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HomeMy WebLinkAbout4.19.2023-Minutes 1 VILLAGE OF CAYUGA HEIGHT April 19th, 2022 Zoom ID # 411842540 BOARD OF TRUSTEES 7:00 p.m. MONTHLY MEETING Present: Mayor Woodard; Trustees: Biloski, Hubbard, Marshall, Rennekamp, Robinson, and Salton; Village Engineer B. Cross; Director of Public Works Wiese; Police Chief Wright; Village Attorney Marcus; Clerk Walker; Treasurer Dolch; 1. Call to Order: Mayor Woodard calls the meeting to order at 7:00 p.m. 2a. Approval of Meeting Minutes: March 15th , 2023 Meeting Minutes (Exhibit 2024-005) Resolution: 9440 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves March 15, 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 2b. Approval of Meeting Minutes: April 3rd , 2023 Organizational Meeting Minutes (Exhibit 2024-006) Resolution: 9441 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves April 3rd, 2023, Organizational Meeting Minutes as presented. Motion: Trustee Marshall Second: Trustee Biloski 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 2024-007) •Fire Superintendent Tamborelle states that the fire station air conditioning upgrade has been completed. 2 •Fire Superintendent Tamborelle states that the water pump on Engine 203 has failed and he is hoping that Cummings will cover some of the cost to replace it but the exact amount is unknown. •Fire Superintendent Tamborelle states that the Annual Fire Company Installation Dinner will be held this Saturday, April 22nd, 2023, at Lakewatch Inn. •In Closing, Fire Superintendent Tamborelle states that the CHFD roofing contract with Quick Construction has been revised by Village Attorney R. Marcus and all parties agreed to the changes. The contractor intends to start in June and wrap up the work before August. Resolution: 9442 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves the revised contract from Quick Construction Inc. in the amount of $125,000 for the replacement of the Village of Cayuga Heights Fire Station roof and $3500 for the Ice/Water Shield throughout and authorizes Mayor Woodard to sign the contract. Motion: Trustee Salton Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 4. Privilege of the Floor: Village resident Jeffrey Briggs addresses the Board. •Village Resident J. Briggs states that what he is about to read is strongly worded and the Board will understand why when you hear it. It is not meant to be in any sense disrespectful. 3 4 •Trustee Biloski asks if J. Briggs has been in touch with the neighbor who is operating the wood stove. 5 •J. Briggs states that he has repeatedly been in contact with him. He has made refinements to reduce the smoke, but it has not worked. •J. Briggs states that he cannot open his windows and struggles with breathing because of the neighbor’s smoke. •Trustee Salton asks if the stove that is burning wood is inside the house or a back yard wood boiler type. •J. Briggs states that it is inside the house but is a supplement heat since they also have a furnace they could use. •J. Briggs states that he has tried everything and has contacted all departments heads at the Village and County level. He further states that the only thing he was told he could do sue, and he does not want to do that and that the Board should not take that as a threat. •In Closing J. Briggs states that he only wants relief from the smoke, or he is going to have to move. He would really appreciate the Village taking action on this. Even if the Village would make the neighbor stop burning at 10:00 p.m. just to allow for some period of time where there was fresh air. •Mayor Woodard states that she is sympathetic, but it is unrealistic for us to try to regulate such a request. •Trustee Rennekamp states that some people burn wood as a source of heat. •Village Attorney R. Marcus states that he is not aware of any municipalities in New York State that have restrictions on burning wood inside a home. There are however state regulations on outside wood boilers. •B. Cross stated he received a complaint on March 23, 2023 and went to the property on March 24,2023 but saw no smoke. In fact, he spoke to the owner who burns the wood and he has been trying to provide relief for J. Briggs and was genuinely concerned for him. •B. Cross further states that the neighbor had stopped burning wood on March 1st, 2023. •B. Cross states that the neighbor intends to purchase a new stove for next year hoping the technology is better and will provide less emission for his neighbor. In closing there is no action the Board can or will be taking on this topic. Clerk Walker will provide a copy of meeting minutes and the Zoom link for Mr. Briggs. 