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HomeMy WebLinkAbout01.18.2023_Agenda1 Zoom Link 4118425407 Village of Cayuga Heights Board of Trustees Monthly Meeting January 18, 2022 7:00 p.m EXHIBIT/PAGE 1. Call To Order 2. Approval of December 21, 2022 Meeting Minutes 2023 - 114 pgs. 2-22 3. Report of the Fire Superintendent Tamborelle: Submitted Report 2023 - 115 pgs. 23-24 a. RFP for CHFD Roof Replacement 2023 - 116 pgs. 25-30 4. Privilege of the Floor: 5. Report of Treasurer Dolch: Submitted Report 2023 - 117 pgs. 31-32 6. Report of Mayor Woodard a. Public Hearing on Proposed Local Law B of 2023 – Affintiy House 2023 - 118 pgs. 33-34 b. Public Hearing on Proposed Local Law A of 2023 – Village Trees and Shrubs 2023 - 119 pgs. 35-37 c. Armory Associates LLC Actuary Audit Proposal 2023 - 120 pgs. 38-42 d. Plant to Plant Contract 2023 - 121 pgs. 43-47 e. Schedule a Public Hearing on Proposed Local Law C of 2023 - CHFD Property Tax Exemption 2023 - 122 pgs. 48-50 f. Walking Safe Cayuga Heights Contract Discussion Postponed 2023 - 123 pg. 51 g. Sunset Park Amendment 2023 - 124 pgs. 52-54 7. Report of the Trustees a. Agenda Order b. Annual Performance Reviews 2023 - 125 pgs. 55-56 8. Report of Police Chief Wright: Submitted Report 2023 - 126 pgs. 57-58 9. Report of Director of Public Works Wiese: Submitted Report 2023 - 127 pg. 59 10. Report of Superintendent of Public Works Cross: 11. Report of Clerk Walker: Submitted Report 2023 - 128 pgs. 60-61 a. Polling Site Resolution 12. Report of Village Attorney: 13. Adjournment 2 EXHIBIT 2023-114 VILLAGE OF CAYUGA HEIGHT December 21, 2022 Zoom ID # 411842540 BOARD OF TRUSTEES 7:00 p.m. MONTHLY MEETING Present: Mayor Woodard; Trustees: Biloski, Hubbard, Rennekamp, Robinson, and Salton; Village Engineer B. Cross; Director of Public Works Wiese; Police Chief Wright; Clerk Walker; Treasurer Dolch; Attorney Marcus; Planning Board Member McMurry Absent: Trustee Marshall. 1. Call to Order: Mayor Woodard calls the meeting to order at 7:01 p.m. 2. Approval of Meeting Minutes: November 16, 2022 (Exhibit 2023-103) Resolution # 9310 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the November 16, 2022, Board Meeting minutes as presented. Motion: Trustee Salton Second: Trustee Biloski Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 3. Report of Fire Superintendent Tamborelle: Submitted Report (Exhibit 2023-104) •Fire Superintendent Tamborelle states that staffing levels at the department are a little light due to winter break. •Fire Superintendent Tamborelle states that State Fire Instructor Joe Lisi has been able to secure a basic exterior firefighting operations (BEFO) class in the spring for all 13 CHFD recruits. •Mayor Woodard states that she would like some more information about the condition of the CHFD roof. •Fire Superintendent Tamborelle states that J.D. Ferro inspected the roof and discovered 42 different penetrations (leaks) in the roof. The next step is to get quotes and put together a cost analysis for the next budget season. •Trustee Salton states that the whole roof should be replaced. Fire Superintendent Tamborelle will work with Village Engineer B. Cross on collecting bids from the RFP. •In Closing Fire Superintendent Tamborelle states that the 2015 Tahoe was sold at the December Tiestworth auction for $15,100 and needs a Board resolution declaring it surplus. 3 Resolution: 9311 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees hereby declares the 2015 Chevy Tahoe Vin: 1GNSK3EC0FR305968 as surplus and accepts the December 2022 auction settlement from Teitsworth Inc. in the amount of $15,100.00. Motion: Trustee Robinson Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 4. Report of Treasurer Dolch: Submitted Report (Exhibit 2023-091) •Village Treasurer Dolch states that Trustee Rennekamp signed off on the November bank to book reconciliation last week. •Village Treasurer Dolch states that she has three budget modification resolutions to present tonight. •Village Treasurer Dolch states that the first resolution is to create an expense account for the lawn maintenance costs for the two vacant Village properties. Resolution: 9312 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves funding of expense account Village Vacant Property Maintenance (A1620.491) with a budget of $700 to be funded from Contingency (A1990.400). Motion: Trustee Hubbell Second: Trustee Salton Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried •Village Treasurer Dolch states that the VCH Finance Committee took a close look at the expenses related to the Village insurance policies. Each policy was analyzed to see where those expenses should be allocated across funds. In doing so, we decided G1910.430 was underbudgeted by $11,388.90 (A Fund insurance account and F Fund insurance account were both overbudgeted). Resolution: 9313 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves moving $4535.69 from A Insurance (A1910.410) to G Insurance (G1910.430) AND $5917.05 from F Insurance (F1910.430) to G Insurance (G1910.430). 4 Motion: Trustee Biloski Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried Resolution: 9314 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves moving $936.16 from G Fund Contingency to G Insurance (G1910.430) in order to meet current fiscal year insurance expenses. Motion: Trustee Salton Second: Trustee Biloski Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried •Village Treasurer Dolch states that the DPW had a higher-than-expected expense in November with regards to shared service with the Town of Ithaca (chipper truck). •Director Wiese states that the Town of Ithaca had to find a new contractor and his rates were much higher. Resolution: 9315 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves moving $4000 from A Fund Contingency (A1990.400) into A8160.410 (Refuse – Contractual) in order to cover future expenses. Motion: Trustee Salton Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried Approval of Abstract 7 Resolution: 9316 5 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Abstract #7 for FYE2023 consisting of TA vouchers 449-58 in the amount of $17,503.85 and Consolidated Fund vouchers 462-547 in the amount of $488,866.49 and the Treasurer is instructed to make payments thereon. Motion: Trustee Biloski Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 5. Privilege of the Floor: No Members of the Public Wished to Speak. •Village Fire Inspector Chris Hamilton joins the meeting via Zoom at 7:16 p.m. 6. Report of Mayor Woodard: a. Public Hearing on Proposed Local Law F of 2022 Affinity House. •Mayor Woodard opens the Public Hearing at 7:16 p.m. •Village Attorney R. Marcus states that the definition of an affinity house currently is very broad and lacks detail. The new law would add the wording “as a family” as defined in subsection 305 of the Village Code. •Village Attorney R. Marcus states that the changes to the existing local law are intended to clarify the existing definition of an affinity house. The intent of this change is not to completely overhaul the criteria to establish an affinity house, but it was to give more criteria to the definition so that the Village Planning Board had a path to evaluate any application. Because the word “family” is defined in great detail in the Village Zoning Law, adding it to the definition of affinity house will make satisfying the criteria for an affinity house more difficult. •Mayor Woodard states that Trustee Hubbell and herself did reach out to Cornell University to see if they were interested in creating graduate student co-ops when a fraternity or sorority became vacant. At this time there is not any interest. •Mayor Woodard states that one of Trustee Salton’s objections to this law is that if we make the definition to include family then that would basically mean no one could do an affinity house. •Trustee Salton states that this law will then produce empty real estate and that is not good for property values. •Trustee Salton states that for him the rule of a family does not represent an affinity house. He feels that the way this statute is written is disingenuous because there is no way for anyone to act as a family in an affinity house. 6 •Trustee Salton states that he cannot support this drafted proposed local law. He supports having guidance for affinity houses but not the way this proposed local law is drafted. •Mayor Woodard states that there is already an offer to purchase the empty fraternity house located at 509 Wyckoff Rd. •B. Cross states that the prospective buyer is aware of the current zoning situation on an affinity house. There will be a challenge for affinity houses under this new proposed local law from the standpoint of future enforcement. •Trustee Salton suggests that the Village could license an affinity house and have an annual inspection similar to the Village Short-Term Rental Law. •Trustee Hubbell states that he sees the path of least resistance would be to convert such buildings into apartment buildings. •B. Cross states that we will get into those properties every two years for fire inspections, and at that point could confirm the house is still being used as an affinity house. •Trustee Robinson states that an affinity house could change over time and possibly rent rooms to other tenants who are not associated with the organization in order to cover expenses. •B. Cross reminds the Board that the tenants are not part of the relationship with the Village. The only enforcement action the Village can take is against the property owner. •Mayor Woodard states that the Board might consider eliminating affinity houses all together. •Village Fire Inspector C. Hamilton states that if the Village decides to allow affinity houses in an existing structure that has a fire safety system in place, then it makes it a much safer place to live. •Planning Board Member M. McMurry states that there is a provision in the Village Zoning Code that allows an affinity house with a Special Use Permit. The purpose of adding this to the Zoning Law was to provide an extra layer of criteria for certain uses that are allowed but could be problematic. The Board could simply add affinity house to that list. •Village Attorney R. Marcus states that affinity house is actually already listed in the multiple housing district, with the requirement for a special use permit. •Trustee Biloski asks if there is a mechanism for charging programming fees in an affinity house. •Village Attorney R. Marcus states that the one affinity house in the Village that acts as a halfway house/rehabilitation house charges rent to the tenants which may include some programs. •Trustee Hubbell would like to see vacant fraternity and sororities houses turned into Co-Ops sponsored and overseen by the university. •Mayor Woodard asks if the Board should just eliminate an affinity house as an allowed use in the Village of Cayuga Heights. 