Loading...
HomeMy WebLinkAbout7.22.2019 Agenda Village of Cayuga Heights Board of Trustees Monthly Board Meeting Marcham Hall Monday, July 22, 2019, 7:00 p.m. AGENDA EXHIBIT/PAGE 1. Call to Order: 2. Approval of Meeting Minutes: a. April 15, 2019 2020 – 033 pgs. 2-20 b. June 20, 2019 2020 – 034 pgs. 21-31 3. Report of the Fire Superintendent Tamborelle: Submitted Report 2020 – 035 pg. 32-33 4. Privilege of the Floor: 5. Report of Mayor Woodard: a. LED Update b. Bergmann Update c. Tree Inventory Grant Update d. TCHC Gold Plan Update e. Police and Fire aid from Cornell f. WQIP Application- GHD g. 2019-20 JCAP 2020 – 036 pg. 34 h. Upland Heights Revisions Drawings 2020 – 037 pgs. 35 -38 i. Smart Climate Communities Grant 2020 – 038 pgs. 38 6. Report of the Trustees: a. TAP State-Local Contract 2020 – 039 pg 39 - 40 7. Report of Police Chief Wright: Submitted Report 2020 – 040 pg. 41-42 8. Report of Assistant Superintendent of Public Works Wiese: 9. Report of Superintendent of Public Works Cross: Submitted Report 2020 – 041pgs. 43-45 a. 102 Sunset Drive Address Change 2020 – 041 pg. 45 b. 206 Northcross Road to 146 Jessup Road Address Change 2020 – 042 pg. 46 2 10. Report of Treasurer Mangione: Submitted Report a. May 2019 Financials & Abstract # 2 2020 – 043 pg. 47 11. Report of Clerk Walker: Submitted Report 2020 – 044 pg.48 a. Bond Resolution 2020 – 045 pgs. 48-51 12. Report of Attorney Marcus: 13. Adjournment: EXHIBIT 2020-033 Minutes VILLAGE OF CAYUGA HEIGHTS Monday, April 15, 2019 Marcham Hall BOARD OF TRUSTEES 7:00 p.m. MONTHLY MEETING Present: Mayor Woodard; Trustees: Marshall, McMurry, Robinson (arrives at 7:45 p.m.), and Salton; Police Chief Wright; Superintendent of Public Works Cross; Assistant Superintendent of Public Works Wiese; Treasurer Mangione; Clerk Walker; Attorney Marcus Absent: Trustees: Biloski, and Friend Call to Order: Mayor Woodard calls the meeting to order at 7:05 p.m. Mayor Woodard opens the meeting with a short discussion on increasing the garbage tag fee. •The Village has never raised the trash tag price; the current tag price is $1.00 for 15 pounds of garbage. •Tipping fees are not the only cost going into the tag; gas, equipment and staff also need to be incorporated into tag fees. After a cost analysis, the Village is spending over $106,000 and tags sales only generate $43,000 annually. •Trustee Salton stated that we have chosen to be a municipality that provides garbage service and the Village tax rate covers this service, making the argument that staffing contributes to the cost invalid. •Mayor Woodard stated that this is a fee-for-service. The Board will continue this discussion after the Public Hearings. 2. Approval of Meeting Minutes: March 18, 2019 (Exhibit 2020-001) RESOLUTION # 8453 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the March 18, 2019 meeting minutes as presented. Motion: Trustee Marshall Second: Trustee Salton 3 Ayes: Mayor Woodard; Trustees: Marshall, McMurry, and Salton Nays: none Abstentions: none Motion Carried Approval of Meeting Minutes: April 1, 2019 (Exhibit 2020-002) RESOLUTION # 8454 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the April 1, 2019 meeting minutes as presented. Motion: Trustee McMurry Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Marshall, McMurry, and Salton Nays: none Abstentions: none Motion Carried 3. Report of Fire Superintendent Tamborelle: Submitted Report a. Movie Night: On Wednesdays during the summer months the Village of Cayuga Heights Fire Department hosts “ Movie at the Station” night. The Fire Department is requesting the Special Events Permit fee to be waived. RESOLUTION # 8455 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees approves and authorizes the Cayuga Heights Fire Department request to hold “Movies at the Station” on Wednesdays this summer and waives the Special Events Permit fee. Motion: Trustee McMurry Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Marshall, McMurry, and Salton Nays: none Abstentions: none Motion Carried b. Fire Council Election: The Cayuga Heights Fire Department election was held on April 6, 2019. The following list has been elected to the fire council and seeks the Board approval. RESOLUTION # 8456 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees approves the following Cayuga Height Fire Department Slate of Officers as voted on April 6, 2019 by the Cayuga Heights Fire Company and approved by the Cayuga Heights Fire Department Fire Council. Asst. Chief Joe Price Asst. Chief John Putnam 4 Asst. Chief Mike Garrett Lt. Brendan Bloodnick Lt. Devin Savoy Lt. Sophie Janowsky Lt. Ray Bally Motion: Trustee Salton Second: Trustee McMurry Ayes: Mayor Woodard; Trustees: Marshall, McMurry, and Salton Nays: none Abstentions: none Motion Carried 4. Privilege of the Floor: Enter any content that you want to repeat, including other content controls. You can also insert this control around table rows in order to repeat parts of a table. 5 5. Report of Mayor Woodard: a. Public Hearing on Proposed Local Law B- 2019- Tax Cap: This local law allows flexibility with budgeting the new fiscal year. The Board recognizes that there was a large number of increased assessments throughout the Village. The Board is allowed to pass a local law to adopt a budget for the fiscal year commencing in 2019 that requires a real property tax levy in excess of the tax levy limit as defined by General Municipal Law §3-c. Mayor Woodard opens the Public Hearing at 7:18 p.m. No members of the public wished to speak. Mayor Woodard closes the Public Hearing at 7:18 p.m. A super majority is required to pass the proposed tax cap law. The Board will vote when Trustee Robinson arrives. •The Board moves on to the Public Hearing of Local Law -C of 2019 Road Use. b. Public Hearing on Proposed Local Law C- 2019- Road Use: With the onset of the North Campus Residential Expansion project (NCRE), the Village wants to regulate, preserve, and protect the conditions of Village roads. Mayor Woodard opens the Public Hearing at 7:26 p.m. •Mr. Ron Bors asked how the Village will enforce this law. •Superintendent of Public Works B. Cross stated that depending on the nature of the activity, this law seeks to regulate any projects with a permit or have the property owner enter into an agreement of compensation for the accelerated deterioration of the Village roads. •Mayor Woodard informs the Board that the North Campus Residential Expansion (NCRE) vehicle construction traffic route will use North Triphammer Road to Hanshaw Road and turning onto Pleasant Grove Road. Alternatively, the traffic could exit RT. 13 at Warren Road, turning onto Hanshaw Road and then Pleasant Grove Road. •Mrs. Bors voiced her concern for the pedestrians crossing at North Triphammer and Kendal. •A majority of the road damage is caused at intersections. •B. Cross will incorporate into the road use agreement with NCRE a simulation for the potential of having smaller trucks use Warren Road and the large trucks still use North Triphammer, Hanshaw Road and Pleasant Grove Road. •The Planning Board will also address this at the April 22, 2019 meeting. Mayor Woodard closes the Public Hearing at 7:36 p.m. RESOLUTION # 8457 BE IT RESOLVED THAT: The Board of Trustees adopts Proposed Local Law -C of 2019 as Local Law #3 of 2019 VILLAGE OF CAYUGA HEIGHTS 6 DRAFT PROPOSED LOCAL LAW C OF THE YEAR 2019 A LOCAL LAW TO PRESERVE VILLAGE ROADS Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows: SECTION I PURPOSE AND INTENT The intent of this Local Law is to establish rules, regulations and conditions to preserve and protect the condition of the public roads of the Village of Cayuga Heights (the “Village”). The Village’s Board of Trustees (the “Board”) has determined that future development projects in the Village and in the vicinity of the Village may result in extraordinary, high-intensity traffic to and from development sites, causing significant and measurable damage to the Village’s roads that jeopardizes the health and safety of residents and others who use those roads. Damage to Village roads that results from high-intensity traffic must be evaluated and repaired promptly and to appropriate engineering standards. The Village Board further has determined that it is in the best interest of taxpayers of the Village and the general public to assign responsibility for the repair of damage to Village roads attributable to such high- intensity use, and, where necessary, for the improvement of Village roads to a standard appropriate for high-intensity use prior to the commencement of the activity, to those responsible for the damage rather than to all Village taxpayers. The purpose of this Local Law is to maintain the safety and general welfare of Village residents by regulating high-intensity uses of Village roads that have the potential to adversely affect such roads. Well-maintained roads are important to the safety and economic well-being of the Village and its residents. The Board also acknowledges the value and economic benefit of further development in the Village and in the vicinity of the Village, and this Local Law is not intended to regulate such business activity, the intent of this Local Law is to protect the Village’s roads from damage resulting from traffic generated in connection with such development. SECTION II AUTHORITY This Local Law is enacted pursuant to the grant of powers to local governments provided in Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provision of the New York State Constitution and not inconsistent with any general law relating to its property, affairs, government or other subjects provided for in said Section 10 of the Municipal Home Rule Law. SECTION III DEFINITIONS 7 1. High-frequency, high-impact truck traffic: Traffic to and from a project site that generates more than five hundred (500) truck trips. For purposes of this Local Law, a truck trip is a trip to or from a project site involving a truck with a gross weight of fifteen (15) or more tons (truck and load combined). A single truck makes two truck trips if it meets the weight limit traveling to the project site and meets the weight limit traveling from the project site. 2. Bond: A commercial bond to ensure that the condition of the Village Roads is not adversely impacted by high-frequency, high-impact truck traffic. The Village Board may accept an equivalent financial guarantee in lieu of bond. 3. Bond Release: A bond release given by the Village Board based on satisfactory road conditions at completion of the high-frequency, high-impact truck traffic. 