HomeMy WebLinkAbout08-21-2017 Agenda1
Village of Cayuga Heights
Board of Trustees
Monthly Board Meeting
Marcham Hall
August 21, 2017, 7:00 p.m.
AGENDA
EXHIBIT/ PAGE
1. Approval of Meeting Minutes: April 17, 2017 2018-019/pgs. 2-6
2. Approval of Meeting Minutes: May 15, 2017 2018-037
3. Approval of Meeting Minutes: June 19, 2017 2018-038
4. Approval of Meeting Minutes: July 17, 2017
5. Approval of Meeting Minutes: August 4, 2017 2018-046/pgs. 7-8
6. Approval of Meeting Minutes: August 11, 2017
7. Report of Fire Superintendent Tamborelle - submitted report 2018-050a, b/pgs. 9-10
8. Public Hearing: Proposed Local Law 2017-B to Reestablish and Modify 2018-047/pgs. 11-15
the Method for Calculation of Sewer Rents
9. Privilege of the Floor – 30 minutes - SIGN-UP at 6:45 p.m. unrevised
Privilege of the Floor Guidelines VCH website
10. Report of the Mayor
a. Recognition of Patricia Longoria’s Service to the Village 2018-051/pg. 16
b. Resignation of Michael Pinnisi
c. Appointment of Michael Pinnisi
d. Appointment of Lucy Staley
e. Family Leave
f. Proposed Local Law 2017-B
g. SCLIWC Resolution to set Water Rate Billing Structure 2018-052/pg. 17-19
h. SCLIWC Resolution to set Water Rate Billing Rate Schedule 2018-053/pg. 19-21
i. Future Management of the WWTP
j. Zoning Ordinance:
11. Report of the Trustees
Safe Routes to School: Lakeview Cemetery Agreement – Trustee McMurry 2018-054/pgs. 22-23
12. Report of Police Chief Steinmetz - submitted reports 2018-055/pgs.24-26
13. Report of Assistant Superintendent of Public Works Wiese – submitted reports * 2018-056/pg. 27
14. Report of Superintendent of Public Works Cross
15. Report of Clerk & Treasurer - submitted report 2018-057/pg. 28
16. Report of the Attorney
17. Executive Session: as required
18. Adjournment
All Exhibits and Reports can be found at http://www.Cayuga-Heights.ny.us Agenda, unless otherwise noted
are located on http://www.Cayuga-Heights.ny.us/Package unless otherwise noted
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EXHIBIT 2018-019 page 1 of 5
Minutes VILLAGE OF CAYUGA HEIGHTS Monday, April 17, 2016
Marcham Hall BOARD OF TRUSTEES 7:00p.m
MONTHLY MEETING
Present: Mayor Woodard; Trustees: Friend, Marshall, McMurry, Robinson, and Salton; Superintendent of Public Works Cross;
Assistant Superintendent of Public Works Wiese; Police Chief Steinmetz; Clerk & Treasurer Mangione; Attorney Marcus.
Call to Order: Mayor Woodard calls the meeting to order at 7:01 p.m.
1. Public Hearing on Proposed Local Law to Override the Tax Levy Limit Established in
General Municipal Law §3-C
No members of the public are in attendance to speak and no comments have been received by the Clerk on this topic to
enter into the record.
Resolution #8022
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees closes the Public Hearing on Proposed Local
Law to Override the Tax Levy Limit Established in General Municipal Law §3-C
Motion: Trustee Marshall
Second: Trustee Friend
Ayes: Mayor Woodard, Friend, Marshall, McMurry, Robinson, and Salton
Nays and Abstentions: none
Motion carried
Mayor Woodard explains that overriding the tax levy limit is necessary because the total assessed value of the Village’s taxable
property increased 3.7% over last year. If the tax levy were to stay flat, the Village would exceed the tax levy limit established in
General Municipal Law §3-C. The Proposed Budget for Fiscal Year June 1, 2017 through May 31, 2018 includes a tax rate
increase of $0.03/$1000 of a property’s assessed value, which is a 0.05% increase. The increase in total assessment is primarily
due to the Kendal expansion.
Resolution #8023
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees passes Proposed Local Law to Override the Tax
Levy Limit Established in General Municipal Law §3-C.
Motion: Trustee Salton
Second: Trustee Robinson
Ayes: Mayor Woodard, Friend, Marshall, McMurry, Robinson, and Salton
Nays and Abstentions: none
Motion carried
2. Report of Fire Superintendent Tamborelle (Exhibit 2018-009)
During the reconstruction of the front pad at the Fire Station, the trucks are facing the rear door of the fire station bays.
3. Privilege of the Floor (PoF)
Mr. Stuart Phoenix explains his compromise proposal for relocation of a fence constructed in the Village right-of-way
(ROW). Agenda Exhibit 2018-011 is the document presented to Superintendent of Public Works Cross and addressed to the
Board of Trustees. Trustee Salton asks if a copy of the survey map is available. Mr. Phoenix says he does have a survey map
but did not include it in the proposal; he brings the Board’s attention to Figure 1 which is a highly modified version of the
survey map. No decision is made during PoF.
4. Report of the Mayor (Exhibits 2018-010 through 2018-014)
a. The Proposed Budget for Fiscal Year June 1, 2017 through May 31, 2018
Clerk & Treasurer Mangione informs the Mayor and the Board that Central Garage/Mechanics Personnel costs could be
justifiably distributed between the General, Water, and Sewer Funds in the same manner as Administrative costs. In the
new fiscal year, personnel expenditures for the Mayor, Clerk’s staff, and the Clerk & Treasurer will be directly
allocated between funds. Previously these expenditures have been accounted for through a flat transfer of $100,000
from Water and the same amount from Sewer to reimburse the General Fund. At the recommendation of the Office of
the State Comptroller, this direct expenditure distribution method is to be adopted.
The Clerk & Treasurer steps away from the meeting to prepare a document reflecting the Proposed Budget with Garage
Personnel account expenditures allocated as discussed. Deputy Clerk Walker sits in to record the Board’s actions.
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EXHIBIT 2018-019 page 2 of 5
b. Community Choice Aggregation
A sub-committee of TCCOG is studying Community Choice Aggregation. The Public Service Commission (PSC)
approved the practice of a municipality or group of municipalities selecting a preferred vendor for energy commodity
purchase. By agreeing that all residents will purchase from the selected vendor (an Opt-out option would be available) a
preferred contractual price can be obtained. It is assumed that the aggregated price will be a cost savings for villagers.
Additionally, the communities can opt to support alternative energy sources.
Resolution #8024
MUNICIPAL RESOLUTION SUPPORTING THE EXPLORATION
OF COMMUNITY CHOICE AGGREGATION
WHEREAS, the Village of Cayuga Heights is interested in promoting energy efficiency and local renewable energy generation,
and also in reducing energy costs for its residents; and,
WHEREAS, the NY State Public Service Commission, in April 2016, authorized the development of Community Choice
Aggregation programs, that allows participating local governments to work together through a shared purchasing agreement to
procure natural gas and/or electric energy supply on behalf of their residents and small businesses; and,
WHEREAS, Community Choice Aggregation (CCA) is a means to provide lower, more stable and predictable energy costs,
while also promoting energy efficiency, local renewable energy development and local job growth; and,
WHEREAS, residents and small businesses that are not interested in participating in CCA energy procurement are able to opt
out; and,
WHEREAS, the Tompkins County Council of Governments (TCCOG) works to identify shared services and procurement
opportunities to provide better service and lower costs to our residents; and,
WHEREAS, TCCOG has established a CCA Advisory Committee made up of elected/appointed officials plus community
members to explore CCA and advise interested municipalities on CCA administrative and procurement models, and to search for
and recommend a program administrator; and,
WHEREAS, participation in the TCCOG CCA Committee does not obligate the Village of Cayuga Heights to participating in
CCA, (which requires passage of a local law), but rather indicates the Village of Cayuga Heights’ interest in exploring the option
of CCA, therefore be it
RESOLVED, that Village of Cayuga Heights selects Trustee James Marshall to serve on the TCCOG CCA Advisory
Committee.
