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HomeMy WebLinkAboutAgenda 2-9-2015.pdf Exhibit No. 1. Approval of Meeting Minutes: January 12, 2015 2015-079 Resolution #7558 2. Approval of Meeting Minutes: January 28, 2015 2015-080 Resolution #7559 3. Report of Fire Superintendent Tamborelle 2015-081 Submitted Report* 4. Report of Asst. Superintendent of Public Works Frisbie 2015-082 Submitted Report* 5. Privilege of the Floor – 30 minutes - SIGN-UP at 6:45 p.m. unrevised Website – Privilege of the Floor Guidelines 6. Report of Mayor 7. Report of the Trustees 8. Report of Police Chief Steinmetz Submitted reports * 2015-083 a,b,c 9. Report of Superintendent of Public Works Cross 2015-084 10. Report of Clerk & Treasurer 2015-085 a,b Submitted report* Attachment A Monthly Report of the Treasurer 11. Report of Attorney 12. Executive Session (as necessary) 13. Adjournment * All Exhibits and Reports are located on http://www.Cayuga-Heights.ny.us/Minutes/Agenda Packet unless otherwise noted Village of Cayuga Heights Board of Trustees Regular Meeting Marcham Hall February 9, 2015 7:00 p.m. AGENDA EXHIBIT 2015-079 Minutes VILLAGE OF CAYUGA HEIGHTS Monday, January 12, 2015 Marcham Hall BOARD OF TRUSTEES MEETING 7:00 p.m. Present: Mayor Supron; Trustees: Friend, Hamilton, Robinson, Salton, and Woodard; Fire Superintendent Tamborelle; Asst. Superintendent of Public Works Frisbie; Chief of Police Steinmetz; Superintendent of Public Works Cross; Clerk & Treasurer Mangione; Attorney Marcus. Absent: Trustee Crooker Call to Order: Mayor Supron called the meeting to order at 7:03 p.m. 1. Approval of Meeting Minutes: December 8, 2014 Resolution # 7549 BE IT RESOLVED THAT: Minutes of the December 8, 2014 Village of Cayuga Heights Board of Trustees Meeting are approved as written in Exhibit FYE2015-068. Motion: Trustee Robinson Second: Trustee Salton Discussion: Draft minutes had been modified prior to the meeting. Corrected minutes are presented in Exhibit 2015-068. Ayes: Trustees Friend, Hamilton, Robinson, Salton, and Woodard Nays: none Abstentions: none Motion carried 2. Report of Fire Superintendent Tamborelle (Exhibit FYE2015-069) 2014 was a busy year, response calls were up over the previous year. A turbine fire at Milliken Station took 3 – 4 hours of firefighter time. A possible plane incident at the airport required a response as well. The annual Installation Dinner will be held April 11, 2015 at the usual venue; invitations will be forthcoming. 3. Report of Asst. Superintendent of Public Works Frisbie (Exhibit FYE2015-070) Leaf season was completed in December. All possible outside projects have been completed. Long awaited plaster work in Marcham Hall was done by DPW staff; it is hoped that roof repairs which took place a few weeks ago will prevent future plaster damage. 4. Privilege of the Floor Brian Eden, the Village’s appointed member of the Tompkins County Environmental Management Council (EMC), is a board member of Solar Tompkins. This past year more than 400 families entered into contracts for solar installations. Next year Solar Tompkins is kicking off a two-year program unlike the current one. It will focus on energy retrofits which include air sealing and added insulation combined with air and ground-source heat pumps. It is anticipated that there will be fewer installations due to less consumer understanding of this type of heating. The program will be rolled out by mid-summer. Promoting various on -site energy sources leads to lower municipal infrastructure costs as demand is met by alternate renewable resources. Mr. Eden is one of five members of the County Ethics Advisory Board. The Village has produced in five pages what they wrote in eleven pages. An audit by the state approximately three years ago, advised some changes to the County’s Code. The changes were made and adopted in July 2013. He believes that the Village’s proposed Code of Ethics meets all the criteria set forth by the state; it avoids some complexities. He concluded by encouraging the Board of Trustees to sign on to the group of municipalities opposing expansion of the Crestwood LPG gas storage facility. The EMC and Tompkins County each passed resolutions to support the group of municipalities opposing the expansion. It is believed by these groups that tourism and agribusiness are negatively affected by the Crestwood facility. Superintendent of Public Works Cross added that five or six solar systems were permitted in the Village. One of the systems was ground mounted; it was treated as other structures would be vis à vis setbacks. Dooley Kiefer, the Village’s elected Tompkins County Legislator commended the Village for signing on to the Freedom from Domestic Violence resolution passed by the County Legislature. Regarding the Code of Ethics, Ms. Kiefer believes the Disclosure Statement should not be confidential. She suggested a revision to Section 3 that would provide an exception for elected officials whose purpose is to represent the interests of their constituents. Mark Mecenas asked for an update on the likely date for a draft document from the Zoning Review Committee. Both Mayor Supron and Superintendent of Public Works Cross estimate that two month’s additional work (roughly four meetings) will be necessary to prepare the draft to present to the Board. Attorney Marcus will review the document as well as assist the Board through the SEQR process. Mr. Mecenas voiced his opinion that the process was not serving those stakeholders with an interest in developing the Community Corners area. 5. Report of the Mayor a. Lighting Proposal presented by Village Historian, Beatrice Szekely: Along with Village Preservationists, Historian Szekely has been partnering with several groups in the area. Historic Ithaca on the house tour happening on June 15th; the County’s geographic information system technicians assisting with the interactive mapping for the walking tour on hand-held devices; and Municipal Historians of Tompkins County to mention a few. A $750.00 grant was received from the Tompkins County Office of Tourism to partially fund the Speakers Series. Restoration of the lighting fixtures is an affirmation of the Village’s heritage. By happy coincidence the Village’s Centennial coincides with Cornell University’s Sesquicentennial this year. Cayuga Heights is considered to be the quintessential college residential community. Dorothy Cornell, granddaughter of Ezra, built the house which was renamed Marcham Hall after a long-time village mayor. “Miss Dorothy”, as Historian Szekely likes to refer to her had these lighting fixtures in her studio which currently functions as the court and board room. It’s possible that the rewired fixtures will cast enough light to solve the long-time