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HomeMy WebLinkAbout01.22.2019 BOT Agenda1 Village of Cayuga Heights Board of Trustees Monthly Board Meeting Ronald E. Anderson Fire Station Tuesday, January 22, 2019, 7:00 p.m. AGENDA EXHIBIT/PAGE 1. Call to Order: 2. Approval of Meeting Minutes: a. October 30, 2017 2019-103 pgs. 2-14 b. April 16, 2018 2019-104 pgs. 14-21 c. July 16, 2018 2019-105 pgs. 21-31 d. August 21, 2018 2019-106 pgs. 32-43 e. December 17, 2018 2019-107 pgs. 44-51 3. Report of the Fire Superintendent Tamborelle: Submitted Report 2019-108 pgs. 52-53 4. Privilege of the Floor: 5. Report of Mayor Woodard: a. NYPA LED Presentation – Casey Mastro 2019-109 pgs. 54-58 b. GHD Design Drawing c. NYSDEC Invasive Species Grant e. M. Macenas f. February Board Meeting 6. Report of the Trustees: a. General Code 7. Report of the Police Chief: Submitted Report 2019-110 pgs. 59-60 8. Report of Assistant Superintendent of Public Works Wiese: a. N. Triphammer Lights 9. Report of Superintendent of Public Works Cross: a. TCSWC 10. Report of Treasurer Mangione: Submitted Reports 2019-111 pgs. 60-64 11. Report of Clerk Walker: a. Active Shooter Training b. Village Signs 2019-112 pgs. 65-66 13. Executive Session: 14. Adjournment: 2 EXHIBIT 2019-103 Minutes VILLAGE OF CAYUGA HEIGHTS Monday, October 30, 2017 Marcham Hall BOARD OF TRUSTEES 7:00 p.m. PUBLIC HEARING Present: Mayor Woodard; Trustees: Biloski, Friend (joined at 7:25 p.m.), Marshall, McMurry, Robinson, and Salton; Chief of Police: Steinmetz; Superintendent of Public Works Cross; Clerk & Treasurer Mangione; Attorney Marcus. Call to Order: Mayor Woodard calls the meeting to order at 7:04 p.m. Clerk & Treasurer Mangione stated each member of the public can speak for 3 minutes. It was 3-4 years ago when the Zoning Review Committee (ZRC) started meeting twice a month to discuss the Village Zoning. Tonight, is the first of several Public Hearings on the new proposed Zoning Law, which will be conducted following the first public hearing tonight. 1. Public Hearing: Mayor Woodard opens the Public Hearing at 7:06 p.m. - Proposed Local Law 3 of 2017 establishing sewer rates, to be applied in accordance with Local Law 2 of 2017 of the Village of Cayuga Heights. This local law is a neutral revenue increase in sewer rates, because we are changing the minimum usage that we charge for, from 10,000 gallons to 5,000 gallons. This will result in a decrease in cost to most residents. Section I. PURPOSE The purpose of this Local Law is to establish annual sewer rates of $2.39/1000 gallons consumed for inside users and a rate of $3.59/1000 gallons used for outside users, as defined in articles XII, Sewer Rents, of the Village of Cayuga Heights Articles. Section II. AUTHORITY This Local Law is enacted pursuant to the grant of powers of local governments provided for in (i) Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provisions of the New York State Constitution or not inconsistent with any general law relating to its property, affairs, government or other subjects provided for in said Section 10 of the Municipal Home Rule Law, (ii) General Municipal Law Article 14-F, (iii) General Municipal Law Sections 451 and 452, and (iv) Village Law Article 14. Section III. ESTABLISHMENT OF SEWER RATES As of January 1, 2018, annual sewer rates shall be established at a rate of $2.39/1000 gallons used for treatment of waste water originating from properties located within the Village and a rate of $3.59/1000 gallons used for treatment of waste water originating from properties located outside of the Village. Section IV. SUPERSEDING EFFECT 3 All Local Laws, resolutions, rules, regulations and other enactments of the Village of Cayuga Heights in conflict with the provisions of this Local Law are hereby superseded to the extent necessary to give this Local Law full force and effect. Section V. VALIDITY The invalidity of any provision of this Local Law shall not affect the validity of any other provision of this Local Law that can be given effect without such invalid provision. Section VI. EFFECTIVE DATE This Local Law shall be effective immediately upon filing in the office of the New York State Secretary of State, except that it shall be effective from the date of its service as against a person served with a copy thereof, certified by the Village Clerk, and showing the date of its passage and entry in the Minutes of the Village Board of Trustees. Mayor Woodard closes the Public Hearing at 7:09 p.m. Attorney Marcus informed the Board, that under SEQR this is a Type II exemption under section 617.5(c)(20) – routine agency administration. Resolution # 8095 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees adopts Proposed Local Law 3 establishing sewer rates, to be applied in accordance with Local Law 2 of 2017 of the Village of Cayuga Heights. Motion: Trustee Marshall Second: Trustee Robinson Ayes: Mayor Woodard, Trustees: Biloski, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none Motion carried 3. Emergency Road Repair Declaration: A heavy rain storm last night caused the Highland Road culvert pipe to collapse and requires closing the road for emergency repair. •Trustee Salton would like all engineering options investigated before continuing with a contractor on this emergency road damage. Superintendent of Public Works Cross informed the Board that repair money will be funded out of Street Capital Improvement projects. Resolution # 8096 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees recognizes the public emergency rising out of a unforeseen occurrence on public property (Highland Rd. culvert) and to enter into a contract to make the emergency repairs. Motion: Trustee Robinson Second: Trustee McMurry Ayes: Mayor Woodard, Trustees Biloski, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none 4 Motion carried Resolution # 8097 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes Mayor Woodard to enter into a contract on an emergency basis with a contractor to perform emergency repairs to the culvert on Highland Rd. Motion: Trustee Salton Second: Trustee Biloski Discussion: none Ayes: Mayor Woodard, Trustees Biloski, Marshall, McMurry, Robinson, and Salton Abstentions: Motion carried 2. Public Hearing: Mayor Woodard opens the Public Hearing at 7:22 p.m. on proposed Local Law to replace all Zoning Laws and ordinances with a revised and restated Zoning Law. Mayor Woodard publicly thanked the Zoning Review Committee: PB Chair, Fred Cowett, former Mayor Kate Supron, Kirk Siegel, David Filiberto, Elaine Quaroni, Superintendent of Public Works Brent Cross, and Trustee Meloney McMurry for all their hard work and dedication. 5 6 7 8 Clerk and Treasurer J. Mangione reads a letter from A.Wittink on Chickens: Submitted Letter. 9 Melissa Pollack: Sent an email to the Village Board, she is in-favor of short term rentals and currently has a short-term rental. She suggested the ZRC consider a special use permit. Rosemarie Parker: Stated her concern is about off-street parking on lawns. She also raised the question on the language for brush piles, and how the new Zoning addresses cutting and removing vegetation. 10 Trustee M. Friend arrives at 7:25 p.m. David Kline: Stated he is very much in favor of restrictions on short term rentals. Commercial rentals should not intrude into residential neighborhoods. He also supports the idea to reduce the number of unrelated occupants in 1–2 family dwellings. Mr. Kline further stated the sections on stream maintenance are hard to read and understand. Lawn maintenance and front yard activities should have some sort of restrictions. He also felt residential neighborhoods are not agriculture zones, and is not sure about chickens. He would like to see invisible fencing be considered. Ilene Lambiase: Submitted letter. 11 12 Eric Bopp: State he will defer to the end to speak. Jeff Sauer: Stated his neighborhood falls into the re-zoning from multi-housing to residential, which is good and felt allowing non-conforming use in this area is more like “spot zoning”. Ron Bors: Stated he is against chickens and his concerns were addressed to the Board in September 2017. The comprehensive plan does not allow for any agricultural zones. He would like the Board to reference the Village of Trumansburg for guidance on chickens. Susan Barnett: Raised the question of how will short term rentals be policed, 14-day enforcement? She also stated the Board should please listen to the residents of the Village and not the multi-billion-dollar companies who make profits from our villagers. David Filiberto: Stated he disagrees with the 14-day rule, and any new changes should be less restrictive. the short-term rental changes infringe on property owner’s rights. He is not in favor of chickens in the Village and he is also not in-favor of investors buying houses and renting them out. Kate Supron: Thanked the Board of Trustees, Planning Board and the public for all hard work that went into the proposed Zoning Law. She reminded the public, currently it is not permitted to have short term rentals in the Village, the draft is a compromise. She bought her house in a residential neighborhood to live there, not as property to generate income. “I bought a house I could afford, so the idea of renting out my home for supplemental income does not make sense”. On the topic of chickens, she supports chickens with the current restrictions. Carol Schiffman: Stated she supports the changes of number of unrelated people per household. She went on to state, when you don’t control rental properties, you change the nature of the neighborhood. Invisible fence set back should be included and researched for the new zoning draft. Marian VanLoan: Stated as a 26-year resident, she thinks short term rentals don’t belong in the Village. Jane Segelken: Has an accessory apartment and relies on the income from that to stay in her home. She felt long term rentals are much easier to manage than short-term rentals. She also stated, that if the Board acts on the restrictions of rentals it will force out the older / long term residences who cannot afford to live in the Village without some rental income. 13 Connie Kintner: She has had chicken at her property for 10 years now. They eat lots of ticks, nd fertilize the lawn. They have never gotten out and would love to educate anyone who wants to learn about chickens. Hickory Lee: Stated she is in favor of allowing residents to have chickens. Anita Graf: Stated she is a rental property owner in the City of Ithaca and came to listen to the public input on short-term rentals. Jeff Milder: Is against the current restrictions on short term rentals. Advocates for owner occupied rentals and calls for more revisions to the current draft of the Zoning Law. He is against non-owner-occupied rentals and will give more comments in writing. Nina Kohn: Against restriction on short term rentals, occupancy and home occupation. There is no issue with residents who run short term rentals now. She also felt over the past several months the Mayor and Board has refused to listen to the public comments. John Grant: Bought his home with the understanding of the income potential on accessory apartments. He recommends creating laws to control rentals and allow them. Casey Carr: Is a 25-year resident of Cayuga Heights, she can’t afford to stay in her home without the extra income from short-term rentals. Alicia Fontaine: Asked the Board to consider the definition of stream set back and the steep slope Aspects be looked at closer. Dooley Keifer: Stated there is no site plan review for single family homes. She also felt strongly about allowing unlimited access to solar for property owners. Rick Burgess: Stated he is new to the Village, and the family was excited to learn that chickens might be allowed. Eric Bopp: Stated he is in support of short term rentals. Margery Broadhead: Stated she supports short term rentals but is not in favor of non-owner-occupied rentals. Steve Gordan: Stated he supports owner occupied short term rentals. Eric Pritz: Stated he supports owner occupied short term rentals and feels it fills an income need for most. He also pointed out that most rentals occur on the weekends. Beatrice Szekely: Is a 40-year resident and as the Village Historian, informed the Board that this is only the 3rd Zoning law to be passed since incorporation in 1925. Brian Eden: Stated he supports community shared solar, and front yard solar should be allowed. Stream setbacks should be discussed, and site-plan review should be conducted for all projects. He also is in favor of chickens in the