7 •Trustee Rennekamp states that she agrees with Trustee Salton that defining an affinity house as a “family” is disingenuous, if we don’t want them then just disallow them. •Planning Board Member M. McMurry states that she would like to point out that if we allow affinity houses pursuant to a special use permit if both give us an extra level of review and in terms of enforcement that it has to continue to comply with the terms of the special use permit. •Mayor Woodard states that as a result of this conversation, the Board should close the Public Hearing and pass a resolution rejecting Proposed Local Law F of 2022 and schedule a Public Hearing in January to remove the term affinity house as an allowed use in the multi-housing district. •Mayor Woodard closes the Public Hearing at 8:08 p.m. •Trustee Robinson makes a motion to vote against passing this local law. Resolution: 9317 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees rejects Proposed Local Law F of 2022 as written. FURTHER BE IT RESOLVED THAT: The Board now authorizes Village Attorney to draft the language in a new proposed local law removing affinity houses as a permitted use in the Village Zoning Law. Motion: Trustee Robinson Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried •B. Cross states that as a reminder, the Village Planning Board will be addressing the new owners of 509 Wykoff Rd. who have submitted an application to develop an affinity house. Does the Planning Board then base that application on the current law? •Village Attorney R. Marcus states that the applicant is subject to any law changes and the Board would have already passed a law eliminating an affinity house from a permitted use in the Village. B. Cross should notify the applicant as soon as possible that this appears to be the direction the Board is going. Resolution: 9318 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees hereby schedules a Public Hearing on January 18, 2023, at 7:10 p.m. for Proposed Local Law B of 2023 amending the Village Zoning Law eliminating affinity houses as a permitted use in the Village of Cayuga Heights. Motion: Trustee Robinson Second: Trustee Biloski 8 Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried b. Corners Community Address Changes: In an effort to communicate the correct business address for the Corners Community Shopping plaza Village Fire Inspector C. Hamilton, Village Police Clerk J. Carr, and Tompkins County ERC have met with the landowner and assigned new 911 addresses. •C. Hamilton states that over the years NYSEG and the post office would assign addresses. The new map (Exhibit 2023-107) shows the new suite numbers and defined street addresses. Resolution: 9319 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 authorizes and approves the changes made to the Corners Community Shopping Plaza as attached in Exhibit 2023-107. Motion: Trustee Robinson Second: Trustee Biloski Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried c. 2021 -2022 VCH Court Audit: Mayor Woodard states that INSERO has completed the Village Court audit and the Board has reviewed the results and supports the findings. Resolution: 9320 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves the new Corner Community address changes as presented in Exhibit 2023-107. Motion: Trustee Hubbell Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 9 d. Schedule a Public Hearing for Proposed Local Law A- 2023 Street Trees and Shrubs. Village Forester F. Cowett states that this proposed local law addresses two key changes. 1. currently there is no mechanism in place to bill a property owner who has a tree fall from private property onto Village Property. 2. The Village forester can make a request that a property owner has a tree that is considered an immediate threat removed within 60 days versus the current 14 days. •Mayor Woodard asks Village Forester F. Cowett what happens if the Village resident does not comply within 60 days. •Village Forester F. Cowett states that the Village could have the tree removed and bill the resident for the cost. DRAFT VILLAGE OF CAYUGA HEIGHTS PROPOSED LOCAL LAW A OF THE YEAR 2023 A local law to AMEND THE VILLAGE OF CAYUGA HEIGHTS CODE CHAPTER 248, "STREET TREES AND SHRUBS," SECTION 11, "REMOVAL AND PRUNING OF TREES AND SHRUBS ON PRIVATE PROPERTY" Be it enacted by the Board of Trustees of the Village of Cayuga Heights (the "Village") as follows: SECTION I PURPOSE AND INTENT The Village's Board of Trustees has found that the existing requirements in the Village of Cayuga Code, Chapter 248, "Street Trees and Shrubs," Section 11, "Removal and pruning of trees and shrubs on private property," do not completely address the subject matter of such Section and warrant clarification. Therefore, the Village Board has determined that the terms of said Section should be modified. The purpose of this Local Law is to revise the text of Village Code Chapter 248, "Street Trees and Shrubs," Section 11, "Removal and pruning of trees and shrubs on private property" as stated below. SECTION II AUTHORITY This Local Law is enacted pursuant to the grant of powers to local governments provided in Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provision of the New York State Constitution and not inconsistent with any general law relating to its property, affairs, government or other subjects provided for in said Section 10 of the Municipal Home Rule Law. SECTION III AMENDMENT OF VILLAGE CODE CHAPTER 248, "STREET TREES AND SHRUBS," SECTION 11, "REMOVAL AND PRUNING OF TREES AND SHRUBS ON PRIVATE PROPERTY" Village Code Chapter 248, "Street Trees and Shrubs," Section 11, "Removal and pruning of trees and shrubs on private property," is hereby deleted in its entirety and replaced with the following text: § 248-11. Pruning and removal of trees and shrubs on private property. 10 A. It shall be the duty of any person or utility owning real property bordering on any property owned by the Village, including, but not limited to, any public street or park, at their own expense, to prune or remove any trees located upon their property which are dead, harbor insects or disease, or which are so damaged as to be a public nuisance or in danger of falling, thereby potentially causing damage to person or property on any such adjacent property owned by the Village, including, but not limited to, any public right-of-way or park. B. It shall be the duty of any person or utility owning real property bordering on any property owned by the Village, including, but not limited to, any public street, at their own expense, to ensure that trees and shrubs located upon their property are pruned in a manner that they do not obstruct or shade streetlights, obstruct the passage of pedestrians on sidewalks, obstruct the vision of traffic signs or obstruct the view of any street or sidewalk intersection. C. The Village Forester may deliver to the property owner written notification that a tree or shrub located upon their property should be pruned or removed for the reasons stated in Subsection A or B above. The property owner shall have fifteen (15) days after the date of service of the notice to confirm its receipt and to inform the Village Forester or Code Enforcement Officer as to when the tree or shrub shall be pruned or removed. After so informing the Village Forester or Code Enforcement Officer, the property owner shall prune or remove the tree or shrub within sixty (60) days unless the Village Forester or Code Enforcement Officer delivers to the property owner written notice that such work is required to occur sooner than such sixty (60) day period. If the property owner fails to comply with such provisions, the Village may prune or remove the tree or shrub and deliver to the property owner an invoice for the Village's cost of pruning or removal. D. Notwithstanding the terms of Subsection C above, in the case of any tree located on private property, (a) which tree was the subject of a notice delivered to the property owner in accordance with Subsection C above, that falls and obstructs any property owned by the Village, including, but not limited to, any public right-of-way or park, or (b) which tree poses an imminent threat to person or property on any property owned by the Village, including, but not limited to, any in the right-of-way or park, and, whether due to the tree’s size, its proximity to electrical utilities, or some other factor, must be removed on an emergency basis by a professional tree care management company, the Village may arrange for said removal and deliver to the property owner an invoice for the Village's cost of removal. E. If the property owner objects to payment of the invoice described in either Subsection C or D above, the property owner may appeal the requirement to pay such costs by written notice delivered to the Village Board of Trustees within thirty (30) days of the date of such invoice, and the Village Board will consider the such appeal at its next regularly scheduled Board meeting following receipt of such appeal. If the property owner does not deliver to the Village payment of the Village's cost of such pruning or removal within sixty (60) days of the Village's delivery of the invoice, and the Village Board has denied the property owner's appeal of such invoice, the cost stated on a such invoice shall be added to the next real estate tax bill for the subject property. 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 11 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. Resolution: 9321 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees hereby schedules a Public Hearing on January 18, 2023, at 7:15 p.m. for Proposed Local Law A of 2023 amending the Village Zoning Law Section 248, Street Trees, and Shrubs. Motion: Trustee Biloski Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried e. Plant to Plant Agreement: Mayor Woodard states that going forward there will be a quarterly report of the average flow down Kline Road. Therefore, the deadline for the Village to comply has been removed. •Mayor Woodard states that she will be reviewing the original contract since there is time to revisit any changes. f. Walking Safe Cayuga Heights SEQR: As part of the NYSDOT TAP Grant the Village is required to sign off on the environmental review as part of the National Environmental Policy Act. •B. Cross states that Fisher & Associates has already prepared documentation that indicted the Board had classified this as an unlisted action but the Village will need to make those findings through SEQR review. •Trustee Salton states that he has some concerns with the Fisher & Associates Design Report. His concerns are the location of the sidewalk on the south side and why the sidewalk is not ADA compliant. •Trustee Salton also states that the project seems to be focused on the dollars more than on the efficacy of the best solution. 12 •Mayor Woodard states that there are pros and cons to both sides. The south side of the road was the best solution given the situation. She further states that the Village will be seeking further public input through a Public Hearing. •Village Attorney R. Marcus states that the Village is not obligated to hold a Public Hearing on this project, but a Public Hearing does require notice and the community might respond to a notice. After discussions with Village Engineer B. Cross, it is his understanding that B. Cross was intending to meet one on one with the property owners that have voiced some objections to the project. •B. Cross states that the project had a public meeting a year or so ago before the preliminary design was done. The engineering report has every person's input and that was their opportunity to contribute to the design. That input was discussed, and a conclusion was reached and is supported by the Federal Government and NYSDOT, which is paying for most of this project. •B. Cross further states at this point in time there is no further opportunity for public input. What is available is to have each individual property owner who has some form of grievance review and comment on the design drawings or layout affecting their property. •Planning Board Member M. McMurry states that she agrees with B. Cross's statements and part of the delays with this project have to do with addressing the property owner's concerns from that initial public meeting. She further states that now we are finally at the point of approving the report and can move forward with the detailed drawings, which is something the residents have been asking us to provide. •Mayor Woodard states that it sounds like we should have an informational meeting with the public about the final detailed design drawings. •Trustee Salton asks what if the project comes in at 