Motion: Trustee McMurry
Second: Trustee Marshall
Ayes: Mayor Woodard, Trustees Friend, Marshall, McMurry, Robinson, and Salton
Nays and Abstentions: none
Motion carried
c. Highland Road Fence Removal
The survey map for the property at 914 Highland Road is reviewed by the Board. The right-of-way is clearly marked.
Following additional discussion, the following is moved.
Resolution #8025
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees denies the compromise proposal presented by
Mr. and Mrs. Phoenix and concludes that the fence in the right-of-way at 914 Highland Road must be removed within sixty (60)
days.
Motion: Trustee Salton
Second: Trustee McMurry
Ayes: Mayor Woodard, Trustees Friend, Marshall, McMurry, Robinson, and Salton
Nays and Abstentions: none
Motion carried
Discussion returns to the Proposed Budget (item a.). The afore mentioned Central Garage revision to the General Fund
budget affects the Fund Balance favorably by reducing the amount to be drawn from Fund Balance to satisfy budgeted
expenditures.
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EXHIBIT 2018-019 page 3 of 5
Resolution #8026
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees establishes the tax rate of $6.49/1000 for Fiscal
Year Ending May 31, 2018 and approves the Proposed Budget as discussed.
Motion: Trustee Robinson
Second: Trustee Marshall
Ayes: Mayor Woodard, Trustees Friend, Marshall, Robinson, Salton, and Woodard
Nays and Abstentions: none
Motion carried
Members of the Board express interest in starting the upcoming fiscal year budgeting process earlier. It is
recommended that financial discussions take place at meetings specifically called for that purpose. Different report
formats and group meetings will be planned to prepare for subsequent budget preparation.
d. Verizon Underpayments of Gross Receipts Tax
Audits for more than 80 municipalities have uncovered widespread local Gross Receipts Tax underpayments by
Verizon. NYCOM USA performs a no-risk "Utility Savings Audit" to provide cities and villages with a utility billing
analysis that identifies, corrects and secures refunds for overcharges on electric, natural gas and telecommunications
bills, or underpayments of cable franchise fee and gross receipts tax (GRT) revenues.
Resolution #8027
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes NYCOM USA to perform a gross
receipts tax audit, specifically Verizon.
Motion: Trustee Robinson
Second: Trustee Marshall
Ayes: Mayor Woodard, Trustees Friend, Marshall, McMurry, Robinson, and Salton
Nays and Abstentions: none
Motion carried
e. The Waste Water Treatment Plant (WWTP)
Following a Department of Environmental Conservation (DEC) inspection report, the Village contracted GHD, an
engineering firm to perform a study to recommend steps ensuring that the WWTP would become DEC compliant. One
problem was the belt press used to remove most of the water from the solid waste in preparation for transportation and
disposal. A replacement belt press was acquired, installed, and is functioning well.
Additionally, capacity questions have been raised. Both the Village and Town of Lansing have requested additional
sewer units. A memorandum of understanding (MOU) between the Village of Cayuga Heights, the Village of Lansing,
and the Town of Lansing has been drawn up. The MOU was reviewed by Attorney Marcus; his revisions have been
forwarded to the Town of Lansing for their incorporation.
GHD provided graphs representing daily flow data provided by the WWTP operators. The Village’s SPDES Permit
allows a maximum sustained 30-day flow equivalent to 2.0 million gallons per day (MGD). The plant’s maximum flow
rarely reaches 2.0 MGD. The occasions that the permit maximum has been reached/exceeded can be attributed directly
to snow melt or heavy rain events. The WWTP can handle sewage flow but the inflow/infiltration (I and I) throughout
the wastewater system is a significant problem. To appropriately resolve the magnitude of a future plant expansion, the
quantity and ingress points of I and I must be identified and remediation steps taken where appropriate. The Department
of Public Works is already in the process of inspecting manhole covers for evidence of stormwater infiltration.
In December 2003, an Intermunicipal Sewer Agreement was entered into by the Village of Cayuga Heights, the Village
of Lansing, the Town of Lansing, the Town of Dryden, City of Ithaca, and Town of Ithaca. Its purpose is to help
coordinate and synchronize operations between the treatment facility run by the City of Ithaca and one owned by the
Village of Cayuga Heights. Engineers from these municipalities met recently and agreed to provide Superintendent
Cross with flow data collected from meters installed at the point their pipe enters the Village. It is one tool to identify I
and I. There is also the potential of an additional connection between the Village and the City at Remington Road.
Although they would have peak flows at the same time as the Village, the City seems to have more excess capacity.
f. Village Seal
The Board reviews examples of illustrations, one of which to be chosen as the municipal seal on documents. Further
alterations are proposed to simplify the design and to be reassessed at a future meeting.
g. Newsletter
The printed newsletter publication frequency is discussed and it is decided that it should be distributed once a year in
September.
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EXHIBIT 2018-019 page 4 of 5
5. Report of the Trustees
a. Trustee McMurry reports that there is nothing new as far as the General Code recodification is concerned. The Table of
Contents deliverable will be sent this week.
b. Climate Smart Community Pledge
Trustee Friend presents the Pledge which is the first step for the Village to be certified as a Climate Smart Community.
Resolution #8028
WHEREAS, the Village of Cayuga Heights (hereinafter "local government") believes that climate change poses a real and
increasing threat to our local and global environments and is primarily due to the burning of fossil fuels; and
WHEREAS, the effects of climate change will endanger our infrastructure, economy and livelihoods; harm our farms, orchards,
and ecological communities, including native fish and wildlife populations; spread invasive species and exotic diseases; reduce
drinking water supplies and recreational opportunities; and pose health threats to our citizens; and
WHEREAS, we believe that our response to climate change provides us with an unprecedented opportunity to save money, and
to build livable, energy-independent and secure communities, vibrant innovation economies, healthy and safe schools, and
resilient infrastructures; and
WHEREAS, we believe the scale of greenhouse gas (GHG) emissions reductions required for climate stabilization will require
sustained and substantial efforts; and
WHEREAS, we believe that even if emissions were dramatically reduced today, communities would still be required to adapt to
the effects of climate change for decades to come,
IT IS HEREBY RESOLVED that Village of Cayuga Heights, in order to reduce greenhouse gas emissions and adapt to a
changing climate, adopts the New York State Climate Smart Communities Pledge, which comprises the following ten elements:
1. Pledge to be a Climate Smart Community.
2. Set goals, inventory emissions, plan for climate action.
3. Decrease community energy use.
4. Increase community use of renewable energy.
5. Realize benefits of recycling and other climate-smart solid waste management practices.
6. Reduce greenhouse gas emissions through use of climate-smart land-use tools.
7. Enhance community resilience and prepare for the effects of climate change.
8. Support development of a green innovation economy.
9. Inform and inspire the public.
10. Commit to an evolving process of climate action.
Motion: Trustee Marshall
Second: Trustee McMurry
Ayes: Mayor Woodard, Trustees Friend, Marshall, McMurry, Robinson, and Salton
Nays: none
Abstentions: Salton
Motion carried
c. Zoning Ordinance Revisions
The Planning Board is scheduling one additional meeting to finalize their review of the updated Zoning Ordinance. The
Board of Trustees will begin its discussions of it at the June meeting.
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EXHIBIT 2018-019 page 5 of 5
6. Report of Police Chief Steinmetz (Exhibits 2018-015 a,b,c)
Chief Steinmetz responded to Trustee McMurry’s question regarding the assignment of an officer to a recent investigation.
He explained that several agencies had officers involved in the investigation; they were sworn in statewide.
In conjunction with Historic Ithaca, in celebration of Tompkins County’s Bi-Centennial, Bea Szekely, Village Historian,
will be presenting a “Walk and Talk” commencing at Sunset Park. Chief Steinmetz requests the following resolution on her
behalf.