problematic lighting situation. Helen Binkerd Young, wife of George Young, Jr. first Dean of Architecture at Cornell, may have been the architect. As a woman, she could not sign her plans. The Board discussed the expenditure at length. During the discussion the following positions were exchanged. Marcham Hall is no longer a residence and as the seat of government the building should not be turned into a museum. A lighting solution is necessary for the court room; lighting experts have indicated that these old fixtures could provide sufficient illumination. Recent modifications to Marcham Hall have been done with respect to the architectural integrity of the structure. It is important to be careful with public funds; it is also reasonable to use public funds to enhance public buildings. Resolution # 7550 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees authorizes an expenditure not to exceed $2,000 for cleaning, polishing, rewiring and reassembling two light fixtures, as well as hanging them in their original locations suspended from the ceiling of the courtroom in Marcham Hall, the Village of Cayuga Heights municipal building at 836 Hanshaw Road, in time for the June 2015 Cayuga Heights Centennial Celebration as detailed in Exhibit 2015-071. Motion: Trustee Friend Second: Trustee Woodard Discussion: none Ayes: Trustees Friend, Hamilton, Robinson, and Woodard Nays: Salton Abstentions: none Motion carried b. Declaration of Appreciation: Resolution # 7551 WHEREAS, the Village of Cayuga Heights is celebrating its centennial year; and WHEREAS, the Village Historian and Village Preservationists have arranged a Centennial Speaker Series as part of celebrations commemorating the centennial year; and WHEREAS, a Tompkins County Community Celebrations grant has been awarded to the Village to support this event; and WHEREAS, a postcard has been prepared announcing the event to the residents of Cayuga Heights; and WHEREAS, Terry Marcus has applied her skills as a graphic artist to this effort. NOW, THEREFORE, BE IT RESOLVED THAT: The Board of Trustees of the Village of Cayuga Heights expresses their appreciation to Terry Marcus for the application of her fine skills to the betterment of the Centennial Celebration. Motion: Mayor Supron Second: Trustee Salton Discussion: none Ayes: Trustees Friend, Hamilton, Robinson, Salton, and Woodard Nays: none Abstentions: none Motion carried c. Declaration of Freedom from Domestic Violence as a Human Right: Resolution # 7552 NOW, THEREFORE, BE IT RESOLVED THAT: The Board of the Trustees of the Village of Cayuga Heights hereby formally states its abhorrence of domestic violence and its support for Resolution #2014-214 adopted by the Tompkins County Legislature “Declaring Freedom from Domestic Violence as a Human Right.” We join with other governmental and non- governmental organizations in Tompkins County, New York State, and the United States of America to prevent all forms of domestic violence, to assure that it is recognized when it occurs, to respond to it quickly and decisively, and to treat both victims and perpetrators so that wounds are healed, families are made whole, and violence ends. Motion: Mayor Salton Second: Trustee Friend Discussion: none Ayes: Trustees Friend, Hamilton, Robinson, Salton, and Woodard Nays: none Abstentions: none Motion carried The Report of the Mayor’s agenda items are to be addresses in a different order than on the published agenda. d. Code of Ethics Policy: The Village’s Code of Ethics has undergone review by the Board of Trustees, Department Heads, Attorney Johnston and Mayor Supron. It was confirmed that under the Code it is acceptable for any municipal officer, official or employee to use the exercise room located in the Village owned fire station. The opinion of County Legislator Dooley Kiefer put forth during Privilege of the Floor, that the Disclosure Statement should not be confidential was discussed. Although some of the information on the form is publicly available, additional asset holdings are not. Attorney Marcus and Attorney Johnston hold the position that simply by virtue of being a public official should not require one to make this type of public disclosure. If these documents were to be the subject of a FOIL request, it can be asserted that release of this information is an unwarranted invasion of privacy. To keep the annual disclosure from becoming unduly burdensome, multiple lines for signature if none of the information has changed will be added to the Disclosure Statement. Another point raised by Legislator Kiefer is the question of representation of a constituent’s interest. The resultant conversation concluded that clarification to Section 3 is warranted and was made. Resolution # 7553 NOW, THEREFORE, BE IT RESOLVED THAT: The Board of the Trustees of the Village of Cayuga Heights adopts the Code of Ethics Policy as written in Exhibit 2015-075 with such changes as agreed during the meeting held on January 12, 2015. Village of Cayuga Heights Code of Ethics The purpose of this Code of Ethics is to require officials of the Village of Cayuga Heights (the “Village”), whether elected, appointed or employed, whether full time or part time, to avoid any action which will result in, or give the appearance of, unethical conduct. Section 1 – Declaration of Policy Pursuant to New York General Municipal Law §806, the Board of Trustees of the Village of Cayuga Heights recognizes rules of ethical conduct for public officials, officers and employees must be observed to maintain a high degree of ethical conduct and public confidence in our local unit of government. Public officers, officials and employees must be independent, impartial and responsible to the people. They must ensure that government decisions and policy are made in the proper channels of the governmental structure, that public office is not used for personal gain, observe in their official acts the highest ethical standards and discharge faithfully the duties of their office regardless of personal consideration. It is the purpose of this code, approved by resolution by the Board of Trustees, to provide rules of ethical conduct for the officers, officials and employees of the Village of Cayuga Heights. In the event of any conflict between the provisions of this code and New York General Municipal Law, the latter shall control. Section 2 – Definitions A. “Municipal Officer, Official or Employee” means an officer, official or employee of the Village of Cayuga Heights whether paid or unpaid, including members of any administrative board, commission, committee or other agency thereof. No person shall be deemed to be a municipal officer, official or employee solely by reason of being a volunteer fireman or civil