Village. Katherine Gale: Stated she enjoyed hearing the different opinions from all the Village residents. Kate Seaman: Stated she is an Ithaca Realtor, and receives weekly inquiries on properties in the Village and what are the rental opportunities associated with those properties. Resolution # 8099 14 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees is considered lead agency for SEQR review for the proposed Local Law to replace all zoning laws and ordinances with a revised and restated Zoning Law. Motion: Trustee Salton Second: Trustee Biloski Ayes: Mayor Woodard, Trustees Biloski, Friend, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none Motion carried Mayor Woodard adjourns the Public Hearing at 9:55 p.m. Motion: Trustee Friend Second: Trustee Biloski Ayes: Mayor Woodard, Trustees Biloski, Friend, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none Motion carried EXHIBIT 2019-104 Minutes VILLAGE OF CAYUGA HEIGHTS Monday, April 16, 2018 Marcham Hall BOARD OF TRUSTEES 7:00 p.m. MONTHLY MEETING Present: Mayor Woodard; Trustees: Biloski (joined at 7:34 p.m.), Friend, Marshall, McMurry, Robinson, and Salton; Police Chief Steinmetz; Superintendent of Public Work Cross; Assistant Superintendent of Public Works Wiese; Treasurer Mangione; Clerk Walker, and Attorney Marcus. Call to Order: Mayor Woodard calls the meeting to order at 7:03 p.m. 1. Approval of Meeting Minutes: February 6, 2018 Resolution #8208 15 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees approves the February 6,2018 meeting minutes as presented. Motion: Trustee Salton Second: Trustee McMurry Ayes: Mayor Woodard; Trustees: Friend, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none Motion Carried 2. Approval of Meeting Minutes: April 2, 2018 Resolution #8209 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees approves the April 2, 2018 Organizational Meeting Minutes as presented. Motion: Trustee Friend Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Friend, Marshall, McMurry, and Robinson Nays: none Abstentions: Salton Motion Carried 3. Report of Fire Superintendent Tamborelle: Submitted Report (Exhibit 2019-001) Resolution #8220 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees approves the following Cayuga Heights Fire Department Slate of Officers as voted on by the Cayuga Heights Fire Company and approved by the Cayuga Heights Fire Department Fire Council. Fire Chief George Tamborelle Assistant Fire Chief Joe Price Assistant Fire Chief John Putnam Assistant Fire Chief Robert Shepherd Lieutenant Blake Berger Lieutenant Brendan Bloodnick Lieutenant Devin Savoy Lieutenant Michael Garrett Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Friend, Marshall, McMurry, Robinson, and Salton Nays: none 16 Abstentions: none Motion Carried Police Chief Steinmetz would like to recognize Officer D. Tier III Trustee Salton offers to read the Resolution. Resolution # 8210 RESOLUTION HONORING POLICE OFFICER DANIEL TIER III UPON HIS RETIREMENT WHEREAS, Daniel Tier III was hired as a Police Officer for the Village of Cayuga Heights in April of 1986; and WHEREAS, prior to joining the Cayuga Heights Police Department, Officer Tier served as a Police Officer with the Dryden Police Department where he earned the rank of Sergeant; and WHEREAS, Officer Tier is currently serving with the City of Ithaca Fire Department since 1987 where he has earned the rank of Assistant Chief; and WHEREAS, Officer Tier has been involved in many law enforcement and community organizations, was actively involved with the Dryden Volunteer Fire Department, was a member of the Dryden Town Board; and WHEREAS, Officer Tier, and his wife Sharon, have supported law enforcement, fire, emergency medical services, and other first responder efforts for many years; and WHEREAS, Officer Tier’s public service and community involvement has inspired his son, Nicholas Tier, to follow in his footsteps and is serving as a member of the Ithaca Fire Department. NOW, THEREFORE, BE IT RESOLVED that the Village Board of Trustees does hereby commend and thank Officer Daniel Tier for many years of dedicated law enforcement service, and especially for his dedication and positive contributions to the Cayuga Heights Police Department and wishes him a healthy and enjoyable retirement. Motion: Trustee Salton Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Friend, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none Motion Carried 4. Justice Court Annual Report: Submitted Report (Exhibit 2019-002) Mayor Woodard asked why is there a decrease in the number of court cases in the annual report. Chief Steinmetz suggested the Police Department is being more proactive, and people know not to speed through the Village of Cayuga Heights. The amount of uncollected fees has gone down. there is around $30,000 over the last 30 years. Court Clerk Kannus sent out a firm letter requesting delinquent payments, and to date the court has recovered about 50% of the outstanding funds. The acceptance of credit cards has helped reduce the outstanding amounts owed. The Justice report only lists cases once they are closed. 5. Report of Mayor: Trustee Bioski arrived at 7:34 p.m. 17 a. Public Hearing on the proposed 2018-2019 fiscal year budget: Mayor Woodard opens the Public Hearing at 7:34 p.m. No members of the public wished to speak. Mayor Woodard closes the Public Hearing at 7:35 p.m. Resolution #8211 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, 2019 and approves the proposed budget as presented. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none Motion Carried b. Traffic Study: The Village of Cayuga Heights Planning Board reviewed 7 engineering studies submitted to the Village of Cayuga Heights to study traffic patterns and potential improvements to the two intersections near Community Corners. Based on the Planning Board’s recommendations a sub-committee will invite the 3 firms to conduct a presentation. Trustee Salton inquired about Cornell’s North Campus development and Cornell helping with the traffic study. Superintendent of Public Works, B. Cross will ask Cornell University if there is any funding to put towards traffic studies. Trustee Marshall reminded the Board that the Cayuga Medical Center Project traffic studies were designed to project impacts not offer a solution. c. WWTP: There is a conference call on Wednesday with GHD to discuss financing, grants and bonding. The first phase, Headworks project will need approval from the Board at next Board of Trustees meeting. Trustee Robinson updated the Board on the WWTP contract with the management company- Yaws. Over the course of this year the WWTP Committee has been keeping tabs on the Yaws and their management team. It is the recommendation of the WWTP Committee that we extend the contract for another year without any increase in the monthly rate. The Board will vote on this at next month’s Board of Trustees meeting. d. New Water Rate: After review by the Village of Cayuga Heights Finance Committee it is recommended to raise the annual water rates. RESOLUTION: 8212 WHEREAS, the Village of Cayuga Heights is served by the Southern Cayuga Lake Intermunicipal Water Commission; and WHEREAS, the Village of Cayuga Heights has 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 18 WHEREAS, pursuant to the Agreement, the Village of Cayuga Heights 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 quarterly 5,000 gallon minimum; and WHEREAS, the Commission has established a flat rate charge of four dollars and ninety-six cents ($4.96) per 1,000 gallons and a Village surcharge is 101.6% of that, which is five dollars and four cents ($5.04), equaling [a total of] $10.00 per 5000 gallons NOW, THEREFORE, BE IT RESOLVED THAT, the Village of Cayuga Heights Board of Trustees establishes that the foregoing rate will be the rate charged for all regular quarterly bills sent after June 1, 2018 Motion: Trustee Friend Second: Trustee McMurry Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none Motion Carried e. Sewer Rate: The purpose of this Proposes Local Law is to establish annual sewer rates. RESOLUTION: 8213 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees hereby schedules a Public Hearing on May 21, 2018 at 7:00 p.m. at Marcham Hall on the Proposed Local Law to establish new sewer rates of $2.51/1000 gallons of waste water treated from premises located within the Village and $3.72/1000 gallons of waste water treated from premises located outside the Village. Motion: Robinson Second: Salton Ayes: Mayor Woodard; Trustees: Friend, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none Motion carried f. Emerald Ash Borer: This invasive beetle has been found in Fall Creek and kills all types of ash trees. Currently there is no cure and treatment could help delay the destruction. The Fiscal year 2018-2019 Budget has $1000 to spend on treatment. Treatment involves 2 options: cutting them down or injecting them with an insecticide. The Village has over 100 ash trees in the Village right away. The City of Ithaca has a contractor who can treat 9 of our selected trees for $1000.00. Village residents can also get a reduced price for treatment of ash trees on private property. RESOLUTION: 8214 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees authorizes Mayor Woodard to sign a contract with Integral Tree and Landscape Company of Stanfordville, NY to treat 9 ash trees (149 inches) at $6.71 per inch. Motion: Trustee Robinson Second: Trustee Biloski Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton Nays: none 19 Abstentions: none Motion carried g. Zoning Law Amendment- Certified Mailing Return Receipt Request RESOLUTION: 8215 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees hereby schedules a Public Hearing on May 21, 2018 at 7:05 p.m. at Marcham Hall on the proposed changes to the Zoning Law eliminating the certified mail return receipt request required in the current law for notification of property owners of a site plan review, subdivision, or variance within 200 feet of the applicant’s property. Motion: Trustee Marshall Second: Trustee Friend Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none Motion carried h. Zoning Law Amendment- number of people allowed to reside in a dwelling in the Multi-Housing Zone The current Zoning Law is unclear as to how many people are allowed per bedroom in the multi-housing district. Attorney Marcus stated that this topic was focused on in January before the draft Zoning Law was finalized. A client of R. Marcus wanted to find out the number of occupants allowed in a multi-housing dwelling. It was unclear and needed to be defined in the Zoning Law adopted on February 6, 2018. Trustee McMurry stated that this approach is different than the original language which did not set a specific limit on the number of people allowed to occupy a dwelling in a multi-housing district. The only limitation on occupants in the current Zoning Law was based on Building Code and had no numerical limit on the number of occupants. B. Cross stated that there is a potential applicant who had a plan for a particular property in the Village, 306 Highland for a 2-unit dwelling in the multi-housing district with one common living area and multiple bedrooms. Trustee McMurry asked how that is different from a Boarding House or Rooming House? The new language states there cannot be more than 4 bedrooms per unit. RESOLUTION: 8216 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees authorizes the scheduling of a Public Hearing on May 21, 2018 at 7:10 p.m. at Marcham Hall on proposed changes in the language of the Zoning Law to clarify the number of residents per bedroom in the multi-housing zone. Motion: Trustee McMurry Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none 20 Motion carried i. Chickens: Mayor Woodard would like to allow chickens to have daily free range within a fenced yard. Trustee Salton would like to see a final version of the proposed chicken law at the next Board of Trustee meeting. 