4. Permittee: The person responsible for the project generating the high-frequency, high-impact truck traffic and who is responsible under this Local Law to obtain a permit, regardless of whether or not the person in fact obtains a permit. In any instance in which another approval or permit is required in connection with the project that is generating the truck traffic, such as a site plan approval or building permit, any person who is required to obtain any such other approval or permit shall be deemed the permittee for purposes of this Local Law. In the event no other approval or permit is required, the owner of any property on which the project is taking place shall be deemed the permittee for purposes of this Local Law. 5. Person: Any individual, public or private corporation, limited liability company, political subdivision, government agency, municipality, industry, partnership, association, firm, trust, estate, or any other legal entity whatsoever. 6. Temporary project: Any non-permanent activity that generates high-frequency, high-impact truck traffic on Village Roads whether or not the project itself is located in the Village. Projects include, but are not limited to, construction projects. With regard to projects that require another approval or permit, such as site plan approval or a building permit, all activities covered by that other approval or permit are considered part of the temporary project for purposes of this Local Law. Agricultural operations as defined by New York State Agricultural District Law and the movement of agricultural products are excluded. Also excluded are school buses, law enforcement vehicles, fire-fighting vehicles, military vehicles, and municipal vehicles engaging in road work on behalf of one or more municipalities. 7. Village Roads: All public roads, to the extent such roads are located within the Village of Cayuga Heights, that are maintained by the Village. SECTION IV GENERAL PROVISIONS 1. The Village Board has determined that high-frequency, high-impact truck traffic associated with temporary projects may cause damage to Village Roads. 8 2. Upon a determination by the Village’s Superintendent of Public Works or Village Engineer that a temporary project shall generate high-frequency, high-impact truck traffic on any Village Roads, the Village’s Department of Public Works shall erect signs on the appropriate sections of Village Roads providing notice that vehicles generating such traffic are excluded, and the Village shall publish notice of such exclusion in the official newspaper of Tompkins County. 3. A permittee may apply to the Village’s Superintendent of Public Works for a permit providing for an appropriate exemption for the vehicles to be used on Village Roads in connection with the temporary project. Such permit shall be granted, upon appropriate terms and conditions, if the vehicles are performing essential local pick-up or delivery in connection with the temporary project. For purposes of this Local Law, essential local pickup or delivery shall include, but shall not be limited to, pickup from and delivery to a construction site, whether or not such site is located in the Village, of materials or equipment and traffic associated with New York State-permitted mining or gas-drilling operations, including the transport of products therefrom. 4. Any such permit shall designate the route(s) to be traversed and contain other reasonable restrictions or conditions deemed necessary by the Village’s Superintendent of Public Works. The conditions may include, but not be limited to, requiring the permittee to make road improvements to ensure that the roads have the strength and capacity to handle the anticipated traffic, and requiring the permittee to clean mud and dirt off of Village Roads that vehicles have tracked from the project site onto the roads. Such permit shall be for the duration of the temporary project. 5. In order to obtain a permit, the permittee must submit a permit application to the Village’s Superintendent of Public Works, which shall include all information required by the Village’s Superintendent of Public Works including, but not limited to, vehicle identification number and owners/operators, vehicle weights, load weights, materials carried, route(s) to be followed on Village Roads, duration of activity (beginning date and end date), frequency of trips and times of operation. The applicant shall pay a permit fee to be established by the Village Board, but in no event shall the fee be less than $250. 6. The Village’s Superintendent of Public Works may require, as a condition of the issuing the permit, that the permittee submit documentation (including, but not limited to, photographs and videos) of the condition of the roads, shoulders and all improvements and structures (culverts, bridges, sidewalks, etc.) that will be traversed by the permitted traffic. 7. In addition to the restrictions on routes and other reasonable restrictions, the Village’s Superintendent of Public Works will determine if the scope of work is such that a bond is required, and the amount of any such bond. The determination of the need and amount of any bond shall be based on a determination of potential damage to Village Roads based on the traffic routes, weight of the vehicles, number of trips, seasonal conditions and the type-category (classification) of the roads on the approved routes. 8. A permittee aggrieved by a determination of the Village’s Superintendent of Public Works regarding the need for or conditions of a permit may, within ten (10) days of the determination, appeal to the Village Board. No action inconsistent with the determination of the Village’s Superintendent of Public 9 Works shall take place pending the determination of the Village Board. 9. The permittee shall be responsible for assuring that the high-frequency, high-impact truck traffic does not prevent any impacted Village Roads from remaining in safe and useable condition for all legal uses of the road throughout the duration of the temporary project. 10. Upon completion of the high-frequency, high-impact truck traffic generated by the project, the permittee will apply to the Village’s Superintendent of Public Works for a bond release. Following inspection of the traveled roads, the Village’s Superintendent of Public Works may approve the release of the bond. If the release is not approved, the Village’s Superintendent of Public Works will document the work that the permittee must complete in order for the bond to be released, which may include, but not be limited to, the payment of money for repair of damaged Village Roads of for the cleaning of mud and dirt off of Village Roads. The permittee must complete such work before the bond may be released. 11. If the permittee does not comply with this Local Law or the terms and conditions of the permit, the Village’s Superintendent of Public Works may revoke the permit. In the event that high-frequency, high-impact truck traffic uses any Village Roads without a valid permit issued in accordance with this Local Law, the Village’s Superintendent of Public Works, any law enforcement officer or the Village’s code enforcement officer has the authority to deny such vehicles access to Village Roads and to shut down the project to the extent that the project is located in the Village. This relief is in addition to any and all damages and penalties. 12. The permittee will be responsible for the repair of any damages that occur to any Village Roads, and for the cleaning of mud and dirt off of Village Roads, that result from high-frequency, high-impact truck traffic when a project proceeds with or without a proper permit, as well as for all fines and penalties specified in this Local Law. 13. In lieu of obtaining a permit, any person who may be responsible to obtain a permit may enter into a road use agreement with the Village, although the Village has no obligation to enter into a road use agreement. If the Village enters into a road use agreement with the permittee, the use of Village Roads shall be governed by the agreement, rather than by permit conditions. SECTION V ENFORCEMENT The Village’s Superintendent of Public Works shall enforce the provisions of this Local Law and any rules, regulations and conditions made pursuant hereto. Such enforcement shall include, but not be limited to, legal or equitable proceedings, including without limitation an action for specific performance brought in the name of the Village. SECTION VI PENALTIES FOR OFFENSES 10 1. Any person who violates this Local Law shall be guilty of a violation and subject to a fine of not more than $500 and/or imprisonment for not more than fifteen (15) days. Each and every act committed that is prohibited by this Local Law shall constitute a separate violation. On each occasion that a vehicle travels on any Village Roads without a permit as required by this Local Law shall constitute a separate violation. 