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HomeMy WebLinkAbout11.16.2022_Minutes1 Minutes VILLAGE OF CAYUGA HEIGHT November 16, 2022 Zoom Meeting ID # 4118425407 BOARD OF TRUSTEES 7:00 p.m. MONTHLY MEETING Present: Mayor Woodard; Trustees: Biloski, Hubbard, Marshall, Rennekamp, Robinson, and Salton; Village Engineer B. Cross; Director of Public Works Wiese; Police Chief Wright; Clerk Walker; Treasurer Dolch; Attorney Marcus 1. Call to Order: Mayor Woodard calls the meeting to order at 7:04 p.m. 2a. Approval of Meeting Minutes: October 19, 2022 (Exhibit 2023-088) Resolution # 9293 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the October 19, 2022, Board Meeting minutes as presented. Motion: Trustee Biloski Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Robinson, and Salton Nays: none Abstentions: Trustee Rennekamp Motion Carried 2b. Approval of Meeting Minutes: October 28, 2022 (Exhibit 2023-089) Resolution # 9294 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the October 28, 2022, Board Meeting minutes as presented. Motion: Trustee Marshall Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, and Marshall Nays: none Abstentions: Trustees Rennekamp, Robinson, and Salton Motion Carried 3. Report of Fire Superintendent Tamborelle: Submitted Report (Exhibit 2023-090) •Fire Superintendent Tamborelle states that the month ofOctober started another cycle of recruit training. •Fire Superintendent Tamborelle states that the recruiting process has yielded 16 new members. 2 •Fire Superintendent Tamborelle states that the new 2023 Chevy Tahoe has arrived will now be outfitted for service. 4. Privilege of the Floor: No Members of the Public Wished to Speak. 5. Report of Treasurer Dolch: Submitted Report (Exhibit 2023-091) •Village Treasurer Dolch states that the 2022 AUD was submitted, and she is confident that everything is correct. •Village Treasurer Dolch states that Tom Smith from EFPRGroup stopped in the office yesterday for few hours of preliminary audit work. •B. Cross states that there is a change work order for the Phase 2 WWTP general contractor Blue Heron. He further states that the Board of Trustees will need to approve this final increase amount, which is $37, 234.23 Resolution # 9295 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Mayor Woodard signing the Blue Heron WWTP Work Change Order in the amount of $37,234.23 Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried Approval of Abstract # 6 Resolution: 9296 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves Abstract #6 for FYE2022 -2023 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. Motion: Trustee Rennekamp Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 6. Report of Mayor Woodard: a. Public Hearing on Proposed Local Law E- NYS Building Code: 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. •Mayor Woodard opens the Public Hearing at 7:14 p.m. 3 •Mayor Woodard closes the Public Hearing at 7:14 p.m. Resolution: 9297 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees adopts Proposed Local Law E of 2022 as Local Law 5 of 2022 CONSTRUCTION CODES, UNIFORM § 108-1. Purpose and intent. This chapter 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 chapter is adopted pursuant to § 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 chapter, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this chapter. § 108-2. Definitions. In this chapter, the following terms shall have the meanings shown in this section: ASSEMBLY AREA – 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 – 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 chapter. CERTIFICATE OF COMPLIANCE – A document issued by the Village stating that work was done in compliance with approved construction documents and the Codes. CERTIFICATE OF OCCUPANCY – 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 – The Code Enforcement Officer appointed pursuant to § 108- 3B of this chapter. CODE ENFORCEMENT PERSONNEL – Includes the Code Enforcement Officer and all Inspectors. CODES – The Uniform Code and Energy Code. 4 ENERGY CODE – The New York State Energy Conservation Construction Code adopted pursuant to Article 11 of the Energy Law. FCNYS – The 2020 Fire Code of New York State as currently incorporated by reference in 19 NYCRR Part 1225. FIRESAFETY AND PROPERTY MAINTENANCE INSPECTION – 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 – 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 – An inspector appointed pursuant to § 108-3D of this chapter. MOBILE FOOD PREPARATION VEHICLES – 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 – A permit issued pursuant to § 108-10 of this chapter. The term “operating permit” shall also include an operating permit which is renewed, amended, or extended pursuant to any provision of this chapter. ORDER TO REMEDY – An order issued by the Code Enforcement Officer pursuant to § 108-17A of this chapter. PERMIT HOLDER – The person to whom a building permit has been issued. PERSON – Includes 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 – The 2020 Property Maintenance Code of New York State as currently incorporated by reference in 19 NYCRR Part 1226. RCNYS – The 2020 Residential Code of New York State as currently incorporated by reference in 19 NYCRR Part 1220. REPAIR – 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 – An order issued pursuant to § 108-6 of this chapter. 5 SUGARHOUSE – 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 – A certificate issued pursuant to § 108-7D of this chapter. UNIFORM CODE – 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 – The Village of Cayuga Heights § 108-3. 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 chapter. 