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HomeMy WebLinkAbout02.15.2023_Minutes1 VILLAGE OF CAYUGA HEIGHTS FEBRUARY MEETING MINUTES Present: Mayor Woodard; Trustees: Biloski, Hubbard, Marshall, Rennekamp, Robinson, and Salton; Village Engineer B. Cross; Director of Public Works Wiese; Police Chief Wright; Clerk Walker; Treasurer Dolch; Attorney Marcus; Planning Board Chair Cowett, Planning Board Member M. McMurry. 1. Call to Order: Mayor Woodard calls the meeting to order at 7:00 p.m. 2. Approval of Meeting Minutes: January 18, 2023 (Exhibit 2023-129) Resolution: 9346 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves January 18, 2023, Board Meeting Minutes as presented. Motion: Trustee Biloski Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 3. Report of Fire Superintendent Tamborelle: Submitted Report (Exhibit 2023-130) •Fire Superintendent Tamborelle states that the fire station is running smoothly. •Fire Superintendent Tamborelle states that the annual fire department banquet will be held on April 22, 2023, at Lakewatch Inn. •Fire Superintendent Tamborelle states that he would like Board approval to host a fire station movie night on May 13, 2023, for the Cayuga Heights Elementary School (CHES) Fifth Grade class. All proceeds would go to the class trip at the end of the school year. •Trustee Robinson states that the Cayuga Heights Elementary School (CHES) has still not removed the storage containers on the property, and he is going to abstain from voting on this resolution as a protest since the school has ignored our request to remove the containers. we should include an option for pricing ice and water shield over 100 % of the surface area. He has seen this method used in many non-residential buildings. •Fire Superintendent Tamborelle states that this is just to support the fifth-grade field trip. 2 •Trustee Rennekamp states that she is a parent of a fifth-grade student at Cayuga Heights Elementary School (CHES) and she will be voting yes for this event. She further states that in the past the CHES PTA has provided more of the funding for this trip but has now cut back substantially. Fire Superintendent Tamborelle states that the students have nothing to do with the storage containers. Resolution: 9347 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves the CHFD hosting a CHES fifth grade fundraiser movie night on May 13, 2023, and waives the special event permit fee. Motion: Trustee Biloski Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, and Rennekamp Nays: Trustees Robinson, and Salton Abstentions: none Motion Carried 4. Privilege of the Floor: No Members of the Public Wished to Speak. 5. Report of Treasurer Dolch: Submitted Report (Exhibit 2023-131) •Village Treasurer Dolch states that the January bank-to-book reconciliation is complete. •Village Treasurer Dolch states that in January the Village paid the Town of Ithaca $122,402.91 for Sewer Services in 2020. We had not budgeted for this expense in the 2022-2023 fiscal year. Additionally, we will owe another $83,602.05 to the Town of Ithaca as part of the final plant-to-plant agreement. Therefore, we will need a resolution to move those funds from the sewer account savings to sewer contingency. Resolution: 9348 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Village Treasurer Dolch to move $206,004.96 (122402.91 + 83,602.05) from NYCLASS Savings to Sewer Contingency (G1990.400 ) to fund WWTP – Purchase Sewer Services (G8130.480) Motion: Trustee Robinson Second: Trustee Salton 3 Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried Approval of Abstract 9: Resolution: 9349 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Abstract #9 for FYE2023 consisting of TA vouchers 67-74 in the amount of 14,764.92 and Consolidated Fund vouchers 617- 690 in the amount of $289,297.45 and the Treasurer is instructed to make payments thereon. Motion: Trustee Rennekamp Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 6. Report of Mayor Woodard: a. Public Hearing on Proposed Local Law C of 2023- Property Tax Exemption for Volunteer Fire Fighters and Ambulance Workers. Governor Hochul signed legislation that permits any local government to provide a real property tax exemption to volunteer firefighters and volunteer ambulance workers who have served a minimum of two years (see Chapter 670 of the Laws of 2022). The law took effect immediately and can be implemented now by governing bodies. •Mayor Woodard opens the Public Hearing at 7:15 p.m. •Mayor Woodard closes the Public Hearing at 7:15 p.m. Resolution: 9350 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees adopts Proposed Local Law C of 2023 as Local Law #3 of 2023. a Property Tax Exemption for Volunteer Firefighters and Ambulance Workers Pursuant to Section 466-a of the Real Property Tax Law 4 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 Village of Cayuga Heights and Town of Ithaca 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 Village of Cayuga Heights and the Town of Ithaca 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 Vi, which is hereby established as two years. 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 Village of Cayuga Heights, on a form as prescribed by the New York State Commissioner of Taxation and Finance. The Village of Cayuga Heights must maintain written guidelines, available upon request, as to the requirements of an enrolled volunteer member relating to this exemption. 5 Certification. The Village Treasurer 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. 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 Village of Cayuga Heights. 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. Motion: Trustee Marshall Second: Trustee Biloski Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried b. CSI Community Science Institute: CSI has been providing testing services for the Village Wastewater Treatment Plant. CSI is also looking for funding from the Village outside of the fee for services. 6 •Mayor Woodard states that the following municipalities are contributing to CSI; Tompkins County $34,000, Cayuga County$ 20,012, Town of Ithaca $21,957, Town of Dryden $10,976, City of Ithaca $10,372, Town of Lansing $7,000, Town of Ulysses $6,312, Town of Newfield $6,278, Town of Danby $4,206, Town of Caroline $3,299, Town of Enfield $2,500 and the Town of Hector in the amount of $1,000. •Mayor Woodard states that we have not contributed to them in the past. •Trustee Hubbell asks if there is a certain formula on how much to contribute. •Village Attorney R. Marcus states that none of the Villages in Tompkins County are listed as contributing to CSI. •Mayor Woodard states that we do pay taxes to the Town of Ithaca and therefore just keep paying CSI for services. •Trustee Marshall states that he recalls that these numbers are annual donations and CSI does not recall ever getting anything from the Village of Cayuga Heights. •Mayor Woodard states that she wanted to bring this to the Boards attention and will further discuss this at the Village Budget Workshop on March 25, 2023. c. Clean Energy Communities Program Selection: The Board will need to commit to spending the $5,000 grant award on a particular project. Exhibit 2023-135 list all the possible projects. •Trustee Robinson states that since the Village WWTP was not awarded a grant to convert all lighting at the WWTP to LEDs. could we use this money for that project? •Village Climate Smart Taskforce Chair