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HomeMy WebLinkAbout02.15.2023_Agenda1 Zoom Link 4118425407 Village of Cayuga Hights Board of Trustees Monthly Meeting February 15, 2023 7:00 p.m. EXHIBIT/PAGE 1. Call To Order 2. Approval of January 18, 2023 Meeting Minutes 2023 - 129 pgs. 2-22 3. Report of the Fire Superintendent Tamborelle: Submitted Report 2023 - 130 pgs. 23-24 4. Privilege of the Floor: 5. Report of Treasurer Dolch: Submitted Report 2023 - 131 pgs. 25-26 6. Report of Mayor Woodard a. Public Hearing on Proposed Local Law C of 2023 – CHFD Property Tax 2023 - 132 pgs. 27-29 b. CSI 2023 - 133 pgs. 30-33 c. Walking Safe Cayuga Heights Sidewalk Design Plan Discussion 8:00 p.m. 2023 - 134 pg. 34-41 d. Clean Energy Communities Program Project Selection 2023 - 135 pg. 42 e. Plant to Plant Contract Link 7. Report of Superintendent of Public Works Cross: 8. Report of the Trustees: 9. Report of Police Chief Wright: Submitted Report 2023 - 136 pgs.43-44 10. Report of Director of Public Works Wiese: Submitted Report 2023 - 137 pg. 45 11. Report of Clerk Walker: Submitted Report 2023 - 138 pgs. 46-47 a. Videoconferencing Procedures 12. Report of Village Attorney: 13. Adjournment 2 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. 3 •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 4 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. 5 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: 6 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 7 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 ____________ 8 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. 9 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. 10 •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. 11 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 12 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. 13 •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. 14 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. 15 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 16 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. 17 •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. 18 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 19 •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. 20 •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. 21 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 22 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. 23 EXHIBIT 2023-130 February 15, 2023 Honorable Linda Woodard Board of Trustees Village of Cayuga Heights Monthly Report January 2023 We started 2023 with a busy month. We had 24 calls in the Village of Cayuga Heights, 15 calls in the Town of Ithaca and 7 mutual aid requests. There were 28 EMS calls and 28 fire responses. This was a month full of different types of calls. We ran many EMS calls, but they were broken up by motor vehicle crashes, wires down calls, flooded basements and mutual aid requests. These months are appreciated by the firefighters of the department because they keep skills sharp, and the month is not dominated by EMS. January training was slow due to the winter break for many of our members. We did work on checklists with the probationary members who were in town during break and that helped them to move forward and several finished and are now exterior firefighters. Almost then entire recruit class enrolled in the Blended Learning BEFO class and finished the on line portion during break. The in person skills section of the class started up in late January at the fire station. Everyone seems to be doing well with this and many are excited to finish the BEFO and move on to the IFO part of the training. After a two year break during Covid we did resume our in person OSHA refresher training in January. OSHA refresher in one of our required annual trainings in the department. All members must take this training in order to remain in good standing. If a member misses the in person class they are required to take the class on line and complete a written test on the content. The refresher covers many topics including Sexual Harassment and Violence in the Workplace. All members get this training during recruit class and the annual refresher. During the annual training we were also able to work at getting caught up on our required annual fit testing. We did no fit testing during Covid because the test requires us to use the same regulator attached to the machine for all members. We were able to purchase an additional two regulators and got guidance from the OHD medical director on how to safely disinfect between tests. The fit testing is required for all members to ensure that they have a good SCBA mask seal. Fit testing is also required for the New York State Cancer Benefit. We did put out the RFP for the roof project and are waiting on the bids to come back. We have had several roofing companies request the RFP and they have come to inspect the roof to better prepare their bids. Bid opening is March 1st at Marcham Hall. This cost will be incorporated into the FY 23/24 budget. There is still no word on the build