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HomeMy WebLinkAbout12.20.2023-Agenda1 Zoom Link 4118425407 Village of Cayuga Heights Board of Trustees Monthly Meeting December 20, 2023 7:00 p.m. 1. Call To Order EXHIBIT/PAGE 2. a. Approval of November 15, 2023 Meeting Minutes 2024-112 pgs. 2-9 3. b. Approval of December 7, 2023 Special Meeting Minutes 2024-113 pgs. 10-11 3. Report of the Fire Superintendent Tamborelle: Submitted Report 2024-114 pgs. 12-13 4. Privilege of the Floor: 5. Report of Treasurer Dolch: Submitted Report 2024-115 pgs. 14-15 6. Report of Mayor Woodard: a. SCLIWC UAW Contract Resolution 2024-116 pg. 16 . b. Tompkins County Shared Services Agreement 2024-117 pg. 17 c. Town of Ithaca Fire Support Contract 2024-118 pgs. 18-29 d. Property Maintenance Taskforce Update e. Amending the Village Zoning Law Sect.305-116A(3) 2024-119 pgs. 30-31 7. Report of The Trustees: a. Sunset Park Grant Update 2024-120 pg. 32 8. Report of Superintendent of Public Works Cross: Submitted Report a. Water system Study Report From T.G Miller b. Walking Safe Bid Award c. Trickling Filter Project Award 9. Report of Police Chief Wright: Submitted Report 2024-121 pgs. 33-34 10. Report of Director of Public Works Wiese: Submitted Report 2024-122 pgs. 35 11. Report of Clerk Walker: Submitted Report 2024-123 pgs. 36 12. Report of Attorney Marcus: 13. Adjournment 2 EXHIBIT 2024-112 VILLAGE OF CAYUGA HEIGHT November 15, 2023 Zoom ID # 4118425407 BOARD OF TRUSTEES 7:00 p.m. MONTHLY MEETING Present: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, and (arrived at 7:42) Salton; Village Engineer B. Cross; Director of Public Works Wiese; Police Seargent Manning; Treasurer Dolch; Attorney Marcus; Clerk Walker. Absent: Trustee Robinson 1. Call to Order: Mayor Woodard calls the meeting to order at 7:00 p.m. 2. Approval of the October 18, 2023 Meeting Minutes (Exhibit 2024-103) Resolution: 9508 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the October 18, 2023, Board Meeting Minutes as presented. Motion: Trustee Biloski Second: Trustee Rennekamp Ayes: Mayor Woodard; Trustees: Bilsoki, Hubbell, Marshall, and Rennekamp Nays: none Abstentions: none Motion Carried 3. Report of Fire Superintendent Tamborelle: Submitted Report (Exhibit 2024-104) •Fire Superintendent Tamborelle states that the fire station roof project is complete. •Fire Superintendent Tamborelle states that the pre-build meeting for the new pumper truck went well. •Fire Superintendent Tamborelle states that he presented his annual report to the Town of Ithaca Board on Monday night. •Village Attorney R. Marcus asks if there were any comments from the Town of Ithaca Board members about the Fire Service Contract with the Village. •Fire Superintendent Tamborelle states he did talk about it briefly. Town Supervisor R. Howe mentioned that the Town Board would be reviewing and signing the contract in December. 3 4. Privilege of the Floor: No members of the public wished to speak 5. Report of Treasurer Dolch: Submitted Report (Exhibit 2024-105) •Mayor Woodard states that Treasurer Dolch is having microphone difficulties, so she will read the resolution to approve the abstract. Approval of Abstract 6: Resolution: 9509 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Abstract #6 for FYE2024 consisting of TA vouchers #35-43 in the amount of $14,931.52 and Consolidated Fund vouchers #368-448 in the amount of $1,337.399.13 and the Treasurer is instructed to make payments thereon. Motion: Trustee Rennekamp Second: Trustee Biloski Ayes: Mayor Woodard; Trustees: Bilsoki, Hubbell, Marshall, Rennekamp, Robinson, Salton Nays: none Abstentions: none Motion Carried 6. Report of Mayor Woodard: a.Village Justice Resolution: Under current NYS Village Law a Village Justice has to reside in the Village. The Village of Cayuga Heights would like to expand the residence requirements to all of Tompkins County. •Mayor Woodard states that the Board of Trustees supports this decision and is asking for the NYS Assembly to introduce it and for the NYS Senate to pass this bill as presented in Exhibit 2024-106 Resolution: 9510 NEW YORK STATE SENATE INTRODUCER'S MEMORANDUM IN SUPPORT RESOLUTION WHEREAS, the Village of Cayuga Heights seeks to amend the Village Law and the Public Officer's Law, in relation to residency requirements for Village Justice of Cayuga Heights 4 WHEREAS, Section 1 adds a new subdivision 34 to section 3-300 of the Village Law, authorizing the Village Board of the Village of Cayuga Heights pass a resolution to allow the Village Justice position to be held by someone who lives outside of the Village and that individual lives within Tompkins County. WHEREAS, Section 2 adds a new subdivision 74 to section 3 of the Public Officer’s Law, authorizing the Village Board of the Village of Cayuga Heights pass a resolution to allow the Village Justice position to be held by someone who lives outside of the Village and that individual lives within Tompkins County. WHEREAS, this practice, while an important component to ensure representation within our local governments, can make hiring decisions very difficult in municipalities. THEREFORE, BE IT RESOLVED THAT, The Village of Cayuga Heights, a community of less than 4000 residents in a 1.8 square mile area, has requested this legislation to allow for a resident outside of the Village, but still a member of the local community at large, to serve as their Village Justice to ensure a more competitive selection process. Motion: Trustee Hubbell Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Bilsoki, Hubbell, Marshall, and Rennekamp Nays: none Abstentions: none Motion Carried b. Memorial Tree Discussion: Tabled until Trustee Salton arrives. c. Property Maintenance Task Force: Last month the Board voted to form a task force to discuss the drafted stand-alone local law. •Mayor Woodard states that this task force will address the property maintenance definitions and changes in the current Village Zoning Law and incorporate those changes into the new proposed local law. •Mayor Woodard states that she along with Trustee Salton, Trustee Hubbell, Village Forester Cowett, and Village Historian Szekely have agreed to join this task force and since then she has received several calls from Village residents interested in joining this group. 