HomeMy WebLinkAbout02.25.19 BOT Agenda
1 Village of Cayuga Heights
Board of Trustees
Monthly Board Meeting
Marcham Hall
Monday, February 25, 2019, 7:00 p.m.
AGENDA
EXHIBIT/PAGE
1. Call to Order:
2. Approval of Meeting Minutes:
a. June 18, 2018 2019-114 pgs. 2-22
b. January 22, 2019 2019-115 pgs. 23-31
3. Report of the Fire Superintendent Tamborelle: Submitted Report 2019-116 pgs. 32-33
4. Privilege of the Floor:
5. Report of Mayor Woodard:
a. Justice Report 2019-117 pgs. 34-42
b. Historian Report 2019-118 pgs. 43-44
c. Davey Contract 2019-119 pgs. 44-66
e. Bergmann Contract 2019-120 pgs. 66-76
f. NYPA Update
g. Mike Wiese -Top Ranking on Civil Service Exam 2019-121 Pg. 76
6. Report of the Trustees:
7. Report of Police Chief Wright: Submitted Report 2019-122 pgs. 77-78
8. Report of Assistant Superintendent of Public Works Wiese:
9. Report of Superintendent of Public Works Cross:
10. Report of Treasurer Mangione: Submitted Report 2019-123 pgs. 79-80
11. Report of Clerk Walker:
a. Address Designation: 2019-124 pg. 81
1. 213 North Sunset Drive
2. 211 North Sunset Drive
3. 103 Berkshire Road
12. Report of Attorney Marcus:
13. Executive Session:
14. Adjournment:
2
EXHIBIT 2019-114
Minutes VILLAGE OF CAYUGA HEIGHTS June 18, 2018
Ronald E. Anderson Fire Station BOARD OF TRUSTEES 7:00 p.m.
Present: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton; Police Chief
Wright; Superintendent of Public Work Cross; Assistant Superintendent of Public Works Wiese; Treasurer
Mangione; Deputy Clerk Johnson; Attorney Marcus
Call to Order: Mayor Woodard calls the meeting to order at 7:01 p.m.
1. Approval of Meeting Minutes: May 15, 2018 (Exhibit 2019-025)
RESOLUTION # 8239
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the May 15, 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
2. Approval of Meeting Minutes: June 6, 2018 (Exhibit 2019-026)
RESOLUTION # 8240
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the June 6, 2018 meeting
minutes as presented.
Motion: Trustee Marshall
Second: Trustee Robinson
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
3. Report of the Fire Superintendent Tamborelle: Submitted Report (Exhibit 2019-027)
An emergency repair is needed to the flat rubber roof on the fire station.
RESOLUTION # 8241
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves an expenditure not to
exceed $5000.00 for an emergency repair of the Village of Cayuga Heights Fire Department rubber roof.
3 Motion: Trustee Friend
Second: Trustee McMurry
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
4. Privilege of the Floor: No members of the public wished to speak.
5. Report of Mayor
a. Public Hearing on Proposed Local Law E- 2018 (Exhibit 2019-028)
Mayor Woodard opens the Public Hearing at 7:15 p.m.
•No members of the pubic wished to comment.
Mayor Woodard closes the Public Hearing at 7:15 p.m.
RESOLUTION # 8242
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees adopts Proposed Local Law E as
Local Law # 5 of 2018.
VILLAGE OF CAYUGA HEIGHTS
PROPOSED LOCAL LAW E OF THE YEAR 2018
A LOCAL LAW TO AMEND
ARTICLE XIII OF THE ARTICLES OF
THE VILLAGE OF CAYUGA HEIGHTS
CONCERNING THE REGISTRATION AND USE OF BICYCLES
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 eliminate the requirements concerning registration of bicycles of Article
XIII, “Registration and Use of Bicycles,” of the Articles (the “Articles”) of the Village of Cayuga Heights (the
“Village”), as said Article XIII had been amended by Local Law 3 of 1990 (as so amended, “Article XIII”). It
is also the intent of this Local Law to establish rules allowing bicycles, and other wheeled equipment, to be used
on Village sidewalks by persons with disabilities and by children age twelve (12) and younger. The Village’s
Board of Trustees has determined that the requirements of Article XIII related to the registration of bicycles
have not been enforced and are not necessary. The Village’s Board of Trustees further has determined that, to
promote the use of bicycles and other wheeled equipment in a safe manner by persons with disabilities and by
children age twelve (12) and younger, persons with disabilities and children age twelve (12) and younger should
be permitted to operate bicycles and other wheeled equipment on the Village’s sidewalks. The purpose of this
Local Law is to delete in their entirety the requirements of Article XIII, and establish by this Local Law that
persons with disabilities and children age twelve (12) and younger shall be permitted to operate bicycles and
other wheeled equipment on the Village’s sidewalks.
4
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, and pursuant to the grant of powers
to local governments provided in Section 180 of the General Municipal Law to regulate the use of bicycles on
the public highways, streets, avenues, walks, parks and public places.
SECTION III TITLE OF THIS LOCAL LAW
This Local Law shall be known as the Bicycle Use Law.
SECTION IV AMENDMENT ARTICLE XIII OF THE ARTICLES OF THE VILLAGE
A. The text of Article XIII of the Articles of the Village is hereby deleted in its entirety.
B. The following requirements shall govern the operation of bicycles and other wheeled equipment,
including skateboards, roller blades, roller skates, scooters, wheelchairs and adult tricycles (collectively
referred to herein as “bicycles and other wheeled equipment”). For the purposes of this Local Law,
“bicycles and other wheeled equipment” shall not include baby strollers or carriages or other conveyances
for children not able to walk. For the purposes of this Local Law, “persons with disabilities” shall mean
individuals who require the use of a bicycle or other wheeled equipment as a means of transportation or
mobility.
1. Persons with disabilities and children age twelve (12) and younger shall be permitted to ride, drive
or operate bicycles and other wheeled equipment on the Village’s sidewalks.
2. Other than as specified in subsection (1) above, no person shall ride, drive or operate a bicycle or
other wheeled equipment on any sidewalk in the Village.
C. In any case that a person is riding, driving or operating a bicycle or other wheeled equipment on a Village
sidewalk, such person shall yield the right of way to any pedestrian using the sidewalk.
D. In the event of a violation of the requirements of this Local Law by a child age thirteen (13) through
fifteen (15), the summons for such violation shall be issued to the parent or guardian of such child. In
the event of a violation of the requirements of this Local Law by any person age sixteen (16) or older, the
summons for such violation shall be issued to such person.
SECTION V SUPERSEDING EFFECT
5 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, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
b. Public Hearing on Proposed Local Law F- 2018. (Exhibit 2019-029)
Mayor Woodard opens the Public Hearing at 7:16 p.m.
•No members of the public wished to comment.
Mayor Woodard closes the Public Hearing at 7:16 p.m.
RESOLUTION # 8243
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees adopts Proposed Local Law F as
Local Law # 6 of 2018.
SECTION 1.0
STATUTORY AUTHORIZATION AND PURPOSE
1.1 FINDINGS
The Board of Trustees of the Village of Cayuga Heights finds that the potential and/or actual damages
from flooding and erosion may be a problem to the residents of the Village of Cayuga Heights and that
such damages may include: destruction or loss of private and public housing, damage to public
facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize
6 the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this local
law is adopted.
1.2 STATEMENT OF PURPOSE
It is the purpose of this local law to promote the public health, safety, and general welfare, and to
minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(1) regulate uses which are dangerous to health, safety and property due to water or erosion
hazards, or which result in damaging increases in erosion or in flood heights or velocities;
(2) require that uses vulnerable to floods, including facilities which serve such uses, be protected
against flood damage at the time of initial construction;
(3) control the alteration of natural floodplains, stream channels, and natural protective barriers
which are involved in the accommodation of flood waters;
(4) control filling, grading, dredging and other development which may increase erosion or flood
damages;
(5) regulate the construction of flood barriers which will unnaturally divert flood waters or which
may increase flood hazards to other lands, and;
(6) qualify for and maintain participation in the National Flood Insurance Program.
1.3 OBJECTIVES
The objectives of this local law are:
(l) to protect human life and health;
(2) to minimize expenditure of public money for costly flood control projects;
(3) to minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) to minimize prolonged business interruptions;
(5) to minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone, sewer lines, streets and bridges located in areas of special flood hazard;
(6) to help maintain a stable tax base by providing for the sound use and development of areas of
special flood hazard so as to minimize future flood blight areas;
7
(7) to provide that developers are notified that property is in an area of special flood hazard; and,
(8) to ensure that those who occupy the areas of special flood hazard assume responsibility for their
actions.
SECTION 2.0
DEFINITIONS.
Unless specifically defined below, words or phrases used in this document shall be interpreted so as to give
them the same meaning as they have in common usage and so as to give this document its most reasonable
app1ication.
“Appeal” means a request for a review of the Local Administrator's interpretation of any provision of this
Local Law.
“Basement" means that portion of a building having its floor subgrade (below ground level) on all sides.
“Building” see "Structure"
"Cellar" has the same meaning as "Basement".
“Crawl Space” means an enclosed area beneath the lowest elevated floor, eighteen inches or more in height,
which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed
area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent
exterior grade. The enclosed crawl space area shall be properly vented to allow for the equalization of
hydrostatic forces which would be experienced during periods of flooding.
“Development” means any man-made change to improved or unimproved real estate, including but not limited
to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of
equipment or materials.
“Federal Emergency Management Agency” means the Federal agency that administers the National Flood
Insurance Program.
“Flood” or “Flooding” means a general and temporary condition of partial or complete inundation of normally
dry land areas from:
(l) the overflow of inland or tidal waters;
8 (2) the unusual and rapid accumulation or runoff of surface waters from any source.
"Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of
water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical
levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe
storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some
similarly unusual and unforeseeable event which results in flooding as defined in (1) above.
“Floodplain” or “flood prone area” means any land area susceptible to being inundated by water from any
source (see definition of "Flood").
“Floodproofing” means any combination of structural and non-structural additions, changes, or adjustments to
structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
“Historic structure” means any structure that is:
(1) listed individually in the National Register of Historic Places (a listing maintained by the
Department of the Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
(2) certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by
the Secretary to qualify as a registered historic district;
(3) individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of the Interior; or
(4) individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
(i) by an approved state program as determined by the Secretary of the Interior or
(ii) directly by the Secretary of the Interior in states without approved programs.
“Local Administrator” is the person appointed by the community to administer and implement this local law
by granting or denying development permits in accordance with its provisions.
“Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent
chassis and designed to be used with or without a permanent foundation when connected to the required
utilities. The term does not include a "Recreational vehicle"
9 “Person” includes any individual or group of individuals, corporation, partnership, association, or any other
entity, including State and local governments and agencies.
“Start of construction” includes substantial improvement and means the initiation, excluding planning and
design, of any phase of a project, physical alteration of the property, and shall include land preparation, such as
clearing, grading, and filling; installation of streets and/or walkways; excavation for a basement, footings, piers,
or foundations or the erection of temporary forms. It also includes the placement and/or installation on the
property of accessory buildings (garages, sheds), storage trailers, and building materials. For manufactured
homes the "actual start" means affixing of the manufactured home to its permanent site.
“Structure” means a walled and roofed building, including a gas or liquid storage tank that is principally above
ground, as well as a manufactured home.
“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure
before the damage occurred.
“Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of
construction" of the improvement. The term includes structures which have incurred "substantial damage",
regardless of the actual repair work performed. The term does not, however, include either:
(1) any project for improvement of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living conditions; or
(2) any alteration of a "Historic structure", provided that the alteration will not preclude the
structure's continued designation as a "Historic structure".
“Variance” means a grant of relief by a community from the terms of a flood plain management regulation.
“Violation” means the failure of a structure or other development to be fully compliant with the community’s
flood plain management regulations.
SECTION 3.0
ADMINISTRATION
3.1 Permitting Official
The Code Enforcement Officer, hereinafter referred to as the “Local Administrator,” is responsible for receiving
applications, examining the plans and specifications and issuing permits for any proposed construction or
development.
3.2 Permit Requirements
No person shall erect, construct, enlarge, alter, repair, improve, move, or demolish any building or structure
without first obtaining a separate permit for each building or structure from the Local Administrator.
10 No man-made change to improved or unimproved real estate, including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation or drilling operations, shall be commenced
until a separate permit has been obtained from the Local Administrator for each change.
No manufactured home shall be placed on improved or unimproved real estate without first obtaining a separate
permit for each mobile home from the Local Administrator.
3.3 Application
To obtain a permit, the applicant shall first file a permit application on a form furnished for that purpose. The
form must be completed and submitted to the Local Administrator before the issuance of a permit will be
considered.
3.4 Permitting Procedures
(1) As part of the issuance of any permit, the Local Administrator shall require any measures which
are necessary to meet the minimum requirements of this document.
(2) The Local Administrator shall review any proposed development to assure that all necessary
permits have been received from those governmental agencies from which approval is required
by Federal or State law, including Section 404 of the Federal Water Pollution Control Act
Amendments of 1972, 33 U.S.C. 1334.