A. Wagenenknecht-Wiesner states that we could use this money for a lighting conversion at the WWTP and or split the money up. •Clerk Walker states that the commitment letter is pretty straightforward so modifications can be made to reflect one or more than one projects. Resolution: 9351 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves using the $5,000 Climate Smart Communities Grant Funds for upgrading municipal building lights to LEDs and also to install lighting sensors with smart technology thermostats. Motion: Trustee Hubbell Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none 7 Motion Carried d. Plant to Plant Contract: After two years of negotiations the Intermunicipal Wastewater Transportation and Treatment Agreement has been completed and is ready for us to sign. •Mayor Woodard states that all parties involved will be paying an annual fee of $10,550 as payment if we run into a situation we need to open the Kline Road by-pass. We will also pay three times the Ithaca rate for all sewage they treat from the Kline Road by-pass. •Mayor Woodard states that there will also be a fee for “carrying costs”. The equation used will be the highest total gallons directed down the by-pass in a 24-hour period divided by 13.1 million gallons, which is the DEC permit gallons per day monthly average for the Ithaca plant. •Mayor Woodard states that going forward, Lectre will identify any missing data in the record. Invoices will be prepared quarterly and for gaps longer than 3 hours, the average flow during this period will be used. •Mayor Woodard states that in 2025 the contract will have to be re-negotiated based on the fact that the bond financing that was secured in 2003 will expire in 2025. •Village Attorney R. Marcus states that a normal contract term would not extend past five years. •Trustee Marshall asks how many months of history will be looked at when re-negotiations take place. •Mayor Woodard states that we will receive data every three months and we will have up to two years’ worth before negotiations begin. Resolution: 9352 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the Plant-to-Plant Agreement as presented and authorizes Mayor Woodard to sign the agreement and distribute the signed contract to all parties involved. Motion: Trustee Robinson Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 7. Report of Superintendent of Public Works Cross: 8 •B. Cross states that one point that should be made on the Plant-to-Plant Agreement is that we now begin a sixty- day window to prepare a revision to our local sewer ordinance. •B. Cross states that this will incorporate the Ithaca area Industrial Pre-Treatment standards into our enforcement of any potential sewage from the "Old Village" to the IAWWTF. •Mayor Woodard states that we will need to schedule a Public Hearing at the March Board meeting for this proposed local law. •Village Attorney R. Marcus states that we would not pass a local law until after IAWWTF has had time to review this proposed local law. •B. Cross states that GHD Engineering Firm will be drafting the language for this proposed local law. 8. Report of the Trustees: a. Village Comprehensive Plan: •Trustee Salton states that as a requirement the Village is obligated to review the Village Comprehensive Plan every ten years. That date is next year and in order to prepare for that discussion and any changes a Village Taskforce or Committee should be organized. •Trustee Salton states that the housing changes coming from NYS will directly affect our Village. •Trustee Salton states that he would like to participate along with, Planning Board Chair F. Cowett, Planning Board Member M. McMurry, Village Historian B. Szekely, and members of the public. •Trustee Robinson states that if there is going to be a monetary obligation then we should start talking about this. •Planning Board Chair F. Cowett states that George Frantz was a consultant, and it would be a good idea to seek a different fresh point of view. •Trustee Marshall states that an important part of the comprehensive plan is to develop long-term goals and objectives then we should consider age. •Village Attorney R. Marcus states that revising and reviewing the current comprehensive plan should amount to a fraction of the time compared to its creation. •Village Attorney R. Marcus states that the comprehensive plans act as a road map for any future zoning changes. In other words, any zoning changes the Village makes during the lifetime of the comprehensive plans have to conform to the comprehensive plan. 9 b. Cayuga Lake Watershed Intermunicipal Organization: •Trustee Hubbell states that the February meeting has been canceled due to COVID. c. Sunset Park Update: •Trustee Marshall states that at the March 15, 2023 Board meeting there will be a formal grant application seeking Board approval for sunset park. •Trustee Marshall also states that April 1, 2023, will be the beginning of the notifications for the public meeting to be held on May 7, 2023. d. Reserve Accounts: •Trustee Robinson states that at this month's Village Finance Committee Meeting, it was discussed moving forward with creating reserve accounts and there will be more information at the budget workshop. Walking Safe Cayuga Heights Sidewalk Design Plan Discussion 8:00 p.m. •Mayor Woodard welcomes members of the community present in person and online via Zoom. •Mayor Woodard states that the design plan is 90% completed. Bidding documents have not been produced yet and moving this project to the North side of the road is not an affordable option. Tonight, the Board will be considering a resolution that will allow Fisher and Associates to proceed to produce the bidding documents and incorporate any refinements. •Mayor Woodard introduces former Trustee and current Planning Board Member Meloney McMurry who was instrumental in this project. •Former Trustee and current Planning Board Member M. McMurry distributes a printout of the existing conditions and reads the following: My name is Meloney McMurry. I have been involved in the Walking Safe sidewalk project since roughly 2016 when Mayor Supron created the Bike-Ped committee with the specific goal of making the Village safer and more accessible to bicyclists and pedestrians. Our priority was to fill the gaps in our sidewalk network, with a specific focus on the routes children use to walk to school—a goal identified in our Comprehensive Plan, which was adopted in 2014. When we decided to apply for our first federal grant, we chose a smaller project that would have a high impact as Kline and Wyckoff Roads are commonly used as the most direct route for kids walking to the middle and high schools, as well as to our local Community Nursery School. 10 Our application under the Transportation Alternatives Program was supported by 14 representatives of adjacent municipalities, schools, PTAs, and universities. 