5. Report of Treasurer Dolch: Submitted Report (Exhibit 2024-009) •Village Treasurer Dolch states that the March bank-to-book reconciliation is complete. •Village Treasurer Dolch states that she will need resolutions to establish three reserve funds for this upcoming fiscal year. •Trustee Salton would like to see more reserves established in the future. This should include maintenance reserves for Water mains, Wastewater treatment plant, etc. 6 •Trustee Rennekamp states that the Village Finance Committee has been talking about this and knows there are definitely other reserves worth setting up. We are starting with these since we have a good sense of what the cost is going to be. Resolution: 9443 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves establishing a reserve fund (A962) and allocate $14,000 from the fiscal year ending budget 2023-2024 for the Village garbage truck replacement cycle of fifteen years. Motion: Trustee Rennekamp Second: Trustee Biloski Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried Resolution: 9444 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves establishing a reserve fund (A962) and allocate $30,000 from the fiscal year ending budget 2023-2024 for the Village LED Streetlights repayment plan. Motion: Trustee Biloski Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried Resolution: 9445 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves establishing a reserve fund (A962) and allocate $15,000 from the fiscal year ending budget 2023-2024 for the Village water main breaks. Motion: Trustee Salton Second: Trustee Rennekamp Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none 7 Motion Carried •Village Treasurer Dolch states that the Proposed Annual Budget had a couple of changes due to the collective bargaining agreements salary increases and the proper funding of the CHFD F-150 pickup truck. This results in a tax rate of 6.30/1000 which is 1.94 % higher than last year and we will use $334,125 of fund balance. •Mayor Woodard continues the Public Hearing on the Proposed Annual Budget at 7:33 p.m. -No members of the public were present to speak •Mayor Woodard closes the Public Hearing on the Proposed Annual Budget at 7:33 p.m. •Trustee Salton states that he is disappointed that there was no discussion on a flat tax rate when Village assessments have been going up. There should always be a discussion of a zero percent increase. •Trustee Rennekamp states that the tax rate last year was reduced to 6.18/1000 and the previous years were flat at 6.40/1000. •Trustee Hubbell states that the goal is to reduce the fund balance over the next five years and be more inline. •In Closing Trustee Salton states that he appreciated the efforts to keep the tax rate low but would like this to be reevaluated next year. Resolution: 9446 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves the Proposed FYE 2023-2024 Annual Budget as presented in Exhibit 2024-011. Motion: Trustee Rennekamp Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, and Robinson Nays: Trustee Salton Abstentions: none Motion Carried Approval of Abstract 11: Resolution: 9447 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Abstract #10 for FYE2023 consisting of TA 83-94 vouchers in the amount of $17,919.24 and Consolidated Fund vouchers 772-868 in the amount of $578,986.89 and the Treasurer is instructed to make payments thereon. Motion: Trustee Marshall 8 Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 6. Report of Mayor Woodard: b. Arbor Day Planting: •Mayor Woodard will read the 2023 Village of Cayuga Heights Arbor Day Proclamation at the Cayuga Heights Elementary School on April 28,2023. There will be a short ceremony followed by the planting of an Elm Tree. c. Tompkins Community Bank Update: Last month Trustee Hubbell inquired to the financial status of our depository. •Mayor Woodard states that it was hard to determine the financial status of the reports we received. However, most of our money is in NYCLASS and they are self-insured. •Trustee Salton asks what is the makeup of NYCLASS. •Trustee Rennekamp states that NYCLASS is only open to municipalities and serves as a money market for New York Municipalities. NYCLASS hold around 50% U.S. Treasuries and 40% are repurchased agreements that are back by U.S. Treasuries and 10% collateralized bank deposits. •Trustee Rennekamp states that the current interest rate is 4.7%. d. Village of Cayuga Heights Comprehensive Plan: At a previous meeting Trustee Salton made the recommendation that a group be formed to review the Village Comprehensive Plan. •Mayor Woodard states that Planning Board is already tasked with reviewing the Village Comprehensive Plan therefore there is no need to set up a different taskforce or committee will be necessary. •Trustee Salton agrees with this analysis of the current plan to move forward with a resolution stating the Village Board request that the Village Planning Board Review the comprehensive plan for any updates. Resolution: 9448 WHEREAS, the Village of Cayuga Heights adopted the Village Comprehensive Plan in January 2014, and THEREFORE BE IT RESOLVED THAT: the Village Board of Trustees request the Village’s Planning Board review the 2014 Comprehensive Plan and advise the Village Board of Trustees as to whether the Comprehensive Plan should be revised. Motion: Trustee Salton Second: Trustee Biloski Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none 9 Abstentions: none Motion Carried 7. Report of Superintendent of Public Works Cross: a. WWTP General Contract Change Order: •B. Cross states that as the Phase 2 WWTP project is coming out of a winter “shut-down” (really just slow down), and Blue Heron will be re-mobilizing their equipment to begin the cleaning out of the old digesters (second attempt due to delayed electrical