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HomeMy WebLinkAbout4.17.2024 Minutes1 VILLAGE OF CAYUGA HEIGHT April 17, 2024 Zoom ID # 4118425407 BOARD OF TRUSTEES 7:00 p.m. MONTHLY MEETING Present: Mayor Woodard; Trustees: Biloski, Conway, Hubbell, Rennekamp, Robinson, and Salton; Police Chief Wright; Treasurer Dolch; Attorney Marcus (arrives 7:58 p.m.); Superintendent of Public Works B. Cross; Director of Public Works M. Wiese; Clerk Walker. 1. Call to Order: Mayor Woodard calls the meeting to order at 7:02 p.m. 2a. Approval of the March 20, 2024 Meeting Minutes (Exhibit 2025-006) Resolution: 9632 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the March 20, 2024 Board Meeting Minutes as presented. Motion: Trustee Hubbell Second: Trustee Rennekamp Ayes: Mayor Woodard; Trustees: Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: Trustee Conway Motion Carried 2b. Approval of the April 9, 2024 Organizational Meeting Minutes (Exhibit 2025-007) Resolution: 9633 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the April 9, 2024, Organizational Meeting Minutes as presented. Motion: Trustee Salton Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Conway, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: Motion Carried 3. Report of Fire Superintendent Tamborelle: Submitted Report (Exhibit 2025-008) •Fire Superintendent Tamborelle was absent from tonight's meeting. •The Village Board of Trustees accepts Fire Superintendent Tamborelle’s submitted report. 2 4. Privilege of the Floor: No members of the public wished to speak. 5. Report of Treasurer Dolch: Submitted Report (Exhibit 2025-009) •Treasurer Dolch states that the March 2024 month-end bank-to-book reconciliation is complete and has been signed off by Deputy Treasurer Rennekamp. •Treasurer Dolch states that the only action item tonight is the approval for Abstract 11. Approval of Abstract 11: Resolution: 9634 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Abstract #11 for FYE2024 consisting of TA vouchers #78-85 in the amount of $15,391.84 and Consolidated Fund vouchers #773-841 in the amount of $253,813.30 and the Treasurer is instructed to make payments thereon. Motion: Trustee Rennekamp Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Conway, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 6. Report of Mayor Woodard a. AOC Budget Resolution: The City of Ithaca's Franchise Agreement with Charter Communications d/b/a Spectrum Networks in NY (“Charter”), requires that the three participating municipalities (the City of Ithaca, the Town of Ithaca, and the Village of Cayuga Heights) approve a budget for equipment and facilities every year by June 30th while the Agreement is in effect. This Budget is funded with the PEG Fees that are charged to Subscribers in the Participating Municipalities ($0.15 / subscriber/month). Charter collects these fees and keeps them to make AOC-approved purchases. The AOC drafts a budget for these purchases, upon recommendations by the Charter, and submits it to the respective municipalities for review and approval. Municipal approvals are entered into the AOC's minutes and submitted to Charter by the AOC. •The Resolution proposes a $11,000.00 contingency to purchase equipment as needed for the functioning of PEG operations. This will probably go towards replacing small items: we do not expect major purchases this year. •Village resident Wies Van Leuken who is the Village of Cayuga Heights appointed representative states that the Board is required to review the Annual budget and approve the contingency purchase of equipment. •W. Van Leuken states that this year the AOC will be refurbishing the one-person mini studio. •Trustee Salton states that he appreciates all of W. Van Leuken efforts for the Village and the AOC. 3 Resolution: 9635 WHEREAS, Section 15.12 of the Franchise Agreement of January 2003 between the City of Ithaca and the franchisee Time Warner Entertainment-Advance/Newhouse Partnership (TWC) (“Franchise Agreement”), subsequently assigned to Charter Communications, Inc. d/b/a Spectrum Networks (Charter) after Charter's 2016 acquisition of TWC, requires the participating municipalities (City of Ithaca, Town of Ithaca, Village of Cayuga Heights) to provide the franchisee with an annual written budget for Public, Educational and Governmental access operations (PEG) by June 30 of each calendar year; and WHEREAS, Section 15.12 of the Franchise Agreement requires that Charter directs PEG Access Staff to provide the Access Oversight Committee (AOC) with budget recommendations for the following year by April 30; and WHEREAS, the City of Ithaca's Ordinance #2003-17, Par 18-4-G, requires the Access Oversight Committee (AOC) to provide the Participating Municipalities with a recommended budget for the following year by May 31; and WHEREAS, the Franchise Agreement authorizes Charter to collect $0.15 per subscriber per month to be used for the purchase of PEG equipment and