7. Report of the Trustees: •Trustee Marshall states that the North Triphammer Road trees were planted two weeks ago with the support of the Village DPW Staff. •Trustee Marshall stated that they could not have done it without the help of the DPW. •Trustee Hubbell states that CWIO has found a new director and will be also looking for a new committee chair. 5 8. Report of Superintendent of Public Works Cross: a. GHD Change Order •B. Cross states that as a follow-up to the discussion at the PWC meeting, GHD is coming to the end of the money that was available in their original agreement to provide construction inspection/administration. Due to the extended construction period caused by the late arrival of the electrical switch panel(s), their staff/subcontractor(s) have had to continue to be engaged in the project over the entire period of delay. •B. Cross states that GHD has estimated that the potential extra cost could be around $76,000 but will be billed at their standard hourly rates. •B. Cross states that we will need to pass a resolution authorizing the Mayor to sign the GHD Agreement Amendment for up to $76,000 to carry the project through the anticipated substantial completion date of 12/22/23. Resolution: 9511 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes Mayor Woodard to sign the GHD Change order #2 in the amount of $76,000 for services to be completed by December 22, 2023. Motion: Trustee Hubbell Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Bilsoki, Hubbell, Marshall, and Rennekamp Nays: none Abstentions: none Motion Carried b. Cayuga Heights Road Sidewalk Project design Contract: Cayuga Heights Road Sidewalk Project Link •B. Cross states that Hunt Engineers has provided a proposed scope of services agreement to perform the design work on the Cayuga Heights Road sidewalk project. Their proposal is for services (to be billed hourly) with a not- to-exceed value of $235,564, which is well within the NYSDOT formula that has an allowance of up to $552,960.00. The TAP grant program will be reimbursing us 80% of the actual billed hours. •B. Cross states that this form of agreement that Hunt has provided is a document that has been developed “in- house” by them. Therefore, Village Attorney R. Marcus will be reviewing this document for the first time (unlike other agreements that are boilerplate documents). He may not have finalized his review before tonight’s meeting, but he has agreed that the Trustees could authorize the Mayor to sign the agreement conditioned on his final review. 6 •B. Cross states that he recommends that the Trustees pass a resolution to accept the Hunt Engineers agreement as proposed and authorize the mayor to sign it pending final legal review by Attorney R. Marcus. Resolution: 9512 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes Mayor Woodard to sign the scope of services for the design phase of the Cayuga Heights Road Sidewalk Project in the amount of $235,654.00 contingent on Village Attorney R. Marcus' review and approval. Motion: Trustee Rennekamp Second: Trustee Biloski Ayes: Mayor Woodard; Trustees: Bilsoki, Hubbell, Marshall, and Rennekamp Nays: none Abstentions: none Motion Carried Walking Safe Cayuga Heights Sidewalk Bids: •B. Cross states that the Village received two bids for this project which were opened on November 2, 2023. At this point, there is no action item for the board to take until Fisher and Associations finish filing some closing documents with NYS. •B. Cross states that the low bid was submitted by a company out of Binghamton named Bothar Construction LLC, in the amount of $382,000 which only covered the first segment of the project which still falls short of the budgeted amount for that segment. •B. Cross states that we will award Bothar’s base bid of $382,000 and once we are in a contract with them, we can discuss the possibility of expanding the scope of work through unit pricing. •B. Cross states that he expects the Board will be able to accept the winning bid at the December Board meeting. •Trustee Marshall inquires whether or not the Village DPW could offset some of the costs to complete more than just the first segment of this project. •B. Cross states that he is hopeful that will be the case, we will know more about that after we enter into a contract. -Trustee Salton joins the meeting via Zoom at 7:42 p.m. and the Board returns to the memorial tree discussion. b. Memorial Tree Discussion: •Village Forester F. Cowett received an email from a family member related to Henry Doney who was a lifelong 7 Village resident who passed away back in May of this year. The family is inquiring about memorizing a tree in Henry Doney’s honor. •Village Forester F. Cowett states that the Doney family was under the impression that the Village has a program for memorization. He informed them that was not the case, but this would still be a Board discussion. •Mayor Woodard states that in his absence, Trustee Robinson supports this but has reservations about the process and criteria for memorization. •Trustee Hubbell states that he is neutral on this subject. •Trustee Biloski and Rennekamp state that they would be against setting a precedent when there are other opportunities outside the Village. •Trustee Salton states that if there were to be a policy on memorization that prerequisite should be based on the significance of the contribution to the Village and its residents. •Trustee Hubbell agrees and suggests that it is better to approach the university for this goal. •Mayor Woodard states that she agrees with the Board and respectfully declines to put into place a memorizing policy for now. 9. Report of Police Chief Wright: Submitted Report (Exhibit 2024-109) •Seargent Manning states that Chief Wright had something come up, but he has reviewed the report and is prepared to answer any questions. •Seargent Manning states that as reported last month we are still waiting for the new patrol vehicle to be outfitted at Bush Electronics. •Mayor Woodard asks if there was anyone hurt in the two MVAs reported in this month’s report. •Seargent Manning states that no one was hurt, just property damage. 