2. Upon failure of any permittee to comply with the requirements of this Local Law, the permit shall be subject to suspension, revocation and the imposition of conditions. SECTION VII SUPERSEDING EFFECT All Local Laws, Articles, resolutions, rules, regulations and other enactments of the Village of Cayuga Heights in conflict with the provisions of this Local Law are hereby superseded to the extent necessary to give this Local Law full force and effect. SECTION VIII 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 IX 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 Marshall Ayes: Mayor Woodard; Trustees: Marshall, McMurry, and Salton Nays: none Abstentions: none Motion Carried c. Public Hearing on Proposed 2019-2020 fiscal year budget: Mayor Woodard opens the Public Hearing at 7:38 p.m. 11 Mr. Bors reads his letter. Mr. Donner reads his letter. 12 •Trustee Robinson arrives at 7:45 p.m. •Mrs. Bors suggests any important information for taxpayers should be publicized more than just a legal notice in the local newspaper. She suggests the fall newsletter would be a great way to inform village residents of Trustee stipends. •Mr. Donner noted that the Village of Lansing places a legal notice for Trustee salaries. Attorney Marcus is not aware of any Village Law requiring a legal notice. The Village of Lansing might have adopted a local law to pay their Trustees. •Mayor Woodard appreciates the concern and will make sure that we do that this fall. •Mr. Bors recalls that a sitting trustee cannot indicate his/ her own salary. •Village Attorney Marcus stated that you cannot enact a increase or adopt a rate of pay where there is none within the current year, but you can in the next year budget. •Village Resident Ilene Lambiase states that if fees-for-services doesn’t seem to impact property tax, then what happens when the fees-for-services generate extra money. So where is the compensation to the tax payer? •Mayor Woodard responded that the Village tax rate has remained flat for the last two years. •Trustee Mangione stated that the water and sewer are completely separate funds. No tax dollars go to support those funds. The garbage tags should be funded the same way. Mayor Woodard closes the Public Hearing at 7:59 p.m. RESOLUTION # 8458 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorize the tax rate of $6.49/1000 for Fiscal Year Ending May 31, 2020 and approves the Proposed Budget as discussed. Motion: Trustee Marshall Second: Trustee Robinson 13 Ayes: Mayor Woodard; Trustees: Marshall, McMurry, and Salton Nays: none Abstentions: none Motion Carried •The Board returns to vote on the tax cap. Trustee Salton feels there is no need to pass this law. RESOLUTION # 8459 BE IT RESOLVED THAT: The Board of Trustees adopts Proposed Local Law -B of 2019 as Local Law #2 of 2019 VILLAGE OF CAYUGA HEIGHTS DRAFT PROPOSED LOCAL LAW B OF THE YEAR 2019 A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows: Section 1 Legislative Intent: It is the intent of this local law to allow the Village of Cayuga Heights to adopt a budget for the fiscal year commencing in 2019 that requires a real property tax levy in excess of the tax levy limit as defined by General Municipal Law §3-c. Section 2 Authority: This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c which expressly authorizes a local governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body. Section 3 Tax Levy Limit Override: The Board of Trustees of the Village of Cayuga Heights, County of Tompkins, is hereby authorized to adopt a budget for the fiscal year commencing in 2019 that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c. Section 4 Severability: If a court determines that any clause sentence paragraph subdivision or part of this local law or the application thereof to any person firm or corporation or circumstance is invalid or unconstitutional the court order or judgment shall not affect impair or invalidate the remainder of this local law but shall be confined in its operation to the clause sentence paragraph subdivision or part of this Local Law or in its application to the person individual firm or corporation or circumstance directly involved in the controversy in which such judgment or order shall be rendered. Section 5 Effective Date: This Local Law shall take effect immediately upon filing with the Secretary of State. Motion: Trustee McMurry 14 Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Marshall, McMurry, and Robinson Nays: Salton Abstentions: none The local Tax Cap Law requires a super quorum, the motion failed. d. Garbage Tags: Continued discussion from 7:05 p.m. •B. Cross feels it is unclear as to how the cost is determined and how the Board can determine a correct amount to charge for a tag. •Trustee Robinson suggests increasing the tag capacity (weight) along with the fee increase. •Mayor Woodard stated that a fee-for-service is a good thing to have because the more you use the service the more you would pay for that service. RESOLUTION # 8460 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees authorizes and approves increasing the Village of Cayuga Heights 15 lb. garbage tag from $1.00 to $1.50 starting on June 1, 2019. Motion: Trustee Marshall Second: Trustee McMurry Ayes: Mayor Woodard; Trustees: Marshall, McMurry, and Robinson Nays: Salton Abstentions: none B. Cross stated that the Tompkins County Flow Control Law was established in order to cover County revenue loss from the old County dump closure and help to finance the new transfer station. Trustee Robinson concluded that a fee increase will also help with sustainability and make users more aware of the amount of trash they produce. Motion Carried •Village Treasurer Mangione checked the calculations for the tax cap and the Village exceeded the tax base growth factor. •Trustee Salton inquired to whether a “no” vote would “hurt” the Village financially? It was determined that without the passage of Proposed Local Law B of 2019- Overriding the Tax Cap the Village could possibly lose NYSDOT CHIPS funding. The Board will need to pass Proposed Local Law B of 2019. Therefore, the Board will re-vote on Proposed Local Law - B of 2019. RESOLUTION # 8461 BE IT RESOLVED THAT: The Board of Trustees adopts Proposed Local Law - B of 2019 as Local Law #2 of 2019 VILLAGE OF CAYUGA HEIGHTS 15 DRAFT PROPOSED LOCAL LAW B OF THE YEAR 2019 A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows: Section 1 Legislative Intent: It is the intent of this local law to allow the Village of Cayuga Heights to adopt a budget for the fiscal year commencing in 2019 that requires a real property tax levy in excess of the tax levy limit as defined by General Municipal Law §3-c. Section 2 Authority: This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c which expressly authorizes a local governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body. Section 3 Tax Levy Limit Override: The Board of Trustees of the Village of Cayuga Heights, County of Tompkins, is hereby authorized to adopt a budget for the fiscal year commencing in 2019 that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c. Section 4 Severability: If a court determines that any clause sentence paragraph subdivision or part of this local law or the application thereof to any person firm or corporation or circumstance is invalid or unconstitutional the court order or judgment shall not affect impair or invalidate the remainder of this local law but shall be confined in its operation to the clause sentence paragraph subdivision or part of this Local Law or in its application to the person individual firm or corporation or circumstance directly involved in the controversy in which such judgment or order shall be rendered. Section 5 Effective Date: This Local Law shall take effect immediately upon filing with the Secretary of State. Motion: Trustee McMurry Second: Trustee Salton Ayes: Mayor Woodard; Trustees: Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none Motion Carried The Board will need to re-vote on the Proposed 2019-2020 Village Budget. RESOLUTION # 8462 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorize the tax rate of $6.49/1000 for Fiscal Year Ending May 31, 2020 and approves the Proposed Budget as discussed. 16 Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none Motion Carried e. Burgmann Update: The Village traffic counts were completed last week by David Tuttle from Pittsford Traffic and Radar. f. North Campus Residential Expansion: Due to a stormwater runoff situation, the Planning Board was able to determine that a temporary construction worker parking lot on a 12% slope was going to create extra stress on the stormwater drainage on Triphammer Road. The project planners have since removed that proposed lot. On April 26, 2019 Mayor Woodard will be meeting with Cornell’s Gary Stewart to discuss any concerns about the NCRE. Attorney Marcus added, that the Jessup parking lot drainage still needs to be addressed. •B. Cross updated the Board on the Town of Lansing’s proposed contract that re-defines the Warren Road redistricting is almost ready for the Board to vote on at the Trustee’s meeting in May. The Town of Lansing is installing new flow meters for sewage entering the Village of Lansing which then will continue on to our WWTP plant. h. Village Brochure: This will be a insert for the fall newsletter as well as copies to local realtors. The Administrative Committee will review all suggestions and present a completed version to the Board at the May meeting. •As part of the brochure, Assistant Superintendent of Public Works Wiese asked the Board for clarification on the proper timing of putting out bulky trash and brush. •The Board does not feel a local law is needed but a policy should be established. RESOLUTION # 8463 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves that bulky trash can be placed curbside no earlier than noon that Saturday preceding the pickup. Motion: Trustee Salton Second: Trustee McMurry Ayes: Mayor Woodard; Trustees: Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none Motion Carried •Brush should follow the same policy and the DPW will monitor the leaves and brush piles over the next month and report back at the May Board meeting. 