equipment). The shut down was necessary so that Yaws (on behalf of Village) didn’t have to haul liquid sludge over the winter season. •B. Cross states that as At the time of the decision to shut-down it was known that there would eventually be some added cost for expenses incurred by Blue Heron to go away and then come back with the rental equipment to do the cleaning process. Blue Heron has put together into one Change Order request for expenses that they have already incurred (not a delay fee). •B. Cross states that GHD has put together a summary of these costs which comes to the amount of $87,269.00. Our 5% contingency for the overall combined Phase 1 & 2 projects allows us to take advantage of any unspent contingency from Phase 1 on extras costs for Phase 2. Therefore, of the original $469,279 contingency for the whole project, this change order brings us up to $351,544.24, leaving $117,735.46 available for future change orders. •Trustee Salton states that he wonders about the contingency number of $117,738.46 and if that is going to be enough. •B. Cross states that he is confident that there will be enough for any future change orders. Resolution: 9449 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Mayor Woodard to sign the General Contact with Blue Heron Construction Company llc. change order G-002 in the amount of $87,269.00 for as part of Contract #1 of Phase 2 for the Village WWTP. Motion: Trustee Biloski Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried b. Industrial Pre-Treatment Sewer Ordinance: 10 •B. Cross states that the recent plant-to-plant agreement has a requirement that the Village provide a revised draft of the Village Sewer Use Law (in ecode 360) that identifies the industrial sewer users (not residential) located within the Old Village, which is connected to the Kline Road diversion, be regulated using the IAWWTF’s industrial sewer regulations. •B. Cross states that GHD has drafted language that will be added as a new section 226 (or as otherwise determined by General Code) that effectively makes “users” in the Old Village subject to the “current” (may change in future) IAWWTF industrial regulations. A map will be attached that shows every tax parcel that could be subject to this regulation if they discharge anything other than residential sewage. *Any user located within the “Old Village” area of the Village and tributary to the Kline Road diversion (see Figure/Exhibit/Map XX) shall be subject to the sewer use laws, as amended from time to time, governing the use and discharge thereto of wastewater for the Ithaca Area Wastewater Treatment Facility (IAWWTF), along with the requirements and terms of the “Multijurisdictional Pretreatment Agreement Between City of Ithaca, Town Ithaca, Town of Dryden, and Village of Cayuga Heights.” This requirement is in addition to those requirements and standards set forth herein for the Village. •B. Cross states that there is a possibility that an industrial user could send their discharge to the IAWWTF, therefore they want to make the Village responsible for making sure that user is regulated using the Ithaca Plant rules. •Village Attorney R. Marcus states that the way the City of Ithaca has drafted this local law makes the most sense. The Village and other municipalities that contribute to the Klien Rd. By-Pass will be regulated under the City’s law. •B. Cross states that the plant-to-plant agreement gives us 60 days to accomplish this draft and forward it to IAWWTF for review and agreement. Once it is received back from them, we will then have 60 days to put it into the form of a proposed local law and conduct a public hearing. Resolution: 9450 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves the revised language for the multijurisdictional pretreatment agreement between the City of Ithaca, Town of Dryden, Town of Ithaca and the Village of Cayuga Heights for industrial discharge regulations that go to the IAWWTF to mirror the City of Ithaca Sewer Law. Motion: Trustee Biloski Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 11 8. Report of the Trustees: •Trustee Biloski states that she attended her first Ithaca-Tompkins County Transportation Council (ITCTC) Meeting. •Trustee Biloski states that there was a call for projects to evaluate the carbon impacts of the streets and pedestrian walkways. •Trustee Hubbell states that the Cayuga Lake Watershed Intermunicipal Organization (CLWIO) manager is fitting in well. a. Sunset Park Update: •Trustee Marshall states that the open house will be on Mya 7th, 2023 from 2:00 p.m. to 7:00 p.m. here at Marcham Hall. •Trustee Marshall states that the survey has received 181 responses with a goal of 200. •Trustee Marshall states that the plan to plant trees on the west side of N. Triphammer Rd in the extended Village Right-of-Way is progressing. 9. Report of Police Chief Wright: Submitted Report (Exhibit 2024-013) •Police Chief Wright states that tickets have been up all year, mainly due to Officer Miller who has been extremely productive. •Police Chief Wright states that the Emergency Vehicle Operation Course (EVOC) was completed and was part of the training module that the department purchased. •Police Chief Wright states that the criminal justice TST Boces ride-along program graduated two more students this year. He anticipates that they will continue to be asked to run this program for future students. 