10. Report of Director of DPW Wiese: Submitted Report (Exhibit 2024-110) •Director Wiese states that the Village DPW is wrapping up the year and has presented in this report a summary of all the accomplishments. Director Wiese states that the guys do a great job, and he wanted the Board to be aware of all the hard work that takes place. 8 •Director Wiese states that the was informed that the hydrant located at the Fire Department had broken and needed to be replaced. The depth of the hydrant caused issues with the internal linkage which made the hydrant susceptible to breaking. Due to this, we extended the water main to a higher level to allow a shorter hydrant to be installed. •In closing Director Wiese states that the newly hired laborer is working out well. •Mayor Woodard asks how the leaf pickup is going well. •Director Wiese states that the crew is on course to get everything picked up before winter hits. •Trustee Salton states that he appreciated the article in the Village Voices on the lead pipes and how the Village was tackling that issue. •Director Wiese states that Deputy Clerk K. Perkins deserves most of the credit for that article. She is very good at putting information together and making sure all the facts are accurate. 11. Report of Clerk Walker: Submitted Report (Exhibit 2024-111) •Clerk Walker states that he has incorporated the final list of property owners who have not paid their 2023 Village Property Taxes. The Board should now pass a resolution supporting the re-levy of these Village Property Taxes onto the County Tax rolls. Resolution: 9513 WHEREAS Diligent efforts to collect unpaid taxes by the Village of Cayuga Heights of the Town of Ithaca in the County of Tompkins have been made; and WHEREAS, The Collector of Taxes has certified a list consisting of the taxes remaining unpaid upon the Village Tax Roll; and WHEREAS Pursuant to the Real Property Tax Law of the State of New York Section 1442, an alternative method for collection of delinquent village taxes exists. NOW, THEREFORE, BE IT RESOLVED THAT: The Board of Trustees requests the collection of delinquent Village of Cayuga Heights real property tax in the amount of $13,202.62 on (6) properties with $1,056.21 in penalties, totaling $14,258.83 to be submitted to Tompkins County. Motion: Trustee Biloski Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Bilsoki, Hubbell, Marshall, Rennekamp, and Salton Nays: none Abstentions: none 9 Motion Carried •Mayor Woodard states that based on the HRA Exhibit that Clerk Walker has presented represents a savings of almost $25,000 for this year on the HRA Gold Plan Account. •Mayor Woodard states that there will be several retirees moving over to the Medicare Supplement Plan (MS3) for the coming new year. This will be a savings as well for the Village and the subscriber. •Mayor Woodard asks Village Attorney R. Marcus if he knows if she can force a retiree to change plans. •Village Attorney R. Marcus states he is not sure on that subject and the Village might want to discuss that with the Village Labor Attorney. •Trustee Salton states that Clerk Walker can check with our other neighboring municipalities to see what they are doing. He feels they might be able to force those retirees to change. 12. Report of Attorney R. Marcus: •Village Attorney R. Marcus states he does not have anything to report at this time. 13. Adjournment: Mayor Woodard adjourns the meeting at 8:16 p.m. 10 EXHIBIT 2024-113 VILLAGE OF CAYUGA HEIGHT December 7, 2023 Zoom ID # 4118425407 BOARD OF TRUSTEES 9:00 a.m. SPECIAL MEETING Present: Mayor Woodard; Trustees: Hubbell, Marshall, and Robinson; Village Engineer B. Cross; Director of Public Works Wiese; Clerk Walker. Absent: Trustee Biloski, Rennekamp, and Salton 1. Call to Order: Mayor Woodard calls the meeting to order at 9:03 a.m. 2. Privilege of the Floor: No members of the public wished to speak 3. Resolution to set up an Internet Government Solutions Equitable Business Opportunities System for Federally funded projects. •Mayor Woodard states that the NYSDOT needs the Village to set up and administer a Equitable Business Opportunities System Account to track the progress for the Walking Safe Cayuga Heights Sidewalk Project. Resolution: 9514 Whereas, NYSDOT has an Internet Government Solutions (IGS) Equitable Business Opportunities (EBO) System to track payments, participation in construction, consultant engineering and professional services pertaining to Federally funded projects; and Whereas, the system allows for more efficiency in the monitoring and reporting aspects of Federally funded project(s); and Whereas, the administration of Village of Cayuga Clerk oversees these projects and would benefit from accessing this system; now therefore be it Resolved, that Village Clerk Jeff Walker, for the Village of Cayuga Heights, is authorized and directed to access the NYSDOT IGS EBO system on behalf of the Village of Cayuga Heights; and Resolved, that Village Clerk Jeff walker is authorized to agree with the terms and conditions of access to the system set forth in the System User Agreement. Motion: Trustee Robinson Second: Trustee Marshall 11 Ayes: Mayor Woodard; Trustees: Hubbell, Marshall, and Robinson Nays: none Abstentions: none Motion Carried 13. Adjournment: Mayor Woodard adjourns the meeting at 9:04 a.m. 12 EXHIBIT 2024-114 December 19, 2023 Honorable Linda Woodard Board of Trustees Village of Cayuga Heights Monthly Report November 2023 We continued to be steady through