17 •It is also intended that contracted landscaping companies are to remove debris from the property and not leave it for Village monthly pickup. i. GHD Resolution: The construction phase of the WWTP is ready to go to bid. RESOLUTION # 8464 WHEREAS, the NYSDEC recommended the replacement of the existing “headworks” grit removal at the WWTP, and WHEREAS, the Village Board of Trustees hired GHD Engineers to design and prepared the needed documents to achieve the replacement, and WHEREAS, the estimated cost of the new headworks project will be $3,100,000, and WHEREAS, the NYSDEC/EFC has agreed to provide a grant of 25% of the construction cost, and WHEREAS, GHD Engineers have completed the design/plans which are now ready to seek bids from contractors, and the Village entered into an agreement with GHD Engineers to provide bid/construction administrations services, and NOW, THEREFORE BE IT RESOLVED THAT, the Village of Cayuga Heights Board of Trustees hereby authorizes to GHD Engineers to “let out” the plans/specifications to potential contractors for consideration of submitting sealed bids to the Village, and BE IT FURTHER RESOLVED, the bid documents will be made available (both electronically and hard copy) to the bidders through Data Flow Printing for a fee of $300/set, and BE IT FURTHER RESOLVED, GHD Engineers will administer/manage the bid process to be opened on May 29, 2019 and provide the Village with an evaluation of the bids for consideration of contractor award at the June Trustee meeting. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none Motion Carried 6. Report of the Trustees: a. General Code: The manuscript is complete and going back to General Code. The Board will set a Public Hearing for the July Board of Trustees meeting to take comments on the proposed codification law. 7. Report of Police Chief Wright: Submitted Report •Field training continues for the 2 new part-time officers •The Village of Interlaken would like to purchase car # 124 when the new police vehicle (2019 Charger) arrives in June. •The Sergeants exam list has been posted and interviews will begin in May. 18 8. Report of ASPW Wiese: • Dig Safe is now requiring every DPW employee to be trained and certified. Training will be taking place next week. • DPW has been short one SMEO (Senior Motor Equipment Operator) since DJ Snyder resigned in March. ASPW Wiese would like to promote Matt Townsand from MEO (Motor Equipment Operator) to SMEO to fill an vacancy and also to promote Tim Diller from CEO (Laborer W/CDL) to MEO. RESOLUTION # 8465 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves that the promotion of Matt Townsand from MEO to SMEO at the wage rate of $26.83, the rate after year one for SMEO. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none Motion Carried RESOLUTION # 8466 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves ASPW Wiese to promote Tim Diller from CEO to MEO at the wage rate of $22.07, the rate after year one for MEO. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none 9. Report of Engineer Cross: a. Summer Intern: Every 5 years a road surface management survey is conducted by the Cornell local roads program. The Village could employ a Cornell student who has been trained in road surface Management and needs to fulfill his/her internship. This intern will concentrate on capital improvement projects related to road resurfacing. 10. Report of Treasurer Mangione: Submitted Report RESOLUTION # 8467 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves Abstract #11 for FYE2019 consisting of TA vouchers 93 – 101 in the amount of $23,255.65 and Consolidated Fund vouchers 744 - 810 in the amount of $215,489.23 and the Treasurer is instructed to make payments thereon Motion: Trustee Salton Second: Trustee Marshall 19 Ayes: Mayor Woodard; Trustees: Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none Motion carried 11. Report of Clerk Walker: Submitted Report (Exhibit 2019-133) •The Administrative Committee will review the policies and present to the board as a group. 12. Executive Session: The Board enters Executive Session at 10:03 p.m. RESOLUTION # 8468 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees enters into an executive session (F) for the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person. Motion: Trustee Salton Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none Motion Carried RESOLUTION # 8469 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees exit executive session (F) for the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person and return to an open meeting at 10:29 p.m. Motion: Trustee Salton Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none Motion Carried RESOLUTION # 8470 20 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes the new annual salary for Assistant Superintendent of Public Works Michael Weise to be $90,000, effective as of the next fiscal year, June 1, 2019. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: none Motion Carried 13. Adjournment: Mayor Woodard adjourns the meeting at 10:30p.m. EXHIBIT 2020-034 Minutes VILLAGE OF CAYUGA HEIGHTS Monday, June 17, 2019 Marcham Hall BOARD OF TRUSTEES 7:00 p.m. MONTHLY MEETING Present: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton; Police Chief Wright; Village Engineer Cross; Assistant Superintendent of Public Works Wiese; Treasurer Mangione; Clerk Walker; Attorney Blaise Call to Order: Mayor Woodard calls the meeting to order at 7:03 p.m. 2. Approval of Meeting Minutes: April 15, 2019 (Exhibit 2020-2024) a. Approval of the April 15, 2019 meeting minutes was tabled until the July 22, 2019 Meeting. b. Approval of Meeting Minutes: May 20, 2019 (Exhibit 2020-2025) Resolution # 8481 21 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the May 20, 2019 meeting minutes as presented. Motion: Trustee Biloski Second: Trustee McMurry Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, and Robinson Nays: none Abstentions: Trustee; Salton Motion Carried •Mayor Woodard introduces Cayuga Heights Police Officer, James Manning, who is present to be promoted tonight as the new Cayuga Heights Police Sergeant. Resolution # 8482 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorize Mayor Woodard to promote Officer James Manning to Cayuga Heights Police Sergeant. Motion: Trustee Biloski Second: Trustee McMurry Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: Motion Carried •Newly promoted Sergeant Manning thanks members of his family and co-workers. Sergeant Manning then requests his father pin his new police badge on his uniform. •Trustee Salton acknowledges the turnout of Sergeant Manning’s friends and family for this well-deserved promotion. The Village is privileged to have this police force behind it. 3. Report of Fire Superintendent Tamborelle: Submitted Report (Exhibit 2020-026) •The fire station has an internal gutter system that is failing. Trying to locate the exact origins of the leaks is difficult. Last month some flashing work was done as a short-term fix. •Superintendent Tamborelle also reported that over the weekend a tree fell on power lines on Highland Road knocking out power to over 700 residents. 4. Privilege of the Floor: •Developer and property owner of the Upland Heights proposed project, Mark Mecenas, informs the Board that revisions to the original plans have been emailed to the Board members. A new idea for the wetlands is also proposed. 5. Report of Mayor Woodard: a. Design Phase LED Streetlights: NYPA representative, Casey Mastro, could not make the meeting tonight but would like to meet at a different time. 22 •Trustee Robinson invites NYPA’s C. Mastro to attend the Public Works Committee meeting on July 12, 2019 at 9:00 a.m. Mayor Woodard will reach out him and confirm he can attend. b. Climate Smart Community/ Culvert Project on Cayuga Heights Road. Terry Carroll from NYSERDA informed Mayor Woodard about a grant opportunity that might assist the Village with rightsizing of culverts on Cayuga Heights Road. T.G. Miller and grant writer, Michelle Palmer, from Templeton Landscape Architecture and Planning were contacted to help submit the grant with such a short deadline. The first step is for the Village to become a Climate Smart Community. Resolution # 8483 WHEREAS, the Village of Cayuga Heights believes that climate change poses a real and increasing threat to our local and global environments and is primarily due to the burning of fossil fuels; and WHEREAS, the effects of climate change will endanger our infrastructure, economy and livelihoods; harm our farms, orchards, and ecological communities, including native fish and wildlife populations; spread invasive species and exotic diseases; reduce drinking water supplies and recreational opportunities; and pose health threats to our citizens; and WHEREAS, we believe that our response to climate change provides us with an unprecedented opportunity to save money, and to build livable, energy-independent and secure communities, vibrant innovation economies, healthy and safe schools, and resilient infrastructures; and WHEREAS, we believe the scale of greenhouse gas (GHG) emissions reductions required for climate stabilization will require sustained and substantial efforts; and WHEREAS, we believe that even if emissions were dramatically reduced today, communities would still be required to adapt to the effects of climate change for decades to come, IT IS HEREBY RESOLVED that the Village of Cayuga Heights, in order to reduce greenhouse gas emissions and adapt to a changing climate, adopts the New York State Climate Smart Communities pledge, which comprises the following ten elements: 1) Build a climate-smart community. 