125 members of the public signed a petition indicating their support for the sidewalk. In addition to creating a safe route to school for our kids, the goal of this project is to build a sidewalk that will allow everyone to walk and bicycle more safely, reduce conflicts between cars and pedestrians, reduce traffic congestion and harmful auto emissions as more kids are able to walk to school rather than being driven by their parents. Studies have shown that sidewalks increase overall physical activity in a community, and create feelings of connection and social support. A lot of time has passed since the Board of Trustees unanimously approved this project in 2018. Since then, we have encountered a pandemic, historic levels of inflation, and unanticipated bureaucratic delays—which has been frustrating--but has not changed the reason why we decided to build this sidewalk to start with. •Emily Smith of Fisher and Associates introduces herself and states the goal of this project is to provide a safe route to school and funding comes from the NYS Transportation Alternatives Program. •E. Smith states that this type of funding source does not allow for improvements to roads, road calming measures, and reconstruction of intersections. Because of that, funding did not include or require a traffic study to be completed. •E. Smith states that it is inherently understood that a sidewalk is safer than walking on the road or shoulder of the road, so the number of vehicles, speed, and type of vehicles are not relevant to the solution for this project. •E. Smith states that the design approval was granted for this project and the end of December 2022 and that is when we cleared all of the alternatives analysis and performed SEQR Review. Now we are at the point where 90% plans have been developed. •E. Smith states that all plans are assembled to NYSDOT standards which will provide for the most competitive bid pricing since most contractors who do federal work are familiar with the process. •Mayor Woodard states that online is Peter Wlodarczyk from Fisher and Associates and he will be handling any technical questions related to this project. •Mayor Woodard states that several emails were received and will be entered into the meeting minutes: To neighbors: Although the Village had anticipated receipt of the final drawings and a revised cost estimate from the consultant in time for consideration at the Board of Trustees meeting tonight, the 11 documentation has not yet been delivered and therefore no discussion of this project will happen at tonight’s Trustee meeting as had previously been advertised. In the meantime, there is a copy of the final draft of the “Engineer’s Report” that has been posted on the Village website under “Project” pull down menu and then the tab for “Walking Safe Cayuga Heights”. The Final Engineers Report was approved by NYSDOT and has now authorized Fisher Associates to draw the final plans and cost estimate. Once we have the final plans in hand, I will reach out to the neighbors to share the information in advance of the project being added to the next Board of Trustees meeting at which they will have an open discussion of the project in a public meeting that you are welcome to attend. The goal of discussing the updated plans/cost at a Trustee meeting is to make a final decision to have the plans put out for bidding. If all of that comes together in a timely manner, the possibility would be to have the construction begin in the summer of 2023 with completion by the end of 2023. The intention of sharing the plans with you is to make sure that there are no details that need to be revised such as pole locations, curb-cuts for driveways, drainage inlet/outlet, etc. I know that I do not have every neighbor’s email, so feel free to share this with them or let me know their address so that I can add them to the list. For anyone that I do not have an email, I will reach out to them by phone or US mail. Sincerely, Brent Dear Village Clerk Walker, I support sidewalks in Cayuga Heights for the safety of our residents especially our children. I support the Kline Road sidewalk and hope you can put in sidewalks on that part of Cayuga Heights Road near Route 13 and near the Cornell President’s house. Best wishes, Deirdre Deirdre L. Hay (S.J.D.), Esq. (she/her/hers) Jeff, I support the Kline/Wyckoff Road Sidewalk project. Please proceed in a way that maximizes consideration for the impacted property owners. Thanks, Derek Burrows 402 Cayuga Heights Road 12 Jeff Walker, I am writing to you in support of the sidewalk on Kline and Wykoff Roads. We have lived at 212 Overlook Rd for almost 13 years and have four children ranging in age from 20 to 12. We have both accompanied and have sent our kids walking alone or with friends to Cayuga Heights Elementary School, Boynton and IHS daily for these 13 school years. We are not eligible to get a bus to any of these schools and we are happy to start and end the day with a walk. Both Kline and Wykoff (and all neighboring roads) are narrow, steep, winding, and unsafe for pedestrians. We have tried many combinations of Kline Rd, Wykoff Rd, Devon Rd, paths through Cornell lands, cutting through neighbors yards, as well as the road through the cemetery. All of these routes require at least some time on roads without sidewalks, a lack of shoulders and plenty of blind corners where cars cannot see pedestrians. We have been waiting a long, long time for this sidewalk to be completed. Our third child is about to graduate from IHS but we would love for our youngest to have a safe route to and from school for his remaining five years in the ICSD. We are an enthusiastic vote of YES on this project. Thank you, Becca and Alex Hagen 212 Overlook Rd Dear Brent, Thanks for this message. Our property—404 Highland Road—abuts the North side of Kline road and the East side of Overlook. We are curious why building the sidewalk on the North side of Kline was evidently ruled out as an option for the Walk Safe project. It seems that it could be safer for pedestrians to walk on the North side of Kline, which is a bit elevated, rather than the South side between Highland and Overlook and then cross over Kline to the North side for the stretch between Overlook and Cayuga Heights Road. We have no objection to building the sidewalk on the North side of Kline between Highland and Overlook, and in our opinion, it would be safer for walkers to cross over at Overlook rather than to cross Kline at a point where drivers are accelerating up Kline or are moving faster toward the bottom of that hill. Also, it seems that a traffic study should be conducted before considering any of the options. Kline Road traffic has increased significantly over the past 17 years, and the increase in heavy, wide-body truck traffic is a potential hazard for walkers. At the very least, we believe that speed bumps should be considered in order to enhance sidewalk safety. Thank you, Lisken and Jim Cordes 13 Dear Cayuga Heights Board of Trustees, I'm writing on behalf of my family in strong support of the Safe Route to School project. We are unable to attend the meeting on February 15th and respectfully submit this letter as we cannot speak at the public session. We moved to Cayuga Heights from Lansing in June 2021. The biggest draw to this address is the proximity to the public schools and to Cornell. Our older child attends Boynton and our younger child will enter sixth grade next year. Our eighth grader is assigned a bus stop at the intersection of Kline and Cayuga Heights Rd. While they are on a sidewalk from our house to the end of Oak Hill Road, we all have concerns about the walk beyond Highland and down Kline where the road is winding and there is no sidewalk. Often, our child chooses to walk all the way to Boynton rather than wait for the bus -- along Wyckoff without a sidewalk and then to the cemetery path. No matter how many times we discuss walking without headphones and while alert, we all worry about the potential for driver