November with 49 calls. We had 34 calls in the Village of Cayuga Heights, 9 calls in the Town of Ithaca and 6 mutual aid requests. There were 27 EMS calls and 22 fire responses. In the middle of the month, we were requested to Lansing on Graham Road for and apartment fire. E203 and L231 left the station fully staffed. Our apparatus arrived at the scene before Lansing, and we were able to determine that there was a kitchen fire in one of the apartments. The apartment was charged with smoke and heat. Crews quickly made entry and attacked the fire for a quick knock down. Other crews searched the entire building for tenants still in their apartments and evacuated them. The fire was contained to the kitchen with heavy smoke damage to the rest of the apartment, but the fire did not spread and was determined to be unoccupied at the time of the incident. Rapid response and great training are the reasons for the quick knock on this fire. Late in the month we were requested to a residence in the Village for a person fallen from a roof. Arriving units found a roofing contractor had fallen two stories from the roof to a stone patio. The individual was determined to have life threatening injuries and was quickly packaged by our crews and handed of the Bangs Ambulance. The injuries to the patient were determined to be severe enough to warrant a life flight and he was flow to a local trauma center. Again, quick response and professional treatment by our crews resulted in a positive outcome for this person. We continued to work closely with our probationary members in November to help them get through the checklist process. This group seems as motivated as the last and we are hopeful that they will all succeed. In November we did an initial training on building construction. Members are taught to evaluate a structure’s construction on arrival to make a rapid initial assessment on how a fire will react in each structure. Older buildings with old growth wood and plaster walls will burn much differently then newer homes build with cheaper and lighter materials. Protected structures will likely have much less fire spread then buildings no protected by sprinklers. These are all very important things to consider when attacking a fire. In conjunction with this training on building construction we did a roll in drill training the next week. This tied what was learned in the construction class to help determine how much time we would potentially have to get a good stop on a fire or whether to fight defensively from outside the structure. We are pleased to find no leaking from the roof with the recent wet weather and are now ready to move on to the ceiling tile replacement project. We purchased several bundles of ceiling tile and the DPW will work on replacing them when they have time in their schedule. We did receive a quote from the cleaning company that the Village uses, and we will be having them come into the station to keep the first floor looking better then it has. At the end of November, we had Municipal Emergency Services come to the station to demo the new air packs and battery powered rescue tool. We were very impressed with the packs and tools that they brought. We did receive quotes from MES for the packs and tools. We are looking at a couple more rescue tools that will be demoed in December. The MES tool is from Hurst. Hurst was the first successful hydraulic rescue tool manufacturer when these tools were fresh on the market decades ago. They set the industry standard. They have a great tool, and we like it very much. The only downside is that this tool uses a proprietary battery system. The other tools we are looking at can use a Milwaukee battery system which is what we use for all our other tool systems. The other tools have been heavier and less balanced than the Hurst tool. Weight 13 and balance are crucial during rescue operations. We will decide on the tools after the other demos. We have had several serious calls in the past month and our members have performed at an amazing level. The professionalism of the officers who lead these calls and the members who participate ensure that everyone gets the job done and returns safely to the station. The dedication that our members display is not only impressive to me but also to members of our neighboring departments and the county Department of Emergency Response personnel who come to these big incidents. I could not be prouder of our members. We are looking forward to the holiday break. Luckily, we have many folks who are planning to either stay for the entire break or leave for a short period of time and return. Sincerely, George Tamborelle Fire Chief/Fire Superintendent . 14 EXHIBIT 2024-115 VILLAGE OF CAYUGA HEIGHTS TREASURER’S REPORT December 2023 Revenues and Expenses: November month end bank-to-book reconciliation is complete and has been signed off by Deputy Treasurer Rennekamp. The treasurers report from Williamson is attached to this report. Interest Rates: Our NY Class interest rates are currently at 5.2%. Our NYClass accounts made about $10,700 last month. Budget Review: The Finance Committee reviewed the A, F, and G funds at our last meeting as we are ½ way thorough the fiscal year. All our larger revenue accounts are on track to meet our budget and most of our expense accounts are at or less than 50% of spending. Street Lights: VCH got the invoice for the new streetlights from NYPA. We owe $215,003.22. The Finance Team discussed this and agreed that we will pay $30,000 from the current years budget and finance the rest either directly through NYPA or shop around depending on interest rates from NYPA. The goal will be to pay this off in 10 years. Fire Contract: The VCH and the Town of Ithaca just finalized our new 3 year contract for fire protection services for the Northeast part of town which is served by the VCH Fire Department. For the 2024 calendar year (which is the Towns FY) the Town of Ithaca will owe the VCH $167,195.11 which is 