facilities; and WHEREAS, the AOC has reviewed PEG’s current equipment and facilities and anticipates that new or replacement equipment and facilities will likely be needed; now therefore be it RESOLVED, that the AOC recommends a $11,000 contingency to purchase equipment as needed for the functioning of PEG operations, pending receipt and AOC approval of line-item estimates, and be it further RESOLVED, that the AOC forwards its recommendations for approval by the Common Council of the City of Ithaca, the Town of Ithaca Board, and the Village of Cayuga Heights Board of Trustees, so that they may meet their obligation to provide Charter Communications with an annual written budget for Public, Educational and Governmental access operations no later than June 30, 2024. FURTHER BE IT RESOLVED That the Village of Cayuga Heights Board of Trustees approves the AOC 2025 Budget for Public, Educational, and Governmental access operations as written. Motion: Trustee Salton Second: Trustee Rennekamp Ayes: Mayor Woodard; Trustees: Conway, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried b. Arbor Day Proclamation: In 2023, Cayuga Heights achieved Tree City certification by the Arbor Day Foundation for the 11th consecutive year. Tree City certification recognizes a municipality’s commitment to maintain and increase its trees and woodlands and the many benefits that trees provide. One of the criteria for 4 certification is an annual Arbor Day celebration. Last year the Village celebrated Arbor Day with a tree planting event at Cayuga Heights Elementary School. This year’s celebration will take place on Monday, April 22nd at 2:30 pm at Kendal at Ithaca. Two small hackberry trees (Celtis occidentalis) will be planted in the rear of Kendal as part of the Abrams Walk reforestation initiative and Kendal’s observance of Earth Day. The tree planting will also promote Kendal’s certification in the Arbor Day Foundation’s new Tree Campus Healthcare program. Resolution: 9636 WHEREAS, Arbor Day was created in 1872 in Nebraska as a special day for planting and celebrating trees and is now celebrated throughout the United States; and WHEREAS, trees provide important benefits in urban communities such as cooler temperatures, increased property values, cleaner air and water, and habitat for wildlife; and WHEREAS, the Village of Cayuga Heights has been certified as a Tree City USA by the Arbor Day Foundation in recognition of its commitment to protecting its trees and woodlands; now THEREFORE, I, Linda Woodard, Mayor of the Village of Cayuga Heights, on behalf of Village residents and the Board of Trustees, do hereby proclaim Friday, April 26, 2024, as Arbor Day in the Village of Cayuga Heights and urge all residents to protect and improve our environment and create a greener, healthier community by planting and caring for trees. Motion: Trustee Robinson Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Biloski, Conway, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 7. Report of The Trustees: Public Works and WWTP Committee Updates a. Public Works •Trustee Robinson states that the Public Works Committee met on April 5th, 2024. •Trustee Robinson states that the Walking Safe Cayuga Heights sidewalk project is underway. •Trustee Robinson states that the Cayuga Heights Road sidewalk project is proceeding, and the next step is a public outreach campaign, but construction will not start until 2026. •Trustee Robinson states that talks with NYSEG continue as the Village is trying to eliminate the double utility poles within the Village. •Trustee Robinson states that we are still waiting for the engineering report from T.G. Miller for the Village water 5 infrastructure project. •Trustee Robinson states that the Village is still waiting for the announcement from the County on the parks and trails grant of $5000. •Mayor Woodard states that if we do receive this money, we will be revitalizing the sidewalk in Sunset park. •Trustee Robinson states that we are still waiting for Bridge New York to announce if we were selected to receive funding for the Renwick Brook Culvert Project. •Trustee Robinson states that we are starting up the exploration of lead in the Village water lines and should complete the invention by the end of this spring. •Trustee Robinson states that we will be paving Highland Road, and West Remington Road from North Sunset down. b. WWTP •Trustee Robinson states that the Phase 2 WWTP construction project is nearing completion. •Trustee Robinson states that Phanse 2.1 has begun which is replacing the trickling filter pumps followed by the trickling arm filter. •Trustee Robinson states that we are still working on finding I & I and with the recent rains we had to open the Kline Rd. bypass. In February we exceeded the 2 million gallons per day average. •Trustee Salton asks if we would be in the same situation now if we kept the bypass open the whole time. •Trustee Robinson states that we send very little to