50% higher than originally budgeted. •Planning Board Member M. McMurry states that there are options. One, we could segment the project so that when we bid it out we will have an idea of the cost for parts of the project and a cost for the total project. Two, there is a potential for other sources of funding. •Trustee Salton asks if there is a point in time that we decide this is not affordable and what will we do then. •Planning Board Member M. McMurry states that if we don’t proceed then we have to reimburse the Federal Government $133,000. •Mayor Woodard states that at the next Board meeting, we will be able to determine what that cost increase might be and further this discussion. •Village Attorney R. Marcus states that the Board would need to identify itself as Lead Agency under SEQR for this project, then categorize this action as an unlisted action under SEQR. Resolution: 9322 13 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees intends to act as lead agency under SEQR and conduct the SEQR review for the Walking Safe Cayuga Heights Sidewalk Project. Motion: Trustee Robinson Second: Trustee Biloski Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried Resolution: 9323 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees has identified the Walking Safe Cayuga Heights Sidewalk Project as an unlisted action under SEQR. Motion: Trustee Robinson Second: Trustee Biloski Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 14 •The Board has made the following SEQR determinations: 15 16 17 18 Resolution: 9324 Walking Safe Cayuga Heights SEQRA Determination WHEREAS, The Village of Cayuga Heights (the “Village”) has received funding under the New York State Department of transportation through the Transportation Alternatives Program (TAP) to support the construction of new sidewalks along Kline Road (from Highland Road to Cayuga Heights Road) and Wyckoff Road (from Kline Road to the Lake View Cemetery, which project has been named Walking Safe: Cayuga Heights (the “Action”): and WHEREAS, the TAP program provides reimbursement for up to 80 percent of project-related costs with the remaining 20 percent provided by the Village; and 19 WHEREAS, the Village of Cayuga Heights is considered a local agency per Title 6 NYCRR Part 617.5C and the NYS Environmental Conservation Law (ECL) and is responsible for the implementation of the New York State Environmental Quality Review Act (SEQRA); and WHEREAS, the Action requires consideration under SEQRA per 6 NYCRR Part 617.5c, and WHEREAS, the Village of Cayuga Heights Board of Trustees has determined that the project shall be categorized as an Unlisted SEQRA action; and WHEREAS the Board of Trustees has completed Parts 1 and 2 of the SEQRA Short Environmental Assessment Form; NOW THEREFORE BE IT RESOLVED that the Cayuga Heights Board of Trustees has determined that supporting documentation of small or no environmental impact is provided in Transportation Project Report Final Initial Project Proposal /Final Design Report Dated October 2022 for Project Walking Safe Cayuga Heights Project Identification Number (PIN) 3950.69 and concurs with the determination of the New York State Department of Transportation that the proposed Action will not result in any significant adverse environmental impact. Motion: Trustee Hubbell Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: none •Mayor Woodard states that at the January 18, 2023 Board meeting we will hopefully hold a public information meeting on the final design plans for the Walking Safe Cayuga Heights Sidewalk Project. •B. Cross states that when we finally decide to ask Fisher & Associates to send the project out to bid there is a supplemental contract agreement with NYSDOT that will allow them to reimburse us for 80% of the $133,000 we have spent. Motion Carried 7. Report of The Trustees: No reports at this time. 8 . Report of Police Chief Wright: Submitted Report (Exhibit 2023-111) •Police Chief Wright states that after two years it looks like the City of Ithaca is looking to start over with their reimagining public safety process. •Police Chief Wright states that the Tompkins County Sheriff's Office was approved to hire a mental health employee that will be teamed up with a deputy and will be able to handle calls specifically related to mental health. This is one area that the Village could use as a resource if needed. •Police Chief Wright further states that if this pilot program goes well then the County is likely to bring on more mental health employees. 20 •In closing Police Chief Wright states that the 2017 Ford SUV is ready to be declared surplus and sold at auction. Chief Wright is confident this vehicle will sell for at least $10,000. Resolution: 9325 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees hereby declares the 2017 Ford Explorer Vin: 1FM5K8AR7HGD92694 as surplus and authorizes the sale of this vehicle through Teitsworth Inc. Auctions. Motion: Trustee Salton Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried •Mayor Woodard asks Chief Wright where the motor vehicle accidents that involved deer were located. •Chief Wright stated both accidents were located within the Village on Rt. 13. 9. Report of Director of DPW Wiese: Submitted Report (Exhibit 2023-111) •Director Wiese states that the DPW crew was called in for a water main break at 1:00 a.m. on Thanksgiving morning. •Director Wiese states that the staff was able to reuse the handrail from the Village WWTP at the new culvert pipe located by the elementary school. •Trustee Salton states that he wanted to complement the DPW staff on how they are managing the use of salt. •Mayor Woodard asks how the new snowplow blades are working. •Director Wiese states that unfortunately with our roads the new plow blades are causing more damage than is desired. So at this point, we are back to our way and using rubber bars. •Trustee Robinson states that Director Wiese has reduced the LED streetlights to 70% for the winter months. •Director Wiese states that the maintenance contract has not been issued yet because as part of the smart city grants, we chose to capitalize on some water level sensors that will be placed in certain culverts and at the Village WWTP. 10. Report of Village Engineer Cross: a. Phase 3 WWTP Grant: 21 •B. Cross states that after being awarded a Phase 1 and Phase 2 WWTP Grant, we were turned down for a Phase 3. •B. Cross feels that there is a change of awards toward areas that are socially and economically distressed. If that remains the case, we will not be in the running to receive any future awards. •B. Cross has reached out to a design / build third party that can complete what is needed for a lot less than what a grant match option might fund. At this point, we are hoping to just buy the parts and have a contractor install what is needed. The two major areas we will be addressing are the three fifty-year-old pumps and the sludge collection rail equipment used in the WWTP settling tanks. b. Culvert Pipes: •B. Cross states that the largest, oldest culvert pipe in the Village is along the path of the Walking Safe Cayuga Heights Sidewalk Project. T.G. Miller has taken a look at the culvert which is located under Cayuga Heights Road along the bank of Remington Road. •B. Cross states that NYSDOT recently announced a grant opportunity call Bridge New York. T. G. Miller will provide some information for us to submit the grant by January 15, 2023. This project could range from $100,000 to $250,000. c. Village Greenhouse: •B. Cross states that Chris Lowe has completed the work on the greenhouse and crawlspace floor so the plumbing company can connect the hot water heat to the greenhouse. d. Community Science Institute (CSI): •B. Cross states that the CSI group presented to the Village Public Works Committee water samples taken from Village streams that they identified some potential high chloride (salt). •B. Cross states that the reports from CSI show that the majority of the chloride in the water that is entering the Village is coming from outside the Village. •Mayor Woodard asks Clerk Walker if we have contributed to CSI financially. •Clerk Walker states that we have in the past but nothing this year. •B. Cross will reach out to them to see if they will invoice for testing going forward. 11. Report of Clerk Walker: •Clerk Walker states that as a result of the Village Climate Smart Communities Taskforce the Village was awarded a $5000 grant for reaching 2000 NYSERDA points. The next step would be for the Village to decide how to use this money for clean energy initiatives. 12. Report of Attorney Marcus: 22 •Village Attorney R. Marcus states that he would like to thank Police Chief Wright and Police Clerk Carr for their amazing responsiveness to an unusual FOIL request. 13. Executive Session: Resolution: 9326 WHEREAS: The NYS Open Meeting Law §105 prescribes matters for which a public body may conduct an executive session; and, WHEREAS: Upon a majority vote of its total membership, taken in an open meeting pursuant to a motion identifying the general area or areas of the subject or subjects to be considered; and, WHEREAS: The conduct an executive session for these enumerated purposes only, provided, however, that no action by formal vote shall be taken to appropriate public money: THEREFORE, BE IT RESOLVED THAT An Executive Session of the Village of Cayuga Heights Board of Trustees has been conducted for the purposes of subsection (F) the medical, financial, credit, or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation. Motion: Trustee Salton Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried Resolution: 9327 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees exits Executive Session and returns to an open meeting. Motion: Trustee Robinson Second: Trustee Salton Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 14. Adjournment: Mayor Woodard adjourns the meeting at 10:39 p.m. 23 EXHIBIT 2023-115 January 10, 2022 Honorable Linda Woodard Board of Trustees Village of Cayuga Heights Monthly Report December 2022 It was nice to slow down in December with a total of 39 calls. We had 20 calls in the Village of Cayuga Heights, 14 calls in the Town of Ithaca and 5 mutual aid requests. There were 25 EMS calls and 14 fire responses. The month was relatively spread out with fire and EMS calls. We did receive a request for mutual aid to Lansing on December 28th for a reported fire at a local hotel. We responded one engine with manpower to the scene. Arriving units found the Lansing Fire Department on scene with limited manpower and our interior crews hooked up with a Lansing Chief. There was obvious fire coming from the AC/Heater that was attached to the wall and extended into the room. Crews quickly moved to the fire floor and found a heavy smoke condition. They advanced a handling to the fire room and made entry. They quickly suppressed the fire in the room and performed overhaul to ensure that the fire was completely out. We then assisted with ventilation to remove the smoke from the fire floor. No occupants of the hotel were injured and the entire operation took about 30 minutes. This is an amazing example of how our agencies work very well together. We did finish 2022 with 549 runs with is 10 more then 2021. For the year we had 340 calls in the Village of Cayuga Heights, 159 calls in the Town of Ithaca and we had 50 requests for mutual aid. We had two structure fires in our district and responded to many structure fires on mutual aid calls. There were 345 requests for EMS and 204 fire calls. The volunteers of Cayuga Heights covered every request for service in 2022. It was a very busy year for the department. Calls and training kept all members involved. December training slowed because of the holiday break. We did a downed firefighter packaging and extrication