or delivery time for the new pickup truck that was ordered last August. In a conversation with the dealer, he hopes that the truck would be delivered in this fiscal year. HSC Associates are still planning to start work on the air conditioning project this winter with plans to finish the entire project in the spring. Looking through this years budget we are hoping to stay within budget for all or our lines but we worry that this will not be the case. The increase in cost for even the most basic pieces of equipment or maintenance and repairs has been unanticipated. An example of this was found during budget planning 24 for FY 23/24. We pre ordered turnout gear in October because it is taking up to a year to get it delivered, where it used to take 2 to 3 months, and are looking to take delivery of this order in August. Since the time we ordered this gear Globe has had two 10% price increases. This makes anticipating costs for equipment and maintenance almost impossible and it reflects in the amount of budgeted money we have spent already with 4 months left in this fiscal year. All our members have returned to the area and the station is again a very busy place. It is good to have everyone back. We always take a sign of relief when we are able to quickly staff all of our apparatus when we receive a request for service. Sincerely, George Tamborelle Fire Chief/Fire Superintendent 25 EXHIBIT 2023-131 VILLAGE OF CAYUGA HEIGHTS TREASURER’S REPORT Revenues and Expenses: January 2023 bank to book reconciliations are complete. They have been reviewed and approved by Trustee and Deputy Treasurer Rennekamp. A copy of the accounting system generated Monthly Treasurer’s Report is attached. Budget: The 2023-2024 Budget Worksheets for General, Water, and Sewer Funds are being updated by department heads and committees. The shared folder also has the Special Grants budget and the Capital Budget worksheets. The budget workshop will be on Saturday, March 25th from 9-12 pm. Debt: Our next $100,000 (plus interest) payment for the Fire Truck will be paid this week. We owe 200,000 more on this BAN after this payment. Budget: In January we paid the Town of Ithaca $122,402.91 for Sewer Services in 2020. We had not budgeted for this expense in the 2022-2023 fiscal year. Additionally, we will owe another $83,602.05 to the Town of Ithaca as part of the final plant to plant agreement. BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves moving $206,004.96 (122402.91 + 83,602.05) from NYCLASS Savings to Sewer Contingency (G1990.400 ) to fund WWTP – Purchase Sewer Services (G8130.480) Approval of Abstract 9: BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Abstract #9 for FYE2023 consisting of: • TA vouchers 67-74 in the amount of $14,764.92 and • Consolidated Fund vouchers 617- 690 in the amount of $289,297.45 and the Treasurer is instructed to make payments thereon. Respectfully Submitted Laura W. Dolch Laura W. Dolch #1 Treasurer 26 27 EXHIBIT 2023-132 DRAFT VILLAGE OF CAYUGA HEIGHTS PROPOSED LOCAL LAW C OF THE YEAR 2023 a Property Tax Exemption for Volunteer Firefighters and Ambulance Workers Pursuant to Section 466-a of the Real Property Tax Law Section 1. A new Article_ of Chapter _of the Code of the Village of Cayuga Heights, entitled “Volunteer Firefighters and Ambulance Workers Exemption,” is hereby enacted pursuant to Real Property Tax Law Section 466-a, to read as follows: Volunteer Firefighters and Ambulance Workers Exemption Grant of exemption. An exemption of 10% (ten) of assessed value of property owned by an enrolled member as set forth below, or such enrolled member and their spouse, is hereby granted from taxation with respect to the real property taxes of the Village of Cayuga Heights and Town of Ithaca as long as eligibility requirements are met. Eligibility requirements. Such exemption shall be granted to an enrolled member of an incorporated volunteer fire company, fire department, or incorporated voluntary ambulance service provided that: A. The property is owned by the volunteer firefighter or volunteer ambulance worker; B. The property is the primary residence of the volunteer firefighter or volunteer ambulance worker; C. The property is used exclusively for residential purposes; D. The volunteer firefighter or volunteer ambulance worker resides in the Village of Cayuga Heights and the Town of Ithaca is served by such incorporated volunteer fire company or fire department or incorporated voluntary ambulance service; E. The volunteer firefighter or volunteer ambulance worker is certified by the authority having jurisdiction as an enrolled member of such an incorporated volunteer fire company, fire department, or incorporated voluntary ambulance service; and F. The volunteer firefighter or volunteer ambulance worker meets the minimum service requirement established by Vi, which is hereby established as two years. 