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; firesafety and property maintenance inspections; inspections incidental to the investigation of complaints; and all other inspections required or permitted under any provision of this chapter; (4) To issue stop-work orders; (5) To review and investigate complaints; (6) To issue orders pursuant to § 108-17A, Violations, of this chapter; (7) To maintain records; 6 (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 chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code, or this chapter; and (11) To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this chapter. 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 chapter. 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 chapter. 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. 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. § 108-4. Building permits. A. Building permits required. Except as otherwise provided in Subsection B of this section, a 7 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 that 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, § 305-5 and, respectively, §§ 305-17L and 305-17G; (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 five feet nine inches 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 that the replacement does not alter the equipment’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: (a) Any part of the structural system; (b) the required means of egress; or (c) The fire protection system or the removal from service of any part of the fire protection system for any period of time. C. Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the 8 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 two sets of construction documents (drawings and/or specifications) which: (a) Describe the location, nature, extent, and scope of the proposed work; (b) Show that the proposed work will conform to the applicable provisions of the Codes; (c) Show the location, construction, size, and character of all portions of the means of egress; (d) Show a representation of the building thermal envelope; (e) 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; (f) Show the proposed structural, electrical, plumbing, mechanical, fire-protection, and other service systems of the building; (g) Include a written statement indicating compliance with the Energy Code; (h) 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 9 design flood elevations; and (i) 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. E. Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) 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. F. 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. G. 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. H. 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, 10 such change shall not be made until and unless a new or amended building permit reflecting such change is issued. I. Time limits. Building permits shall become invalid unless the authorized work is commenced within six 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. J. 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 the Uniform Code and the Energy Code. K. Fee. The fee specified in or determined in accordance with the provisions set forth in § 108-18, Fees, of this chapter 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. § 108-5. Construction inspections. 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 Subsection 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; 11 (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 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 § 108-18, Fees, of this chapter must be paid prior to or at the time of each inspection performed pursuant 12 to this section. §108-6. 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-orders shall be in writing, be dated and signed by the Code Enforcement Officer, state the reason or reasons for issuance, and 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, 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 13 available to address any event described in Subsection 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 § 108-17, Violations, of this chapter 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. § 108-7. 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) Hazard certifications; (3) A written statement of the results of tests performed to show compliance with the Energy Code; and (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. 14 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 that the building or structure, or the portion thereof covered by the temporary certificate of occupancy, may be occupied safely, 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 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 six months, which shall be determined by the Code Enforcement Officer and specified in the temporary certificate of occupancy. During the specified period of effectiveness of the temporary 15 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 § 108-18, Fees, of this chapter 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. § 108-8. 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. § 108-9. Unsafe buildings, structures, and equipment and conditions of imminent danger. Unsafe structures and equipment in this Village shall be identified and addressed in accordance with the following procedures. A. Purpose. The purpose of this chapter is to promote and preserve the health, safety and welfare of the public and residents and/or owners of property located within this Village of Cayuga Heights by providing a method for the removal or repair of buildings that, from any cause, may now be or shall hereafter become dangerous or unsafe to the public and residents and/or owners of property within the Village of Cayuga Heights. Unsafe buildings serve as an attractive nuisance for young children who may be injured therein, may be a point of congregation by vagrants and transients, may attract rodents or insects and may also attract illegal drug activity. Debris, rubble, or parts of buildings left on the ground or in disrepair and not removed constitute a dangerous, unhealthy and unsightly condition. The powers conferred upon the Village of Cayuga Heights by this chapter shall be in addition to all other