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HomeMy WebLinkAbout01.18.2023_Minutes EXHIBIT 2023-129 VILLAGE OF CAYUGA HEIGHT January 18, 2022 Zoom ID # 411842540 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; Planning Board Chair Cowett, Planning Board Member Quaroni 1. Call to Order: Mayor Woodard calls the meeting to order at 7:01 p.m. 2. Approval of Meeting Minutes: December 21, 2022 (Exhibit 2023-114) Resolution: 9328 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the December 21, 2022, Board Meeting Minutes as presented. Motion: Trustee Robinson Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: Marshall Motion Carried 3. Report of Fire Superintendent Tamborelle: Submitted Report (Exhibit 2023-115) •Fire Superintendent Tamborelle states that the E-One vendor said that they are taking orders now for trucks to be delivered in 2025. We are currently working through a specification order and will be planning for this eventuality. We would like to place the order for the truck in 2023 knowing that we will not take delivery until 2025. •Fire Superintendent Tamborelle further states that fire trucks get more and more expensive and expects that the truck could cost around $700,000. The current truck will then be sold to a fire truck vendor. •Mayor Woodard states that the Town of Ithaca will be responsible for 30% to 40% of that cost. a. CHFD RFP Roof Project: Fire Superintendent Tamborelle has put together a Request for Proposal that will start the process of getting bids on replacing the Cayuga Heights Fire Department roof. •Trustee Salton states that we should include an option for pricing ice and water shield over 100 % of the surface area. He has seen this method used in many non-residential buildings. •Fire Superintendent Tamborelle states that the RFP is specked out to the NYS Building Code which is 6’ of ice and water shield. •B. Cross states that we shouldn’t add that in as part of the base bid, but we could ask for a price for that as an additional option. Request for Proposal Cayuga Heights Fire Department Roof Replacement and Gutter Relining Posted date: January 19, 2023 Due date: March 1, 2023 Estimated Award Date: March 15, 2023 The Village of Cayuga Heights is seeking a roofing contractor to replace the roof and reline gutters at the Cayuga Heights Fire Department, 194 Pleasant Grove Road, Ithaca NY 14850. Successful bidders will at a minimum perform the following work (collectively, the "Work"), as applicable in accordance with the manufacturer's recommendations: 1. Remove existing roofing material down to original decking on entire roof. All material must be removed from property and properly disposed of in accordance with applicable environmental law and regulation. 2. Install synthetic underlayment to meet NYS building code. 3. Install 6’ ice and water shield 4. Install appropriate 30-year shingles as approved by the Village 5. Install rubber roofing on all areas where there is existing rubber roofing 6. Install ODE edges on all eaves and rakes 7. Install ridge ventilation 8. Replace all pipe flanges and wall flashing 9. Reline all existing gutters with rubber roofing material 10. All other required work considered standard procedure to complete the successful installation of roof and gutters that is not mentioned above should be factored in and noted in the proposal (i.e. any need for wood replacement, etc). General Conditions: The following are the general conditions for the work to be performed. 1. Scope of Work It is understood that except as otherwise specifically stated in the contract, the Contractor ("Contractor") shall provide and pay for all materials, labor, tools, equipment, and transportation of every nature and all other services and facilities of every nature whatsoever, necessary to execute, complete and deliver the Work within the specified time. Permits and licenses necessary for the execution of the Work shall be secured by the Contractor, but no fees will be charged by the Village to the Contractor. All supplies and material shall be new. Any work necessary to be performed after regular working hours, such as work performed on Sundays or legal holidays, shall be performed without additional expense to the Village. Contractor expressly acknowledges and agrees that the site is a working fire station, and that Contractor must ensure that access to the fire station be maintained, and the apparatus bays are not obstructed at any time without prior notice to the Fire Chief. Contractor will include in the bid a quote for covering the entire roof with ice/water shield prior to placing shingles as an optional addition. 