6. Report of the Trustees: •Trustee McMurry would like the Village to waive the special event fee for the Cayuga Heights Elementary School PTA- Bike to School Day to be held on June 1, 2018. RESOLUTION: 8217 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees waives the special event fee for the Bike to School Day on June 1, 2018 from 7:00 a.m. to 9:00 p.m. Motion: Trustee Salton Second: Trustee Biloski Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, Robinson, and Salton Nays: none Abstentions: McMurry Motion carried c. Bicycle Law: Currently it is prohibited to ride a bicycle on an Village sidewalk. This proposed local law would allow anyone 12 years old and under to ride on the sidewalk. RESOLUTION: 8218 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees schedules a Public Hearing on May 21, 2018 at 7:15 p.m. at Marcham Hall on the proposed law regarding riding bicycles on sidewalks. Motion: Trustee Biloski Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none Motion carried 7. Report of Police Chief Steinmetz: Submitted report (Exhibit 2019-006) Cayuga Heights Police Department use to offer bicycle safety training. • The new Tahoe purchase was covered at last month’s meeting. • Explorer auction results were lower than expected, but still is still worth accepting the bid from the auction. RESOLUTION: 8219 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees authorizes Mayor Woodard to sign the Teitsworth Inc. auction settlement price of $8,600.00 for the decommissioned 2013 Ford Explorer Vin # 1FM5K8ARXDGC92051 Motion: Trustee Salton Second: Trustee Friend 21 Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none Motion carried Mayor Woodard informed the Board that the Police Contract is in the final stages of negotiations 8. Report of Village Engineer Cross: • A quote for Village Hall gutters was around $60,000 and B. Cross is looking for another contractor to bid the work. •GHD will be conducting a Village infiltration and inflow study this Thursday. 9. Report of ASPW Wiese: •Drainage issues will be the main focus of the D.P.W. for the next few weeks. • MATCO will need to come and install a disconnect switch in order to prevent the Air Compressor from stopping the back-up electric generator for the building. •Seneca Paving Company gave us a better price for paving North Triphammer Road. and we accepted the quote. Paving should start in May. 10. Report of the Treasurer Mangione: Submitted Report (Exhibit 2019-007) RESOLUTION: 8221 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees approves Abstract #11 for FYE2018 consisting of TA vouchers 113-121 in the amount of $17,425.11 and Consolidated Fund vouchers 790- 876 in the amount of $227,838.41 and the Treasurer is instructed to make payments thereon. Motion: Trustee Robinson Second: Trustee Friend Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none Motion carried 11. Report of Clerk Walker: • Working on the transition to Clerk and roles with Informational Aide Johnson who is now the Village Deputy Clerk. 12.Adjournment: Mayor Woodard adjourns the meeting at 10:00 p.m. EXHIBIT 2019-105 Minutes VILLAGE OF CAYUGA HEIGHTS Monday, July 16, 2018 Marcham Hall BOARD OF TRUSTEES 7:00 p.m. 22 MONTHLY MEETING Present: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton; Police Sergeant Wright; Superintendent of Public Work Cross; Assistant Superintendent of Public Works Wiese; Treasurer Mangione; Clerk Walker. Absent: Attorney Marcus, Trustee Friend Call to Order: Mayor Woodard calls the meeting to order at 7:05 p.m. 1. Report of Fire Superintendent Tamborelle: Submitted Report (Exhibit 2019-042) 2. Privilege of the Floor- No members of the Public wished to speak 3. Report of Mayor: a. Public Hearing on Proposed LL – G: To allow the keeping of chickens in the Village. Mayor Woodard opens the Public Hearing at 7:06 p.m. Resolution #8261 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees opened the Public Hearing on Proposed LL -G of 2018 at 7:06 p.m. Motion: Trustee McMurry Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none Motion carried Discussion: •Village resident, Connie Kintner, has been raising chickens for 15 years in the Village. She stated she would like to see the proposed law modified to allow, free range chickens in the back yard during the daytime and not just in a run or coop. •Dr. Peter Schwartz, raised a question about chickens and if they were free range what kind of problems that might create with neighbors and their pets, especially barking dogs. •Another member of the public suggested the proposed law just state: A property owner can have chickens as long as the neighbors do not object. 23 Village Resident, Elizabeth Goldberg stated that her family has chickens for the fresh eggs and to control the ticks on their pets and children. When they first got chickens, they talked with their neighbors and made sure everyone has been informed. To this day no one has a problem with them owning chickens. Mayor Woodard closed the public hearing at 7:15 p.m. Discussion: •Mayor Woodard would like the proposed Local Law to be more specific, on runs, coops and definition of - “free range”. •Trustee Robinson, stated this local law is a compromise, and is the best thing given what we have right now. •Trustee Marshall stated that more space is better for the chickens and tick control. •B. Cross stated, as the Village Zoning Officer, he has had very few complaints about those residents with chickens in the Village. Resolution #8262 24 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees adopts Local Law- G of 2018 as Local Law # 7 of 2018. VILLAGE OF CAYUGA HEIGHTS DRAFT PROPOSED LOCAL LAW G OF THE YEAR 2018 A LOCAL LAW TO AMEND THE VILLAGE OF CAYUGA HEIGHTS ZONING LAW SECTIONS 3.3, “DEFINTIONS,” AND 5.3, “PERMITTED ACCESSORY BUILDINGS AND USES” IN THE RESIDENCE ZONE TO PERMIT THE KEEPING OF CHICKENS 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 add to the permitted uses in the Residence Zone, as set forth in the Zoning Law (the “Zoning Law”) of the Village of Cayuga Heights (the “Village”) the use of keeping chickens. The final version of the Village’s new Zoning Law, adopted as of February 6, 2018, did not include keeping chickens as a permitted use, although this use was contemplated and discussed in prior proposed drafts of the Zoning Law. The Village’s Board of Trustees has determined that the use of keeping chickens in the Residence Zone should be a permitted use in accordance with certain stated conditions, requirements and limitations. The purpose of this Local Law is to add this permitted use and these conditions, requirements and limitations by adding such provisions to Zoning Law Section 5.3 and by adding two definitions to Zoning Law Section 3.3. SECTION II AUTHORITY This Local Law is enacted pursuant to the grant of powers to local governments provided in Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provision of the New York State Constitution and not inconsistent with any general law relating to its property, affairs, government or other subjects provided for in said Section 10 of the Municipal home Rule Law. 25 SECTION III AMENDMENT OF ZONING LAW SECTION 3.3, “DEFINTIONS” The two following definitions are hereby added to Zoning Law Section 3.3, “Definitions”: COOP, CHICKEN An enclosed, raised structure for housing and sheltering chickens that is designed to be predator proof, ventilated, watertight, and easily accessed and cleaned, with a minimum of four (4) square feet per chicken and a maximum size of thirty (30) square feet. RUN, CHICKEN An enclosed, fenced area for containing and allowing chickens to roam and eat that is designed to be predator proof and easily accessed and cleaned, with a minimum area of ten (10) square feet per hen. SECTION IV AMENDMENT OF ZONING LAW SECTION 5.3, “PERMITTED ACCESSORY BUILDINGS AND USES” IN THE RESIDENCE ZONE The following text is hereby added to Zoning Law Section 5.3, “Permitted Accessory Buildings and Uses” in the Residence Zone, as subsection “K” thereof: K. The keeping of chicken hens (hens), but no roosters nor other type of poultry, for personal use only, subject to the following conditions: 1. A maximum of six (6) hens per property; 2. Hens must be kept in an enclosed coop that is locked every night with a minimum enclosed coop size of four (4) square feet per hen and a maximum coop size of thirty (30) square feet; 3. Hens shall have access to a run which must be fenced with a minimum run size area of ten (10) square feet per hen; 4. Coops and runs shall be located in a side or rear yard with a minimum setback of twenty-five (25) feet from the lot line; 5. All dead, diseased, or severely ill hens shall be properly disposed of immediately; 6. Cruel treatment of hens is prohibited; 7. Any coop, run, and fencing deemed to be in poor condition by the Village's Code Enforcement Officer must be repaired as soon as possible; 8. Hen feces not properly disposed of and any objectionable odor shall be considered health hazards and must be remedied immediately; 26 9. Hens may not run loose outside the coop or run. SECTION V SUPERSEDING EFFECT All Local Laws, Articles, resolutions, rules, regulations and other enactments of the Village of Cayuga Heights in conflict with the provisions of this Local Law are hereby superseded to the extent necessary to give this Local Law full force and effect. Without limiting the foregoing, to any extent that the terms of the Zoning Law of the Village of Cayuga Heights are deemed to be in conflict with the requirements of this Local Law, the terms of this Local Law shall govern and control. SECTION VI PARTIAL INVALIDITY. In the event that any portion of this Local Law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. SECTION VII EFFECTIVE DATE. This Local Law shall be effective immediately upon filing in the office of the New York State Secretary of State, except that it shall be effective from the date of its service as against a person served with a copy thereof, certified by the Village Clerk, and showing the date of its passage and entry in the Minutes of the Village Board of Trustees. Motion: Trustee McMurry Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, Marshall, McMurry, and Robinson Nays: none Abstentions: Trustee Salton Motion carried b. Schedule a Public Hearing on Proposed Local Law -H. 2018, No Parking on West Remington Road. Assistant Superintendent of Public Works Wiese stated that West Remington Road is a very narrow. West Remington Road only has 3 houses and very little traffic. In the past the Department of Public Works placed temporary no parking signs up on West Remington Road during special events held in the City of Ithaca. Resolution #8263s BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees hereby schedules a Public Hearing to be conducted on August 21, 2018 at 7:00 p.m. at Marcham Hall on Proposed Local Law H-2018. Motion: Trustee Biloski Second: Trustee Marshall 27 Ayes: Mayor Woodard; Trustees: Biloski, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none Motion carried f. Parking in the Right of Way (ROW): Mayor Woodard asked the public to address whether parking should be more strictly enforced in the Village Right of Way. Masha Fontas- Read the 2 emails she sent to the Village Board of Trustees. Submitted Emails: 1. I live at 811 Hanshaw. There is a sidewalk in front of my house. Visitors to my house, as well as the houses across the street, have typically parked in the ROW between the white line and the sidewalk. This way, they are not blocking pedestrians and they are not blocking road traffic. The ROW on the non-sidewalk side of the street does not have enough room for cars to park FULLY beyond the white line, because of ditches and hedges. If the Village police ticket cars parked in this way, where CAN the cars legally park? The driveways on this block are not large enough to accommodate visitors and contractors. And as a note...Regarding the photo in the e-newsletter - ... the line of vehicles parked on the grass between the sidewalk and the white line appear to be parked in the only way that does not interfere with moving vehicles and pedestrians. Are you saying that they are actually parked illegally? Where should they be parked? Thank you for your kind attention to my concerns. Masha Fontes 2. I am responding to the statement in the Village e news "... this does not mean your guests can park in your neighbor's ROW without their permission. " The ROW does not belong to me or any other Village resident. It is owned by the Village and is in fact an extension of the roadway. I believe that only the Village can forbid parking on Village land. I have been a Village resident and homeowner for 27 years. I live at 811 Hanshaw Road. People have always parked in front. They also stroll there. They also "walk" their dogs there. The strip is part of the road which is owned by the Village, and, like the road, available to the public. When I purchased my house 27 years ago, it was very clear to me that my property ends at a line defined by stakes that were placed in the ground and described in my deed. This line is indeed some distance from the road center, and between this line and the road's edge there