powers conferred upon the Village of Cayuga Heights in relation to the same subject by state law. B. Unsafe buildings prohibited. No person, firm, corporation, or association owning, possessing, or controlling a building in the Village of Cayuga Heights shall permit, suffer or allow said building 16 now or hereafter to be or become unsafe to the public and/or residents from any cause whatsoever. C. Investigation and report. When, in the opinion of the Code Enforcement Officer or Village Engineer, any building or structure located in the Village of Cayuga Heights shall be deemed to be an unsafe building or structure as defined herein, the Code Enforcement Officer or Village Engineer shall make a formal inspection thereof and report, in writing, to the Board of Trustees his findings and recommendations with regard to the building or structure. D. Determination; notice to repair or demolish. The Village Board of Trustees shall consider the report of the Code Enforcement Officer and if, in their opinion the report so warrants, shall determine that the building is unsafe and order its repair, if the same can be safely repaired, or order its removal, if it cannot be safely repaired, and further order that a notice shall be given to the owner, or a representative of the owner, which is to contain the following: (1) A description of the premises and its location. (2) A statement of the particulars in which the building is unsafe. (3) An order requiring the building to be repaired to a safe and secure condition or to be removed. (4) A statement that the repairing or removal of the building shall commence within 30 days of the serving of the notice, as hereinafter provided, and shall be completed within 60 days thereafter, unless such time limits be extended by the Village Board of Trustees for good cause shown. (5) A date, time and place for a hearing before the Village Board of Trustees, at which the owner of such building or other person responsible therefor, or his or her attorney, may contest the determination that said building is unsafe or may present evidence as to why the determination and/or order should be modified in any respect. Such hearing shall be scheduled not less than five business days from the day of service of the notice, unless the recipient of the notice and the Village Board of Trustees agree otherwise; (6) A statement that, in the event of neglect or refusal to comply with the order to repair or remove the building, the Village Board of Trustees is authorized to provide for its repair or removal, to assess all expenses thereof against the land on which it is located and to institute a special proceeding to collect the costs of removal, including legal expenses. 17 E. Service of notice. Said notice shall be served in the following manner: (1) By personal service of a copy thereof upon the owner or some one of the owners, executors, legal representative, agents, lessees or any other person having a vested or contingent interest in the premises as shown by the last preceding completed assessment roll of the Village of Cayuga Heights, or of the records of the Tompkins County Clerk, such service to be complete and the thirty-day time period recited in said notice to commence upon service; or (2) By mailing a copy of said notice to such owner as aforesaid by registered mail return receipt requested, addressed to the last known address of the owner and by affixing a copy of said notice to the premises, such service to be complete and the thirty-day time period recited in said notice to commence 10 days after the filing of the return receipt with the Village Clerk. (3) A copy of the notice shall also be filed in the office of the Tompkins County Clerk, which notice shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules, and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a judge of a court of competent jurisdiction or upon the consent of the Village Attorney. F. Hearing. (1) The hearing shall be conducted before the Village Board of Trustees. The Code Enforcement Officer shall present his or her report to the Village Board of Trustees in writing, and orally if desired by the Board, and may call witnesses. The owner or his or her representative, if present, shall call such witnesses as he or she deems necessary. The Village Board of Trustees shall make written findings of fact from the testimony offered as to whether or not the building in question is an unsafe building. (2) If such owner shall neglect, fail, or refuse to comply and shall fail to appear at said hearing, then the Village Board of Trustees shall direct the repair or removal of the building forthwith under such terms and conditions, if any, as it may deem appropriate. (3) If such owner shall neglect, fail or refuse to comply and after appearing at said hearing the Village Board of Trustees finds that the building is a public nuisance and directs its 18 repair or removal, the owner shall repair or demolish said building within the time prescribed by the Village Board of Trustees. (4) If the owner fails or neglects within the time prescribed by the Village Board of Trustees to repair or demolish said building as directed by said Village Board following the hearing, then the Village Board of Trustees shall direct the repair or removal of same forthwith under such terms and conditions, if any, as it may deem appropriate. G. Noncompliance with order. In the event of neglect or refusal of the persons so notified to comply with said order of the Village Board of Trustees, the Village Board of Trustees shall provide for the removal and removal of such building either by the Village of Cayuga Heights employees or by contract. Except in an emergency, any such contract shall be awarded in compliance with state competitive bidding laws. H. Emergency cases. Where it reasonably appears that a building or structure presents a clear and imminent danger to the life, safety or health of any person or property, unless such building or structure is immediately repaired and secured or demolished by its owner or occupant, the Village Board of Trustees may by resolution authorize the Code Enforcement Officer or Village Engineer to immediately cause the repair or demolition of such unsafe building or structure. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 108-9I hereof. I. Assessment of costs. (1) All costs and expenses incurred by the Village of Cayuga Heights in connection with the administratively and/or judicially substantiated proceedings to remove or secure, including the cost of actually removing said building, shall be assessed against the land on which said building is located. (2) The Village of Cayuga Heights also may commence a special proceeding pursuant to § 78-b of the General Municipal Law for a civil judgment to collect the costs of removal, including reasonable and necessary legal expenses. § 108-10. Operating permits. A. Operation permits required. (1) Operating permits shall be required for conducting any process or activity or for operating any type of building, structure, or facility listed below: 19 (a) 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; (b) 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: [1] Chapter 22, “Combustible Dust-Producing Operations”: facilities where the operation produces combustible dust; [2] Chapter 24, “Flammable Finishes”: operations utilizing flammable or combustible liquids, or the application of combustible powders regulated by Chapter 24 of the FCNYS; [3] Chapter 25, “Fruit and Crop Ripening”: operating a fruit- or crop-ripening facility or conducting a fruit-ripening process using ethylene gas; [4] 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; [5] 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; [6] Chapter 32, “High-Piled Combustible Storage”: high-piled combustible storage facilities with more than 500 square feet (including aisles) of high-piled storage; [7] 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; [8] 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; 20 [9] Chapter 40, “Sugarhouse Alternative Activity Provisions”: conducting an alternative activity at a sugarhouse; [10] 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 § 270; [11] Section 307, “Open Burning, Recreational Fires and Portable Outdoor Fireplaces”: conducting open burning, not including recreational fires and portable outdoor fireplaces; and [12] Section 308, “Open Flames”: removing paint with a torch, or using open flames, fire, and burning in connection with assembly areas or educational occupancies. (c) 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. (d) Buildings containing one or more assembly areas; (e) Outdoor events where the planned attendance exceeds 1,000 persons; (f) Facilities that store, handle or use hazardous production materials; (g) Parking garages as defined in subdivision (a) of Section 13 of this chapter; (h) 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 (i) 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 . (2) Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection 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 21 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 Subsection A(1)(a) through (g) 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 § 108-11, Fire safety and property maintenance inspections, of this chapter, and condition assessments are performed in compliance with § 108-13, Condition assessments of parking garages of this chapter, 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 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 Subsection 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. (1) Operating permits shall be issued for a specified period of time consistent with local conditions, but in no event to exceed as follows: (a) One hundred eighty days for tents, special event structures, and other membrane 22 structures; (b) Sixty days for alternative activities at a sugarhouse; (c) Three years for the activities, structures, and operations determined per Subsection A(1)(i) of this section; and (d) One year for all other activities, structures, and operations identified in Subsection A of this section. (2) 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. G. 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. H. Fee. The fee specified in or determined in accordance with the provisions set forth in § 108-18, Fees, of this chapter 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. § 108-11. 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 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 23 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 Subsection 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. D. OFPC inspections. Nothing in this section or in any other provision of this chapter 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 § 156-e and Education Law § 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 §§ 807-a and 807-b of the Education Law and/or § 156-e of the Executive Law, in lieu of a firesafety 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 24 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 §108-17, Violations, of this chapter. E. Fee. The fee specified in or determined in accordance with the provisions set forth in §108-18, Fees, of this chapter 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. § 108-12. 