Resolution #8029
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees waives the permit fee for the “Walk and Talk” at
Sunset Park to be presented by Village Historian, Bea Szekely on July 8, 2017.
Motion: Trustee Friend
Second: Trustee Salton
Discussion: none
Ayes: Mayor Woodard, Trustees Friend, Marshall, McMurry, Robinson, and Salton
Nays & Abstentions: none
Motion carried
There is no requirement for the “Stop DWI” contract to be approved by the Board for the Mayor’s signature.
7. Report of the Assistant Superintendent of Public Works (Exhibits 2018-016)
March was a quiet month with the exception of the snow storm that was handled efficiently and with good spirit by the
department.
Four crew members were sent for NYS Soil and Erosion training.
The “Report a Problem” web based system is up and running.
8. Report of the Superintendent of Public Works (Exhibits 2018-017)
The Macom contract has been signed by all parties. Superintendent Cross expresses his appreciation for the interest that the
Mayor and Trustees have shown in the operation of the Waste Water Treatment Plant. What started out with a marginal
inspection report has evolved into positive action for improvement of the facilities and its operation.
9. Report of the Treasurer (Exhibits 2018-018)
It is reported that Village sales tax distribution is based on census population numbers. This is the same criteria used to
allocate revenues collected in the County to other villages.
Resolution #8030
BE IT RESOLVED THAT: Abstract #011 for FYE2017 consisting of TA vouchers 94 – 102 in the amount of $16,645.39 and
Consolidated Fund vouchers 855 - 928 in the amount of $174,394.04 is approved and the Treasurer is instructed to make
payments thereon.
Motion: Trustee Salton
Second: Trustee Robinson
Discussion: none
Ayes: Mayor Woodard, Trustees Friend, Marshall, McMurry, Robinson, and Salton
Nays & Abstentions: none
Motion carried
10. Report of the Attorney
Attorney Marcus reports that the Cornell University annual report on deer population. The report will be added to the
website and Cornell recommends that monitoring be continued.
Mayor Woodard adjourns the meeting at 9:50 p.m.
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Minutes Exhibit 2018-46 Page 1 of 2 August 4, 2017
Marcham Hall VILLAGE OF CAYUGA HEIGHTS 9:30 a.m.
BOARD OF TRUSTEES
SPECIAL MEETING
Present: Mayor Woodard; Trustee: Biloski, Marshall, McMurry, Salton, and Robinson; Police Chief: Steinmetz;
Superintendent of Public Works Cross; Attorney Marcus; Deputy Clerk Walker.
Mayor Woodard opened the meeting at 9:33 a.m.
The Board reviewed the draft of Proposed Local Law B -2017 and considered scheduling a
public hearing
- The basis for calculation of sewer rents will be changed
- Water units do not equal sewer units for the Village of Lansing
- Existing Local Law (Local Law 8 of 2011) deleted the method for calculation of minimum
sewer rents
- Mayor Woodard explained the sewer rents and how water units are to be used to determine
sewer rents
- Other municipalities use different formulas for determining sewer rents, especially with
commercial properties
- Bolton Point is reluctant to produce reports on meter size
- Sewer bills are to be based on calculations of water consumption
- The Board wants to request that Bolton Point produce reports on meter size
- Randy will review the entirety of the Village’s current sewer rent law and add provisions to this
draft as necessary to make the law consistent with the new mechanism for determining sewer
rents.
- B. Cross will look into other municipalities and number of billing units
Resolution # 8058 To schedule a public hearing on Monday August 21, 2017 at 7:30 p.m. on Proposed
Local Law B of the year 2017, a Local Law to Re-establish and Modify the Method for Calculation of Sewer
Rents.
Motion: Trustee Salton
Second: Trustee Biloski
Ayes: Mayor Woodard, Trustees Robinson, Marshall, Biloski, Salton, and McMurry
Nays and Abstentions: none
Motion carried
The Board then considered Village of Cayuga Heights Police Department offering John
Arsenault a part time position.
- Chief Steinmetz asks for a correction to the proposed resolution to add, current PBA contract
- There are no conflicts of interest with hiring John Arsenault who is employed by Bush
Electronics; he will sign a disclosure statement.
Resolution # 8059
BE IT RESOLVED THAT: Officer John Arsenault is to be offered the position of part-time officer for the
Village of Cayuga Heights and that his hourly rate will be based on the current PBA contract, contingent upon an
acceptable background investigation.
Motion: Trustee P. Salton
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Second: Trustee M. McMurry
Ayes: Mayor Woodard, Trustees Robinson, Marshall, Biloski, Salton, and McMurry
Nays and Abstentions: none
Motion carried
-The Board may need to schedule a meeting to re-evaluate Proposed Local Law B, no later than August 11, 2017.
Adjourn
Mayor Woodard adjourned the meeting at 10:27 a.m.
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EXHIBIT 2018-050a
August 18, 2017
Honorable Linda Woodard
Board of Trustees
Village of Cayuga Heights
Monthly Report July 2017
We had a very steady month in July with 55 total runs. We had 38 calls in the Village of Cayuga Heights, 11 calls
in the Town of Ithaca and 6 requests for mutual aid. There were 24 EMS calls and 31 fire runs. The spike in
calls in the village and the increase in fire runs was due to a couple of heavy storms that rolled over the village in
July. On July 14th, we ran 8 calls for water problems over a three hour time span and then on July 23 rd we had
seven runs during and after another storm came through. The majority of these calls were for flooded basements.
The fire department has 10 gas and electric powered pumps capable of moving large volumes of water. When
we receive a call for a water problem we quickly assess if the homeowner has water in an area that we are able to
help with. Many times, we are called for a water problem and arrive to find a very small amount of water in the
area of complaint. We are generally able to assist if there are several inches or more of water, anything less and
our pumps are ineffective. When we do find enough was to pump out we are generally on scene for an extended
period of time giving us the opportunity to have long conversations with the residents.
July was a fairly slow month for training as many of our members had summer commitments. Lt. Devon Savoy
did a “Through the Lock” training on July 13 th. Lt. Savoy built a simulated door with several different style home
locks mounted on it and taught members how to defeat the lock without breaking the door down. We use these
techniques regularly when we find locked homes without Knox boxes. Homeowners are generally appreciative
when we break a lock and not an expensive door. We are gearing up for increased training in August and
September as our members return from summer breaks and vacations. We need to get our current members
back up to speed in preparation for the fall recruit classes.
In July, we had all of our SCBA bottles hydro tested. All of the cylinders are required to be tested at a minimum
of every 5 years. We are looking into a possible purchase from a fire department in the Corning area that is
replacing their SCBA inventory and selling their old packs at a greatly reduced price. Our plan is to purchase at
least 10 of these packs to use for training. Training is where our equipment gets beat up the most so we find it
very beneficial to have equipment dedicated for this use. Our current inventory of training packs is old
equipment from our department as well as packs we purchased from Lansing around 10 years ago. This
equipment has served us very well but is costing too much to keep in service. All of our fire hose was tested by
First Due Services last month. In one day, our entire complement of hose tested (6840 feet). For the first time
in memory all of our hose passed with no failures. I attribute this to an aggressive “cleaning after use program”
as well as an incremental replacement process we implemented several years ago. All of our hose and nozzles
are tested annually to NFPA specifications.
Movie night continues to be a great draw at the station. Everyone really enjoys the shows and our members
are out there every night talking up the benefits of the fire department. It really seems to have become a
regular event for a large number of people in the area.
We are looking forward to a return to our normal number of members as the school year starts up. Those
who have been in the area for the summer have done an amazing job of covering calls and keeping things
running smoothly.
Sincerely,
George Tamborelle
Fire Chief/Fire Superintendent
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EXHIBIT 2018-050b
825 Hanshaw Road Rental:
After two years of residence, the Sorensen’s have moved.
The Fire Council recommends leasing the house to Lieutenant Devon Savoy.