28 Application. A volunteer firefighter or volunteer ambulance worker must annually, on or before the applicable taxable status date, file an application for such property tax exemption with the assessor responsible for preparing the assessment roll for the Village of Cayuga Heights, on a form as prescribed by the New York State Commissioner of Taxation and Finance. The Village of Cayuga Heights must maintain written guidelines, available upon request, as to the requirements of an enrolled volunteer member relating to this exemption. Certification. The Village Treasurer must annually file with the assessor, prior to the applicable taxable status date, a list of the active volunteer members who are certified to meet the minimum service requirement. Such list must provide, as of the applicable taxable status date, the number of years of service served by each such enrolled member and such enrolled member's address of residence. No diminution of benefits. An applicant who is receiving any benefit pursuant to Article 4 of the Real Property Tax Law as of the effective date of this article shall not have any of those benefits diminished because of this article. Grant of lifetime exemption. Any eligible enrolled member who accrues more than 20 years of active volunteer service (as certified by the authority having jurisdiction) shall be granted the 10% exemption as authorized by this article for the remainder of his or her life as long as his or her primary residence is located within the Village of Cayuga Heights. Un-remarried spouse of enrolled member killed in the line of duty. The un-remarried surviving spouse of a deceased enrolled member killed in the line of duty, as certified by the authority having jurisdiction, is qualified to continue to receive an exemption, as long as the deceased volunteer had been an enrolled member for at least five years and had been receiving the exemption at the time of his or her death. Un-remarried spouse of deceased enrolled member. The un-remarried surviving spouse of a deceased enrolled member, as certified by the authority having jurisdiction, is qualified to continue to receive an exemption, as long as the deceased volunteer had been an enrolled member for at least 20 years and the deceased volunteer and un-remarried spouse had been receiving the exemption at the time of his or her death. 29 Section 2. If any clause, sentence, paragraph, section or part of this Local Law is declared by a Court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to said clause, sentence, paragraph, section or part of this Local Law. Section 3. This Local Law shall take effect immediately upon filing in the office of the Secretary of State in accordance with Municipal Home Rule Law Section 27. 30 EXHIBIT 2023-133 31 32 33 34 EXHIBIT 2023-134 Walking Safe Cayuga Heights 90 % Design 3950.69-Final-Design-Report.pdf / Base Bid Estimates 35 Submitted Public Comments Walking Safe Cayuga Heights To neighbors: Although the Village had anticipated receipt of the final drawings and a revised cost estimate from the consultant in time for consideration at the Board of Trustees meeting tonight, the documentation has not yet been delivered and therefore no discussion of this project will happen at tonight’s Trustee meeting as had previously been advertised. In the meantime, there is a copy of the final draft of the “Engineer’s Report” that has been posted on the Village website under “Project” pull down menu and then the tab for “Walking Safe Cayuga Heights”. The Final Engineers Report was approved by NYSDOT and has now authorized Fisher Associates to draw the final plans and cost estimate. Once we have the final plans in hand, I will reach out to the neighbors to share the information in advance of the project being added to the next Board of Trustees meeting at which they will have an open discussion of the project in a public meeting that you are welcome to attend. The goal of discussing the updated plans/cost at a Trustee meeting is to make a final decision to have the plans put out for bidding. If all of that comes together in a timely manner, the possibility would be to have the construction begin in the summer of 2023 with completion by the end of 2023. The intention of sharing the plans with you is to make sure that there are no details that need to be revised such as pole locations, curb-cuts for driveways, drainage inlet/outlet, etc. I know that I do not have every neighbor’s email, so feel free to share this with them or let me know their address so that I can add them to the list. For anyone that I do not have an email, I will reach out to them by phone or US mail. Sincerely, Brent Dear Village Clerk Walker, I support sidewalks in Cayuga Heights for the safety of our residents especially our children. I support the Kline Road sidewalk and hope you can put in sidewalks on that part of Cayuga Heights Road near Route 13 and near the Cornell President’s house. Best wishes, Deirdre Deirdre L. Hay (S.J.D.), Esq. (she/her/hers) Jeff, 36 I support the Kline/Wyckoff Road Sidewalk project. Please proceed in a way that maximizes consideration for the impacted property owners. Thanks, Derek Burrows 402 Cayuga Heights Road Jeff Walker, I am writing to you in support of the sidewalk on Kline and