and pedestrian distraction on a path that our child must navigate daily. In addition to concerns about our children walking down/up Kline and Wyckoff, I also had been an avid runner and walker who enjoyed taking our dog along. A sidewalk along this path would not only benefit the safety of pedestrians but also would be safer for drivers. On several occasions, I've driven up Wyckoff and Kline when walkers were present (especially those with dogs on loose leashes) and felt concerned about how narrow the road is with no "boundary." A sidewalk would be reassuring that pedestrians and drivers would each keep to their "lane," so to speak. I've recently encountered numerous health issues, and I will be unable to walk without assistance for many months to come. While the geography of this path is a challenge in its own right, I am very aware that unless there is a sidewalk, I'll be unable to even consider building up to walking to or from the schools as the only "safe" option for pedestrians who encounter two cars passing in opposite directions along Kline is to step off the road and onto the uneven shoulder. We appreciate the careful planning that has gone into this project and sincerely hope that it is approved and completed. Sincerely, Rebecca Lovenheim 105 Oak Hill Place (781)248-7938 Jeff, The Weebly site was recently updated and doesn't include the description that had originally outlined a proactive and public/community-inclusive project approach. 14 How and when was the survey monkey survey shared? How many responses were received from the survey, when were the responses shared and where can a log be viewed of the survey responses that were captured? Since Randy and I live on the proposed project route we have been paying attention and are proactive information seekers. The info that we receive about the project has been sporadically shared and is typically only provided upon request. You referenced in our conversation that letters were sent out but we never received a letter or letters about this project. At the inception of the project, it was conveyed that there were plans for several public meetings and a defined public outreach plan providing ALL Village residents an opportunity to share their opinions and comments about the project. Is there a communication plan that was developed for the project that you share? Last July (and again last Fall) when Randy and I (virtually) attended the Trustee Meeting and expressed concerns about the project (including the lack of a traffic study) we were told (by Brent in the meeting and since then), "The goal is to have a completed engineering report which will then produce a final design report for the public to then make comments." The final report just hit the website this week and now we learn that the meeting next week is to approve the report so that it can go out to bid. So there won't be a meeting that is promoted ahead of time so that the public can participate? Is the opportunity "for the public to make comments" limited to those members of the public that Brent is personally contacting. Are there records of Brent's visits with individual residents and the topics discussed? As always Jeff, I appreciate your time providing info and sharing information. I will stay tuned for the grant file info and any other documents and information that you can provide. Thank you. Tina Hi Brent, I have reviewed the drawings you shared. The current design document does not include enough information to yield quality bids and construction. As you know, to receive comparative bids and construct a quality project, construction documents must provide adequate detail. The goal of the documents is to convey a common understanding of the work scope to bidders/contractors. The current design lacks the appropriate number of elevations and sections to illustrate the site's complex topography, features, and infrastructure. One outcome of this is that it is impossible to understand the project's intended finished appearance. And, inaccuracies in the design indicate a lack of thoroughness and inattention to detail. We would be happy to meet with you to review the documents and contribute to their improvement to meet the stated project goal of walking safe. Randy 15 Thanks for your email. I am not sure who "told that FHWA rules advise not to publish". They are misinformed. Here's a Section 106 Tutorial from the Federal Highway Administration website: https://www.environment.fhwa.dot.gov/env_topics/section_106_tutorial/chapter4_1fig1 _longdesc.aspx. In particular, please note bullet four of Step 1 and bullet two Step 4. The ACHP (Advisory Council on Historic Preservation) also has an Introduction to Section 106 process on their website: https://www.achp.gov/protecting-historic-properties/section-106- process/assessing-effects If you scroll to the bottom of the web page immediately before "THE SECTION 106 PROCESS CONCLUDES" it states "The federal agency documents its finding, shares it with all consulting parties for a 30-day review period, and makes information available to the public." The FHWA Section 106 Tutorial and ACHP Introduction to Section 106 process are based upon Title 36, CFR, Chapter VIII, Part 800. Please reference that here: https://www.ecfr.gov/current/title-36/chapter-VIII/part-800?toc=1 My understanding was that you had concluded the federally required Section 106 process. Yet, without making the results public, that is incorrect. Additionally, my research has revealed that the following properties were identified as being potentially affected by the project: 511 Kline Road, 201 Cayuga Heights Road, 102 Corson Place, 100 Sunset Park, 903 Wyckoff Road, and 701 Wyckoff Road. Each of these properties were studied by Fisher Associates' subconsultant, Hartgen Archeological Associates, as a part of the Section 106 process. My property, 322 Highland Road, a contributing structure in the National Register Cornell Heights Historic District, does not appear to have been identified or studied. Since my property will clearly be affected by the project, I am hopeful that your completion of the process will help me understand why it was not included, or, if it must be included, what determination is made. I look forward to hearing your plan and schedule for completing the process. I must agree with Randy here. In addition if this to be constructed as drawn, our front yard is torn up all the way to the main entrance and we have 6-ft sidewalks incurring into our driveways and front door walkway without any curb cuts. This is not what we have discussed at length (and I even provided drawings) with you over the last several years. Without additional detailing this will be quite disastrous along our stretch of Kline rd. We are all for walking safe at 511 Kline, but we really need to address this before too long. Aleksandr Mergold, AIA, LEED AP Architect Co-founder of Austin+Mergold 16 M: 646-610-0014 www.mergold.work Dear neighbors, Trustees and Village officials, Having reviewed the drawings from Fischer currently posted on the village website, I can say (as a licensed architect in NYS) that they are incomplete. They also do not accurately (or at all) take into account the most recent input I provided to Brent, input on which he agreed and promised to relay to Fischer. Nor could they possibly result in an accurate price estimate—they are simply too vague, lacking detail and critical elements that will no doubt be added in later