are plantings, a sidewalk, a fire hydrant and a grassy/gravelly shoulder. It would never occur to me that members of the public should ask my permission to park or walk on this land. They also do not seek my permission to walk their dogs or to allow their dogs to relieve themselves. The land does not belong to me. 28 It seems absurd that anyone should seek my permission to use public land that is located in front of my house, or that I should do the same when visiting another village resident. Please do not encourage other homeowners to behave as if they own the ROW. The ROW is not an easement over private property. It belongs to the Village. No homeowner should have the right to forbid parking on Village property. Sincerely, Masha Fontes Mayor Woodard reminded the public that residents are required to maintain the ROW. The goal of this discussion is to find out where the residents stand on the parking issue. Dr. Peter Schwartz stated he maintains the ROW, has people park in the ROW, many people park throughout the Village in this way. We should have the right to park if we maintain the ROW. Snowplows, USPS, trucks all have contributed to the damage, and each time he fixes the damage. Mayor Woodard stated, one of the main issues that has come to the Board’s attention are the “things” people are putting in the ROW to prevent parking. Village resident Paul Ginsparg stated, he has great sympathy for those trying to stop or block people from parking in the ROW. He lives next to the Cornell University President’s house, which host’s large gatherings a few times a year and cars always parked in his ROW. Rons Bors: I don’t think the landowner should have to fix damage to the ROW, snowplows tend to cause a lot of damage. Some kind of marker in the ROW would be helpful to prevent damage. Paul Ginsparg asked why there are no parking signs on Highland Road, which is inconsistent with the rest of the Village. B. Cross stated, that this is an unintentional discrepancy due to a road structure change. The idea is to prohibit parking on the side of the road with a curb and sidewalk. When the Highland Road curb was installed, the parking signs were not changed. Dr. Peter Schwartz suggested the Board look into a permit process for parking in the ROW, or passage of a standardize device (pole marker) to prevent parking in the ROW. Trustee Robinson stated that markers or other types of barriers in the ROW are what led to this discussion of parking issues. The Cayuga Heights Police Department has been issuing parking warnings for parking in the ROW over the last 3 weeks. Sergeant Wright stated that the main focus of the ticketed vehicles was safety concerns, not hazards. Mayor Woodard stated the Board will continue the discussion at next month’s Board of Trustees Meeting. Trustee Robinson recommends suspending warning tickets until the Board can all agree to a better understanding of the issue. Trustee McMurry asked, prior to the vote on Proposed LL -G of 2018 was the GML 239 sent to the municipalities. Further investigation revealed the Village had not sent it. A revote of Proposed LL -G of 2018 will be rescheduled for the August Board Meeting. 29 c. Board of Trustees meeting change to August 21st at 7:00 pm Mayor Woodard proposed rescheduling the August BOT meeting to accommodate some Trustee’s travel schedules. Resolution #8264 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees authorizes the Mayor to change the Board of Trustees monthly August meeting to August 21, 2018 at 7:00 p.m. at the Cayuga Heights Fire Department. Motion: Trustee Salton Second: Trustee Biloski Ayes: Mayor Woodard; Trustees: Biloski, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none Motion carried d. $5,000.00 NYSERDA Grant The Village was awarded a Clean Energy Communities Grant for accomplishing several benchmarks and initiatives to making the Village a Clean Energy Community. B. Cross noticed the exterior wood and framing is deteriorating on Marcham Hall and could be a source of energy loss. Another possibility is a cooling system for the meeting room of Marcham Hall. Mayor Woodard suggested the money be put towards the windows at Village Hall. e. Firewood Changes: The Board decided not to add or change language regulating firewood in the current Zoning Law at this time. 4. Report of the Trustees Trustee Robinson attended an NYSEG Outreach and Discussion and Smart Meter experiment meeting. The installation of the meters went well, however the post installation and impact of the advisory group was an issue. NYSEG took a big publicity hit. Trustee McMurry stated she will get TAP draft review feedback this week, and the final submission will be completed by Friday August 10, 2018. Trustee Biloski informed the Board that we will be sending General Code the language on unsafe buildings. 5. Report of Police Sergeant Wright: Submitted Report (Exhibit 2019-045) Submitted Report. The new 2018 Chevy Tahoe will start to be equipped later this month. 6. Report of ASPW Wiese: The subbase on the Parkway is to be installed tomorrow, drainage will be going in the next two weeks. Upland intersection will take the drainage. Mechanisms are going into place to make sure the water drains off properly. Highland Road project is completed. Sidewalks are finished. A question was raised about putting in solar lights for walkway over the creek. There are 30 posts and could alternate posts with a solar light. Cost should be around $300.00 30 Drain Brain spent some time last week to camera a few off road sewer lines. Mike will email the Board with the results sometime next week. Mayor Woodard reported on July 30th SCLIWC will meet and discuss the Infill &Infiltration report and Mike should submit the video footage from Drain Brain. There will be some crosswalk stripping and sidewalk repairs over the next few weeks. 7. Report of Village Engineer Cross: a. NYSEG Buyout- Terry Carroll from NYSERDA is converting information from NYSEG to Excel and conducting his own street light inventory in the Village. The City of Ithaca is moving forward with replacing their street lights and hopefully they will be able to work through all the issues. There will be more to report at the August BOT meeting. b. Airbnb update: About 17 listings have either paid the permit or are in the process of taking their listings down. There are still about 3 locations that have not been found. Fines will be the next thing to mailed. More and more municipalities are following up and creating regulation to control of short term rentals in residential communities. c. HSC has quoted the heater / AC unit in the older side of the Police Station. The unit is working fine but has a condensation issue. 8. Report of the Treasurer Mangione: Submitted Report (Exhibit 2019-056) a. Mortgage tax revenue- The reports is generated by the number of properties sold in the village. b. July Abstract: RESOLUTION #8265 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves Abstract #2 for FYE2019 consisting of TA voucher 2 - 10 in the amount of $17,331.07 and Consolidated Fund vouchers 26 - 101 in the amount of $273,979.43 and the Treasurer is instructed to make payments thereon. Motion: Trustee Salton Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none Motion carried 9. Report of the Clerk a. Constellation Contract: (Exhibit 2019-049) After review of the variable rate, the average is a lot less than the fixed rate offered in the contract. b. 1010 Triphammer Road Resolution: 31 Board approval is required to add a new address to establish a 911 designation. The owners of 1012 Triphammer Road. requested that their newly subdivided property be designated as 1012 Triphammer Road. RESOLUTION #8266 WHEREAS, the Tompkins County Department of Emergency Response (DoER) oversees emergency dispatch and communications systems that allow residents to dial 911, and; WHEREAS, 911 is the number to report a police, fire, or medical emergency that requires the immediate presence of police officers, fire fighters, or emergency medical personnel, and; WHEREAS, new address designations are approved by a municipality’s governing body. NOW, THEREGORE, BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves 1012 Triphammer Road. Tax Parcel 10-3-6.1 as a new designated address. Motion: Trustee Salton Second: Trustee Biloski Ayes: Mayor Woodard; Trustees: Biloski, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none Motion carried 10. Executive Session RESOLUTION: #8267 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees enters into an executive session (F) for 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 Motion: Trustee Robinson Second: Trustee McMurry Ayes: Mayor Woodard; Trustees: Biloski, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none Motion carried RESOLUTION #8268 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees exits from an executive session at 10:03 p.m. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none Motion carried 32 11. Adjournment: Mayor Woodard adjourns the meeting at 10:04 p.m. EXHIBIT 2019-106 Minutes VILLAGE OF CAYUGA HEIGHTS Tuesday, August 21, 2018 Ronald E. Anderson Fire Station BOARD OF TRUSTEES 7:00 p.m. MONTHLY MEETING Present: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, Police Chief Steinmetz; Superintendent of Public Work Cross; Assistant Superintendent of Public Works Wiese; Treasurer Mangione; Clerk Walker; Attorney Marcus. Absent: Trustee Salton Call to Order: Mayor Woodard calls the meeting to order at 7:01 1. Approval of Meeting Minutes: August 2, 2018 Resolution # 8272 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees approves the August 2, 2018 Meeting Minutes as presented. Motion: Trustee McMurry Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, and Robinson Nays: none Abstentions: none Motion carried 2. Report of Fire Superintendent Tamborelle: Submitted Report (Exhibit 2019-051) Fire Superintendent Tamborelle reported that CHFD will be decommissioning the Dodge Durango and putting in a purchase order for a 2019 Tahoe. 3. Privilege of the Floor Mr. Tom McCarthy, a long-time resident of the Village and developer of the North Sunset Trail, was hospitalized for about a year from a ski accident. He is present to address the Board in protest of the late fee on his property tax bill. Mayor Woodard informed Mr. McCarthy that, unfortunately New York State law overrides the Board of Trustees ability to waive any interest and fees. 33 Mr. John McCarthy stated that Remington Rd. is in bad shape and would like to know when the Village is going to address the potholes. Superintendent of Public Works, B. Cross, stated that the road was reopened in 1992 and the bare minimum was done to the road. It’s beyond a patch job. The road needs repaving and this particular road is not high on the list due to low traffic. 4. Report of Mayor a. Public Hearing Proposed L.L.- H No Parking on West Remington Road •Mayor Woodard Opened Public Hearing at 7:08 p.m. -There is no discussion or comments from the public. •Mayor Woodard Closes the Public Hearing at 7:09 p.m. • Pursuant to GML 239 M, Tompkins County reviewed the law and saw no impact. •This is a Type II action under SEQR 617.5(c) (16), installation of traffic controls devises on existing streets, roads and highways. Resolution # 8273 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees adopts Proposed Local Law – H as Local Law # 8 of 2018. VILLAGE OF CAYUGA HEIGHTS PROPOSED LOCAL LAW 8 OF THE YEAR 2018 AMENDMENT OF SECTION 7, “PARKING, STANDING AND STOPPING,” OF ARTICLE IV, “TRAFFIC CONTROL,” OF THE ARTICLES OF THE VILLAGE OF CAYUGA HEIGHTS, ADOPTED AS LOCAL LAW NUMBER 3 OF 1991 CONCERNING W. REMINGTON ROAD BETWEEN NORTH SUNSET ROAD AND EAST SHORE DRIVE Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows: SECTION I PURPOSE AND INTENT 34 The purpose of this Local Law is to establish that no parking, standing or stopping is permitted on W. Remington Road between North Sunset Road and East Shore Drive. The Board of Trustees of the Village of Cayuga Heights (the “Village”) has determined that to potentially enhance the safety of operators of motorized and non- motorized vehicles, as well as pedestrians, no vehicles should be parked, left standing or stopped on W. Remington Road between North Sunset Road and East Shore Drive. The intent of this Local Law is to amend Section 7, "Parking, Standing and Stopping," of Article IV, “Traffic Control,” of the Articles of the Village, adopted as Local Law Number 3 of the Year 1991. SECTION II AUTHORITY This Local Law is enacted pursuant to the grant of powers to local governments provided for in (i) Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provisions of the New York State Constitution or not inconsistent with any general law relating to its property, affairs, government or other subjects provided for in said Section 10 of the Municipal Home Rule Law, (ii) Section 10 of the Statute of Local Governments and (iii) Article 5-J of the General Municipal Law. SECTION III AMENDMENT OF SECTION 7, “PARKING, STANDING AND STOPPING,” OF ARTICLE IV, “TRAFFIC CONTROL,” OF THE ARTICLES OF THE VILLAGE OF CAYUGA HEIGHTS, ADOPTED AS LOCAL LAW NUMBER 3 OF THE YEAR 1991. As of the effective date of this Local Law, the following text will is hereby added as subsection b(2)(ss) to Section 7, “Parking, Standing and Stopping,” of Article IV, “Traffic Control,” of the Articles of the Village of Cayuga, adopted as Local Law Number 3 of the year 1991: b (2) (ss) On both sides of W. Remington Road between North Sunset Road and East Shore Drive 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. 