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 chapter, 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; 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 § 108-17, Violations, of this chapter; 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. § 108-13. Condition assessments of parking garages. A. Definitions. For the purposes of this section, the following terms shall have the meanings indicated: CONDITION ASSESSMENT – 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, 25 evidence of the existence of any unsafe condition in such parking garage, and evidence indicating that such parking garage is an unsafe structure. DETERIORATION – 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. PARKING GARAGE – 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: (1) Buildings in which the only level used for parking or storage of motor vehicles is on grade; (2) An attached or accessory structure providing parking exclusively for a detached one- or two-family dwelling; and (3) A townhouse unit with attached parking exclusively for such unit. PROFESSIONAL ENGINEER – 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. RESPONSIBLE PROFESSIONAL ENGINEER – 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. UNSAFE CONDITION – Includes the conditions identified as “unsafe” in Sections 304.1.1, 305.1.1, and 306.1.1 of the PMCNYS. UNSAFE STRUCTURE – 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 Subsection C of this section, periodic condition assessments as described in Subsection D of this section, and 26 such additional condition assessments as may be required under Subsection 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 Subsection 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: (a) If originally constructed prior to January 1, 1984, then prior to October 1, 2019; (b) If originally constructed between January 1, 1984, and December 31, 2002, then prior to October 1, 2020; and (c) 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 three 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 under Subsection 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. 27 (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 Subsection 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 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 28 preparing the current report; and (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 Subsection F(2) and (3). 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 § 108-5, Construction inspections, of this chapter; (2) To perform such periodic fire safety and property maintenance inspections as are required by § 108-11, Fire safety and property maintenance inspections, of this chapter; and/or 29 (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. § 108-14. Climatic and geographic design criteria. A. The Code Enforcement Officer shall determine the climatic and geographic design criteria for buildings and 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: (a) The accompanying Flood Insurance Rate Map (FIRM); (b) Flood Boundary and Floodway Map (FBFM); and (c) 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 Subsection 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. § 108-15. Recordkeeping. A. The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all Code Enforcement Personnel, including records of: 30 (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; (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 §§ 108-4 through 108-14, inclusive, of this chapter. 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. § 108-16. 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 § 108- 14, Recordkeeping, of this chapter 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 31 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. § 108-17. Violations. A. Orders to remedy. (1) The Code Enforcement Officer is authorized to order in writing the remedying of any condition 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 chapter. 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 chapter; shall specify the provision or provisions of the Uniform Code, the Energy Code, or this chapter 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.” (2) The order to remedy may include provisions ordering the person or entity served with such order to remedy 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 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 30 days of the date of such order to remedy; and/or to take such other protective actions (such as vacating the building or barricading the area where the violations exist) which are authorized by this chapter 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 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 days after the date of the order to remedy; provided, however, 32 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 chapter 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 chapter, shall be punishable by a fine of not more than $200 per day of violation; and (2) Any person who violates any provision of the Uniform Code, the Energy Code or this chapter, 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 chapter, shall be liable to pay a civil penalty of not more than $200 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection 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 chapter, 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 chapter. 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 chapter, or any stop-work order, order to remedy or other order obtained under the Uniform Code, the Energy Code or this chapter, 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 § 108-6, Stop-work orders, of this 33 chapter, in any other section of this chapter, 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 § 108-6, Stop- work orders, of this chapter, in any other section of this chapter, 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 § 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 § 382 of the Executive Law. § 108-18. 