(3) The Local Administrator shall review all permit applications to determine whether proposed
building sites will be reasonably safe from flooding. If a proposed building site is in a flood prone
area, all new construction and substantial improvements (including the placement of
prefabricated buildings and mobile homes) shall be referred to the Planning Board for Site Plan
Review pursuant to Article 17 of the Zoning Law. The Local Administrator shall further require
that all such new construction: (i) be designed (or modified) and adequately anchored to prevent
flotation, collapse, or lateral movement of the structure, (ii) be constructed with materials and
utility equipment resistant to flood damage and (iii) be constructed by methods and practices that
minimize flood damage;
(4) The Planning Board shall review subdivision proposals pursuant to Article 18 of the Zoning Law,
and other proposed new development pursuant to Article 17 of the Zoning Law, to determine
whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other
proposed new development is in a flood prone area, any such proposals shall be reviewed to
assure that (i) all such proposals are consistent with the need to minimize flood damage within
the flood prone area, (ii) all public utilities and facilities, such as sewer, gas, electrical, and water
systems are located and constructed to minimize or eliminate flood damage, and (iii) adequate
drainage is provided to reduce exposure to flood hazards;
(5) The Local Administrator shall require within flood prone areas new and replacement water
supply systems to be designed to minimize or eliminate infiltration of flood waters into the
systems; and
(6) The Local Administrator shall require within flood prone areas (i) new and replacement sanitary
sewage systems to be designed to minimize or eliminate infiltration of flood waters into the
systems and discharges from the systems into flood waters and (ii) onsite waste disposal systems
11 to be located to avoid impairment to them or contamination from them during flooding.
SECTION 4.0
REVIEW AND VARIANCE PROCEDURE
4.1 Review Procedure
(l) In areas where flooding may be a concern, property owners shall apply to the Village’s
Planning Board for review in accordance with the procedures set forth in Articles 17 (for Site
Plan Review) and 18 (for Subdivision Approval) of the Zoning Law. As part of this review, the
Planning Board shall hear and decide requests for modifications of the requirements of this
local law.
(2) In passing upon such applications, the Planning Board shall consider all technical evaluations,
all relevant factors, standards specified in other sections of this local law and:
(i) the danger that materials may be swept onto other lands to the injury of others;
(ii) the danger to life and property due to flooding or erosion damage;
(iii) the susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owner;
(iv) the importance of the services provided by the proposed facility to the community;
(v) the necessity to the facility of a waterfront location, where applicable;
(vi) the availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
(vii) the compatibility of the proposed use with existing and anticipated development;
(viii) the relationship of the proposed use to the comprehensive plan and floodplain
management program of that area;
(ix) the safety of access to the property in times of flood for ordinary and emergency
vehicles;
(x) the costs to local governments and the dangers associated with conducting search and
rescue operations during periods of flooding;
12
(xi) the expected heights, velocity, duration, rate of rise and sediment transport of the flood
waters and the effects of wave action, if applicable, expected at the site; and
(xii) the costs of providing governmental services during and after flood conditions,
including search and rescue operations, maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water systems and streets and bridges.
(3) Upon consideration of the factors of Section 4.l(2) and the purposes of this local law, the
Planning Board may attach such conditions to the granting of Site Plan or Subdivision
Approval as it deems necessary to further the purposes of this local law.
(4) The Local Administrator shall maintain the records of all Site Plan and Subdivision review
applications, including technical information and report any modifications to the Federal
Emergency Management Agency upon request.
4.2 Appeals and Conditions for Variances
(1) Appeals
The Village’s Zoning Board of Appeals shall hear and decide appeals and requests for
variances from the requirements of this local law in accordance with the procedures set forth in
Article 20 of the Zoning Law. The Zoning Board of Appeals shall hear and decide appeals
when it is alleged there is an error in any requirement, decision, or determination made by the
Local Administrator in the enforcement or administration of this local law.
(2) Variances to this Local Law shall be based upon a hardship that runs with the land and shall not
be issued for economic or other personal hardships.
(3) (i) Variances shall be issued upon (a) a showing of good and sufficient cause, (b) a determination
that failure to grant the variance would result in significant hardship, and (c) a determination that
the variance will not result in increased flood risks, create nuisances, cause fraud or victimization
of the public or conflict with existing local laws and ordinances.
(ii) Variances to this Local Law shall be consistent with requirements for variances to other
Local and State law, code or regulation.
(4) Those aggrieved by a decision of the Planning Board or the Zoning Board of Appeals may
appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and
Rules.
Motion: Trustee Biloski
Second: Trustee McMurry
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
13 Abstentions: none
Motion carried
c. Vote on Proposed Local Law C-2018 (Exhibit 2019-030)
The Public Hearing was conducted at the May 2018 Board Meeting. The vote was invalidated because the
Village failed to notify the County under MGL 239. The County did respond after the May 2018 meeting with
no comment.
Resolution # 8244
BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees adopts Proposed LL C-2018 -to
amend the Village of Cayuga Heights Zoning Law Section 6.2.B.1 as Local Law # 3 of 2018.
VILLAGE OF CAYUGA HEIGHTS
LOCAL LAW 3 OF THE YEAR 2018
A LOCAL LAW TO AMEND
THE VILLAGE OF CAYUGA HEIGHTS ZONING LAW
SECTION 6.2.B.1, PERMITTED PRINCIPAL USES
IN THE MULTIPLE HOUSING ZONE
Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows:
Zoning Law Section 6.2.B.1 is hereby deleted in its entirety and replaced with the following text.
SECTION I PURPOSE AND INTENT
It is the intent of this Local Law to correct, revise and clarify the limits imposed on the occupancy of dwelling
units in buildings that contain three (3) or more dwelling units located in the Village’s Multifamily Housing
Zone. The purpose of this Local Law is to delete and replace the text of Section 6.2.B.1 of the Zoning Law (the
“Zoning Law”) of the Village of Cayuga Heights (the “Village”).
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.
14
SECTION III AMENDMENT OF ZONING LAW ARTICLE 6, SECTION 6.2.B.1
A. The current text of Zoning Law Article 6, Section 6.2.B.1 is hereby deleted in its entirety, and such text
is hereby replaced with the following text:
§ 6.2.B.1 Buildings containing three (3) or more dwelling units, with
a. Any dwelling unit to contain no more than four (4) bedrooms, and
b. Any dwelling unit to be occupied by:
i. One (1) family, or
ii. In the case of any dwelling unit in such buildings that contains one (1) bedroom, up
to two (2) unrelated occupants, or
iii. In the case of any dwelling unit in such buildings that contains two (2) bedrooms,
up to four (4) unrelated occupants, or
iv. In the case of any dwelling unit in such buildings that contains three (3) bedrooms,
up to six (6) unrelated occupants, or
v. In the case of any dwelling unit in such buildings that contains four (4) bedrooms, up
to eight (8) unrelated occupants.
SECTION IV SUPERSEDING EFFECT
All Local Laws, Articles, resolutions, rules, regulations and other enactments of the Village of Cayuga Heights
in conflict with the provisions of this Local Law are hereby superseded to the extent necessary to give this Local
Law full force and effect. Without limiting the foregoing, to any extent that the terms of 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 V PARTIAL INVALIDITY.
In the event that any portion of this Local Law is declared invalid by a court of competent jurisdiction, the
validity of the remaining portions shall not be affected by such declaration of invalidity.
SECTION VI EFFECTIVE DATE.
This Local Law shall be effective immediately upon filing in the office of the New York State Secretary of
State, except that it shall be effective from the date of its service as against a person served with a copy thereof,
certified by the Village Clerk, and showing the date of its passage and entry in the Minutes of the Village Board
of Trustees.
Motion: Trustee Robinson
Second: Trustee Marshall
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
15 Nays: none
Abstentions: none
Motion carried
d. Vote on Proposed Local Law D-2018 (Exhibit 2019-031)
The Public Hearing was conducted at the May Board Meeting. The vote was invalidated because the Village
failed to notify the County under MGL 239. The County did respond after the May meeting with no comment.
RESOLUTION # 8245
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees adopts Proposed Local Law D as
Local Law #4 of 2018
VILLAGE OF CAYUGA HEIGHTS
LOCAL LAW 4 OF THE YEAR 2018
A LOCAL LAW TO AMEND
THE VILLAGE OF CAYUGA HEIGHTS ZONING LAW
SECTIONS 17.4.E.1, 19.4.E.1 AND 20.3.C.1
IN REGARD TO THE REQUIREMENTS FOR
MAILING OF NOTICES OF PUBLIC HEARINGS FOR, RESPECTIVELY,
SITE PLAN REVIEW, SPECIAL USE PERMITS AND
ZONING BOARD OF APPEALS APPLICATIONS
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 revise the requirements for the mailing of notices of certain public hearings,
as set forth in the Zoning Law (the “Zoning Law”) of the Village of Cayuga Heights (the “Village”). The
Village’s new Zoning Law, adopted as of February 6, 2018, added a requirement that notices of public hearings
for site plan review, special use permits, and Zoning Board of Appeals applications must be mailed by certified
mail, return receipt requested, with the return receipts provided to the relevant Board in advance of the hearing.
The Village’s Board of Trustees has determined that these requirements result in an unnecessary burden on the
Village, both in terms of cost of such mailings and the time required to complete such mailings. The purpose of
this Local Law is to eliminate these requirements by deleting the last sentence of each of Zoning Law Sections
17.4.E.1, 19.4.E.1 and 20.3.C.1.
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
16 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 SECTIONS 17.4.E.1, 19.4.E.1 AND 20.3.C.1
The last sentence of each of Zoning Law Sections 17.4.E.1, 19.4.E.1 and 20.3.C.1, “Notices shall be mailed
certified mail, return receipt requested, and all return receipts shall be provided to the [Planning Board, in the case
of Sections 17.4.E.1, 19.4.E.1, Zoning Board of Appeals, in the case of section 20.3.C.1] prior to the public
hearing,” is hereby deleted in its entirety.
SECTION IV SUPERSEDING EFFECT
All Local Laws, Articles, resolutions, rules, regulations and other enactments of the Village of Cayuga Heights
in conflict with the provisions of this Local Law are hereby superseded to the extent necessary to give this Local
Law full force and effect. Without limiting the foregoing, to any extent that the terms of 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 V PARTIAL INVALIDITY.
In the event that any portion of this Local Law is declared invalid by a court of competent jurisdiction, the
validity of the remaining portions shall not be affected by such declaration of invalidity.
SECTION VI EFFECTIVE DATE.
This Local Law shall be effective immediately upon filing in the office of the New York State Secretary of
State, except that it shall be effective from the date of its service as against a person served with a copy thereof,
certified by the Village Clerk, and showing the date of its passage and entry in the Minutes of the Village Board
of Trustees.
Motion: Trustee Salton
Second: Trustee Friend
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
e. Zoning Amendment:
The Board discussed drafting language to define what brush is classified as firewood in the zoning law, but no
action was taken.
f. WWTP Resolution with GHD:
This is the design services proposal for phase II of the Headworks project.
RESOLUTION # 8246
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes Mayor
Woodard to sign a contract with GHD for the design phase of the Headworks project not to exceed $130,000.00
Motion: Trustee Robinson
17 Second: Trustee Marshall
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
g. Trustee Pay:
In the 2018-2019 fiscal year, the Board agreed to compensate the Trustees an annual amount of $3500.00.
RESOLUTION # 8247
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes Mayor
Woodard to establish the Trustee pay schedule as the first pay period in July and the first pay period in January.
The total amount split between the two periods is $1750.00.
Motion: Trustee Robinson
Second: Trustee Salton
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
h. Police Contract: June 1, 2018 to May 31, 2023
RESOLUTION # 8248
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes Mayor
Woodard to sign the new Village of Cayuga Heights PBA contract commencing on June 1, 2018 through May
31, 2023.
Motion: Trustee Salton
Second: Trustee Friend
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
i. The fence on the corner of Hanshaw Rd. & Forest.
At the time the fence was installed, any fence less than 4’ in height was not subject to a permit. The property is
being sold and the buyers attorney has requested the Village grant a license to allow the fence to remain on
Village property.
RESOLUTION # 8249
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and grants the license to
allow the 4 ft. fence to remain in the Village Right of Way located at 725 Hanshaw Road.
Motion: Trustee Salton
Second: Trustee Robinson
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
18 Motion carried
j. Tree Inventory Resolution:
Andre Bensadoun, the Village Forester, would like to submit a Tree Inventory grant application on the Village’s
behalf.
RESOLUTION # 8250
WHEREAS, the Village of Cayuga Heights Forester; Mr. Andre Bensadoun, on behalf of the Village of
Cayuga Heights is applying to the New York State Department of Environmental Conservation for a project
grant under the Urban and Community Forestry Program to be located in the Village of Cayuga heights NY
14850, a site located within the territorial jurisdiction of this Board;
NOW, THEREFORE, be it resolved that the Board of Trustees of the Village of Cayuga Heights hereby does
approve and endorse the application of Village Forester, Mr. André Bensadoun for a grant under the Urban and
Community Forestry Program for a project known as “Village of Cayuga heights Tree inventory and
Community Forest Management Plan” and located within this community.
Motion: Trustee McMurry
Second: Trustee Salton
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
Mayor Woodard would like to add Trustee Marshall to the Shade Tree Committee
RESOLUTION # 8251
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes the Mayor
to appoint Trustee Marshall to the Shade Tree Advisory Committee.
Motion: Trustee Salton
Second: Trustee Robinson
Ayes: Mayor Woodard; Trustees: Biloski, Friend, McMurry, Robinson and Salton
Nays: none
Abstentions: Marshall
Motion carried
k. Chickens: Tabled
l. NYSEG Confidentiality and Assurance Agreement: (Exhibit 2019-034)
The Board has to sign this agreement in order to find out what the buyout will be for the Village street lights.
RESOLUTION # 8252
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes Mayor
Woodard to sign the confidentiality agreement with NYSEG as written.
Motion: Trustee Friend
Second: Trustee Marshall
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
19 Abstentions: none
Trustee Salton exits the meeting at 8:24 p.m.
