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HomeMy WebLinkAbout10.19.2022_Minutes1 Minutes VILLAGE OF CAYUGA HEIGHT Wednesday, October 19, 2022 Zoom Meeting ID # 4118425407 BOARD OF TRUSTEES 7:00 p.m. MONTHLY MEETING Present: Mayor Woodard; Trustees: Biloski, Hubbard, Marshall, Robinson, and Salton; Village Engineer B. Cross; Director of Public Works Wiese; Clerk Walker; Treasurer Dolch; Attorney Marcus: Absent: Trustee Rennekamp, Police Chief Wright, Fire Superintendent Tamborelle. 1. Call to Order: Mayor Woodard calls the meeting to order at 7:04 p.m. 2. Approval of Meeting Minutes: September 21st, 2022 (Exhibit 2023-074) Resolution # 9274 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the September 21, 2022, Board Meeting minutes as presented. Motion: Trustee Salton Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Robinson, and Salton Nays: none Abstentions: none Motion Carried 3. Report of Fire Superintendent Tamborelle: Submitted Report (Exhibit 2023-075) •Fire Superintendent Tamborelle was on an emergency call at the time of his report. The Board accepted his report. 4. Privilege of the Floor: No Members of the Public Wished to Speak. •Village Attorney R. Marcus introduces Robert Kawecki who is in attendance via Zoom. Robert is an attorney at the firm of Bousquet Holstein PLLC and has been assisting Village Attorney R. Marcus. 5. Report of Treasurer Dolch: Submitted Report (Exhibit 2023-076) •Village Treasurer Dolch states that the 2022 AUD is nearly complete. •Village Treasurer Dolch states that she has moved money from the regular savings account into the NYCLASS savings account based on the recommendation from the Village Finance Committee. The current interest rate at the Tompkins Community Bank is .08% and NYCLASS is 2.28% Approval of Abstract # 5 Resolution: 9275 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves Abstract #5 for FYE2022 - 2023 consisting of TA vouchers 32-40 in the amount of $15,184.82 and Consolidated Fund vouchers 281-369 in the amount of $1,267,387.02 and the Treasurer is instructed to make payments thereon. 2 •Mayor Woodard states that that is a lot of money for one month. •B. Cross states that the WWTP general contractor had two back-ordered digester covers that are being paid out of this abstract which was $791,954.51. The money spent will be reimbursed through the EFT grant. •Trustee Robinson inquires about whether or not there are any WWTP work change orders in this abstract. •B. Cross states there will be a couple of work change orders in the next abstract but not in this one. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Robinson, and Salton Nays: none Abstentions: none Motion Carried 6. Report of Mayor Woodard: a. Public Hearing on Proposed Local Law D- Short-Term Rentals: This new local law modifies the short- term rental law of 2018. The permit fee is increasing from $125 to $150 and also increases the fine structure to $300 a day that is found in violation. •Mayor Woodard states that with the lack of compliance, the Village has hired a company called Granicus that will be able to scrub rental sites to find those residents who are operating short-term rentals without a permit. •Trustee Salton asks for clarification on the $300 dollar a day fine. • Village Attorney R. Marcus states that one component of the fine structure is intended to address a property owner that lists or otherwise advertises their property for short-term rental without having obtained a permit even if they have not rented it, resulting in a $300 dollar fine. •Trustee Salton wants to know what constitutes proof of a violation. He states that a $300 a day fine is pretty harsh therefore how do we prove that they violated this law? •Mayor Woodard states that there will be screenshots and the scrubbing software will supply that evidence. •Clerk Walker states that Trustee Salton raises a good point and suggests that at the Granicus training taking place next week we will ask that question. •Trustee Salton states that he would not want to shift the burden onto the homeowner to disprove some kind of software glitch. The Board agreed. •Mayor Woodard states that the goal of this law being passed tonight helps us reach out to Village residents and make sure they know we are aware of them operating a short-term rental without a permit. Then allow them to come into compliance on January 1st, 2023 when this new law takes effect. •Mayor Woodard opens the Public Hearing at 7:21 p.m. •Mayor Woodard closes the Public Hearing at 7:21 p.m. 3 Resolution: 9276 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees adopts Proposed Local Law D of 2022 as Local Law 4 of 2022 VILLAGE OF CAYUGA HEIGHTS PROPOSED LOCAL LAW D OF THE YEAR 2022 A LOCAL LAW TO AMEND THE VILLAGE OF CAYUGA HEIGHTS CODE CHAPTER 305, "ZONING," ARTICLE V, “RESIDENCE ZONE,” SECTION 305-17(I), "SHORT-TERM RENTAL" PROVISIONS 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 the use of residences in the Village as short-term rental units continues to occur and that in some cases homeowners have failed to comply with the Village Code's requirements for short- term rentals. Additionally, the Village Board has determined that the short-term rental registration permit fee should be increased. Further, the Village Board has determined that the provisions of Section 305-17(I)(5) concerning penalties for violations are unnecessarily complicated and should be revised and simplified. The purpose of