the IAWWTF through the Kline Road bypass, but in situations like this we want to make sure the plant does not go over the daily average for the month, so we preemptively opened the By-pass. •B. Cross states that with all the recent rain there wasn’t a choice but to open the bypass. •Trustee Robinson states that Director of Public Works M. Wiese continues to work with the I Trackers, T.G. Miller, and Lectre with the manhole meters. •Director of Public Works M. Wiese states that valuable data has been collected and we continue to move the meters up the system. We have been finding some breaks in the system but not anything big yet. c. Finance Committee •Trustee Rennekamp states that the Village Finance Committee met on April 9th, 2024. •Trustee Rennekamp states that the water and sewer fund was discussed, and the committee is confident with the fund balance projections and that we do not need to have another rate increase at the beginning of the new fiscal year. 6 c. Public Hearing for Proposed Local Law B of the year 2024 – Property Maintenance Law •Mayor Woodard states that she would like to thank the members of the task force. 7 •Village historian Bea Szekely shared a brief history of property maintenance in the Village. •Mayor Woodard opens the Public Hearing at 7:33 p.m. Village resident and Property Maintenance Taskforce member R. Parker states that she supports the vegetation language that this proposed local law addresses. R. Parker states that she would like to see the term “regional” when it comes to plants defined better and provide a specific list of native plants to the region of New York State as a tool for property owners to use. _____________________________________________________________________________________ Village resident R. Bors reads the following: R. Bors states that he would like clarification on the definition of an unregistered motor vehicle, does that mean one is allowed? and does that include boat registrations? Village resident Peter McIntyre states that his property has frontage on two different roads and his concern 8 is the front yard regulations and how this will affect a property with two front yards. Village resident Peter McIntyre states that several properties in the Village fall into this category. Most backyards are not as well kept and could have noxious weeds with no ability to control them, how will this local law affect us in this situation? Mayor Woodard states that we recognize that corner lots and lots that border two streets and are willing to work with residents in this situation. Trustee Salton states that any lot similar to yours that has a slope is considered exempt from the provisions in this proposed legislation. B. Cross states that there will always be an opportunity to meet with the code enforcement officer to appeal any concerns. Village resident J. Kreitinger states that he has the same concerns as resident P. McIntyre. He is concerned that the legislation is a little loose, and at the same time not too harsh on residents. J. Kreitinger states that he wants to see the task force encourage diversity both for human use of the real estate and for the benefit of the wildlife as well. J. Kreitinger states that an unforeseen consequence related to this issue of two front yards is that having to be managed is the maintenance cost which could force people to give up wildlife habitat and subdivide which would result in a new structure and loss of wildlife. Village resident L. Laben states that most of her comments were covered by the previous speakers. This is a great topic to talk about but an unwise topic to try and produce detailed legislation. When you read the legislation it seems to favor the manicured landscaping over the naturally produced areas of nature. Village resident L. Laben states that this draft as it is right now is quite imprecise and vague, which means subjective enforcement would be left to whatever individual is responsible for doing so. This legislation should stick to objective topics that are enforceable and not branch out into seeming aspirational maintenance issues. Village resident K. Barth states that the vagueness of this law made me think that B. Cross’s time might be better served in other ways versus measuring grass lengths. He would like to see the number of days before a fine is levied to be 10 business days not just 10 days. We all want to do the right things and be good neighbors. Village resident K. Anderson states that this proposed local law mentions it recognizes the community's shared vision of property maintenance. That seems to be an overstatement and is making some broad assumptions, and she would like to see the evidence showing this. Village resident K. Anderson states that she is also concerned about the language of removing dead trees in the front yard which seems contradictory to protecting and preserving the natural environment areas which birds, reptiles, and mammals inhabit. 