defense volunteer, except a chief engineer or assistant chief engineer. B. “Interest” means a pecuniary or material benefit accruing to a municipal officer or employee unless the context otherwise requires. C. “Conflict of Interest” means no official, officer or employee of the Village shall have any interest, financial or otherwise, direct or indirect, or engage in any business or transaction or professional activity or incur any obligation of any nature, that is in conflict with, might reasonably tend to conflict with, might be perceived to present a conflict of interest with the proper discharge of his duties for the Village. Section 3 – Representation of Private Interests No official, officer or employee of the Village shall represent private interests before any department, board, office or agency of the Village nor represent private interests in any action or proceeding against the interests of the Village or in any litigation to which the Village is a party, if such representation results in a benefit to the official, officer or employee. Section 4 – Disclosure of Interest A. Any official, officer or employee of the Village, whether paid or unpaid, who has a direct or indirect financial or other private interest in any matter being considered by the Village of Cayuga Heights’ Board of Trustees, or by any other official or agency, officer or employee of the Village, and who participates in discussions before or gives opinions to the Board, agency or individuals, shall publicly disclose on the official record the nature and extent of such interest. B. Any official, officer or employees of the Village, whether paid or unpaid, who has knowledge of any matter being considered by any board, agency, officer or employee of the Village in which he/she has any direct or indirect financial or other private interest, shall be required to disclose, in writing his/her interest to such board, agency, officer or employee and the nature and extent thereof. C. A copy of every disclosure required under subsection A and B above, including a copy of any transcript of such disclosure, shall be promptly provided to the Village Clerk who shall maintain and file the disclosure as a public record. Section 5 – Interests in Conflict with Official Duties A. Any official, officer or employee of the Village shall abstain from making personal investments in enterprises which he/she has reason to believe may be directly affected in decisions to be made by him/her or which will otherwise create conflict between his/her public duty and his/her private interest. Further he/she shall refrain from discussion of any questions in which he/she or a member of his/her immediate family has an interest. B. An elected official shall not vote on any proposal or action where that official has expressed an interest in property which will be affected by the adoption of the proposal or action, unless the official provides proof to the Village Clerk that he/she has notified the owner or agent of property of the termination of that interest. C. Public officials and employees, whether full time or part time, must avoid any action, which will result in or create the appearance of using public office for private gain, and/or the giving of preferential treatment to any person. D. Public officials, whether full time or part time, must avoid any action which will adversely affect the confidence of the public in the integrity of its municipal government or the public officials involved. Section 6 – Standards of Conduct Every officer, official or employee of the Village of Cayuga Heights shall be subject to and abide by the following standards of conduct: A. Gifts – He/she shall not directly or indirectly solicit any gift, or accept or receive any gift, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him/her in the performance of his/her official duties or was intended as a reward for any official action on his/her part. This restriction does not apply to gifts valued at $25 or less in any one calendar year or the informal voluntary practice of Village residents providing Village employees with a holiday gratuity. B. Confidential information – He/she shall not disclose confidential information acquired by him/her in the course of his/her official duties or use such information to further his/her personal interest. C. Outside employment i. He/she shall not engage in, solicit, negotiate for or promise to accept private employment or render services for private interests when such employment or service creates a conflict of interest with or impairs the proper discharge of his/her official duties. ii. The Mayor and members of the Board of Trustees may not be considered for employment with the Village of Cayuga Heights while holding such positions and for a one-year period after leaving such office, whether by expiration of term, resignation or otherwise. iii. He/she shall not, after the termination of service or employment with the Village of Cayuga Heights, appear before any board or agency of the Village of Cayuga Heights in relation to any case, proceeding or application in which he/she personally participated during the period of his/her service or employment or which was actively under his consideration for a period of two years. D. Use of village employees or public property i. Village employees and property may not be used for private interest. This shall not preclude any official, officer or employee from voluntarily performing service or work outside of the hours during which he/she is assigned to perform duties for the village. ii. No official, officer or employee of the village shall request or permit the use of village owned vehicles, equipment, materials, or property for personal convenience or profit, except where such services are available to the village public or are provided as village policy for the use of such officer or employee. E. Purchasing - The Village will not purchase labor, services, goods or materials from any current Village Board member, officer or employee, or from any member of such person’s immediate family, or from any entity that is owned, in whole or in part, or managed or controlled by, any such person or any member of such person’s immediate family, except in the case that a majority of the members of the Board of Trustees vote in favor of doing so, with full disclosure of the relationships, in advance of engaging in the transaction. The Village Purchasing Policy be revised to read “All transactions shall be in accordance with the Village’s Code of Ethics as may be amended from time to time.” Section 7 - Distribution The Mayor of the Village of Cayuga Heights shall cause a copy of this code of ethics to be distributed to every official, officer and employee of the