training early in the month. This training is essential for our interior members. If there is a firefighter down emergency there is very little time to get the member out of the hazardous environment before they run out of breathing air. This training is done is a dark room with the SCBA face pieces blacked out. It is a very impressive training to participate in. We held our annual pre-holiday Jeopardy training before everyone left for break. This is a team event. The teams consist of new and old members and teams must answer questions about our operations. We will hold our annual OSHA refresher training when everyone is back from break in January. We are required to do this every year. The past two years we have done the training on line due to the pandemic but we are back to in person for this one. At this training we also do our annual fit testing. We have not done fit testing during the pandemic due to the danger of sharing a regulator. The fit test manufacturer finally came out with safe practices guidelines and disinfecting procedures between users. We did purchase two extra regulator pieces for the machine so we can disinfect regulators between users. The request for proposal for the station roof project is written and will be presented with the board packets at the January meeting for approval. We hope to send the RFP out after it is approved by the board and get quotes back to place the project in the 2023/24 budget cycle. We are due to replace E202 in 2025. We took a call from the E-One vendor we used to buy L231 and he said that they are taking 24 orders now for trucks being delivered in 2025. We are currently working through a specification order and planning for this eventuality. We would like to place the order for the truck in 2023 knowing that we will not take delivery until 2025. The F150 pickup that we budgeted for has no timeline for delivery. I contacted the dealer this week and he said that the truck is not being built yet and they have no idea when it will be built. The HVAC replacement project is moving forward. HSC Associates has ordered the equipment. When the line sets arrive they will install them in the air handlers. As the weather warms in the spring they will install the AC units on the roof. We are looking forward to many of our members returning from break over the next couple of weeks. The fire department will have its banquet at Lakewatch Inn on April 22 this year. We are excited for our first banquet in three years. Sincerely, George Tamborelle Fire Chief/Fire Superintendent 25 EXHIBIT 2023-116 Request for Proposal Cayuga Heights Fire Department Roof Replacement and Gutter Relining Posted date: January 19,2023 Due date: March 1, 2023 Estimated Award Date: March 15, 2023 The Village of Cayuga Heights is seeking a roofing contractor to replace the roof and reline gutters at the Cayuga Heights Fire Department, 194 Pleasant Grove Road, Ithaca NY 14850. Successful bidders will at a minimum perform the following work (collectively, the "Work"), as applicable in accordance with the manufacturer's recommendations: 1. Remove existing roofing material down to original decking on entire roof. All material must be removed from property and properly disposed of in accordance with applicable environmental law and regulation. 2. Install synthetic underlayment to meet NYS building code. 3. Install 6’ ice and water shield 4. Install appropriate 30-year shingles as approved by the Village 5. Install rubber roofing on all areas where there is existing rubber roofing 6. Install ODE edges on all eaves and rakes 7. Install ridge ventilation 8. Replace all pipe flanges and wall flashing 9. Reline all existing gutters with rubber roofing material 10. All other required work considered standard procedure to complete the successful installation of roof and gutters that is not mentioned above should be factored in and noted in the proposal (i.e. any need for wood replacement, etc). General Conditions: The following are the general conditions for the work to be performed. 1. Scope of Work It is understood that except as otherwise specifically stated in the contract, the vendor ("Contractor") shall provide and pay for all materials, labor, tools, equipment, and transportation of every nature and all other services and facilities of every nature whatsoever, necessary to execute, complete and deliver the Work within the specified time. Permits and licenses necessary for the execution of the Work shall be secured by the vendor, but no fees will be charged by the Village to the vendor. All supplies and material shall be new. Any work necessary to be performed after regular working hours, such as work performed on Sundays or legal holidays, shall be performed without additional expense to the Village. Contractor expressly acknowledges and agrees that the site is a working fire station and that Contractor must ensure that access to the fire station be maintained and the apparatus bays are not obstructed at any time without prior notice to the Fire Chief. 2. Existing Conditions/Site Visit The Contractor, by executing this document, and in undertaking the Work under this contract, verifies that the Contractor has visited the site and has taken into consideration all conditions which might affect 26 the Work. No consideration will be given to any claims based on lack of knowledge of existing conditions. The Village of Cayuga Heights can provide a copy of an Eagle View Report obtained on 10/25/2022 on request of the Contractor. Un-accompanied site visits can be made at any time, but s the Contractor may access the roof only if accompanied by a representative of the Village of Cayuga Heights or the Fire Department. For questions about job requirements or to arrange a site visit with a staff member, email George Tamborelle at chief@chfd.net 3. Insurance Prior to the commencement of the Work, the Contractor shall furnish to the Village a Certificate of Insurance showing compliance with the following limitations. The Contractor agrees to comply with the provisions of Worker’s Compensation laws of the State of New York. The Contractor shall maintain such other insurance (with limits as shown below) as shall protect the Contractor and the Village from any claims for property damage or personal injury, including death, which may arise out of operations under this contract, and the Contractor shall furnish the Village with certificates and policies of such insurance as shown below. The Contractor shall maintain all required Insurance coverages until the Work has been completed by the Contractor. Listed below are the requirements for the Contractor's insurance coverages, all of which must be procured by the Contractor at the Contractor’s expense. a. Proof of current worker's compensation coverage b. The Contractor ’s public liability insurance, personal injury, including death- $250,000.00 for each person and $500,000.00 for each accident. c. Property damage- limits of $500,000.00 for each accident and $1,000,000.00 for the aggregate. d. Certificate of Insurance with the Village of Cayuga Heights (836 Hanshaw Road, Ithaca NY 14850) listed as additional insured must be delivered to the Village prior to commencement of the Work. e. Insurance must be written by a company licensed to do business in the State of New York. 4. Taxes The Village is a tax-exempt organization. A copy of the Village’s tax-exempt form will be furnished. 5. Award of Contract Award of contract will be made to the most responsive/responsible bidder meeting the requirements of the Village within 30 days of the bid opening date. This solicitation does not commit the Village to award a contract, to pay any costs incurred in the preparation of the proposal, or to procure or contract for goods or services listed herein. The Village may accept any proposal offered on an all, partial, or none basis, or within funds available, whichever is in the best interest of the Village. 6. Contract Form Upon contract award, the Village and the Contractor will have a signed contract prior to any of the Work being started. 7. Change in Contract 27 The Village will not be responsible for any change in the Work involving extra cost unless approval in writing is furnished and approved by the Village before such Work is begun. 8. Indemnification The Contractor agrees to hold the Village harmless from and to indemnify the Village for every expense, liability, cost, damage, claim or payment arising out of or through injury (including death) to any person or persons or damage to property of any place at which any of the Work is performed or arising out of or suffered through any act or omission of the Contractor or of any subcontractor and either of their employees or agents. 9. Installation The Village anticipates issuing a notice to proceed any time after June 1, 2023. The successful bidder shall complete installation within 60 calendar days from the date the Work commences. If the anticipated job start and completion dates cannot meet the Village's expectations, an expected start and finish date must be listed on the proposal and will be taken into consideration when selecting the Contractor. If not indicated, it is assumed that the Contractor can meet the expected timeline above. 10. Weather The building shall never be opened to the elements at any time. All openings must be covered in a manner to withstand any weather condition and must be secured to avoid anyone entering the building through any roof openings. 11. Clean Up Site All outside and inside areas of the building and the grounds shall remain clean and free of any construction debris and tools. An allotted area will be identified by the Village for material storage. 12. Payments A single payment will be made to the Contractor when all aspects of the Work have been completed to the Village’s satisfaction. If the work is not completed in the first 30 days, then a monthly progress payment can be issued. 13. Proposal Form and Format Proposals should be submitted in the format specified within this document, contain all information required by the RFP, and submitted in a sealed envelope addressed to: Village of Cayuga Heights 836 Hanshaw Road Ithaca, NY 14850 Sealed proposals will be received until 11:00am on March 1, 2023. All proposals shall be clearly marked with “Roof Replacement Cayuga Heights Fire Department RFP.” Immediately following the closing of the RFP, the Village Clerk/Treasurer will publicly open bids at the Village Office located at 836 Hanshaw Road, Ithaca NY 14850. Proposals can additionally be emailed in PDF form to jwalker@cayuga-heights.ny.us. 28 14. Deviations Any deviations from the scope of work indicated herein must be submitted in writing, clearly noted and explained in detail on a separate form, and attached to the submitted proposal; otherwise, it will be considered that items/services offered are in strict compliance with these specifications and the successful bidder shall be held responsible thereto. Any deviations within a submitted proposal between prices quoted and restated in the summation sheet shall be resolved by the Village as being the lower price, unless the bidder requested in writing a correction or withdrawal of the proposal prior to the date and time set for opening. Any proposal withdrawal or modification received after the established due date at the place designated for receipt of proposal is late. No late proposal, late modification, or late withdrawal will be considered and shall be returned to the bidder unopened. The Village reserves the right to reject any or all proposals. It further reserves the right to waive technicalities and formalities in the proposals, as well as to accept in whole or in part such proposal(s) if the Village deems it advisable in protection of the best interest of the Village. The Village will be the sole judge as to whether proposals submitted meet all requirements contained in the RFP. 15. Affidavits Before acceptance of the proposal by the Village, the vendor will be required to furnish affidavits on the enclosed forms. 