9 Village resident K. Anderson states that the Village should be leading and promoting sustainable solutions not limiting them because of aesthetic complaints. Mayor Woodard states that she needs to correct the comments on dead trees in the yard. That ordinance in the Village Zoning law has to do with trees and the dangers of dead trees that might fall on someone walking. Village resident H. Beasley states that she shares the same concerns as others have mentioned tonight. She appreciates the diversity of landscapes, both manicured and wild, that we have in the Village. Village resident H. Beasley states that she appreciates the intent was not to reduce diversity and hopes that the final legislation is concise. K. Anderson states that she would like to see some clarity when it comes to where a meadow is or is not allowed. She also felt that the section on gravel driveways was a little confusing. Trustee Salton states that this task force had a lot of healthy debates over how to make proposed local law B work for all. Mayor Woodard states that this whole discussion started last summer when several residents just decided to stop mowing their front lawns. Attempts were made to bring those residents into compliance. Several of those residents responded that they were creating a pollinator garden or meadow for wildlife. Mayor Woodard states that this new legislation is designed to accommodate the whole spectrum of lawn choices but also make it easier for us to enforce. The Village is not in business to write tickets, but we all need to appreciate how neighbors might be affected. B. Cross states that he can do a better job at enforcing a law if that law spells out every possible situation. B. Szekely states that the task force spent numerous hours researching laws of diversity, including a workshop about natural landscaping and meadows offered by Cornell University Botanical Gardens. P. McIntyre states that he would like to see the purpose and intent section re-drafted to shed a brighter light on the intent of this law. Trustee Salton states that this current draft is not what was discussed as written, and his understanding of the purpose and intent section was changed without him knowing. Mayor Woodard states that she informed Village Attorney R. Marcus to incorporate some of that but not all. R. Parker states that the task force recognizes that noxious weeds are part of our landscape. It is not our intent is not to say you have to get rid of all those species but if you intend to create a "natural" area it should not be filled with noxious species. Mayor Woodard states that it is clear that the Public Hearing will need to remain open until the May Board of Trustees Meeting. She also states that the task force will meet once again and have another public meeting to take into consideration the comments from tonight as well. 10 Trustee Hubbell states that he appreciates the conversation taking place this evening. Two things that we can come away with from tonight. 1. We should strive to make it less ambitious if possible and 2. The whole spirit of aesthetic pluralism that we brought up embodies what we are all about. We do not want a monocultural environment here. •Village Attorney R. Marcus states that when considering proposed local law B of 2024 Property Maintenance, the Village is obligated under GML 239 to obtain approval from the County Planning Department. •Village Attorney R. Marcus states that when a municipality amends or changes anything related to the Zoning law, in this case, we are removing a section from the zoning law and does trigger GML 239 action. •Village Attorney R. Marcus suggests that B. Cross submit to Tompkins County Planning the current draft of this local law and inform them the only component of it that triggers GML 239 is the deletion of this section of the zoning law. 8. Report of Superintendent of Public Works Cross: •B. Cross states that he is still working on a potential rooftop solar panel system for the Village WWTP. We have received a proposal from a local solar company that he will bring to the Board next month. •B. Cross states that Hunt Engineers will be setting up a public outreach meeting for the Cayuga Heights Road sidewalk project on May 8th, 2024 at 7:00 p.m. 9. Report of Police Chief Wright: Submitted Report (Exhibit 2025-013) •Chief Wright states that it was a busy month even though we did not have as many arrests or even complaints that were criminal. •Chief Wright states that the department just finished their fourth year of providing youth internships through the TST Boces Criminal Justice Program, Certainly, a great opportunity for us to connect with students in our area and give them an idea of what we do at all levels of police work. •Chief Wright states that the new patrol vehicle has arrived and is in service, which will allow us to declare surplus the 2018 Chevy Tahoe and send it to auction. Resolution: 9637 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves the sale of a 2018 Chevy Tahoe Vin # 1GNSKDEC2JR337867 through Teitsworth Auction Inc. Motion: Trustee Biloski Second: Trustee Conway Ayes: Mayor Woodard; Trustees: Biloski, Conway, Hubbell, Rennekamp, Robinson, and Salton Nays: none 11 Abstentions: none •Chief Wright states that he expects to get around $15,000 for the vehicle. Motion Carried •Chief Wright states that he has completed interviews for the two part-time officers’ positions and is recommending to the Board hiring Paul Daugherty and Charles Smiley. •Chief Wright states that Paul Daugherty has been in law enforcement for 17 years. He was a Deputy Chief for the University of Syracuse Hospital and currently working for the Cayuga Nation Police Department. Resolution: 9638 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes hiring Paul Daugherty to fill the first vacancy of part-time Village of Cayuga Heights Patrol Officer at the current part- time PBA Contract rate subject to a successful background check. Motion: Trustee Salton Second: Trustee Biloski Ayes: Mayor Woodard; Trustees: Biloski, Conway, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried •Chief Wright states that Charles Smiley has been in law enforcement for 4 years. He has completed several training courses and certifications. This is something our department looks for in an officer. Resolution: 9639 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes hiring Charles Smiley to fill the second vacancy of part-time Village of Cayuga Heights Patrol Officer at the current part- time PBA Contract rate subject to a successful background check. Motion: Trustee Robinson Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Biloski, Conway, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried •Chief Wright states that the timing of this works out to be the best since we have been down at least one part-time 12 officer and now working into the time of year when full-time officers will be taking vacations. 10. Report of Director of Public Works Wiese: Submitted Report (Exhibit 2025-014) •Director Wiese states that the crew was busy this month installing a new manhole and sewer main on Highland Road. •Director Wiese states that the crew has also been working on finding I & I in some of the off-road areas in the Village. •Director Wiese states that his department has a couple of items that will go to auction as well. One is a sewer line camera, and the other two items are gas generators. Resolution: 9640 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves the sale of a DPW sewer camera and two gas generators through Teitsworth Auction Inc. Motion: Trustee Biloski Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, Conway, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 11. Report of Clerk Walker: Submitted Report (Exhibit 2025-015) •Clerk Walker states that the Cayuga Heights Elementary School PTA is holding their annual 5k Fun Run and is asking the Village Board to consider waiving the Parade and Special Event Permit Fee. •Clerk Walker states that the Board has granted this relief in the past. Resolution: 9641 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves waiving the $25 permit fee for the Cayuga Heights Elementary School 5 K Fun Run permit fee for the May 5, 2024 event. Motion: Trustee Conway Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Biloski, Conway, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: none 13 Motion Carried •Clerk Walker states that he also has received the bank documentation for us to open up new checking accounts for the Village Court. As required existing accounts have to be closed and the Board needs to support the opening of new accounts. Resolution: 9642 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Tompkins Trust Community Bank to open new checking accounts as Village Court Accounts for Justice Bergin and Court Clerk Grant. Motion: Trustee Robinson Second: Trustee Salton Ayes: Mayor Woodard; Trustees: Biloski, Conway, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 12. Report of Attorney R. Marcus: Attorney R. Marcus requests an Executive Session at 9:06 p.m. 13. Executive Session: Resolution: 9643 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 under 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 is conducted for subsection (D) discussions regarding proposed, pending, or current litigation; Motion: Trustee Robinson Second: Trustee Salton Ayes: Mayor Woodard; Trustees: Biloski, Conway, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: none 14 Motion Carried •The Board of Trustees exits Executive Session at 9:22 p.m. and returns to an open meeting. Resolution: 9644 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees return to an open meeting. Motion: Trustee Biloski Second: Trustee Rennekamp Ayes: Mayor Woodard; Trustees: Biloski, Conway, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 14. Adjournment: Mayor Woodard adjourns the meeting at 9:22 p.m.