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HomeMy WebLinkAbout10.18.2023-Minutes-1 VILLAGE OF CAYUGA HEIGHT October 18, 2023 Zoom ID # 4118425407 BOARD OF TRUSTEES 7:00 p.m. MONTHLY MEETING Present: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton; Village Engineer B. Cross; Director of Public Works Wiese; Police Chief Wright; Treasurer Dolch; Attorney Marcus; Clerk Walker. 1. Call to Order: Mayor Woodard calls the meeting to order at 7:00 p.m. 2a. Approval of the September 20, 2023 Meeting Minutes (Exhibit 2024-090) Resolution: 9496 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the September 20, 2023, Board Meeting Minutes as presented. Motion: Trustee Marshall Second: Trustee Biloski Ayes: Mayor Woodard; Trustees: Bilsoki, Hubbell, Marshall, Rennekamp, Robinson, Salton Nays: none Abstentions: none Motion Carried 2b. Approval of the October 4, 2023 Special Board Meeting Minutes (Exhibit 2024-091) Resolution: 9497 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the October 4, 2023, Special Board Meeting Minutes as presented. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Bilsoki, Hubbell, Marshall, and Robinson Nays: none Abstentions: Trustee Rennekamp, and Salton Motion Carried 3. Report of Fire Superintendent Tamborelle: Submitted Report (Exhibit 2024-092) 2 • Fire Superintendent Tamborelle states that the fire station roof project is just about complete. He is very impressed with the contractor’s quality of work and speed of the project. • Fire Superintendent Tamborelle states that the department held the annual recruitment dinner which resulted in twenty recruits. The EMT class at the fire station has grown to twenty-eight people. • Fire Superintendent Tamborelle states that the only two action items he has for the Board tonight are the Cayuga Heights Fire Company letter of support and declaring the 2013 Ford F-150 as surplus. • Fire Superintendent Tamborelle states that Mayor Woodard and Village Attorney R. Marcus and himself met with the Town of Ithaca to discuss the Fire Support Contract the Village has with the Town of Ithaca. •Mayor Woodard states that the Town of Ithaca's contribution is based on the property tax value in the district the department covers. It is also based on the expenses of the fire department for that given year. •Mayor Woodard states that the Town of Ithaca was surprised at the amount of money they would be contributing to the Village this upcoming year. There was some confusion on gross versus net expenses that the Town of Ithaca would contribute to. • Mayor Woodard states that the Town of Ithaca felt the Village should deduct the contributions Cornell University donated towards a new fire truck, but that is not the case. • Fire Superintendent Tamborelle states that the Town of Ithaca does not have a say in how the Village spends money for the fire department. Resolution: 9498 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves the Cayuga Heights Fire Company fundraising letter to be mailed out to Village residents as presented in Exhibit 2024-093. Motion: Trustee Robinson Second: Trustee Biloski Ayes: Mayor Woodard; Trustees: Bilsoki, Hubbell, Marshall, Rennekamp, Robinson, Salton Nays: none Abstentions: none Motion Carried b. CHFD F-150 Resolution: 9499 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves the sale of the surplus 2013 Cayuga Heights Fire Department Ford F-150 VIN#FTFW1EF2DKE31798 using Teitsworth Auctioneers. 3 Motion: Trustee Rennekamp Second: Trustee Salton Ayes: Mayor Woodard; Trustees: Bilsoki, Hubbell, Marshall, Rennekamp, Robinson, Salton Nays: none Abstentions: none Motion Carried 4. Privilege of the Floor: No members of the public wished to speak 5. Report of Treasurer Dolch: Submitted Report (Exhibit 2024-095) • Village Treasurer Dolch states that the September Bank to Book reconciliation is complete and has been signed off by Deputy Treasurer Rennekamp. •Village Treasurer Dolch states that she finished the AUD and submitted it to the Office of the State Comptroller on time without an extension. • Village Treasurer Dolch states that the annual audit will start next week. • Village Treasurer Dolch states that the Hanselman donations account was rolled into Fund Balance in FY 2021- 2022 and 2022-2023. She would like to propose that we move all Hanselman income into a newly created Special Grants Fund (CD 232-Fire Department Donations). The previous balance of $21499.08 will be moved from Fund Balance and $1916.60 will be moved from A2705H to better manage and track these donations. Resolution: 9500 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees authorizes and approves the creation of CD 232 (Fire Department Donations) and for the treasurer to fund this account with $21,499.08 from Fund Balance and $1916.60 from A2705H. Motion: Trustee Hubbell Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Bilsoki, Hubbell, Marshall, Rennekamp, Robinson, Salton Nays: none Abstentions: none Motion Carried Budget: • Village Treasurer Dolch states that F8350.410 (water system – contractual) has encountered some water valve replacement issues which has driven the budget over the anticipated amount. We will need to move $10,000 from the water contingency account to cover the overage and the upcoming vouchers for this abstract. 