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. 35 This Local Law shall be effective immediately upon filing in the office of the New York State Secretary of State, except that it shall be effective from the date of its service as against a person served with a copy thereof, certified by the Village Clerk, and showing the date of its passage and entry in the Minutes of the Village Board of Trustees. Motion: Trustee Robinson Second: Trustee Friend Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, and Robinson Nays: none Abstentions: none Motion carried b. Re-Vote Proposed L.L.- G Chickens: At the July Board of Trustees meeting, it was determined that the Village did not notify the County as required under GML 239 M. Since then, Tompkins County was notified and stated that there was no impact. Resolution # 8274 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees adopts Local Law – G as Local Law # 7 of 2018. VILLAGE OF CAYUGA HEIGHTS PROPOSED LOCAL LAW 7 OF THE YEAR 2018 A LOCAL LAW TO AMEND THE VILLAGE OF CAYUGA HEIGHTS ZONING LAW SECTIONS 3.3, “DEFINTIONS,” AND 5.3, “PERMITTED ACCESSORY BUILDINGS AND USES” IN THE RESIDENCE ZONE TO PERMIT THE KEEPING OF CHICKENS 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 add to the permitted uses in the Residence Zone, as set forth in the Zoning Law (the “Zoning Law”) of the Village of Cayuga Heights (the “Village”) the use of keeping chickens. The final version of the Village’s new Zoning Law, adopted as of February 6, 2018, did not include keeping chickens as a permitted use, although this use was contemplated and discussed in prior proposed drafts of the Zoning Law. The Village’s Board of Trustees has determined that the use of keeping chickens in the Residence Zone should be a permitted use in accordance with certain stated conditions, requirements and limitations. The purpose of 36 this Local Law is to add this permitted use and these conditions, requirements and limitations by adding such provisions to Zoning Law Section 5.3 and by adding two definitions to Zoning Law Section 3.3. SECTION II AUTHORITY This Local Law is enacted pursuant to the grant of powers to local governments provided in Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provision of the New York State Constitution and not inconsistent with any general law relating to its property, affairs, government or other subjects provided for in said Section 10 of the Municipal home Rule Law. SECTION III AMENDMENT OF ZONING LAW SECTION 3.3, “DEFINTIONS” The two following definitions are hereby added to Zoning Law Section 3.3, “Definitions”: COOP, CHICKEN An enclosed, raised structure for housing and sheltering chickens that is designed to be predator proof, ventilated, watertight, and easily accessed and cleaned, with a minimum of four (4) square feet per chicken and a maximum size of thirty (30) square feet. RUN, CHICKEN An enclosed, fenced area for containing and allowing chickens to roam and eat that is designed to be predator proof and easily accessed and cleaned, with a minimum area of ten (10) square feet per hen. SECTION IV AMENDMENT OF ZONING LAW SECTION 5.3, “PERMITTED ACCESSORY BUILDINGS AND USES” IN THE RESIDENCE ZONE The following text is hereby added to Zoning Law Section 5.3, “Permitted Accessory Buildings and Uses” in the Residence Zone, as subsection “K” thereof: K. The keeping of chicken hens (hens), but no roosters nor other type of poultry, for personal use only, subject to the following conditions: 1. A maximum of six (6) hens per property; 2. Hens must be kept in an enclosed coop that is locked every night with a minimum enclosed coop size of four (4) square feet per hen and a maximum coop size of thirty (30) square feet; 3. Hens shall have access to a run which must be fenced with a minimum run size area of ten (10) square feet per hen; 4. Coops and runs shall be located in a side or rear yard with a minimum setback of twenty-five (25) feet from the lot line; 5. All dead, diseased, or severely ill hens shall be properly disposed of immediately; 37 6. Cruel treatment of hens is prohibited; 7. Any coop, run, and fencing deemed to be in poor condition by the Village's Code Enforcement Officer must be repaired as soon as possible; 8. Hen feces not properly disposed of and any objectionable odor shall be considered health hazards and must be remedied immediately; 9. Hens may not run loose outside the coop or run. SECTION V SUPERSEDING EFFECT All Local Laws, Articles, resolutions, rules, regulations and other enactments of the Village of Cayuga Heights in conflict with the provisions of this Local Law are hereby superseded to the extent necessary to give this Local Law full force and effect. Without limiting the foregoing, to any extent that the terms of the Zoning Law of the Village of Cayuga Heights are deemed to be in conflict with the requirements of this Local Law, the terms of this Local Law shall govern and control. SECTION VI PARTIAL INVALIDITY. In the event that any portion of this Local Law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. SECTION VII EFFECTIVE DATE. This Local Law shall be effective immediately upon filing in the office of the New York State Secretary of State, except that it shall be effective from the date of its service as against a person served with a copy thereof, certified by the Village Clerk, and showing the date of its passage and entry in the Minutes of the Village Board of Trustees. Motion: Trustee McMurry Second: Trustee Biloski Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, and Robinson Nays: none Abstentions: Trustee Friend Motion carried c. Brian Eden: Mr. Eden is on the Environmental management counsel for the Village. •There is a large proposed Varna housing development. The Freeze Road bridge if reconstructed will become a 2- lane bridge. • NYSEG has not formally dropped the natural gas compressor stations project, but by the next quarter the Village should have an official letter from NYSEG. d. NYSERDA 38 •Terry Carrol who is the County’s Clean Energy Community Coordinator from NYSERDA has been mapping the street lights in the village. • Terry Carrol’s staff have found 276 street lights that are an exact match with NYSEG list. There are still 16 streets lights that are unaccounted for. •The City of Ithaca is using George Woodbury who has helped municipalities negotiate buyouts with NYSEG. He will be able to evaluate the proposal from NYSEG and offer suggestions on how to proceed with a buyout from NYSEG. •Trustee Robinson would be interested in the locations of street lights that are not working. Terry Carroll stated that the GIS mapping system also has the capability to import photos. •Trustee Marshall asked how NYSEG can be charging full market value on depreciated street lights. Terry Carroll responded that NYSEG has found unique ways to get around that issue. e. Chief Steinmetz Resolution: Chief Steinmetz will be retiring on August 30th, 2018. HONORING POLICE CHIEF STEINMETZ UPON HIS RETIREMENT RESOLUTION # 8275 WHEREAS, James M. Steinmetz was hired as a Police Officer for the Village of Cayuga Heights in September of 1994; and WHEREAS, prior to joining the Cayuga Heights Police Department, Officer Steinmetz served as a Campus Police Officer with Ithaca College; and WHEREAS, Officer Steinmetz served as Village Police Officer until 2007, where he was promoted the rank of Sergeant and, whereas in 2012 Sergeant Steinmetz was promoted to Police Chief, and served with honor and distinction; and WHEREAS, Chief Steinmetz’s hallmarks have been supporting law enforcement, fire, emergency medical services, and other first responder efforts; and WHEREAS, The Village of Cayuga Heights desires to enter into the record in honor James M. Steinmetz for his steadfast public service; and NOW, THEREFORE, BE IT RESOLVED that the Village Board of Trustees does hereby commend and thank Police Chief Steinmetz for many years of dedicated law enforcement service, and especially for his dedication and positive contributions to the Cayuga Heights Police Department and wishes him a healthy and enjoyable retirement. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, and Robinson Nays: none Abstentions: none Motion carried Chief Steinmetz stated that it has been an honor and privilege to serve the Board and community. f. Traffic Consultant Results: 39 •The review committee selected Bergmann & Associates engineering team to conduct the Community Corners traffic study. The Bergmann engineering team was more engaging and understood the complexities and “real world” trade-offs involved. •Another distinction was the updated software which incorporated the pedestrian models in the study. This firm is also willing to wait for the Village developments of Cayuga Medical Offices and the Cornell N. Campus residential development. Resolution # 8276 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees authorizes Mayor Woodard to sign a contract following approval from Village Engineer and Village Attorney with Bergman and Associates to conduct a traffic study beginning in April 2019. Motion: Trustee Biloski Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, and Robinson Nays: none Abstentions: none Motion carried g. Administrative Office Committee Formation Resolution # 8277 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees authorizes the formation of an Administrative Office Committee. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, and Robinson Nays: none Abstentions: none Motion carried Resolution # 8278 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees authorizes the appointment of the Village Mayor, Village Clerk, Village Deputy Clerk, and Village Treasurer to the Administrative Committee. Motion: Trustee McMurry Second: Trustee Robinson Ayes: Trustees: Biloski, Friend, Marshall, McMurry, and Robinson Nays: none Abstentions: Mayor Woodard Motion carried Mayor Woodard appoints Trustee McMurry to the Administrative Office Committee. Resolution # 8279 40 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees approves Mayor Woodard’s appointment of Trustee McMurry to the Administrative Office Committee. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, and Robinson Nays: none Abstentions: Trustee McMurry Motion carried Mayor Woodard appoints Deputy Treasurer Biloski to the Administrative Office Committee. Resolution # 8280 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees approves Mayor Woodard’s appointment of Deputy Treasurer Biloski to the Administrative Office Committee. Motion: Trustee Friend Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Friend, Marshall, McMurry, and Robinson Nays: none Abstentions: Trustee Biloski Motion carried h. Brush pickup- email from Gail Wagner • Village resident, Gail Wagner, asked Mayor Woodard about offering a second brush pickup during each month. Assistant Superintendent of Public Works Wiese stated the extra cost associated with a second brush pickup would not be feasible for the Village. 5. Report of the Trustees a. $400,000 CD- •Treasurer Mangione will investigate the different rates available to renew this CD for 6 months. Resolution # 8281 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees authorizes the Treasurer to transfer $458,300.00 from the Sewer Fund (G) Fund Balance to budget for Headworks Design Studies conducted by GHD Consulting Services. Motion: Trustee Robinson Second: Trustee Biloski Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, and Robinson Nays: none Abstentions: none Motion carried b. Barton and Loguidice Fund allocation •If the Village does receive a grant for TAP then Treasurer Mangione would allocate funds to a specific account, but nothing needed at this time. c. Right of Way (ROW) Issues 41 •Trustee Robinson asked the question of how obstructions in the be right of way issues will be enforced in the new zoning law. B. Cross, stated enforcement falls back on the Code Enforcement Officer, not the police department. 