2. Existing Conditions/Site Visit The Contractor, by executing this document, and in undertaking the Work under this contract, verifies that the Contractor has visited the site and has taken into consideration all conditions which might affect the Work. No consideration will be given to any claims based on lack of knowledge of existing conditions. The Village of Cayuga Heights can provide a copy of an Eagle View Report obtained on 10/25/2022 on request of the Contractor. Un-accompanied site visits can be made at any time, but s the Contractor may access the roof only if accompanied by a representative of the Village of Cayuga Heights or the Fire Department. For questions about job requirements or to arrange a site visit with a staff member, email George Tamborelle at chief@chfd.net 3. Insurance Prior to the commencement of the Work, the Contractor shall furnish to the Village a Certificate of Insurance showing compliance with the following limitations. The Contractor agrees to comply with the provisions of Worker’s Compensation laws of the State of New York. The Contractor shall maintain such other insurance (with limits as shown below) as shall protect the Contractor and the Village from any claims for property damage or personal injury, including death, which may arise out of operations under this contract, and the Contractor shall furnish the Village with certificates and policies of such insurance as shown below. The Contractor shall maintain all required Insurance coverages until the Work has been completed by the Contractor. Listed below are the requirements for the Contractor's insurance coverages, all of which must be procured by the Contractor at the Contractor’s expense. a. Proof of current worker's compensation coverage b. The Contractor ’s public liability insurance, personal injury, including death- $250,000.00 for each person and $500,000.00 for each accident. c. Property damage- limits of $500,000.00 for each accident and $1,000,000.00 for the aggregate. d. Certificate of Insurance with the Village of Cayuga Heights (836 Hanshaw Road, Ithaca NY 14850) listed as additional insured must be delivered to the Village prior to commencement of the Work. e. Insurance must be written by a company licensed to do business in the State of New York. 4. Taxes The Village is a tax-exempt organization. A copy of the Village’s tax-exempt form will be furnished. 5. Award of Contract Award of contract will be made to the most responsive/responsible bidder meeting the requirements of the Village within 30 days of the bid opening date. This solicitation does not commit the Village to award a contract, to pay any costs incurred in the preparation of the proposal, or to procure or contract for goods or services listed herein. The Village may accept any proposal offered on an all, partial, or none basis, or within funds available, whichever is in the best interest of the Village. 6. Contract Form Upon contract award, the Village and the Contractor will have a signed contract prior to any of the Work being started. 7. Change in Contract The Village will not be responsible for any change in the Work involving extra cost unless approval in writing is furnished and approved by the Village before such Work is begun. 8. Indemnification The Contractor agrees to hold the Village harmless from and to indemnify the Village for every expense, liability, cost, damage, claim or payment arising out of or through injury (including death) to any person or persons or damage to property of any place at which any of the Work is performed or arising out of or suffered through any act or omission of the Contractor or of any subcontractor and either of their employees or agents. 9. Installation The Village anticipates issuing a notice to proceed any time after June 1, 2023. The successful bidder shall complete installation within 60 calendar days from the date the Work commences. If the anticipated job starts and completion dates cannot meet the Village's expectations, an expected start and finish date must be listed on the proposal and will be taken into consideration when selecting the Contractor. If not indicated, it is assumed that the Contractor can meet the expected timeline above. 10. Weather The building shall never be opened to the elements at any time. All openings must be covered in a manner to withstand any weather condition and must be secured to avoid anyone entering the building through any roof openings. 11. Clean Up Site All outside and inside areas of the building and the grounds shall remain clean and free of any construction debris and tools. An allotted area will be identified by the Village for material storage. 12. Payments A single payment will be made to the vendor when all aspects of the contract have been completed to the Village’s satisfaction. The Village will consider a partial payment if the work performed takes longer than 30 days should the contractor request. 