Village within five (5) days after the effective date of this resolution. Each official, officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his/her office or employment. Each official, officer and employee shall upon receipt of a copy of this code indicate his/her understanding and agreement with the provisions of this code by affixing their signature to a form indicating the same. This form will be kept by the Clerk. Additionally, each official, officer and employee shall complete and submit to the Clerk, a confidential Disclosure Statement annually within thirty (30) days of the beginning of the Village Official Year. Section 8 – Penalties In addition to any penalty contained in any other provision of law, any person who shall knowingly and intentionally violate any of the provisions of this code may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law. Section 9 – Exception Nothing herein shall be deemed to bar or prevent the timely filing by a present or former municipal official, officer or employee of any claim, account, demand or suit against the Village of Cayuga Heights, or any agency thereof on behalf of him/herself or any member of his/her family arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law. Section 11 – Effective Date This resolution shall take effect January 12, 2015. Motion: Trustee Woodard Second: Trustee Salton Discussion: none Ayes: Trustees Friend, Hamilton, Robinson, Salton, and Woodard Nays: none Abstentions: none Motion carried In order to lessen Attorney Johnston’s time in attendance; the remainder of the Report of the Mayor is postponed until after an Executive Session. 6. Executive Session Resolution # 7554 BE IT RESOLVED THAT: An Executive Session of the Village of Cayuga Heights Board of Trustees is deemed appropriate by virtue of §105 of the NYS Open Meeting Law subsection (f) the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation. Motion: Trustee Salton Second: Trustee Robinson Discussion: none Ayes: Trustees Friend, Hamilton, Robinson, Salton, and Woodard Nays and Abstentions: none Motion carried Resolution # 7555 BE IT RESOLVED THAT: An Executive Session of the Village of Cayuga Heights Board of Trustees is ended and returned to Open Session. Motion: Trustee Hamilton Second: Trustee Robinson Discussion: none Ayes: Trustees Friend, Hamilton, Robinson, Salton, and Woodard Nays and Abstentions: none Motion carried The Report of the Mayor is resumed at 9:05 p.m. e. GTCMHIC Municipal Cooperative Agreement Renewal (Exhibit 2015-074): On the fifth anniversary of the effective date and on each subsequent fifth anniversary the Municipal Cooperative Agreement (MCA) of the Greater Tompkins County Municipal Health Insurance Consortium provides for renewal. Trustee Salton who represents the Village on the GTCMHIC Board of Directors and Finance Committee will review the MCA and advise the Village Board of Trustees at the regular meeting on February 9, 2015. f. Schuyler County LPG Storage Facility (Exhibit 2015-075): The Board discussed whether or not to join thirteen local municipalities that have stated their opposition to gas storage near Seneca Lake by passing resolutions. Joining the coalition that is seeking party status at the DEC Issues Conference in February 2015 gives the municipalities a voice. Whether or not this situation qualifies as a home rule issue was deliberated. The Board believes that there are multiple reasons that groups oppose the expansion of the current storage facility. The general conclusion was not to pursue the question because not enough information is available and the issue is not germane to the Village of Cayuga Heights. 7. Report of the Trustees The trustees had nothing additional at this point in the meeting. 8. Report of Police Chief Steinmetz (Exhibit FYE2015-077a,b,c) A felony indictment has been filed in Tompkins County Court and the defendant has entered a not guilty plea in the murder which took place at Thanksgiving in the Village. Multiple agencies coordinated evidence collection; CHPD has now taken the lead in the case. Chief Steinmetz updated the Board on a recent incident in the county that did not involve the Village in response to a question by a trustee. A man had barricaded himself in his house, shot his long gun at a police officer and subsequently was found to have committed suicide. Part-time officer Hillary Forney has completed field training and is on the road on her own. She is technically on probation until May 2015, a year after hire. Distribution of updated police policies and procedures is going well. A few of the part-time officers have not received the data storage device containing the Handbook simply due to coordination challenges. Security concerns surrounding protections necessitated by the Village’s Violence in the Workplace program and vandalism at the DPW facility prompted quote requests for a camera system. A quality audio/visual system needs a higher bandwidth than is currently available through the dial-up connect from the DPW barn to Marcham Hall and the police department. One option is for a system that will work with the current internet connectivity and be upgradeable. Optimally, the camera feeds would be viewable from Marcham/Police Department. 9. Report of Superintendent of Public Works Cross NYS DEC Audit of the Village’s Stormwater Management Plan: The NYS DEC audit resulted in a list of concerns; some concerns are addressed by revisions in the Village’s Stormwater Management Plan (SMP). Local Law #2 of 2007 for Stormwater Management, Erosion, and Sediment Control and Local Law #1 of 2008 Elimination of Illicit Discharge and Detection contain six (6) topic areas for which provisions are required. The SMP describes how the municipality functions to satisfy these laws. No public notice or hearing is necessary to make changes to the SMP. The Stormwater Coalition of Tompkins County Plan, dated December 8, 2014 was drawn from to formulate changes to the Village’s SMP. Superintendent Cross acknowledges for the public record that the modified SMP is available to the public and will be posted to the Village website. The SMP requires annual review. A cover letter will be prepared. The audit response is required by the end of January 2015. New Building Code Laws Effective as of January 1, 2015: NYS has passed the Truss Law that includes single-family home construction or renovation using any engineered wood product that has the potential to fail during a fire event. The code enforcement officer must inform the fire superintendent via certified mail in those instances when these products are used. The property owner and contractor must indicate their knowledge of the product’s use during the building permit process. A sticker indicating that a structure contains an engineered wood truss must be affixed to the building’s exterior; it is suggested that the sticker could be provided with the building permit and the cost of obtaining the sticker added to the permit fee. E-waste must no longer be discarded as part of regular landfill waste. A public awareness campaign to educate residents that all e-waste needs to be held and placed curbside on bulky trash collection days will take place. The DPW will then segregate and deliver it appropriately. Notification was received that modification of the Village’s SPEDES permit has been approved. Installation of more permanent pipe insulation in the server room has been completed. An unintended but welcome side-effect of unwrapped basement heating pipes has been dryness throughout the building’s lower level. An issue related to a trellis and roof overhang on Kline Road was discussed and will be addressed by Superintendent Cross. 