6. Report of Police Chief Steinmetz: Submitted Report (Exhibit 2019-054) • Sergeant Wright who has been the officer in charge in Chief Steinmetz’s absence will present to the Board. • New cameras for the Police Department office and outside the building will be scheduled for installation. 7. Report of Assistant Superintendent of Public Works Wiese a. Bellisario Resolution: The DPW had another culvert pipe collapse and does not have the equipment to complete the work. This resolution ratifies the decision to proceed with hiring a contractor to perform that work based on an emergency basis. Resolution # 8282 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees ratifies the decision to hire Bellisario to perform work for the Village on an emergency basis in connection with a culvert pipe collapse. Motion: Trustee Robinson Second: Trustee McMurry Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, and Robinson Nays: none Abstentions: none Motion carried a. The Parkway •The paving is complete and stripping lanes will be next. Chief Steinmetz asked if the width of the road had been measured to determine whether or not The Parkway could accommodate a bike lane. •During the resurfacing of The Parkway, the elevation was raised in order to make room for the natural gas piping underneath. Historically only 5” of asphalt and 12” of base had been applied for resurfacing. This time, The Parkway has 8” with an 18” base. This should hold up longer and help with drainage. 8. Report of Superintendent of Public Works Cross a. JCAP Grant Cost Breakdown • The JCAP projects includes air conditioning in the court room, Village Hall gutters and upgrades to the electrical work for the Court, and Police Department. Resolution # 8283 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees authorizes the Village of Cayuga Heights Justice Glenn Galbreath to submit a Justice Court Assistance Program Grant application to the New York State Unified Court System. The Board of Trustees agrees to allocate funds in the amount of $15,750.00 towards the total grant award. Motion: Trustee Friend Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, and Robinson Nays: none Abstentions: none 42 Motion carried b. Aqua-Aerobic WWTP •The current sewer plant main phosphorus filtration system controller panels have become obsolete, and if there is an electronic failure the plant could be out of service for up to 8 weeks. A field inspection from Aqua- Aerobic has to take place before new controllers can be built. Resolution # 8284 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees authorizes Mayor Woodard to sign a purchase agreement with Aqua-Aerobic for new controllers for the phosphorus filtrations system at the Village of Cayuga Heights Waste Water Treatment Plant. Motion: Trustee biloski Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, and Robinson Nays: none Abstentions: none Motion carried 9. Report of Treasurer Mangione: Submitted Reports (Exhibit 2019-056) • The Annual AUD for New York State has been submitted. • The annual INSERO audit is coming up in September. Resolution # 8285 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees approves Abstract #3 for FYE2019 consisting of TA vouchers 11-23 in the amount of $18,737.15 and Consolidated Fund vouchers 102- 194 in the amount of $366,273.22 and the Treasurer is instructed to make payments thereon. Motion: Trustee Marshall Second: Trustee Biloski Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, and Robinson Nays: none Abstentions: none Motion carried •Chief Steinmetz stated after the budget was decided a grant application for protective vest program was received. It is a matching grant that provides law enforcement officers with new protective vests. This was not budgeted, and Chief Steinmetz stated it just slipped through the cracks. He will have more details at next month’s meeting. 10. Report of Clerk Walker: a. Deputy Clerk Position Update • Interviews were conducted, and the HR Committee has made a recommendation. Elaine Quaroni Appointment to the Planning Board 43 Mayor Woodard appoints Elaine Quaroni as a member of the Village of Cayuga Heights Planning Board. Resolution # 8286 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees approves Mayor Woodard’s appointment of Elaine Quaroni as a member of the Village of Cayuga Heights Planning Board. Motion: Trustee McMurry Second: Trustee Friend Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, and Robinson Nays: none Abstentions none Motion carried 11.Executive Session Resolution # 8287 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees enter into Executive Session for the purpose of discussing 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 Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, and Robinson Nays: none Abstentions: none Motion carried Resolution # 8288 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees exit from Executive Session and return to the open meeting. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, and Robinson Nays: none Abstentions: none Motion carried Meeting Adjourned at 10:18 p.m. 44 EXHIBIT 2019-107 Minutes VILLAGE OF CAYUGA HEIGHTS Monday, December 17, 2018 Marcham Hall BOARD OF TRUSTEES 7:00 p.m. MONTHLY MEETING Present: Mayor Woodard; Trustees: Biloski (arrived at 7:06 p.m.), Friend, Marshall, McMurry, Robinson, and Salton; Police Chief Wright; Superintendent of Public Work Cross; Assistant Superintendent of Public Works Wiese; Clerk Walker Absent: Attorney Marcus. Treasurer Mangione Call to Order: Mayor Woodard calls the meeting to order at 7:02 p.m. 2. Approval of Meeting Minutes: November 20, 2017 (Exhibit 2019-088) Resolution # 8326 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the November 20, 2017 meeting minutes as presented. Motion: Trustee McMurry Second: Trustee Friend Ayes: Mayor Woodard; Trustees: Biloski, Friend, McMurry, Robinson and Salton Nays: none Abstentions: Marshall Motion Carried Approval of Meeting Minutes: December 18, 2017 (Exhibit 2019-089) Resolution 8327 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the December 18, 2017 meeting minutes as presented. Motion: Trustee Marshall Second: Trustee McMurry Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, and Robinson Nays: none Abstentions: Salton Motion Carried Approval of Meeting Minutes: May 21, 2018 (Exhibit 2019-092) Resolution # 8328 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the May 21, 2018 meeting minutes as presented. Motion: Trustee Friend Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, friend, Marshall, McMurry, and Robinson 45 Nays: none Abstentions: Salton Motion Carried Approval of Meeting Minutes: November 19, 2018 (Exhibit 2019-095) Resolution #8329 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the November 19, 2018 meeting minutes as presented. Motion: Trustee Salton Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton Nays: none Abstentions: none Motion Carried 3. Report of Fire Superintendent Tamborelle: Submitted Report (Exhibit 2019-096) 4. Privilege of the Floor: No members of the public wished to speak. 5. Report of Mayor: a. Public Hearing on Proposed Local Law I- Sewer Rates. It is the intent of this Local Law to establish a 10 percent increase for the 2019 sewer rate. The Board advised that there are no amendments to the draft. Mayor Woodard opens the Public Hearing at 7:05 p.m. •No members of the public wished to comment. Mayor Woodard closes the Public Hearing at 7:05 p.m. Trustee Biloski arrived at 7:06 p.m. This action is an exempt action under SEQR Section 617(5)(c)(20). Resolution # 8330 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees adopts Proposed Local Law – I of 2018 as Local Law # 9 of 2018-Sewer Rates. VILLAGE OF CAYUGA HEIGHTS DRAFT PROPOSED LOCAL LAW I OF THE YEAR 2018 A LOCAL LAW TO AMEND THE ANNUAL SEWER RATES, AS DEFINED IN ARTICLE XII, SEWER RENTS, OF THE VILLAGE OF CAYUGA HEIGHTS ARTICLES Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows: Section I. PURPOSE 46 The purpose of this Local Law is to establish annual sewer rates of $2.76/1000 gallons consumed for inside users and a rate of $4.14/1000 gallons used for outside users, as defined in articles XII, Sewer Rents, of the Village of Cayuga Heights Articles. Section II. AUTHORITY This Local Law is enacted pursuant to the grant of powers of local governments provided for in (i) Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provisions of the New York State Constitution or not inconsistent with any general law relating to its property, affairs, government or other subjects provided for in said Section 10 of the Municipal Home Rule Law, (ii) General Municipal Law Article 14-F, (iii) General Municipal Law Sections 451 and 452, and (iv) Village Law Article 14. Section III. ESTABLISHMENT OF SEWER RATES As of January 1, 2019, annual sewer rates shall be established at a rate of $2.76/1000 gallons used for treatment of waste water originating from properties located within the Village and a rate of $4.14/1000 gallons used for treatment of waste water originating from properties located outside of the Village. Section IV. SUPERSEDING EFFECT All Local Laws, resolutions, rules, regulations and other enactments of the Village of Cayuga Heights in conflict with the provisions of this Local Law are hereby superseded to the extent necessary to give this Local Law full force and effect. Section V. VALIDITY The invalidity of any provision of this Local Law shall not affect the validity of any other provision of this Local Law that can be given effect without such invalid provision. Section VI. EFFECTIVE DATE This Local Law shall be effective immediately upon filing in the office of the New York State Secretary of State, except that it shall be effective from the date of its service as against a person served with a copy thereof, certified by the Village Clerk, and showing the date of its passage and entry in the Minutes of the Village Board of Trustees. Motion: Trustee Friend Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton Nays: none Abstentions: none Motion carried Trustee Salton asked if the Village will be discussing bonding for funding of the WWTP expansion and will that impact future increases in the sewer rate. Mayor Woodard responded that the increased sewer rates will help pay the interest on the borrowed money. b. GHD: WWTP Project (Exhibit 2019-098) Nick Hatala from GHD was present to address any questions about discussing the WWTP project as a one or two phases project. •The first part of the project will be the construction of the headworks facility; the second part is upgrades to the rest of the plant. The biggest issue with completing the project as a single, rather than in phases is that GHD 47 would need another construction season to get the background work complete. WWTP Manager John McGrath urged the Mayor to not wait another year to begin work. •Trustee Robinson reported that currently the WWTP staff is manually cleaning the grit filters, which is not the most affective process. This adds to the breakdown of other components utilized in the treatment system. •The Board agreed to keep this project as two phases. •The Village should hear about one remaining grant application for funding by next week. •Mayor Woodard asked if we are not successful with receiving an additional grant this year can we go back and submit one for next year. Nick Hatala from GHD suggested we could. •The next step for the WWTP will be bidding the project, and then submit to NYDEC in January. A plant inspection in February-March with construction to begin in the spring. •Trustee Salton raised the question to GHD’s Nick Hatala if GHD was familiar with point discharge increases. GHD does have some experience and did provide a plant expansion cost estimate which would allow for more discharge. I and I must be addressed before NYSDEC would approve an expansion. •Don Hartill from the Village of Lansing has purchased a state-of-the-art laser meter. Bolton Point has offered to let the Village piggyback on their supervisory control and data acquisition (SCADA) which is a control system architecture that uses computers, networked data communications and graphical user interfaces for high-level process supervisory management. Along with this discussion GHD has requested two amendments for the Board to review. (Exhibit 2019-098) Resolution # 8331 Amendment No 1. WHEREAS, GHD Consulting Services Inc. (ENGINEER) and the Village of Cayuga Heights, New York (OWNER) entered into an Agreement dated May 31, 2018, for ENGINEER to furnish Final Design, Bidding and Construction Phase engineering services in connection with Phase 1 improvements (Headworks Replacement) at the Cayuga Heights Wastewater Treatment Plant; and, WHEREAS, OWNER seeks to obtain funding available from the New York State Environmental Facilities Corporation (NYSEFC) for the Phase 1 WWTP Headworks Replacement Project; and, WHEREAS, as a condition of said funding, NYSEFC requires incorporation of financing program requirements in all agreements for professional engineering service; NOW, THEREFORE, ENGINEER and OWNER agree to amend the Agreement as follows. 