13. Proposal Form and Format Proposals should be submitted in the format specified within this document, contain all information required by the RFP, and submitted in a sealed envelope addressed to: Village of Cayuga Heights Village Clerk 836 Hanshaw Road Ithaca, NY 14850 Sealed proposals will be received until 11:00am on March 1, 2023. All proposals shall be clearly marked with “Roof Replacement Cayuga Heights Fire Department RFP.” Immediately following the closing of the RFP, the Village Clerk/Treasurer will publicly open bids at the Village Office located at 836 Hanshaw Road, Ithaca NY 14850. Proposals can additionally be emailed in PDF form to jwalker@cayuga-heights.ny.us. 14. Deviations Any deviations from the scope of work indicated herein must be submitted in writing, clearly noted, and explained in detail on a separate form, and attached to the submitted proposal; otherwise, it will be considered that items/services offered are in strict compliance with these specifications and the successful bidder shall be held responsible thereto. Any deviations within a submitted proposal between prices quoted and restated in the summation sheet shall be resolved by the Village as being the lower price unless the bidder requested in writing a correction or withdrawal of the proposal prior to the date and time set for opening. Any proposal withdrawal or modification received after the established due date at the place designated for receipt of proposal is late. No late proposal, late modification, or late withdrawal will be considered and shall be returned to the bidder unopened. The Village reserves the right to reject any or all proposals. It further reserves the right to waive technicalities and formalities in the proposals, as well as to accept in whole or in part such proposal(s) if the Village deems it advisable in protection of the best interest of the Village. The Village will be the sole judge as to whether proposals submitted meet all requirements contained in the RFP. 15. Affidavits Before acceptance of the proposal by the Village, the Contractor will be required to furnish affidavits on the enclosed forms. 16. Withdrawal of Proposal A proposal cannot be withdrawn after it is filed, unless (a) the Contractor makes a request in writing to the Village prior to the time set for opening of proposals, or (b) the Village fails to accept a bid within thirty (30) days after bid opening date. 17. Warranty The Contractor shall provide a 30-year non-pro-rated warranty covering materials, labor, tear-off and disposal, and a minimum 10-year workmanship warranty. 18. Prevailing Wage The Village shall pay for all labor at the New York State Department of Labor prevailing wage rate. The Village will provide an electronic copy of the prevailing wage rate on request. (Include Proposal Submittal Form [page 6] as a cover sheet to your proposal) Due Date: March 1, 2023 Submitted in sealed envelope to Village of Cayuga Heights 836 Hanshaw Road Ithaca, NY 14850 Proposal should include description of all work to be performed along with a grand total of all costs and expenses to be paid by the Village for the completion of the Work. Be sure to include a description of the following (attach a document): • Job Setup • Roof Preparation • Work to be performed. Indicate an understanding of the work to be performed by addressing all items listed on page 1 and the manufacturer's recommendations as well as any additional required work specific to the building. • List product descriptions (brand of shingles, rubber roofing, etc.) • Cleanup • Warranty • Start & Completion Dates • Prices for any additional work (Plywood/OSB needed, etc.) *Include this submittal form as a cover sheet to your proposal.* Contractor Name (Company): ______________________________________________________ Address: ___________________________________________ Phone: ____________________ Email: ________________________________________________________________________ Submitted by (Name): ____________________________________ (Title) _________________ Having carefully examined the proposal requirements including the General Conditions, and the Request for Proposal for the Village of Cayuga Heights Fire Department Roof and Gutter Relining, any addenda, and conditions affecting the work, the undersigned proposes to provide the required materials, services, warranties, and delivery as specified in the attached proposal for the total sum not to exceed: GRAND TOTAL $_____________________________ Addition cost for ice/water shield over entire roof$__________________ Respectfully Submitted (Signature of Representative) __________________________________ Date ____________ Resolution: 9329 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves the Request For Proposal for a new roof at the Cayuga Heights Fire Department as written and Village Clerk Walker will publicly notice this request immediately. Motion: Trustee Biloski Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 4. Privilege of the Floor: No Members of the Public Wished to Speak. Report of Treasurer Dolch: Submitted Report (Exhibit 2023-117) •Village Treasurer Dolch states that the December bank to book reconciliation is complete. •Village Treasurer Dolch states that The 2023-2024 Budget Worksheets for General, Water, and Sewer Funds have been sent to the department heads and the budget workshop will be held on Saturday, March 25, 2023, from 9-12 pm. •Village Treasurer Dolch states that the Village received the 2023 Town and County Tax Bill, and our Sewer Administrative Taxes Fund was underbudgeted by $652.64 therefore we will need to move money from Contingency to make that account whole. •Mayor Woodard states that she can see on the tax bill that the Village is being charged water and sewer for the Village Wastewater Treatment Plan. •B. Cross states that he has a long history of confronting the Town of Ithaca about this topic. The Village is billed for the