10. Report of Clerk & Treasurer Mangione (Exhibits FYE2015-078a,b) Resolution # 7556 BE IT RESOLVED THAT: Abstract #8 for FYE2015 consisting of Trust and Agency vouchers 58 - 70 in the amount of $16,524.01 and Consolidated Fund vouchers 517 - 585 in the amount of $148,932.47 is approved and the Treasurer is instructed to make payments thereon. Motion: Trustee Hamilton Second: Trustee Salton Discussion: none Ayes: Trustees Friend, Hamilton, Robinson, Salton, and Woodard Nays and Abstentions: none Motion carried 11. Report of Attorney Marcus No report. 12. Adjournment: Meeting of the Village of Cayuga Heights Board of Trustees was adjourned by Mayor Supron at 10:20 p.m. EXHIBIT 2015-080 Minutes VILLAGE OF CAYUGA HEIGHTS Wednesday, January 28, 2015 Marcham Hall BOARD OF TRUSTEES SPECIAL MEETING 9:00 a.m. Present: Mayor Supron; Trustees: Friend, Robinson, Salton, and Woodard; Chief of Police Steinmetz; Clerk & Treasurer Mangione; Attorney Marcus. Absent: Trustees Hamilton and Crooker. Call to Order: Mayor Supron called the meeting to order at 9:00 a.m. A Special Meeting of the Board of Trustees of the Village of Cayuga Heights was called to authorize a proposed contract. Negotiations with all parties have been finalized. The NYS DEC has mailed the amended permit form. Resolution # 7557 WHEREAS: A. the Village of Cayuga Heights (the “Village”) adopted a deer management program (the “DMP”) as described in the State Environmental Quality Review Act (“SEQRA”) Environmental Impact Statement (“EIS”) for the DMP that had been completed by the Village; and B. in the Village’s Articles, Article I (the “Local Law”) provides for the discharge of firearms, rifles and bows “in furtherance of, in connection with or to achieve the goals of the Village’s deer management program”; and C. the Local Law further provides, “Such actions may be taken by any agent or contractor of the Village … in accordance with: (i) a currently valid contract …; and (ii) a currently valid New York State Department of Environmental Conservation permit for such actions …”; and D. the Village has received a proposed contract from White Buffalo, Inc. (“WB”); and E. the Village has received from New York State Department of Environmental Conservation (the “DEC”) an amended Permit to Take or Harass Nuisance or Destructive Wildlife issued January 13, 2015 (the “DEC Permit”); NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF CAYUGA HEIGHTS AS FOLLOWS: 1. The Village shall proceed to implement the DMP in accordance with the Local Law, the requirements of a contract with WB, the terms of the DEC Permit and all applicable New York State laws and regulations; and 2. The Board hereby authorizes the Mayor, the Deputy Mayor or the acting Mayor, as the case may be, to execute the proposed contract with WB on behalf of the Village, in substantially the form presented to the Board, subject to the final approval as to form and content by the Mayor, the Deputy Mayor or acting Mayor, as the case may be, the Village Clerk/Treasurer, and the Attorney for the Village, and to take such further action as may be necessary, desirable or appropriate to give full force and effect to these resolutions; and 3. The Board hereby authorizes and requests that the Mayor, the Deputy Mayor or the acting Mayor, as the case may be, the Village Clerk/Treasurer, the Village Police Chief and the Attorney for the Village take such steps as may be necessary, desirable or appropriate to effectuate the intent of the foregoing resolutions; and 4. Any and all actions heretofore or hereafter taken by the Mayor, the Deputy Mayor or the acting Mayor, as the case may be, the Village Clerk/Treasurer, the Village Police Chief and the Attorney for the Village within the terms and in conformity with the intent and purpose of the foregoing resolutions hereby are in all respects ratified, confirmed and approved as the proper and authorized acts and deeds of the Village. Motion: Trustee Woodard Second: Trustee Salton Discussion: Attorney Marcus stated for the record that this action conforms to NY’s SEQRA Type II 617.5 9 (c)(20) "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment" definition and thereby does not require further SEQR review. Ayes: Friend, Robinson, Salton, and Woodard Nays or Abstentions: none Motion carried Adjournment: Meeting business was concluded and a motion to adjourn made. Motion: Trustee Salton Second: Trustee Friend Ayes: Friend, Robinson, Salton, and Woodard Nays or Abstentions: none Motion carried The Special Meeting of the Village of Cayuga Heights Board of Trustees was adjourned by Mayor Supron at 9:05 a.m. EXHIBIT 2015-081 Honorable Kate Supron Board of Trustees Village of Cayuga Heights Monthly Report January 2015 In the first month of the New Year we ran 46 calls. There were 20 calls in the Village of Cayuga Heights, 23 calls in the Town of Ithaca and 3 mutual aid requests. We had 21 EMS runs and 25 fire calls. On January 11th, a brutally cold night, we were requested to AES Cayuga in Lansing for a turbine fire. We responded a full crew to the power generating plant to work with the Lansing Fire Department on fire suppression. We arrived to find that one of the turbines on a 3 story tall generating units was on fire. Because of the nature of the fire there was no water used on this fire. The attack on the fire was made with ABC fire extinguishers. The facility had industrial extinguishers that hold 40 pounds of dry chem that we used first then the rest of the time we used regular sized fire extinguishers. Lansing requested that we bring all of our extinguishers from our station and then contacted several other agencies to respond to the scene with all of their extinguishers. Working with Lansing we were able to bring the fire under control in about an hour. The Lansing Fire