2) Inventory emissions, set goals, a plan for climate action. 3) Decrease energy use. 4) Shift to clean, renewable energy. 5) Use climate-smart materials management. 6) Implement climate-smart land use. 7) Enhance community resilience to climate change. 8) Support a green innovation economy. 9) Inform and inspire the public. 10) Engage in an evolving process of climate action. Motion: Trustee Robinson Second: Trustee McMurry 23 Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: Motion Carried Resolution # 8484 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes Mayor Woodard to sign a contract with Michele Palmer from Templeton Landscape Architecture and Planning to complete the grant writing for the NYSDEC Grant Pedestrian Access and Culvert Right-sizing grant. This contract is not to exceed $7,490 and will come from the Street’s Capital Improvement project fund. Motion: Trustee Marshall Second: Trustee Friend Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: Motion Carried Resolution # 8485 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes Mayor Woodard to sign a contract with T.G. Miller for additional work for the submission of the NYSDEC Grant Pedestrian Access and Culvert Right-sizing grant in the amount of $6,500 from funds in the Street Capital Improvement project fund. Motion: Trustee Robinson Second: Trustee Biloski Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: Motion Carried d. WWTP Bids: All bids were opened on May 29, 2019 24 •All bids came in over GHD’s estimates. The Village only received one bid for the general contracting (Blue Heron of Auburn, N.Y.) •The one critical issue the Board needs to think about is waiting and rebidding the whole project. If the Village waits this would push back Phase 1 and Phase 2 until next year. Blue Heron recognizes it is key to get the building enclosed before winter so work could continue. It is the recommendation of Mayor Woodard, Village Engineer B. Cross and GHD Consultant Nick Hatala to accept these bids and move forward. •Trustee Salton states it will be critical in Phase 2 to get real estimates and evaluate how GHD structures their estimates. •Trustee Marshall states the only means the Village has to stay on schedule would be to accept the Blue Heron Bid and move forward. Resolution # 8486 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes Mayor Woodard sign the awarded contract with Blue Heron Construction Company LLC for Contract No. 1- General Construction for a total bid price of $2,443,611.00 Motion: Trustee Salton Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: Motion Carried Resolution # 8487 25 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes Mayor Woodard to sign the awarded contract with MATCO Electric Corporation for Contract No. 2- Electrical for a total bid price of $222,600.00. This amount includes two additive alternative bids: Electrical demolition of the former lime sludge thickener and building; and a vacant building as a result of the construction of a new headworks building. Motion: Trustee Biloski Second: Trustee McMurry Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: Motion Carried Resolution # 8488 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes Mayor Woodard to sign the awarded contract with the John W. Danforth Company for Contract No. 3- HVAC for a total bid price of $179,383.00. This contract did not include any additive alternate bids. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: Motion Carried •GHD will issue a letter to the awarded contractors for Mayor Woodard to sign. e. Health Care Update: Mayor Woodard informs the Board that the Tompkins County Health Consortium (TCHC) municipal cooperative agreement requires all municipalities to have all employees enrolled in TCHC. The Village still is using the Teamsters Union health care for the all DPW employees. The next step for the Village is to look at a “gold” plan the TCHC offers which the Village could us to fund a Health Reimbursement Account (HRA) for the employees to off-set the higher deductibles. •Mayor Woodard will have more to report next month. f. Road Use Agreement: Cornell has done some pre-measurements on the Village roads that will be used for the NRCE project. C & S Engineering of Syracuse used a falling weight reflectometer to measure the current conditions of the roads. After the project is complete another measurement will be conducted to determine the extend of road damage for which Cornell will reimburse the Village. •The reimbursement amount under the agreement was capped at $1,115,000.00. •The results from C & S Engineering will be available later this month. The Village can have the Bergmann Engineering Company complete a study if the Board does not agree with the results. Resolution # 8489 26 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes Mayor Woodard to sign the Road Use Agreement with Cornell University as presented by Attorney Blaise. Motion: Trustee Salton Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: Motion Carried g. Sergeant Position: The Board announced the promotion of Officer James Manning at the beginning of this meeting. 6. Report of the Trustees: a. TAP Update: Trustee McMurry states that the kick-off meeting took place last week with Gene Selanto and Julianne Delsole from the NYS Department of Transportation. •B. Cross states that this is a locally administered state project and may not get the same amount of attention as a bigger project. •Trustee McMurry states that there are a lot of questions that the Village needs answers to and feels that the project manager selection is key. •The Village needs to form a new review committee to manage the selection of a design consultant for the Walking Safe TAP grant. •The TAP Contract will be sent to the Village attorney for review and a resolution needs to be passed at a future Board of Trustees meeting. Resolution # 8490 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approve the formation of the Walking Safe Cayuga Heights Consultant Selection Committee. Motion: Trustee McMurry Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: Motion Carried Mayor Woodard appoints Trustee Rich Robinson to the Walking Safe Cayuga Heights Consultant Selection Committee for one year (2020) Resolution # 8491 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Trustee Richard Robinson to the Walking Safe Cayuga Heights Consultant Selection Committee for one official year (2020) 27 Motion: Trustee McMurry Second: Trustee Salton Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, and Salton Nays: none Abstentions: Trustee Robinson Motion Carried Mayor Woodard appoints Trustee Meloney McMurry to the Walking Safe Cayuga Heights Consultant Selection Committee for one year (2020) Resolution # 8492 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Trustee Meloney McMurry to the Walking Safe Cayuga Heights Consultant Selection Committee for one official year (2020) Motion: Trustee Salton Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, Robinson, and Salton Nays: none Abstentions: Trustee McMurry Motion Carried Mayor Woodard appoints herself to the Walking Safe Cayuga Heights Consultant Selection Committee for one year (2020) Resolution # 8493 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Mayor Linda Woodard to the Walking Safe Cayuga Heights Consultant Selection Committee for one official year (2020) Motion: Trustee Friend Second: Trustee Marshall Ayes: Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: Mayor Woodard Motion Carried Mayor Woodard appoints Village Engineer Brent Cross to the Walking Safe Cayuga Heights Consultant Selection Committee for one year (2020) Resolution # 8494 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Village Engineer Brent Cross to the Walking Safe Cayuga Heights Consultant Selection Committee for one official year (2020) Motion: Trustee Marshall Second: Trustee Salton Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton Nays: none 28 Abstentions: Motion Carried Mayor Woodard appoints Planning Board Member Jenny Leijonhufvud to the Walking Safe Cayuga Heights Consultant Selection Committee for one year (2020) Resolution # 8495 BE IT RESOLVED THAT: The Board of Trustees approves the appointment of Planning Board Member Jenny Leijonhufvud to the Walking Safe Cayuga Heights Consultant Selection Committee for one official year (2020) Motion: Trustee Friend Second: Trustee Biloski Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: Motion Carried b. General Code Update: The Codification Committee received the Code binders and have found changes they previously submitted that were not caught. Each member is re-reviewing the chapters and will notify General Code of the findings. The committee will present single page fact sheet highlighting the changes to present to the Board in order to schedule a Public Hearing for the August Board of Trustees meeting. C. Body Cameras: Trustee Salton would like to re-visit discussions for providing police body cameras for our police department. •Trustee Salton remarks that if the Village is going to be providing intermunicipal support to other departments then Village Police Officers should be supported and protected. •Police Chief Wright states that they are a useful tool, and he will look into the implementation costs now and going forward. •Mayor Woodard would like some input from other law enforcement agencies. •Cornell University has gone to vehicle dash cameras with a body camera that turns on once the officer travels beyond the radius of the dash camera. Chief Wright supports installation of vehicle dash cameras. 