water and sewer service infrastructure that is available to connect to the WWTP. The fees are based on the area of land available to hook up to the Town of Ithaca’s water and sewer main lines. •B. Cross states that the Village has had verbal communications with a former Town of Ithaca Supervisor who stated if the Village wrote a letter stating we would never connect to those services, then the charges would go away. We are still waiting to see that happen. •B. Cross further states that he cannot explain why the number of units we are being charged has changed from 1 unit to 4.82 units. He has sent an email to the Town of Ithaca's Engineer asking for an explanation. Resolution: 9330 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves moving $652.64 from Contingency to expense account G8110.420 (Sewer Admin- Taxes) thus making it whole and zero for the remainder of this fiscal year. Motion: Trustee Rennekamp Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Approval of Abstract # 8 Resolution: 9331 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Abstract #7 for FYE2023 consisting of TA vouchers 59-66 in the amount of $14,870.11 and Consolidated Fund vouchers 548-616 in the amount of $356,638.71 and the Treasurer is instructed to make payments thereon. Motion: Trustee Biloski 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 B of 2023- Affinity House. •Mayor Woodard opens the Public Hearing at 7:26 p.m. •Village resident P.Sarkus addresses the Board and gave a brief history of himself. •P. Sarkus states that he is the owner of 509 Wykoff Rd. which has been a sorority for the last twenty years. The house is now empty and no longer has a buyer for the property. •P. Sarkus states that right now the only option for this building is a fraternity or a Cornell University sorority or a very expensive conversion into apartments. He also states that he has vacant land that could be developed if necessary. •P. Sarkus states that he would like the Board to reconsider eliminating the option of an affinity house as a permitted use in the Village. He believes that there are groups out there that could act as an affinity group, and act responsibly with one another. He feels that as long as there is oversite of the tenants then there should not be a problem keeping affinity houses as a permitted use in the Village. •Trustee Salton asks P. Sarkus if he has ever had any affinity groups in his house. •P. Sarkus states that he has not. •Mayor Woodard closes the Public Hearing at 7:41 p.m. •Trustee Salton states that he will not support this proposed local law. He does feel that the legislative history is inappropriate in this proposed local law and feels it could leave the Village open to more interpretation. •Trustee Salton also states that he did speak with the Village counsel, and he suggested that since we are eliminating a use the language does make sense, but Trustee Salton feels strongly that we should shorten the Purpose and Intent section of the law. •Trustee Robinson states that he would like to keep an affinity house as a permitted use in the Village but there is no proof that we can control what happens within an affinity house and therefore he cannot support keeping that as an allowed use. •Trustee Robinson states that he also was surprised at the depth of that section of this proposed local law. •Village Attorney R. Marcus states that this language does not have to be there. His sense from the December Board Meeting was that the Board was a bit torn as to how to proceed. The language in the Purpose and Intent section was to provide more direction to the Board as to how we proceeded from a proposed local law that amended the definition of an affinity house to where we are now with eliminating the use. •Village Attorney R. Marcus states that B. Cross reached out to NYCOM and they felt that eliminating an existing permitted use was a bigger step and it would be proper to incorporate the legislative history that lead up to the current proposed local law. •Village Attorney R. Marcus states that the Board can modify and remove some of the background information since it is available elsewhere in the public record. •Trustee Hubbell inquires whether or not we could footnote that section. •Village Attorney R. Marcus states that the format of Village Local Laws is pretty strict and has a standard format. •Trustee Marshall would like to know what the advantage of taking the legislative history out. •Village Attorney R. Marcus states that it could be argued both ways. The more detail you provide about how you arrived at a decision the better. •Mayor Woodard states that she would like to move forward with Proposed Local Law B of 2023 – Affinity House. •Trustee Robinson states that he would like to offer an amendment to Proposed Local Law B of 2023 by reducing the center portion, which we are calling the legislative history. Resolution: 9332 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves amending the Purpose and Intent section of Proposed Local Law B of 2023 thus removing the most legislative history. Motion: Trustee Robinson Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, Nays: none Abstentions: Trustee Salton Motion Carried Resolution: 9333 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees adopts Proposed Local Law B of 2023 as Local Law #2 of 2023. A LOCAL LAW TO AMEND THE VILLAGE OF CAYUGA HEIGHTS CODE CHAPTER 305, "ZONING," TO ELIMINATE "AFFINITY HOUSE" AS A PERMITTED USE 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 (the "Board") has noted that the use of the property as an "Affinity House" is permitted use in the Village's Multiple Housing Zone, subject to the approval of a special use permit by the Village's Planning Board. The use of the property as an "Affinity House" is not a permitted use in any of the Village's other zoning districts. The Board had found that the existing definition in the Village's Code of the term "Affinity House" is not clear and could be subject to misinterpretation. The Board has considered and discussed possible modifications to this definition, and as a result, the Village Board has determined that the use of property in the Village as an "Affinity House" should be eliminated as a permitted use and that therefore references in the Village Code to "Affinity House" should be deleted. The purpose of this Local Law is to revise the text of Village Code Chapter 305, (a) at Article III, Subsection 305-5 to delete "Affinity House" from the definitions in said Code, and (b) at Article VI, Subsection 305-25(B)(4)(b) to delete "Affinity House" as a permitted principal use in the Multiple Housing Zone. SECTION II AUTHORITY This Local Law is enacted pursuant to the grant of powers to local governments provided in Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provision of the New York State Constitution and not inconsistent with any general law relating to its property, affairs, government or other subjects provided for in said Section 10 of the Municipal home Rule Law. SECTION III AMENDMENT OF VILLAGE CODE CHAPTER 305, "ZONING," ARTICLE III, "TERMINOLOGY," SUBSECTION 305-05, "DEFINITIONS," DEFINITION OF "AFFINITY HOUSE" In Chapter 305 of the Village Code, "Zoning," Article III, Subsection 305-05, "Definitions," the definition of "Affinity House" is hereby deleted. SECTION IV AMENDMENT OF VILLAGE CODE CHAPTER 305, "ZONING," ARTICLE VI, "MULTIPLE HOUSING ZONE," SUBSECTION 305- 25, "PERMITTED PRINCIPAL USES," SUBSECTION (B)(4)(b) In Chapter 305 of the Village Code, "Zoning," Article VI, "Multiple Housing Zone," Subsection 305-25, "Permitted Principal Uses," Subsection (B)(4)(b), "Affinity house" is hereby deleted. As a result, the former Subsection (B)(4)(c), "Adult home," shall hereinafter be referred to as Subsection (B)(4)(b). SECTION V 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 VI 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 I 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 Hubbell Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, Nays: Trustee Salton Abstentions: none Motion Carried a. Public Hearing for Proposed Local Law A- 2023 Street Trees and Shrubs. •Mayor Woodard opens the Public Hearing at 7:59 p.m. •Mayor Woodard closes the Public Hearing at 7:59 p.m. •Trustee Salton states that this is a good rule and clears up a lot of ambiguity. Resolution: 9334 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees adopts Proposed Local Law A of 2023 as Local Law #1 of 2023. A LOCAL LAW TO AMEND THE VILLAGE OF CAYUGA HEIGHTS CODE CHAPTER 248, "STREET TREES AND SHRUBS," SECTION 11, "REMOVAL AND PRUNING OF TREES AND SHRUBS ON PRIVATE PROPERTY" 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 requirements in the Village of Cayuga Code, Chapter 248, "Street Trees and Shrubs," Section 11, "Removal and pruning of trees and shrubs on private property," do not completely address the subject matter of such Section and warrant clarification. Therefore, the Village Board has determined that the terms of said Section should be modified. The purpose of this Local Law is to revise the text of Village Code Chapter 248, "Street Trees and Shrubs," Section 11, "Removal and pruning of trees and shrubs on private property" 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 VILLAGE CODE CHAPTER 248, "STREET TREES AND SHRUBS," SECTION 11, "REMOVAL AND PRUNING OF TREES AND SHRUBS ON PRIVATE PROPERTY" Village Code Chapter 248, "Street Trees and Shrubs," Section 11, "Removal and pruning of trees and shrubs on private property," is hereby deleted in its entirety and replaced with the following text: § 248-11. Pruning and removal of trees and shrubs on private property. A. It shall be the duty of any person or utility owning real property bordering on any property owned by the Village, including, but not limited to, any public street or park, at their own expense, to prune or remove any trees located upon their property which are dead, harbor insects or disease, or which are so damaged as to be a public nuisance or in danger of falling, thereby potentially causing damage to person or property on any such adjacent property owned by the Village, including, but not limited to, any public right-of-way or park. B. It shall be the duty of any person or utility owning real property bordering on any property owned by the Village, including, but