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, firesafety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this chapter. § 108-19. Intermunicipal agreements. The Board of Trustees of this Village 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 chapter, 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. § 108-20. Severability. If any section of this chapter 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 chapter. Motion: Trustee Salton Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 34 b. Ralph Newhart Resolution: The Village Board of Trustees honors Ralph for thirty-four years of service with the Village of Cayuga Heights Department of Public Works. RECOGNITION OF THE PAST AND CONTINUED OUTSTANDING PUBLIC SERVICE OF RALPH NEWHART Resolution: 9298 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. Motion: Trustee Robinson Second: Trustee Biloski Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried •R. Newhart states that he had a lot of fun working for the Village. He wished he had one more chance to plow snow as he did in the blizzard of 1993. •B. Cross states that he appreciated the working relationship he had with Ralph and his role in keeping the reputation of having the cleanest plowed roads in the county. c. JYC Appointment: The Tompkins County Joint Youth Committee helps sponsor youth programs for young adults. The Village of Cayuga Heights has a nomination and Village resident named Alex Duke who is interested in becoming the Village representative. •Trustee Biloski states that Alex is a Junior at Ithaca High School and would be a great addition to the JYC. Mayor Woodard would like to appoint Alex Duke to the Tompkins County Joint Youth Commission. Resolution: 9299 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the appointment of Alex Duke to the Tompkins County Joint Youth Commission effective immediately. 35 Motion: Trustee Biloski Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried d. Plant to Plant Agreement: Mayor Woodard states that at the last meeting they proposed 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 once there has been a program that can calculate the flows the group should be able to move forward. e. Proposed Local Law F of 2022 – Affinity House: •B. Cross states that there is a vacant sorority house that is on the real estate market. •B. Cross states that there are two different buyers have inquired about developing that property into an affinity house. •B. Cross states that the definition of affinity house in our current zoning law needs clarification. •B. Cross further states that under the current Village Zoning Law we allow for affinity houses, but we specifically state that it can only be allowed in a single-family dwelling. •Planning Board Chair F. Cowett wanted to add terminology, to the definition of “affinity house”so that a group would need to live in that affinity house as a “family” as defined in the Village’s Zoning Law. •Trustee Salton states that since we allow for fraternity and sorority houses why couldn't we just add an affinity house to that section of the Village Zoning Law? •Mayor Woodard states that if there is a problem Cornell University has control over the fraternity and sororities. An affinity house does not have the same guidelines associated with the University. •Trustee Hubbell reached out to the Vice President of Student Life at Cornell University, Brian Lombardi on this subject. It is his opinion that if the Village is going to allow an affinity house, then it should be overseen by the University in some fashion. •Trustee Hubbell states that there are all kinds of underground "party houses" and clubs that find a “house” to live in that is close to campus and then occupy the “house” as a group. •Trustee Hubbell states that the greek community at Cornell has created problems that are anti-ethical to the values of the university. •Trustee Robinson states that as students move through their school years many fraternity annexes become party houses. •Trustee Salton states that he could see other types of people creating an affinity house, not just the student population. 36 •Mayor Woodard states that at some point the primary affinity will fade away and then what will the Village do? •Village Attorney R. Marcus states that the changes to the existing local law are intended to clarify the existing definition of an affinity house. The intent of this change is not to completely overhaul the criteria to establish an affinity house, but it was to give more criteria to the definition so that the Village Planning Board had a path to evaluate any application. Because the word “family” is defined in great detail in the Village Zoning Law, adding tit to the definition of affinity house will make satisfying the criteria for an affinity house more difficult. •Village Attorney R. Marcus states that there is also the possibility of eliminating an affinity house all together as an allowed use. •B. Cross states that an affinity house really doesn’t belong in a single-family dwelling as defined and the likelihood that we will see more requests for affinity houses is high. •B. Cross states that the Village Planning Board has an application for an affinity house on the agenda for the November 28, 2022 meeting. •Trustee Salton states that one thing the Board should keep in mind is empty real estate. We do not want these large properties sitting empty. •B. Cross states that if the new buyer cannot get approval for an affinity house, then he will still go through the process of converting the building into a multiple dwelling apartment building. •The Board has agreed to schedule a Public Hearing at the Board of Trustees Meeting on December 21, 2022, at 7:05 p.m. Resolution: 9300 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees hereby schedules a Public Hearing on December 21, 2022, at 7:05 p.m. to seek comments on Proposed Local Law -F of 2022 Affinity House. 