1. Add as Exhibit C, the attached NYSEFC "Program Requirements and Bid Packet for Non- Construction Contracts." ENGINEER shall comply with requirements outlined in Part 2 of Exhibit C, including providing opportunities for Minority- and Women-Owned Business Enterprises (MWBE) to meet an MWBE combined goal of 23% of total contract value as required for Clean Water projects that receive New York State Water Infrastructure Act (WIIA) grant funding and Clean Water State Revolving Fund (CWSRF) loan financing. BE IT RESOLVED THAT: The Village of Cayuga Heights Board approves and authorizes Mayor Woodard to sign amendment 1 for Phase 1 as presented. 48 Motion: Trustee Marshall Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton Nays: none Abstentions: none Motion carried Resolution # 8332 Amendment No. 2 WHEREAS, GHD Consulting Services Inc. (ENGINEER) and the Village of Cayuga Heights, New York (OWNER) entered into an Agreement dated May 31, 2018, for ENGINEER to furnish Final Design, Bidding and Construction Phase engineering services in connection with Phase 1 improvements (Headworks Replacement) at the Cayuga Heights Wastewater Treatment Plant; and, WHEREAS, OWNER seeks to obtain funding available from the New York State Environmental Facilities Corporation (NYSEFC) for the Phase 2 WWTP Headworks Replacement Project; and, WHEREAS, as a condition of said funding, NYSEFC requires incorporation of financing program requirements in all agreements for professional engineering services; NOW, THEREFORE, ENGINEER and OWNER agree to amend the Agreement as follows. 1. Add as Exhibit C, the attached NYSEFC "Program Requirements and Bid Packet for Non- Construction Contracts." ENGINEER shall comply with requirements outlined in Part 2 of Exhibit C, including providing opportunities for Minority- and Women-Owned Business Enterprises (MWBE) to meet an MWBE combined goal of 23% of total contract value as required for Clean Water projects that receive New York State Water Infrastructure Act (WIIA) grant funding and Clean Water State Revolving Fund (CWSRF) loan financing. BE IT RESOLVED THAT: The Village of Cayuga Heights Board approves and authorizes Mayor Woodard to sign amendment 1 for Phase 2 as presented. Motion: Trustee McMurry Second: Trustee Friend Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton Nays: none Abstentions: none Motion carried c. New York Power Authority: Update of LED Streetlights. Mayor Woodard attended a TCCOG meeting last week which led to her contacting Casey Mastro, who is the Energy Manager for the New York Power Authority (NYPA). Mayor Woodard has invited him to the January BOT meeting. NYPA can perform all the work for replacing our street lights with LED lights as well as finance the project. Once the Board has all the details we will begin to inform the Village residents on a proposed plan. 49 d. $5000 Clean Energy Community Grant: Mayor Woodard suggested we use that money for the LED project. B. Cross would like to see that money used towards a window project at Marcham Hall. Trustee Robinson asked about how much use the electric charging station was getting. Clerk Walker informed the Board there has been very little use. e. Security Camera – Stanley Invoice: Chief Wright asked Mayor Woodard to look at sharing the expense of the cameras and DVR unit for Marcham Hall and the Police Department. The Board agreed to allocate payment from the Village Hall fund- for one camera that faces the charging station and the labor to install that camera. f. Airbnb: All short-term rental permits are due for renewals at the end of the year. As of today, we have received 5 renewals. Along with the application to renew the applicant has to submit their rental log. The Clerk’s office will monitor how much time this process is taking and revisit the idea of using a service to manage the Village short-term rentals. Another option might be to impose a Village rental tax. g. Tree Inventory Grant: The Shade Tree Advisory Committee has received 2 proposals to conduct the inventory work of the Village trees. Mayor Woodard requested meeting to review the proposals in early January. The goal of this grant to monitor health of all the Village trees. We also need to watch the ash trees, now that the invasive Emerald Ash Borer Beetle has been found in neighboring municipalities. The tree inventory is necessary in order to apply for grants for a street tree maintenance plan. h. 1 Highgate Circle Sewer Credit (Exhibit 2019-099) The Village of Lansing has submitted a request to forgive the sewer portion of 1 Highgate Circles bill. This location had a 3-day water leak than drained into the yard. Resolution # 8333 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees authorizes Treasurer Mangione to issue a sewer credit of to the Village of Lansing for 1 Highgate Circle in the amount of $68.57. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, and Robinson Nays: Trustee Salton Abstentions: None Motion carried i. WWTP Generator Switch: Currently if the power goes down at the WWTP an employee must manually turn on the generator. This is extremely dangerous because of the high voltage and should be converted to an automatic switch. Trustee Marshall inquired to how much of this work will remain after plant expansion. B. Cross explained this switch will remain even after the changes with the upgrade. The bids received for this installation were between Pleasant Valley Electric and Matco Electric. The Matco bid included testing of the switch- and training. Resolution # 8334 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees approves and authorizes Mayor Woodard to execute the contract with sign Matco Electric for installation of a transfer switch and associated training, not to accede $19,863.00 50 Motion: Trustee Salton Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton Nays: None Abstentions: None Motion carried 6. Report of the Trustees a. General Code: The manuscript will be in our hands by the end of this week. The Board will have to approve and submit all changes by April 22, 2019 b. TAP: Trustee McMurry reported that she has not heard anything about the TAP Grant. c. Health Care Update: Trustee Salton informed the Board that Blue Cross Blue Shield will start offering Telemed. This service allows BCBS members to have a phone or video visit with a physician verses having to come in for an office visit. 7. Report of Police Chief Wright (Exhibit 2019-100) •Chief Wright reported there are no updates on NYS Sergeant’s Exam dates offered by the County. 8. Report of Assistant Superintendent of Public Works (ASPW) Wiese a. North Triphammer Road Lighting: The rewiring of the North Triphammer Road lights is underway. The DPW utilized an underground drilling machine(mole) to run the new wiring. This eliminated the need to tear up sidewalks or asphalt. b. Leaf Pickup: The DPW will continue to pick up leaves in the Village until the end of December. 9. Report of Engineer Cross (Exhibit 2019-101) a. T.G. Miller: B. Cross stated that this is the 3rd written proposal is much more complete than previous versions. Trustee Salton asked if the T.G. Miller proposal will be consistent with storm water infrastructure existing for water drainage in the Village. B. Cross confirmed that it will be consistent, and data is available to map out all services. Resolution # 8335 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees approves and authorizes Mayor Woodard to sign the amended proposal by T.G. Miller, P.C. to conduct Cayuga Heights Road Conceptual Design Services for road drainage and walk improvements not to exceed $14,500. Motion: Trustee Robinson Second: Trustee Biloski Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton Nays: none Abstentions: none 51 Motion carried 10. Report of the Treasurer Mangione (Exhibit 2019-102) Finance committee will meet next week to look at the 6-month budget. Resolution # 8336 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees approves Abstract #7 for FYE2019 consisting of TA vouchers 53-62 in the amount of $16,269.08 and Consolidated Fund vouchers 453- 529 in the amount $228,438.06 and the Treasurer is instructed to make payments thereon. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton Nays: none Abstentions: none Motion carried 11. Report of Clerk Walker Clerk Walker reported that the back log of meeting minutes has been finished. 12. Adjournment Mayor Woodard adjourns the meeting at 9:15 p.m. 52 EXHIBIT 2019-108 January 22, 2019 Honorable Linda Woodard Board of Trustees Village of Cayuga Heights Monthly Report December 2018 There were 39 calls in December to finish the year. We had 29 calls in the Village of Cayuga Heights, 7 calls in the Town of Ithaca and 3 requests for mutual aid. There were 17 EMS calls and 12 fire runs. On December 17th at 1718 hours we were dispatched to a reported house fire on Christopher Circle. E203, L231 and three chief officers were on the road quickly along with mutual aid departments. During the response we received updates that there were multiple calls that this was a working fire. First arriving units quickly deployed hand lines to the front and rear of the structure and within 15 minutes the fire was extinguished, and overhaul was started to check for extension. A search of the residence was done, and we discovered that the homeowner had not made it out of the structure and was deceased. Crews continued to work on ensuring the fire was out and the New York State Police Forensics Team and the Office of Fire Prevention and Control (OFPC) were requested to the scene as is the case with all fatal fires. The fire was determined to have started in the kitchen at the stove and was primarily contained to the kitchen area as a result of an amazing knockdown of the fire by first in crews. It was determined that the homeowner had passed away before we were even dispatched to the fire. We had 24 members of the department on the scene as well as mutual aid from Ithaca and Lansing Fire Departments. While this incident was still active we received a call for a chimney fire on Hanshaw Road in the Village. Units from the Lansing Fire Department we just leaving the scene of the Christopher Circle fire and were able to respond along with E202 from our department to the chimney fire call and rapidly assessed and extinguished that fire as well. All members returned home safely from both incidents. It was a busy month. I am proud of the actions of all members at our incidents and these two in particular show that the amazing training that we do all year pays off during on critical calls. We finished 2018 with a total of 510 calls. This was a decrease of 97 calls from 2017 although in no way did it feel like that through the year. A large part of the drop-in call volume came from a decrease in calls at Kendal at Ithaca. Kendal changed some of their policies and now makes more direct calls for assistance to Bangs Ambulance and less through 911 center. If the calls go through 911 the fire department is dispatched, if the call goes through the Bangs direct dispatch then we would only be sent if the ambulance requested assistance. There were 301 calls in the Village of Cayuga Heights, 155 in the Town of Ithaca and 54 mutual aid responses. We had 2 structure fires, 6 motor vehicle crashes, 274 medical calls and 228 other type calls. We received mutual aid from our neighbors 6 times last year. It was a steady year for the department. We were able to get out the door for calls in an average of 3 minutes 9 seconds. We trained almost every week through the year. Over the course of the year we ran two recruit training classes, did our OSHA refreshers, trained every member of the