not limited to, any public street, at their own expense, to ensure that trees and shrubs located upon their property are pruned in a manner that they do not obstruct or shade streetlights, obstruct the passage of pedestrians on sidewalks, obstruct the vision of traffic signs or obstruct the view of any street or sidewalk intersection. C. The Village Forester may deliver to the property owner written notification that a tree or shrub located upon their property should be pruned or removed for the reasons stated in Subsection A or B above. The property owner shall have fifteen (15) days after the date of service of the notice to confirm its receipt and to inform the Village Forester or Code Enforcement Officer as to when the tree or shrub shall be pruned or removed. After so informing the Village Forester or Code Enforcement Officer, the property owner shall prune or remove the tree or shrub within sixty (60) days unless the Village Forester or Code Enforcement Officer delivers to the property owner written notice that such work is required to occur sooner than such sixty (60) day period. If the property owner fails to comply with such provisions, the Village may prune or remove the tree or shrub and deliver to the property owner an invoice for the Village's cost of pruning or removal. D. Notwithstanding the terms of Subsection C above, in the case of any tree located on private property, (a) which tree was the subject of a notice delivered to the property owner in accordance with Subsection C above, that falls and obstructs any property owned by the Village, including, but not limited to, any public right-of-way or park, or (b) which tree poses an imminent threat to person or property on any property owned by the Village, including, but not limited to, any in the right-of-way or park, and, whether due to the tree’s size, its proximity to electrical utilities, or some other factor, must be removed on an emergency basis by a professional tree care management company, the Village may arrange for said removal and deliver to the property owner an invoice for the Village's cost of removal. E. If the property owner objects to payment of the invoice described in either Subsection C or D above, the property owner may appeal the requirement to pay such costs by written notice delivered to the Village Board of Trustees within thirty (30) days of the date of such invoice, and the Village Board will consider the such appeal at its next regularly scheduled Board meeting following receipt of such appeal. If the property owner does not deliver to the Village payment of the Village's cost of such pruning or removal within sixty (60) days of the Village's delivery of the invoice, and the Village Board has denied the property owner's appeal of such invoice, the cost stated on a such invoice shall be added to the next real estate tax bill for the subject property. SECTION IV SUPERSEDING EFFECT All Local Laws, Articles, resolutions, rules, regulations, and other enactments of the Village of Cayuga Heights in conflict with the provisions of this Local Law are hereby superseded to the extent necessary to give this Local Law full force and effect. Without limiting the foregoing, to any extent that the terms of the Zoning Law of the Village of Cayuga Heights are deemed to be in conflict with the requirements of this Local Law, the terms of this Local Law shall govern and control. SECTION V PARTIAL INVALIDITY. In the event that any portion of this Local Law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. SECTION VI EFFECTIVE DATE. This Local Law shall be effective 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 Rennekamp Second: Trustee Biloski Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: Trustee none Abstentions: none Motion Carried c. Armory Associates LLC Actuary Audit Proposal: As part of the internal Village audit and Village Annual Update Documents submitting a Post-Employment Benefit Plan should be included. Armory Associates LLC has presented a proposal in EXHIBIT 2023-123 for the Board to consider and if approved Mayor Woodard would sign this agreement. •Trustee Salton asks what data the Village will be getting from this report. •Mayor Woodard states that this information would provide accurate numbers of the expenses the Village would be responsible for if the Village would cease to exist. •Trustee Robinson raises the question of whether or not we legally have to have this done. If it is why haven't we been notified that we are in violation? •Mayor Woodard states that the Town of Ithaca and Bolton Point were amazed that we were not having this done every year. •Trustee Rennekamp states that GASB 75 requires that this be reported. Resolution: 9335 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Mayor Woodard signing the Armory Associates LLC Actuary Audit Proposal as presented in EXHIBIT 2023-120. Motion: Trustee Salton Second: Trustee Robinson 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 there is a draft agreement and at the February Board Meeting the Board will have a complete contract for the Board to review and approve. e. Schedule a Public Hearing on Proposed Local