Chief contacted Fulton Enterprises and they came in and refilled our extinguishers that day and covered the cost of the refills. This was a first time at this kind of fire for many of our members. We continued training our new members and working through checklists for most of January. Most of the new members are very close to completing their checklists and are enrolled in the NYS Firefighter 1 class in the spring. At the end of the month, after all students were back in town, we had our annual OSHA refresher training. We have 54 members of the fire department at this time. On our annual training day we had 47 members at the station for the entire day of OSHA and CPR refresher. We had three members taking other classes that day, three members out of town and one probationary member not show up. Getting 47 people to voluntarily give up an entire Saturday to sit in a classroom going over OSHA refresher shows an amazing amount of dedication. Anybody not at the station for the training is immediately restricted by the department until the training is made up by sitting in front of a computer and going through the entire training and then taking a written test. The three members who were in a class on Saturday completed the training on Sunday morning. We had two bunker rooms come available in January. Lieutenant David Sorensen and Leah Stoner, both members of the department, got married in December. David was a bunker for several years and he and Leah are renting here in the village and are still active members. Lieutenant Rob Shepherd was hired as a paid firefighter by the Ithaca Fire Department and decided with the time he will have to spend while training with IFD he would not be able to dedicate the time to the CHFD so he moved out of the station. He took a short leave of absence but is looking to move back to the department after his probationary period with the city. We hope that he does well with IFD and hope even more that his plans to move back into the district pan out as he is an amazing firefighter and we don’t want to lose him permanently. The rooms were filled by Firefighter/EMT Irwin Tendler and Firefighter Devon Savoy. Both are very dedicated members and we are looking forward to having them as bunkers for several years to come. In 2013 the NYS Health Department Council of EMS Physicians sent a letter to all Advanced Life Support agencies mandating that, to maintain ALS status, our agency would have to carry EMS level narcotics. We have been carrying front line lifesaving medications for years but have not had to carry narcotics. This required us to develop a detailed SOP for the carrying of controlled substances and to purchase a medication vault to secure the narcotics in the rescue truck. The medication vault itself was over $1,000.00. After spending countless hours developing the policy and getting all the required signatures from the mayor, president at CMC, the agency medical director and the pharmacist at CMC we were all set to send the paperwork to the health department. I called the regional representative from the health department to let him know the paperwork was on the way and he informed me that the council had determined that they did not have the authority to mandate the carrying of narcotics without it being made a health department regulation and that this process was being shelved for 3 to 10 years while they worked through the regulatory process. We have decided to file the SOP that we developed and if the state eventually mandates that we carry narcotics we will be ready to immediately apply for the license and stock the medication. We hope that 2015 will prove as exciting and fulfilling as 2014 was. The members of this department will continue to strive to provide top quality fire and EMS protection to our district. Sincerely, George Tamborelle Fire Chief/Fire Superintendent EXHIBIT 2015-082 REPORT OF PUBLIC WORKS Monday, February 02, 2015 TO: BOARD OF TRUSTEES FROM: Jeffrey Frisbie; Asst. Superintendent of Public Works PERIOD: January 2015 Street System: The crew has been working the on-call rotation to keep the roads clear of snow and treated as necessary for safety. Storm Water System: We have been continuously cleaning catch basins and monitoring our creeks to keep them clear of debris. Water System: Five valves and one distribution line break were repaired. The department assisted in repair of the transmission line break on N. Triphammer Rd. Sewer System: We have plans to continue line flushing. We responded to a plugged line on Hanshaw Rd. Buildings and Grounds: Nothing to report Personnel: Matt Townsend is recovering following surgery. Safety: No additional training scheduled at this time. EXHIBIT 2015-083a February 3, 2015 To: The Honorable Mayor Supron Members of the Board of Trustees Village of Cayuga Heights Re: Report of the Police Department for January, 2015 In the month of January the police department received 333 calls for service. In addition to these calls, 90 uniform traffic tickets were issued and 8 parking violations were cited. A breakdown of the calls for service is as follows: 1 felony burglary complaint was received. The complainants reported that when they returned from an extended trip they found their front door open and a lap top computer missing. Upon officer arrival, the residents had located their lap top in another location which they had placed it for safe keeping. It was determined that the front door may have blown open due to strong winds. 4 Vehicle and Traffic stops led to the following misdemeanor charges: 3 charges of Driving While Intoxicated, 1 charge of Aggravated DWI, 2 charges of operating a MV with .08 of 1% alcohol in the blood, 2 charge of Aggravated Unlicensed Operation of a Vehicle 3rd and 1-Aggravated Unlicensed Operation of a Motor Vehicle 2nd and 1- Operating While Registration Suspended or Revoked. 