Wykoff Roads. We have lived at 212 Overlook Rd for almost 13 years and have four children ranging in age from 20 to 12. We have both accompanied and have sent our kids walking alone or with friends to Cayuga Heights Elementary School, Boynton and IHS daily for these 13 school years. We are not eligible to get a bus to any of these schools and we are happy to start and end the day with a walk. Both Kline and Wykoff (and all neighboring roads) are narrow, steep, winding, and unsafe for pedestrians. We have tried many combinations of Kline Rd, Wykoff Rd, Devon Rd, paths through Cornell lands, cutting through neighbors yards, as well as the road through the cemetery. All of these routes require at least some time on roads without sidewalks, a lack of shoulders and plenty of blind corners where cars cannot see pedestrians. We have been waiting a long, long time for this sidewalk to be completed. Our third child is about to graduate from IHS but we would love for our youngest to have a safe route to and from school for his remaining five years in the ICSD. We are an enthusiastic vote of YES on this project. Thank you, Becca and Alex Hagen 212 Overlook Rd Dear Brent, Thanks for this message. Our property—404 Highland Road—abuts the North side of Kline road and the East side of Overlook. We are curious why building the sidewalk on the North side of Kline was evidently ruled out as an option for the Walk Safe project. It seems that it could be safer for pedestrians to walk on the North side of Kline, which is a bit elevated, rather than the South side between Highland and Overlook and then cross over Kline to the North side for the stretch between Overlook and Cayuga Heights Road. We have no objection to building the sidewalk on the North side of Kline between Highland and Overlook, and in our opinion, it would be safer for walkers to cross over at Overlook rather than to cross Kline at a point where drivers are accelerating up Kline or are moving faster toward the bottom of that hill. Also, it seems that a traffic study should be conducted before considering any of the options. Kline Road traffic has increased significantly over the past 17 years, and the increase in heavy, wide- 37 body truck traffic is a potential hazard for walkers. At the very least, we believe that speed bumps should be considered in order to enhance sidewalk safety. Thank you, Lisken and Jim Cordes Dear Cayuga Heights Board of Trustees, I'm writing on behalf of my family in strong support of the Safe Route to School project. We are unable to attend the meeting on February 15th and respectfully submit this letter as we cannot speak at the public session. We moved to Cayuga Heights from Lansing in June 2021. The biggest draw to this address is the proximity to the public schools and to Cornell. Our older child attends Boynton and our younger child will enter sixth grade next year. Our eighth grader is assigned a bus stop at the intersection of Kline and Cayuga Heights Rd. While they are on a sidewalk from our house to the end of Oak Hill Road, we all have concerns about the walk beyond Highland and down Kline where the road is winding and there is no sidewalk. Often, our child chooses to walk all the way to Boynton rather than wait for the bus -- along Wyckoff without a sidewalk and then to the cemetery path. No matter how many times we discuss walking without headphones and while alert, we all worry about the potential for driver and pedestrian distraction on a path that our child must navigate daily. In addition to concerns about our children walking down/up Kline and Wyckoff, I also had been an avid runner and walker who enjoyed taking our dog along. A sidewalk along this path would not only benefit the safety of pedestrians but also would be safer for drivers. On several occasions, I've driven up Wyckoff and Kline when walkers were present (especially those with dogs on loose leashes) and felt concerned about how narrow the road is with no "boundary." A sidewalk would be reassuring that pedestrians and drivers would each keep to their "lane," so to speak. I've recently encountered numerous health issues, and I will be unable to walk without assistance for many months to come. While the geography of this path is a challenge in its own right, I am very aware that unless there is a sidewalk, I'll be unable to even consider building up to walking to or from the schools as the only "safe" option for pedestrians who encounter two cars passing in opposite directions along Kline is to step off the road and onto the uneven shoulder. We appreciate the careful planning that has gone into this project and sincerely hope that it is approved and completed. Sincerely, Rebecca Lovenheim 105 Oak Hill Place (781)248-7938 Jeff, 38 The Weebly site was recently updated and doesn't include the description that had originally outlined a proactive and public/community-inclusive project approach. How and when was the survey monkey survey shared? How many responses were received from the survey, when were the responses shared and where can a log be viewed of the