via change orders. The actual price to build a project that is safe for pedestrians and bicyclists, that provides adequate stormwater management, that will not incur legal action, is far higher than an estimate on this set of drawings. Holding a vote to accept such an estimate and move forward shows poor stewardship of Village resources and taxpayer moneys. It is a waste of valuable time for all parties—Trustees and residents included. To move forward productively, the drawings first need to reflect what we have been discussing with Brent for nearly two years at this point. They need more detail, and more information. As an example, along our property alone, the drawings do not show any curb cuts in front of driveways, nor do they show any detail of what a curb cut may look like. A section that I saw that isn’t part of this set showed storm water directed towards our house and PL-5 suggests the complete destruction of our front yard (and seemingly beyond the ROW - the drawings do not clearly show property or ROW lines, so impossible to judge) for the sidewalk installation. I suspect that similar issues exist throughout the path of the sidewalk. I think the affected neighbors should all meet together with Brent (rather than individually, as has been happening to this point) to discuss the drawings and what’s missing. Fischer needs to revise and amend the set accordingly, and only then it is worth discussion with the trustees. And we certainly welcome Lisken Cordes’ note about the sidewalk on the north side. The north option was originally presented to us as a more expensive that that will result in the road being even closer to our house. As I recall the difference between the two options in price was well within the margin of contingency allowance, so we are certainly happy to discuss the north sidewalk again, as long as it does not shift the road closer to our front steps – that’s simply dangerous, given the increased traffic we’ve been having on Kline. In principle, over the course of the project we have made and have heard from others several suggestions that would be a major improvement to how this project is administered: 1.Hire a Project manager that is dedicated to this specific project. This would help Brent tremendously. TG Miller, for example. 2. Consider a traffic study – why this never happened is unclear but this type of work certainly would benefit tremendously. Numerous times we suggested a one-way designation for Kline Rd – a traffic study would evaluate its validity. One way certainly opens up a vast opportunity to use this grant moneys toward better, more 17 durable, more attractive, more sustainable ways of making a sidewalk. Bike lanes, for example. 3.Reshape the turn from Highland to Kline, especially from the north – it extremely tight now, and requires a 3-way (or more) turn often. Aleksandr Mergold, AIA, LEED AP Architect Co-founder of Austin+Mergold T: 646-610-0014 www.mergold.work Dear Jeff Walker, I am writing to let you know that I highly support the 'Safe Route to School' initiative to create safe walking for our students, children, and community! Please continue the construction of our proposed sidewalks. Thank you, -Maki Maki Inada (she/her) Dear Board of Trustees, As a Village resident, parent, member of the Planning Board, and co-author of the original grant application let me urge you in the strongest not to abandon the important pedestrian connection we envisioned and secured partial funding for along Kline and Wyckoff Roads. I knew how important this connection was for our Village residents, and most critically for our Boynton and Ithaca High School students, back when we penned this proposal, even though at the time as a mother of elementary school-age kids I didn’t use this route much myself. Now, with a current Boynton student, I have occasion to observe this stretch very regularly and my feelings about the importance of these planned improvements has only deepened. I am in fact compelled to drive my older child to school every morning because I have concerns for her safety walking this route without any sidewalks. As a driver it can be quite hard to spot all the dog walkers, joggers, and school kids along the edges of this somewhat narrow, and often very dark and steep stretch, and some cars zip through this area, meeting traffic on the narrow winding stretch seemingly without any awareness of the presence of pedestrians who have little to no shoulder onto which to seek refuge when a car comes barreling by. I fear that a tragedy along this route is only a matter of time unless the planned structural safety improvements are made. The negotiated agreement allowing pedestrians to use the Cemetery path provides a great cost saving alternative to needing to construct sidewalks along the full length of the stretch to the schools, and the funding for sidewalks along Cayuga Heights Road also makes completing this critical segment on Kline/Wyckoff particularly critical. Let’s give the Village’s Middle and High School students a complete and safe route to school and improve the walking environment for all our residents in the process. 18 Thank you. Best, Jenny Jenny Leijonhufvud (she/her) Village of Cayuga Heights Resident Village of Cayuga Heights Planning Board Member •Village resident A. Mergold states that he is concerned about the process that took place and as an architect, the current drawing does not reflect a single curb cut. He also states that he is concerned about the identity of the Village with this project. He states that there are five different curve styles currently in the Village so what will this project use? •Village resident A. Mergold states that he supports the idea of safe streets and sidewalks but feels the Village is rushing to spend this money without looking at the bigger picture. •Village resident H. Kuckes read a letter she submitted to the Board. Dear Trustees and Village Officials, 19 Thank you Brent for coming to meet with me and my son Dylan Kuckes at 100 Sunset Park, and for providing a copy of the Fischer drawings for the project. While it is clear that the drawings were lacking in many details, they did provide some information on the layout of the proposed project. As you realize The house and landscape of 100 Sunset are historically significant. I would like to see a design that considers the impact on my property while meeting the needs of the Walk Safe sidewalk project. The proposed design negatively impacts the landscaping through both location and design. We would like to see the sidewalk location closer to the road rather than abutting the birch trees and crossing the driveway close to the house. Locating the sidewalk at a distance from the road consistent with its location immediately downhill from my property would meet this objective. The sidewalk at that point is closer to the road and not as wide in comparison as shown in the drawings. I am the second owner of the house, having bought it from Professor Miller in 1996. Professor Miller commissioned the design of the house from Cornell School of Architecture Professors Wells and Canfield. They designed a few other important midcentury houses in the Village. Part of the designs included landscaping. Professor Miller was very hands-on in the design of the house, and his specialty was landscaping and gardening. He did much grafting of nut trees and incorporated the birch trees as a significant feature. Even though the birch