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Home My WebLink About11.16.2022_Agenda1 Zoom Link 4118425407 Village of Cayuga Heights Board of Trustees Monthly Meeting November 16, 2022 7:00 p.m. EXHIBIT/PAGE 1. Call To Order 2a. Approval of October 19th, 2022 Meeting Minutes 2023 - 088 pgs. 2-13 2b. Approval of October 28th , 2022 Meeting Minutes 2023 - 089 pg. 14 3. Report of the Fire Superintendent Tamborelle: Submitted Report 2023 - 090 pgs. 15-16 4. Privilege of the Floor: 5. Report of Treasurer Dolch: Submitted Report 2023 - 091 pgs. 17-18 6. Report of Mayor Woodard a. Public Hearing on Proposed Local Law – E Building Code 2023 - 092 pgs. 19-46 b. Ralph Newhart Resolution 2023 - 093 pg. 47 c. JYC appointment 2023 - 094 pg. 48 d. Plant to Plant Agreement e. Proposed Local Law F of 2022- Definition of Affinity House 2023 - 095 pgs. 49-50 f. TAP 2022 Cayuga Heights Sidewalk Resolution 2023 - 096 pg. 51 g. Gang of Six Update 7. Report of the Trustees 8. Report of Police Chief Wright: Submitted Report 2023 - 097 pgs. 52-53 9. Report of Director of Public Works Wiese: Submitted Report 2023 - 098 pg. 54 10. Report of Superintendent of Public Works Cross: Submitted Report 2023 - 099 pgs. 55-56 11. Report of Clerk Walker: Submitted Report 2023 -100 pg. 57 a. Village Taxes Collection Resolution 2023 - 100 pg. 58 b. Y2637 Water Bill 2023 - 101 pg. 59 c. J2342 Water Bill 2023 - 102 pg. 60 12. Report of Village Attorney: 13. Adjournment 2 EXHIBIT 2023-088 Minutes VILLAGE OF CAYUGA HEIGHT October 19, 2022 7:00 p.m. Zoom Meeting ID # 4118425407 BOARD OF TRUSTEES 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 the September 21, 2022 Meeting Minutes 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 3 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. •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 current 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 4 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. 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" 5 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 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 6 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) 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 7 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) 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 8 Nays: none Abstentions: none •Mayor Woodard would like to appoint Trustee Marshall as chair of the Sunset Park Task Force. Resolution # 9283 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 9 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. •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. 10 •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? •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. 11 •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. •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: 12 •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. 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 13 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, 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. 14 EXHIBIT 2023-089 Minutes VILLAGE OF CAYUGA HEIGHT October 28, 2022 10:00 a.m. Zoom Meeting ID # 4118425407 SPECIAL BOARD OF TRUSTEES MEETING Present: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall; Clerk Walker. 1.Call to Order: Mayor Woodard calls the meeting to order at 10:03 a.m. 2. Privilege of the Floor: No Members of the Public Wish to speak. 3. 2023 CHFD Resolution: Fire superintendent G. Tamborelle has found through a different dealer a in stock 2023 Chevy Tahoe that the CHFD could purchase immediately. The previous resolution and purchase order had a delivery date of late April 2023. Resolution # 9292 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 decreasing 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 WHEREAS, 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 $60,000, 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: Biloski, Hubbell, and Marshall Nays: none Abstentions: none Motion Carried 4. Adjournment: Mayor Woodard adjourns the meeting at 10:10 a.m. 15 EXHIBIT 2023-090 September 13, 2022 Honorable Linda Woodard Board of Trustees Village of Cayuga Heights Monthly Report October 2022 October’s pace did not slow down with 53 calls for the month. We had 30 calls in the Village of Cayuga Heights, 19 calls in the Town of Ithaca and 4 mutual aid requests. There were 35 EMS calls and 18 fire responses. We had some interesting calls this month. We were requested to Remington Road between N. Sunset and Cayuga Heights Road for a report of a person in the gorge beside the road. CHFD units were responding immediately and we due to the call being in a gorge we also requested a rope rescue team from the Ithaca Fire Department. CHFD and Bangs units arrived at the scene and went into the gorge to assess the incident. They found a person down in the gorge with no pulse and CPR being performed by a bystander. CHFD and Bangs quickly took over medical care. The person was initially found to be pulseless but with good CPR and advanced life support care from CHFD and Bangs pulses were restored. The rope team from Ithaca Fire quickly set up a haul system to get the person from the gorge and into the waiting ambulance. The outstanding care provided and teamwork from multiple agencies was nothing short of amazing. From start to finish the entire call took 58 minutes! Later in the month we were requested to The Corners Laundromat for a fire in a dryer. We responded and found a heavy smoke condition and an active fire in one of the dryers. The fire was quickly suppressed, and the gas and electric were shut down. We checked for extension of the fire and found that it was completely contained to the dryer. The investigation found that the dryer was filled with towels that had been used at a spa and were washed and dried with oil from the spa still on the towels. When the dryer cycle ended, and the towels sat hot in the dryer the oil residue spontaneously combusted and caused the fire. October started another cycle of recruit training and that was the focus for us. Organizing the trainings and getting everything into place takes a major amount of work. The lieutenants and bunkers have really taken the lead on this process. We did continue our emphasis on calls involving motor vehicles. We got a car donated to the department from Koskinen’s Towing for extrication training. We were able to use every part of the vehicle to perform drills with hydraulic and battery powered rescue equipment. Everyone always enjoys a training where they get to destroy something, and they did it very well. Our recruiting process yielded us 16 new members. They were all voted into the department in October and did their three recruit classes. We advised them to start quickly on their checklist process and as of the beginning of November many of them were completely done with first sign off and working on their seconds. There was a large amount of interest from many of them to be interior firefighters. The county had already run the Basic Exterior Firefighting Operations (BEFO) in the fall. BEFO is a requirement for Interior Firefighting Operations (IFO) which is the class needed to become and interior firefighter. In speaking with the lead county fire training instructor, we are hopeful that we will be able to run a BEFO class over the winter. During COVID the state worked on what they called a “blended” BEFO class with much of the course 16 work done online. They had a very mixed experience with this because many volunteer firefighters are not overly enthusiastic about online learning. We at the CHFD are not in that demographic and since we have 13 members interested in taking the blended learning BEFO that would allow them to complete the online course work during winter break and the skills when they get back. We may be able to make this happen in the county. We had ordered a new Chevy Tahoe to replace U243 in August. This project is being funded from The Hanselman Trust. We found that the dealership we had originally placed the order with was unsure when the vehicles would be delivered. They gave a timeline of April to August. We received a notice that a dealership in Albany had a large order of vehicles being built with a planned delivery of early January. With the current market for used vehicles being what it is we figured that ordering from the dealership that had the vehicles coming in would be the better option. This required some appreciated board action as the vehicle would be more expensive. While working through the email requesting the better option the dealership called and said they had a vehicle on the lot that met our specifications and was available because another department had cancelled their order. We picked the vehicle up and it will soon be going out for outfitting and will be in service in mid-November. In October we had some electrical upgrades done in the truck bays. We replaced some ceiling fans that were not working and had the cord reels mounted on the ceiling checked and replaced as needed. We had a representative from JD Farro roofing come by the station to evaluate the roof. We are getting some wet ceiling tiles in the station which would indicate water penetrating the roof. We do think this is coming from the penetrations in the roof. We determined that using a process called Eagle View, a satellite evaluation of the roof, would be a good starting point. We did receive the report and are currently figuring out if doing one section at a time or the whole roof at once will be the way to go. It was interesting to find that there are 43 roof penetrations for vents and stacks. We did our annual Halloween candy give out and it was a huge hit again. We took the trucks our and parked in strategic locations in the district and handed out candy to the kids. This was a great way for our new members to see how appreciated the department is in the community. Sincerely, George Tamborelle Fire Chief/Fire Superintendent 17 EXHIBIT 2023-091 VILLAGE OF CAYUGA HEIGHTS TREASURER’S REPORT AUD: The 2022 AUD has been submitted to the Office of the State Comptroller. Revenues and Expenses: October bank to book reconciliation is complete. They have been reviewed and approved by Trustee and Deputy Treasurer Rennekamp. A copy of the accounting system generated Monthly Treasurer’s Report is attached. Audit: Our member of our new Audit firm was in the building this week. They have completed the transition with Insero and have started reviewing our FY2022 books. They will be back in person in early January for a few days of in-housework. Approval of Abstract 6: BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Abstract #6 for FYE2023 consisting of: • TA vouchers 41-48 in the amount of $13,181.55 and • Consolidated Fund vouchers 370 - 461 in the amount of $1,322,548.51 and the Treasurer is instructed to make payments thereon. Respectfully Submitted Laura W. Dolch Laura W. Dolch Treasurer 18 19 EXHIBIT 2023-092 PROPOSED LOCAL LAW E OF 2022 DRAFT MODEL LOCAL LAW ESTABLISHING A LOCAL GOVERNMENT CODE ENFORCEMENT PROGRAM NOTE 1: This model local law is intended to be used only as a guide. Each local government should work with its attorney in preparation of a local law that satisfies the minimum standards. NOTE 2: Under no circumstances should this model local law be adopted “as is.” At a minimum, provisions in bold italics need to be filled in with the appropriate information (or, in some cases, deleted). In addition: • Section 4 (“Building Permits”) imposes the requirement that a building permit be obtained before any work is performed. If a local government wishes to exempt certain categories of work from the building permit requirement, the local government should use the Alternative 1 versions of subdivisions (a), (b), and (c) of Section 4, and should include in subdivision (b) only those categories of work that the local government wishes to exempt from the building permit requirement. (Note that the Alternative 1 version of Section 4, subdivision (b), lists all of the categories of work that a local government is allowed to exempt from the building permit requirement – the local government may not exempt any category of work not listed there.) If a local government does not wish to exempt any category of work from the building permit requirement, the local government should use the Alternative 2 versions of subdivisions (a), (b), and (c) of Section 4. • Section 9 (“Unsafe Buildings, Structures, and Equipment and Conditions of Imminent Danger”) requires the local government to make reference to another local law that establishes the local government’s procedures for identifying and addressing unsafe buildings, structures, and equipment and conditions of imminent danger (Alternative 1) or to draft and insert such provisions in Section 9 (Alternative 2). • Section 10 (“Operating Permits”) imposes the requirement that an operating permit be obtained for operating certain buildings and/or conducting certain activities. If a local government wishes to allow exemptions from the operating permit requirement, the local government should use the Alternative 1 version of subdivision (c) of Section 10. If a local government does not wish to allow exemptions from the operating permit requirement, the local government should use the Alternative 2 version of subdivision (c) of Section 10. 20 NOTE 3: The local government’s provisions for identifying and addressing unsafe buildings, structures, and equipment and conditions of imminent danger, whether in another local law (Section 9, Alternative 1) or in this local law (Section 9, Alternative 2), must recognize and protect the right of all persons and entities to due process of law. In particular, but not by way of limitation, provisions authorizing the local government to post, placard, or condemn any building or structure and/or to remove any owner or occupant or cause any owner or occupant to be removed from any building or structure should (1) require the local government to first give such notice and opportunity to be heard (and, if applicable, right to appeal) as may be required under the applicable circumstances by applicable Federal and/or New York State Constitutional Provisions; (2) provide that in cases of imminent danger, posting, placarding, and condemning a building or structure and/or removing owners and occupants or causing owners and occupants to be removed without first providing an opportunity to be heard shall be permitted but only to the extent consistent with applicable Federal and New York State Constitutional provisions; and (3) provide that in any case of imminent danger where posting, placarding, and condemning a building or structure and/or removing owners and occupants or causing owners and occupants to be removed does occur without first providing an opportunity to be heard, the local government shall afford the affected persons and entities the opportunity for a post-action hearing to the extent required by applicable Federal and/or New York State Constitutional provisions. The local government should consult with its own attorney for further information and for legal advice regarding the applicable Federal and New York State Constitutional provisions and the drafting of provisions that recognize and protect due process rights. NOTE 4: With respect to inspections referred to in this model local law, the local government should bear in mind that in most cases, in the absence of consent from the building owner or other authorized person, the local government must obtain a warrant or court order before performing the inspection. The local government should consult with its own attorney for further information and for legal advice regarding the need for a warrant or court order in any given situation. NOTE 5: Section 14 (“Climatic and Geographic Design Criteria”) requires the code enforcement official to determine the climatic and geographic design criteria for buildings and structures constructed within the jurisdiction as required by the Uniform Code. Please see Technical Bulletin TB-1009-RCNYS entitled “Requirements for Completing Table R301.2(1) in the 2020 Residential Code of New York State” and note that some values could be a range depending upon the boundaries of the jurisdiction. 21 Local Law E of 2022 Be it enacted by the Board of Trustees of the Village of Cayuga Heights, in the County of Tompkins, as follows: SECTION 1. PURPOSE AND INTENT This local law provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the "Uniform Code") and the State Energy Conservation Construction Code (the "Energy Code") in the Village. of Cayuga Heights (the "Village"). This local law is adopted pursuant to Section 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, the Energy Code other state law, or other Section of this local law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this local law. SECTION 2. DEFINITIONS In this local law, the following terms shall have the meanings shown in this Section: “Assembly Area” shall mean an area in any building, or in any portion of a building, that is primarily used or intended to be used for gathering fifty or more persons for uses including, but not limited to, amusement, athletic, entertainment, social, or other recreational functions; patriotic, political, civic, educational, or religious functions; food or drink consumption; awaiting transportation; or similar purposes. “Building Permit” shall mean a building permit, construction permit, demolition permit, or other permit that authorizes the performance of work. The term “Building Permit” shall also include a Building Permit which is renewed, amended, or extended pursuant to any provision of this local law. “Certificate of Compliance” shall mean a document issued by the Village stating that work was done in compliance with approved construction documents and the Codes. “Certificate of Occupancy” shall mean a document issued by the Village certifying that the building or structure, or portion thereof, complies with the approved construction documents that have been submitted to, and approved by the Village, and indicating that the building or structure, or portion thereof, is in a condition suitable for occupancy. “Code Enforcement Officer” shall mean the Code Enforcement Officer appointed pursuant to subdivision (b) of Section 3 of this local law. “Code Enforcement Personnel” shall include the Code Enforcement Officer and all Inspectors. 22 “Codes” shall mean the Uniform Code and Energy Code. “Energy Code” shall mean the New York State Energy Conservation Construction Code adopted pursuant to Article 11 of the Energy Law. “FCNYS” shall mean the 2020 Fire Code of New York State as currently incorporated by reference in 19 NYCRR Part 1225. “Fire Safety and Property Maintenance Inspection” shall mean an inspection performed to determine compliance with the applicable provisions of 19 NYCRR Part 1225 and the publications incorporated therein by reference and the applicable provisions of 19 NYCRR Part 1226 and the publications incorporated therein by reference. “Hazardous Production Materials” shall mean a solid, liquid, or gas associated with semiconductor manufacturing that has a degree-of-hazard rating in health, flammability, or instability of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification of the Hazards of Materials for Emergency Response), and which is used directly in research, laboratory, or production processes which have, as their end product, materials that are not hazardous. “Inspector” shall mean an inspector appointed pursuant to subdivision (d) of Section 3 of this local law. “Mobile Food Preparation Vehicles” shall mean vehicles that contain cooking equipment that produces smoke or grease-laden vapors for the purpose of preparing and serving food to the public. Vehicles intended for private recreation shall not be considered mobile food preparation vehicles. “Operating Permit” shall mean a permit issued pursuant to Section 10 of this local law. The term “Operating Permit” shall also include an Operating Permit which is renewed, amended, or extended pursuant to any provision of this local law. “Order to Remedy” shall mean an order issued by the Code Enforcement Officer pursuant to subdivision (a) of Section 17 of this local law. “Permit Holder” shall mean the Person to whom a Building Permit has been issued. “Person” shall include an individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description. “PMCNYS” shall mean the 2020 Property Maintenance Code of New York State as currently incorporated by reference in 19 NYCRR Part 1226. 23 “RCNYS” shall mean the 2020 Residential Code of New York State as currently incorporated by reference in 19 NYCRR Part 1220. “Repair” shall mean the reconstruction, replacement, or renewal of any part of an existing building for the purpose of its maintenance or to correct damage. “Stop Work Order” shall mean an order issued pursuant to Section 6 of this local law. “Sugarhouse” shall mean a building used, in whole or in part, for the collection, storage, or processing of maple sap into maple syrup and/or maple sugar. “Temporary Certificate of Occupancy” shall mean a certificate issued pursuant to subdivision (d) of Section 7 of this local law. “Uniform Code” shall mean the New York State Uniform Fire Prevention and Building Code, Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant to Article 18 of the Executive Law. “Village” shall mean the Village of Cayuga Heights SECTION 3. CODE ENFORCEMENT OFFICER AND INSPECTORS (a) The Office of Code Enforcement Officer is hereby created. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code, and this local law. The Code Enforcement Officer shall have the following powers and duties: (1) to receive, review, and approve or disapprove applications for Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits, and the plans, specifications, and construction documents submitted with such applications; (2) upon approval of such applications, to issue Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits, and to include terms and conditions as the Code Enforcement Officer may determine to be appropriate in Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits; (3) to conduct construction inspections; inspections to be made prior to the issuance of Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits; fire safety and property maintenance inspections; inspections incidental to the investigation of complaints; and all other inspections required or permitted under any provision of this local law; 24 (4) to issue Stop Work Orders; (5) to review and investigate complaints; (6) to issue orders pursuant to subdivision (a) of Section 17 (Violations) of this local law; (7) to maintain records; (8) to collect fees as set by the Board of Trustees of this Village; (9) to pursue administrative enforcement actions and proceedings; (10) in consultation with this Village’s attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code, and this local law, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code, or this local law; and (11) to exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this local law. (b) The Code Enforcement Officer shall be appointed by the Board of Trustees. The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training, and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer shall obtain certification from the Department of State pursuant to the Executive Law and the regulations promulgated thereunder. (c) In the event that the Code Enforcement Officer is unable to serve as such for any reason, another individual shall be appointed by the Board of Trustees to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of their appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this local law. (d) One or more Inspectors may be appointed by Board of Trustees to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this local law. Each Inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training, and other training as the State of New York shall require for code enforcement personnel, and each Inspector shall obtain certification from the Department of State pursuant to the Executive Law and the regulations promulgated thereunder. 25 (e) The compensation for the Code Enforcement Officer and Inspectors shall be fixed from time to time by the Board of Trustees of this Village. SECTION 4. BUILDING PERMITS. (a) Building Permits Required. Except as otherwise provided in subdivision (b) of this Section, a Building Permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation, or demolition of any building or structure or any portion thereof, and the installation of a solid fuel burning heating appliance, chimney, or flue in any dwelling unit. No Person shall commence any work for which a Building Permit is required without first having obtained a Building Permit from the Village. (b) Exemptions. No Building Permit shall be required for work in any of the following categories: (1) construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses), which are used for tool and storage sheds, playhouses, or similar uses, provided the gross floor area does not exceed 144 square feet, provided that such construction or installation is performed in accordance with the applicable terms of Chapter 305, "Zoning," Sections 305-5 and, respectively, Sections 305-17(L) and 305-17(G); (2) construction of temporary sets and scenery associated with motion picture, television, and theater uses; (3) installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single- family dwellings (townhouses); (4) installation of partitions or movable cases less than 5'-9" in height; (5) painting, wallpapering, tiling, carpeting, or other similar finish work; (6) installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances; (7) replacement of any equipment provided the replacement does not alter the equipme nt’s listing or render it inconsistent with the equipment’s original specifications; or (8) repairs, provided that the work does not have an impact on fire and life safety, such as (i) any part of the structural system; (ii) the required means of egress; or (iii) the fire protection system or the removal from service of any part of the fire protection system for any period of time. 26 (c) Exemption not deemed authorization to perform non-compliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in subdivision (b) of this Section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code. (d) Applications for Building Permits. Applications for a Building Permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (1) a description of the location, nature, extent, and scope of the proposed work; (2) the tax map number and the street address of any affected building or structure; (3) the occupancy classification of any affected building or structure; (4) where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and (5) at least 2 sets of construction documents (drawings and/or specifications) which (i) describe the location, nature, extent, and scope of the proposed work; (ii) show that the proposed work will conform to the applicable provisions of the Codes; (iii) show the location, construction, size, and character of all portions of the means of egress; (iv) show a representation of the building thermal envelope; (v) show structural information including but not limited to braced wall designs, the size, section, and relative locations of structural members, design loads, and other pertinent structural information; (vi) show the proposed structural, electrical, plumbing, mechanical, fire-protection, and other service systems of the building; (vii) include a written statement indicating compliance with the Energy Code; (viii) include a site plan, drawn to scale and drawn in accordance with an accurate boundary survey, showing the size and location of new construction and existing structures and appurtenances on the site, distances from lot lines, the established street grades and the proposed finished grades, and, as applicable, flood hazard areas, floodways, and design flood elevations; and (ix) evidence that the documents were prepared by a licensed and registered architect in accordance with Article 147 of the New York State Education Law or a licensed and registered professional engineer in accordance with Article 145 of the New York State Education Law and practice guidelines, including but not limited to the design professional’s seal which clearly and legibly shows both the design professional’s name and license number and is signed by the design professional whose name appears on the seal in such a manner that neither the name nor the number is obscured in any way, the design professional’s registration expiration date, the design professional’s firm name (if not a sole practitioner), and, if the documents are submitted by a professional engineering firm and not a sole practitioner professional engineer, the firm’s Certificate of Authorization number. (b) Construction documents. Construction documents will not be accepted as part of an application for a Building 27 Permit unless they satisfy the requirements set forth in paragraph (5) of subdivision (d) of this Section. Construction documents which are accepted as part of the application for a Building Permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp, or in the case of electronic media, an electronic marking. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a Building Permit will be issued. Work shall not be commenced until and unless a Building Permit is issued. (c) Issuance of Building Permits. An application for a Building Permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Code Enforcement Officer shall issue a Building Permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. (d) Building Permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed. (e) Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the Building Permit. The Building Permit shall contain such a directive. The Permit Holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work. The Building Permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended Building Permit, such change shall not be made until and unless a new or amended Building Permit reflecting such change is issued. (f) Time limits. Building Permits shall become invalid unless the authorized work is commenced within 6 months following the date of issuance. Building Permits shall expire 12 months after the date of issuance. A Building Permit which has become invalid or which has expired pursuant to this subdivision may be renewed upon application by the Permit Holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer. (g) Revocation or suspension of Building Permits. If the Code Enforcement Officer determines that a Building Permit was issued in error because of incorrect, inaccurate, or incomplete information, or that the work for which a Building Permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that (1) all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and (2) all work then proposed to be performed shall be in compliance with all applicable provisions of t he Uniform Code and the Energy Code. (h) Fee. The fee specified in or determined in accordance with the provisions set forth in Section 18 (Fees) of this local law must be paid at the time of submission of an application for a Building Permit, for an amended Building Permit, or for renewal of a Building Permit. SECTION 5. CONSTRUCTION INSPECTIONS. 28 (a) Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an Inspector authorized by the Code Enforcement Officer. The Permit Holder shall notify the Code Enforcement Officer when any element of work described in subdivision (b) of this Section is ready for inspection. (b) Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable: (1) work site prior to the issuance of a Building Permit; (2) footing and foundation; (3) preparation for concrete slab; (4) framing; (5) structural, electrical, plumbing, mechanical, fire-protection, and other similar service systems of the building; (6) fire resistant construction; (7) fire resistant penetrations; (8) solid fuel burning heating appliances, chimneys, flues, or gas vents; (9) inspections required to demonstrate Energy Code compliance, including but not limited to insulation, fenestration, air leakage, system controls, mechanical equipment size, and, where required, minimum fan efficiencies, programmable thermostats, energy recovery, whole-house ventilation, plumbing heat traps, and high-performance lighting and controls; (10) installation, connection, and assembly of factor manufactured buildings and manufactured homes; and (11) a final inspection after all work authorized by the Building Permit has been completed. (c) Remote inspections. At the discretion of the Code Enforcement Officer or Inspector authorized to perform construction inspections, a remote inspection may be performed in lieu of an in-person inspection when, in the opinion of the Code Enforcement Officer or such authorized Inspector, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the 29 Code Enforcement Officer or by such authorized Inspector that the elements of the construction process conform with the applicable requirements of the Uniform Code and Energy Code. Should a remote inspection not afford the Code Enforcement Officer or such authorized Inspector sufficient information to make a determination, an in - person inspection shall be performed. (d) Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the Permit Holder shall be notified as to the manner in which the work fails to comply with the Uniform Code or Energy Code, including a citation to the specific code provision or provisions that have not been met. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed. (e) Fee. The fee specified in or determined in accordance with the provisions set forth in Section 18 (Fees) of this local law must be paid prior to or at the time of each inspection performed pursuant to this Section. SECTION 6. STOP WORK ORDERS. (a) Authority to issue. The Code Enforcement Officer is authorized to issue Stop Work Orders pursuant to this Section. The Code Enforcement Officer shall issue a Stop Work Order to halt: (1) any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or Energy Code, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or (2) any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or (3) any work for which a Building Permit is required which is being performed without the required Building Permit, or under a Building Permit that has become invalid, has expired, or has been suspended or revoked. (b) Content of Stop Work Orders. Stop Work Orders shall (1) be in writing, (2) be dated and signed by the Code Enforcement Officer, (3) state the reason or reasons for issuance, and (4) if applicable, state the conditions which must be satisfied before work will be permitted to resume. (c) Service of Stop Work Orders. The Code Enforcement Officer shall cause the Stop Work Order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the Permit Holder, on the Permit Holder) personally or by registered/certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the Stop Work Order, or a copy thereof, to be served on any builder, architect, tenant, 30 contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work affected by the Stop Work Order, personally or by registered/certified mail; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Stop Work Order. (d) Effect of Stop Work Order. Upon the issuance of a Stop Work Order, the owner of the affected property, the Permit Holder, and any other Person performing, taking part in, or assisting in the work shall immediately cease all work which is the subject of the Stop Work Order, other than work expressly authorized by the Code Enforcement Officer to correct the reason for issuing the Stop Work Order. (e) Remedy not exclusive. The issuance of a Stop Work Order shall not be the exclusive remedy available to address any event described in subdivision (a) of this Section, and the authority to issue a Stop Work Order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under Section 17 (Violations) of this local law or under any other applicable local law or State law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a Stop Work Order. SECTION 7. CERTIFICATES OF OCCUPANCY AND CERTIFICATES OF COMPLIANCE (a) Certificates of Occupancy and Certificates of Compliance required. A Certificate of Occupancy or Certificate of Compliance shall be required for any work which is the subject of a Building Permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure, or portion thereof, for which a Building Permit was previously issued shall be granted only by issuance of a Certificate of Occupancy or Certificate of Compliance. (b) Issuance of Certificates of Occupancy and Certificates of Compliance. The Code Enforcement Officer shall issue a Certificate of Occupancy or Certificate of Compliance if the work which was the subject of the Building Permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and Energy Code. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the building, structure, or work prior to the issuance of a Certificate of Occupancy or Certificate of Compliance. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for the Certificate of Occupancy or Certificate of Compliance, shall be provided to the Code Enforcement Officer prior to the issuance of the Certificate of Occupancy or Certificate of Compliance: (1) a written statement of structural observations and/or a final report of special inspections, (2) flood hazard certifications, (3) a written statement of the results of tests performed to show compliance with the Energy Code, and 31 (4) where applicable, the affixation of the appropriate seals, insignias, and manufacturer’s data plates as required for factory manufactured buildings and/or manufactured homes. (c) Contents of Certificates of Occupancy and Certificates of Compliance. A Certificate of Occupancy or Certificate of Compliance shall contain the following information: (1) the Building Permit number, if any; (2) the date of issuance of the Building Permit, if any; (3) the name (if any), address and tax map number of the property; (4) if the Certificate of Occupancy or Certificate of Compliance is not applicable to an entire structure, a description of that portion of the structure for which the Certificate of Occupancy or Certificate of Compliance is issued; (5) the use and occupancy classification of the structure; (6) the type of construction of the structure; (7) the occupant load of the assembly areas in the structure, if any; (8) any special conditions imposed in connection with the issuance of the Building Permit; and (9) the signature of the Code Enforcement Officer issuing the Certificate of Occupancy or Certificate of Compliance and the date of issuance. (d) Temporary Certificate of Occupancy. The Code Enforcement Officer shall be permitted to issue a Temporary Certificate of Occupancy allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a Building Permit. However, in no event shall the Code Enforcement Officer issue a Temporary Certificate of Occupancy unless the Code Enforcement Officer determines (1) that the building or structure, or the portion thereof covered by the Temporary Certificate of Occupancy, may be occupied safely, (2) that any required fire and life safety components, such as fire protection equipment and fire, smoke, carbon monoxide, and heat detectors and alarms are installed and operational, and (3) that all required means of egress from the structure have been provided. The Code Enforcement Officer may include in a Temporary Certificate of Occupancy such terms and conditions as he or she deems necessary or appropriate to ensure the health and safety of the persons occupying and using the building or structure and/or performing further construction work in the building or structure. A Temporary Certificate of Occupancy shall be effective for a period of time, not to exceed 6 months, which shall be determined by the Code Enforcement Officer and specified 32 in the Temporary Certificate of Occupancy. During the specified period of effectiveness of the Temporary Certificate of Occupancy, the Permit Holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code. (e) Revocation or suspension of certificates. If the Code Enforcement Officer determines that a Certificate of Occupancy, Certification of Compliance, or a Temporary Certificate of Occupancy was issued in error or on the basis of incorrect information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate. (f) Fee. The fee specified in or determined in accordance with the provisions set forth in Section 18 (Fees) of this local law must be paid at the time of submission of an application for a Certificate of Occupancy, Certificate of Compliance, or for Temporary Certificate of Occupancy. SECTION 8. NOTIFICATION REGARDING FIRE OR EXPLOSION. The chief of any fire department providing firefighting services for a property within this Village shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel burning appliance, chimney, or gas vent. SECTION 9. UNSAFE BUILDINGS, STRUCTURES, AND EQUIPMENT AND CONDITIONS OF IMMINENT DANGER [General Codes will insert here the text of existing Village Code Section 108-9]. SECTION 10. OPERATING PERMITS. (a) Operation Permits required. Operating Permits shall be required for conducting any process or activity or for operating any type of building, structure, or facility listed below: (1) manufacturing, storing, or handling hazardous materials in quantities exceeding those listed in the applicable Maximum Allowable Quantity tables found in Chapter 50 of the FCNYS; (2) buildings, structures, facilities, processes, and/or activities that are within the scope and/or permit requirements of the chapter or section title of the FCNYS as follows: (i) Chapter 22, “Combustible Dust-Producing Operations.” Facilities where the operation produces combustible dust; 33 (ii) Chapter 24, “Flammable Finishes.” Operations utilizing flammable or combustible liquids, or the application of combustible powders regulated by Chapter 24 of the FCNYS; (iii) Chapter 25, “Fruit and Crop Ripening.” Operating a fruit - or crop-ripening facility or conducting a fruit- ripening process using ethylene gas; (iv) Chapter 26, “Fumigation and Insecticidal Fogging.” Conducting fumigation or insecticidal fogging operations in buildings, structures, and spaces, except for fumigation or insecticidal fogging performed by the occupant of a detached one-family dwelling; (v) Chapter 31, “Tents, Temporary Special Event Structures, and Other Membrane Structures.” Operating an air - supported temporary membrane structure, a temporary special event structure, or a tent where approval is required pursuant to Chapter 31 of the FCNYS; (vi) Chapter 32, “High-Piled Combustible Storage.” High-piled combustible storage facilities with more than 500 square feet (including aisles) of high-piled storage; (vii) Chapter 34, “Tire Rebuilding and Tire Storage.” Operating a facility that stores in excess of 2,500 cubic feet of scrap tires or tire byproducts or operating a tire rebuilding plant; (viii) Chapter 35, “Welding and Other Hot Work.” Performing public exhibitions and demonstrations where hot work is conducted, use of hot work, welding, or cutting equipment, inside or on a structure, except an operating permit is not required where work is conducted under the authorization of a building permit or where performed by the occupant of a detached one- or two-family dwelling; (ix) Chapter 40, “Sugarhouse Alternative Activity Provisions.” Conducting an alternative activity at a sugarhouse; (x) Chapter 56, “Explosives and Fireworks.” Possessing, manufacturing, storing, handling, selling, or using, explosives, fireworks, or other pyrotechnic special effects materials except the outdoor use of sparkling devices as defined by Penal Law Section 270; (xi) Section 307, “Open Burning, Recreational Fires and Portable Outdoor Fireplaces.” Conducting open burning, not including recreational fires and portable outdoor fireplaces; (xii) Section 308, “Open Flames.” Removing paint with a torch, or using open flames, fire, and burning in connection with assembly areas or educational occupancies; and (3) energy storage systems, where the system exceeds the values shown in Table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings in Section R327.5 of the RCNYS. 34 (4) buildings containing one or more assembly areas; (5) outdoor events where the planned attendance exceeds 1,000 persons; (6) facilities that store, handle or use Hazardous Production Materials; (7) parking garages as defined in subdivision (a) of Section 13 of this local law; (8) buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Board of Trustee of this Village; and (9) other processes or activities or for operating any type of building, structure, or facility as determined by resolution adopted by the Board of Trustees of this Village. Any person who proposes to undertake any activity or to operate any type of building listed in this subdivision (a) shall be required to obtain an Operating Permit prior to commencing such activity or operation. (b) Applications for Operating Permits. An application for an Operating Permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant. (c) Exemptions. Operating permits shall not be required for processes or activities, or the buildings, structures, or facilities listed in paragraphs (1) through (7) of subdivision (a) of this Section, provided that the use is expressly authorized by a certificate of occupancy or certificate of compliance, fire safety and property maintenance inspections are performed in accordance with Section 11 (Fire Safety and Property Maintenance Inspections) of this local law, and condition assessments are performed in compliance with Section 13 (Condition Assessments of Parking Garages) of this local law, as applicable.] (d) Inspections. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an Operating Permit. Such inspections shall be performed either in-person or remotely. Remote inspections in lieu of in-person inspections may be performed when, at the discretion of the Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Code Enforcement Officer or Inspector authorized by the Code Enforcement Officer that the premises conform with the applicable requirements of the Uniform Code and the code enforcement program. Should a remote inspection not afford the Village sufficient information to make a 35 determination, an in-person inspection shall be performed. After inspection, the premises shall be noted as satisfactory and the operating permit shall be issued, or the operating permit holder shall be notified as to the manner in which the premises fail to comply with either or both of the Uniform Code and the code enforcement program, including a citation to the specific provision or provisions that have not been met. (e) Multiple Activities. In any circumstance in which more than one activity listed in subdivision (a) of this section is to be conducted at a location, the Code Enforcement Officer may require a separate Operating Permit for each such activity, or the Code Enforcement Officer may, in their discretion, issue a single Operating Permit to apply to all such activities. (f) Duration of Operating Permits. Operating permits shall be issued for a specified period of time consistent with local conditions, but in no event to exceed as follows: (1) 180 days for tents, special event structures, and other membrane structures; (2) 60 days for alternative activities at a Sugarhouse; (3) 3 years for the activities, structures, and operations determined per paragraph (9) of subdivision (a) of thisSsection, and (4) 1 year for all other activities, structures, and operations identified in subdivision (a) of this Section. The effective period of each Operating Permit shall be specified in the Operating Permit. An Operating Permit may be reissued or renewed upon application to the Code Enforcement Officer, payment of the applicable fee, and approval of such application by the Code Enforcement Officer. (d) Revocation or suspension of Operating Permits. If the Code Enforcement Officer determines that any activity or building for which an Operating Permit was issued does not comply with any applicable provision of the Uniform Code, such Operating Permit shall be revoked or suspended. (g) Fee. The fee specified in or determined in accordance with the provisions set forth in Section 18 (Fees) of this local law must be paid at the time submission of an application for an Operating Permit, for an amended Operating Permit, or for reissue or renewal of an Operating Permit. SECTION 11. FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS (a) Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at the 36 following intervals: (1) at least once every 12 months for buildings which contain an assembly area; (2) at least once every 12 months for public and private schools and colleges, including any buildings of such schools or colleges containing classrooms, dormitories, fraternities, sororities, laboratories, physical education, dining, or recreational facilities; and (3) at least once every 24 months for multiple dwellings (even numbered years) and all nonresidential occupancies (odd numbered years). (b) Remote inspections. At the discretion of the Code Enforcement Officer or Inspector authorized to perform fire safety and property maintenance inspections, a remote inspection may be performed in lieu of in-person inspections when, in the opinion of the Code Enforcement Officer or such authorized Inspector, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Code Enforcement Officer or such authorized Inspector that the premises conform with the applicable provisions of 19 NYCRR Part 1225 and the publications incorporated therein by reference and the applicable provisions of 19 NYCRR Part 1226 and the publications incorporated therein by reference. Should a remote inspection not afford the Code Enforcement Officer or such authorized Inspector sufficient information to make a determination, an in-person inspection shall be performed. (c) Inspections permitted. In addition to the inspections required by subdivision (a) of this Section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an Inspector authorized to perform fire safety and property maintenance inspections at any time upon: (1) the request of the owner of the property to be inspected or an authorized agent of such owner; (2) receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or (3) receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained. 37 (d) OFPC Inspections. Nothing in this Section or in any other provision of this local law shall supersede, limit, or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control (“OFPC”) and the New York State Fire Administrator or other authorized entity under Executive Law section 156- e and Education Law section 807-b. Notwithstanding any other provision of this section to the contrary, the Code Enforcement Officer may accept an inspection performed by the Office of Fire Prevention and Control or other authorized entity pursuant to sections 807-a and 807-b of the Education Law and/or section 156-e of the Executive Law, in lieu of a fire safety and property maintenance inspection performed by the Code Enforcement Officer or by an Inspector, provided that: (1) the Code Enforcement Officer is satisfied that the individual performing such inspection satisfies the requirements set forth in 19 NYCRR section 1203.2(e); (2) the Code Enforcement Officer is satisfied that such inspection covers all elements required to be covered by a fire safety and property maintenance inspection; (3) such inspections are performed no less frequently than once a year; (4) a true and complete copy of the report of each such inspection is provided to the Code Enforcement Officer; and (5) upon receipt of each such report, the Code Enforcement Officer takes the appropriate action prescribed by Section 17 (Violations) of this local law.] (e) Fee. The fee specified in or determined in accordance with the provisions set forth in Section 18 (Fees) of this local law must be paid prior to or at the time each inspection performed pursuant to this Section. This subdivision shall not apply to inspections performed by OFPC. SECTION 12. COMPLAINTS The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this local law, or any other local law/ordinance or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem to be appropriate: (a) performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection; 38 (b) if a violation is found to exist, providing the owner of the affected property and any other Person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in Section 17 (Violations) of this local law; (c) if appropriate, issuing a Stop Work Order; (d) if a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint. SECTION 13. CONDITION ASSESSMENTS OF PARKING GARAGES. (a) Definitions. For the purposes of this section: (1) the term “condition assessment” means an on-site inspection and evaluation of a parking garage for evidence of deterioration of any structural element or building component of such parking garage, evidence of the existence of any unsafe condition in such parking garage, and evidence indicating that such parking garage is an unsafe structure; (2) the term “deterioration” means the weakening, disintegration, corrosion, rust, or decay of any structural element or building component, or any other loss of effectiveness of a structural element or building component; (3) the term “parking garage” means any building or structure, or part thereof, in which all or any part of any structural level or levels is used for parking or storage of motor vehicles, excluding: (i) buildings in which the only level used for parking or storage of motor vehicles is on grade; (ii) an attached or accessory structure providing parking exclusively for a detached one- or two-family dwelling; and (iii) a townhouse unit with attached parking exclusively for such unit; (4) the term “professional engineer” means an individual who is licensed or otherwise authorized under Article 145 of the Education Law to practice the profession of engineering in the State of New York and who has at least three years of experience performing structural evaluations; (5) the term “responsible professional engineer” means the professional engineer who performs a condition assessment, or under whose supervision a condition assessment is performed, and who seals and signs the condition assessment report. The use of the term “responsible professional engineer” shall not be construed as limiting the professional responsibility or liability of any professional engineer, or of any other licensed professional, who participates in the preparation of a condition assessment without being the responsible professional engineer for such condition assessment. 39 (6) the term “unsafe condition” includes the conditions identified as “unsafe” in Section 304.1.1, Section 305.1.1, and Section 306.1.1 of the PMCNYS; and (7) the term “unsafe structure” means a structure that is so damaged, decayed, dilapidated, or structurally unsafe, or is of such faulty construction or unstable foundation, that partial or complete collapse is possible. (b) Condition Assessments – general requirements. The owner operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in subdivision (c) of this Section, periodic condition assessments as described in subdivision (d) of this Section, and such additional condition assessments as may be required under subdivision (e) of this Section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to the Village, in accordance with the requirements of subdivision (f) of this Section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage. (c) Initial Condition Assessment. Each parking garage shall undergo an initial condition assessment as follows: (1) Parking garages constructed on or after August 29, 2018, shall undergo an initial condition assessment following construction and prior to a certificate of occupancy or certificate of compliance being issued for the structure. (2) Parking garages constructed prior to August 29, 2018, shall undergo an initial condition assessment as follows: (i) if originally constructed prior to January 1, 1984, then prior to October 1, 2019; (ii) if originally constructed between January 1, 1984 and December 31, 2002, then prior to October 1, 2020; and (iii) if originally constructed between January 1, 2003 and August 28, 2018, then prior to October 1, 2021. (d) Periodic Condition Assessments. Following the initial condition assessment of a parking garage, such