survey responses that were captured? Since Randy and I live on the proposed project route we have been paying attention and are proactive information seekers. The info that we receive about the project has been sporadically shared and is typically only provided upon request. You referenced in our conversation that letters were sent out but we never received a letter or letters about this project. At the inception of the project, it was conveyed that there were plans for several public meetings and a defined public outreach plan providing ALL Village residents an opportunity to share their opinions and comments about the project. Is there a communication plan that was developed for the project that you share? Last July (and again last Fall) when Randy and I (virtually) attended the Trustee Meeting and expressed concerns about the project (including the lack of a traffic study) we were told (by Brent in the meeting and since then), "The goal is to have a completed engineering report which will then produce a final design report for the public to then make comments." The final report just hit the website this week and now we learn that the meeting next week is to approve the report so that it can go out to bid. So there won't be a meeting that is promoted ahead of time so that the public can participate? Is the opportunity "for the public to make comments" limited to those members of the public that Brent is personally contacting. Are there records of Brent's visits with individual residents and the topics discussed? As always Jeff, I appreciate your time providing info and sharing information. I will stay tuned for the grant file info and any other documents and information that you can provide. Thank you. Hi Brent, I have reviewed the drawings you shared. The current design document does not include enough information to yield quality bids and construction. As you know, to receive comparative bids and construct a quality project, construction documents must provide adequate detail. The goal of the documents is to convey a common understanding of the work scope to bidders/contractors. The current design lacks the appropriate number of elevations and sections to illustrate the site's complex topography, features, and infrastructure. One outcome of this is that it is impossible to understand the project's intended finished appearance. And, inaccuracies in the design indicate a lack of thoroughness and inattention to detail. We would be happy to meet with you to review the documents and contribute to their improvement to meet the stated project goal of walking safe. 39 Randy Thanks for your email. I am not sure who "told that FHWA rules advise not to publish". They are misinformed. Here's a Section 106 Tutorial from the Federal Highway Administration website: https://www.environment.fhwa.dot.gov/env_topics/section_106_tutorial/chapter4_1fig1_l ongdesc.aspx. In particular, please note bullet four of Step 1 and bullet two Step 4. The ACHP (Advisory Council on Historic Preservation) also has an Introduction to Section 106 process on their website: https://www.achp.gov/protecting-historic-properties/section-106- process/assessing-effects If you scroll to the bottom of the web page immediately before "THE SECTION 106 PROCESS CONCLUDES" it states "The federal agency documents its finding, shares it with all consulting parties for a 30-day review period, and makes information available to the public." The FHWA Section 106 Tutorial and ACHP Introduction to Section 106 process are based upon Title 36, CFR, Chapter VIII, Part 800. Please reference that here: https://www.ecfr.gov/current/title-36/chapter-VIII/part-800?toc=1 My understanding was that you had concluded the federally required Section 106 process. Yet, without making the results public, that is incorrect. Additionally, my research has revealed that the following properties were identified as being potentially affected by the project: 511 Kline Road, 201 Cayuga Heights Road, 102 Corson Place, 100 Sunset Park, 903 Wyckoff Road, and 701 Wyckoff Road. Each of these properties were studied by Fisher Associates' subconsultant, Hartgen Archeological Associates, as a part of the Section 106 process. My property, 322 Highland Road, a contributing structure in the National Register Cornell Heights Historic District, does not appear to have been identified or studied. Since my property will clearly be affected by the project, I am hopeful that your completion of the process will help me understand why it was not included, or, if it must be included, what determination is made. I look forward to hearing your plan and schedule for completing the process. Best, I must agree with Randy here. In addition if this to be constructed as drawn, our front yard is torn up all the way to the main entrance and we have 6-ft sidewalks incurring into our driveways and front door walkway without any curb cuts. This is not what we have discussed at length (and I even provided drawings) with you over the last several years. Without additional detailing this will be quite disastrous along