4 Resolution: 9501 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees authorizes and approves moving $10,000 from the Contingency budget (F1990.400) to Water System – Contractual (F8350.410). Motion: Trustee Rennekamp Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Bilsoki, Hubbell, Marshall, Rennekamp, Robinson, Salton Nays: none Abstentions: none Motion Carried Approval of Abstract 5: Resolution: 9502 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Abstract #5 for FYE2024 consisting of TA vouchers #27-34 in the amount of $14,644.76 and Consolidated Fund vouchers #289-367 in the amount of $574,452.55 and the Treasurer is instructed to make payments thereon. Motion: Trustee Salton Second: Trustee Biloski Ayes: Mayor Woodard; Trustees: Bilsoki, Hubbell, Marshall, Rennekamp, Robinson, Salton Nays: none Abstentions: none Motion Carried 6. Report of Mayor Woodard: Public Hearing on Proposed Local Law E of the year 2023 - Short-Term Rental Permit • Village Attorney R. Marcus states that this proposed local law has modified the language in the Village Code to remove the requirement that the property owner obtain a permit before advertising short-term rentals. -Mayor Woodard opens the Public Hearing at 7:23 p.m. -Mayor Woodard closes the Public Hearing at 7:23 p.m. Resolution: 9503 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees adopts Proposed Local Law E of the year 2023 as Local Law 5 of the year 2023. 5 A LOCAL LAW TO AMEND THE CODE OF THE VILLAGE OF CAYUGA HEIGHTS CHAPTER 305, "ZONING," ARTICLE V, "RESIDENCE ZONE," SECTION 305-17, “PERMITTED ACCESSORY BUILDINGS AND USES” TO REMOVE THE PENALTY FOR ADVERTISING A SHORT-TERM RENTAL PRIOR TO OBTAINING A CURRENT REGISTRATION PERMIT Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows: SECTION I PURPOSE AND INTENT The Village's Board of Trustees (the "Board") has been advised that the terms of Village Code Chapter 305, Article V, Subsection 305-17(I)(5)(d) may not be enforceable under the First Amendment and Commerce Clause of the Constitution. The intent of this Local Law is to remove this potentially unenforceable Subsection and to relabel the subsequent subsections. The purpose of this Local Law is to revise the text of Village Code Chapter 305, Article V, Subsection 305-17 to delete Subsection 305-17(I)(5)(d) and to relabel Subsections 305-17(I)(5)(e) and 305-17(I)(5)(f) accordingly. SECTION II AUTHORITY This Local Law is enacted pursuant to the grant of powers to local governments provided in Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provision of the New York State Constitution and not inconsistent with any general law relating to its property, affairs, government or other subjects provided for in said Section 10 of the Municipal Home Rule Law. SECTION III AMENDMENT OF ZONING LAW ARTICLE V, “RESIDENCE ZONE,” SECTION 305-17, "PERMITTED ACCESSORY BUILDINGS AND USES" In Chapter 305 of the Village Code, "Zoning," Article V, "Residence Zone," Subsection 305-17, "Permitted Accessory Buildings and Uses," Subsection (I)(5)(d), is hereby deleted. As a result, the former Subsection (I)(5)(e) shall hereinafter be referred to as Subsection (I)(5)(d), and the former Subsection (I)(5)(f) shall hereinafter be referred to as Subsection (I)(5)(e). 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 VII 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. 6 This law shall become effective upon filing with the New York State Secretary of State. Motion: Trustee Biloski Second: Trustee Rennekamp Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, Salton Nays: none Abstentions: none Motion Carried b. Proposed Local Law F of the year 2023 – Annual Sewer Rate Law: The Village sets the sewer rates through the passage of a local law. The 2024 proposed rate will be $4.64/1000 gallons consumed for inside users and $6.96/1000 gallons for outside users. -Mayor Woodard opens the Public Hearing at 7:25 p.m. -Mayor Woodard closes the Public Hearing at 7:25 p.m. Resolution: 9504 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees adopts Proposed Local Law F of the year 2023 as Local Law 6 of the year 2023. A LOCAL LAW TO AMEND THE ANNUAL SEWER RATES, AS DEFINED IN ARTICLE XII, SEWER RENTS, OF THE VILLAGE OF CAYUGA HEIGHTS ARTICLES Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows: Section I. PURPOSE The purpose of this Local Law is to establish annual sewer rates of $4.64/1000 gallons consumed for inside users and a rate of $6.96/1000 gallons used for outside users, as defined in articles XII, Sewer Rents, of the Village of Cayuga Heights Articles. Section II. AUTHORITY This Local Law is enacted pursuant to the grant of powers of local governments provided for in (i) Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provisions of the New York State Constitution or 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, (ii) General Municipal Law Article 14-F, (iii) General Municipal Law Sections 451 and 452, and (iv) Village Law Article 14. Section III. ESTABLISHMENT OF SEWER RATES As of January 1, 2024, annual sewer rates shall be established at a rate of $4.64/1000 gallons used for treatment of wastewater originating from properties located within the Village and a rate of $6.96/1000 gallons used for treatment of wastewater originating from properties located outside of the Village. 