Resolution:
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EXHIBIT 2018-047
VILLAGE OF CAYUGA HEIGHTS
PROPOSED LOCAL LAW A OF THE YEAR 2017
A LOCAL LAW TO RE-ESTABLISH AND MODIFY THE
METHOD FOR CALCULATION OF SEWER RENTS
AND TO REPLACE LOCAL LAW #8 OF 2011
Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows:
SECTION I PURPOSE AND INTENT.
It is the intent of this Local Law to provide a mechanism for the calculation of sewer charges (hereinafter
referred to as “sewer rents”) for the use by various types of users of the sewer treatment system owned and
operated by the Village of Cayuga Heights (the “Village”).
It has come to the attention of the Village that when Local Law #8 of 2011 was enacted, and thereby
Article XII of the Village’s Articles was deleted in its entirety, Section 3 of said Article XII should not
have been deleted, because said Section 3 provided a mechanism for the calculation of the number of sewer
units that is attributable to the use by various types of user, which has been the basis for calculation of
sewer rents. Further, the Village has determined that the method for the calculation of sewer rents
provided in said deleted Section 3 of Article XII is not an appropriate measure of the use of the sewer
system and should be modified.
Additionally, the Village has determined that certain other terms of Local Law #8 of 2011 could be
improved to more clearly and completely describe the bases, procedure and mechanisms for calculation
and collection of sewer rents and related matters.
The Village finds and determines that the most equitable manner of collecting funds from users of the
Village’s sewer system is to charge for such usage on the basis of the consumption of water by such users
of the Village’s sewer system. Sewer rents are to be established and imposed for the use of the Village’s
sewage treatment and disposal facilities and the appurtenances thereto, including the pumping station, and
the extension, enlargement and replacement of, and addition to, such facilities, and the operation,
maintenance and repair of the Village’s entire sewer system, including the Village’s waste water treatment
plant and sewer collection system.
Consequently, the Village has determined that the entirety of Local Law #8 of 2011 should be replaced.
Therefore, the purpose of this Local Law is to replace Local Law #8 of 2011 to re-establish and modify the
method for calculating sewer rents for different types of users of the Village’s sewer treatment system and
to more clearly and completely state the bases, procedure and mechanisms for calculation and collection of
sewer rents and related matters, in order to produce revenue to be used as referenced herein.
SECTION II AUTHORITY.
This Local Law is enacted pursuant to the grant of powers to local governments provided in (i) 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,
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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 REPLACEMENT OF LOCAL LAW #8 OF 2011.
As of the effective date of this Local Law, the entirety of Local Law #8 of 2011, is hereby deleted and
replaced by the following terms and provisions:
SECTION 1. Establishment of Rents and Amounts.
The Village hereby establishes and imposes sewer rents for the use of the Village’s sewer system or any part or
parts thereof. The calculation of sewer rents to be paid by all users the Village’s sewer system shall be based
upon the consumption of water on the premises served by the Village’s sewer system. Pursuant to the
aforementioned laws, the Village Board shall from time to time by local law establish the rate at which such sewer
rents are calculated. Such local laws shall be adopted after a public hearing upon five days’ public notice.
SECTION 2. Calculation of the Sewer Rent for Various Types of Users of the Village’s Sewer System.
A. The charges for sewer rents shall equal the current rate charged by the Village for sewer usage
multiplied by the quantity of sewer usage calculated for different types of users of the Village’s sewer
system as follows:
1. Any property improved by not more than one single-family residential structure connected, or to be
connected, to the Village’s sewer system shall be charged for a quantity of sewer usage equal to the
quantity of water usage that is attributed to such property for billing purposes in accordance with the
formula employed by the Southern Cayuga Lake Inter-Municipal Water Commission (“SCLIWC”),
including the formula’s method for calculating the minimum base charge for water usage, but
excluding the component of such formula relating to meter size;
2. Any property improved by a two-family residential structure, an apartment building or buildings or
any other multiple residential dwelling, other than a fraternity house, sorority house or dormitory,
connected, or to be connected, to the Village’s sewer system shall be charged for a quantity of sewer
usage equal to the quantity of water usage that is attributed to such property for billing purposes in
accordance with the formula employed by the SCLIWC, including the formula’s method for
calculating the minimum base charge for water usage, but excluding the component of such formula
relating to meter size, except that such charges for sewer usage will be calculated for each dwelling
unit on such property, notwithstanding that SCLIWC’s formula for billing purposes treats residential
properties with two dwelling units as having one dwelling unit; and
3. Any other property, including but not limited to any property improved by a fraternity house, sorority
house, dormitory, or any commercial, business or industrial property, including but not limited to any
school, place of worship, office, gas station or store, shall be charged for a quantity of sewer usage
equal to the quantity of water usage that is attributed to such property for billing purposes in
accordance with the formula employed by SCLIWC, including the formula’s method for calculating
the minimum base charge for water usage, but excluding the component of such formula relating to
meter size, and excluding any portion of the property’s waste water that is not discharged into the
Village’s sewer system in accordance with a special permit for such property.
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SECTION 3. Cooperation by Owners and Occupants of Real Property and Other Users of the Village’s
Sewer System.
The Village Engineer may require each owner and/or occupant of real property within the Village connected to
the Village’s sewer system, as well as any other user of the Village’s sewer system, to furnish such information as
may be necessary and reasonable in order to carry out the provisions of this Local Law. Any duly authorized
officer, employee, contractor, or agent of the Village or other person duly authorized by the Village, including
employees and contractors of, and persons authorized by, the Southern Cayuga Lake Intermunicipal Water
Commission, shall have authority to enter upon any property connected to the Village’s sewer system, or any
property the waste from which is transported through the Village’s sewer system or treated at the Village’s waste
water treatment plant, at reasonable hours for the purpose of reading meters, inspecting, disconnecting or
repairing such meters or connections to the Village’s sewer system, or for any other purposes reasonably
necessary to carry out the provisions or purposes of this Local Law.
SECTION 4. Payment and Collection; Liens for Unpaid Sewer Rents.
A. All sewer rents and charges due in accordance with this Local Law shall be payable to the Village
quarterly and shall be delivered to the Village Clerk at the Village Offices at 836 Hanshaw Road,
Ithaca, New York 14850, except for such rents and charges which are due and payable to any other
entity to whom billing authority for sewer rents or other charges has been given or delegated by the
Village.
B. The Village Clerk or other person authorized by the Village Board shall keep a record of all properties
within the Village which are connected to the Village water system. The Village Clerk, or such other
authorized person, also shall keep a record of the connections to the Village’s sewer system that exist
to transport or treat waste water generated on properties outside of the Village. The Village shall
mail sewer bills to the owner of such properties within the Village, or to such other person to whom
a water bill for such properties is addressed, billed, or mailed by the Village or other entity performing
water billing services for the Village, at the address appearing on said water bill. For usage of the
Village’s sewer system to transport or treat waste water generated on properties outside of the Village,
the Village shall mail sewer bills to the municipality in which such properties are located. If a property
is connected to the Village’s sewer system but is not connected to the Village operated water system,
unless the property owner has directed the Village in writing to use a different address, the Village
shall mail the sewer rent bill to the address to which real estate tax bills for the property are sent. The
failure of any owner or other user to receive a bill shall not excuse nonpayment thereof, nor shall it
operate as a waiver of the penalty herein prescribed. Notwithstanding any other provision in this
Local Law, all sewer rents, surcharges or other fees or charges relating to sewer service shall be a
charge against the owner of the premises connected with the Village’s sewer system, and such owner
shall be liable for the payment of all such rents and charges, including penalties and interest.
C. In the event any sewer rent is not paid within thirty (30) days of the date of the bill, there shall be
added a penalty of ten percent (10%) for late payment.