our stretch of Kline rd. We are all for walking safe at 511 Kline, but we really need to address this before too long. Aleksandr Mergold, AIA, LEED AP Architect 40 Co-founder of Austin+Mergold M: 646-610-0014 www.mergold.work Dear neighbors, Trustees and Village officials, Having reviewed the drawings from Fischer currently posted on the village website, I can say (as a licensed architect in NYS) that they are incomplete. They also do not accurately (or at all) take into account the most recent input I provided to Brent, input on which he agreed and promised to relay to Fischer. Nor could they possibly result in an accurate price estimate—they are simply too vague, lacking detail and critical elements that will no doubt be added in later via change orders. The actual price to build a project that is safe for pedestrians and bicyclists, that provides adequate stormwater management, that will not incur legal action, is far higher than an estimate on this set of drawings. Holding a vote to accept such an estimate and move forward shows poor stewardship of Village resources and taxpayer moneys. It is a waste of valuable time for all parties—Trustees and residents included. To move forward productively, the drawings first need to reflect what we have been discussing with Brent for nearly two years at this point. They need more detail, and more information. As an example, along our property alone, the drawings do not show any curb cuts in front of driveways, nor do they show any detail of what a curb cut may look like. A section that I saw that isn’t part of this set showed storm water directed towards our house and PL-5 suggests the complete destruction of our front yard (and seemingly beyond the ROW - the drawings do not clearly show property or ROW lines, so impossible to judge) for the sidewalk installation. I suspect that similar issues exist throughout the path of the sidewalk. I think the affected neighbors should all meet together with Brent (rather than individually, as has been happening to this point) to discuss the drawings and what’s missing. Fischer needs to revise and amend the set accordingly, and only then it is worth discussion with the trustees. And we certainly welcome Lisken Cordes’ note about the sidewalk on the north side. The north option was originally presented to us as a more expensive that that will result in the road being even closer to our house. As I recall the difference between the two options in price was well within the margin of contingency allowance, so we are certainly happy to discuss the north sidewalk again, as long as it does not shift the road closer to our front steps – that’s simply dangerous, given the increased traffic we’ve been having on Kline. In principle, over the course of the project we have made and have heard from others several suggestions that would be a major improvement to how this project is administered: 1.Hire a Project manager that is dedicated to this specific project. This would help Brent tremendously. TG Miller, for example. 2. Consider a traffic study – why this never happened is unclear but this type of work certainly would benefit tremendously. Numerous times we suggested a one-way designation for Kline Rd – a traffic study would evaluate its validity. One way certainly opens up a vast opportunity to use this grant moneys toward better, more durable, more attractive, more sustainable ways of making a sidewalk. Bike lanes, for example. 3.Reshape the turn from Highland to Kline, especially from the north – it extremely tight now, and requires a 3-way (or more) turn often. 41 Aleksandr Mergold, AIA, LEED AP Architect Co-founder of Austin+Mergold T: 646-610-0014 www.mergold.work Dear Jeff Walker, I am writing to let you know that I highly support the 'Safe Route to School' initiative to create safe walking for our students, children, and community! Please continue the construction of our proposed sidewalks. Thank you, -Maki Maki Inada (she/her) 42 EXHIBIT 2023-135 Climate Smart Communities Leadership Round Ideas for Clean Energy Communities Grant Funds Can be put towards: 1. Municipal building energy audits (which will lead to a list of projects) 2. Municipal building energy efficiency upgrades* 3. Upgrade municipal building lights to LEDs* 4. Install energy-saving windows with overhangs or awnings to keep sun out in summer. 5. Purchase & install Heat Recovery Ventilators 6. Put towards purchase & installation of a solar array* 7. Put towards procurement of battery storage for solar-generated electricity 8. Put towards purchase a heat pump system* 9. Put towards purchase of EV or hybrid EV municipal vehicle* 10. Put towards purchase an EV charging station* 11. Hire a part-time energy advisor/coordinator to help with CEC & CSC projects 12. Create ongoing student energy internship fund that is 90% paid by NYSERDA 13. Purchase Renewable Energy Certificates* 14. Replace DPW gas equipment with electric (leaf blowers, mowers, etc.) 15. Purchase of electric ATV for DPW use 16. Installment of smart thermostats, lighting sensors* 17. Put towards procurement of heat pump water heaters for the muni* 18. Fund for residents to help with weatherization (window film, heat-reducing drapes, insulation of water pipes & water heater), smart thermostats, purchase/installation of heat pumps or heat pump water heaters, LED bulbs* 19. Membership in the ICLEI – an international consortium of local governments for sustainability 20. Direct to clean energy project in local public elementary school (LED lighting, replace cafeteria gas appliances with electrical or induction appliances, heat pump purchase, solar array purchase & installation). 