parking garage shall undergo periodic condition assessments at intervals not to exceed 3 years. (e) Additional Condition Assessments. (1) If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required 40 under subdivision (c) of this Section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report. (2) If the Village becomes aware of any new or increased deterioration which, in the judgment of the Village, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under subdivision (c) of this Section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Village to be appropriate. (f) Condition Assessment Reports. The responsible professional engineer shall prepare, or directly supervise the preparation of, a written report of each condition assessment, and shall submit such condition assessment report to the Village within thirty (30) days of the inspection. Such condition assessment report shall be sealed and signed by the responsible professional engineer, and shall include: (1) an evaluation and description of the extent of deterioration and conditions that cause deterioration that could result in an unsafe condition or unsafe structure; (2) an evaluation and description of the extent of deterioration and conditions that cause deterioration that, in the opinion of the responsible professional engineer, should be remedied immediately to prevent an unsafe condition or unsafe structure; (3) an evaluation and description of the unsafe conditions; (4) an evaluation and description of the problems associated with the deterioration, conditions that cause deterioration, and unsafe conditions; (5) an evaluation and description of the corrective options available, including the recommended timeframe for remedying the deterioration, conditions that cause deterioration, and unsafe conditions; (6) an evaluation and description of the risks associated with not addressing the deterioration, conditions that cause deterioration, and unsafe conditions; (7) the responsible professional engineer’s recommendation regarding preventative maintenance; (8) except in the case of the report of the initial condition assessment, the responsible professional engineer’s attestation that he or she reviewed all previously prepared condition assessment reports available for such parking garage, and considered the information in the previously prepared reports while performing the current condition assessment and while preparing the current report; and 41 (9) the responsible professional engineer’s recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed. In making the recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed, the responsible professional engineer shall consider the parking garage’s age, maintenance history, structural condition, construction materials, frequency and intensity of use, location, exposure to the elements, and any other factors deemed relevant by the responsible professional engineer in their professional judgment. (g) Review Condition Assessment Reports. The Village shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the Village shall, by Order to Remedy or such other means of enforcement as the Village may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to paragraphs (2) and (3) of subdivision (f). All repairs and remedies shall comply with the applicable provisions of the Uniform Code. This Section shall not limit or impair the right of the Village to take any other enforcement action, including but not limited to suspension or revocation of a parking garage’s operating permit, as may be necessary or appropriate in response to the information in a condition assessment report. (h) The Village shall retain all condition assessment reports for the life of the parking garage. Upon request by a professional engineer who has been engaged to perform a condition assessment of a parking garage, and who provides the Village with a written statement attesting to the fact that he or she has been so engaged, the Village shall make the previously prepared condition assessment reports for such parking garage (or copies of such reports) available to such professional engineer. The Village shall be permitted to require the owner or operator of the subject parking garage to pay all costs and expenses associated with making such previously prepared condition assessment reports (or copies thereof) available to the professional engineer. (i) This Section shall not limit or impair the right or the obligation of the Village: (1) to perform such construction inspections as are required by Section 5 (Construction Inspections) of this local law; (2) to perform such periodic fire safety and property maintenance inspections as are required by Section 11 (Fire Safety and Property Maintenance Inspections) of this local law; and/or (3) to take such enforcement action or actions as may be necessary or appropriate to respond to any condition that comes to the attention of the Village by means of its own inspections or observations, by means of a complaint, or by any other means other than a condition assessment or a report of a condition assessment. SECTION 14. CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA. (a) The Code Enforcement Officer shall determine the climatic and geographic design criteria for buildings and 42 structures constructed within this Village as required by the Uniform Code. Such determinations shall be made in the manner specified in the Uniform Code using, where applicable, the maps, charts, and other information provided in the Uniform Code. The criteria to be so determined shall include but shall not necessarily be limited to, the following: (1) design criteria to include ground snow load; wind design loads; seismic category; potential damage from weathering, frost, and termite; winter design temperature; whether ice barrier underlayment is required; the air freezing index; and the mean annual temperature; (2) heating and cooling equipment design criteria for structures within the scope of the RCNYS. The design criteria shall include the data identified in the Design Criteria Table found in Chapter 3 of the RCNYS; and (3) flood hazard areas, flood hazard maps, and supporting data. The flood hazard map shall include, at a minimum, special flood hazard areas as identified by the Federal Emergency Management Agency in the Flood Insurance Study for the community, as amended or revised with: (i) the accompanying Flood Insurance Rate Map (FIRM); (ii) Flood Boundary and Floodway Map (FBFM); and (iii) related supporting data along with any revisions thereto. (b) The Code Enforcement Officer shall prepare a written record of the climatic and geographic design criteria determined pursuant to subdivision (a) of this Section, shall maintain such record within the office of the Code Enforcement Officer, and shall make such record readily available to the public. SECTION 15. RECORD KEEPING. (a) The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all Code Enforcement Personnel, including records of: (1) all applications received, reviewed and approved or denied; (2) all plans, specifications and construction documents approved; (3) all Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates, Stop Work Orders, and Operating Permits issued; (4) all inspections and tests performed; 43 (5) all statements and reports issued; (6) all complaints received; (7) all investigations conducted; (8) all condition assessment reports received; (9) all fees charged and collected; and (10) all other features and activities specified in or contemplated by Sections 4 through 14, inclusive, of this local law. (b) All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by State law and regulation. SECTION 16. PROGRAM REVIEW AND REPORTING (a) The Code Enforcement Officer shall annually submit to Board of Trustees of the Village a written report and summary of all business conducted by the Code Enforcement Officer and the Inspectors, including a report and summary of all transactions and activities described in Section 14 (Record Keeping) of this local law and a report and summary of all appeals or litigation pending or concluded. (b) The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of this Village, on a form prescribed by the Secretary of State, a report of the activities of this Village relative to administration and enforcement of the Uniform Code. (c) The Code Enforcement Officer shall, upon request of the New York State Department of State, provide to the New York State Department of State, true and complete copies of the records and related materials this Village is required to maintain; true and complete copies of such portion of such records and related materials as may be requested by the Department of State; and/or such excerpts, summaries, tabulations, statistics, and other information and accounts of its activities in connection with administration and enforcement of the Uniform Code and/or Energy Code as may be requested by the Department of State. SECTION 17: VIOLATIONS (a) Orders to Remedy. The Code Enforcement Officer is authorized to order in writing the remedying of any condition 44 or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this local law. An Order to Remedy shall be in writing; shall be dated and signed by the Code Enforcement Officer; shall specify the condition or activity that violates the Uniform Code, the Energy Code, or this local law; shall specify the provision or provisions of the Uniform Code, the Energy Code, or this local law which is/are violated by the specified condition or activity; and shall include a statement substantially similar to the following: “The person or entity served with this Order to Remedy must completely remedy each violation described in this Order to Remedy by [specify date], which is thirty (30) days after the date of this Order to Remedy.” The Order to Remedy may include provisions ordering the person or entity served with such Order to Remedy (1) to begin to remedy the violations described in the Order to Remedy immediately, or within some other specified period of time which may be less than thirty (30) days; to continue diligently to remedy such violations until each such violation is fully remedied; and, in any event, to complete the remedying of all such violations within thirty (30) days of the date of such Order to Remedy; and/or (2) to take such other protective actions (such as vacating the building or barricading the area where the violations exist) which are authorized by this local law or by any other applicable statute, regulation, rule, local law or ordinance, and which the Code Enforcement Officer may deem appropriate, during the period while such violations are being remedied. The Code Enforcement Officer shall cause the Order to Remedy, or a copy thereof, to be served on the owner of the affected property personally or by registered mail or certified mail within five (5) days after the date of the Order to Remedy. The Code Enforcement Officer shall be permitted, but not required, to cause the Order to Remedy, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work being performed at the affected property personally or by registered mail or certified mail within five (5) days after the date of the Order to Remedy; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Compliance Order. (b) Appearance Tickets. The Code Enforcement Officer and each Inspector are authorized to issue appearance tickets for any violation of the Uniform Code. (c) Penalties. In addition to such other penalties as may be prescribed by State law, (1) any Person who violates any provision of this local law or any term, condition, or provision of any Building Permit, Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this local law, shall be punishable by a fine of not more than two hundred ($200.00) dollars per day of violation; and (2) any Person who violates any provision of the Uniform Code, the Energy Code or this local law, or any term or condition of any Building Permit, Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this local law, shall be liable to pay a civil penalty of not more than two hundred ($200.00) dollars for each day or part thereof during which such violation continues. The civil penalties provided by this paragraph 45 shall be recoverable in an action instituted in the name of this Village. (d) Injunctive Relief. An action or proceeding may be instituted in the name of this Village, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this local law, or any term or condition of any Building Permit, Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit, Order to Remedy, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this local law. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this local law, or any Stop Work Order, Order to Remedy or other order obtained under the Uniform Code, the Energy Code or this local law, an action or proceeding may be commenced in the name of this Village, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this subdivision shall be commenced without the appropriate authorization from the Board of Trustees of this Village. (e) Remedies Not Exclusive. No remedy or penalty specified in this Section shall be the exclusive remedy or remedy available to address any violation described in this Section, and each remedy or penalty specified in this Section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this Section, in Section 6 (Stop Work Orders) of this local law, in any other Section of this local law, or in any other applicable law. Any remedy or penalty specified in this Section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this Section, in Section 6 (Stop Work Orders) of this local law, in any other Section of this local law, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this Section shall be in addition to, and not in substitution for or limitation of, the penalties specified in subdivision (2) of Section 382 of the Executive Law, and any remedy or penalty specified in this Section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in subdivision (2) of Section 382 of the Executive Law. SECTION 18: FEES A fee schedule shall be established by resolution of the Board of Trustees of this Village. Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, the issuance of Building Permits, amended Building Permits, renewed Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates, Operating Permits, fire safety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this local law. SECTION 19. INTERMUNICIPAL AGREEMENTS The Board of Trustees of this may, by resolution, authorize the Mayor of this Village to enter into an agreement, in the name of this Village, with other governments to carry out the terms of this local law, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law. 46 SECTION 20. PARTIAL INVALIDITY If any Section of this local law shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this local law. SECTION 21. EFFECTIVE DATE This local law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. REVISIONS TO MODEL LOCAL LAW: January 18, 2022: The foregoing Model Local Law contains numerous revisions to the prior version of the model local law. The revisions are intended to reflect the new version of 19 NYCRR Part 1203, which was adopted on December 14, 2021 and which will become effective on December 30, 2022. The Department of State recommends that each local government responsible for administration and enforcement of the Uniform Code and/or Energy Code review the local law(s) or ordinance(s) that establish its existing code enforcement program and make such changes to such local law(s) or ordinance(s) as may be required to bring its code enforcement program into compliance with the new version of Part 1203. One way to do so would be to repeal the local law(s) or ordinance(s) that establish the local government’s existing code enforcement program and to adopt a new local law based on foregoing Model Local Law. Any local government that adopted the prior version of the model local law, or a modified version of the prior model local law, and that wishes to keep such local law in effect through December 30, 2022, should be aware of the following revisions that were made to the prior model local law: August 15, 2018: Revised subdivision (a) of Section 10, added a new Section 13 entitled Condition Assessments of Parking Garages, renumbered Sections 13 through 19 accordingly, and revised new Section 14, to reflect the provisions of amended 19 NYCRR Section 1203.3, relating to Condition Assessments of Parking Garages. Revised any references to the previously numbered Sections 13 through 19 to reflect the appropriate new renumbered Section. Revised subdivisions (b) and (d) of Section 3 by changing the phrase “State Fire Administrator” to “Department of State.” December 28, 2015: Revised subdivision (a) of Section 15 to reflect the provisions of new 19 NYCRR section 1203.5, relating to Orders to Remedy. April 22, 2011: Revised first sentence in subdivision (c) of Section 15 by changing the word “proscribed” to “prescribed.” February 23, 2006: Revised two references in the last sentence in Section 15(e) from subdivision (2) of section 381 of the Executive Law to subdivision (2) of section 382 of the Executive Law. February 23, 2006: Revised definition of "inspector" (Section 2) from pursuant to subdivision (d) of section 4 of this local law to pursuant to subdivision (d) of section 3 of this local law. EXHIBIT 2023-093 RECOGNITION OF THE PAST AND CONTINUED OUTSTANDING PUBLIC SERVICE OF RALPH NEWHART WHEREAS, Ralph Newhart has served the Village of Cayuga Heights since September 1987; and WHEREAS, Ralph has brought respect, honor, and integrity to his role within the Village Department of Public Works; and WHEREAS, Ralph was promoted to Senior Machine Operator from 2004 to 2007; and WHEREAS, Ralph was part of an important team that managed Village services; WHEREAS, Ralph has consistently applied his skills to meet the standards the Village of Cayuga Heights, NOW, THEREFORE, BE IT RESOLVED, that the Cayuga Heights Board of Trustees does hereby commend Ralph Newhart for his dedication, commitment, and outstanding past and continued public service to the Village of Cayuga Heights. Mayor Linda Woodard Trustee James Marshall Trustee Kent Hubbell Trustee Kristina Rennekamp Trustee Jennifer Biloski Trustee Richard Robinson Trustee Peter Salton EXHIBIT 2023-094 Hello Jeff, Alex Duke,16 years old, of Cayuga Heights is requesting appointment to the Joint Youth Commission as a youth representative from the Village of Cayuga Heights. Alex has attended the last three meetings of the JYC in August, September, and October. Thank you for assisting in making this happen for Alex. Kind regards, Rick Alvord (he/him/his) Coordinator of Community Youth Services Tompkins County 607.274.5310 Website EXHIBIT 2023-095 DRAFT VILLAGE OF CAYUGA HEIGHTS PROPOSED LOCAL LAW F OF THE YEAR 2022 A LOCAL LAW TO AMEND THE VILLAGE OF CAYUGA HEIGHTS CODE CHAPTER 305, "ZONING," ARTICLE III, “TERMINOLOGY,” SUBSECTION 305-5, "DEFINITIONS," DEFINITION OF "AFFINITY HOUSE" 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 existing definition in the Village of Cayuga Heights Zoning Law of the term "Affinity House" is not clear and as written could be subject to misinterpretation. Therefore, the Village Board has determined that the definition of "Affinity House" should be modified for added clarity. The purpose of this Local Law is to revise the text of Village Code Chapter 305, Article III, Subsection 305-5 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 III, "RESIDENCE ZONE," SUBSECTION 305-05, "DEFINITIONS," DEFINITION OF "AFFINITY HOUSE" In Subsection 305-05 of Article III, "Definitions," of the Zoning Law, the definition of "Affinity House" is hereby deleted in its entirety and replaced with the following: AFFINITY HOUSE — A residential facility where unrelated individuals live together as a family (as defined in this Subsection 305-05) in an intentional community guided by shared values, needs, interests, or activities, and share a one-family residence (as defined in this Subsection 305-05) with a common kitchen, sanitary facilities, and other common living facilities. 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. EXHIBIT 2023-096 Authorizing the implementation , and funding in the first instance 100% of the federal-aid and State “Marchiselli” Program-aid eligible costs, of transportation federal-aid project, and appropriating funds therefore. WHEREAS, a project for the TAP 2022 Cayuga Heights Road Sidewalk Connections, P.I.N. 395086 “the Project” is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the cost such program to be borne at the ratio of 80% federal funds and 20% non-federal funds; and WHEREAS, the Village of Cayuga Heights desires to advance the project by making a commitment of 100% of the non-federal share of the costs of engineering, ROW and construction. NOW, THEREFORE, the Village of Cayuga Heights Board of Trustees, duly convened and does herby RESOLVED, that the Village of Cayuga Heights Board of Trustees herby approves the above -subject project; and hereby further RESOLVED, that the Village of Cayuga Heights Board of Trustees approves and authorizes Mayor Woodard to pay in the first instance 100% of the federal and non-federal share of the cost of engineering, ROW and construction work for this project or portion thereof; and it is further RESOLVED, that the sum of $2,739,979.00 is hereby appropriated from project number 395086 and is made available to cover the cost of participation in the above phase of the project; and is further RESOLVED, that the Mayor Woodard of the Village of Cayuga Heights is hereby authorized to execute all necessary agreements, certification or reimbursements request for federal aid and or Marchiselli Aid on behalf of the Village of Cayuga Heights with the New York State Department of Transportation in connection with the advancement or approval of the project and providing for the administration of the project and the municipalities first instance funding of the project costs and permanent funding of the local share of federal-aid and state-aid eligible project costs within appropriation therefore that are not so eligible, and further RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner Transportation by attaching it to any necessary agreement in connection with this project. This resolution shall take effect immediately. EXHIBIT 2023-097 Village of Cayuga Heights Police Department ___________________________________________________ Jerry L. Wright Chief of Police 11/11/22 To: The Honorable Mayor Woodard Members of the Board of Trustees Village of Cayuga Heights Re: Report of the Police Department for October 2022 In the month of October, the police department received 349 calls for service. In addition to these calls, 50 uniform traffic tickets were issued, and 5 parking violations were cited. A breakdown of the calls for service is as follows: There were no Felony complaints handled. 