D. If sewer rents or other charges payable hereunder are not paid within sixty (60) days from the date
on which they are due, the Village Clerk or other person designated by the Village Mayor may cause
a notice to be delivered or mailed to the owner, or to any other person designated by the owner,
addressed to the address to which bills are to be sent, and to the occupant of the premises, addressed
at the premises, stating the amount due and demanding payment thereof within a period of not less
than ten (10) days of the date of the notice and stating that if such payment is not made, the sewer
service shall be discontinued, without further notice, and, at the expiration of such period, the Village
Clerk, or any employee or officer of the Village designated by the Village Mayor, or the Village Board,
or any person referred to in Section 3 above, may enter on said premises and cause the sewer service
to be disconnected.
14
E. Sewer rents and any other charges payable hereunder shall constitute a lien on the real property
served by the sewer system. The priority of such lien, and the enforcement thereof, shall be in
accordance with Article 14-F of the General Municipal Law, which presently provides that the lien
shall be prior and superior to every other lien or claim except the lien of an existing tax, assessment
or other lawful charge enforced by or for the state or a political subdivision or district thereof.
F. The Village may bring an action (1) as upon contract, for sewer rents, surcharges thereto, and all
other charges incurred by the owner of property in connection with sewer service, which are in
arrears, together with interest and penalties thereon, or (2) to foreclose liens for such sewer rents and
surcharges. Also, in the alternative, the Village Board may cause any unpaid sewer rents, surcharges
or other charges to be levied and collected in the same manner and at the same time as the Village
or County tax in accordance with the provisions of Article 14-F (Subdivision 4 of § 452) of the
General Municipal Law, or any amendment thereof.
SECTION 5. Collection of Other Costs.
Any costs and expenses or other charges other than those hereinbefore described, incurred by the Village because
of any repair or other work to the Village’s sewer system or otherwise for which the owner of any property
served by or connected with the Village’s sewer system is obligated under this Local Law or any other local law,
ordinance, statute or provision of law, shall be collected in the manner provided for the collection of sewer rents
in this Local Law, and shall be a lien upon the property and enforceable in accordance with the provisions of
this Local Law, or any other applicable provision of law.
SECTION 6. Charges for Trucked or Hauled Waste.
The Village shall charge for treatment of trucked or hauled waste accepted for treatment and disposal at the
Village’s waste water treatment plant on the basis of the actual quantity of such waste, however, if such actual
quantity is less than 10,000 gallons, then there shall be imposed a minimum charge equal to sewer rents calculated
on the basis of 10,000 gallons of water consumption. Any such treatment of trucked or hauled waste must be
separately permitted by the Village Board and must comply with all rules and regulations of the Village and the
State of New York.
SECTION 7. Correction of errors.
If any owner of real property on which a sewer rent has been imposed deems himself or herself aggrieved
because such real property is not served by the sewer system or an error has been made in computing such
sewer rent, he or she may file an application for a refund of all or part of such sewer rent. Such application
shall be verified by the owner and shall set forth the amount of refund sought and the grounds therefor. Such
application shall be presented to the Village’s Board of Trustees, which may refund all or part of such sewer
rent. Any such application shall be filed within sixty (60) days of the time the applicant learns of the claimed
error, and in any event within four (4) months of the date of the bill claimed to be in error. The Village Board
may, for good cause shown, extend the time for the filing of such application if circumstances demonstrate
that the charges are patently unfair and that the applicant had a reasonable basis for not timely filing the
application for correction of the error.
SECTION 8. Sewer Rent Fund.
Any revenues derived by the Village from sewer rents, including penalties and interest, shall be deposited in a
special fund to be known as the "Sewer Rent Fund." Monies in such fund shall be used for the payment of the
necessary management, maintenance, operation, repair and financing of any sewer improvement or service
15
provided by the Village, including any payment required to be made by the Village to any contracting
municipality for such purposes, including interest and penalties. Except as otherwise stated in this Local Law,
at any time, any surcharges on said sewer rents shall be used for the costs of sewer operations as above defined
and shall be specifically designated for such purpose in the Sewer Rent Fund. Moneys in the fund shall be
used to pay the Village's share of the operating and maintenance costs and capital costs, to the extent
authorized by law and the Village Board, related to collection, transmission and treatment of sewage and for
any other purpose authorized by General Municipal Law § 453 as the same may be amended from time to
time.
SECTION 9. Applicability.
This Local Law shall apply to all properties in the Village as well as to all users of the Village’s sewer system
and the municipalities in which such users are located. Sewer rents shall not be charged against properties
granted special permit under Article VIII of the Village’s Articles or against properties connected to any other
municipal system, except against those properties where the Village pays the rent of such a connection.
SECTION IV SUPERSEDING EFFECT.
All Local Laws, Articles, resolutions, rules, regulations and other enactments of the Village of Cayuga
Heights in conflict with the provisions of this Local Law are hereby superseded to the extent necessary to
give this Local Law full force and effect. Without limiting the foregoing, to any extent that the terms of
Local Law #8 of 2011 of the Village of Cayuga Heights are deemed to be in conflict with the terms of this
Local Law, the terms of this Local Law shall govern and control.
SECTION V PARTIAL INVALIDITY.
In the event that any portion of this Local Law is declared invalid by a court of competent jurisdiction, the
validity of the remaining portions shall not be affected by such declaration of invalidity.
SECTION VI EFFECTIVE DATE.
This Local Law shall be effective immediately upon filing in the office of the New York State Secretary of
State, except that it shall be effective from the date of its service as against a person served with a copy
thereof, certified by the Village Clerk, and showing the date of its passage and entry in the Minutes of the
Village Board of Trustees.
16
EXHIBIT 2018-051
7.a Resignation of Patricia Longoria as Deputy Historian
Recognition of her service to the Village of Cayuga Heights
Resolution:
IN APPRECIATION FOR OUTSTANDING PUBLIC SERVICE BY PATRICIA LONGORIA
WHEREAS, Patricia Longoria served the Village of Cayuga Heights as a local history researcher in the year
2015 and as Deputy Historian from April 2016 to July 2017, providing the Village with enormous
contributions of historical research, paper and web-based publications, records management, and public
outreach and,
WHEREAS Patricia Longoria has maintained a standard of excellence in the quality of everything she has
done whether, for example, working with the Public Works Department to place donated map cabinets in the
jury room; working the Village Historic Preservationists to update The Cayuga Heights History Project
website; working with the Village Historian to prepare presentations and publications such as a recent one on
“Cayuga Heights and Sunset Park,” or whether working by herself during countless hours of research and,
WHEREAS Patricia Longoria has engaged in outreach within the Village, for example, by a presentation made
to a fourth grade class the Cayuga Heights Elementary School, by offering a workshop on deed research for
local house historians, and by conducting oral history interviews and compiling information about architects
and builders in various Village neighborhoods and,
WHEREAS Patricia Longoria has represented the Village with the Historian and Historic Preservationists in
activities of area municipal historians coordinated by the County Historian, served as a docent for Historic
Ithaca annual old house tours, served as initial coordinator for the Tompkins County Names on the Land
project, attended a regional and an annual meeting of the Association of Public Historians of New York State,
input historical census data for The History Center in Tompkins County’s HistoryForge data mapping project,
and contributed to the successful application for the American Association for State and Local History
Leadership in History award received by The Cayuga Heights History Project in 2016 and,
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby commend Patricia
Longoria for dedication and outstanding public service given to the Cayuga Heights community.