trees by the sidewalk need trimming, they are an integral feature of this beautiful mid-century modern house. A design providing space for the trees is strongly preferred and would keep this historic village property looking as it was designed to look Thank you, Haralyn Kuckes 100 Sunset Park 20 •H. Kuckes states that she hopes that there will be more attention paid to Sunset Park and raises a concern about what the actual home address is since it has been through some changes over the last few years. •Mayor Woodard states that the Board has budgeted money to revitalize Sunset Park. •Trustee Robinson states that we know what the address should be but some of the other search engines have confused that issue. •Village resident D. Kuckes states that he thinks it is great that the Village is providing a safe way for kids to get to school. He also feels that the Village needs to be respectful and considerate of those affected by this project. •Village resident D. Kuckes states that when he looked at the Walking Safe Cayuga Heights drawings it seems that some of this project will have 6-5 foot wide sidewalks. Another aspect of concern is the proper placement of the sidewalk compared to the Village Right-of-way. As others have stated consistency is preferred on the width of our Village sidewalks. •Village resident T. Kuckes states that he would like to echo what his grandmother and father have stated. •T. Kuckes states that he supports the project but has concerns with the size of the sidewalk and how it complies with the ADA standards. •Village resident Tina Lacey states that she appreciated the effort by the Village but has serious concerns about the lack of public outreach, the ability to find information on the website, and little to no outreach to all members affected by this project. •T. Lacey states that since we met with the Mayor in November the Village has been updating information but it is still hard to get through all the documents and now we find out that the Board is not sending the project out to bid as described before this meeting but that these plans are only 90% plans. •T. Lacey states that we were told in July of 2022 that no decisions had been made on which side of Kline Road the project was going to be constructed. She has read through years of meeting minutes and cannot find where the south side of the road was selected. •T. Lacey states that the volume of truck traffic through this area is very concerning. People are not going to be safe on this side of the road and the Village needs to revisit that alternative. •T. Lacey states that one elevation on the plan shows an aluminum fence at the top of Kline Rd. That does not fit the character of the neighborhood. She hopes that someone would take a look at the aesthetics on the architectural side of the project. 21 •Village resident Randall Nesbitt states that his main complaint he has tonight is the inability to get information when asked. A perfect example is his request for a copy of the Fisher and Associates Historical Study. His property was not included in this study and he would like to know why. •R. Nesbitt states that he also supports the idea of a safe path for students to walk but is frustrated with the processes. He had two trustees visit over the weekend at the site of this project and he raised the question again of why and when the south side of the street was chosen. •R. Nesbitt states that he has heard that costs were the main factor along with the need for a retaining wall. •R. Nesbitt states that there are also drainage issues and how will that be corrected since everything that has been done in the past hasn't worked. R. Nesbitt further states he would like to know how the construction administration will work. He feels that there needs to be an emphasis on keeping the character of the neighborhood since it is a historical area. •Village resident Lisken Cordes states that she too supports this project and appreciated all the work the Village staff has put into it. •L. Cordes states that she is concerned about the safety of pedestrians because of truck traffic and distracted driving. •Village resident John Lewis attending via zoom states that there are three hundred feet of sidewalks that will run along his property line. •J. Lewis states that it is excessive to have four, five, or even seven-foot-wide sidewalks as proposed and would like that idea reevaluated. •J. Lewis states that it would make more sense to move the sidewalk closer to the curb which would preserve more of the trees that add to the quality of the landscape in that area. •J. Lewis states that he is also frustrated that two streetlights appeared on that same stretch of property without any engagement by anyone at the Village. This leads to the question of who is going to be watching the development of this project and makings sure things are done as discussed with the properties in question. •E. Smith states that there were delays in information coming out on this project. There were long periods where there wasn't any new information as the project cleared different hurdles required through this federal design process. 22 •E. Smith states that the historical study that was mentioned in the study area was determined by NYS historic preservation office, the Village and our firm had no control over which elements were studied. It has also been confirmed that we are not allowed to share that information to protect the privacy of the property owners. •E. Smith states that all sidewalks have to be ADA compliant and for some of the areas we know need to be adjusted we will reissue a new set of plans once all the feedback has been completed. •E. Smith states that the fence aesthetics can be open to change but it will need to be uniform throughout the project. •E. Smith states that there will be a full-time construction manager for this project. •E. Smith states that we will have to take a few of the paper birch trees for this project but not all of them. It is the goal of this project to save as many as possible. •P. Wlodarczyk states that the ADA criteria to meet standards is a five-foot sidewalk. There are instances where we can vary from that but we have to balance that out throughout the project. •P. Wlodarczyk states that We are limited to how long the sidewalk can be four feet. •P. Wlodarczyk states that the cross slope and pitch towards the road needed to be in balance to handle the drainage. After looking at these possibilities the south side of the road was determined to provide a smoother walking alignment. •P. Wlodarczyk states that the current location of the sidewalks was to minimize the number of impacts to drainage and align the paths of the crosswalks. There will be new drainage installed along the sidewalk going down Kline Rd. •Village resident D. Kuckes asks for clarification on why the width of the sidewalks varies for this project. •E.Smith states that the guidelines come from ADA and the ADA states that when a five-foot- wide sidewalk is not possible, then the width can be reduced. However, then you have to have a landing (which would be wider than five feet) where people in a wheelchair can pass by. •Village resident A. Mergold states that the slope of the sidewalks is not ADA-compliant. •E, Smith states that it is compliant with ADA as long as it follows the same slope of the roadway. •Village resident A. Mergold states he is also concerned about where the property lines are since nothing about that shows up in these plans. 