16. Withdrawal of Proposal A proposal cannot be withdrawn after it is filed, unless (a) the vendor makes a request in writing to the Village prior to the time set for opening of proposals, or (b) the Village fails to accept a bid within thirty (30) days after bid opening date. 17. Warranty The Contractor shall provide a 30-year non-pro-rated warranty covering materials, labor, tear-off and disposal, and a minimum 10-year workmanship warranty. 18. Prevailing Wage The Village shall pay for all labor at the New York State Department of Labor prevailing wage rate. The Village will provide an electronic copy of the prevailing wage rate on request. (Include Proposal Submittal Form [page 6] as a cover sheet to your proposal) 29 Form Due Date: March 1, 2023 Submitted in sealed envelope to Village of Cayuga Heights 836 Hanshaw Road Ithaca, NY 14850 Proposal should include description of all work to be performed along with a grand total of all costs and expenses to be paid by the Village for the completion of the Work. Be sure to include a description of the following (attach a document): • Job Setup • Roof Preparation • Work to be performed. Indicate an understanding of the work to be performed by addressing all items listed on page 1 and the manufacturer's recommendations as well as any additional required work specific to the building. • List product descriptions (brand of shingles, rubber roofing, etc.) • Cleanup • Warranty • Start & Completion Dates • Prices for any additional work (Plywood/OSB needed, etc.) *Include this submittal form as a cover sheet to your proposal.* Vendor Name (Company): ______________________________________________________ Address: ___________________________________________ Phone: ____________________ Email: ________________________________________________________________________ Submitted by (Name): ____________________________________ (Title) _________________ Having carefully examined the proposal requirements including the General Conditions, and the Request for Proposal for the Village of Cayuga Heights Fire Department Roof and Gutter Relining, any addenda, and conditions affecting the work, the undersigned proposes to provide the required materials, services, warranties, and delivery as specified in the attached proposal for the total sum not to exceed: GRAND TOTAL $_____________________________ Respectfully Submitted 30 (Signature of Representative) __________________________________ Date ____________ 31 EXHIBIT 2023-117 VILLAGE OF CAYUGA HEIGHTS TREASURER’S REPORT Audit: The Audit team was here the first week in January. We should have their reports within a couple of months. One of the recommendations from the Audit Firm was that the Village has a OPEB (Other Post-Employment Benefits) Report done. Revenues and Expenses: December 2022 bank to book reconciliations are complete. They have been reviewed and approved by Trustee and Deputy Treasurer Rennekamp. A copy of the accounting system generated Monthly Treasurer’s Report is attached. Budget: The 2023-2024 Budget Worksheets for General, Water, and Sewer Funds have been sent to the department heads. The budget workshop will be on Saturday, March 25th from 9-12 pm. Save the date! The Village received our 2023 tax bill for the WWTP. The total is $1002.64. We only budgeted $350 in this account. BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves moving $652.64 from Contingency to expense account G8110.420 (Sewer Admin- Taxes). Approval of Abstract 8: BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Abstract #3 for FYE2023 consisting of: • TA vouchers 59-66 in the amount of $14,870.11 and • Consolidated Fund vouchers 548- 616 in the amount of $356,638.71 and the Treasurer is instructed to make payments thereon. Respectfully Submitted Laura W. Dolch Laura W. Dolch #1 Treasurer 32 33 EXHIBIT 2023-118 DRAFT VILLAGE OF CAYUGA HEIGHTS PROPOSED LOCAL LAW B OF THE YEAR 2023 A LOCAL LAW TO AMEND THE VILLAGE OF CAYUGA HEIGHTS CODE CHAPTER 305, "ZONING," TO ELIMINATE "AFFINITY HOUSE" AS A PERMITTED USE Be it enacted by the Board of Trustees of the Village of Cayuga Heights (the "Village") as follows: SECTION I PURPOSE AND INTENT The Village's Board of Trustees (the "Board") has noted that the use of property as an "Affinity House" is a permitted use in the Village's Multiple Housing Zone, subject to the approval of a special use permit by the Village's Planning Board. The use of property as an "Affinity House" is not a permitted use in any of the Village's other zoning districts. The Board had found that the existing definition in the Village's Code of the term "Affinity House" is not clear and could be subject to misinterpretation. The Board has considered and discussed possible modifications to this definition, including by the addition of more specific requirements for a group of residents' use to be considered an "Affinity House." During the Board's December 21, 2022 regular meeting, which included a public hearing on a proposed local law that would have modified the definition of "Affinity House," the Board received and analyzed input from the Village's Code Enforcement Officer concerning the inclusion in the Village Code of "Affinity House" as a permitted use. The Board recognizes that, over time, the greater the number of individual residents in an "Affinity House," the less likely that the "affinity" among the residents would be maintained. The Board has determined that, if the Planning Board were to grant a special use permit for an "Affinity House," in most cases, and particularly in any case that such use would involve in excess of very few individual residents in a single dwelling unit, it would be exceedingly difficult for the Village to enforce the requirements and restrictions of such a special use permit in order to assure that the residents continue to maintain the original "affinity" and that the premises continue to be used as an "Affinity House." As a result of such change occurring over time, the premises would de facto become a boardinghouse, which is not a permitted use in any zoning district under the Village Code. The Board noted that a boardinghouse is not a permitted use for several reasons. In particular, the Board noted that use as a fraternity, sorority, student cooperative or college residence hall, which uses are permitted uses in the Village's Multiple Housing Zone, are all structured, overseen, regulated or controlled by a supervisory institution such as Cornell University. No such structure, oversight, regulation or control would exist for a boardinghouse. Therefore, the Village Board has determined that the use of property in the Village as an "Affinity House" should be eliminated as a permitted use and that therefore references in the Village Code to "Affinity House" should be deleted. The purpose of this Local Law is to revise the text of Village Code Chapter 305, (a) at Article III, Subsection 305-5 to delete "Affinity House" from the definitions in said Code, and (b) at Article VI, Subsection 305-25(B)(4)(b) to delete "Affinity House" as a permitted principal use in the Multiple Housing Zone. SECTION II AUTHORITY 34 This Local Law is enacted pursuant to the grant of powers to local governments provided in Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provision of the New York State Constitution and not inconsistent with any general law relating to its property, affairs, government or other subjects provided for in said Section 10 of the Municipal home Rule Law. SECTION III AMENDMENT OF VILLAGE CODE CHAPTER 305, "ZONING," ARTICLE III, "TERMINOLOGY," SUBSECTION 305-05, "DEFINITIONS," DEFINITION OF "AFFINITY HOUSE" In Chapter 305 of the Village Code, "Zoning," Article III, Subsection 305-05, "Definitions," the definition of "Affinity House" is hereby deleted. SECTION IV AMENDMENT OF VILLAGE CODE CHAPTER 305, "ZONING," ARTICLE VI, "MULTIPLE HOUSING ZONE," SUBSECTION 305-25, "PERMITTED PRINCIPAL USES," SUBSECTION (B)(4)(b) In Chapter 305 of the Village Code, "Zoning," Article VI, "Multiple Housing Zone," Subsection 305-25, "Permitted Principal Uses," Subsection (B)(4)(b), "Affinity house" is hereby deleted. As a result, the former Subsection (B)(4)(c), "Adult home," shall hereinafter be referred to as Subsection (B)(4)(b). SECTION V SUPERSEDING EFFECT All Local Laws, Articles, resolutions, rules, regulations and other enactments of the Village of Cayuga Heights in conflict with the provisions of this Local Law are hereby superseded to the extent necessary to give this Local Law full force and effect. Without limiting the foregoing, to any extent that the terms of the Zoning Law of the Village of Cayuga Heights are deemed to be in conflict with the requirements of this Local Law, the terms of this Local Law shall govern and control. SECTION VI PARTIAL INVALIDITY. In the event that any portion of this Local Law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. SECTION VI I 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. 35 EXHIBIT 2023-119 DRAFT VILLAGE OF CAYUGA HEIGHTS PROPOSED LOCAL LAW A OF THE YEAR 2023 A LOCAL LAW TO AMEND THE VILLAGE OF CAYUGA HEIGHTS CODE CHAPTER 248, "STREET TREES AND SHRUBS," SECTION 11, "REMOVAL AND PRUNING OF TREES AND SHRUBS ON PRIVATE PROPERTY" Be it enacted by the Board of Trustees of the Village of Cayuga Heights (the "Village") as follows: SECTION I PURPOSE AND INTENT The Village's Board of Trustees has found that the existing requirements in the Village of Cayuga Code, Chapter 248, "Street Trees and Shrubs," Section 11, "Removal and pruning of trees and shrubs on private property," do not completely address the subject matter of such Section and warrant clarification. Therefore, the Village Board has determined that the terms of said Section should be modified. The purpose of this Local Law is to revise the text of Village Code Chapter 248, "Street Trees and Shrubs," Section 11, "Removal and pruning of trees and shrubs on private property" as stated below. SECTION II AUTHORITY This Local Law is enacted pursuant to the grant of powers to local governments provided in Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provision of the New York State Constitution and not inconsistent with any general law relating to its property, affairs, government or other subjects provided for in said Section 10 of the Municipal Home Rule Law. SECTION III AMENDMENT OF VILLAGE CODE CHAPTER 248, "STREET TREES AND SHRUBS," SECTION 11, "REMOVAL AND PRUNING OF TREES AND SHRUBS ON PRIVATE PROPERTY" Village Code Chapter 248, "Street Trees and Shrubs," Section 11, "Removal and pruning of trees and shrubs on private property," is hereby deleted in its entirety and replaced with the following text: § 248-11. Pruning and removal of trees and shrubs on private property. A. It shall be the duty of any person or utility owning real property bordering on any property owned by the Village, including, but not limited to, any public street or park, at their own expense, to prune or remove any trees located upon their property which are dead, harbor insects or disease, or which are so damaged as to be a public nuisance or in danger of falling, thereby potentially causing damage to person or property on any such adjacent property owned by the Village, including, but not limited to, any public right-of-way or park. 36 B. It shall be the duty of any person or utility owning real property bordering on any property owned by the Village, including, but not limited to, any public street, at their own expense, to ensure that trees and shrubs located upon their property are pruned in a manner that