38.6 % of the fire department expenses. For years 2 and 3 of the contracts the town will not owe more than 125% of the previous year without prior agreement. BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes Mayor Woodard to sign the new contract with the Town of Ithaca. Approval of Abstract 7: BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Abstract #7 for FYE2024 consisting of: • TA vouchers #44-53 in the amount of $18,470.09and • Consolidated Fund vouchers #449- 528 in the amount of $519,573.19 and the Treasurer is instructed to make payments thereon. respectfully Submitted Laura W. Dolch Treasurer 15 16 EXHIBIT 2024-116 Approval of Collective Bargaining Agreement with the United Auto Workers for Southern Cayuga Lake Intermunicipal Water Commission’s Employees for 2024-2026 WHEREAS, the Southern Cayuga Lake Intermunicipal Water Commission, in good faith, entered into contract negotiations with the United Auto Workers union for a renewed collective bargaining agreement for the contract that expired on December 31, 2023: and WHEREAS, on December 4, 2023, the Commission’s negotiating team reached tentative agreement with the union’s negotiating team; and WHEREAS, the Commission reviewed and approved the tentative contract at the December 7, 2023, Commission meeting; and WHEREAS, on December 11, 2023, the employees in the union bargaining unit ratified the tentative contract; and WHEREAS, the Village of Cayuga Heights Board of Trustees has reviewed the tentative agreement and determined it to be acceptable as required by the contract and the Public Employees Relation Board; now, therefore, be it RESOLVED THAT, the Village of Cayuga Heights Board of Trustees does hereby approve the tentative collective bargaining agreement between the Commission and UAW unit; and, be it further FURTHER RESOLVED THAT, the Village of Cayuga Heights Board of Trustees authorizes the Commission’s negotiating team to sign said contract as presented. 17 EXHIBIT 2024-117 18 EXHIBIT 2024-118 CONTRACT FOR FIRE PROTECTION Town of Ithaca – Village of Cayuga Heights THIS AGREEMENT made as of the 1st day of January, 2024, by and between the Town Board of the Town of Ithaca, 215 North Tioga Street, Ithaca, NY 14850, acting as and for the Fire Protection District of said Town of Ithaca, party of the first part, and Village of Cayuga Heights, 836 Hanshaw Road, Ithaca NY 14850, party of the second part. WHEREAS, there has been duly established in the Town of Ithaca a fire protection district embracing all of the territory in the said Town, and WHEREAS, the Board of Trustees of the Village of Cayuga Heights has all of the powers of a separate Board of Fire Commissioners and operates as one of its governmental functions the Cayuga Heights Fire Department, and WHEREAS, the party of the first part deems it desirable and in the public interest to contract with the party of the second part for fire protection and the party of the second part is willing to provide equal fire protection, hazardous material incident, and emergency medical first response services for persons and property (hereafter collectively referred to as the “services”1) outside of its own territory upon the terms and for the time herein stated, NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. That subject to the limitations hereinafter specified, the Cayuga Heights Fire Department will respond to any call for the extinguishment of any fire, hazardous material incident, or emergency medical incident occurring in the territory of the Town of Ithaca described as follows, to wit: The northeast section of the Town of Ithaca that is situated east of the east boundaries of the Village of Cayuga Heights and the City of Ithaca, south of the Village of Lansing/Town of Ithaca boundary, west of the Town of Dryden/Town of Ithaca boundary and north of a line described as follows: Beginning at a point where Forest Home Drive intersects the east boundary of the City of Ithaca with the Town of Ithaca, thence southerly along the Town/City line approximately 250 feet to the westerly end of a dead-end service road running behind the Plantations Service Building, thence easterly along the toe of slope of an uphill grade to the south, crossing Judd Falls Road and Caldwell Road and continuing easterly and southeasterly to a point along the center of the elevated grade that runs between the Arboretum Road and New York State Route 366, thence northerly and northeasterly to a point at the northwest corner of the parking area attached to the former Cornell University Transit Facility, and thence northerly to the point where Forest Home Drive crosses the boundary line between the Towns of Ithaca and Dryden. Such southerly line is more particularly shown on the map attached as Exhibit A by the 1 See Section 25 below for a list of all defined terms. 19 dashed line running generally easterly from the Town of Ithaca/City of Ithaca boundary to the Town of Ithaca/Town of Dryden boundary. Generally, the intent is to include in the service area those buildings and properties generally accessed from Plantations Road and north, and to exclude those buildings and properties that are generally accessed from Tower Road, from Judd Falls and Caldwell Roads south of Plantations Road, or accessed from NYS Route 366, and south. The Cornell University Filtration Plant is included in the area to be serviced under this Agreement. Attached as Exhibit B is a map entitled "Fire Protection Boundary." The areas to be serviced by the Village of Cayuga Heights pursuant to this Agreement are the cross-hatched areas on said map coded as "Town of Ithaca Properties in the Cayuga Heights Fire Protection District." Notwithstanding the foregoing, those portions of the Cornell University North Campus Residential Expansion (“NCRE”) sited within the Town are not included in the area to be serviced under this Agreement, because those portions of the NCRE within the Town are to be serviced under the contract for fire protection between the Town of Ithaca and the City of Ithaca; these areas not to be serviced under this Agreement consist of tax parcels 67-1-1.1; 68- 1-11.1; 68-1-11.2; and 68-1-12.2 within the Town of Ithaca and bounded by the southerly curb line of George Jessup Road to the North, the westerly curb line of Pleasant Grove Road to the East, the southerly curb line of Cradit Farm Drive to the South, and the Municipal Border with the City of Ithaca to the West. 2. The party of the second part hereby agrees to furnish the services in the aforesaid area for the consideration hereinafter mentioned. 