Motion carried
6. Report of the Trustees:
a. Tap Resolution: (Exhibit 2019-036)
RESOLUTION # 8253
TRANSPORTATION ALTERNATIVES PROGRAM MATCH ASSURANCE
WHEREAS, the Village of Cayuga Heights has long recognized the need to reduce the number of vehicles on
Village streets and create a more pedestrian and bicycle friendly environment; and
WHEREAS, the Village is also concerned with ensuring the safety of Village pedestrians including children
attending Cayuga Heights Elementary School, Boynton Middle School, and Ithaca High School; and
WHEREAS, The New York State Department of Transportation is making funding available to support
bicycle, pedestrian, multi-use path and non-motorized transportation-related projects as well as programs and
projects that reduce congestion and improve air quality through the State through the Transportation
Alternatives Program (TAP); and
WHEREAS, the TAP program provides reimbursement of up to 80 percent of project-related costs with the
remaining 20 percent provided by project sponsors; and
WHEREAS, the Village wishes to apply for TAP funding to support the construction of new sidewalks along
Kline Road (from Highland Road to Cayuga Heights Road) and Wyckoff Road (from Cayuga Heights Road to
the entrance to Lakeview Cemetery) and to improve the pathways within the cemetery, which project has been
named Walking Safe: Cayuga Heights; and
WHEREAS, the Village estimates the total project cost to be $640,000;
NOW, THEREFORE, BE IT RESOLVED THAT, the Village of Cayuga Heights Board of Trustees does
hereby resolve to apply for TAP funding for the Walking Safe: Cayuga Heights project and commits to meet the
project match requirement by providing funding in the amount of $128,000 through a combination of in-kind
services and direct financial contributions.
Motion: Trustee Marshall
Second: Trustee Friend
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, and Robinson
Nays: none
Abstentions: none
Motion carried
Trustee Salton returned at 8:35 p.m.
b. Parking in the Right of Way: (Exhibit 2019- 035)
Trustee Robinson would like to open a discussion on what is permitted in the Right of Way (ROW). Submitted
Photos.
•Parking in the ROW has been an issue for many years. Now residents are placing obstacles in the ROW to
prevent parking in the ROW.
•Granite curbing would solve the problem but is not affordable.
20 •Mayor Woodard is in favor in modifying the current law and prohibit parking in the ROW all together.
•The Board agreed to have the Police department issue warning tickets to those illegally parking in the
ROW. The next Village E-news blast will have a section devoted to this issue.
•There is a section in the property maintenance zoning code that makes the property owners responsible for
maintaining the ROW.
c. Chickens: The Board opens the discussion of creating a law to allow chickens in the Village.
•Mayor Woodard proposes the Village allow chickens, but the owners must inform the neighbors, and
chickens should be allowed to have free range in the back yard.
RESOLUTION # 8254
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes the scheduling of a
public hearing on the propose LL-G of 2018, allow the keeping of chickens in the Village. The hearing is
scheduled for August 21, 2018 at 7:00 p.m.
Motion: Trustee McMurry
Second: Trustee Robinson
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
7. Report of Sergeant Wright: Submitted Report (Exhibit 2019-037)
•No questions from the Board
8. Report of Assistant Superintendent of Public Works Wiese: Submitted Report (Exhibit 2019-038)
a. No Parking on W. Remington Road.
•There is no real safe place to park on W. Remington Rd.
•The Village will need to schedule a Public Hearing to pass a local law prohibit parking on W. Remington
Rd.
b. Drainage issues have been the biggest issues this month, there are sinkholes are showing up everywhere.
9. Report of Superintendent of Public Works Cross:
•There have been a lot of political signs showing up in the Village right of way. B. Cross will not have time
to remove them.
•The subject of portable sheds, B. Cross believes it was left out of the current zoning law. He will report on
what he finds out at the next Board meeting.
9. Report of the Treasurer Mangione: Submitted Reports (Exhibit 2019-039)
21 • Treasurer Mangione has started reducing her work hours to 30 per week.
Approval of Year End Budget Modifications:
RESOLUTION # 8255
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes the
Treasurer to make final budget modifications as necessary to bring any overdrawn expenditure accounts to zero.
Motion: Trustee Salton
Second: Trustee Robinson
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
June Abstracts:
RESOLUTION # 8256
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves Abstract #13 for
FYE2018 consisting of TA vouchers 135 - 142 in the amount of $2,905.11 and Consolidated Fund vouchers
969 - 1040 in the amount of $372,434.80 and the Treasurer is instructed to make payments thereon.
Motion: Trustee Salton
Second: Trustee Robinson
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
RESOLUTION # 8257
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves Abstract #1 for
FYE2019 consisting of TA voucher 1 in the amount of $14,012.58 and Consolidated Fund vouchers 1 - 25 in
the amount of $332,126.54 and the Treasurer is instructed to make payments thereon.
Motion: Trustee Salton
Second: Trustee Friend
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
10. Report of Clerk Walker: Submitted Report. (Exhibit 2019-40,41)
Clerk Walker was absent from this meeting.
11. Report of Attorney Marcus: The Board should authorize the Mayor to sign a temporary easement to install
a 50-foot section on sidewalk on the west side of Lake Street for the pedestrian sidewalk.
22 RESOLUTION # 8258
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes Mayor
Woodard to sign a temporary easement with the Town of Ithaca to install pedestrian sidewalk over a culvert on
west side of Lake Street.
Motion: Trustee McMurry
Second: Trustee Friend
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
12. Executive Session:
Resolution # 8259
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 Salton
Second: Trustee Robinson
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
The Village of Cayuga Heights Board of Trustees exit from Executive Session and return to the open meeting.
13. Adjournment
23 EXHIBIT 2019-115
Minutes VILLAGE OF CAYUGA HEIGHTS Tuesday, January 22, 2019
Ronald E. Anderson Fire Station BOARD OF TRUSTEES 7:00 p.m.
MONTHLY MEETING
Present: Mayor Woodard; Trustees: Biloski, Friend (arrived at 7:06 p.m.), Marshall, McMurry, and Salton; Police Chief
Wright; Superintendent of Public Work Cross; Assistant Superintendent of Public Works Wiese; Treasurer Mangione;
Clerk Walker
Absent: Trustee Robinson, Attorney Marcus.
Call to Order: Mayor Woodard calls the meeting to order at 7:03 p.m.
2. Approval of Meeting Minutes: October 30, 2017 (Exhibit 2019-103)
Resolution # 8337
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the October 30, 2017
meeting minutes as presented.
Motion: Trustee Marshall
Second: Trustee Biloski
Ayes: Mayor Woodard; Trustees: Biloski, Marshall, McMurry, and Salton
Nays: none
Abstentions: none
Motion Carried
Approval of Meeting Minutes: April 16, 2018 (Exhibit 2019-104)
Resolution # 8338
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the April 16, 2018
meeting minutes as presented.
Motion: Trustee McMurry
Second: Trustee Marshall
Ayes: Mayor Woodard; Trustees: Biloski, Marshall, McMurry, and Salton
Nays: none
Abstentions: none
Motion Carried
Approval of Meeting Minutes: July 16, 2018 (Exhibit 2019-105)
Resolution # 8339
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the July16, 2018
meeting minutes as presented.
24 Motion: Trustee Biloski
Second: Trustee Marshall
Ayes: Mayor Woodard; Trustees: Biloski, Marshall, McMurry, and Salton
Nays: none
Abstentions:
Motion Carried
Approval of Meeting Minutes: August 21, 2018 (Exhibit 2019-106)
(Trustee Friend arrives at 7:06 p.m.)
Resolution # 8340
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the August 21, 2018
meeting minutes as presented.
Motion: Trustee Biloski
Second: Trustee McMurry
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, and McMurry
Nays: none
Abstentions: Salton
Motion Carried
Approval of Meeting Minutes: December 17, 2018 (Exhibit 2019-107)
Resolution # 8341
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the December 17,
2018 meeting minutes as presented.
Motion: Trustee Salton
Second: Trustee McMurry
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry and Salton
Nays: none
Abstentions: none
Motion Carried
3. Report of Fire Superintendent Tamborelle: Submitted Report (Exhibit 2019-108)
•The Cayuga Heights Fire Department responded to a fatal fire on Christopher Circle on December 20, 2018.
•There was a lower number of calls overall the year, largely due to the nursing center at Kendall of Ithaca
making a medical emergency procedural change whereby the nursing center will call Bangs Ambulance directly
before calling 911.
•Annual fire training will be January 26, 2019 and the department will be utilizing the new fit test machine.
4. Privilege of the Floor: No members of the public wished to speak.
25
5. Report of Mayor:
a. NYPA LED Presentation- Casey Mastro: CNY Energy Manager
•New York Power Authority (NYPA) has a turnkey aggregated project geared toward smaller municipalities.
•NYPA is currently working with 8 municipalities in the County. There are 3 ways to get LEDs – Utility owned
model, municipality owned model, and deferred rental of the utilities.
•NYPA will cover the cost of assessment, then construct a full design and engineering plan followed by
procurement and then finance the project, with no money down.
• This project would be a cash flow positive with a net savings to the Village of $35k per year.
Mayor Woodard stated that the Village will not have to take on more bond debt to fund this project and the
Village will finally have an accurate street light count.
Village Treasurer Mangione asked C. Mastro to confirm that the Village will not be subject to the constitutional
tax limit. C. Mastro confirmed.
Trustee Salton asked if LED bulbs will come down in price. Casey stated that when the NYS Smart Street
Lighting Program was launched, NYPA put out a nationwide RFP and secured the lowest possible pricing.
Philips roadway fixtures included smart controls. Smart controls offer the municipalities the value of dimming
and controlling lighting which will be a financial credit down the road. There is not a better price out there.
26 Village Engineer B. Cross stated that owning our own lights would change to a service class tariff and that will
defer all the facility charge payments. The Village will then be able to submit actual metered usage. The
proposed NYPA project includes the control nods (lights) which will allow dimming and disconnection from
the grid if needed.
•NYPA financing rate is annualized every February. NYPA corporate paper will determine the percentage rate
for financing, currently it is around 3 %.
Trustee Marshall asked if C. Mastro could give the Board a schedule. C. Mastro stated that he hopes to hold a
design meeting in March and installation completed by the end of 2019. The Village first needs to purchase
assets from the utilities, which could take up to 60 days.
Trustee McMurry asked to what extent the Village would have to coordinate with other municipalities on design
and schedule. C. Mastro stated that each municipality is under their own contract with NYPA. All
municipalities benefit from the material cost savings.
•The unit per light cost is going up and will continue to increase as NYSEG loses customers. NYSEG is using a
cost or PVROA – a formula for trying to re-coop costs of buyouts.
•Once the City of Ithaca signs on to NYPA’s proposal. The volume of business is complete and NYPA can go
to bid.
Resolution # 8342
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes Mayor
Woodard to sign the Street Light Facility Sales Proposal Offer from NYSEG dated July 13, 2018.
Motion: Trustee Salton
Second: Trustee Friend
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry and Salton
Nays: none
Abstentions: none
Motion Carried
Resolution # 8343
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes Mayor
Woodard to sign the Energy Service Program and LED Street Light Conversion Project with New York Power
Authority dated January 16, 2019. Exhibit 2019-109
Motion: Trustee Marshall
Second: Trustee McMurry
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry and Salton
Nays: none
Abstentions: none
Motion Carried
b. GHD Design Drawing:
27 Village Engineer B. Cross received a letter from Matt Russo of NYSDEC stating that the preliminary design
drawings of phase I of the WWTP were approved. The next step will be for GHD to submit the 90% drawings
for NYSDEC to approval.
c. NYSDEC Invasive Species Grant:
The Invasive Species Grant (ISG) will complement the Tree Inventory Grant that was awarded to the Village in
November. The ISG grant addresses 2 invasive species already in the Village: japanese knotweed, and emerald
ash borer beetle. The Village Forester will be looking at the application later this week.
d. M. Macenas:
Mr. Macenas is interested in developing a vacant 6 acre plot next to the Corners Community Shopping Center.
David Herrick from T.G. Miller P.C. has produced site plans, and architect Barry Hamel produced the
elevations drawings.
28
B. Cross stated that the reason M. Mecenas is addressing the Board tonight is because this project would fall
into the Planned Develop Zone (PDZ) which allows for variation from the underlying residential zoning
regulations.
Trustee McMurry stated that the Trustees can create and approve zoning regulations specific to the site. The
project will then be referred to the Planning Board for site plan review. Final approval falls on the Board of
Trustees.
29 D. Herrick pointed out that there is a wetland on the property covering 6/10 of an acre. The filling wetlands is
allowed up to 1/10 of an acre with a permit. The idea would be to file for a permit to fill that wetland.
•The setbacks would be 30ft with 92 parking spaces for the 3 proposed buildings.
•One building would have lower level retail space and living above. Only residential in the 2 other buildings.
•The type of units would be condominiums. M. Mecenas foresees 50 units.
•Lot coverage is about 12%, this does not include wetlands and steep slopes.
D. Herrick stated that there will be some non-standard storm water drainage approaches. Mayor Woodard
asked why there is a need to fill the wetlands. D. Harrick stated that the wetland severs the property and just
won’t work as a stormwater connection.
Village Engineer B. Cross stated that one key component is that this is a residential district with a proposed 4-
story building project with a height of 55’ average above grade. Residential zoning only allows for a maximum
building height of 25’.
Trustee M. McMurry stated that the goal was to create a transition area from residential to commercial zones.
This project is more of a jump than a transition because of the building height.
Trustee Biloski asked if there were any thoughts of pools, patios or other amenities for the project. M. Mecenas
stated that it all depended what the marketplace wanted.
Mayor Woodard felt that a 4-story building is too imposing for that area. It is difficult to envision the true
height of a 4-story building. Flags could be installed to give a visual. The Norway spruces trees that are planted
there are 25’ now and grow on average a foot a year, so might provide screening.
Trustee Friend is concerned about the availability of adequate parking. T.G. Miller’s D. Herrick stated that
parking and stormwater designs will be complicated.