4 Misdemeanor Penal Law Offenses were observed. Three for Larceny and one for Fraud. One of the three complaints of Petit Larceny involved a theft of a package, which was recovered, and no charges were sought. The second came in as the theft of driveway decorations in which there are no suspects or leads. The third was reported as a stolen political sign taken from a resident’s front yard. There are also no suspects or leads in this case. The single reported incident of Fraud involved the employee of a local business having an unemployment claim taken out in their name. The report was filed for claims purposes only. Investigation of a Traffic Stop led to a Vehicle and Traffic Misdemeanor charge of Suspended Registration. There was one Penal Law Violation reported for Harassment. The Harassment complaint involved a resident stating they were receiving intimidating and harassing emails regarding a shared family property. This incident was turned over to another agency due to the jurisdiction of origin. Four Local Law complaints were received including two for Dog Control and two for Noise. One Dog Control complaint was made when a passerby thought that two dogs were loose, however after an officer responded to the location, the dogs were found to be within the parameters of an invisible fence. The second complaint for a loose dog resulted in the responding officer making contact with the owner and the dog was secured. Advisement of the Village Ordinance was given. One complaint of loud music was received. Upon officer’s response to the reported location, no music was observed. The second noise complaint was for a loud party. Upon officer’s arrival at the reported location, a violation of the Village’s noise ordinance was observed. The officer made contact with an individual responsible for the house and advised them to end the party and have guests leave. The subjects left the area without further incident. 2 Motor Vehicle accidents were reported, none involving deer. There were no other incidents involving deer reported. A total of 7 calls for service were completed under the Tompkins County Mutual Aid Agreement involving CHPD officers assisting other agencies and 1 call involving agencies assisting CHPD. Over the course of the month, Officers took part in the following trainings and/or events: On the 5th and 6th Sergeant Manning and Officer Manheim completed Defensive Edge Armorer Training. On the 24th Part time officers participated in Night Range while Full time officers’ Range was held on the 25th . The full-time officers worked a total of 49 hours of overtime and the part-time officers worked a total of 238 hours. Sincerely, Chief Jerry Wright EXHIBIT 2023-098 Village of Cayuga Heights Mike Wiese – B.O.T Report November 16, 2022 Code Enforcement – No trainings were attended. Street - The culvert right sizing project has had a layover asphalt applied and is waiting to have guide rail installed in required locations. Refuse – Annual leaf pickup has begun and will continue until December 15th. Water – All water services that currently have an unknown material have been located and can now be evaluated to determine if they can hydro excavated or if they will require alternative methods to determine the material. Snow – A plow and tailgate spreader has been installed on a pick-up truck which will allow the DPW to plow the cemetery with a vehicle that has less weight. The DPW is using a newly designed plow edge which was designed one year ago. The current cutting edge that is being used is a piece of rubber which does not give the DPW the ability to scrape the snow from the roadway. The new cutting edge is a carbide steel material which consists of one foot spring loaded sections. The sections being spring loaded allows the edge to conform to the roadway and also allows the changing of the cutting edge to be safer. . EXHIBIT 2023-099 Corners Community Address Resolutions: Action XL HPM 200 Pleasant Grove Rd. Suite 2A Adaigo 200 Pleasant Grove Rd. Adams Corners 200 Pleasant Grove Rd. All Ears 200 Pleasant Grove Rd. Suite 1 Allechant Store 903 Hanshaw Rd. Suite 13 Andrea Gerding 903 Hanshaw Rd. Suite 2 Abigal Stark 903 Hanshaw Rd. Clarity Connect 200 Pleasant Grove Rd. Suite 3 Cayuga Hand Therapy 903 Hanshaw Rd. Suite 5 Corners Barber Shop 903 Hanshaw Rd. Suite 1 Corners Gallery 200 409 E Upland 1C Suite 903 1A Corners Laundry 903 Hanshaw Rd. Chaucey Jane 903 Hanshaw Rd. Suite 202 Emerge LLC 903 Hanshaw Rd. Suite 7 Flower Fashion 903 Hanshaw Rd. Suite 26 Gentry-Adagio Restorative 200 Pleasant Grove Rd. Suite 6 Graham, Tammy-Sun Travel 903 Hanshaw Rd. Gimme 903 Hanshaw Rd Suite 17 Greg Parfianowicz 200 Pleasant Grove Rd. Suite 4 Hage Tailor Shop 903 Hanshaw Rd. Hart & Welsh Dental 903 Hanshaw Rd. Suite 125 Heights Café 903 Hanshaw Rd. Suite 19 Island Health & Fitness 903 Hanshaw Rd. Kretz Beth 903 Hanshaw Rd. Suite 201 Lees Peter 200 Pleasant Grove Rd. Suite 7 Mane Event 200 Pleasant Grove Rd. Suite 4 Osteopathy Matters 200 Pleasant Grove Rd. O’Connor Studio 903 Hanshaw Rd. Sweeney Natalie 903 Hanshaw Rd. Talbots 903 Hanshaw Rd. Wagner 903 Hanshaw Rd. EXHIBIT 2023-100 Clerks Report WHEREAS, Diligent efforts to collect unpaid taxes by the Village of Cayuga Heights of the Town of Ithaca in the County of Tompkins have been made; and WHEREAS, The Collector of Taxes has certified a list consisting of the taxes remaining unpaid upon the Village Tax Roll; and WHEREAS, Pursuant to the Real Property Tax Law of the State of New York Section 1442, an alternative method for collection of delinquent village taxes exists. NOW, THEREFORE, BE IT RESOLVED THAT: The Board of Trustees requests the collection of delinquent Village of Cayuga Heights real property tax in the amount of $25,223.62 on (12) properties with $2,017.89 in penalties, totaling $27,241.51 to be submitted to Tompkins County. EXHIBIT 2023-101 Dear Jeff, Following up on our phone conversation earlier today, I'm writing to formally request relief of the sewer charge for our recent Village of Cayuga Heights water bill. My husband and I had a fish pond renovation finalized in the spring of this year. Unbeknownst to us, there was an issue with a water leak, and because we have an automatic water fill system to maintain the pond water level, it took some time before we realized there was a problem. The contractor finally addressed the issue after multiple attempts. This resulted in water usage that went from a normal of 15-16 gallons to 56 gallons (an almost four-fold increase). Looking at our bill, we realize that we are being charged a sewer charge when this excess water did not go into the sewer system – the pond leak affected the soil around our pond. We would like to request relief from the sewer charge for the last couple of water bills (since usage went up above our "normal" level). We appreciate any relief you can provide. Thanks. Nishi and Ken Rassnick 121 East Remington Road Account No: Y2637 EXHIBIT 2023-102 Hi Jeff, Thank you for your time, help and valued advice. Per our conversation, this email serves as our request to be placed on the November Board meeting agenda, with the other individual who is also seeking relief from the cost for sewage treatment for significant amounts of water which did not in fact ever go through the Village sewer lines nor through the treatment plant. Bolton Point staff and Village staff were involved in our installation of an irrigation system by John Carson more than ten years ago. Initially, there were many leaks and problems with the system, which triggered their involvement and cost us huge amounts of money, even before the many increases in water/sewer fees and decreases in base amounts. We were eventually able to find a Syracuse company to take over the many necessary repairs and considerable system changes to reduce to the rare occasion an unexpected problem and, we won a small claims case against Carson. We accepted that the cost of keeping our trees and plants alive was ours to bear and we have done so for many years. Until this year, we always got calls from Bolton Point when our usage was a concern. We received no such calls this past year, despite the fact that we discovered and repaired three leaks in three different zones of the system. Our long-established history shows two quarters of use with our system turned off and two quarters of use with it running. We plan and save for those now extraordinarily expensive summer and early fall bills, which have become more burdensome now as we are both retired. Unfortunately, given the effects of climate change on our thirty plus years of planting and maintaining our yard, water is even more necessary and more expensive. Bolton Point and the Village are aware that using a flat tax on sewage costs based solely upon water usage through our meters results in charges that do not accurately reflect our use of the sewage treatment plant and are therefore, unjust and unwarranted. Bolton Point has all of these records and monitors usage and takes on the responsibility of notifying those residents, like us, who participate in their wireless monitoring system, when water usage significantly exceeds normal usage for a particular household. I do not know if the Village plant monitors treatment volumes, but assume that they do, given the shared expenses model used among the participating municipalities. For us, this discrepancy is very significant and discriminatory, as it amounts to a punishment without cause as well as a charge without legitimacy. Given that it is a situation that affects a small percentage of the residents and that the Village has provided relief when residents come forward to seek it, we are seeking that relief and are asking that the Board formally notify residents of the availability of this relief, and seriously consider a simple plan (method of calculation) for applying this relief when it is required in a routine, administrative manner rather than taking up the time of the board and staff on a case-by-case matter, especially as Covid protocols are still in place, this is a community of an older, long-term population, and fundamental fairness is at stake. We are seeking the reduction of sewage treatment fees for the last two quarters of 2022 and for the same two quarters for the last five years because the excessive water use reflects water that we use (and pay for) for watering outside beds (not grass) and which therefore never goes to the treatment plant. Obviously, we would have come forward to request this had we had any way to know that it was available. We are grateful that the Board's past actions have been responsive and if we can be helpful in seeking participation from residents and/or Bolton Point, who could easily provide the small number of usage numbers to aid the Village in billing correctly, I will gladly help to the best of my ability. Unfortunately, at this time, I am unable to attend in person due to medical circumstances, but will provide whatever is needed to make this request in absentia. Thank you in advance for your understanding and help with this matter. Mindy Mindlin 112 Midway Road 607-257-8075