3. In consideration of the services given to the territory above described, pursuant to this contract, the party of the first part agrees to pay to the party of the second part an annual payment calculated as set forth below, to be paid in four substantially equal quarterly installments on February 1, May 1, August 1, and November 1 of each year, commencing February 1, 2024. The annual payment shall consist of two parts, one for Net Expenditures, and one for Unbonded Capital Costs (both as hereinafter defined), calculated as follows: (a) The annual payment made by the Town for any calendar year shall be calculated using the actual expenditures of the Village's Fire Department for the immediately preceding fiscal year. There shall be excluded from such expenditures debt service payments related to equipment and/or buildings as described in Section 3(b) below, and Unbonded Capital Costs as described in Section 3(g) below. There shall be subtracted from such expenditures all revenues received by the Village Fire Department except for: the Town's contribution pursuant to this contract, any contributions from Cornell University for fire protection or 20 similar services, tax revenues raised by the Village's taxes, and revenues that have already been netted against expenditures. There will be included in revenues (except to the extent revenues have already been netted against expenditures) any contributions from any other tax exempt entity (other than Cornell University) provided for fire protection or emergency medical services, grants, state or federal aid related to the Fire Department, income from the sale of Fire Department assets, and any other similar types of income. Any contributions from Cornell University to the Town of Ithaca for fire protection or similar services shall not be included in revenues or netted against expenditures. Notwithstanding any of the foregoing terms that could be construed to the contrary, gifts such as proceeds from the Hanselman Fund, as well as the two percent (2%) Foreign Fire Insurance Tax that the Village delivers to the Village Fire Department's Fire Council, will not be included as revenue nor added to expenditures. The amount so determined is hereinafter referred to as the "Direct Operating Expenses." The following matters shall govern the calculation of Direct Operating Expenses: (i) Only expenses relating directly to the operation of the Fire Department shall be included in Direct Operating Expenses (e.g., equipment maintenance, building maintenance, salaries and fringe benefits of Fire Department personnel, gasoline, supplies, and other items directly related to the operation of the Fire Department). (ii) To the extent there is equipment or buildings that are used by the Fire Department and by other Village departments or personnel, there shall be a reasonable allocation of the expenses related to such equipment or buildings between Fire Department and non- Fire Department uses, with only the portion attributable to the Fire Department to be included when determining Direct Operating Expenses. (iii) There shall be no allocation to the Fire Department of any general overhead expense of the Village other than as specifically authorized by this Agreement. Without limiting the foregoing, none of the salaries of the Mayor, Treasurer, Clerk, or any other non- Fire Department employee (other than mechanics, cleaners, or DPW personnel, who work part-time directly on Fire Department buildings or equipment and a portion of whose salaries are properly chargeable to the Fire Department budget pursuant to subparagraph (ii) above) shall be allocated in whole or in part as a Fire Department expense. No portion of any cost of general Village liability insurance, bookkeeping expenses, telephone expenses, or any other cost or expense chargeable to the Village as a whole is to be included in determining Direct Operating Expenses. (iv) Depreciation and debt service shall be excluded (i.e., not used at all in the calculation) when determining Direct Operating Expenses. (v) There shall be included as revenues any amounts realized from the sale of equipment, adjusted in proportion to amounts paid by the Town, and any refunds of overpayments 21 by third parties to the Village of Cayuga Heights. (b) In addition, there shall be added to Direct Operating Expenses any required debt service payments related to equipment and/or buildings dedicated solely to Fire Department use, provided that the debt service relates to bonds or notes issued for a period equal to the period of probable usefulness for the capital item as determined by the Local Finance Law of the State of New York (presently Section 11.00 of such Local Finance Law), unless the Town consents to a shorter period. The sum of Direct Operating Expenses and the debt service related to equipment and/or buildings is referred to as the "Net Expenditures." The Village shall notify the Town by October 15 of each year of the preceding Village fiscal year’s Net Expenditures. The Town agrees to the bond schedules for the periods and for the items set forth in Exhibit C (attached). Any additional capital expenditures in excess of $25,000 per item in any one calendar year must be communicated in advance in writing to the Town. Notwithstanding the foregoing terms of this subsection (b), in any event and to the extent that the Town