Mayor Woodard asked if there were plans to incorporate alternative energy. M. Maecenas stated that any
concepts of utilizing alternative energy have not been looked at yet.
e. February Board Meeting:
Mayor Woodard proposed rescheduling the February 2019 Board of Trustees meeting to accommodate some
Trustee’s travel schedules.
Resolution # 8344
BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees approves and authorizes the
Mayor to change the Board of Trustees February 19, 2019 meeting to February 25, 2019 at 7:00 p.m. at the
Cayuga Heights Fire Department.
Motion: Trustee Marshall
Second: Trustee Friend
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, and Salton
Nays: none
Abstentions: McMurry
Motion Carried
6. Report of the Trustees
30 a. General Code:
The manuscripts were edited by Trustee McMurry, Trustee Biloski, and Treasurer Mangione with very little
substance change. Attorney Marcus will add input and present a final draft to the Board in March.
Village Treasurer suggested the 2019-2020 Budget Workshop be held on March 23, 2019 form 9-12 p.m.
7. Report of Police Chief Wright (Exhibit 2019-109) Submitted Report:
Chief Wright still has 2 part-time officer positions he would like to fill. There is a continuous recruitment
list that the County lists for the Village to draw from.
Resolution # 8345
BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees approves and authorizes Chief
Wright to advertise and interview to fill 2 part-time vacancies for Village of Cayuga Heights Police Officer.
Motion: Trustee Salton
Second: Trustee Marshall
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry and Salton
Nays: none
Abstentions: none
Motion Carried
8. Report of Assistant Superintendent of Public Works (ASPW) Wiese
a. North Triphammer Road Lighting: Lights are working, and the pilot solar light is still working and
will stay up.
•The on-call snow crew worked a total of 36 hours of overtime during the recent snowstorm.
•Sidewalk plow has a broom that worked well but now needs some repairs.
•A resident on Upland and Triphammer Road had emailed Mayor Woodard asking why the Village didn’t salt
the sidewalk. The Board recognizes her concern but decided that it does not make sense for the Village to treat
the sidewalks.
9. Report of Engineer Cross:
a. TCSWC – tabled until next month
•The WWTP is operating on a single heating system and the replacement of that system is built into Phase II of
the plant project which puts it 2 or 3 seasons down the road. B. Cross has asked GHD and will ask Casey
Mastro of NYPA about shifting that project into Phase I.
•The Bergmann contract is ready to be presented to the Board in February.
•Trustee McMurry ask about the T.G. Miller Cayuga Heights Road study. B. Cross stated that they are just
starting to look at it.
31 10. Report of the Treasurer Mangione (Exhibit 2019-110)
Resolution # 8346
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 $269,683.46 and the Treasurer is instructed to make payments thereon.
Motion: Trustee Salton
Second: Trustee Biloski
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, and Salton
Nays: none
Abstentions: none
Motion carried
11. Report of Clerk Walker
a. Active Shooter Training:
•The department heads were emailed the link to provide online training to their staff.
b. Village Signs:
•The Village doesn’t have proper signage to alert the public to changes to meeting location and times.
Signarama of Ithaca will produce the new signs for Marcham Hall budgeted out of Village Hall Contractual
fund.
12. Adjournment
Mayor Woodard adjourns the meeting at 10:06 p.m.
32 EXHIBIT 2019-116
February 26, 2019
Honorable Linda Woodard
Board of Trustees
Village of Cayuga Heights
Monthly Report January 2019
We started strong in 2019 with a total of 58 runs for the month. We had 25 calls in the Village of Cayuga
Heights, 23 calls in the Town of Ithaca and 10 requests for mutual aid. There were 36 EMS calls and
22 fire runs. At the end of the month we did not realize how busy we had been. Through the month we
responded to multiple mutual aid calls. The Lansing Fire Department requested us to the scene of two
working fires and we responded to Groton for a working fire while covering for Lansing on the night of
their banquet. Many of our members were involved in suppression and overhaul operations at all of
these incidents.
Training was slow during the month of January. We worked with the probationary members who were
in town to help get through checklist items and several of these members have completed the work. On
the last weekend of the month we did our annual OSHA refresher and CPR recertification training. All
members of the department are required to attend this training. We had 48 people at the all-day training.
The morning and early afternoon are dedicated to the OSHA refresher and the afternoon is set aside for
CPR recertifications. A major component of the annual training is Violence in the Workplace and
Sexual Harassment. All members of the department get training in these topics at recruit training and
annual refreshers. With the purchase of the new fit testing machine we were able to get every member
of the department tested during the annual training. This machine is amazing and will help keep us
compliant with state and local fit testing requirements for many years. We decided to not run a spring
recruit class this year and instead will work on staff development. We are planning multiple training
sessions for our members who would like to move up to interior status to help with interior checklist
completion and skill evaluations. We are also going to focus some time on driver training to help those
who want to drive the heavy trucks get through the process. We do not take driving lightly and have an
in-depth process that all drivers need to complete before they are cleared.
All of our equipment is in good working order at this time. The work that we had done on the fire
station in the fall to mitigate the water leaks seem to be holding up well, but we will hold final
judgment on this issue until we are through the rains of spring.
Fire Department elections will be head in April. We have appointed a nominations committee through
the fire company and they are compiling a slate of eligible members to run for officers’ positions. We
have job descriptions for officer positions in the department that we follow closely. All members must
meet the criteria for the position they wish to run for before their nomination moves forward to the
membership for election. Officers will be elected at our annual organizational meeting in April and
the slate will be forwarded to the Board of Trustees for approval. Officers will be sworn in at the
Annual Installation Dinner on April 27th.
33 We are back to full staffing after the winter break. It is nice to have our full complement of members.
Those who were in town for the break did an amazing job of covering all the calls and are glad to be
able to let others carry the load for a while.
Sincerely,
George Tamborelle
Fire Chief/Fire Superintendent
34
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37
38
39
40
41
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43 EXHIBIT 2019-118
2018-2019 Annual Report
Beatrice Szekely, Village of Cayuga Heights Historian
Carole Schiffman and Randi Kepecs, Historic Preservationists
Historian’s Activity
Publications and Presentations
“Highlights in the Development of Cayuga Heights,” (a history of village zoning) given as a talk at the History
Center in Tompkins County, April 28, 2018, and published in Village Voices, the Village of Cayuga Heights
annual newsletter, summer 2018.
“Kate’s Gray Metal Trunk,” an essay about a former neighbor on Klinewoods Road that will appear in Living in
Tompkins County, edited by County Historian Carol Kammen and Bruce Estes, publication forthcoming (2019).
“Making Cayuga Heights,” a talk given at Kendal at Ithaca, January 16, 2019; 90 attendees.
Oral History Interviews
James Steinmetz, retiring Cayuga Heights police chief
Paula Bensadoun, scientific illustrator and artist
Manuscript Research
Papers of the Cayuga Heights developers, Jared Newman and Charles Blood, and other holdings in the Rare
and Manuscript Collections of the Cornell University Library.
Digitized plans for housing lots and subdivision in Cayuga Heights made by landscape architect Warren H.
Manning from the Iowa State University archives available.
Municipal records of the Village of Cayuga Heights.
Writing
I have begun what may, or may not, be a book about the history of the village: its early development after
1900, incorporation in 1915, growth and community up until World War II, and enlargement by annexation in
1953. With two chapters done, I’m into the third.
Please Note
I am scheduled to offer a Walk and Talk event sponsored by Historic Ithaca in the White Park section of the
village on Saturday morning, June 22, 2019 (postponed from 2018). This refers to the area bounded by
Triphammer Road, Oak Hill Road, Highland Road and Iroquois Road. Conversation with the Mayor and Chief
Wright is needed. A similar event in Sunset Park held in 2017 ago drew fifty-five people.
Activity of the Historic Preservationists
Book Collection
44 Carole Schiffman and Randi Kepecs are compiling a collection of books by authors living in Cayuga Heights or
books about the village. Approximately 75 have been acquired to date, some as gifts, others purchased using
funds in the annual historian’s budget line. Selected titles are on display through the glass door of the locked
bookcase in the jury room of Marcham Hall, the Cayuga Heights municipal building. A list of titles and a write
up about each book and its author is being prepared.
Cayuga Heights History Project
Because Google is withdrawing the type of support that makes possible the interactive map on the Cayuga
Heights History Project website, we have a challenge in the year ahead to find a replacement.
Funding request
$1,000 is requested again for the 2019-2020 fiscal year. Total spent in the 2019-2019 year to date is $152.20
(dues, subscription, photocopying, upholstery for interior of bookcase in jury room holding the book
collection). I’m proposing having the original boundary survey of the village that was made on the occasion of
the incorporation framed (backed by acid-free paper with non-reflective glass in a simple wood frame) for
hanging with brief interpretive signage somewhere in Marcham Hall.
BBS/2/16/2019
EXHIBIT 2019-119
Tree Inventory and Standard
Management Plan
Proposal Date: January 2019
Prepared for:
Village of Cayuga Heights
Prepared by:
Andrew Hillman, Business
Developer Davey Resource Group,
Inc.
3315 Swamp College Road, Trumansburg, New
York C. 607.339.3968
45
Scope of Work
The proposed project comprises two key components:
1. Tree Inventory. DRG will perform a Geographic Information System (GIS)-based inventory of
maintained trees, planting sites, and stumps located within public rights-of-way (ROW) and
in public parks and properties owned by the Village of Cayuga Heights (“Cayuga Heights”).
Approximately 3,000 sites will be located, and information about each site will be recorded
in the tree inventory database. Our tree inventory will be based on American National
Standards Institute (ANSI) A300 standards.
2. Tree Management Software. DRG will provide to the Village of Cayuga Heights a free, one-
time, one-year trial of TreeKeeper® Software. Your tree inventory data will be delivered in
DRG’s multi-purpose, cloud-based tree management software TreeKeeper® and it will also
be provided as an ExcelTM database and ESRI® shapefiles.
3. DRG will develop a management plan upon completion of the inventory.
Tree Inventory
The following steps detail how DRG will complete this project on time and within budget.
Communication
DRG is client-driven. We pride ourselves on clear, consistent communication. From project
beginning to end, Cayuga Heights will know the staff assigned to this project and how it is
progressing.
Data Mining
After contract execution, DRG will, within five (5) business days, begin obtaining the necessary
GIS data and imagery needed for the project. DRG’s urban foresters work with our GIS
department, and typically your GIS or planning department, to complete this step. We use the
data fields defined in this proposal and the imagery, maps, and data files we obtain from various
sources. If necessary, we can get imagery from other public sources to prepare our field
computers.
Field Computers and Accuracy
Having worked on thousands of tree inventory projects, we have found that using a combination
46 of GIS and a customized data collection program provides the most accurate data and the most
efficient means for inventorying that data. We use our in-house designed GIS software tool in
conjunction with ruggedized computers with a GPS receiver to collect inventory data. Under
favorable conditions, our equipment allows for sub 2-meter location accuracy of point data.
Data Access
Our in-house GIS collection tool syncs seamlessly to DRG’s TreeKeeper® software. DRG shall
provide to Cayuga Heights this software, TreeKeeper® to you during data collection and DRG
shall provide instruction in the use of this software. You can utilize TreeKeeper® to review and
field check data, and even to route and plan for tree work as the data are being collected by
simply logging into our cloud-based, secure tree management software system.
Personal Protective Equipment (PPE)
Safety is the number one priority of DRG. To ensure the safety of our workers and those
traveling nearby, DRG employees will wear the following PPE at all times that they are
providing services to Cayuga Heights: ball caps, high-visibility safety vests, safety glasses, and
over-the-ankle boots.
Kick-off Meeting
Our staff will contact you within five (5) business days after contract execution to schedule a
kick-off meeting. During the kick-off meeting, we will discuss inventory safety, communication
procedures, and project milestones. If possible, we hope to assess a few trees with you and your
staff to ensure that our assessment results are consistent. Data collection will begin within five
(5) business days after the kick-off meeting.
Data Collection Protocols
Fieldwork consists of locating trees, stumps, and planting sites in Cayuga Heights street ROW,
parks, and properties owned by Cayuga Heights; evaluating trees; and recording the specified
information in our field computers. During data collection, DRG urban foresters walk by each
tree and assess the tree from the ground. Based on the conditions at the time of the assessment,
DRG staff identify the tree's species and its location, measure tree diameter, and rate its health.
We also assess tree risk and suggest the specific maintenance involved in mitigating that risk. All
additional information particular to the job is also collected at this time. When data collection for
a tree is complete, our urban foresters walk to the next tree and follow the same steps, in the same
order, to ensure consistent data collection. We collect data Monday through Friday and often on
weekends with our clients’ permission.
Data Fields and Tree Risk Assessment
For the inventory, DRG will collect the following data fields: address (street address and X and
Y coordinates), species, tree size, multi-stem tree, condition, maintenance needs, defects, tree
risk assessment and rating, residual risk, further inspection, overhead utilities, and the date of
inventory.
47 During the inventory, we will perform an inspection of each inventoried tree that follows the
ANSI Level 2 tree risk assessment (ANSI 2017). Our Level 2 tree risk assessment shall include a
360-degree ground-based visual inspection of the crown, trunk, trunk flare, above ground roots,
and site conditions around the tree in relation to targets. The assessment only includes conditions
that are detected from the ground; internal, belowground, and upper crown factors cannot be
assessed and may remain largely undetected. The specified period for the risk assessment is one
year. The risk component of this inventory and evaluation is to maintain compliance with the
most recent standards and practices in the arboricultural industry. It is important to note that our
inspections are “rapid assessments” and are meant to indicate a need for further study; the
assessments provided based on these inspections should not be considered legally binding in any
litigation.