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 37 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. Motion: Trustee Salton Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 38 f. TAP 2022 Cayuga Heights Sidewalk Resolution: The NYSDOT has submitted to the Village the State and Local Agreement Contract for the Cayuga Heights Sidewalk. The Village Board of Trustees must accept this award and authorize the Mayor to sign the NYSDOT TAP Contract. Resolution: 9301 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 hereby 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 reimbursement requests 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 of Transportation by attaching it to any necessary agreement in connection with this project. This resolution shall take effect immediately. Motion: Trustee Hubbell Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried •Mayor Woodard states that she now needs a resolution to sign the NYSDOT Contract for sidewalks on Cayuga Heights Road. The Village's financially responsible for $500,000 which will come from the fund balance or will be bonded. Resolution: 9302 39 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Mayor Woodard to sign the 2022 NYSDOT TAP Cayuga Heights Sidewalk Grant Contract as written. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried g. Gang of Six Update: Mayor Woodard reports that a small meeting took place last week, and. there was not much to report. •Trustee Robinson states that the Town of Ithaca will be focusing on I& I issues in the N. E. section of the Town of Ithaca. •Mayor Woodard states that there will need to be a new Chair for the Gang of Six next year. 7. Report of The Trustees: a. Sunset Park: •Trustee Marshall states that the Village Sunset Park Taskforce met with Michele Palmer and Whitham planning Design Landscape firm to discuss the proposed design plans. Sunset Park •Trustee Marshall states that two key things the task force will need to work on are: 1. Community input for a design plan and 2. A timeline for applying for additional grants to fund this project. •Trustee Marshall states that if the Village was awarded additional funding, we would see that money in the spring of 2024. •Trustee Marshall states that next month the Board will be presented with a quote for Whitham to complete the community outreach portion as well as a quote from Michelle Palmer for writing the grant. •Trustee Marshall states that this year the task force is interested in planting a low-growing shrub (sumac family) to help protect the top part of the slope at Sunset Park. •Trustee Robinson states that prior to this planting what is the plan for the existing trees that are potentially going to block the view? •Trustee Marshall states that we have been treating invasive species such as the Tree of Heaven at the park. •Mayor Woodard states that if we are not successful with grants then we will just have to budget money over a longer period of time. b. Emergency Response Oversight Committee (EROC) •Trustee Salton states that he has attended several county meetings that are discussing the evolution of law 40 enforcement. •Trustee Salton states that this is a process, and he will report on the progress to the Board each month. c. CLWIO •Trustee Hubbell states that the Cayuga Lake Watershed IO met at the Aurora Inn, and he is hopeful that the next meeting would be more productive. 8 . Report of Police Chief Wright: Submitted Report (Exhibit 2023-097) •Police Chief Wright states that at the EROC meeting today it was discovered that the County has approved a position that would deal with mental health calls. He also states that the City of Ithaca might be doing the same thing. •Police Chief Wright states that over the course of the month, officers took part in the following training 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 and annual Taser training while the Full-time officers' Range was held on October 25, 2022. •Police Chief Wright states that the new Dodge Pickup Truck has arrived, and the department has implemented new lettering and design for all the departments vehicles. •Mayor Woodard states that she has been fielding concerns about the dangerous intersections in the Village and wonders where the two motor vehicle accidents occurred that was reported in chief Wrights report. •Police Chief Wright states that he knows that one was on Rt. 13 and the other was not at any of the intersections that have been discussed recently. •Mayor Woodard requests that the location of any accidents in the Village be part of the monthly police report. •Police Chief Wright states that he will gladly incorporate that information into his report. 9. Report of Director of DPW Wiese: Submitted Report (Exhibit 2023-098) •Director Wiese states that the DPW crew has been working on identifying the location of the curve values that Bolton Point has provided. •Village Attorney R. Marcus asks Director Wiese if the locations are in the Village Right of Way or on private property. •Director Wiese states that he does not have that information yet. But with the Bolton Points mapping system, he will be able to identify the exact location. •Trustee Salton states that he hopes to hear about the incident at the Village WWTP that involved black top at the headworks building. •Director Wiese states that there is a company that the DPW is using a newly designed plow edge. 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 that consists of one-foot spring-loaded sections. The sections being spring loaded allows the edge to conform to the roadway and also allow the changing of the cutting edge to be safer. 41 10. Report of Village Engineer Cross: a. Modified Bergmann & Associates Traffic Study: •B. Cross states that the first action item he needs tonight is Board approval for the Modified 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 did not want to spend $9550 so a revised quote was produced for the Village section of the traffic study was produced and that new cost is $3950 which RaNic will cover that cost. Resolution: 9303 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Mayor Woodard to sign the revised Bergmann & Associates Traffic Impact Study to reflect that the study will only be for the Village of Cayuga Heights sections and not the Town of Ithaca. The new amount is not to exceed $3950 and the RaNic Golf Club will reimburse the Village that amount during the PDZ process. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried b. Corners Community 911 Address Changes: •B. Cross states that the Village Fire Inspector has brought to his attention that most of the Corners Community businesses do not have an adequate 911 address. Exhibit 2023-099 is a list of new addresses for the Board to approve and allow B. Cross to notify the Tompkins County Dispatch Center of this decision. •Trustee Marshall states that there are several addresses with the same address and no identifying designation. •Clerk Walker states that Village Fire Inspector C. Hamilton brought this to him as a final edition. It is clear that there is more needed and some addresses clearly do not make sense. •Trustee Salton states that this is a landlord issue, not the Villages. •B. Cross states that he can come back with a complete list that allows the Board to approve the necessary changes. c. WWTP Concern: •Mayor Woodard states that during the last rain event the WWTP Headworks were clogged up with chunks of 42 asphalt and rocks. This has never happened before and there must be a collapsed sewer line somewhere. . •B. Cross has reached out to the other municipalities to see if they know of anything that has broken recently. 43 •B. Cross states that the Village is very fortunate to have a company like Yaw's managing our plant. The Board expressed sincere thanks for all the Yaws staff does. 44 11. Report of Clerk Walker: •Clerk Walker states that as the Village Tax Collector the final date to allow residents to pay their property taxes was October 31, 2022. The next step is for the Board of Trustees to approve sending the unpaid taxes to the County. Resolution: 9304 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 the 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. Motion: Trustee Salton Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none •Trustee Robinson asks how this year compared to previous years of tax collection. •Clerk Walker states that this year was about seven thousand dollars more. There were two parcels that we were able to collect last year that we didn’t collect this year. He further states that on top of that water and sewer relevy were added this year which increased the total more than usual. Motion Carried a. Water Account Y2637 & J2342: Village residents on 121 E Remington Rd and 112 Midway Rd. have requested relief of their sewer charges for the billing cycle 11/1/2022. •Clerk Walker states that Nishi Rassnick called him concerned about a large water bill they received. After a short discussion, it was concluded that the Rassnick's have a fishpond that uses an automatic water replenishment system. It was later discovered that the pond was leaking and that was why the water replenishment system was running more than it should have. •Clerk Walker also states that Mindy Midland called to discuss a similar situation where water had not entered the sewer line since it was water used outside the home. •Trustee Robinson inquired about the penalty side on the Y2637 account. •Clerk Walker states that they have that penalty since they did not pay the August 2022 bill. 45 •Trustee Robinson states that when someone fills a swimming pool, they don’t get a break on the sewer charge. Just like the second request that used an irrigation system to water the lawn. •The Board is sympathetic to this accidental loss of water versus a situation where someone is using the water for a purpose regardless of that water entering the sanitary sewer line. •Clerk Walker states that the Board has looked at an average from previous quarters to determine a fair amount. Resolution: 9305 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves reducing the sewer portion of account Y2637 one hundred forty dollars ($140) for water that accidentally was lost during a leak outside the home. Motion: Trustee Marshall Second: Trustee Salton Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried •Trustee Robinson states that account J2342 has been doing this every year and that will not change. •The Board agreed to not take any action on the J2342 account. 12. Report of Attorney Marcus: No report at this time. 13. Executive Session: Resolution: 9306 WHEREAS: The NYS Open Meeting Law §105 prescribes matters for which a public body may conduct an executive session; and, WHEREAS: Upon a majority vote of its total membership, taken in an open meeting pursuant to a motion identifying the general area or areas of the subject or subjects to be considered; and, WHEREAS: The conduct an executive session for these enumerated purposes only, provided, however, that no action by formal vote shall be taken to appropriate public money: THEREFORE, BE IT RESOLVED THAT An Executive Session of the Village of Cayuga Heights Board of Trustees has been conducted for the purposes of subsection (F) the medical, financial, credit, or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation. Motion: Trustee Salton Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none 46 Abstentions: none Motion Carried Resolution: 9307 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees exits Executive Session and returns to an open meeting. Motion: Trustee Salton Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried •Mayor Woodard states that due to rising costs of living the Board has agreed to provide a cost-of-living adjustment to the Village Department of Public Works staff in the amount of five hundred dollars ($500) to be paid on the first pay date in December. Resolution: 9308 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves a cost- of-living adjustment to the Village Department of Public Works staff in the amount of five hundred dollars ($500) to be paid on December 1, 2022. Motion: Trustee Salton Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried Resolution: 9309 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Mayor Woodard signing the standard retainer agreement for services with the firm Gitto and Niefer LLP under General Municipal Law 207-c matters. Motion: Trustee Biloski Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 14. Adjournment: Mayor Woodard adjourns the meeting at 10:54 p.m.