7.b Resignation of Michael Pinnisi as a Member of the Zoning Board of Appeals
7.c Appointment of Michael Pinnisi as an Alternate Member of the Zoning Board of Appeals
7.d Appointment of Lucy Staley as a Member of the Zoning Board of Appeals for the remainder of Kirk
Segel’s Term
7.e Proposed Local Law 2017-B to Reestablish and Modify the Method for Calculation of Sewer Rents
See Exhibit 2018-047
7.f Paid Family Leave
17
EXHIBIT 2018-051 con’t
EXHIBIT 2018-052
7.g SCLIWC Resolution to set Water Rate Billing Structure
SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION
BOLTON POINT WATER SYSTEM
AGREEMENT TO CHANGE WATER RATE BILLING STRUCTURE
THIS AGREEMENT to change Water Rate Billing Structure is made as of the 1st day of January, 2018,
between the TOWN BOARD OF THE TOWN OF DRYDEN, Tompkins County, New York, on its own
behalf and on behalf of all water districts in the TOWN OF DRYDEN, (hereafter referred to as “Dryden”),
the TOWN BOARD OF THE TOWN OF ITHACA, Tompkins County, New York (hereinafter referred to
as “Ithaca”), the TOWN BOARD OF THE TOWN OF LANSING, Tompkins County, New York, on its
own behalf and on behalf of the Town of Lansing Consolidated Water District and the Town of Lansing
Consolidated Water District Extension #1 & #2 (the Town of Lansing and such districts are hereinafter
collectively referred to as “Lansing Town”), VILLAGE OF LANSING, on its own behalf and as successor
to LANSING WATER DISTRICT 1, Tompkins County, New York, (hereinafter referred to as “Lansing
Village”), and VILLAGE OF CAYUGA HEIGHTS, Tompkins County, New York, (herein after referred
to as “Cayuga Heights”), all served by the Southern Cayuga Lake Intermunicipal Water Commission, all of
the parties hereto sometimes collectively or individually referred to hereinafter as “Municipalities” or
“Municipality”,
WITNESSETH:
18
WHEREAS, the above named municipalities have entered into an amended, supplemental, restated and
consolidated agreement of municipal cooperation for construction, financing and operation of an
intermunicipal water supply and transmission system dated as of June 5, 1979 as the same has been
amended from time to time (the “Agreement”); and
WHEREAS, pursuant to the Agreement each municipality agreed to pay to the Southern Cayuga Lake
Intermunicipal Water Commission (hereinafter referred to as “Commission”), water revenues based upon,
in part, a water rate billing structure based on a 10,000 gallon minimum; and
WHEREAS, the Commission believes it is advisable to adopt a new water rate billing structure based on a
5,000 gallon minimum; and
NOW, THEREFORE, in consideration of the premises and the mutual undertakings of the parties pursuant
to the Agreement, the parties hereby agree to amend the Agreement effective January 1, 2018.
This modification agreement may be executed in multiple counterparts which, when taken together, shall
constitute a complete document even though each of the counterparts may not bear the signatures of all of
the parties.
IN WITNESS WHEREOF, the parties have executed this agreement to become effective as of the day and
year set forth above.
SCLIWC - BOLTON POINT WATER SYSTEM
2018 WATER RATE BILLING STRUCTURE
EFFECTIVE JANUARY 1, 2018
MINIMUM BASE CHARGES:
The flat rate charge per 1,000 gallons shall be non-fluctuating and equal to four dollars and ninety six cents
($4.96). The foregoing rate will be the rate charged for all regular quarterly bills sent after January 1,
2018. Actual or base consumption may occur prior to January 1, 2018. The following minimum base
charges shall be applicable to the meter size indicated below, for regular quarterly bills sent after January 1,
2018. The table below shows the amount of water consumption that is permitted before the minimum base
charge would be exceeded:
BASE MINIMUM
METER SIZE CONSUMPTION BASE CHARGE
(INCHES) (GALLONS) (DOLLARS)
3/4 5,000 24.80
1 15,000 74.40
1-1/2 22,500 111.60
2 45,000 223.20
3 70,000 347.20
4 100,000 496.00
≥6 175,000 868.00
19
Multiple Housing and mobile home parks of over two dwelling units, using a master meter, will be
computed as follows: The quarterly master meter reading will be divided by the number of dwelling units
and the water charge will be figured on this number as if the unit was individually metered. The water
charge will then be multiplied by the number of units on the master meter and this will be the billing
rendered. If the calculation of the water consumed per dwelling unit is less than the allowable
consumption for a three-quarter inch meter, then the billing will be calculated by multiplying the number of
units on the master meter times the minimum base charge for a three-quarter inch meter (e.g. if there were
20 dwelling units on the master meter, and total water consumption shown by the master meter was 50,000
gallons, the Commission billing would be $496.00 (20 units times $24.80) rather than $248.00 (50,000
gallons at $4.96/1000 gallons)).
EXHIBIT 2018-053
7.h SCLIWC Resolution to set Water Rate Billing Schedule
SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION
BOLTON POINT WATER SYSTEM
AGREEMENT TO CHANGE WATER RATE SCHEDULE
THIS AGREEMENT to change Water Rate Schedule is made as of the 1st day of January, 2018, between
the TOWN BOARD OF THE TOWN OF DRYDEN, Tompkins County, New York, on its own behalf and
on behalf of all water districts in the TOWN OF DRYDEN served by the Southern Cayuga Lake
Intermunicipal Water Commission, (hereafter referred to as “Dryden”), the TOWN BOARD OF THE
TOWN OF ITHACA, Tompkins County, New York (hereinafter referred to as “Ithaca”), the TOWN
BOARD OF THE TOWN OF LANSING, Tompkins County, New York, on its own behalf and on behalf
of the Town of Lansing Consolidated Water District and the Town of Lansing Consolidated Water District
Extension #1 & #2 (the Town of Lansing and such districts are hereinafter collectively referred to as
“Lansing Town”), VILLAGE OF LANSING, on its own behalf and as successor to LANSING WATER
DISTRICT 1, Tompkins County, New York, (hereinafter referred to as “Lansing Village”), and VILLAGE
OF CAYUGA HEIGHTS, Tompkins County, New York, (herein after referred to as “Cayuga Heights”),
all of the parties hereto sometimes collectively or individually referred to hereinafter as “Municipalities” or
“Municipality”,
WITNESSETH:
WHEREAS, the above named municipalities have entered into an amended, supplemental, restated and
consolidated agreement of municipal cooperation for construction, financing and operation of an
intermunicipal water supply and transmission system dated as of June 5, 1979 as the same has been
amended from time to time (the “Agreement”); and
WHEREAS, pursuant to the Agreement each municipality agreed to pay to the Southern Cayuga Lake
Intermunicipal Water Commission (hereinafter referred to as “Commission”), water revenues based upon,
in part, a water rate schedule annexed as Exhibit I of Schedule A to the Agreement; and
WHEREAS, based on changes in costs, the Commission believes it is advisable to adopt a new water rate
schedule in the form annexed to this modification agreement; and
WHEREAS, Schedule A of the Agreement provides that the water rate schedule may not be changed by
the Commission without the written agreement to such change of all the parties; and
20
WHEREAS, Exhibit I of Schedule A to the Agreement has been amended from time to time since the
initial date of the Agreement; and
WHEREAS, the parties believe it is necessary to amend Exhibit I of Schedule A further; and
WHEREAS, the parties are willing to agree to such change;
NOW, THEREFORE, in consideration of the premises and the mutual undertakings of the parties pursuant
to the Agreement, the parties hereby agree that Exhibit I of Schedule A annexed to the Agreement be
amended effective January 1, 2018 to read as set forth on the Exhibit I annexed hereto, and such exhibit is
adopted as Exhibit I, the water rate schedule, for all purposes under the Agreement.
This modification agreement may be executed in multiple counterparts which, when taken together, shall
constitute a complete document even though each of the counterparts may not bear the signatures of all of
the parties.
IN WITNESS WHEREOF, the parties have executed this agreement to become effective as of the day and
year set forth above.
EXHIBIT I
SCLIWC - BOLTON POINT WATER SYSTEM
2018 WATER RATE SCHEDULE
EFFECTIVE JANUARY 1, 2018
RATE STRUCTURE:
The flat rate charge per 1,000 gallons shall be non-fluctuating and equal to four dollars and fifty three cents
($4.53). This rate is equal to three dollars and thirty nine cents ($3.39) per 100 cubic feet. The foregoing
rate will be the rate charged for all regular quarterly bills sent after January 1, 2018. Actual or base
consumption may occur prior to January 1, 2018.