For the tree risk assessment, our urban foresters will assign each tree one qualitative risk rating
using the risk categorization matrices found in the International Society of Arboriculture Best
Management Practices - Tree Risk Assessment, Second Edition (E. Thomas Smiley, Nelda
Matheny, and Sharon Lilly 2017) . Various and multiple failure scenarios help determine a tree’s
risk rating. The failure mode (i.e., branch, whole tree, codominant stem) with the greatest risk
will serve as the overall tree risk rating. Sounding is not specified for any tree. See Appendix A
for complete descriptions of this project’s data fields and Appendix B for limitations of the tree
risk assessment.
Quality Control
To ensure that we meet your project goals and objectives and that the inventory data you receive
are consistent, clean, and in the format you want, we employ a Quality Assurance Process
(QAP). Our QAP defines the way our inventory data collection team performs and completes
work from project start to project completion.
Before we start fieldwork on any project, we make sure the entire team understands the specifics
of the scope of work, staffing requirements, and project deadlines. Once the DRG team is briefed
and prepared, we introduce the key members to our clients and discuss how we plan to
accomplish the work. We make sure everyone is on the same page and that we do not overlook
any details or project requirements. We also ensure that a process is in place that allows for
proper communication between our staff and your staff. Prior to commencing work, DRG will
provide to Cayuga Heights the names, cell phone numbers, and email addresses of each DRG
employee who will be performing field work under this contract.
In addition to ensuring the correct scope of work, during fieldwork DRG will perform quality
control checks on the data. DRG urban foresters periodically check about 2% of the data
collected and analyze the data for consistency and adherence to the project scope. In addition to
field tests, we run computerized quality control checks to confirm accuracy and check for
completeness, duplicate sites, and proper addressing. We also invite you to perform on-site
verification of the data.
48 Below is an example of our current quality control statistics for tree inventories. Should our
results fall below the target score, we will let you know and take immediate corrective action at
our expense.
Inventory Statistics
Site Count to Date Percent Complete Estimated Total Site Count
10,783 10.28% 104,865
Quality Assurance
Overall Critical
Error Score Target Critical Score Target Non-Critical
Error Score
Target Non-Critical
Score Percent Audited
98.86% 98% 97.87% 95% 2%
To keep you apprised of the project’s process, we send weekly project status updates showing a
screen capture of the inventory’s progress and findings of our quality control checks. The updates
also present any concerns found during data collection and inform you where we plan to
inventory next.
Inventory Close-Out Reports
As part of the inventory project, DRG will provide two project close-out reports. The first report
is a one-page project narrative that simply lists the results of the tree inventory. This report spells
out the number and types of sites collected, provides information about the species composition
and diameter class distribution of the inventoried tree population, and identifies the amount and
type of maintenance recommended during the inventory.
The second close-out report is a short slideshow that can be used to demonstrate the results of the
inventory to other interested parties, including staff, the Tree Committee, or Board of Trustees.
The slideshow includes a map view of the inventory data, a list of the project’s data fields, and
uses charts to show inventory findings such as species diversity, condition rating, relative age
class distribution, and maintenance needs. The reports are printed and produced in PDF formats.
We will deliver both reports within four weeks of inventory completion. Please note that the
slideshow is an electronic file for your use; DRG’s staff do not present the slideshow.
Tree Inventory Data Delivery
For this project, you are eligible to receive tree inventory data in DRG’s TreeKeeper® software.
As part of our one-time software trial, DRG will provide a one-year subscription to TreeKeeper®
software to Cayuga Heights free of charge. The Village will also receive one year of telephone
software support, also free of charge for the initial one-year period. You can download data from
TreeKeeper® in CSV/Excel™, ESRI® shapefile, and Geodatabase formats. You can access
TreeKeeper® using Safari® on an iOS device or via Google Chrome™ on a Windows® or Android
device.
Tree inventory data will also be delivered in ExcelTM spreadsheet format and as ESRI® shapefiles.
49 TreeKeeper®
On Arbor Day of 2017, DRG released the latest version of TreeKeeper®, our flagship tree
management software. This release continues the TreeKeeper® product line that has successfully
led the industry for over 20 years. Integration is central to the TreeKeeper® design; users can
interact with tree inventory data in a variety of helpful ways. Whether you are in the office or out
in the field, coordinating your internal crews or outside contractors, or sharing benefits
information with the public, TreeKeeper® is user-friendly and the most convenient tool to quickly
access information.
TreeKeeper® is a versatile cloud-based software service geared towards helping you utilize,
update, and share your tree inventory data. Developed and maintained by DRG, TreeKeeper® is
the product of over two decades of research, development, and industry vetting. TreeKeeper® will
help you find and schedule work, keep your tree and site information current, and showcase the
environmental benefits of trees.
One of the things that makes TreeKeeper® the industry leader is that users get the full
functionality of the software upfront; no add-ons or a la carte software pieces are needed to
calculate tree benefits or create work orders. Also, TreeKeeper® runs, looks, and acts the same
whether you are using the software on your desktop, laptop, or tablet computer. TreeKeeper® is
available as a subscription service (SaaS) with one-year, three-year, and five-year subscriptions
available to fit your program’s budgeting needs.
DRG’s TreeKeeper® gives you at-a-glance access to your tree inventory data.
Finding and updating sites is easy from the map or grid.
50 Interactive Work Environment
TreeKeeper® uses grid/map interaction and a tool tray with an in-line search mechanism that
allows you to view and sort inventory data from a map screen or an interactive list view (grid).
You can use the map and grid views simultaneously or independently, and since they are linked
together any changes you make or new searches you run are seen instantly in both views. The
map and grid can be docked, undocked, minimized, or maximized to allow you to work in the
screen environment you prefer.
TreeKeeper®’s interactive environment will help manage its inventory data, easily update tree and
site records, create work orders, view tree benefits, assign and track tree work, and catalog
maintenance expenses. You will also be able to identify trends, project budgets, and even estimate
and share the benefits that community trees provide to the community.
Designed by Users
TreeKeeper® was developed by DRG with the help of users like you. Over the past 20 years,
many of the functional upgrades made to the TreeKeeper® system were based on feedback from
our clients.
TreeKeeper® has been tailored, through peer review and input as well as technical innovations, to
meet the needs of any person who needs to view, use, update, and report on tree inventory data.
Key Features
● Map-Centric—enables you to identify information about individual sites or groups of sites
by simply clicking on the map.
● Queries—find sites by address, species, condition, maintenance, etc. You can search by one
or multiple data fields and can narrow down the results to meet your needs.
● Switch Layers On-the-Fly—quickly change which data layer you are looking at through a
simple drop-down menu.
● Dashboards and Reporting—create reports at the touch of a button so that you can quickly
identify work volumes and respond to inquiries about tree work from the council, mayor,
your boss, or concerned citizens.
● Work Orders—allows you to assign work to crews, projects, or programs.
● Work History—keeps track of edits to sites so that you know what changes were made, who
made them, and when.
● Global Editing—update one record at a time or make batch edits to multiple sites at the click
of a button.
● Multi-User Access—available via a secure internet connection.
● Permissions—granular user-level permissions are available, enabling you to assign access
levels (no, read, or edit access) by classifications such as staff, contractors, or guests.
● Calculates Tree Value—estimated using the built-in tree value estimator, which uses a
derivation of the trunk method valuation formula.
● Export Data—data are easily exported to other software applications such as Microsoft®
Office and other word processing and spreadsheet programs.
51 TreeKeeper® in the Field
TreeKeeper® works with most tablet computers.
TreeKeeper® uses the location services or GPS
availability of your tablet to automatically locate your
position on the map and show you nearby inventory
sites. By clicking on a site, you can see the details
recorded on the highlighted site. TreeKeeper® also
allows you to add new trees/sites to the map with a
simple drag and drop; query sites by address, data
field, assigned work records, or planned work orders;
and make real-time updates.
Know and Share the Value of the Urban Forest
TreeKeeper® calculates the ecosystem benefits of
individual trees, groups of trees, or an entire urban
forest using inventory data. Site visitors may not edit
the data
nor is the interface intended for crowdsourcing. You can limit the amount of data that visitors
see to specific data fields (for example, species, DBH, benefits, and location).
Managing data has never been easier. This screenshot of DRG’s
TreeKeeper® shows the dashboard, query, and the call-out box.
52 Planning
DRG’s core urban forestry services focus on municipal tree management, including inventorying
trees, designing tree management software, mapping and assessing tree canopy cover, and
developing urban forest management plans. Communities choose to work with DRG because of
our ability to collect and analyze data, bring together partners and stakeholders, identify program
strengths and weaknesses, and create management plans that help communities address and meet
program goals and objectives.
DRG has knowledgeable staff with experience helping communities across the country plan to
maintain, manage, and grow their urban forests.
Tree Management Plan
Within four (4) weeks of completion of the inventory, DRG will deliver to Cayuga Heights the
management plan. Our tree management plan is designed to help Cayuga Heights plan and budget
for future tree maintenance, including steps you can take to become more proactive in caring for
its community’s trees. The tree management plan summarizes the inventory’s findings and
analyzes the data helping you understand the structure and composition of its urban forest. The
plan also provides insight into current tree maintenance needs and some of the threats that trees
face, which could impact you fiscally, aesthetically, and emotionally. Annual tree maintenance
workloads and general budgets are provided in an easy-to-use, editable Excel™ spreadsheet. The
tree management plan also demonstrates the environmental benefits of the urban forest by
showcasing its value in carbon sequestration and storage, reducing stormwater runoff, and saving
energy.
The following list states the sections included, at a minimum, in DRG’s tree management plan:
Management Plan Sections
● Executive Summary—Presents a brief overview of inventory findings, including the current
state of the urban forest and recommended tree maintenance needs.
● Inventory Analysis—Identifies the inventoried area and discusses the tree population
characteristics that direct management, including species diversity, diameter size class
distribution, general health, priority maintenance, and potential pest-related threats to
trees. Trends, observations, and concerns noted during the inventory or identified during
analysis of the data are also discussed in this section.
● Benefits of the Urban Forest—Inventory data are assessed using i-Tree Streets to show the
environmental, ecological, and economic benefits trees provide to the community.
● Tree Risk Reduction Plan
● Storm Response Plan
53
DRG’s analysis of tree inventory data will inform you of potential threats to the
urban forest and the impact such threats may have on your tree population.
● Tree Management Program—An essential component of any tree management program is
knowing your maintenance needs. This section discusses the processes and activities that
comprise a proactive, multi-year tree management program. We use your inventory data to
project annual maintenance needs—including priority and proactive maintenance—such as
priority tree removal and pruning, routine tree pruning, and structural pruning cycles. To
help you with budget projections, we include a multi-year, editable Excel™ maintenance
schedule and cost spreadsheet. This maintenance schedule will help you approximate the
cost to perform the suggested tree maintenance based on average industry unit rates to
perform similar work. Community outreach and plan and inventory updates are also
presented in this section.
● References, Glossary, and Appendices—The management plan also provides a list of
reference materials, a glossary of terms used in the plan, and relevant appendices which
may include species recommended for future planting, and damaging regional invasive
pests and diseases.
Village of Cayuga Heights’ Investment
Tree Inventory
❑ Computerized inventory data collection of up to 3,000 existing
trees, stumps, and/or planting sites, for a cost of: $12,500
❑ Additional inventory data collection above 3,000 trees/sites at a unit rate of: $4.00/site
TreeKeeper® Software - One Time, Free One-Year Trial
❑ One-year subscription Free
During data collection, tree inventory data will be available for clients to view with compatible computer systems
via our TreeKeeper® software. Clients agreeing to receive our promotional offer will receive one free year of
TreeKeeper® service beginning on the last day of the month the inventory data is officially released to the client
and ends 365 days later. One year of telephone software support is provided. No discounts are provided if the
promotional software service offer is refused.
54
TreeKeeper® Software Renewal Fees (Optional)
The inventory data is the property of Cayuga Heights and there is no obligation to extend
the software beyond the one-year complimentary service. Should you wish to continue
using TreeKeeper®, the following fees apply. The renewal fee is locked at the fee listed
below as long as the subscription does not lapse.
❑ One-year subscription $2,500/yr
Additional TreeKeeper® Services
❑ Custom TreeKeeper® Training $400 web/$1,800 on site
Planning
❑ Standard Tree Management Plan $3,100
Data assessment with findings and recommendations for maintenance with
a 5-year projected budget
55
Acceptance of Proposal
Client
Contact: Linda Woodard,
Mayor Village of Cayuga
Heights
836 Hanshaw Road
Ithaca, New York
14580
DRG, Inc Representative: Andrew Hillman
T: 607.339.3968
E:
andrew.hillman@davey.com
Proposal Date: 1.5.2019
56
ACCEPTANCE OF PROPOSAL: The above prices and terms and conditions and warranty are hereby accepted. I
am authorized to bind the Village of Cayuga Heights and authorize Davey Resource Group, Inc. to perform the
specified work. I am familiar with and agree to the terms and conditions appended to this proposal. I
understand that once accepted, this proposal constitutes a binding contract. This proposal is based on an
estimated number of trees/sites to be inventoried. Davey Resource Group, Inc. reserves the right to
renegotiate the price based on the timing of the award, scheduling of fieldwork, final methodology chosen by
the client, and availability, completeness, and quality of maps and GIS information. All the terms of
Appendix B below are incorporated into this agreement.
Authorized Signature:
Name:
Date:
Total:
Please add up the costs of services and insert total on the line above
Davey Resource Group, Inc.
Authorized Signature:
Name: Andrew Hillman
Date: January 14, 2019
Appendix A
Limited Warranty
The Davey Tree Expert Company, its divisions, agents, representatives, operations, and
subsidiaries (collectively “Davey”) provides this Limited Warranty as a condition of providing
the services outlined in the agreement between the parties, including any bids, orders, contracts,
or understandings between the parties (collectively the “Services”).