7. Report of Police Chief Wright: Submitted Report (Exhibit 2020-028) •Chief Wright expressed his thanks to the Board for adjusting the agenda to accommodate the promotion of Cayuga Heights Police Officer, James Manning, to Cayuga Heights Police Sergeant. •Chief Wright also thanked Mayor Woodard and Trustee Salton for assisting in the Sergeant interview process with Officers: James Landon, Brandon Manheim and James Manning. •The Village of Interlaken has approved $8500 for the purchase of the 2014 Dodge Charger that will be replaced in the next couple of months. Resolution # 8496 29 BE IT RESOLVED THAT: The Board of Trustees authorizes and approves the decommissioning of the 2014 Police Patrol Vehicle (#124) Dodge Charger VIN # 2C3CDXKT3EH351543 and authorizes the purchase of this vehicle by the Village of Interlaken for the “as is” price of $8500. Motion: Trustee Salton Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: Motion Carried •Trustee McMurry made a request to notify residents and parents when a police educational event is taking place at the Cayuga Heights Elementary School. Chief Wright agreed and has had discussions about this with the school district before. 8. Report of ASPW Wiese: •The DPW staff is concentrating on potholes and drainage issues. •Seasonal employee, Josh Randall, started last week. •Trustee Salton requested that the Village Forrester take a look at the metal wrapping around some of the Chestnut trees on The Parkway. •ASPW Wiese informed the Board that the Cayuga Heights Fire Department has a 2009 Dodge Durango that is going to auction this month. The Board agreed to pass a resolution and declare it surplus. Resolution # 8497 BE IT RESOLVED THAT: The Board of Trustees authorizes and approves the decommissioning of the 2009 Cayuga Heights Fire Vehicle, a Dodge Durango, VIN # 1D8HB38P29F712702 as surplus. Motion: Trustee Friend Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: Motion Carried 9. Report of Engineer Cross: a. 206 Northcross Road Address: The North Campus Residential Expansion (NCRE) requires a street address for the construction trailer yard. The fenced yard will be located just north of the bus stop at the corner of Northcross and Jessup roads. They would like to designate the use of 206 Northcross Road for this street address. Resolution # 8498 30 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 approves 206 Northcross Road as the designated address for the NCRE construction trailer yard. Motion: Trustee Salton Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: Motion Carried •Trustee Robinson pointed out that there is a 102 Sunset Drive. Which was not included in the street-wide address change last month. B. Cross will reach out to the residents and address this at the July Board meeting. •B. Cross states that he contacted EVOQUA to provide a new boiler quote for the WWTP. That quote just came in late today in the amount of $148,787.00. A purchase order and 25% deposit is needed to start building the boiler. The funds are built into Phase 2 and use in Phase 1 of the WWTP project. Resolution # 8499 BE IT RESOLVED THAT: The Board of Trustees authorizes and approves the creation of a purchase order and pre-pay the 25% ($37196.75) down payment to EVOQUA Water Technologies of Waukesha, Wisconsin for the development of a WWTP boiler. Motion: Trustee Biloski Second: Trustee Friend Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: Motion Carried B. Cross summarizes the following updates to the Board: •In 2018, the Village applied for a WQIP grant for the WWTP and was not successful. In a phone conversation today with N.Y.S.D.E.C and GHD, B. Cross. Revealed the Village score was very high on the past application and was encouraged to re-apply. •BorgWarner has begun to look at a no-discharge process (in-house) waste water treatment system. They would be the first plant within their industry to be a zero-discharge facility. •Snug Planet has completed an initial survey of Village Hall and is coming back to evaluate the basement and crawlspaces. •Bergmann and Associates has finished their report and B. Cross will distribute to the Board this week. 31 10. Report of Treasurer Mangione: Submitted Report (Exhibit 2020-031) Abstract # 13 Resolution # 8500 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees approves Abstract #13 for FYE2019 consisting of TA vouchers 111-119 in the amount of $3676.82 and Consolidated Fund vouchers 890- 972 in the amount of $208,189.33 and the Treasurer is instructed to make payments thereon. Motion: Trustee Marshall Second: Trustee McMurry Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton Nays: none Abstentions: Motion Carried Abstract # 1 Resolution # 8501 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees approves Abstract #1 for FYE2020 consisting of TA voucher 1 in the amount of $14,843.85 and Consolidated Fund vouchers 1-25 in the amount of $311,381.47 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 11. Report of Clerk Walker: •Deputy Clerk Rich has returned to work after a scheduled leave of 4.5 weeks. •The Village Tax Bills were mailed out on June 1, 2019 and to date the Village has collected $520,000. •Clerk Walker and the staff will be reviewing internal Village policies for the July Board of Trustees meeting. 12. Adjournment: Mayor Woodard adjourns the meeting at 9:50 p.m 32 EXHIBIT 2020-035 July 19, 2019 Honorable Linda Woodard Board of Trustees Village of Cayuga Heights Monthly Report May 2019 There are months where we do not realize how busy we have been and June was one of those months. We ran 49 calls through June. We had 26 calls in the Village of Cayuga Heights, 17 calls in the Town of Ithaca and 6 requests for mutual aid. There were 25 EMS calls and 24 fire runs. All the mutual aid runs were to assist the Lansing Fire Department. We several calls in June for trees falling onto power lines in the area of Highland and Hillside Roads. These calls became very involved due to the size of the trees. The trees came down and damaged multiple poles which NYSEG have repaired and replaced. We have been running many calls for trees down and often finding that they are the older white pines and willow trees that are numerous throughout the village. The other common summer calls that we are running are detector activations in fraternities and sororities caused by summer maintenance of these buildings. The contractors cause dust and the dust activates the alarms. Training in June focused on skills to get our exterior members advancing toward interior status. We have many of our members taking classes in Cortland County this summer through their boot camp program. These members spend 8 hours a day at the training facility for this accelerated program. The class size is 16 and we have 9 of our members enrolled. They are all doing very well. We also did an extrication training in June on a donated car in the back-parking lot. Extrication training is difficult to do because it requires acquiring a vehicle to cut up. We have historically slowed our trainings through the summers but with the number of members who have stayed in town we have had a robust group ready to work hard so we have no slowed. We continue to work through the problem with the station roof and gutter problems. Contact was made with the original architect for the fire station build and he agreed to come down from Rochester and spend time evaluating the situation. It was determined that the specifications for the system were not met and that could be some of the cause of the problem. Brent, Bob Mitchell (the architect) and I sat with the plans and then went up in a lift to do a detailed evaluation and it was determined that the best plan would be twofold. The first fix would be to put a sloped roof on the second flat area over the overnight rooms. This would be in line with the project that we did over the training room but will require pulling some shingles and framing a new roof. We contacted the contractor who did the work on the lower roof and had him come evaluate the project as he was familiar with the scope of the project and he will be providing an estimate for the work to be done. The second part of the project would be to have the rubber in the gutters repaired as a temporary fix. The long-range plan would be to replace the roof which has 30 year shingles on it and do a full repair of the gutter system at the same time. The major obstacle to the repair is that there are very few contractors who are willing to take on the repair 33 job. We did find a local contractor who came and looked at the gutters and feels that he can do the temporary repair with the understanding that it is a short-term fix. I should have estimates