21. Strategic tree and vegetation planting in previously impervious municipally-owned lots, curbside, & parking lots to ameliorate temperature extremes. 22. Bike path network through town suitable for commuting, shopping, going to school. 23. (Sheltered?) Bike racks in downtown area and/or schoolyard 24. Create a municipal revolving clean energy fund to use and replenish as projects come up and savings are realized Basically, any action that is intended to lower energy usage and/or promote renewable energy may be approved. 43 EXHIBIT 2023-136 Village of Cayuga Heights Police Department ___________________________________________________ Jerry L. Wright Chief of Police 2/9/23 To: The Honorable Mayor Woodard Members of the Board of Trustees Village of Cayuga Heights Re: Report of the Police Department for January 2023 In the month of January, the police department received 457 calls for service. In addition to these calls, 127 uniform traffic tickets were issued, and 5 parking violations were cited. A breakdown of the calls for service is as follows: There was one Felony complaint of Burglary reported. A resident reported that an individual was trying to break into their home. After investigation, officers determined that the incident was domestic in nature and the suspect lived at the residence. No crime was taking place. 3 Misdemeanor Penal Law Offenses were handled. 1 complaint of Criminal Mischief was investigated after cemetery caretakers found damage done to a mausoleum. There are no suspects in this case and no evidence to provide any leads. A Stolen Vehicle complaint was received. The vehicle was found to be in use by a friend, no charges were sought. An incident of a Fraud was reported by a resident that had received a phone call from someone claiming to be from Medicaid. The caller had the complainant’s Medicaid ID number and other general information. The complainant also called Medicaid directly to report the scam. There was no exchange of money, and no additional personal information was offered by the complainant to the caller. The investigation of 20 Traffic Stops led to 25 Vehicle and Traffic Misdemeanor charges. 16 for Suspended Registration and 9 for Aggravated Unlicensed Operation of a Motor Vehicle. These 25 charges accounted for the 20 arrests made for the month. There were no Penal Law Violations handled. 1 Local Law incident of In the Park After Hours occurred. The officer on duty observed a subject sitting in their vehicle in Sunset Park after 10:00 P.M. The subject was advised of the Local Law and left the park without further incident. 7 Motor Vehicle accidents were reported all occurring at different locations within the village. 1 at Hanshaw Rd. and E. Upland Rd., 1 at N. Triphammer Rd. and Winthrop Dr., 1 at N. Sunset Dr. and 44 CHRD, 1 on The Parkway, 1 on Winthrop Dr. and 1 on Route 13 North bound. None were reported as involving deer. No other incidents involving deer were reported. 6 calls for service were completed under the Tompkins County Mutual Aid Agreement involving CHPD officers assisting other agencies and 1 call involving agencies assisting CHPD. Over the course of the month, Officers took part in the following trainings and/or events: On the 26th Chief Wright, Sergeant Manning, and Officers Miller, Manheim, and Langlois attended Hate Crime training offered by Cornell University Police. The full-time officers worked a total of 17.5 hours of overtime and the part-time officers worked a total of 148 hours. Sincerely, Chief Jerry Wright 45 EXHIBIT 2023-137 Village of Cayuga Heights Mike Wiese – B.O.T Report February 15th, 2023 Code Enforcement – No trainings were attended Water – The DPW repaired a water main break on Texas Lane on February 4th. The leak was found to be a valve that had a gasket and bolt failure. The valve was repaired and the line returned to operation on the 4th. In result of this work two isolation valves were found to be damaged while the work was occurring. These valves were repaired with the help of the Town of Ithaca on Tuesday February 7th. Sewer – New tracking devices called iTrackers were reviewed and ordered for our sewer system. These devices are portable flow trackers that can be used by the DPW to monitor flow in individual manholes which will help identify I&I in the sewer lines. Information on these trackers can be found in the attached information sheet. 