MINIMUM BASE CHARGES:
Notwithstanding the foregoing rate structure, the following minimum base charges shall be applicable to
the meter size indicated below, for regular quarterly bills sent after January 1, 2018. The table below
shows the amount of water consumption that is permitted before the minimum base charge would be
exceeded:
BASE MINIMUM BASE
METER SIZE CONSUMPTION CHARGE
(INCHES) (GALLONS) (DOLLARS)
3/4 10,000 45.30
1 30,000 135.90
1-1/2 45,000 203.85
2 90,000 407.70
3 140,000 634.20
4 200,000 906.00
≥6 350,000 1,585.50
21
Multiple Housing and mobile home parks of over two dwelling units, using a master meter, will be
computed as follows: The quarterly master meter reading will be divided by the number of dwelling units
and the water charge will be figured on this number as if the unit was individually metered. The water
charge will then be multiplied by the number of units on the master meter and this will be the billing
rendered. If the calculation of the water consumed per dwelling unit is less than the allowable
consumption for a three-quarter inch meter, then the billing will be calculated by multiplying the number of
units on the master meter times the minimum base charge for a three-quarter inch meter (e.g., if there were
20 dwelling units on the master meter, and total water consumption shown by the master meter was
100,000 gallons, the Commission billing would be $906.00 (20 units times $45.30) rather than $453.00
(100,000 gallons at $4.53/1000 gallons))
An annual charge for each fire protection main serving a fire suppression system will be billed along with
the first quarterly water bill of the calendar year.
2
7.i Zoning Ordinance
22
EXHIBIT 2018-053
8. Report of the Trustees
AMENDMENT TO
RIGHT OF WAY AGREEMENT
THIS AMENDMENT TO RIGHT OF WAY AGREEMENT is made as of ____________ ___,
2017 by and between Lake View Cemetery Company, Inc., a New York cemetery corporation having an
address in care of the Town of Ithaca, 215 N. Tioga Street, Ithaca, New York 14850 (the “Cemetery”), and the
Village of Cayuga Heights, a New York municipal corporation having an address at 836 Hanshaw Road, Ithaca,
New York 14850 (the “Village”).
WHEREAS, by Right of Way Agreement dated as of October 19, 2017 (the “ROW Agreement”), the
Cemetery and the Village agreed upon various terms and provisions concerning the Cemetery’s grant of a right
of way to the Village over a portion of the Cemetery property, as defined in the ROW Agreement; and
WHEREAS, the Cemetery and the Village desire to amend certain terms of the ROW Agreement; and
WHEREAS, any terms used in this Amendment and not defined herein shall have the meanings given
to such terms in the ROW Agreement;
NOW, THEREFORE, in consideration of the covenants contained in this Amendment and in the Right
of Way Agreement and other good and valuable consideration, the mutual receipt and legal sufficiency of which
are hereby acknowledged, the following terms, provisions, agreements, covenants and restrictions are made by
the parties hereto:
1. AMENDMENT. The terms of this Amendment shall modify and amend the terms of the ROW
Agreement, and in the event of any conflict between the terms of this Amendment and the terms of the ROW
Agreement, the terms of this Amendment shall govern. Other than as expressly modified by this Amendment,
the terms of the ROW Agreement shall remain in full force and effect as set forth therein. As modified by this
Amendment, the ROW Agreement and this Amendment shall be deemed to constitute a single agreement
between the Cemetery and the Village.
2. HOURS OF ACCESS. The Cemetery will make access to the Cemetery property available (x) for use of
the Right of Way Area for pedestrian travel twenty-four (24) hours per day, seven (7) days per week; (y) for the
Village’s maintenance activities at such times and on such days as necessary or appropriate for the conduct of such
maintenance activities, including, but not limited to, by not locking any gates to the Cemetery property; and (z) for
officers of the CHPD at any time, including, but not limited to, by providing the CHPD with keys to any gate that
provides access to the Cemetery property. Notwithstanding the foregoing, the Cemetery may restrict access to the
Cemetery property during such times on such days when funeral services or the Cemetery’s maintenance activities
require, in the Cemetery’s discretion, the Cemetery property to be temporarily closed.
3. TERMINATION. Notwithstanding the terms of Section 9 of the ROW Agreement, neither party may
terminate the ROW Agreement within five (5) years of funding being awarded under the Transportation
Alternatives Program for the Right of Way Area.
4. CEMETERY SIGNAGE. The Cemetery will, at its expense, remove, replace or revise existing signage
at the Cemetery property that indicates that the Cemetery property is "Open from dawn to dusk" such that any
signage states the hours of access stated in Section 2 above.
5. MISCELLANEOUS PROVISIONS.
23
A. If any provision of this Amendment is determined to be invalid or unenforceable, in
whole or in part, the remaining provisions shall remain binding and enforceable.
B. The headings used in this Amendment are for convenience only.
C. This Amendment may be executed in several counterparts, each of which shall be
deemed an original and all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year
first above written.
Lake View Cemetery Company, Inc.
By: ________________________________________
Martin Kelly, President
Village of Cayuga Heights
By: ______________________________
Linda Woodard, Mayor
24
EXHIBIT 2018-055
August 10, 2017
To: The Honorable Mayor Woodard
Members of the Board of Trustees
Village of Cayuga Heights
Re: Report of the Police Department for July, 2017
In the month of July the police department received 384 calls for service. In addition to these calls 42 uniform traffic tickets
were issued and 6 parking violations were cited. A breakdown of the calls for service is as follows:
Officers assisted other agencies with 3 Felony complaints, 2 for Burglary and 1 for Robbery. Officers also responded to 2
additional Burglary complaints within the Village; however these complaints were determined not to be Burglaries, and
were observed as suspicious incidents and/or thefts from a building.
4 Penal Law Misdemeanor complaints for Larceny were handled. 1 of the complaints involved a business owner stating
that one of the employees of the business had stolen money by making false purchases. The employee was fired and no
charges have ensued as of yet. The second complaint involved a resident stating that an expensive piece of jewelry had
gone missing from their home and although they were not sure if it was taken or just misplaced, they wanted to have the
situation investigated. Another report was made by a resident that stated items were taken from her car port without her
permission during a facility clean out event. It is still unclear what, if anything is missing and if the items were discarded
into a dumpster or not. The last larceny complaint involved a tenant that was moving out of a rental property stating that
the person assisting her in the move had taken many valuable items without permission during the move. This incident
remains under investigation.
2 Misdemeanor Vehicle and Traffic incidents were handled, 1 for DWI and 1 for AUO 3 rd. After investigation of a personal
injury motor vehicle accident the driver was found to be intoxicated and was arrested for Driving While Intoxicated. An
arrest for Aggravated Unlicensed Operation of a MV was made after investigation of a traffic stop.
3 Penal Law Violation reports were received; 2 for Drugs and 1 for Disorderly Conduct. Investigation into a traffic stop
and the above mentioned personal injury accident also found drivers to be in possession of Marijuana. Both drivers were
charged with Unlawful Possession of Marijuana. The Disorderly Conduct complaint was observed by a passerby who
stated there was a road rage incident in which an altercation ensued. The officer was able to make contact with the parties
involved and they were made to go their separate ways.
6 Incidents of Local Law violations were received; 3 for Noise, 2 for Care of Property, and 1 for In the Park after Hours.
One noise complaint was reported as a loud party in the area. Upon officer’s arrival there was no violation observed and
only heard water rushing in a nearby creek due to flooding. In the last 2 complaints, officers responded to find residents
having small gatherings outside their homes. Each gathering was advised to keep the noise level down. Each complied
without incident. 2 Care for Property incidents were handled. The homeowner was issued 2 citations for reoccurring local
law violations. The final Local Law incident involved the on duty officer observing a vehicle entering Sunset Park after
hours. The officer made contact with the occupants of the vehicle and they were notified of the Villages ordinance. The
vehicle left without incident.
1 Person was taken into custody under the 22.09 Mental Hygiene Law. After investigation into a domestic complaint,
officers found one of the subjects to be mentally incapacitated. The subject was transported to a nearby hospital for
treatment.
2 Cayuga Heights Court Bench Warrants were executed. The subjects were notified of the outstanding warrant and
appeared at the next available court date without incident.