Davey provides the Services utilizing applicable standard industry practices and based on the
facts and conditions known at the point in time the Services are performed. Facts and conditions
related to the subject of the Services may change over time. Davey cannot predict or determine
developments concerning the subject of the Services and will not be liable for any developments,
changes, or conditions that occur, including, but not limited to, decay or damage by the
elements, persons or implements, insect infestation, deterioration, conditions not discoverable
57 using the means and methods used to perform the Services, or acts of God or nature or
otherwise. If a visual inspection is utilized, visual inspection does not include aerial or
subterranean inspection, testing, or analysis.
Davey will not be liable for the discovery or identification of non-visually observable, latent,
dormant, or hidden conditions or hazards, and does not guarantee that items will be healthy or
safe under all circumstances or for a specified period of time, or that remedial treatments will
remedy a defect or condition.
Davey may have reviewed publicly available or other third-party records or conducted interviews,
and has assumed the genuineness of such documents and statements. Davey disclaims any
liability for errors, omissions, or inaccuracies resulting from or contained in any information
obtained from any third-party or publicly available source.
To the extent permitted by law, Davey does not make and expressly disclaims any warranties or
representations of any kind, express or implied, with respect to completeness, accuracy, or
current nature of the information contained in the Services or the reports or findings resulting
therefrom beyond that expressly contracted for by Davey in the agreements between the parties,
including but not limited to, performing diagnosis or identifying hazards or conditions not within
the scope of the Services or not readily discoverable using applicable standard industry practices.
Davey disclaims any warranty of fitness for any particular purpose. Davey’s warranty is limited
to one year from the date Services are performed. Davey’s liability for any claim, damage, or
loss, whether direct, indirect, special, consequential, or otherwise, caused by or related to the
Services shall be limited to the Services expressly contracted to be performed by Davey.
58 Appendix B: Indemnification, Insurance, and Miscellaneous
DRG shall indemnify Cayuga Heights for, and hold Cayuga Heights harmless from and against,
any costs, claims, action or liability incurred by Cayuga Heights as a result of any action of any
principal, owner, director, employee, or subcontractor of DRG taken in connection with DRG’s
provision of the Services. DRG will, at DRG’s expense, maintain in effect throughout the term of
the contract with Cayuga Heights insurance coverage reasonably satisfactory to Cayuga Heights,
including, but not limited to, general liability insurance coverage with limits of not less than
$1,000,000 naming Cayuga Heights as an additional insured, and all Workers Compensation
required by applicable law. DRG will deliver to Cayuga Heights proof of such insurance
coverage prior to commencing the work.
Miscellaneous:
1. Term and Termination. This agreement will remain in effect until DRG has completed the
work described above. Cayuga Heights has the right to terminate this Agreement at any
time with or without cause, by delivery of written notice to DRG not less than ten (10)
business days in advance of the effective date of such termination.
2. Independent Contract Relationship/ No Joint Venture. The parties to this agreement are
independent contractors, and no relationship of employer or employee is deemed to be
established by this Agreement. The parties hereto shall not be deemed to be engaged in
any joint venture, partnership, or other legal mutual relationship, other than as
independent contractors.
3. Entire Agreement. This Agreement contains the entire Agreement of the parties hereto, and
its terms may not be changed except by an instrument in writing executed by all the parties
hereto.
4. Costs and Attorneys - Fees. Each party agrees to pay all costs and expenses, including
reasonable attorneys-fees and disbursements, that may be incurred or paid by the other
in successfully enforcing the covenants and agreements in this Agreement.
5. No Waiver. The failure of either party to exercise such party’s rights hereunder shall not
prevent such party from exercising such right at a later date and shall not constitute such
party’s waiver of such right.
6. Unenforceability. If any portion of this Agreement shall be determined to be invalid or
unenforceable, the remaining portions of this Agreement shall not be affected thereby,
and each and every provision of this Agreement shall remain enforceable to the fullest
extent permitted under applicable law.
7. Assignment. No party to this Agreement may assign its respective interests in this
Agreement to any other person or entity.
8. Applicable Law. This Agreement and all of its terms and provisions shall be governed by and
construed in accordance with the laws of the State of New York. In the event of any dispute
arising hereunder, the parties agree to submit to the jurisdiction of the Courts of New York
59 in Tompkins County and to venue for any such action being set in Tompkins County.
Appendix C
Specification of Work: Village of Cayuga Heights, NY
Project: Village Tree Inventory and Management Plan
Date: January 14, 2019
Client:
Contact: Hon. Linda Woodard,
Mayor Marcham Hall, 836 Hanshaw
Road Ithaca, NY 14850
O. 607-257-1238 ext 103
E. lwoodard@cayuga-heights.ny.us
Davey Resource Group, Inc. “DRG”
Business Developer: Andrew
Hillman M. 607-339-3968
E. andrew.hillman@davey.com
Project Manager: Lori
Brockelbank M. 716-450-0884
E. lori.brockelbank@davey.com
60
Fees and Schedule of Deliverables
Deliverable Comments Estimated
Delivery Date Price Approval
Tree Inventory
Attachments A & B
Inventory of up to 3,000 trees,
stumps, and planting sites within
public ROW.
April 2019
$12,500
Additional sites above the
3,000 estimate $4.00/site
TreeKeeper®
Attachment C
Tree inventory data will be
delivered in DRG’s TreeKeeper®
software.
One free
year
subscripti
o n with
inventory
Management Plan
Attachment D
One bound color copy and one
electronic PDF copy on CD-ROM
Within four (4)
weeks of
project
completion
$3,100
Total (Not-to-Exceed) $15,600
Attachment A
Tree Inventory Data Fields
1. Address/Location—Identifies the location of each tree, planting site, and stump by the
following attributes.
a. Address. House address.
b. On Street. The street on which the tree is physically located.
c. Side. The side of the house on which the tree stands in relation to the physical
address.
d. X and Y coordinates in the desired format.
2. Species—Trees are identified by genus and species using both botanical and common
names, and by cultivars where appropriate.
3. Tree Size—Diameter is measured to the nearest inch in 1-inch size classes at 4½ feet above
ground, or diameter at breast height (DBH), using a Biltmore Stick.
4. Multi-Stem Tree—If a tree has multiple stems on trunks splitting less than 1 foot above
ground level, it is noted.
5. Condition—Signs of stress, poor structure, mechanical damage, soil and root problems,
disease, and pests are all considerations in the assessment of tree condition.
a. Good. A good tree shows no major problems.
b. Fair. A fair tree has minor problems that may be corrected with time or corrective
action.
c. Poor. A poor tree has major problems that are irrecoverable.
d. Dead. A dead tree shows no sign of life.
61 6. Primary Maintenance—The following maintenance needs will be assigned:
a. Remove. Trees designated for removal have defects that cannot be practically or cost-
effectively treated. The majority of trees in this category have a large percentage of
dead crown.
b. Prune. Removal of one or more limbs to reduce risk, provide clearance, and restore
the tree.
c. Train. Pruning of young or medium-aged trees to improve tree and branch
architecture.
d. Stump Removal. This category indicates a stump that should be removed.
e. Plant. During the inventory, vacant planting sites are identified as Vacant Site Small,
Vacant Site Medium, and Vacant Site Large (indicating the ultimate size that the tree
will attain), depending on the growing space available and the presence of overhead
wires. Lacking local code definitions, planting sites are determined based on standard
specifications included in accepted technical journals and by the arboriculture
industry.
62 7. Defects—We will identify the conditions indicating the presence of structural defects and record
only the most significant condition. Conditions are limited to:
a. Dead and dying parts
b. Broken and/or hanging branches
c. Cracks
d. Weakly attached branches and codominant stems
e. Missing or decayed wood
f. Tree architecture
g. Root problems
h. Other
8. Risk Rating—We will evaluate risk and assign a risk rating based on an assessment of the failure
mode (i.e., brand, whole tree, codominant stem) with the greatest risk. The specified period for
the risk assessment is one year. The risk component of this inventory and evaluation is to
maintain compliance with the most recent standards and practices in the arboricultural industry.
It is important to note that our inspections are “rapid assessments” and are meant to indicate a
need for further study, and thus should not be considered legally binding in any litigation. See
DRG’s Limited Warranty included with this Specification of Work for limitations.
The following criteria and matrices, which are based on the International Society of Arboriculture
Best Management Practices: Tree Risk Assessment (Smiley, Matheny, and Lilly 2011), are used to
arrive at a risk rating.
a. Likelihood of Failure. Identifies the most probable failure and rates the likelihood that a
structural defect(s) will result in failure based on observed current conditions.
b. Likelihood of Impacting a Target. The rate of occupancy of targets within the target zone
and any factors that could affect the failed tree as it falls towards the target.
c. Consequences of Failure. The consequences of tree failure are based on the level of
target and potential harm that may occur. Consequences can vary depending on the size
of the defect, a distance of fall for the tree or limb, and any other factors that may protect
a target from harm. Target values are subjective but efforts will be made to assess them
from the client's perspective.
The likelihood of failure and the likelihood of target impact are combined in the matrix
below to determine the likelihood of tree failure impacting a target.
Likelihood of Failure Likelihood of Impacting Target
Very Low Low Medium High
Imminent Unlikely Somewhat likely Likely Very likely
Probable Unlikely Unlikely Somewhat likely Likely
Possible Unlikely Unlikely Unlikely Somewhat likely
Improbable Unlikely Unlikely Unlikely Unlikely
Risk rating is estimated based on combining the likelihood of tree failure impacting a
target and the consequences of failure in the following matrix. Risk ratings are Low,
Moderate, High, and Extreme. A Low-Risk tree poses a low overall level of risk. A
Moderate-Risk tree may pose some risk, particularly during storm events or abnormal
weather. A High-Risk tree presents a high likelihood of tree or tree part failure, even
during normal weather conditions. An Extreme-Risk tree poses a significant risk and
probability of failure at all times.
63 Likelihood of Failure Consequences
Negligible Minor Significant Severe
Very likely Low Moderate High Extreme
Likely Low Moderate High High
Somewhat likely Low Low Moderate Moderate
Unlikely Low Low Low Low
Even though trees may pose multiple risks at once, one risk rating is assigned to each tree
during the inventory process. Risk rating is meant to serve as a prioritization mechanism
for our clients, but the client is ultimately responsible for determining the level of
acceptable risk.
9. Risk Assessment Complete—If we are not able to complete a Level 2 assessment due to
obstructions, safety concerns, or other unforeseen site conditions, it will be noted here.
10. Residual Risk—DRG can estimate the residual risk for each tree assuming that the
maintenance we recommend was accomplished. Residual risk will be categorized as None,
Low, Moderate, High, or Extreme and is based solely on professional judgement and is not a
guarantee or warranty of risk reduction.
11. Further Inspection—Trees in this category require additional and/or future inspections due
to a variety of issues beyond the scope of a standard tree inventory. Categories for further
inspections include:
a. Recent damage inspection (e.g., a healthy tree that has been impacted by recent
construction or other damage).
b. Advanced risk assessment (e.g., a tree with a defect requiring additional or
specialized equipment for investigation).
c. Insect/disease monitoring (e.g., a tree that appears to have an emerging insect or
disease problem).
d. None.
12. Overhead Utilities—For each tree or site, overhead utilities will be recorded if lines are:
a. Present and not conflicting;
b. Present and conflicting; or
c. Not present.
13. Date of Inventory—The date data are collected is recorded.
64 Attachment B
Inventory Data Field Descriptions and Sizes
Data Field Name Input Notes
Address Input Fields
House Address Number Numeric
Assigned Address 100X Main Street
100 Main Street
House Street Street name: master file
On Street Street name: master file
Side Front
Side
Rear
Median
Tree/Site Input Fields
Species Species: master file
Tree Size (DBH) Numeric
Multi-Stem Yes
No
(Default to No)
Condition Good - Shows no major problems
Fair - Has minor problems that may be corrected with time
or corrective action
Poor - Has major problems that are
irrecoverable Dead. No sign of life
Primary Maintenance Need Remove
Prune
Train
Stump Removal
Plant Tree
Defects Dead and dying parts
Broken and/or hanging
branches Cracks
Weakly attached branches and codominant
stems Missing or decayed wood
Tree architecture
Root problems
Other
Likelihood of Failure N/A
Improbable
Possible
Probable
Imminent
Data Field Name Input Notes
65
Attachment C
TreeKeeper®
TreeKeeper® is a versatile cloud-based software service geared towards helping you utilize,
update, and share your tree inventory data. Developed and maintained by DRG, TreeKeeper®
is the product of over two decades of research, development, and industry vetting.
Subscription Length
Start Date: The last day of the month the inventory data is officially released to the client.
End Date: 365 days after the Start Date.
Current Renewal Fees
The following fees apply if you wish to renew our software services after the promotional free
one-year subscription expires. The renewal fee is locked in at your initial fee as long as your
subscription does not lapse.
One-year subscription $2,500
Three-year subscription $6,250
Five-year subscription $10,000
Attachment D
Tree Management Plan
Tree Management Plan Sections
● Executive Summary. Presents a brief overview of inventory findings, including the current
state of the urban forest and recommended tree maintenance needs.
● Inventory Analysis. Identifies the inventoried area and discusses the tree population
characteristics that direct management, including species diversity, diameter size class
distribution, general health, priority maintenance, and potential pest-related threats to trees.
Trends, observations, and concerns noted during the inventory or identified during analysis
of the data are also discussed in this section.
● Benefits of the Urban Forest. Using i-Tree Streets, the inventory data are assessed to show
the environmental, ecological, and economical benefits trees provide to the community.