has delivered to the Village payment in full of the Town's share of any expense for equipment and/or buildings that the Village has determined to bond or otherwise borrow, the Town will not be liable for the debt service for such bonding or borrowing, and such debt service shall not be included in Direct Operating Expenses. (b-1) The Village’s provision of Net Expenditures to the Town each year shall include a list of all expenditures and revenues, broken out by category, used to calculate Net Expenditures. The Village shall also include an explanation of any discrepancies between said list and the Village’s annual financial report submitted to the New York State Comptroller. (c) The total taxable assessed valuation of real properties in the Village shall be combined with the total taxable assessed valuation of real properties outside the Village but within the area for which services are being provided pursuant to this contract. Such amounts are hereinafter referred to as the "Combined Taxable Assessed Valuation". The parties shall use the identical year’s final assessment roll (not different year’s rolls) to calculate their respective assessed valuations, and the Combined Taxable Assessed Valuation shall be calculated as close as reasonably possible to October 1 of each year. (d) The portion of the Combined Taxable Assessed Valuation located within the Town and outside the Village shall be divided by the total Combined Taxable Assessed Valuation. The result is referred to hereafter as the "Town's Percentage." (e) The Town's Percentage shall be multiplied times the Net Expenditures, and the resulting figure shall be the amount of the Town's payment for the ensuing calendar year for the Town's share of Net Expenditures. (f) An example of the foregoing calculation is as follows: Assuming the Net Expenditures (which number includes debt service, unless, as stated in subsection (b) above, and to the extent that the Town has delivered to the Village the Town's share of any expense for 22 equipment and/or buildings that the Village has determined to bond or otherwise borrow, in which event the Town will not be liable for such debt service, but excludes depreciation) is equal to $250,000.00 and assuming that the Taxable Assessed Valuation of the area of the Town outside the Village covered by the Fire Protection Contract is $120,000,000.00 and that Taxable Assessed Valuation of real property in the Village is $240,000,000.00, the Combined Taxable Assessed Valuation will be $360,000,000.00 ($120,000,000 plus $240,000,000), the Town's Percentage will be 33.33% ($120,000,000.00 divided by $360,000,000.00) and the annual payment from the Town to the Village for the Town's share of the Net Expenditures will be $83,333.33 ($250,000 times 33.33%). (g) In addition, the Town shall pay a proportion of the Fire Department's capital expenses in excess of $25,000 per capital item not bonded for the period of probable usefulness for such item as determined by the Local Finance Law (such costs being hereafter referred to as "Unbonded Capital Costs"), incurred in the year preceding the Village’s fiscal year for which the calculation is being made. The Town's share shall be an amount determined as follows: (h) The total Unbonded Capital Costs shall be recalculated to determine the annual expenditures that would have been incurred. (i) The total Unbonded Capital Costs shall be recalculated to determine the annual expenditures that would have been incurred if bonds had been issued for the capital items for periods equal to the periods of probable usefulness for the capital items as determined under the Local Finance Law, without interest or bond costs. (ii) For each year during the applicable periods of probable usefulness, the Unbonded Capital Costs as so recalculated (the "Recalculated Unbonded Capital Costs") shall be multiplied by the Town's Percentage, and the amount so calculated shall be the amount payable by the Town in the succeeding Village fiscal year for the Town's proportion of Unbonded Capital Costs. Notwithstanding the calculation set forth above, the Town may, at its sole option, elect to pay a greater share of the Unbonded Capital Costs by accepting a shorter period than the full period of probable usefulness for any capital item. (i) The Town's payment hereunder, equal to the Town’s share of Net Expenditures and Recalculated Unbonded Capital Costs, for the first year of this contract shall equal One Hundred Sixty-Seven Thousand One Hundred Ninety-Five Dollars and Eleven Cents ( $167,195.11). For the second and third years of this contract, the Town's share shall not exceed the following amounts without the prior consent of the party of the first part given before an expenditure is incurred which would cause the sum of the Town's share of Net Expenditures and Recalculated Unbonded Capital Costs to exceed the amounts set forth below: Year 1 (2024): $167,195.11; 23 Year 2 (2025): 125% of the amount payable for Year 1 ($208,993.89); Year 3 (2026): 125% of the amount payable for Year 2 ($261,242.36). Town Law § 184(5) requires contracts for town fire protection districts to state a definite sum to be paid each year for all of the services to be rendered thereunder. Accordingly, the parties agree that the annual sums set forth above for the years 2025 – 2026 are the amounts due from the Town and they shall be adjusted annually based on the Town's share of actual Net Expenditures and Recalculated Unbonded Capital Costs as defined above, and each year the Village shall advise the Town of this amount not later than September 1st of the year preceding the Town's next fiscal year. The parties agree to amend this Agreement accordingly and in as expeditious a fashion as possible to state the adjusted sums due from the Town each year once they are agreed upon. Under no circumstances shall the total amount paid by the Town in any calendar year, plus any adjustment for that year paid in the subsequent year, exceed the annual budgeted amount for Net Expenditures and Recalculated Unbonded Capital Costs without the Town's prior written approval of any budget changes resulting in such increase. 