1 Local Law violation of Dog Control was received. A resident reported that a dog in the neighborhood behaved aggressively during her daily walk. The dog ran toward the resident who was walking her own dog. The resident was concerned that the dog may not stay on its property in the future. The officer made contact with the suspect dog owner and advised them of the Village’s Dog Control Local Law. A copy of the written Law was also issued. There were 5 Motor vehicle accidents investigated including a fatal involving a pedestrian and a TCAT bus. Several adjoining agencies assisted at the scene and the investigation is ongoing. There were no motor vehicle accidents or other incidents involving deer reported. In summary, 7 persons were arrested and the following 10 charges were filed: 3- DWI, 1-Aggravated DWI, 2- Operating a Motor Vehicle with .08 of 1% Alcohol, 2-Aggravated Unlicensed Operation of a Motor Vehicle 3 rd, 1- Aggravated Unlicensed Operation of a Motor Vehicle 2nd, and 1- Operating While Registration Suspended or Revoked. Over the course of this month police department members took part in the following trainings and events: During the first and second weeks of January officers took part in Reality Based Training. The 12th through the 16th Clerk Jackie Carr attended the Laserfiche Empower 2015 Conference in Anaheim, California. The full time officers worked a total of 105 hours of overtime and the part time officers worked a total of 141 hours. Sincerely, Chief James Steinmetz EXHIBIT 2015-083b CAYUGA HEIGHTS POLICE DEPARTMENT January 2015 Total Traffic Citation Report, by Violation Violation Description Totals_ 7D LL#1-96 OVERNIGHT PARKING 8 Report Totals 8 EXHIBIT 2015-083c CAYUGA HEIGHTS POLICE DEPARTMENT Uniform Traffic Tickets 1/01/15 to 1/31/15 DATE OFFENSE LOCATION MPH/MPH ZONE 01/29/15 DISOBEY TRAF CONT DEVICE (SPEED 47/30 N TRIP RD 01/29/15 NO/INADEQUATE LIGHTS N. TRIP 01/29/15 UNREGISTERED MOTOR VEHICLE PLEASANT GROVE RD 01/29/15 OPERATING WITHOUT INSURANCE-NO PROOF IN V PLEASANT GROVE RD 01/29/15 DISOBEY TRAF CONT DEVICE (SPEED 45/ PLEASANT GROVE RD 01/29/15 SPEED IN ZONE HANSHAW RD 33 15 01/28/15 AGG DWI-BLOOD ALCOHOL CONTENT .18 ST RT 13 01/28/15 DRIV'G W/.08 OF 1% OR MORE OF ALC (MISD) ST RT 13 01/28/15 SPEED OVER 55 ZONE ST RT 13 72 55 01/28/15 DRIVING WHILE INTOXICATED (MISD) ST RT 13 01/25/15 UNINSPEC MOTOR VEHICLE HANSHAW ROAD 01/25/15 OPERATING WITHOUT INSURANCE PLEASANT GROVE RD. 01/25/15 DISOBEYS TRAF CONT DEVICE SPEED 45/ PLEASANT GROVE RD. 01/24/15 UNINSPEC MOTOR VEHICLE NORTH TRIP RD 01/24/15 UNINSPEC MOTOR VEHICLE CAYUGA HEIGHTS RD 01/24/15 UNINSPEC MOTOR VEHICLE PLEASANT GRV RD 01/24/15 UNINSPEC MOTOR VEHICLE HANSHAW RD 01/24/15 UNINSPEC MOTOR VEHICLE NORTH TRIP RD 01/24/15 UNINSPEC MOTOR VEHICLE TRIP RD 01/24/15 UNINSPEC MOTOR VEHICLE NORTH TRIP RD 01/24/15 UNINSPEC MOTOR VEHICLE WINTHROP DR 01/20/15 NO/INADEQUATE LIGHTS ST RT 13 01/19/15 OPERATING WITHOUT INSURANCE TRIP ROAD 01/19/15 OPER MV/MC/BIC W/MORE 1 EARPHONE PLEASANT GROVE RD 01/19/15 DISOBEY TRAF CONT DEVICE PLEASANT GROVE RD 01/19/15 INADEQUATE OR NO STOP LAMP OR LAMPS PLEASANT GROVE ROAD 01/19/15 DISOBEY TRAF CONT DEVICE TRIP ROAD 01/19/15 SPEED IN ZONE TRIP ROAD 50 30 01/18/15 SPEED IN ZONE TRIP RD 58 30 01/18/15 DISOBEY TRAF CONT DEVICE TRIP RD 01/17/15 NO/INADEQUATE LIGHTS HANHSAW ROAD 01/17/15 UNINSPEC MOTOR VEHICLE PLEASANT GROVE RD 01/17/15 NO DISTINCTIVE PLATE/INSECURE/DIRTY (DIRTY) NORTH TRIP RD 01/15/15 SPEED IN ZONE HANSHAW ROAD 32 15 01/15/15 OPERATING WITHOUT INSURANCE ST RT 13 01/15/15 OPERATING WHILE REGISTRATION SUSP/REVOKED ST RT 13 01/13/15 AGG UNLIC OPER-2ND/PREVIOUS CONVIC SCHOOL DRIVE OFF E.UPLAND 01/13/15 OPERATING WITHOUT INSURANCE TRIP ROAD 01/13/15 SPEED IN ZONE TRIP ROAD 46 30 01/13/15 UNINSPEC MOTOR VEHICLE CAYUGA HEIGHTS ROAD 01/13/15 UNINSPEC MOTOR VEHICLE PLEASANT GROVE ROAD 01/13/15 UNINSPEC MOTOR VEHICLE NORTH TRIP RD 01/13/15 DISOBEY TRAF CONT DEVICE (ONE WAY) SCHOOL DRIVE OFF E.UPLAND 01/12/15 SPEED OVER 55 ZONE ST RT 13 80 55 01/11/15 UNINSPEC MOTOR VEHICLE PLEASANT GROVE RD 01/10/15 UNINSPEC MOTOR VEHICLE HANSHAW RD 01/10/15 BACK SEAT PASS LESS THAN 4 NO/IMP RESTRAINT HANSHAW RD 01/10/15 UNINSPEC MOTOR VEHICLE HANSHAW RD 01/10/15 UNINSPEC MOTOR VEHICLE NORTH TRIP RD 01/10/15 UNINSPEC MOTOR VEHICLE HANSHAW RD 01/09/15 DRIVING WHILE INTOXICATED (MISD) PLEASANT GROVE RD 01/09/15 UNLICENSED OPERATOR ST RT 13 01/09/15 AGG UNLIC OP 3RD (MISD) ST RT 13 01/09/15 SPEED OVER 55 ZONE ST RT 13 73 55 01/09/15 IMPROPER OR UNSAFE TURN/WITHOUT SIGNAL PLEASANT GROVE RD 01/09/15 DISOBEY TRAF CONT DEVICE N. TRIP RD 01/09/15 OPERATING WITHOUT INSURANCE N. TRIP RD 01/09/15 SPEED IN ZONE PLEASANT GROVE RD 45 30 01/08/15 UNINSPEC MOTOR VEHICLE-AUG 2014 E UPLAND RD 01/08/15 UNINSPEC MOTOR VEHICLE THE PARKWAY 01/07/15 DISOBEY TRAF CONT DEVICE PLEASANT GROVE RD 01/07/15 OPERATING WITHOUT INSURANCE PLEASANT GROVE RD 01/06/15 FLD TO YLD RT-OF-WAY @ STOP SIGN TRIP RD 01/06/15 NO/INADEQUATE LIGHTS N. TRIP ROAD 01/04/15 UNINSPEC MOTOR VEHICLE-SEPT 2014 PLEASANT GROVE RD 01/04/15 UNINSPEC MOTOR VEHICLE HANSHAW RD 01/04/15 UNINSPEC MOTOR VEHICLE NORTH TRIP RD 01/04/15 UNREGISTERED MOTOR VEHICLE (EXP 12/17/14) NORTH TRIP RD 01/04/15 UNINSPEC MOTOR VEHICLE NORTH TRIP RD 01/04/15 UNINSPEC MOTOR VEHICLE-FEB 2014 PLEASANT GROVE RD 01/04/15 UNLICENSED OPERATOR-ITALY DRIVER W NO PRO PLEASANT GROVE RD 01/04/15 UNINSPEC MOTOR VEHICLE PLEASANT GROVE RD 01/04/15 AGG UNLIC OP 3RD (MISD) PLEASANT GROVE RD 01/04/15 OPERATING WITHOUT INSURANCE-NO PROOF IN V PLEASANT GROVE RD 01/03/15 UNINSPEC MOTOR VEHICLE TRIP RD 01/03/15 UNREGISTERED MOTOR VEHICLE (EXP 10/04/14) TRIP RD 01/01/15 UNINSPEC MOTOR VEHICLE HANSHAW ROAD 01/01/15 DRIVING WHILE INTOXICATED (MISD) ST RT 13 01/01/15 SPEED OVER 55 ZONE ST RT 13 72 55 01/01/15 UNINSPEC MOTOR VEHICLE HANSHAW RD 01/01/15 UNINSPEC MOTOR VEHICLE RT 13 N 01/01/15 DISOBEY TRAF CONT DEVICE PLEASANT GROVE RD 01/01/15 UNINSPEC MOTOR VEHICLE HANSHAW RD 01/01/15 UNINSPEC MOTOR VEHICLE N TRIP RD 01/01/15 UNINSPEC MOTOR VEHICLE N TRIP RD 01/01/15 UNINSPEC MOTOR VEHICLE N TRIP RD 01/01/15 OPERATING WITHOUT INSURANCE HANSHAW ROAD 01/01/15 UNINSPEC MOTOR VEHICLE PLEASANT GROVE ROAD 01/01/15 DRIV'G W/.08 OF 1% OR MORE OF ALC (MISD) ST RT 13 01/01/15 UNINSPEC MOTOR VEHICLE PLEASANT GROVE RD EXHIBIT 2015-084 REPORT OF THE SUPERINTENDENT OF PUBLIC WORKS 1. Dr. Them came to Village Hall to provide all Village employees a chance to get professional guidance on the risks of asbestos exposure. After reviewing the sample/test results in the Microbac report, his assessment was that there was likely a very low/minimal exposure. There was a discussion about whether chest exams would be helpful to either the employees or the village. Since there didn’t seem to be a strong feeling from the employees that they would want to have the chest exams, it seems to be an option for the Village. Discussion of this topic at the Public Works Committee was leaning towards not making it mandatory. 2. As requested by Trustee Salton, I spoke to HSC Associates about getting a price on insulating the heating pipes in the entire basement and/or crawl space. Marvin’s suggestion was that was not necessary, especially if we want/need to add heat to the space for moisture control. I asked him to give me an estimate (not a formal quote) to install insulation throughout the basement/crawl space. He estimated a range of $7,000- $10,000. Obviously, we could do this work at a later time if it was determined to be the best solution. In the meantime, we have blocked off the 2 vents from the crawl space to the exterior. As per building code, the vents were required when the space was not heated, but now that it is “conditioned” space, the vents are not required/needed. 