23 •Village resident R. Nesbitt would like to know who will be the construction manager for this project. •E. Smith states that the approximate highway boundary is shown in the drawings labeled as (HB). •M. McMurry states that the Village has not signed a construction contract therefore we have not selected a construction manager. •Trustee Robinson reminds the public that the Village sidewalk plow is a four-foot plow and if we reduce the width of any sidewalks to three feet then we would be taking the chance of plowing the lawn. •Village resident R. Nesbitt questions the depth of the sidewalk. •P. Wlodarczyk states that all pedestrian areas will be four inches of concrete and six inches in depth for driveways. •B. Cross states that the Village sidewalk plow has been plowing sidewalks with no noticeable problems with the equipment damaging the sidewalk. •Village resident J. Lewis would like who will be responsible for protecting private property lines on this project. •B. Cross states that the Village is obligated by federal standards to hire a full-time onsite construction inspection personnel contracted through Fisher and Associates or the contractor. •Village resident J. Lewis states that he wants to make sure that no parking of equipment, stacking of material, or anything will be placed on the homeowner's property. •B. Cross states that more than likely a lot of the contractors’ materials and equipment will be stored at the Village DPW on Sheldon Rd. •B. Cross states that it is not our preference to hurry this project along. It is an NYSDOT twenty- four-month contract that we signed which is dictated by the Federal Highway Administration. We have already exceeded that period once and that extension is due to expire at the end of this construction season. •B. Cross states that another reason why the south side of Kline was selected was the fact that the north side of Overlook was just too steep and require a mid-block crosswalk to that side. •In closing B. Cross states that the Highland Rd. culvert replacement was done by the Village DPW and was a replacement in kind and not subject to any kind of federal aid design process. He feels it is unfair to criticize the work they performed. 24 •Mayor Woodard states that at this point the Board will discuss the project, approve the drawings and allow Fisher and Associates to produce bid documents and post them on the Village website. •Mayor Woodard states that the Board will also be discussing how much money the Village is willing to commit to this project. The federal government is giving us eighty percent of the original estimate and obviously, the cost has gone up since receiving that award. •Mayor Woodard thanks the members of the public for their participation and we will keep you informed as this project moves forward. •Trustee Robinson states that those who have expressed concerns to B. Cross and were not reflected in the drawings to reach back out to him so he can pass them along to Fisher and Associates. •Trustee Robinson states that there was a misunderstanding that tonight the Board had to establish the maximum limit of the Villages contribution to this project. It is now clear that this has to be done before the bids are opened. •Trustee Robinson states the main reason to wait on establishing an amount of money is that it could affect the competitive bidding. •E. Smith states that the sooner we can get this out to bid the larger the number of potential bidders. Those submitting bids are going to be familiar with the federal process and would likely have a good idea of your budget. •E. Smith states the timeline from this point is to have the Village sign the State and Local Agreement, to NYSDOT then, State Comptroller will then have to sign it and fully execute it. At that time, we would be able to advertise the project. Then the final set of plans and documents have to go back to NYSDOT for approval before we can advertise the project to bid. •Trustee Salton asks what level of confidence Fisher and Associates have that the Village will be able to get bids on this project in eight to ten weeks. •E. Smith states that realistically bids will be opened in early May. •Mayor Woodard states that the Board will make a monetary decision at the April Board meeting. •Trustee Hubbell inquiries about the current construction estimate and if that has been updated. •Trustee Marshall states that this is a new estimate which is much higher than the original. 25 •B. Cross points out that this project requires unit pricing and the significance of that is people in the road construction business are tuned into the unit pricing of each individual and they know when a unit price is out of range. Therefore, there should not be a huge variance in the bid numbers. •Mayor Woodard states that our increased share for this project is $146,000. The project has been segmented into five sections. This is important to keep in mind when bids are opened because our DPW department could complete some of the segments. Resolution: 9353 26 , Resolution authorizing the implementation, and funding in the first instance 100% of the federal-aid eligible costs, of a transportation federal-aid project, and appropriating funds therefore. WHEREAS, a project for the Walking Safe: Cayuga Heights, P.I.N. 395069 (the "Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds; and WHEREAS, as provided for by agreement with the NYS Department of Transportation, PE and/or ROW Incidental or ROW acquisition work performed by the municipality for the federal aid-eligible construction project covered by the agreement, the costs of such work that are approved in writing by NYSDOT as applicable to the federal aid and Marchiselli aid construction work (excluding costs applicable to non-federally eligible or non-Marchiselli eligible project elements) shall be credited following FHWA's construction phase closeout audit of the Project to Project costs that are eligible for federal and Marchiselli aid; and WHEREAS, the Village of Cayuga Heights desires to advance the Project by making a commitment of 100% of the Non-Federal share of the costs of Engineering, ROW, and Construction. NOW, THEREFORE, the Village Board of Trustees, duly convened does hereby, RESOLVED, that the Village Board of Trustees hereby approves the above-subject project; and it is hereby further RESOLVED, that the Village Board of Trustees hereby authorizes the Village of Cayuga Heights to pay in the first instance 100% of the federal and non-federal share of the cost of Engineering, ROW, and Construction work for the Project or portions thereof; and RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Village of Cayuga Heights shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the Village Treasurer therefore, and it is further RESOLVED, that the Mayor of the Village of Cayuga Heights be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement request for Federal Aid and / or Marchiselli Aid on behalf of the Village of Cayuga Heights with the New York State Department of Transportation in connection with the advancement of approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and it is further 27 RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and be it furth RESOLVED, that this Resolution shall take effect immediately. Motion: Trustee Hubbell Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 9. Report of Police Chief Wright: Submitted Report (Exhibit 2023-136) •Police Chief Wright states that the month of January was a very busy month for the department. •Police Chief Wright states that he is glad to report that overtime hours for full-time and part-time were low this month. 