7 Section IV. SUPERSEDING EFFECT All Local Laws, 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. Section V. VALIDITY The invalidity of any provision of this Local Law shall not affect the validity of any other provision of this Local Law that can be given effect without such invalid provision. 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 Hubbell Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, Salton Nays: none Abstentions: none Motion Carried c. Property Maintenance Task Force Committee Formation: The proposed local law that Village Attorney R. Marcus has drafted takes property maintenance out of the Village Zoning Law and establishes property maintenance as a stand-alone local law. •Mayor Woodard states that she would like to form a task force to address the property maintenance definitions and changes in the current Village Zoning Law and incorporate those changes into the new proposed local law. •Mayor Woodard states that she along with Trustee Salton, Trustee Hubbell, Village Forester Cowett, and Village Historian Szekely have agreed to join this task force. She is also hopeful a couple of Village residents would like to join the group. •Mayor Woodard states that she would like Board approval to form this committee. • Village Attorney R. Marcus states that the City of Ithaca has a Property Maintenance Law that is easy to read and the Village Taskforce should at least look through the law to see how the City of Ithaca approaches it. Resolution: 9505 8 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Mayor Woodard's request to form a Village Property Maintenance Task Force Committee to be comprised of herself, Trustee Salton, Trustee Hubbell, Village Forester Cowett, and Village Historian Szekely. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Bilsoki, Hubbell, Marshall, Rennekamp, Robinson, Salton Nays: none Abstentions: none Motion Carried d. 317 E. Upland 911 Address Resolution: The property owners have requested an official 911 street address to be granted by the Board of Trustees. Resolution: 9506 WHEREAS, the Tompkins County Department of Emergency Response (DoER) oversees emergency dispatch and communications systems that allow residents to dial 911, and; WHEREAS, 911 is the number to report a police, fire, or medical emergency that requires the immediate presence of police officers, firefighters, or emergency medical personnel, and; WHEREAS, new address designations are approved by a municipality’s governing body. NOW, THEREFORE, BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves 317 E. Upland Road as the designated address in the Village of Cayuga Heights. Motion: Trustee Salton Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, Salton Nays: none Abstentions: none Motion Carried 7. Report of the Trustees: a. Performance Review Procedures: • Trustee Biloski states that she has sent out all the procedures to the Village Department Heads and Village Committee Chairs. • Trustee Salton states that he has a clearer understanding of the process for this year. 9 b. Resolution Requesting Action on the Cargill Salt Mine. • Trustee Hubbell states that the Cayuga Lake Watershed Intermunicipal Organization (CWIO) has drafted a resolution (EXHIBIT 2024-099) stating they support a full environmental review under SEQRA to NYSDEC and Governor Hochul. • Clerk Walker states that his Environmental Management Committee discussed this resolution and supports what CWIO has drafted. The next step would be to submit this resolution to our County Legislature. • Trustee Salton questions if the Village or any organization has standing to comment on this subject. • Village Attorney R. Marcus states that he does not see a mechanism that would trigger a SEQRA or Environmental Impact Statement. • Village Attorney R. Marcus states that he could foresee the NYS Legislature having to get involved to establish certain safety criteria for salt mines. • Trustee Hubbell states that this resolution represents the concerns of those working to protect this watershed. • Trustee Salton states that he is very aware of the history of Cargill and this resolution makes similar references to the past request when Cargill installed a new ventilation system. Requests were made then for SEQRA and Environmental Impact Statements and received nothing. • Trustee Marshall states that to Randy's point, CWIO should find a legal route to force this request into action. • The Board agrees there is a serious problem with having a salt mine under Cayuga Lake and the amount of runoff the salt plant is producing. 