they do not obstruct or shade streetlights, obstruct the passage of pedestrians on sidewalks, obstruct the vision of traffic signs or obstruct the view of any street or sidewalk intersection. C. The Village Forester may deliver to the property owner written notification that a tree or shrub located upon their property should be pruned or removed for the reasons stated in Subsection A or B above. The property owner shall have fifteen (15) days after the date of service of the notice to confirm its receipt and to inform the Village Forester or Code Enforcement Officer as to when the tree or shrub shall be pruned or removed. After so informing the Village Forester or Code Enforcement Officer, the property owner shall prune or remove the tree or shrub within sixty (60) days unless the Village Forester or Code Enforcement Officer delivers to the property owner written notice that such work is required to occur sooner than such sixty (60) day period. If the property owner fails to comply with such provisions, the Village may prune or remove the tree or shrub and deliver to the property owner an invoice for the Village's cost of pruning or removal. D. Notwithstanding the terms of Subsection C above, in the case of any tree located on private property, (a) which tree was the subject of a notice delivered to the property owner in accordance with Subsection C above, that falls and obstructs any property owned by the Village, including, but not limited to, any public right-of-way or park, or (b) which tree poses an imminent threat to person or property on any property owned by the Village, including, but not limited to, any in the right-of-way or park, and, whether due to the tree’s size, its proximity to electrical utilities, or some other factor, must be removed on an emergency basis by a professional tree care management company, the Village may arrange for said removal and deliver to the property owner an invoice for the Village's cost of removal. E. If the property owner objects to payment of the invoice described in either Subsection C or D above, the property owner may appeal the requirement to pay such costs by written notice delivered to the Village Board of Trustees within thirty (30) days of the date of such invoice, and the Village Board will consider the such appeal at its next regularly scheduled Board meeting following receipt of such appeal. If the property owner does not deliver to the Village payment of the Village's cost of such pruning or removal within sixty (60) days of the Village's delivery of the invoice, and the Village Board has denied the property owner's appeal of such invoice, the cost stated on a such invoice shall be added to the next real estate tax bill for the subject property. 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. 37 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. 38 EXHIBIT 2023-120 39 40 41 42 43 EXHIBIT 2023-121 DRAFT MULTIJURISDICTIONAL PRETREATMENT AGREEMENT BETWEEN CITY OF ITHACA, TOWN OF ITHACA, TOWN OF DRYDEN AND VILLAGE OF CAYUGA HEIGHTS This Agreement is entered into this day of _____________, 2022, between the City of Ithaca, Tompkins County, New York, Town of Ithaca, Tompkins County, New York, Town of Dryden, Tompkins County, New York, and Village of Cayuga Heights, Tompkins County, New York (hereinafter jointly referred to as the "Parties"). RECITALS 1. The City of Ithaca, Town of Ithaca and Town of Dryden (hereinafter jointly referred to as the “IAWWTF Owners”) jointly own and operate the Ithaca Area Wastewater Treatment Facility (“IAWWTF”). 2. Pursuant to a separate agreement with the IAWWTF Owners, the Village of Cayuga Heights will utilize the IAWWTF to treat some of the wastewater originating in the “Old Village” area of the Village of Cayuga Heights. 3. Facilities located in or that may locate in the “Old Village” area of the Village of Cayuga Heights may contribute wastewater that includes industrial waste to the municipal sewer system, and at times that wastewater will flow to the IAWWTF. Facilities contributing industrial wastewater are hereinafter referred to as industrial users. 4. The IAWWTF Owners must implement and enforce a pretreatment program to control discharges from all IAWWTF industrial users pursuant to requirements set out in 40 CFR Part 403. In this Agreement, the Village of Cayuga Heights agrees to adopt a sewer use law that subjects the industrial users within its boundaries whose wastewater discharges are capable of flowing to the IAWWTF to the necessary pretreatment controls, and to implement and enforce that sewer use law. AGREEMENT 1.A. The Village of Cayuga Heights will adopt and diligently enforce a sewer use law applicable to IAWWTF users within its boundaries whose wastewater discharges are capable of flowing to the IAWWTF, with pretreatment provisions that are no less stringent than and are as broad in scope as the uniform pretreatment sewer use laws of the IAWWTF Owners (City of Ithaca Code Chapter 264; Town of Ithaca Code Chapter 216; Town of Dryden Code Chapters 222 and 257. The Village of Cayuga Heights will forward to the IAWWTF Owners for review a draft of the its proposed sewer use law applicable to IAWWTF users within sixty (60) days of the effective date of this Agreement. The Village of Cayuga Heights will adopt its revised sewer use law within sixty (60) days of receiving approval from the IAWWTF Owners of its content. B. Whenever the IAWWTF Owners revise their pretreatment sewer use laws, they will forward a copy of the revisions to the Village of Cayuga Heights. The Village of Cayuga Heights will adopt revisions to its sewer use law applicable to IAWWTF users that are at least as stringent as those adopted by the IAWWTF Owners. The Village of Cayuga Heights will forward to the IAWWTF Owners for review its proposed revisions within sixty (60) days of receipt of the IAWWTF Owners’ revisions. The Village of Cayuga Heights will adopt its revisions within sixty (60) days of receiving approval from the IAWWTF Owners of its content. 44 C. Within sixty (60) days of the effective date of this Agreement, the Village of Cayuga Heights will adopt and diligently enforce pollutant specific local limits applicable to IAWWTF users within its boundaries that address at least the same pollutant parameters and are at least as stringent as the local limits enacted by the IAWWTF Owners. If the IAWWTF Owners make any revisions or additions to the IAWWTF’s local limits, they will forward to the Village of Cayuga Heights a copy of such revisions or additions within sixty (60) days of enactment thereof. The Village of Cayuga Heights will adopt any such revisions or additions within sixty (60) days of receipt thereof. 2.A. The Village of Cayuga Heights will take all actions necessary to ensure that industrial users within its boundaries that discharge to the IAWWTF are subject to an approved pretreatment program to the extent required by 40 CFR 403.8, including the performance of all technical and administrative duties necessary to implement and enforce its sewer use law against IAWWTF industrial users located in its jurisdiction. The Village of Cayuga Heights will: (1) update the industrial waste survey; (2) issue permits to all industrial users of the IAWWTF required to obtain a permit; (3) conduct inspections, sampling, and analysis; (4) perform enforcement activities; and (5) perform any other technical or administrative duties the Parties deem appropriate. In addition, the Village of Cayuga Heights will take emergency action to stop or prevent any discharge which presents or may present an imminent danger to the health or welfare of humans, which reasonably appears to threaten the environment, or which threatens to cause interference, pass through, or sludge contamination. B. The Village of Cayuga Heights will maintain current information on IAWWTF industrial users located in its jurisdiction. The Village of Cayuga Heights will update the industrial waste survey by January 1 of each year for IAWWTF industrial users located in its jurisdiction. The Village of Cayuga Heights will forward a copy of this survey to the IAWWTF’s Chief Operator within five (5) days of its completion. C. Whenever a new IAWWTF industrial user proposes to begin operations in the Village of Cayuga Heights, or any time an existing IAWWTF industrial user proposes to increase its discharge by at least twenty percent (20%) or 5,000 gallons per day, whichever is greater, or proposes to change its discharge, or any time it is requested by the IAWWTF Owners, the Village of Cayuga Heights will require that such industrial user respond to an industrial user questionnaire supplied by the IAWWTF. Such response shall be due prior to any proposed implementation and (where applicable) permit issuance by the Village of Cayuga Heights’ Chief Operator, or, if the IAWWTF Owners request the questionnaire, within fifteen (15) days of the IAWWTF Owners’ request. The Village of Cayuga Heights will forward a copy of the completed questionnaire immediately upon receipt to the IAWWTF’s Chief Operator for review. D. The Village of Cayuga Heights will provide the IAWWTF Owners or their designees access to all records or documents relevant to the pretreatment program for any IAWWTF industrial user located in the Village of Cayuga Heights. E. The Village of Cayuga Heights will inspect and sample all IAWWTF industrial users located in its jurisdiction each year. The Village of Cayuga Heights will submit advance written notice of scheduled inspections to the IAWWTF’s Chief Operator sufficient to provide the opportunity for IAWWTF personnel to attend all inspections. If an inspection is in response to an emergency situation and such notice is not possible, the Village of Cayuga Heights will make every effort to informally notify the IAWWTF of the impending inspection so IAWWTF personnel may attend. The Village of Cayuga Heights will forward copies of all inspection reports to the IAWWTF’s Chief Operator within fourteen (14) days of the inspection. The Village of Cayuga Heights will submit to the IAWWTF its procedures for sampling and analyses, including all procedures in place for quality assurance and quality control. All procedures will conform to those set out in 40 CFR Part 136, except as otherwise required by the U.S. Environmental Protection Agency. F. The IAWWTF may, with notice to the Village of Cayuga Heights, conduct inspections and sampling at any IAWWTF industrial user's facility located within the Village of Cayuga Heights, as it deems necessary. 45 G. The Village of Cayuga Heights will issue permits to all IAWWTF industrial users required to be permitted under its sewer use law located in its jurisdiction. Permits must be issued prior to any discharge that is capable of flowing to the IAWWTF. Permits for IAWWTF industrial users must contain, at a minimum, appropriate effluent limitations, monitoring and reporting requirements, a statement of duration, a statement of no transferability, a statement of applicable civil and criminal penalties, and any other conditions requested to be included in the permit by the IAWWTF. After the Village of Cayuga Heights drafts a permit, it will forward a copy thereof to the IAWWTF’s Chief Operator for review and comment at least sixty (60) days prior to the expected date of issuance. Within forty-five (45) days of receipt of the proposed permit, the IAWWTF will either approve the permit or request the Village of Cayuga Heights to make additions, deletions, or changes. No permit will be issued if the IAWWTF objects. H. The Village of Cayuga Heights will submit a monthly report to the IAWWTF’s Chief Operator on the compliance status of each IAWWTF significant industrial user located within its jurisdiction and any enforcement response taken or anticipated. Such report will include the time frames for initial enforcement actions, as well as any subsequent enforcement actions. I. The Village of Cayuga Heights will enforce the provisions of its sewer use law and permits applicable to IAWWTF users. In the event the Village of Cayuga Heights fails to take adequate enforcement action against noncompliant IAWWTF users in the Village of Cayuga Heights on a timely basis, the IAWWTF Owners or their designees will take such action on behalf of and as agent for the Village of Cayuga Heights. 