10. Report of Director of DPW Wiese: Submitted Report (Exhibit 2024-014) •Director Wiese states that the guys continue to prepare for paving work on Cambridge, Burleigh, Randolph and Warwick, which will happen on the first week in May. Right now, the crew is re-establishing ditch lines in that area. •Director Wiese states that the I Trackers have been installed and there is now enough data to see where sewer flows have changed enough to suspect we have groundwater entering the sewer line. 11. Report of Clerk Walker: •Clerk Walker states that Village resident M. Timmons, who is present and wishes to address the Board about his penalty for advertising a short-term rental without a permit. 12 •Mr. Timmons states that he moved to Florida in June of 2022 and his wife resides here in the Village. The first time he rented his home was for Cornell Graduation in May of 2022. •Mr. Timmons states that a short time later he was informed by Village Clerk Walker that he needed a permit for operate a short-term rental. He further states that he thought he had completed the application and everything was fine. I soon realized now 2023 Clerk Walker is still asking for a valid permit which was confusing. •Mr. Timmons states that he thought the check for 2022 in the amount of $125 covered the 2023 rental permit. •Mayor Woodard states that she remembered Mrs. Timmons coming into the office and paying for the 2022 permit. She also recalls telling her that the Village will waive the penalty for advertising without a permit in 2022 but going forward every January renewal are due if you plan on advertising in 2023. •Clerk Walker states that Mr. Timmons just paid his 2023 permit fee on April 4, 2023 however we did not get the penalty payment of $300.00 and that is why Mr. Timmons is here tonight to ask the Board to waive that fee. •Trustee Salton states that he would just waive the penalty. This is a unique case in which he only advertise for 4 days out of the whole year. •Mayor Woodard states that we forgave the penalty last year and made it clear that we would not do the same again and here we are. •Mr. Timmons asks for just one more break, and if he does it again next year the Board could charge him three times the amount. He now understands that it has to be done by January 1, 2024. •Mayor Woodard states the Board has the responsibility to decide if Mr. Timmons should pay the penalty for advertising without a permit that was due in January. •Trustee Rennekamp asks if there was any communication between or before the February 2023 email which states that this was a reminder that your 2023 permit is past due. •Clerk Walker states that he had spoken to Mr. Timmons on the phone on this subject. Resolution: 9451 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves the issuance of a $300 penalty fee for advertising a short-term rental in the Village of Cayuga Heights without a valid 2023 permit. Motion: Trustee Hubbell Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, and Robinson Nays: Salton Abstentions: none 13 Motion Carried •Clerk Walker states that the only action item on his report is the Cayuga Heights Elementary School (CHES) 5K Fun Run Special Events Application. •In the past the Village Board has waived the $25 application fee for this event. The 2023 CHES PTA organization is asking for that again. Resolution: 9452 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves the issuance of a $300 penalty fee for advertising a short-term rental in the Village of Cayuga Heights without a valid 2023 permit. Motion: Trustee Marshall Second: Trustee Rennekamp Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 12. Report of Attorney Marcus: •Village Attorney R. Marcus states the annual Village of Cayuga Heights letter of engagement is ready for Mayor Woodard to sign. The firm will still honor the 25% discount off the normal rate. Resolution: 9453 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Mayor Woodard to sign the Bousquet Holstein PLLC 2023 letter of engagement for the fiscal year of June 1, 2023 to May 31, 2024. Motion: Trustee Marshall Second: Trustee Salton Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 13 Executive Session: Resolution: 9454 WHEREAS: The NYS Open Meeting Law §105 prescribes matters for which a public body may conduct an 14 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 are 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. As well as subsection (E) collective negotiations pursuant to article fourteen of the civil service law; discussions regarding proposed, pending, or current litigation; Motion: Trustee Salton Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Bilsoki, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried Resolution: 9455 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees exits the Executive Session and returns to an open meeting at 8:59 p.m. Motion: Trustee Salton Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Robinson, and Salton Nays: none Abstentions: none Motion Carried 14 Adjournment: Mayor Woodard adjourns the meeting at 9:00 p.m.