this Local Law is to modify the text of Village Code Chapter 305, Article V, Section 305-17(I) as stated 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 ZONING LAW ARTICLE V, "RESIDENCE ZONE," SECTION 305-17(I)(3), "SHORT-TERM RENTAL REGISTRATION PERMIT" Subsection 305-17(I)(3)(c), of Article V, "Residence Zone," of the Zoning Law, is hereby deleted in its entirety and replaced with the following: (c) The registration permit fee is $150.00 per year. SECTION IV AMENDMENT OF ZONING LAW ARTICLE V, "RESIDENCE ZONE," SECTION 305-17(I)(5), "PENALTIES" Subsection 305-17(I)(5), of Article V, "Residence Zone," of the Zoning Law, is hereby deleted in its entirety and replaced with the following: (a) The penalty provisions of § 305-113 below shall not apply to any violation of the provisions of this § 305-17(I), and the following provisions shall apply to any such violation. (b) If the owner of any residence who uses the residence or any part thereof for short-term rental in violation of the requirements of this section, whether in violation of registration permit requirements, in violation of the maximum 4 time limits stated in Subsections (I)(2)(a)-(c) above, or otherwise, each such violation shall be punishable by a fine of $300.00, and the registration permit shall be revoked for the current year and may not be renewed for the following year. (c) Each additional violation, including but not limited to, each additional night rented beyond the limits stated in Subsections (I)(2)(a)-(c), shall constitute a separate and new violation, and each new violation shall be punishable by a fine of $300.00. (d) If an owner uses the residence or any part thereof for short-term rental without having obtained a registration permit, the owner shall be prohibited from obtaining a short-term rental registration permit from the Village for the remainder of that calendar year. (e) In addition to any penalties imposed by this section, an owner found in violation of this section shall be liable for any costs and reasonable attorney's fees incurred by the Village of Cayuga Heights related to the enforcement of these provisions against the owner. (f) All penalties assessed in accordance with this section, including all costs and reasonable attorney's fees, 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. 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 as of January 1, 2023. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Robinson, and Salton Nays: none Abstentions: none Motion Carried b: Appointment of Trustee Biloski to the Village Public Safety Committee •Mayor Woodard would like to appoint J. Biloski to the Village Public Safety Committee for one official year (4/23) 5 Resolution # 9277 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the appointment of Jennifer Biloski to the Village Public Safety Committee for one official year. (4/2023) Motion: Trustee Robinson Second: Trustee Salton Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Robinson, and Salton Nays: none Abstentions: Biloski Motion Carried c. Village of Cayuga Heights Human Resources Committee: This committee was formerly part of the Administrative Committee. •Mayor Woodard would like to appoint herself to the Human Resources Committee for one official year. (4/2023) Resolution # 9278 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Mayor Woodard to the Human Resources Committee for one official year. (4/2023) Motion: Trustee Marshall Second: Trustee Hubbell Ayes: Trustees: Biloski, Hubbell, Marshall, Robinson, and Salton Nays: none Abstentions: Mayor Woodard Motion Carried •Mayor Woodard would like to appoint Trustee Biloski as chair of the Human Resources Committee for one official year. (4/2023) Resolution # 9279 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Trustee Biloski as Chair to the Human Resources Committee for one official year. (4/2023) Motion: Trustee Robinson Second: Trustee Salton Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Robinson, and Salton Nays: none Abstentions: Biloski Motion Carried •Mayor Woodard would like to appoint Trustee Robinson to the Human Resources Committee for one official year. (4/2023) 6 Resolution # 9280 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Trustee Robinson to the Human Resources Committee for one official year. (4/2023) Motion: Trustee Marshall Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, and Salton Nays: none Abstentions: Robinson Motion Carried •Mayor Woodard would like to appoint Village Clerk Walker to the Human Resources Committee for one official year. (4/2023) Resolution # 9281 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Village Clerk Walker to the Human Resources Committee for one official year. (4/2023) Motion: Trustee Biloski Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Robinson, and Salton Nays: none Abstentions: none Motion Carried d. Village of Cayuga Heights Sunset Park Task Force: The Board recommended starting a small group (task force) to review and develop plans proposed by Whitham Planning and Design PLLC. Sunset Park Conceptual Park Design •Mayor Woodard would like to create a Sunset Park Task Force and appoint the following members. Resolution # 9282 BE IT RESOLVED THAT: The Board of Trustees authorize and approves the formation of the Village of Cayuga Heights Sunset Park Task Force. Motion: Trustee Biloski Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Robinson, and Salton Nays: none Abstentions: none •Mayor Woodard would like to appoint Trustee Marshall as chair of the Sunset Park Task Force. Resolution # 9283 7 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Trustee Marshall as Chair of the Sunset Park Task Force. Motion: Trustee Biloski Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Robinson, and Salton Nays: none Abstentions: Marshall •Mayor Woodard would like to appoint Trustee Hubbell to the Sunset Park Task Force. Resolution # 9284 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Trustee Hubbell to the Sunset Park Task Force. Motion: Trustee Marshall Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, Marshall, Robinson, and Salton Nays: none Abstentions: Hubbell •Mayor Woodard would like to appoint Trustee Biloski to the Sunset Park Task Force. Resolution # 9285 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Trustee Biloski to the Sunset Park Task Force. Motion: Trustee Marshall Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, Robinson, and Salton Nays: Biloski Abstentions: none •Mayor Woodard would like to appoint Village Historian Szekely to the Sunset Park Task Force Resolution # 9286 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Village Historian Szekely to the Sunset Park Task Force. Motion: Trustee Biloski Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Robinson, and Salton Nays: none Abstentions: none e. Plant-to-Plant Agreement Update: Essentially the agreement is down to the carrying cost to the Village. 8 •Mayor Woodard will be proposing that we go back to the original formula for the carrying costs which is based on the amount of sewage in a 24-hour period that goes to the IAWWTF. •Mayor Woodard states that she is confident that we will solve enough I & I issues that we will not need to send anything to the Ithaca plant. •Mayor Woodard shares a sewer flow meter chart for the Board to review. •Trustee Hubbell asks Mayor Woodard about who is going to monitor the meters to know if and when we need to open the Kline Rd. By-pass. •Mayor Woodard states that would be monitored by Director of Public Works M. Wiese and Village Engineer B. Cross. 7. Report of The Trustees: •Trustee Hubbell states that the Cayuga Lake Watershed IO will hold its next meeting at the Aurora Inn. •Trustee Salton states that he has been attending some of the reimaging public safety meetings and he is interested in the unarmed mental health responses. •Trustee Salton states that the area ambulance services seem to be inundated with not just mental health calls but also drug overdose calls which bogs down the system it was intended to perform. •Trustee Salton feels that it is vital to keep a dialogue going for how we do business with non-criminal civil situations. •Trustee Robinson states that he sees both sides of the argument for having police assist on a mental health call. He likes the idea that there could be a non-uniformed officer used. •Trustee Salton states that the real issue is funding, where does the money come from to make this discussion come to fulfillment? 9 •Trustee Hubbell states that mental health has become more of a mainstream topic and therefore there is more support for addressing mental health issues. 8 . Report of Police Chief Wright: Submitted Report (Exhibit 2023-081) •Police Chief Wright was on an emergency call during the Board Meeting. The Board accepted his report. 9. Report of Director of DPW Wiese: Submitted Report (Exhibit 2023-082) •Director Wiese states that Bolton Point was doing their required valve inspections when they located two valves that were leaking. One valve was located at the intersection of Cambridge and Burleigh Drive and the other was located on North Triphammer Road. Both valves were exposed and found to have deteriorated bolts which were replaced. Another valve located on Hanshaw Road was found to be leaking and had the bolts replaced as well. •Director Wiese states that a water break was discovered on September 23rd on East Upland Road near Community Corners. The crew was able to repair the break. •Director Wiese states that Ralph Newhart sent in a letter informing the Village of his retirement as of October 1st. 2022. Ralph was a 34 Year employee and will retire as a Motor Equipment Operator. •Director Wiese states that the only action item he needs tonight is Board approval for various DPW equipment that was scheduled to go to auction to be declared surplus as described in Exhibit 2023-082. Resolution: 9287 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees hereby declares the auction items presented in the seller settlement from Teitsworth Inc. in exhibit 2023-082 as surplus and authorized and approved the auction price of $24,510.00 from September 20, 2022. Motion: Trustee Salton Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Robinson, and Salton Nays: none Abstentions: none Motion Carried 10. Report of Village Engineer Cross: •B. Cross states that the first action item he needs tonight is Board approval for the Bergmann & Associates traffic Study concerning the RaNic Golf Club Planned Development Zone (PDZ). •B. Cross states that RaNic Golf Club has asked Bergmann & Associates to provide a fee and scope proposal to review the Traffic Impact Study for the site plan development of the RaNic Golf Club. The Town of Ithaca will also be contributing to the cost of this study. •Village Attorney R. Marcus states that the Village will not be out of pocket on this money since it will be reimbursed by the RaNic Golf Club. •Trustee Marshall inquires about how the traffic study will incorporate the size of the hotel and townhouses proposed in this PDZ. 10 •B. Cross states that once the study is complete then the data collected from the traffic consultant (SRF) is sent to Bergmann and us then we will be able to have some impact numbers. Resolution: 9288 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Mayor Woodard to sign the Bergmann & Associates Traffic Impact Study in the amount not to exceed $9550 as presented in Exhibit 2023-083. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Robinson, and Salton Nays: none Abstentions: none Motion Carried •B. Cross states that NYS is requiring each municipality to update the New York State Uniform Fire and Prevention and Building Code Law, also called Section 1203 Law. •Village Attorney R. Marcus states that most of the text in this new version is the same this new version just goes into more detail. •The Board reviewed the changes recommended by Village Engineer B. Cross and Village Attorney R. Marcus. •B. Cross states that the next step would be to send this Proposed Local Law -E of 2022 to the General Code to codify and for the Board to schedule a Public Hearing at the November 16, 2022 Board Meeting. Resolution: 9288 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees hereby schedules a Public Hearing on November 16, 2022, at 7:05 p.m. to seek comments on Proposed Local Law -E of 2022 as presented in Exhibit 2023-084 Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Robinson, and Salton Nays: none Abstentions: none Motion Carried 11. Report of Clerk Walker: •Clerk Walker states for tonight Mayor Woodard will need to recommend re-appointing himself to the Tompkins County Environmental Management Council for one year. •Mayor Woodard stated that she would like to appoint Village Clerk Jeffrey D. Walker to the EMC for one term ending in December 2023. 11 Resolution # 9290 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Village Clerk Jeffrey D. Walker to the Tompkins County Environmental Management Council for one year ending in December 2023. Motion: Trustee Hubbell Second: Trustee Salton Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Robinson, and Salton Nays: none Abstentions: none •Clerk Walker states that both Constellation Energy (electric) supplier has stated that this year we will see double-digit increases, especially in the winter months. The same goes for natural gas through Direct Energy. •Clerk Walker states that Village Justice Galbreath would like the Board's approval to perform a wedding ceremony in Marcham Hall on November 6, 2022. •Mayor Woodard stated that there was also another wedding request at Sunset Park this spring. •Clerk Walker stated that is correct and they have not formally submitted a Parade and Special Events Permit. •Village Attorney R. Marcus stated that this wedding ceremony request would also fall under the Parade and Special Events and therefore be subject to a permit. •Clerk Walker will inform Justice Galbreath and get the necessary paperwork filed. •Clerk Walker states that the last action item he has tonight is the Board approval for the amended 2023 Municipal Cooperative Agreement for the Greater Tompkins County Municipal Health Insurance Consortium (Consortium) Resolution. Clerk Walker stated that any time the Consortium brings on new members under the operational guidelines of the consortium a new Agreement needs to be approved by the members. Resolution: 9291 WHEREAS, the Village of Cayuga Heights is a Participant in the Greater Tompkins County Municipal Health Insurance Consortium (the "Consortium"), a municipal cooperative organized under Article 47 of the New York Insurance Law, and WHEREAS, the municipal participants in the Consortium, have approved and executed a certain Municipal Cooperation Agreement (the "Agreement"; effective date of October 1, 2010) and the 2023 Amendment that provides for the operation and governance of the Consortium, and WHEREAS, the Consortium's Board of Directors has recommended approval of the 2023 amended agreement, and WHEREAS, the Municipal Cooperative Agreement requires that amendments to the agreement be presented to each participant for review and adopted by each municipal board, RESOLVED, that the Village of Cayuga Heights approves and authorizes the Chief Executive Officer to sign the 2023 Amendment to the Municipal Cooperative Agreement of the Greater Tompkins County Municipal Health Insurance Consortium, 12 RESOLVED, further, that the Clerk of the Village of Cayuga Heights is hereby authorized to execute this Resolution to indicate its approval, transmit a copy thereof to the Board of Directors of the Greater Tompkins County Municipal Health Insurance Consortium, and take any other such actions as may be required by law. FURTHER BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Mayor Woodard to sign the Amended 2023 Municipal Cooperative Agreement for the Greater Tompkins County Municipal Health Insurance Consortium. Motion: Trustee Salton Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Robinson, and Salton Nays: none Abstentions: none Motion Carried •Trustee Salton stated that the Consortium does not have its own Medicare Advantage Plan but is actively looking for a program to offer. 12. Report of Attorney Marcus: No report at this time. 13. Adjournment: Mayor Woodard adjourns the meeting at 8:40 p.m.