25
There were 4 motor vehicle accidents reported.
There were no incidents reported involving deer.
In summary, 8 persons were arrested and the following 9 charges were filed: 1-DWI, 2-UPM, 1-Aggravated Unlicensed
Operation MV 3rd, 2-Local Law-Care of Property, 1-Mentally Incapacitated 22.09, and 2- Execution of a Bench Warrant.
Over the course of this month police department members took part in the following trainings and events: The 18 th through
the 20th Officers Jim Landon and Brandon Manheim attended Patrol Rifle Training at Cornell.
The full time officers worked a total of 42.5 hours of overtime and the part time officers worked a total of 221.5 hours.
Sincerely,
Chief James Steinmetz
CAYUGA HEIGHTS
POLICE DEPARTMENT
July 2017
Total Traffic Citation Report, by Violation
Violation Description Totals
7D LL#1-96 OVERNIGHT PARKING 6
Report Totals 6
Cayuga Heights Police Department
Uniform Traffic Tickets 7/1/17 to 7/31/17
Date Offense Location_________________
7/2/17 1229c3 No Seat Belt Hanshaw Rd
7/2/17 5111a Aggravated Unlic Op 3rd (Misd) Hanshaw Rd
7/3/17 1110a Disobeyed Traffic Control Device Pleasant Grove Rd
7/3/17 3752a3 No/Insufficient Tail Lamps N Triphammer Rd
7/5/17 306b Uninspected Motor Vehicle Pleasant Grove Road
7/5/17 3752a1 No/Inadequate Lights Pleasant Grove Road
7/6/17 1110a Disobeyed Traffic Control Device Cayuga Heights Road
7/6/17 37540 Inadequate Or No Stop Lamps Pleasant Grove Rd
7/7/17 4011a Unregistered Motor Vehicle (Exp 02/19/17) Wyckoff Rd
7/7/17 306b Uninspected Motor Vehicle (Exp 5/17) Wyckoff Rd
7/7/17 3191u Operating Without Insurance (Exp 2/20/17) Wyckoff Rd
7/8/17 1110a Disobeyed Traffic Control Device Pleasant Grove Road
7/8/17 3191u Operating Without Insurance Pleasant Grove Road
7/9/17 1110a Disobeyed Traffic Control Device Triphammer Rd
7/9/17 3191u Operating Without Insurance Triphammer Rd
7/10/17 1120a Failed To Keep Right Remington Rd
7/10/17 11923 Driving While Intoxicated (Misd) Remington Rd
7/10/17 1128a Moved From Lane Unsafely Remington Rd
7/15/17 37512a No/Illegal Front Windshield (Large Crack) North Triphammer Rd
7/15/17 3191u Operating Without Insurance (Exp 4/9/17) North Triphammer Rd
7/15/17 5111a Aggravated Unlic Op 3rd (Misd) North Triphammer Rd
7/17/17 1163d Improper/No Signal N. Sunset Dr
7/17/17 3191u Operating Without Insurance N. Sunset Dr
7/18/17 306b Uninspected Motor Vehicle Pleasant Grove Rd
7/19/17 37524a Oper Mv/Mc/Bic W/More 1 Earphone North Triphammer Rd
7/21/17 1180d Speed In Zone Cayuga Heights Rd
7/22/17 1110a Disobeyed Traffic Control Device S/R 13 S
7/22/17 1180d Speed In Zone Triphammer Road
7/22/17 1110a Disobeyed Traffic Control Device Pleasant Grove Road
7/22/17 4021 No Distinctive Plate/Insecure/Dirty Pleasant Grove Road
26
7/22/17 1110a Disobeyed Traffic Control Device Pleasant Grove Road
7/22/17 3191u Operating Without Insurance Pleasant Grove Road
7/23/17 1110a Disobeyed Traffic Control Device Pleasant Grove Road
7/26/17 3752a1 No/Inadequate Lights N Triphammer Rd
7/27/17 1163a Improper or Unsafe Turn/Without Signal N Triphammer Rd
7/28/17 3752a1 No/Inadequate Lights N Triphammer Rd
7/29/17 1180a Speed Not Reasonable & Prudent 319 Highland Rd
7/29/17 1120a Failed To Keep Right 319 Highland Rd
7/29/17 1180d Speed In Zone N Triphammer Rd
7/30/17 37542 Unlawful Speedometer Cayuga Heights Road
7/30/17 1110a Disobeyed Traffic Control Device Cayuga Heights Road
7/31/17 306b Uninspected Motor Vehicle Hanshaw Road
27
EXHIBIT 2018-056
Village of Cayuga Heights
Assistant Superintendent of Public Works Report
8/21/2017
Streets:
In July we had 2 intense rainfalls which caused some flooding throughout the village. The only
location that had severe damage was on North Triphammer. The side of the road had washed out
and needed to be rebuilt.
There were other areas where we had flooding damage which are still being attended to however
the damages are not severe.
Hanshaw Road sidewalk has begun and is scheduled to be completed before the first day of
school.
On July 23rd, a tree had fallen on a power line and required a crew to come in to remove the tree.
The power line also happened to have a transformer on the pole which had also fallen in the road.
This crew was able to remove the tree from the road with guidance from NYSEG.
Sewer:
We had The Drain Brain to come to the village to camera the lower Hanshaw Rd sewer line for us so
we could verify if there were any significant spots with infiltration. We found limited issues.
o This also gave us a chance to discuss our current situation with The Drain Brain. He discussed
the possibility of having him assess the entire village’s sewer lines.
The DPW is also currently discussing replacement options with Cornell to replace a sewer main on
their property, 603 Cayuga Heights Road.
Refuse:
The DPW has been heavily burdened with the current Yard Refuse schedule. We have decided to ask
the Clerk’s office to include the Yard Refuse guidelines in the next E-Blast so residents can be
reminded what can be placed on the curb.
28
EXHIBIT 2018-057
VILLAGE OF CAYUGA HEIGHTS
CLERK & TREASURER’S REPORT
August 21, 2017
Administration:
Receipt of property tax revenues totals $2,617,573.73 out of $2,634,069.00, leaving $16,495.27 to be collected.
Reviewed and approved invoicing for clerk, treasurer, building, court, attorney, deer management and others.
Responded to multiple tax receipt requests from attorney offices.
Completed US Census of Q2 Tax Receipts.
Worked with the mayor to process external sewer billing.
Prepared Town of Ithaca Justice Court billing.
Notarized approximately two dozen documents for villagers. Both Jeff and Tayo received their notary licenses and will now
handle most of this service.
Records Management:
Focus during July was scanning sewer permit records.
Four FOIL requests were processed during the month.
Communication:
eNewsBlasts are sent every other Friday. The print newsletter for September is being proofread and will be sent for printing
in the next week.
Computer System Administration:
Encountered increased response times requiring server reboot. A new desktop computer was procured to replace the 5.5-
year-old one used by the Clerk & Treasurer to resolve excessive response time delays.
Reporting and Audit:
Following numerous additional weekend hours, the AUD was submitted on-time.
Policies and Local Laws:
The Computer Use Policy draft is stalled due to demand on Clerk & Treasurer’s time.
Budget: No FYE2018 Budget Modifications requested.
Debt: The Firetruck BAN payment and re-financing took place on schedule. The remaining $168,000 was re-financed at
2.15% with Tompkins Financial.
Revenues & Expenditures:
June 2017 Bank to Book Reconciliation review by Trustee & Deputy Treasurer Biloski is delayed.
Current Expenses: Abstract #3 for expenditures for Fiscal Year End May 31, 2018, dated August 21, 2017 as distributed.
Approval of August Abstract:
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves Abstract #03 for FYE2018
consisting of TA vouchers 15 - 26 in the amount of $17,561.63 and Consolidated Fund vouchers 104 - 205 in the amount of
$348,889.54 and the Treasurer is instructed to make payments thereon.
Respectfully submitted,
Joan M. Mangione