Law C of 2023- CHFD Property Tax Exemption: Last month Governor Hochul signed legislation that permits any local government to provide a real property tax exemption to volunteer firefighters and volunteer ambulance workers who have served a minimum of two years (see Chapter 670 of the Laws of 2022). The law took effect immediately and can be implemented now by governing bodies. •Mayor Woodard states that we received this information from NYCOM Via email on January 5, 2023. Currently, all firefighters get a $200 NYS tax exemption from their NYS taxes. •Fire Superintendent Tamborelle states that six CHFD firefighters would benefit from this exemption if the Board decided to enact this local law. •Fire Superintendent Tamborelle states that he has reached out to the Tompkins County Assessment Department for clarification if this law would also cover auxiliary support staff. •Mayor Woodard states that from her perspective it is something that we can do and therefore we should do. We are very well served by our volunteer fire department. •Fire Superintendent Tamborelle states that part of the background of this law is to make an effort for more recruitment and retention of volunteers in the state. In our department, we have six eligible firefighters that would benefit from this local law. Resolution: 9336 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees hereby schedules a Public Hearing on Proposed Local Law C – 2023 Property Tax Exemption for Volunteer Firefighters and Ambulance Workers for February 15, 2023, at 7:10 p.m. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried f. Walking Safe Cayuga Heights Contract: Fisher and Associates were not able to complete the final cost for this project and therefore this discussion was tabled until the February 15, 2023, Board of Trustees meeting. g. Sunset Park Amendment: This amendment is a continuation of the signed contract with Whitham who is designing a concept plan for Sunset Park. •Trustee Marshall states that the purpose of the amendment is for Whitham to proceed with setting up a series of community engagements to promote, inform and seek comments on Sunset Park and the vision the Village has for the park. •Trustee Marshall states that our Village grant writer Michelle Palmer recommends using this approach since the grant funding from the New York State highly supports public participation and input. •Trustee Marshall states that we are planning to submit an application for a grant by the end of July 2023 and hopefully receive a favorable decision by the end of December 2023. If awarded, we would expect to see a finalized contract by the end of October 2024. The final design plans would then go out to bid in early 2025 and we would have to budget for our 25% for the fiscal year 2025-2026. •Mayor Woodard states that she feels having a Sunset Park Taskforce is vital to the success of this project and feels the more public feedback we can get the better. •Trustee Marshall states that if the Board agrees to the amendment, then we will make a formal announcement in the next eNewsBlast and on the Village website. •Trustee Salton states that he appreciated the details Trustee Marshall provided. He also wanted to make sure that we still planned on making improvements to Sunset Park regardless of a grant. •Trustee Marshall states that the grant opportunity is a welcome addition to the proposed project plans as agreed upon. Resolution: 9337 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Mayor Woodard signing the Whitham Sunset Park Amendment 1 as Proposed and presented in EXHIBIT 2023-124. Motion: Trustee Robinson Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 7. Report of The Trustees: a. VCH Board Agenda Order: Trustee Salton would like to hear the Village Engineers report earlier in the order of the meeting. •Trustee Salton states that the topics that Superintendent of Public Works B. Cross reports on are very complex, and the most expensive to the Village. •Mayor Woodard proposes moving Superintendent of Public Works B. Cross's report to after the Mayor's report. Resolution: 9338 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves modifying the Village of Cayuga Heights Board of Trustees Meeting Agenda to place the report of the Village Superintendent of Public Works after the Report of the Mayor. Motion: Trustee Robinson Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried b. Annual Performance Reviews: The Village Human Resource Committee evaluated the and modified performance review forms to include updated procedures. •Trustee Biloski states that the goal of this project was to make this review more of a conversation between the department head and the Mayor. We will be sending out letters and a copy of the narrative forms for the staff to fill out before they meet with Mayor Woodard and the Chair of the appropriate committee of their department. •Trustee Robinson states that one of the goals for performance reviews should be to create a dialog between the staff and the Board to see if there are other ways the Board can support the department head in achieving their goals year to year. •Trustee Salton states that he is unclear on how he can review someone who doesn't report to him but besides that, he is on board. 