from both contractors before the July board meeting. The station is full with summer bunkers and everyone seems pleased with the call volume and training program. Our first movie night was an amazing success. The station was packed and Luna Food Truck was so busy that they had to call for a second cook and more food. Everyone had a great time and the early start time was a resounding hit. We are looking forward to the rest of the summer line up. We hope everyone has a safe summer. Sincerely, George Tamborelle Fire Chief/Fire Superintendent 34 EXHIBIT 2020-036 35 EXHIBIT 2020-037 36 37 38 39 EXHIBIT 2020-038 Smart Climate Communities Grant Resolution to be inserted EXHIBIT 2020-039 Resolution authorizing the implementation, and funding in the first instance 100% of the federal- aid eligible costs, of a transportation federal-aid project, and appropriating funds therefore. WHEREAS, a project for the Walking Safe: Cayuga Heights, P.I.N. 395069 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds; and WHEREAS, as provided for by agreement with the NYS Department of Transportation, PE and/or ROW Incidental or ROW acquisition work performed by the municipality for the federal aid -eligible construction project covered by the agreement, the costs of such work that are approved in writing by NYSDOT as applicable to the federal aid and Marchiselli aid construction work (excluding costs applicable to non-federally eligible or non-Marchiselli eligible project elements) shall be credited following FHWA's construction phase closeout audit of the Project to Project costs that are eligible for federal and Marchiselli aid; and WHEREAS, the Village of Cayuga Heights desires to advance the Project by making a commitment of 100% of the Non-Federal share of the costs of Engineering, ROW, and Construction. NOW, THEREFORE, the Village Board of Trustees, duly convened does hereby, RESOLVE that the Village Board of Trustees hereby approves the above-subject project; and it is hereby further RESOLVED, that the Village Board of Trustees hereby authorizes the Village of Cayuga Heights to pay in the first instance 100% of the federal and non-federal share of the cost of Engineering, ROW, and Construction work for the Project or portions thereof; and it is further RESOLVED, that the sum is $668,755 is hereby appropriated from fund H5140.410 and made available to cover the cost of participation in the Design Phase of the Project; and it is further RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Village of Cayuga Heights shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the Village Treasurer therefore, and it is further RESOLVED, that the Mayor of the Village of Cayuga Heights be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement request for Federal Aid and / or Marchiselli Aid on behalf of the Village of Cayuga Heights with the New York State Department of Transportation in 40 connection with the advancement of approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and it is further RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and be it further RESOLVED, that this Resolution shall take effect immediately. __________moved the adoption of the resolution. Seconded by _________. Upon roll call, adopted. Village Clerk of the Board of Trustees of the Village of Cayuga Heights I, Jeffrey D. Walker, hereby certify that I have compared the foregoing copy of a resolution with the original duly adopted by the above-mentioned Board at a session held on the 22nd day of July 2019, and that the same is a true copy of said original and of the whole thereof. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of the said Board, this 22nd day of July 2019. ____________________________________ Jeffrey D. Walker Village Clerk 41 EXHIBIT 2020-040 Village of Cayuga Heights Police Department __________________________________________________ _____ 7/3/19 To: The Honorable Mayor Woodard Members of the Board of Trustees Village of Cayuga Heights Re: Report of the Police Department for June 2019 In the month of June, the police department received 337 calls for service. In addition to these calls 109 uniform traffic tickets were issued and 0 parking violation was cited. A breakdown of the calls for service is as follows: There were no Felony incidents. 3 Misdemeanor Penal Law incidents occurred, 2 of which resulted in 4 arrest charges. After investigation of a domestic incident officers arrested a subject on charges of Assault 3rd, Reckless Endangerment 2nd, and Criminal Obstruction of Breathing or Blood Circulation. The second incident, a traffic stop, resulted in a subject being found with a controlled substance and charges of Criminal Possession of a Controlled Substance 7th being filed. The final complaint was from a resident stating they received a fraudulent letter notifying that the resident had unclaimed property available to them and the claim dates were about to expire. The letter is believed to be a scam, however the resident wanted to bring the information to the police for future reference. 11 Vehicle and Traffic Stops resulted in the following 14 Misdemeanor charges being filed: 1-Aggravated Unlicensed Operation of a Motor Vehicle 2nd, 7-AUO 3rd, and 6-Suspended Registration. 3 Penal Law Violations were handled, 2 for Drugs and 1 for Harassment. During traffic stops officers found occupants of the vehicle to be in possession of marijuana. 2 separate charges of Unlawful Possession of Marijuana were filed. The Harassment complaint was made by a subject stating they received harassing text messages from a subject while they utilized services at a business in the Village. There is a suspect and the investigation is on- going. 9 Local Law Violations were reported, 3 for Soliciting and 6 for Noise. Of the 3 Soliciting complaints, 2 were for persons going door to door conducting religious teachings. Upon officer’s arrival to the specified locations, the subjects were no longer in the area. The last complaint for soliciting was of a pest control company canvassing the village, advertising their product. Contact was made with the salesperson and they were advised to respond to CHPD to register as a vendor, in which they did without further incident. 1 of the Noise complaints was said to be 42 noise coming from Sunset Park. Upon the officer’s arrival, no noise or subjects were found in the park. 2 other complaints for Noise were found to be coming from a festival being held at Stewart Park. Another report of noise came in from an apartment building where a neighbor stated that another tenant’s music and children were being too loud. The officer responded to the area and did not find any violation of the Village’s noise ordinance. The final two noise complaints involved a resident stating that the next-door neighbor was having a party and the music and guests were too loud. Upon officers’ response to the initial incident, the host neighbor stated they would keep the noise down. After the second incident, the officer advised the host to end the party or face local law violation charges. No further complaints were received regarding this matter. There were 2 motor vehicle accidents reported in TraCs, none involving deer. In summary 15 persons were arrested and the following 20 charges were filed: 1-Assault 3rd, 1-Reckless Endangerment 2nd, 1-Criminal Obstruction of Breath/Blood Circulation, 1-Unlawful Possession of a Controlled Substance 7th, 2-Unlawful Possession of Marijuana, 1 AUO 2nd, 7-AUO 3rd, and 6-Suspended Registration. Over the course of the month the following trainings and events took place: On the 19th, officers assisted the staff at Kendal at Ithaca with the workings of the newly installed panic alarm system that is located at various locations on the premises. On the 26th, all full-time officers attended “Winning Interdiction, Conducting the Complete Traffic Stop”, in Auburn, NY, a regional training offered by STOP DWI. The full-time officers worked a total of 59 hours of overtime and the part-time officers worked a total of 232 hours. Sincerely, Chief Jerry Wright 43 EXHIBIT 2020-041 TO: VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES FROM: Brent A. Cross, PE; Superintendent of Public Works DATE: July 19, 2019 ENGINEER’S REPORT: The following topics were covered at the Public Works Committee Meeting this month: 1. “Community Corners” Traffic Study: Kelly Thompson from Bergmann Associates met with the Mayor and I to show us their 3-4 preliminary layouts. We were encouraged by the “non-structural” solutions that they are considering. We gave her positive feedback to keep moving in the direction they have started. The next step is for Bergmann to develop the associate details such as how much traffic benefit and how much each version would cost. They will be making a presentation to the Trustees in the next month or two. 2. DPW Site Improvements: The DPW crew has done some of the drainage installation, but the major work will be in the excavation of the stormwater “pond”. I previously inquired with TG Miller whether we would need to file a Notice of Intent for the Stormwater Pollution Prevent Plan with the NYSDEC. Dave Herrick thought that we do not need to, but I have asked him to give me the official citation of the regulations for our records. 3. Cayuga Heights Road Pedestrian/Drainage project: TG Miller had previously begun work on planning of two pedestrian facility options but have put that on hold until we have completed the grant application for the Right Sizing of Culverts through the Climate Smart Communities program. 