46 EXHIBIT 2023-138 Clerks Report: The Board of Trustees Procedures for Member Videoconferencing Pursuant to Public Officers Law § 103-a In compliance with Public Officers Law (POL) § 103-a(2)(a), the Board of Trustees/Planning Board/Zoning Board of Appeals (the “Board”), following a public hearing, authorized by resolution on February 15, 2023 the use of videoconferencing as described in POL § 103-a. The following procedures are hereby established to satisfy the requirement of POL § 103- a(2)(b) that any public body which in its discretion wishes to permit its members to participate in meetings by videoconferencing from private locations – under extraordinary circumstances – must establish written procedures governing member and public attendance. 1. Board members shall be physically present at any meeting of the Board unless such member is unable to be physically present at one of the designated public meeting locations due to extraordinary circumstances. 2. For purposes of these procedures, the term “extraordinary circumstances” includes disability, illness, caregiving responsibilities, or any other significant or unexpected factor or event which precludes the member’s physical attendance at such meeting. 3. If a member is unable to be physically present at one of the designated public meeting locations and wishes to participate by videoconferencing from a private location due to extraordinary circumstances, the member must notify the Mayor/Chairperson of the Planning Board/Chairperson of the Zoning Board of Appeals no later than four business days prior to the scheduled meeting in order for proper notice to the public to be given. 4. If there is a quorum of members participating at a physical location(s) open to the public, the Board may properly convene a meeting. A member who is participating from a remote location that is not open to in-person physical attendance by the public shall not count toward a quorum of the Board but may participate and vote if there is a quorum of members at a physical location(s) open to the public. 5. Except in the case of executive sessions conducted pursuant to POL § 105, the Board shall ensure that its members can be heard, seen, and identified while the meeting is being conducted, including but not limited to any motions, proposals, resolutions, and any other matter formally discussed or voted upon. This requirement shall include the use of first and last name placards 47 physically placed in front of the members or, for members participating by videoconferencing from private locations due to extraordinary circumstances, such members must ensure that their full first and last name appears on their videoconferencing screen. 6. The minutes of the meetings involving videoconferencing based on extraordinary circumstances pursuant to POL § 103-a shall include which, if any, members participated by videoconferencing from a private location due to such extraordinary circumstances. 7. The public notice for the meeting shall inform the public: (i) that extraordinary circumstances videoconferencing will (or may) be used, (ii) where the public can view and/or participate in such meeting, (iii) where required documents and records will be posted or available, and (iv) the physical location(s) for the meeting where the public can attend. 8. The Board shall provide that each open portion of any meeting conducted using extraordinary circumstances videoconferencing shall be recorded and such recordings posted or linked on the Board’s website (https://cayuga-heights.ny.us) within five business days following the meeting and shall remain so available for a minimum of five years thereafter. Such recordings shall be transcribed upon request. 9. If members of the Board are authorized to participate by videoconferencing from a private location due to extraordinary circumstances, the Board shall provide the opportunity for members of the public to view such meeting by video, and to participate in proceedings by videoconference in real time where public comment or participation is authorized. The Board shall ensure that where extraordinary circumstances videoconferencing is used, it authorizes the same public participation or testimony as in person participation or testimony. 10. Open meetings of the Board conducted using extraordinary circumstances videoconferencing pursuant to the provisions of POL § 103-a shall be broadcast pursuant to the requirements of POL § 103(f) and shall utilize technology to permit access by members of the public with disabilities consistent with the 1990 Americans with Disabilities Act (ADA), as amended, and corresponding guidelines. For the purposes of this guideline, “disability” shall have the meaning defined in Executive Law § 292. 11. The in-person participation requirements of POL § 103-a(2)(c) shall not apply during a state disaster emergency declared by the governor pursuant to Executive Law § 28 if the Board determines that the circumstances necessitating the emergency declaration would affect or impair the ability of the Board to hold an in-person meeting. 12. These procedures shall be conspicuously posted on the Board’s website (https://cayuga- heights.ny.us).