele Palmer to submit the grant application at the end of the month. The work is not to exceed $2500. Resolution: 9252 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approved Mayor Woodard signing the T.G. Miller EFC Grant Application work for $2500. Motion: Trustee Marshall Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried c. Ranic Update: •B. Cross states that he spoke to the project designer, N. Demarest two weeks ago and it was asked if the Village would be upset if the hotel was moved to the Town of Ithaca and not in the Village. He further states that if the project wants to change to do that the Village does not have an opinion as expressed by Planning Board Chair F. Cowett and others. •Trustee Salton states that he has expressed that certain people were pretty negative about this project from the beginning and maybe that is why they are moving the project. •Village Attorney R. Marcus states that Brent's communications with the development team show us why a PDZ is a benefit to the Village to grant a PDZ. Maybe they do not have those components and the Town of Ithaca has more flexibility and would make the project easier for them. d. Rightsizing Culvert Project Update: A total of 8 culvert locations will be replaced under this project. •B. Cross states that he would like to have a discussion on the project's unexpected costs during an executive session. 11. Report of Clerk Walker: •Clerk Walker states that General Code has completed the first step in codifying the Village Employee Handbook and he will be adding the newly formed I.T. Policies. •Clerk Walker states that the Village Property Tax Collection is now down to less than $46,000 and Deputy Clerk Perkins has been doing a great job calling residents about their delinquent taxes. •Clerk Walker also states that Village Annual Newsletter will soon be developed by Deputy Clerk Perkins, and they are looking for articles from the Village Department Heads. 12. Report of Attorney Marcus: No report at this time. 13. Executive Session: Resolution: 9253 20 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: 9254 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees exits Executive Session and returns to an open meeting. Motion: Trustee Marshall Second: Trustee Rennekamp Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 14. Adjournment: Mayor Woodard adjourns the meeting at 10:35 p.m.