● Tree Management Program. An important component of any tree management program
is knowing your maintenance needs. This section discusses the processes and activities that
comprise a proactive, multi-year tree management program. We use your inventory data to
66 project annual maintenance needs—including priority and proactive maintenance—such as
priority tree removal and pruning, routine tree pruning, and structural pruning cycles. To help
you with budget projections, we include a multi-year, editable Excel™ maintenance schedule
and cost spreadsheet. This maintenance schedule will help you approximate the cost to
perform the suggested tree maintenance based on average industry unit rates to perform
similar work. Community outreach and plan and inventory updates are also presented in this
section.
● References, Glossary, and Appendices. The management plan also provides a list of reference
materials, a glossary of terms used in the plan, and relevant appendices which may include
species recommended for future planting, and damaging regional invasive pests and diseases.
● Storm Response Guidelines Section
● Tree Risk Reduction Guidelines Section
EXHIBIT 2019-120
STANDARD FORM OF AGREEMENT BETWEEN
OWNER AND CONSULTANT FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of February , 2019 between Village of Cayuga Heights, NY (hereinafter
OWNER) and Bergmann Associates, Architects, Engineers, Landscape Architects, and Surveyors, D.P.C.
(hereinafter CONSULTANT). OWNER intends to engage the CONSULTANT in time sensitive professional
services pertaining to: Village of Cayuga Heights Commercial District Traffic/Intersection Study, in order to
achieve the goals and objectives of the OWNER in cost-effective and timely manner (hereinafter called the
Project).
OWNER and CONSULTANT, in consideration of their mutual covenants hereinafter set forth, agree as
follows:
ARTICLE 1 BASIC SERVICES OF CONSULTANT
1.1 CONSULTANT shall provide basic professional services for OWNER as specified in Exhibit "A", "Scope of
Services" of this Agreement.
1.2 The CONSULTANT’s services shall be performed in a manner consistent with that degree of skill and
care ordinarily exercised by practicing design professionals performing similar services, and under the
same or similar circumstances and conditions.
1.3 CONSULTANT shall not be responsible for the acts or omissions of any contractor, subcontractor, or
supplier, or of any of their agents or employees or of any other persons (except CONSULTANT’s own
employees and its subconsultants) at the Site or otherwise furnishing or performing any Work; or for
any decision made on interpretations or clarifications of the Contract Documents given by OWNER
67 without consultation and advice of CONSULTANT.
1.4 CONSULTANT is responsible for its own employees and all subconsultants it retains for this Project.
ARTICLE 2 ADDITIONAL SERVICES OF CONSULTANT
2.1 Services resulting from significant changes in the general scope, extent or character of the Project or
its design including, but not limited to, changes in size, complexity, OWNER's schedule, or revising
previously accepted studies, reports, design documents or Contract Documents when such revisions
are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to
the preparation of such studies, reports or documents, or are due to any other causes beyond
CONSULTANT’s control.
2.2 Per diem expenses for out-of-town services requested by the OWNER in addition to those expenses
estimated on Exhibit "B".
2.3 Services in connection with work directive changes and change orders to reflect changes requested
by OWNER.
ARTICLE 3 OWNER’S RESPONSIBILITES
OWNER shall do the following in a timely manner so as not to delay the services of CONSULTANT:
3.1 Designate in writing a person to act as OWNER's representative with respect to the services to be
rendered under this Agreement. Such person shall have complete authority to transmit instructions,
receive information, interpret and define OWNER's policies and decisions with respect to
CONSULTANT's services for the Project.
3.2 Provide all criteria and full information as to OWNER's requirements for the Project, including design
objectives and constraints, space, capacity and performance requirements, flexibility and expandability,
and any budgetary limitations; and furnish copies of all design and construction standards which
OWNER will require to be included in the Drawings and Specifications. CONSULTANT shall be entitled
to rely upon the accuracy and completeness of the information provided by the OWNER.
3.3 Assist CONSULTANT by placing at CONSULTANT's disposal all available information pertinent to the
Project including previous reports and any other data relative to design of the Project.
3.5 Arrange for access to and make all provisions for CONSULTANT to enter upon public and private
property as required for CONSULTANT to perform services under this Agreement.
3.6 Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents
presented by CONSULTANT, obtain advice of an attorney, insurance counselor and other consultants as
OWNER deems appropriate for such examination and render decisions pertaining thereto within a
reasonable time so as not to delay the services of CONSULTANT.
3.7 Provide such accounting, independent cost estimating and insurance counseling services as may be
required by OWNER for the Project, such legal services as OWNER may require such auditing service as
OWNER may require to ascertain how or for what purpose any Contractor has used the monies paid
68 under this agreement, and such inspection services as OWNER may require to ascertain that Consultant
is complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and
performing the work.
3.8 Give prompt notice to CONSULTANT whenever OWNER observes or otherwise becomes aware of any
development that affects the scope or timing of CONSULTANT's services in work.
3.9 Furnish, or direct CONSULTANT to provide, Additional Services as stipulated in Article 2 of this
Agreement or other services as required.
3.10 Bear all costs incident to compliance with the requirements of this Article 3.
ARTICLE 4 PERIODS OF SERVICE
4.1 CONSULTANT shall complete all the Basic Services within a period of four (4) months from the date of
this Agreement.
4.2 If significant changes in the scope or detail of the Project occur, or if the Project is delayed for reasons
beyond CONSULTANT's control, an equitable extension of the period of service shall be made.
4.3 If CONSULTANT's services for design are delayed or suspended in whole or in part by OWNER for more
than three months for reasons beyond CONSULTANT's control, CONSULTANT shall have the right to
terminate the Agreement in accordance with paragraph 7.1.
4.4 The CONSULTANT shall not be responsible for delays caused by factors beyond the CONSULTANT’s
reasonable control. When such delays beyond the CONSULTANT’s reasonable control occur, the
OWNER agrees that the CONSULTANT shall not be responsible for damages, nor shall the CONSULTANT
be deemed in default of this Agreement.
ARTICLE 5 PAYMENT PROVISIONS TO CONSULTANT
5.1 Methods of Payment for Basic Services, Reimbursable Expenses, and Additional Services are provided
in "Exhibit B, Payment Provisions".
5.2 CONSULTANT shall submit statements each four (4) weeks for Basic and Additional Services rendered
and for Reimbursable Expenses incurred. OWNER shall pay CONSULTANT within 45 days of receipt of
CONSULTANT's statement.
5.3 If OWNER fails to make full payment due CONSULTANT for services and expenses within 45 days of
CONSULTANT's statement therefore, the amounts due CONSULTANT will be increased at the rate of 1-
1/2 percent per month from said 45th day. If OWNER fails to make full payment due CONSULTANT for
services and expenses within 60 days of CONSULTANT's statement therefore, CONSULTANT may, after
giving seven days' written notice to OWNER, suspend services under this Agreement until CONSULTANT
has been paid in full all amounts due for services, expenses, and interest charges. If OWNER fails to
make full payment due CONSULTANT for services and expenses within 75 days of CONSULTANT's
statement therefore, CONSULTANT may terminate this Agreement in accordance with Paragraph 7.1.
5.4 In the event of termination by OWNER under paragraph 7.1 upon the completion of any phase of the
Basic Services, progress payments due CONSULTANT for services rendered through such phase shall
constitute total payment for such services. In the event of such termination by OWNER during any
69 phase of the Basic Services, CONSULTANT shall be paid for services rendered during that phase to date
of termination in accordance with the payment provisions of Exhibit "B". In the event of any such
termination, CONSULTANT also will be reimbursed for all unpaid Additional Services and unpaid
Reimbursable Expenses.
5.5 Records of CONSULTANT's Salary Costs pertinent to CONSULTANT's compensation under this
Agreement will be kept in accordance with generally accepted accounting practices. Copies will be
made available to OWNER prior to final payment for
CONSULTANT's services on agreements where payment is made on direct salary costs times a
multiplier.
Reimbursable Expenses mean the actual out-of-pocket direct expenses incurred by
CONSULTANT, in connection with the Project, as estimated in Exhibit "B".
ARTICLE 6 CONSTRUCTION COST AND OPINIONS OF COST
6.1 The construction cost of the entire Project (herein referred to as "Construction Cost") means the total
cost to OWNER of those portions of the entire Project designed and specified by CONSULTANT, but it
will not include CONSULTANT's compensation and expenses, the cost of land, rights-of-way, or
compensation for or damages to, properties unless this Agreement so specifies, nor will it include
OWNER's legal, accounting, insurance counseling or auditing services, or interest and financing charges
incurred in connection with the Project or the cost of other services to be provided by others to OWNER
pursuant to Article 3 of the Agreement.
6.2 CONSULTANT has no control over the cost of labor, materials, equipment or services furnished by
others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market
conditions. CONSULTANT's opinion of Construction Cost provided for herein is to be made on the basis
of CONSULTANT's experience and qualifications and represents CONSULTANT's best judgment.
CONSULTANT cannot and does not guarantee that proposals, bids or actual Total Project or
Construction Costs will not vary from opinions of probable cost prepared by CONSULTANT.
ARTICLE 7 GENERAL CONSIDERATION
7.1 Termination. The obligation to provide further services under this Agreement may be terminated by
either party upon thirty days' written notice in the event of substantial failure by the other party to
perform in accordance with the terms hereof through no fault of the terminating party.
7.2 Reuse of Documents. All documents including Drawings and Specifications prepared or furnished by
CONSULTANT pursuant to this Agreement are instruments of service in respect of the Project and
CONSULTANT shall retain an ownership and property interest therein whether or not the Project is
completed. OWNER may make and retain copies for information and reference in connection with the
use and occupancy of the Project by Owner and others; however, such documents are not intended or
represented to be suitable for reuse by OWNER or others on extensions of the Project or on any other
project. Any reuse without written verification or adaptation by CONSULTANT for the specific purpose
intended will be at OWNER's sole risk and without liability or legal exposure to CONSULTANT, and
OWNER shall indemnify and hold harmless CONSULTANT from all claims, damages, losses and expenses
including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will
entitle CONSULTANT to further compensation at rates to be agreed upon by OWNER and CONSULTANT.
7.3 Insurance / Liability
70 7.3.1 CONSULTANT shall procure and maintain the following insurance coverage for the duration
of this Agreement:
Worker's Compensation Statutory Coverage
Comprehensive General Liability;
Bodily Injury and Property Damage $1 mil per occurrence per aggregate year
Comprehensive Automobile Liability;
Bodily Injury and Property Damage $1 mil per occurrence per aggregate year
Professional Liability Insurance $1 mil per claims made per aggregate year
7.3.2 Limitation of Liability in the aggregate.
7.3.2(a) In the event of termination of this Agreement by either party prior to completion
of services specified in Exhibit "A", CONSULTANT shall have no liability to
OWNER if the OWNER shall thereafter, without the CONSULTANT's consent,
use any documents or drawings which were prepared by CONSULTANT under
this agreement.
7.3.3 Severability and Reformation. Any provision or part thereof of this Agreement held to be void
or unenforceable under any law shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon the parties. The parties agree that this Agreement shall
be reformed to replace such stricken provision or part thereof with a valid and enforceable
provision which comes as close as possible to expressing the intention of the stricken
provision.
7.4 Legal
7.4.1 Controlling Law. This Agreement is to be governed by the law of State of New York.
7.4.2 Federal Regulation. To the extent applicable, all parties agree that they will abide by the
provisions in 29 CFR Part 471 Appendix A to Subpart A. Additionally, this CONSULTANT shall
abide by the requirements of 41 CFR §§ 60-1.4(a), 60- 300.5(a) and 60-741.5(a). These
regulations prohibit discrimination against qualified individuals based on their status as
protected veterans or individuals with disabilities, and prohibit discrimination against all
individuals based on their race, color, religion, sex, or national origin. Moreover, these
regulations require that covered prime contractors and subcontractors take affirmative
action to employ and advance in employment individuals without regard to race, color,
religion, sex, national origin, protected veteran status or disability.
7.5 Successors and Assigns
7.5.1 OWNER and CONSULTANT each is hereby bound and the partners, successors, of OWNER and
CONSULTANT (and to the extent permitted by paragraph 7.5.2 the assigns of OWNER and
CONSULTANT) are hereby bound to the other party to this Agreement and to the partners,
successors, (and said assigns) of such other party, In respect of all covenants, agreements and
obligations of this Agreement.
71 7.5.2 Neither OWNER nor CONSULTANT shall assign, sublet or transfer any rights under or interest in
(including, but without limitation, monies that may become due or monies that are due) this
Agreement without the written consent of the other, except to the extent that any assignment,
subletting or transfer is mandated by law or the effect of this limitation may be restricted by
law. Unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under this
Agreement. Nothing contained in this paragraph shall prevent CONSULTANT from employing
such independent professional associates and consultants as CONSULTANT may deem
appropriate to assist in the performance of services hereunder.
7.5.3 Nothing under this Agreement shall be construed to give any rights or benefits in this
Agreement to anyone other than OWNER and CONSULTANT, and all duties and responsibilities
undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER
and CONSULTANT and not for the benefit of any other party.
7.6 Betterment. If due to the CONSULTANT’s error or omission, any required item or component of the
project is omitted from the Construction Documents produced by CONSULTANT, CONSULTANT’s
liability shall be limited to the difference between the cost of adding the item at the time of discovery of
the error or omission and the cost had the item or component been included in the construction
documents and any damages resulting directly from such error or omission. In no event will
CONSULTANT be responsible for any costs or expense that provides betterment, upgrade or
enhancement of the project.
7.7 Defects in Service. The OWNER shall promptly report to CONSULTANT any defects or suspected defects
in CONSULTANT’s work or services of which the OWNER becomes aware, so that CONSULTANT may
take measures to minimize the consequences of such a defect. The CONSULTANT shall impose a similar
notification requirement in all contracts and shall require all sub-contractors at any level to contain a
like requirement. Failure by the OWNER to promptly notify CONSULTANT shall relieve CONSULTANT of
the costs of remedying the defects above the sum such remedy would have cost had prompt notification
been given.