3. The IAWWTF Owners or their designees may take emergency action, whenever they deem necessary, to stop or prevent any discharge to the IAWWTF which presents, or may present, an imminent danger to the health or welfare of humans, which reasonably appears to threaten the environment, or which threatens to cause interference, pass through, or sludge contamination. The IAWWTF Owners will provide informal notice to the industrial user and the Village of Cayuga Heights of their intent to take emergency action prior to taking action. The opportunity to respond, however, may be limited to a hearing after the emergency powers of the IAWWTF Owners have been exercised. 4. The Village of Cayuga Heights shall not allow an industrial user located outside the jurisdictional boundaries of the Village of Cayuga Heights to discharge into the IAWWTF via the Village of Cayuga Heights’ sewer system. The foregoing shall not apply to any users located in the Town of Ithaca or Town of Dryden that discharge into the IAWWTF via the Village of Cayuga Heights sewer system, because these Towns are co-owners and operators of the IAWWTF and already have sewer use laws in place that regulate IAWWTF users within their jurisdictions. 5. The Village of Cayuga Heights will indemnify the IAWWTF Owners for all damages, fines, and costs either incurred as a result of industrial waste discharged to the IAWWTF from users located within the Village of Cayuga Heights or from the failure of the Village of Cayuga Heights to comply with this Agreement. 6.A. If any term of this Agreement is held to be invalid in any judicial action, the remaining terms of this Agreement will be unaffected. B. The Parties will review and revise this Agreement to ensure compliance with the Federal Clean Water Act (42 U.S.C. §1251 et seq.) and the rules and regulations (see 40 CFR Part 403) issued thereunder, as necessary, but in any event such review and necessary revisions shall occur at least every three (3) years on a date to be determined by the Parties. C. The IAWWTF Owners may terminate this Agreement by providing one (1) year’s written notice to the Village of Cayuga Heights. All benefits and obligations under this Agreement will cease one (1) year from receipt of such notice. If notice of termination is given pursuant to this paragraph, the 46 Parties will substitute a new agreement to replace this Agreement, unless one or more of the agreements listed in Paragraph 7 below permitting the Village of Cayuga Heights to send wastewater to the IAWWTF are also terminated. 7. This Agreement shall become effective on the date it is fully executed. Unless terminated sooner as provided in this paragraph or in Paragraph 6.C above, the term of this Agreement shall end on December 31, 2025. The Parties may agree in writing to renew this Agreement for additional terms. A Party that does not intend to renew shall so notify the other Parties at least one (1) year before the end of the then-current term. Notwithstanding the foregoing, this Agreement shall automatically terminate if one or both of the following agreements terminate and are not substituted by new agreement(s): the Intermunicipal Wastewater Agreement dated December 31, 2003, or the 2022 plant to plant agreement between the Village of Cayuga Heights and the IAWWTF Owners. 8. This Agreement constitutes the entire Agreement of the Parties. It may be amended only by the written consent of each of the Parties, with each Party executing and acknowledging the document containing the amendment through its duly authorized representative. 9. This Agreement shall be governed by the laws of the State of New York. 10. Each Party represents and warrants that (a) this Agreement has been presented to its governing body; (b) its governing body has approved this Agreement by a majority vote of the full possible voting strength of that governing body; and (c) if required, all steps by way of public hearings and/or referendum or otherwise have been taken by the time of execution of this Agreement. Resolutions of each governing body approving this Agreement are attached to this Agreement as Exhibit A. 11. No Party may assign or transfer its rights and interests in this Agreement to another entity without the prior written consent of all of the other Parties. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized officers and sealed with their corporate seals on the day(s) and year set forth below. 47 VILLAGE OF CAYUGA HEIGHTS Dated: _______________________ By: _____________________________ Linda Woodard, Mayor Village of Cayuga Heights STATE OF NEW YORK) COUNTY OF TOMPKINS) ss.: On the ___ day of _____________ in the year 2022 before me, the undersigned, a Notary Public in and for said State, personally appeared Linda Woodard, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ___________________________________ Notary Public 48 EXHIBIT 2023-122 DRAFT VILLAGE OF CAYUGA HEIGHTS PROPOSED LOCAL LAW C OF THE YEAR 2023 a Property Tax Exemption for Volunteer Firefighters and Ambulance Workers Pursuant to Section 466-a of the Real Property Tax Law Section 1. A new Article of Chapter of the Code of the Village of Cayuga Heights, entitled “Volunteer Firefighters and Ambulance Workers Exemption,” is hereby enacted pursuant to Real Property Tax Law Section 466-a, to read as follows: Volunteer Firefighters and Ambulance Workers Exemption Grant of exemption. An exemption of 10% (ten) of assessed value of property owned by an enrolled member as set forth below, or such enrolled member and their spouse, is hereby granted from taxation with respect to the real property taxes of the [name of the municipality] as long as eligibility requirements are met. Eligibility requirements. Such exemption shall be granted to an enrolled member of an incorporated volunteer fire company, fire department, or incorporated voluntary ambulance service provided that: A. The property is owned by the volunteer firefighter or volunteer ambulance worker; B. The property is the primary residence of the volunteer firefighter or volunteer ambulance worker; C. The property is used exclusively for residential purposes; D. The volunteer firefighter or volunteer ambulance worker resides in the [name of your municipality] and the [name of your municipality] is served by such incorporated volunteer fire company or fire department or incorporated voluntary ambulance service; E. The volunteer firefighter or volunteer ambulance worker is certified by the authority having jurisdiction as an enrolled member of such an incorporated volunteer fire company, fire department, or incorporated voluntary ambulance service; and F. The volunteer firefighter or volunteer ambulance worker meets the minimum service requirement established by [name of your municipality], which is hereby established as [state a number between two and five] years. 49 Application. A volunteer firefighter or volunteer ambulance worker must annually, on or before the applicable taxable status date, file an application for such property tax exemption with the assessor responsible for preparing the assessment roll for the [name of your municipality], on a form as prescribed by the New York State Commissioner of Taxation and Finance. The [name of your municipality] must maintain written guidelines, available upon request, as to the requirements of an enrolled volunteer member relating to this exemption. Certification. The [governing body] must annually file with the assessor, prior to the applicable taxable status date, a list of the active volunteer members who are certified to meet the minimum service requirement. Such list must provide, as of the applicable taxable status date, the number of years of service served by each such enrolled member and such enrolled member's address of residence. No diminution of benefits. An applicant who is receiving any benefit pursuant to Article 4 of the Real Property Tax Law as of the effective date of this article shall not have any of those benefits diminished because of this article. [The following three provisions, relating to a lifetime exemption, an exemption for an un- remarried spouse of a volunteer killed in the line of duty, and an exemption for an un- remarried spouse of a deceased volunteer, are OPTIONAL provisions for the governing body to consider when enacting this local law.] Grant of lifetime exemption. Any eligible enrolled member who accrues more than 20 years of active volunteer service (as certified by the authority having jurisdiction) shall be granted the 10% exemption as authorized by this article for the remainder of his or her life as long as his or her primary residence is located within the [name of your municipality]. Un-remarried spouse of enrolled member killed in the line of duty. The un-remarried surviving spouse of a deceased enrolled member killed in the line of duty, as certified by the authority having jurisdiction, is qualified to continue to receive an exemption, as long as the deceased volunteer had been an enrolled member for at least five years and had been receiving the exemption at the time of his or her death. Un-remarried spouse of deceased enrolled member. The un-remarried surviving spouse of a deceased enrolled member, as certified by the authority having jurisdiction, is qualified to continue to receive an exemption, as long as the deceased volunteer had been an enrolled member for at least 20 years and the deceased volunteer and un-remarried spouse had been receiving the exemption at the time of his or her death. 50 Section 2. If any clause, sentence, paragraph, section or part of this Local Law is declared by a Court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to said clause, sentence, paragraph, section or part of this Local Law. Section 3. This Local Law shall take effect immediately upon filing in the office of the Secretary of State in accordance with Municipal Home Rule Law Section 27. ** This local law may also be used by a municipality that had previously enacted such an exemption pursuant to a special act of the State Legislature to replace their existing local law, as required by Section 466-a(8) of the Real Property Tax Law. However, to do that you must include a section making it clear that you are repealing the old law and replacing it with this one. 51 EXHIBIT 2023-123 Walking Safe Cayuga Heights Sidewalk Project 52 EXHIBIT 2023-124 53 54 55 EXHIBIT 2023-125 Village of Cayuga Heights - Annual Performance Review Procedures Performance Review Objectives To conduct a thoughtful evaluation of the employee with respect to his or her performance on the job and his or her fulfillment of the job description. To recognize the employee’s accomplishments and to address any shortcomings or issues. To establish goals that foster the individual’s personal development and strengthen the productivity and efficiency of the department. To assess how the job and work environment can be improved upon. Late January (3rd or 4th week) Disseminate job descriptions and letter with guidance of self-evaluation and performance evaluation processes to Department Heads (DPW, Police Department, Fire Department), DPW Director, and Village office staff (Treasurer, Clerk). Disseminate job description and performance self-evaluation form to Deputy Clerk(s). Disseminate job descriptions and