3. We have had a few water main breaks and several failed water valves to replace in the last few weeks. I think the surrounding towns have had similar situations. We are going to work with Bolton Point to identify “hot spots” to work on improving next summer. 4. We are in need of replacing one of the DPW dump trucks. The current budget has approximately $75,000 remaining is various equipment accounts. We are trying to spec out a cab/chassis that can be ordered (through a piggy-back bid) that will meet the remaining available budget. Then when the truck is delivered after 6/1/15, the new dump box and plow can be ordered (through another piggy-back bid) from next year’s equipment budget. Jeff will have final numbers to present at the meeting with the anticipation of getting approval for a purchase order. 5. The transmission on the sidewalk plow has been slipping in high gear for awhile, but the guys have been able to run it is low gear. Unfortunately, it quit working this week. The DPW crew was able to pull it out and send it to a transmission repair shop. This has been done as an emergency purchase (may need Trustee designation), but should save the Village $10’s of thousand dollars. The replacement value of the entire machine is over $100,000. 6. The new construction at Kendal has started, so Jeff and I have set-up an inspection schedule in coordination with the contractor and the testing agency that was hired by the owner. Jeff and I will alternate visits, but the intention is to make 3 inspections per week plus coordination with the daily inspections to be done by the testing agency. 7. Based on the revised Stormwater Management Plan that was presented at the last Trustee meeting, I have prepared a line-by-line response to the NYSDEC to address all of the questions raised in the 2014 MS4 Audit. The written response was submitted prior to the 1/31/15 deadline. I have received acknowledgement of the submittal, but no official review yet. 8. The user license for the AUTOCAD software is being converted from an upgrade basis to a subscription basis. In the past, we used to buy an upgrade for about $1,500 every 3 years. Now they are making everyone purchase an annual subscription at a one time offer of about $2,500 (with annual renewal cost of about the same). Otherwise, if the license lapses, they will charge a new subscription fee of about $3,300. The last version we had to “upgrade” was from 2007 to 2011, but I am still working in the 2007 platform because it works best with the current computer operating system. After discussion with the PWC, we decided that I would just continue to use the current version/platform as long as it keeps working. 9. I received a quote of $4,500 from Williamson Law Book for a software program to track building permits. The City and Town of Ithaca, and the Town of Dryden, recently purchased systems from different vendors for a reported amount of $30,000-$50,000. There seems to be some logic to waiting for Tompkins County to see if they can organize a unified system to work with all of the towns. 10. The DPW guys were looking for some follow-up answers to address questions about various past practice activities. We discussed the results of the recent Trustee meeting and the information was passed on to the employees. 11. I will get quotes for a “commercial” surge protector to be installed on the electric service at Village Hall, for review at the next PWC meeting in March. Subsequent to the PWC meeting, I have received the following inquiries: 12. There is a Village owned sewer ROW across various private properties between Iroquois Road and Parkway Place. Apparently there was a sewage blockage in one of the manholes on this property where a tree had been allowed to grow overtop of the cover, preventing the access to the blockage. One of the property owners paid to have the tree removed so that their plumber to clear the blockage. The property owner has since requested assistance with the cost of the work. Randy has provided counsel that the Village would be responsible for the cost of maintaining the sewer pipe/system, but not necessarily the tree removal. He may have more details by the time of the meeting. 13. The property at 20 Overlook used to be a 3 family dwelling, but in 1993 it was converted to a 1 family dwelling at the request of the owners. Because there was no plumbing permit associated with the change in occupancy, Bolton Point was not aware of the change. Therefore, they have continued bill this property for 3 minimum monthly charges. The owner has requested a rebate. The Mayor has consulted with Bolton Point about how to address this issue. EXHIBIT 2015-085 a VILLAGE OF CAYUGA HEIGHTS CLERK & TREASURER’S REPORT February 9, 2015 1. Standard Workday and Reporting Resolution as shown in Appendix A. 2. Audits: Draft Audit Report received from NYS OSC. Interview with OSC set for February 12 to discuss findings. Village Board response due by February 28. 3. Budget: FYE2015 Current : Revisions as reviewed by Dept Heads and Finance Committee FYE2016 Preparation: Worksheets distributed to Department Heads 4. Banking Activity as of January 31, 2014 Beginning Balance Deposits Withdrawals Ending Balance Consolidated Checking $ 596,905.81 $400,772.50 $278,601.74 $ 719,076.57 Consolidated Savings $2,263,075.58 $ 226.91 $150,000.00 $2,113,302.49 Trust & Agency $ 8,092.93 $135,180.70 $138,838.69 $ 4,434.94 $2,868,074.32 $2,836,814.00 Reconciled Bank Balance: $2,833,484.51 5. Transfers: During the month of January 2015, $130,882.69 was transferred from Consolidated Fund checking to Trust & Agency for payroll, 75% of the retiree healthcare premium, and payroll processing fees. 6. Sales Tax Revenues: Q4 2014 $82,163.65 which represents a 15.26% increase from Q4 2013 receipts of $71,287.87. 7. Quarterly Water and Sewer Billing Water bills in the amount of $165,670.15 and Sewer bills of $46,435.78 totaling $212,105.93 have been issued. 8. Revenues, Expenditures, and Balance by Fund - January See attached accounting module report titled Monthly Report of Treasurer 9. Current Expenses: Unaudited Abstract #9 dated February 9, 2015: to be distributed; figures in the following Resolution are subject to change. 10. Approval of February Abstract: BE IT RESOLVED THAT: Abstract #9 for FYE2015 consisting of Trust and Agency vouchers 71 - 78 in the amount of $2,117.88 and Consolidated Fund vouchers 586 - 665 in the amount of $114,732.95 is approved and the Treasurer is instructed to make payments thereon. Respectfully submitted, Joan M. Mangione Village Clerk & Treasurer EXHIBIT 2015-085 b EXHIBIT 2015-08x ATTACHMENT A