4. Climate Smart Communities Grant: Michele Palmer is working on assembling the grant materials. She has requested the Trustees to pass a resolution of financial support for the project. Details will be made available at the meeting. 5. Marcham Hall Projects: Gutters: I have sketched up a typical detail based on recollection of advice from Wayne Larson. Trustee Marshall is in liaison with him to get his feedback before I send it to the contractors for final pricing. Energy Evaluation: Snug Planet came last month to do a visual inspection of the building to make recommendations for various aspects of the energy performance of the building such as insulation, air sealing, window improvements, etc.. They will be coming back on 7/22/19 to do a blower door test which will give them a better picture of where the building is “leaking” energy. Court Room A/C: The new unit has been installed and seems to be working very well. 6. Walking Safe-Cayuga Heights Sidewalk Project: A letter has been sent to 15 prequalified Consulting Engineers, requesting their interest and qualifications for the preliminary/final design of the project. The 44 responses will be reviewed by a “selection committee” using a format prescribed by the Federal Highway Administration. The responses are due on August 23, 2019. 7. Cornell North Campus Residential Expansion: The site preparation work has commenced, but at this time, they do not have their building permit from City of Ithaca. We were informed that the Road Assessment Report has been completed and they are in the process of evaluating it. We were told that we would get a copy of it this week, but I have not received it yet. There was also a separate meeting this month to discuss Wastewater Treatment Plant Operations: 1. Monthly Operations: John McGrath presented the NYSDEC report for the month of May (June test results not back from lab yet). The month of May had an average daily flow of 1.463 mgd. All test parameters were within limits including total phosphorus at 0.20 mgl. 2. Phase 1 Improvement Project: There is a preconstruction meeting scheduled for 7/29/19. 3. Grant Opportunities: GHD is working on updating last year’s grant application for Phase 2 to be re- consider under this year’s NYSDEC WQIP funding program. To get the right cost estimate in the application, Nick has pointed out that at the current Phase 2 estimated cost, the total project would come out to $11.7 million, which is slightly more than the $11.4 million in the current bonding resolution. He is asking whether to show the current project cost in the grant application or reduce the scope of the Phase 2 project. This is something we will have a better understanding of the status of the current bonding process after a conference call with EFC on Monday. 4. Boiler Replacement: The purchase order for the new boiler was placed with the manufacturer, and we have been in discussion with Danforth Co. (mechanical contractor on Phase 1) to give us a quote for the installation of the boiler as a change order to their current contract. 5. Town of Lansing: The new combine sewer district(s) agreement was completed and approved by the Trustees a few months ago. 6. Borg-Warner: They have written a purchase order for their new reverse osmosis filtration system. This will allow them to recycle/reuse 95% of their process water. The other 5% of their “sludge” will be trucked away. The good news is that we will no longer need to regulate them with an industrial sewer permit. The bad news is that we will lose approximately $100,000/year of revenue from the WWTP budget. 7. Inflow & Infiltration (I/I): This topic has multiple areas of concentration and multiple participants in the solution. The primary focus at this time is to upgrade all metering systems to a level that is producing continuous and consistent data so that we can pin point agency/neighborhood sources of I/I contribution. The Group of 6 (Intermunicipal Sewer Agreement) are considering whether to continue to approach this parochially or as a system-wide approach. I have solicited proposals from GHD (already received) and from TG Miller (pending) to provide engineering services to take the next step(s). 45 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 the change of 102 Sunset Drive, tax parcel 13.-4-1 to 206 Cayuga Heights Road as the new designated address. EXHIBIT 2020-042 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 the change of 206 Northcross Road to 146 Jessup Road as the designated address for the NCRE construction trailer yard. EXHIBIT 2020-0443 46 47 EXHIBIT 2020-043 ABSTRACT # 2 BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees approves Abstract # 2 for FYE2020 consisting of TA vouchers 2-14 in the amount of $19,564.74 and Consolidated Fund vouchers 26-112 in the amount of $281,450.50 and the Village Treasurer is instructed to make payments thereon. EXHIBIT 2020-044 Clerk Report July 2019 • Deputy Clerk Skrubis will be sending out delinquent taxes the first week of August •Updated and submitted Tree Inventory Grant progress report •Finalized 2018 JCAP Paperwork for submitting to NYS •Assisted in compiling information to complete the Smart Climate Communities Grant application for Michele Palmer. •Updated employees and retirees on health care cost changes; letters and in payroll •Still working with Deputy Clerk Rich on understanding the payroll and retirement systems. •Working on updating Village policies •Scheduling the annual NYSIF Workers Compensation Audit. •I would like to discuss a new copier for the Village office and I will present option to the Board at the August meeting. • I will be out of the office from August 6 – 14 48 EXHIBIT 2020-045 *Some language is subject to some change after Monday’s conference call. SUPERSEDING BOND RESOLUTION DATED APRIL 1, 2019. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF AN ADDITIONAL $1,400,000 BONDS OF THE VILLAGE OF CAYUGA HEIGHTS, TOMPKINS COUNTY, NEW YORK, TO PAY PART OF THE COST OF THE CONSTRUCTION OF ADDITIONS TO AND RECONSTRUCTION OF THE SEWAGE TREATMENT PLANT, IN AND FOR SAID VILLAGE. WHEREAS, the capital project hereinafter described has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, will not result in any significant adverse environmental impact; and WHEREAS, the Board of Trustees of the Village of Cayuga Heights, Tompkins County, New York, on August 30, 2018, duly adopted a superseding bond resolution authorizing the issuance of $10,000,000 bonds of said Village to pay the cost of the construction of additions to and reconstruction of the sewage treatment plant, in and for the Village of Cayuga Heights, Tompkins County, New York, including original furnishings, equipment, machinery, apparatus, and incidental improvements and expenses in connection therewith, and WHEREAS, it has now been determined that the maximum estimated cost of such specific object or purpose and related improvements is $11,400,000, an increase of $1,400,000 over that previously authorized; and 49 WHEREAS, it is now desired to authorize the issuance of an additional $1,400,000 bonds of said Village for such specific object or purpose to pay a portion of the cost thereof, together with related improvements; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Board of Trustees of the Village of Cayuga Heights, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying additional costs of the construction of additions to and reconstruction of the sewage treatment plant, in and for the Village of Cayuga Heights, Tompkins County, New York, including original furnishings, equipment, machinery, apparatus, and incidental improvements and expenses in connection therewith, in and for Village of Cayuga Heights, Tompkins County, New York, there are hereby authorized to be issued an additional $1,400,000 bonds of the Village of Cayuga Heights, Tompkins County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is now determined to be $11,400,000, which specific object or purpose is hereby authorized at said maximum estimated cost, and that the plan for the financing thereof is as follows: a) by the issuance of the $11,400,000 bonds of said Village authorized to be issued pursuant to superseding bond resolution dated and duly adopted April 1, 2019; and b) by the issuance of the $11,400,000 bonds of said Village authorized to be issued pursuant to this bond resolution, subject to permissive referendum; provided, however, the amount of bonds to be issued shall be reduced to the extent of grants received. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local 50 Finance Law, calculated from the date of the first obligations issued therefor. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Village of Cayuga Heights, Tompkins County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Village a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Village Treasurer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Village Treasurer, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Village Treasurer, the chief fiscal officer of such Village. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Village Treasurer shall determine consistent with the provisions of the Local Finance Law. 51 Section 7. The Village Treasurer is hereby further authorized, at her sole discretion, to execute a project finance and/or loan agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said Village in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. Upon this resolution taking effect, a summary thereof shall be published in the official newspaper, together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 11. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. 52