7.8 Dispute Resolution. In the event of a dispute between the parties arising out of the terms of this
Agreement or any services provided pursuant to its terms, the parties agree to participate in a mediated
settlement conference before a mutually acceptable mediator whose fees will be shared equally by the
parties. In the event that the parties are unable to agree upon a mediator they will ask the American
Arbitration Association to appoint one. Participation in a mediated settlement conference shall be
required before either party may pursue its claim in any other form of dispute resolution.
7.9 Miscellaneous. The CONSULTANT and the OWNER hereby waive damages for loss of profits, loss of
revenues and loss of business or business opportunities, for claims, disputes or other matters in
question arising out of or relating to this Agreement.
ARTICLE 8 SPECIAL PROVISIONS, EXHIBITS AND SCHEDULES
8.1 The following Exhibits are attached to and made a part of this Agreement:
8.1.1 Exhibit A "Scope of Services", consisting of 3 pages.
8.1.2 Exhibit B "Payment Provisions", consisting of 1 page.
8.2 This Agreement (consisting of page 1 to 8, inclusive) together with the Exhibits and schedules identified
72 above constitute the entire Agreement between OWNER and CONSULTANT and supersede all prior
written or oral understandings. This Agreement and said Exhibits and schedules may only be amended,
or canceled by a duly executed written instrument.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and
year first above written.
OWNER: CONSULTANT:
Signature: Signature:
Name: Linda Woodard Name: Kelly M. Thompson, PE
Title: Mayor Title: Practice Leader – Municipal & ITS
Services
Date: Date:
Address for giving notices:
Address for giving notices:
836 Hanshaw Road 40 La Riviere Dr., Suite 150
Ithaca, NY 14850 Buffalo, NY 14202
Exhibit A
Village of Cayuga Heights, NY Traffic/Intersection Study
Revised 12/06/18
SCOPE OF SERVICES
The Village of Cayuga Heights plans on improving traffic flow as well as bicycle and pedestrian access and
safety, within the Village’s Commercial District. Two specific intersections encompassing three major
FHWA collector streets should be evaluated:
• N. Triphammer Road, Hanshaw Road and E. Upland Road;
• Hanshaw Road and Pleasant Grove Road.
It is noted congestion during peak hours occurs through and as a result of these intersections. The Village
will explore options to improve this situation and to develop better facilities for all modes of transportation
including automobile, pedestrian, bicycle and transit.
73
The Consultant will conduct an analysis including but not limited to Capacity (LOS), crosswalk locations,
and other safety measures as well as a cost to implement the chosen alternative.
1. Confirm the following roadway elements as they exist in the SYNCHRO v10 Model:
• Intersection/lane geometry
• Direction of Travel (One-Way/Two-Way)
• Roadway widths
• Parking Lane widths
• Speed limits
• Traffic control devices
• Observation of peak hour traffic operations (1 Evening & 1 Morning)
The area encompassed by and between the two intersections comprises the study limits. Turning
movement counts on the roadways will be obtained and confirmed to develop a SYNCHRO v10 model.
2. Intersection Turning Movement Counts:
Count Periods:
• Weekday AM: 7:00 AM – 9:00 AM
• Weekday PM: 4:00 PM – 6:00 PM
Two (2) hour counts will be taken at the following locations for the count periods noted:
• N. Triphammer Road, Hanshaw Road and E. Upland Road;
Hanshaw Road and Pleasant Grove Road.
Turning movement counts will be used to review existing volumes and to aid in the projection of future
conditions. Existing intersection turning movement counts will be summarized and presented for a total
of two (2) peak periods including one (1) hour during the weekday morning and evening commute.
3. Traffic Projection, Distribution & Assignment - Based on the existing traffic volumes, the Consultant will
evaluate distribution of traffic for existing lane geometry and consideration of changes that may be
achievable for future conditions, based on discussions with the Village of Cayuga Heights that may require
re-examination.
4. Capacity Analysis - A total of two (2) peak periods (i.e. one weekday AM and one weekday PM peak) will
be analyzed for Existing and future conditions (2 unsignalized intersections). Level of service and queuing
analyses to be completed using Synchro v10 and simulated visually by Simtraffic to view the queue impacts.
The analysis will identify roadway lane capacity, current Level of Service and queuing issues to understand
opportunity for improvement.
5. Safety Assessment including the following Studies:
a. Accident Analyses – All modes of travel (Vehicular, Pedestrian & Bicyclist)
The Municipality will provide accident records for the last three years for roads within the
74
project limits plus one-tenth of a mile immediately outside of the project limits. The Consultant
will prepare collision diagrams and associated summary sheets, and note any clusters of
accidents or patterns implying inadequate geometrics, or other safety problems, within the
project limits.
b. Sight Distance Evaluation - Evaluate and document available sight distance for all intersecting
roadways/driveways. Preliminary sight-distance evaluation would also be performed for each
intersection during data collection. Summary memo will be developed to determine which
intersections would be retained, decommissioned and any recommendations on further analysis.
c. Complete Streets Checklist and Safety Evaluation Study - Evaluate and document observed and
reported safety concerns. Identify intersection features and deficiencies that have/could result in
vehicular/pedestrian/bicyclist conflicts. Suggest conceptual modifications to traffic control
devices/ geometric roadway conditions to support improved safety and mobility.
Alternative Analyses - Development of up to four (4) alternatives including the Null for modifications to
the existing street geometry, traffic operations control and alignment including cost to compare and contrast
how each alternative will meet or address the deficiencies determined based on the existing and future
operations of the corridor. Some alternatives may require additional analyses, such as a Traffic Signal
Warrant Analyses, to determine if traffic signal warrants are expected to be met in accordance with Section
4C.01, of the Federal MUTCD in defining the suitability of an alternative for further design considerations.
For confirmation of a roundabout determination, the SYNCHRO v10 data would be input into a SIDRA
model to confirm basic operational considerations. Any such additional analyses would be performed
and documented within the Alternative Analyses section in order to inform the Cost/Benefit analyses.
6. Decision Matrix - A matrix including the benefits or disbenefits, limitations and programmatic costs
associated with each alternative ranking how each addresses the needs of the project. This matrix will show
in a graphical as well as report format how each alternative meets the goals and assists in defining detailed
studies required in the Preliminary Engineering phase to follow this Scoping engagement.
7. Draft Project Scoping Report (PSR) - Prepare draft Project Scoping Report (PSR) covering the studies
conducted, data collected, results of the analyses, and recommended mitigation measures. The PSR will be
formatted as specified in the “Locally Administered Federal Aid Procedures Manual.” This report will be
submitted for review and consideration by the Village. The PSR will be used by the Village to petition federal
aid funding from the Transportation Improvement Program (TIP).
8. Final Project Scoping Report (PSR) - Revise and publish the Project Scoping Report, addressing comments
received.
9. Meetings - Attend up to three (3) in-person meetings with the Village of Cayuga Heights.
ASSUMPTIONS
1. A total of two (2) conditions (existing and design year) will be analyzed for up to four (4) alternatives
including Null (No Action), Signalization, Geometric Re-alignment and/or roundabout(s) development
scenarios.
75
2. No field survey or mapping will be developed. All schematics will be shown on existing aerial mapping. This
effort may be added by an additional service should the effort be identified as necessary by the reviewing
agencies.
DELIVERABLES
Project Scoping Report (PSR) with associated appendices.
FEE PROPOSAL
Scope of Services items 1-10 described above $18,746
Direct Expenses $ 2,163
Total $20,909*
*Note: Salary rates and Direct Non-Salary Cost per 2017-18 Salary Rate Schedule on January 31, 2018.
Increased salary rates per 2018-19 projected for April 1, 2019. Two-year projection approximate increase
of 5% (2.5% / year).
10.
76
EXHIBIT 2019-121
WHEREAS, Michael J. Wiese was hired as the Assistant Superintendent of Public Works for the Village of
Cayuga Heights in November of 2016; and
WHEREAS, as a condition of his employment Michael was required to score in the top three of the Assistant
Superintendent of Public Works civil service exam; and
WHEREAS, Michael J. Wiese successfully achieved the top placement of that civil service exam; and
NOW, THEREFORE, BE IT RESOLVED that the Village Board of Trustees does hereby appoint Michael J.
Wiese as the permanent Assistant Superintendent of Public Works for the Village of Cayuga Heights.
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EXHIBIT 2019-122
Village of Cayuga Heights
Police Department
__________________________________________________
_____
Jerry L. Wright
Chief of Police
2/15/2019
To: The Honorable Mayor Woodard
Members of the Board of Trustees
Village of Cayuga Heights
Re: Report of the Police Department for January 2019
In the month of December, the police department received 348 calls for service. In addition to these calls
74 uniform traffic tickets were issued and 8 parking violations were cited for No Parking Zone. A
breakdown of the calls for service is as follows:
There were 2 Felony incidents handled, 1 for Burglary and 1 for Drugs. Upon officer’s arrival the report
of Burglary was unfounded. Residents stated that their bathroom had been locked from the inside at a time
when no one was home and they were concerned that an unknown subject was in the bathroom. After
entry was made into the bathroom, there was no one inside and it was determined that the door must have
accidentally been locked and shut from the outside. No burglary had occurred. A Drug incident ensued
while the on-duty officer conducted a traffic stop. The driver of the vehicle was found to be in possession
of a quantity of a controlled substance. The subject was charged with Felony Criminal Possession of a
Controlled Substance. See below for an additional charge in this case.
3 Penal Law Misdemeanor incidents were handled, 1 for Fraud, 1 for Criminal Mischief, and 1 for
Larceny. The Fraud incident involved a subject stating she was deceived by a third-party lender during
the time she was paying back student loan. A report was taken for civil purposes only. The Criminal
Mischief complaint consisted of the on-duty officer observing graffiti at several different locations in the
village. There are no suspects. The Larceny complaint was received as a jacket being taken from an
establishment in the Village. The next day the jacket was returned; the item was taken by mistake.
6 Misdemeanor Vehicle and Traffic Arrests were made during traffic stops. After investigation of 5 traffic
stops the following charges were filed: 4-Aggravated Unlicensed Operation of a Motor Vehicle 3rd and 2-
Suspended Registration.
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3 Penal Law Violation Incidents was handled, 1 for Harassment and 2 for Drugs. A Harassment complaint
was made by a resident stating that property had been placed in her yard by a subject that had an Order of
Protection against them. The subject was contacted and advised not to enter the property again or face
charges. After investigation of the felony traffic stop mentioned above, officers found the driver to be in
possession of drug equipment containing marijuana. The subject was arrested for Unlawful Possession
of Marijuana. The second drug complaint was made by a concerned passerby who stated that they
observed a drug deal in the parking lot of a local business. This investigation is on-going.
There were 2 calls for service for Local Law Violations, 1 for Noise and 2 for In the Park after Hours.
The Noise complaint consisted of a resident stating that loud equipment was being used in the area. The
on-duty officer made contact with the equipment operator who was advised of the hours established in the
Village’s Noise Ordinance. The subject complied without incident. 2 subjects were found to be parked
in Sunset Park beyond the hours permitted. The subjects were issued citations for their failure to adhere
to the posted signage.
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 9 persons were arrested and the following 11 charges were filed: 1-Criminal Possession of a
Controlled Substance 3rd, 3-AUO 3rd, 2-Suspended Registration, 1-Unlawful Possession of Marijuana, 2-
In the Park After Hours, 1-Officer Execute a Warrant.
Over the course of the month the following trainings and events took place: From the 9th through the 16th
Officer James Manning took part in a multi-agency RBT Force on Force Training.
The full-time officers worked a total of 17.5 hours of overtime and the part-time officers worked a total
of 132 hours.
Sincerely,
Chief Jerry Wright
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EXHIBIT 2019-123
VILLAGE OF CAYUGA HEIGHTS TREASURER’S REPORT
February 25, 2019
Administration:
Attended Administrative Committee Meeting. Answer miscellaneous questions as needed.
Audit:
The Draft copy of Insero’s audit of the Village’s FYE2018 Finances received on February 19, 2019 for
review. The completed document will be presented to the Board of Trustees and to the NYS OSC.
Budget:
Department Heads received their Budget Worksheets on February 1st. Completed Worksheets are due
by March 1st. The Tentative Budget for each fund is prepared and will be updated as data is submitted.
Finance Committee:
Local Law Codification:
Attorney Marcus has reviewed.
Debt and Financing: WWTP
Submitted all documents as requested by NYS EFC.
Current Revenues and Expenses:
Abstract #9, dated February 25, 2019 for expenditures incurred during Fiscal Year Ending May 31, 2019
as presented.
January Bank to Book Reconciliations and General Journal entry reviews were completed by Trustee &
Deputy Treasurer Biloski. Audited Report is attached to this report.
Approval of February Abstract:
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves Abstract #9 for
FYE2019 consisting of TA vouchers 76 - 83 in the amount of $17,362.44 and Consolidated Fund
vouchers 606 - 678 in the amount of $312,939.12 and the Treasurer is instructed to make payments
thereon.
Respectfully submitted,
Joan M. Mangione
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EXHIBIT 2019-124
RESOLUTION #
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, THEREFORE, BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorize
and approve 213 North Sunset Drive, Tax Parcel 1-3-11.1 as a new designated address.
.
RESOLUTION #
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, THEREFORE, BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorize
and approve 211 North Sunset Drive, Tax Parcel 1-3-11.2 as a new designated address.
RESOLUTION #
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, THEREFORE, BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorize
and approve 103 Berkshire Road, Tax Parcel 2-8-2.3. as a new designated address