8. Report of Police Chief Wright: Submitted Report (Exhibit 2023-126) •Police Chief Wright states that he has one action item that needs Board approval tonight. The 2017 Ford Police SUV that was declared surplus last month was sold at auction for $10,100. Resolution: 9339 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves the Tietsworth auction results in the amount of $10,100 for the 2017 Ford Police SUV Vin: 1FM5K8AR7HGD92694 and authorized the DMV title to be released. Motion: Trustee Salton Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none •Trustee Robinson asks what percentage of the sale stays with the auction house •Director of Public Works M. Wiese states the buyer pays a fee, not the seller. Motion Carried 9. Report of Director of DPW Wiese: Submitted Report (Exhibit 2023-127) •Director Wiese states that the DPW was called in for a T-Main valve for Bolton Point on Pleasant Grove Road when a Public Employee Safety Health (PESH) inspector showed up and evaluated the job site. He found three infractions and will issue a report in 5-6 weeks on his findings. The first issue was having a ladder in the excavation hole for the employee to climb out of the excavation. We had a ladder readily available and placed it in the hole. The second issue was to refresh ourselves on Competent person training which is required for excavation work. The last issue was not having a trench box in the hole which was abated immediately. •Director Wiese states that all infractions have been addressed and additional training will be held later this month. 10. Report of Village Engineer Cross: •B. Cross states that the latest setback in the Walking Safe Cayuga Heights Sidewalk Project is just another example of the frustrations we have experienced with this consulting group. •B. Cross states that the New York State Department of Transportation announced in late November a grant opportunity called Bridge New York. The Bridge New York has a section of funding for culvert replacements. If awarded this grant is a 100% reimbursement. •B. Cross states that B. Cross states that this is vital since we now know we need to replace the culver pipe for Renwick Brook. There was a short timeframe to apply so an application was submitted in the amount of $1,400,000. •Trustee Marshall inquires about a timeframe to hear the results of the grant submission. • B. Cross states that we should hear back by the end of January 2023. 11. Report of Clerk Walker: •Clerk Walker states that the only action item for the Board tonight is to designate the First Congregational Church as our polling location for March 21, 2023, Village Elections. •Mayor Woodard points out the fact that Kendal of Ithaca was once our second location but since the health pandemic has changed its policy. •Clerk Walker states that there has been an increase in moving Tompkins County Board Of Elections polling sites from residential locations. •Trustee Salton raises the question of having Village Hall as a polling location. •Clerk Walker seems to remember there is an ADA reason why it is not held at Marcham Hall but he will check with the Board of Elections for more specific information. •Village Attorney R. Marcus states that the Cayuga Heights Fire Department could be a site as well. •Fire Superintendent G. Tamborelle states that there used to be voting at the fire station, but parking was an issue and the inability to keep the building secure with the public entering. •Director Wiese remembered he wanted to mention to the Board that Tompkins County has announced food scrap drop-off is free to anyone in the county and there might be a pilot program in the Village where the county will pick up food scraps curbside. Resolution: 9340 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves designating the First Congregational Church located at 309 Highland Rd. as our polling location for March 21, 2023, Village Elections. Motion: Trustee Salton Second: Trustee Biloski Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 12. Report of Attorney Marcus: No Report at this time. 13. Executive Session: Resolution: 9341 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 Biloski Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried Resolution: 9342 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees exits Executive Session and returns to an open meeting. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried Resolution: 9343 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes Mayor Woodard to sign the 2023 White Buffalo Inc. contract. Motion: Trustee Marshall Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried Mayor Woodard would like a resolution to go back into executive session. Resolution: 9344 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 Rennekamp Second: Trustee Biloski Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried Resolution: 9345 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees exits Executive Session and returns to an open meeting. Motion: Trustee Robinson 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 9:49 p.m.