8. Report of Superintendent of Public Works Cross: a. WWTP Phase 2: •B. Cross states that the WWTP Phase 2 is almost complete, and he will begin to work on the long-term debt amounts and what the Village can expect to be paying annually. •B. Cross states that the new trickling filter pumps are due to arrive in December followed by the trickling filter seals. b. Walking Safe Cayuga Heights Sidewalk Bids: •B. Cross states that there have been ten different contractors that have requested the project plans. We are scheduled to open bids on November 2, 2023. c. Cayuga Heights Road Sidewalk Project: •B. Cross states that Hunt and Associates are working on a free proposal and draft contract. B. Cross is hoping to 10 present that to the Board at the November Board Meeting. 9. Report of Police Chief Wright: Submitted Report (Exhibit 2024-100) • Chief Wright states that the department saw an increase in arrests mainly due to the increase of planned specific traffic details such as distracted driving. • Chief Wright states that as reported last month we are still waiting for the new patrol vehicle to be outfitted at Bush Electronics. • Trustee Marshall asks Chief Wright why it is taking so long. • Chief Wright states that they are backlogged with around one hundred fleet vehicles sitting on their lot waiting to get outfitted and we know that they have run into some staffing issues. 10. Report of Director of DPW Wiese: Submitted Report (Exhibit 2024-101) • Director Wiese states that he received a call on September 19th at 6:45 pm informing the Village of a water break on Pleasant Grove Road. Upon arrival, we discovered the leak to be on the Transmission main. A crew was called in to start repair work along with an NYSEG crew who helped stabilize a nearby telephone pole. A 16" repair clamp was used however the clamp did not solve the leak. A piece of new pipe had to be spliced in. The crew worked all night to repair the leak. • Director Wiese states that the DPW was notified in September that all streetlights between Texas Lane and Winthrop Drive were not working. Upon further investigation, it was found that the power disconnect feeding these streetlights had water within the breaker panel. The breaker was replaced only to find this was not the cause. There appears to be a short within the line which we scheduled to replace next spring however due to the safety issue we have moved this project to the top of our list. • Director Wiese states two small leaks were found. We discovered a water main break on Warwick Place. This leak was found to be a small crack on the main and was repaired. We also discovered a water main break on Cambridge Place. This leak was found to be a small crack on the main and was repaired. • Director Wiese states that the newly hired laborer for the DPW resigned on Tuesday. Luckily, he has another individual named Jacob Hall who is interested in the position. • Director Wiese states would like Board approval to hire Jacob Hall as the new DPW laborer with an effective date of October 30, 2023. Resolution: 9507 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes hiring Jacob Hall to fill the Laborer at the contracted rate to start on October 30, 2023 subject to a successful background check. Motion: Trustee Marshall Second: Trustee Biloski 11 Ayes: Mayor Woodard; Trustees: Bilsoki, Hubbell, Marshall, Rennekamp, Robinson, Salton Nays: none Abstentions: none Motion Carried • Director Wiese states that the DPW staff has spent some amount of time working on the Village House. New tenants will be moving in sometime this winter. 11. Report of Clerk Walker: Submitted Report (Exhibit 2024-102) • Clerk Walker states that he has incorporated the final list of property owners who have not paid their 2023 Village Property Taxes. • Clerk Walker states that he has included several before and after pictures of the Marcham Hall exterior painting. He decided to do all the work himself since it had been so difficult to find a contractor interested and one that was affordable. • Mayor Woodard remembers she wanted an update on the flow meters that have been installed. • Director Wiese states that they are collecting data, but he has not generated a report. • Mayor Woodard states that she received news that the Village of Lansing is building a 250-unit apartment complex. Mayor Woodard has already asked for a five-year projection for sewer units. This growth along with the Town of Lansing growth could stress the plant. • Mayor Woodard states that the “Gang of Six” will be holding a meeting at the end of this month. To gain more capacity for future development we need to solve the I & I issues. 12. Report of Attorney R. Marcus: • Village Attorney R. Marcus states he does not have anything additional to report. 13. Adjournment: Mayor Woodard adjourns the meeting at 8:38 p.m.