10. Report of Director of DPW Wiese: Submitted Report (Exhibit 2023-137) •Director Wiese states that the DPW repaired a water main break on Texas Lane on February 4, 2023 The leak was found to be a valve that had a gasket and bolt failure. The valve was repaired, and the line returned to operation the same day. As a result of this work two isolation valves were found to be damaged while the work was occurring. These valves were repaired with the help of the Town of Ithaca on Tuesday, February 7, 2023 •Director Wiese states that new tracking devices called iTrackers were reviewed and ordered for our sewer system. These devices are portable flow trackers that can be used by the DPW to monitor flow in individual manholes which will help identify I&I in the sewer lines. •Trustee Robinson inquiries about the status of the empty house on North Triphammer Road that had a water leak last week. Are there any health concerns the Village should be concerned about? •Police Chief Wright states that they were able to make contact with the owners of the property and they plan on fixing the water damage. 11. Report of Clerk Walker: •Clerk Walker states that the only action item that he needs Board approval for is the Board of Trustees Videoconferencing Procedures. 28 •Village Attorney R. Marcus states that the primary focus of this is the fact that members of the Board are only excluded from physically attending a Board meeting if they have an emergency situation. Cayuga Heights Fire Department could be a site as well. •Village Attorney R. Marcus states that this update was prepared by the Committee on Open Government and recommended by NYCOM. Resolution: 9354 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees hereby adopts the procedures for Board Member Videoconferencing pursuant to Public Officers Law § 103-a The Board of Trustees Procedures for Member Videoconferencing Pursuant to Public Officers Law § 103-a In compliance with Public Officers Law (POL) § 103-a(2)(a), the Board of Trustees/Planning Board/Zoning Board of Appeals (the "Board"), following a public hearing, authorized by resolution on February 15, 2023, the use of videoconferencing as described in POL § 103-a. The following procedures are hereby established to satisfy the requirement of POL § 103- a(2)(b) that any public body which in its discretion wishes to permit its members to participate in meetings by videoconferencing from private locations – under extraordinary circumstances – must establish written procedures governing member and public attendance. 1. Board members shall be physically present at any meeting of the Board unless such member is unable to be physically present at one of the designated public meeting locations due to extraordinary circumstances. 2. For purposes of these procedures, the term “extraordinary circumstances” includes disability, illness, caregiving responsibilities, or any other significant or unexpected factor or event which precludes the member’s physical attendance at such meeting. 3. If a member is unable to be physically present at one of the designated public meeting locations and wishes to participate by videoconferencing from a private location due to extraordinary circumstances, the member must notify the Mayor/Chairperson of the Planning Board/Chairperson of the Zoning Board of Appeals no later than four business days prior to the scheduled meeting in order for proper notice to the public to be given. 29 4. If there is a quorum of members participating at a physical location(s) open to the public, the Board may properly convene a meeting. A member who is participating from a remote location that is not open to in-person physical attendance by the public shall not count toward a quorum of the Board but may participate and vote if there is a quorum of members at a physical location(s) open to the public. 5. Except in the case of executive sessions conducted pursuant to POL § 105, the Board shall ensure that its members can be heard, seen, and identified while the meeting is being conducted, including but not limited to any motions, proposals, resolutions, and any other matter formally discussed or voted upon. This requirement shall include the use of first and last name placards physically placed in front of the members or, for members participating by videoconferencing from private locations due to extraordinary circumstances, such members must ensure that their full first and last name appears on their videoconferencing screen. 6. The minutes of the meetings involving videoconferencing based on extraordinary circumstances pursuant to POL § 103-a shall include which, if any, members participated by videoconferencing from a private location due to such extraordinary circumstances. 7. The public notice for the meeting shall inform the public: (i) that extraordinary circumstances videoconferencing will (or may) be used, (ii) where the public can view and/or participate in such meeting, (iii) where required documents and records will be posted or available, and (iv) the physical location(s) for the meeting where the public can attend. 8. The Board shall provide that each open portion of any meeting conducted using extraordinary circumstances videoconferencing shall be recorded and such recordings posted or linked on the Board’s website (https://cayuga-heights.ny.us) within five business days following the meeting and shall remain so available for a minimum of five years thereafter. Such recordings shall be transcribed upon request. 9. If members of the Board are authorized to participate by videoconferencing from a private location due to extraordinary circumstances, the Board shall provide the opportunity for members of the public to view such meeting by video, and to participate in proceedings by videoconference in real time where public comment or participation is authorized. The Board shall ensure that where extraordinary circumstances videoconferencing is used, it authorizes the same public participation or testimony as in person participation or testimony. 10. Open meetings of the Board conducted using extraordinary circumstances videoconferencing pursuant to the provisions of POL § 103-a shall be broadcast pursuant to the requirements of POL § 103(f) and shall utilize technology to permit access by members of the public with disabilities consistent with the 1990 Americans with Disabilities Act (ADA), as 30 amended, and corresponding guidelines. For the purposes of this guideline, “disability” shall have the meaning defined in Executive Law § 292. 11. The in-person participation requirements of POL § 103-a(2)(c) shall not apply during a state disaster emergency declared by the governor pursuant to Executive Law § 28 if the Board determines that the circumstances necessitating the emergency declaration would affect or impair the ability of the Board to hold an in-person meeting 12. These procedures shall be conspicuously posted on the Board’s website (https://cayuga- heights.ny.us). Motion: Trustee Marshall Second: Trustee Biloski Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 12. Report of Attorney Marcus: No Report at this time. 13. Adjournment: Mayor Woodard adjourns the meeting at 9:58 p.m.