department on CPR and first aid, sent 5 members to the NYS Emergency Medical Technician Class and many more through countless state fire trainings. In 2018 we had 16 new members make it through the recruit training program. December training slowed considerably as many of our members travel during the holiday break. We did finish up the first sign off checklist trainings in early December. All of our EMS personnel are required to do continuing medical education every year and then in December do a skills assessment with a CME evaluator. Our Rescue Director Colleen Price ensures that this happens. We will hold our annual 53 OSHA and CPR refresher training the last Saturday in January. This is our only required training for the year. All members must complete the OSHA training, or they will be restricted from participating in calls and trainings until they complete it either on line or by going to another department to make it up. This year we will also incorporate fit testing into the annual training day. We purchased a fit test machine, and this will allow us to get this done annually so as to be in compliance with the new NYS Cancer Policy. The new Chevy Tahoe has been ordered and we are looking at a late January or early February delivery. The vehicle will then go to the outfitters for lights/sirens/radios and hopefully be in service sometime in late February. We have begun looking over the old specification document for the ladder truck. We will be looking to possibly replace that vehicle in the upcoming year and will start contacting vendors to see what changes need to be incorporated in the specifications and put together a good document. We are looking forward to the weather warming up a bit and getting our members back from break. Several people are planning to stay at the station as they return early to the Ithaca area. The station is apparently a more appealing place to stay then an empty apartment in college town and we are happy to have people in the station to respond to calls. As we move through winter we are looking into a spring recruit class, many members will be taking the required state fire classes, moving forward with the gutter repairs and many other projects we can get into with warmer weather. Our annual installation dinner will be held at the Country Club of Ithaca on April 27th. Sincerely, George Tamborelle Fire Chief/Fire Superintendent 54 EXHIBIT 2019-109 1/16/19 Linda Woodard, Mayor Village of Cayuga Heights 836 Hanshaw Rd. Ithaca, NY 14850 RE: Energy Services Program Authorization to Proceed with turn-key street light project Village of Cayuga Heights – LED Street Lighting Dear Mayor Woodard, The New York Power Authority (NYPA) is excited to support the Village of Cayuga Heights in identifying and implementing a comprehensive street lighting upgrade. Improving the existing street lights is a widely used and effective strategy to achieve the goal of reducing energy consumption, lowering utility costs, and improving light quality throughout the community. Consistent with the Master Cost Recovery Agreement, NYPA provides a turn-key solution to upgrade the Village of Cayuga Heights’s existing street lights to energy efficient LED technology. NYPA is pleased to offer these services to replace approximately 316 existing street light fixtures with new high efficient LED technology. By signing below, the Village of Cayuga Heights authorizes NYPA to proceed with the full turn-key solution of the LED street lighting project, which includes the final design report, conduct bids for materials and installation labor, provide construction management, and commission the final project. When the design and bidding is completed, you will receive an Initial Customer Installation Commitment (ICIC) for your review and signature. At this point, if you choose to proceed to project implementation all development costs will be rolled into the overall project. Conversely, should you decide not to proceed with the implementation of the project, the Village of Cayuga Heights agrees to reimburse NYPA for all costs incurred up to the termination date for the development, design and bidding of the project. The cost of developing the design and for bidding the materials and labor will be determined during the next phase. NYPA will be fully transparent through this process and provide complete documentation as to how it determined all project costs. 55 By signing below, affirm that you agree to these conditions: PAGE 2 AUTHORIZATION TO PROCEED Joseph Rende Linda Woodard (Name, printed) Director, Customer Business Development (Name, printed) Mayor, Village of Cayuga Heights (Title) (Title) (Signature) (Signature) (Date) (Date) LED Street Light Summary Proposal | Village of Cayuga Heights LED Street Light Proposal Project Summary NYPA appreciates the opportunity to provide Village of Cayuga Heights with a proposal for a turn-key project to upgrade the existing street light system to energy efficient, long lasting LED street lights. NYPA will partner with you to design and implement this important project. As part of our value proposition, we may be able to assist with project financing as NYPA offers low cost financing to customers who upgrade their lighting system. Through this project, the Village of Cayuga Heights will upgrade all of its street lights; 316 in total. The annual savings generated by this project for your taxpayers is: $30,498 in energy costs. Scope of Services NYPA proposes to provide the following services: • Validating the accuracy of the lighting inventory and providing updates to lighting registry. • Where needed, offering guidance on the purchase of lighting equipment from the utility. 56 • Providing engineering design by a licensed PE firm; buying LED lighting equipment and selecting an installation contractor in accordance with New York State procurement guidelines. The LED equipment purchased will include photocells, wireless control system and shielding per customer request. • Providing project and construction management along with field supervision and project closeout. • Overseeing hazardous waste management and disposal in accordance with environmental law. Benefits • $5,641 per year in electricity cost savings • Simple payback of 10.75 years • Annual positive cash flow of $14 • Improved light quality and reliability. LED lights are night sky compliant • Reduced maintenance costs. LED lights have a life expectancy in excess of 15 years. Since LED street light bulbs last much longer, fewer replacements of failed bulbs are needed freeing up staff for other projects Financials • The cost to develop and implement this project on a full turn-key basis is $351,522 • The Savings to Investment ratio is 1.5 • The Net Present Value for this infrastructure investment is $168,518 • The Internal Rate of Return is 15.5% • Cumulative Cash Flow is $519,463 Next Steps • Execute Energy Services Program Master Contract and Design Authorization to Proceed. • Schedule a project kickoff meeting with NYPA and our implementation contractor. Customer Energy Solutions 57 58 59 EXHIBIT 2019-110 Village of Cayuga Heights Police Department __________________________________________________ _____ Jerry L. Wright - Chief of Police 1/14/2019 To: The Honorable Mayor Woodard Members of the Board of Trustees Village of Cayuga Heights Re: Report of the Police Department for December 2018 In the month of December, the police department received 348 calls for service. In addition to these calls 48 uniform traffic tickets were issued and 2 parking violations were cited for No Parking Zone. A breakdown of the calls for service is as follows: There were no Felony incidents reported. 2 Penal Law Misdemeanor incidents were handled for Fraud. One Fraud incident involved a subject not receiving payment through Pay Pal as agreed upon after selling their new iPhone on Craig’s list. The second Fraud complaint came in from a resident stating that a bank loan had been applied for in his name by an unknown subject. The resident is in contact with the lending company to gather further information. 5 Misdemeanor Vehicle and Traffic Arrests were made during traffic stops. After investigation of 5 traffic stops the following charges were filed: 1-Aggravated Unlicensed Operation 2nd and 4-Aggravated Unlicensed Operation of a Motor Vehicle 3rd. 2 Penal Law Violation Incidents was handled, 1 for Harassment and 1 for Drugs. A Harassment complaint was made by a local newspaper delivery person. The complainant stated that they had been receiving harassing phone calls and messages from a village resident because of the condition of their newspaper upon delivery. This is an ongoing issue and no charges have been filed. After investigation of a traffic stop officers found a subject to be in possession of drug equipment containing marijuana. The subject was arrested for Unlawful Possession of Marijuana. There were 2 calls for service for Local Law Violations, 1 for Noise and 1 for Dog Control. The Noise complaint consisted of a resident stating that their neighbor was playing music too loud in the next-door apartment. The subject was contacted and asked to turn the music down without incident. A call for service was received by a resident stating their dog had gotten loose in Sunset Park. After a brief time, the dog was located back at its residence. 60 There were 4 motor vehicle accidents reported in TraCs, none involving deer. 1 Warrant Arrest was made. After investigation of an active warrant, contact was made with the wanted subject whom responded to CHPD and was arraigned without incident. The subject was released on his own recognizance and scheduled to reappear at Cayuga Heights Court at a later date. In summary 7 persons were arrested and the following 7 charges were filed: 1-AUO 2nd, 4-AUO 3rd, 1- Unlawful Possession of Marijuana, 1-Officer Execute a Warrant. Over the course of the month the following trainings and events took place: On the 7th Chief Wright and Officer Manheim took part in a domestic violence round table conducted by the NYSDV Fatality Review team at the Hilton Gardens Hotel in the City of Ithaca. On the 19th Chief Wright and Officer Landon participated in annual toy delivery for Cops Kids and Toys. The full-time officers worked a total of 41 hours of overtime and the part-time officers worked a total of 148 hours. Sincerely, Chief Jerry Wright EXHIBIT 2019-111 VILLAGE OF CAYUGA HEIGHTS FYE2020 BUDGETCALENDAR FISCAL YEAR June 1, 2019 – May 31, 2020 STEP 1: The Budget Officer notifies administrative units in writing of the necessity for and form of estimates of revenues and expenditures for the ensuing fiscal year by February 2nd. (Village Law Section 5-502[1]) STEP 2: The heads of administrative units submit estimate to the Budget Officer by March 1st. (Village Law Section 5-502[2]) IMPORTANT DATES: Board of Trustee Meeting March 18, 2019 Village 61 Election March 19, 2019 STEP 3: The Budget Officer prepares the Tentative Budget, furnishes a copy to each member of the Board of Trustees, reproduces copies for public distribution and files the tentative budget with the Village Clerk by March 22nd. (Village Law Section 5-504) Budget Workshop: Saturday March 23rd (Legal Notice Required) Annual Organizational Meeting: Monday April 1st STEP 4: The Village Clerk presents the Tentative Budget to the Board; the Board reviews and modifies the Tentative Budget by April 5th. (Village Law Section 5-508[1]) First Publication of Tentative Budget At least five (5) days prior to the Public Hearing (Village Law Section 5-508[3]) STEP 5: Notice of public hearing on Tentative Budget; at least five days shall elapse between first publication and date specified for the hearing, which is to be held not later than APRIL 15th. (Village Law Section 5-508[3]) Board of Trustee Meeting April 15th STEP 6: Public hearing may be adjourned from day to day, but not beyond April 20th. (Village Law Section 5-508[3]) STEP 7: Final revision of tentative budget AFTER PUBLIC HEARING BUT PRIOR TO ADOPTION. (Village Law Section 5-508[4]) STEP 8: Adoption of Budget BY MAY 1st. (Village Law Section 5-508[4]) 62 63 64 Current Expenses: Abstract #8, dated January 22, 2018 for expenditures incurred during Fiscal Year End May 31, 2019. Approval of January Abstract: BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves Abstract #8 for FYE2019 consisting of TA vouchers 63-75 in the amount of $18,470.51 and Consolidated Fund vouchers 530-605 in the amount of $269,683.46 and the Treasurer is instructed to make payments thereon. Respectfully submitted, Joan M. Mangione 65 EXHIBIT 2019-112 66