employee performance evaluation forms to Mayor and Trustee Committee Chairs. Trustee Committee Chairs, along with the Mayor, will review (in written narrative) the Department Heads and office staff (Treasurer, Clerk) that report to the same committee on which the Committee Chair oversees. Disseminate job description and standard employee performance evaluation form to Clerk and Mayor for review of Deputy Clerk(s). DPW Director will receive his/her job description and same letter as DPW Superintendent with guidance of self-evaluation and performance evaluation processes. DPW Director will be reviewed by DPW Superintendent and Mayor. Early February (end of 1st week) Self-evaluation narratives and self-evaluation review forms written by Department Heads, DPW Director and office staff due to Mayor, Committee Chairs, DPW Superintendent and Clerk. Weeks 2-4 of February Conduct informal conversations between Trustees, between Trustees and VCH employees where appropriate/comfortable, as well as in-person reviews, in weeks 2-4 of February. All reviews (which includes written evaluations presented to employee) should be completed by end of February. Informal conversations (Trustee to Trustee): Trustee Committee Chairs should have informal conversations prior to in-person review with other Trustees who may work with a Department Head in some capacity (such as on grant writing or a special project), but who may not sit on a committee with the Department Head. Purpose is to get an additional perspective of the Department Head’s performance (communication skills, leadership, approachability, etc.). Informal conversations (Trustee to VCH employee): Where appropriate, it may be advisable to have informal conversations prior to in-person review with employees in departments in which the Department Heads supervise. Purpose is to get input 56 on Department Heads’ supervisory strengths and weaknesses, as well as a better sense of their day-to- day activities/ responsibilities. It also provides an opportunity for staff to provide feedback on the supervision they receive. In-person reviews with Mayor and Trustee Committee Chair: The Mayor and Committee Chair of the relevant committee to which that employee reports should be present in the in-person reviews for DPW Superintendent, Police Chief, Fire Chief, Treasurer and Clerk. All relevant committee members should meet ahead of time to share input. In-person reviews with Supervisor and Mayor: DPW Director will be reviewed by DPW Superintendent and Mayor. Deputy Clerk(s) will be reviewed by Clerk and Mayor. Trustees who interact with DPW Director and Deputy Clerks in some capacity should share any feedback he/she may have with Mayor. Written evaluation: Written reviews can be presented to employee at time of in-person review for reviews since Mayor is present. At the end of the in-person review, document will be signed and dated by employee, Mayor, and the Committee Chair who conducted the review. Staff can submit a written response to the review if desired. 57 EXHIBIT 2023-126 Village of Cayuga Heights Police Department ___________________________________________________ Jerry L. Wright Chief of Police 1/9/23 To: The Honorable Mayor Woodard Members of the Board of Trustees Village of Cayuga Heights Re: Report of the Police Department for December 2022 In the month of December, the police department received 372 calls for service. In addition to these calls, 48 uniform traffic tickets were issued, and 2 parking violations were cited. A breakdown of the calls for service is as follows: There were no Felony complaints handled. 4 Misdemeanor Penal Law Offenses for Larceny were reported. 1 of the complaints came in as a resident having paid for services and never receiving the service. This case has since become part of a bigger investigation and has been turned over to the Tompkins County Sheriff’s Office for follow up. A second complaint was made after a resident was not able to locate a guitar that had been in their garage for a period of time. There are no suspects or leads in this case. Another incident of theft was reported by a resident stating that an unknown subject had left a note in their mailbox claiming to be returning items to the resident that were originally stolen from the mailbox. The resident did not wish to continue with an investigation or to pursue charges. The final complaint of Theft was made by a resident reporting that unauthorized charges had been made on their credit card. There is a suspect in this case and the investigation is on-going. The investigation of 13 Traffic Stops led to 15 Vehicle and Traffic Misdemeanor charges. 12 for Suspended Registration and 3 for Aggravated Unlicensed Operation of a Motor Vehicle. These 15 charges accounted for the 13 arrests made for the month. 1 Penal Law Violation of Harassment was investigated which was determined to be a Landlord Tenant Civil Dispute. No harassment was taking place. 3 Local Law complaints were received including 1 for a Barking Dog, 1 for Noise and 1 for Soliciting. The Barking Dog complaint was made by a resident who stated that their neighbor’s dog had been out in the cold for a long period of time and was barking. Upon Officer’s arrival no barking was observed. The Officer made contact with the owner and advised them of the Village’s Local Law. No further complaints were received. The Noise complaint was that of a loud party within an apartment building. Upon Officer’s arrival a loud gathering was observed. The resident stated they were having a holiday gathering and asked for some leniency. The Officer advised that a citation would be issued upon any further complaints received. Officers responded to a complaint of an individual going door to door in the Village. The on-duty officer was able to make contact with the individual, who was passing out information about Solar Energy. 58 Officers advised that they needed to register with the Village Police Department before continuing. The subject left the area and did not respond to the PD to register. 2 Motor Vehicle accidents were reported. 1 on North Triphammer Road near Sheraton Drive and the other on Triphammer Road at the intersection with East Upland Road. None were reported as involving deer. 1 call for service for an injured deer was received. The on-duty officer did observe two deer in a resident’s yard, however when he approached the area both deer got up and ran out of the yard. 7 calls for service were completed under the Tompkins County Mutual Aid Agreement involving CHPD officers assisting other agencies and 1 call involving agencies assisting CHPD. Over the course of the month, Officers took part in the following trainings and/or events: On the 15th Officers completed the Conflict at the Fence Webinar. The full-time officers worked a total of 10 hours of overtime and the part-time officers worked a total of 192 hours. Sincerely, Chief Jerry Wright 836 Hanshaw Road Ithaca, New York 1 4850 Phone: (607) 257-1011 Email: jwright@cayuga-heights.ny.us Fax: (607) 257-3474 59 EXHIBIT 2023-127 Village of Cayuga Heights Mike Wiese – B.O.T Report January 18th, 2023 Code Enforcement – No trainings were attended Water – The DPW was repairing a T-Main valve for Bolton Point on Pleasant Grove Road when we had a surprise inspection from PESH. The inspector shows up and evaluated the jobsite. He found three infractions and will issue a report in 5-6 weeks on his findings. The first issue was having a ladder in the excavation hole for the employee to climb out of the excavation. We had a ladder readily available and placed it in the hole. The second issue was to refresh ourselves on Competent person training which is required for excavation work. The last issue was not having a trench box in the hole which was abated immediately. Sewer – A manhole was found to be displaced from its structure at Westview Terrace apartments. This was likely caused by a residential snow plow. The manhole top was reset and a cone has been placed on top of the manhole to ensure this situation does not repeat itself. 60 EXHIBIT 2023-128 Clerks Report: ●The Village Board of Trustees needs to designate the Village Election Polling Location. Resolution: BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves assigning the First Congregational Church located at 309 Highland Rd. Ithaca, N/Y. 14850 as the official Polling Site for the March 21, 2023 Village Elections. ●The Staples Credit Line is reconciled and closed. Citibank will be completed next month. Deputy Clerk Perkins is to thank for this. ●The Village Workers Compensation Annual Audit Documentation has been submitted. ●Annual PCI Compliance audit has been completed. ●EMC Honored former Chair and Village resident B. Eden at this month’s EMC Committee Meeting. Resolution in Appreciation of Brian Eden for his years of service to the EMC and Tompkins County. WHEREAS, Brian Eden served on and led numerous boards for Tompkins County including: ● the EMC from 2010-2019 and as Council Chair from 2017-2019. ● the Hillview Road Landfill Citizens Advisory Committee (closed County landfill) Member and Chair since 2002; ● the Tompkins County Energy Road Map Steering Committee from 2014-2016; ● the Tompkins County Energy Task Force from 2017-2019; ● the Tompkins County Climate and Sustainable Energy Advisory Board (CaSE) from 2020- present, and WHEREAS, as chair and member of the EMC’s Environmental Review Committee, Brian played a pivotal role in making Tompkins County a sustainability and renewable energy leader. During Brian’s tenure as chair, the EMC passed resolutions supporting revisions of the County's Unique Natural Areas, supporting a ban on single-use plastic bags, and recommending that the Legislature urge the NYSDEC to require Cargill to prepare an Environmental Impact Statement for their proposed mine shaft, and WHEREAS, as a member of the Hillview Road Landfill Citizens Advisory Committee, Brian played a critical advisory role to the Tompkins County Legislature in the oversight and closure of this former landfill. His efforts included advocating and negotiating for monitoring, on-site 61 inspection, maintenance, monitoring, and treatment of the leachate collection system and landfill caps, and WHEREAS, as a member of the Tompkins County Energy Road Map Steering Committee, Brian helped to shape the guiding vision for the Tompkins County Energy Roadmap, which evaluates local energy resources and develops scenarios to meet the county’s 80% greenhouse gas emission reduction goal and projected energy needs through 2050, and WHEREAS, during his tenure, the Tompkins County Energy Task Force provided input and guidance to the County Department of Planning and Sustainability and to the Legislature on the topics of energy, climate change, and energy-related economic development. This board transitioned to become the Tompkins County Climate and Sustainable Energy Advisory Board, and WHEREAS, Brian continues to share his valuable time, energy, expertise on the CaSE Board, and provides the Tompkins County Legislature expertly curated information on legislative and regulatory initiatives, and successful community programs relating to energy and climate change, as well as emerging energy efficiency, renewables, and climate adaptation technologies, now, therefore, be it RESOLVED, That the Tompkins County Environment Management Council hereby thanks Brian Eden for his dedication, expertise, leadership, and an unheard-of number of selfless hours dedicated to sustainability and renewable energy programs in Tompkins County and tremendous contributions to protecting and preserving New York’s environment. Brian works endlessly for a better environmental future. His grandchildren and all future generations will benefit from Brian’s service. We are honored to have known and worked with him.