4. The party of the second part agrees to protect all Cayuga Heights Volunteer Firefighters who answer calls in the aforesaid area of the Town of Ithaca pursuant to this contract with proper and adequate coverage as required by the New York Worker's Compensation Law and Volunteer Firefighter’s Benefit Law. 5. It is further understood and agreed that the consideration paid by the party of the first part to the party of the second part pursuant to this contract shall cover and include any liability of the Town of Ithaca for any loss or damage to, or expenses incurred in the operation of, fire apparatus or other equipment belonging to the party of the second part, and the cost of any materials used in connection with any call for assistance, except to any extent that the Town of Ithaca is liable to the Village for any such loss, damage, expense or cost in accordance with the terms of Section 14 below. 6. The party of first part hereby specifically agrees not to impose on the party of the second part any obligations or duties relating to the inspection of buildings and properties for the purposes specified in the Education Law, the Multiple Residence Law and the Town Law and the term "fire protection" as used in this Agreement does not include any such inspections by the party of the second part, although the Village Fire Inspector may inspect within the Town in his discretion without securing further Town approval. The party of the first part will satisfy all such obligations and duties in accordance with applicable law. 7. The party of the first part agrees to cooperate with the party of the second part in taking any reasonable action to carry out and implement a program of fire safety control prevention, including appropriate action to keep driveways, lanes and roads open for fire trucks, providing, servicing, and testing fire hydrants which comply with the requirements of the New York Fire Insurance Rating Organization, and requiring land owners and tenants within the territory to observe reasonable rules against accumulation of trash and garbage and combustible material on their property. 24 8. It is expressly understood and agreed that the number of firefighters and the nature of equipment dispatched in answer to a call, the manner of fighting the fire, and other operations at the scene of the fire, are matters within the judgment of the Chief of the Cayuga Heights Fire Department and the other officers of the party of the second part who may be in charge at the time. 9. Party of the second part agrees to provide to party of the first part, no later than October 1 of each year during the term of this Agreement, a list showing the names of all active, certified, volunteer and paid firefighters and emergency medical personnel available to fight fires, or to provide emergency medical services to residents, in the territory covered by this Agreement. 10. This Agreement shall take effect on the first day of January, 2024 and expire on the 31st day of December, 2026. 11. Notwithstanding any other provision herein, either party may terminate this Agreement as of the end of any calendar year by giving written notice of such intention to terminate to the other party to be received by the other party at least one full calendar year prior to the date of intended termination. If the Town is the terminating party, it must hold a public hearing pursuant to New York Town Law § 184(8) before it gives written notice of its intention to terminate. 12. Insurance. The Village shall procure and maintain the following insurance coverages with limits of liability not less than the limits specified. Except for collision and comprehensive and workers’ compensation and disability coverage, insurance coverages shall not be provided by self-insurance. (a) Commercial General Liability: including Premises/Operations, Contractual Liability, Products/Completed Operations, Personal Injury and Broad Form Property Damage-- Occurrence Form required. The Town of Ithaca and its officers, employees, board members, agents and elected officials are to be included as Additional Insureds with respect to the services rendered to the Town. Each Occurrence: $ 1,000,000 Products/Completed Operations Damage Limit: $ 1,000,000 Personal and Advertising Injury Limit: $ 1,000,000 General Aggregate Limit: $ 3,000,000 Damage to Rented Premises (each occurrence): $ 50,000 Medical Expense: $ 5,000 (b) Automobile Liability: $1,000,000 - Any Owned, Hired and Non-Owned Autos. The Town of 25 Ithaca and its officers, employees, board members, agents and elected officials are to be included as Additional Insureds with respect to the services rendered to the Town. (c) Umbrella Policy: $5,000,000 – Occurrence Form Required. Must state Follow Form of General Liability and Automobile Liability Policies. Statement regarding Follow Form coverage must be on certificate of insurance. (d) Additional Specifications: All insurance shall be written with insurance carriers licensed by the State of New York Insurance Department and have a Best’s Rating of A XI or better. The Village shall not take any action to cancel or materially change any of the insurance required under this Agreement without the Town’s prior written approval of such cancellation or change. The foregoing insurance coverage is not intended to nor does it limit the liability of the Village to hold the Town harmless. 13. Capital Item Reimbursement. Upon termination of the Agreement for any cause the Town shall be entitled to receive 30% of those items of equipment which originally cost $25,000.00 or more, or 30% of the dollar value of such equipment, purchased by the Village during the term of this Agreement reduced by the depreciation on such equipment. For this purpose equipment so purchased shall be depreciated in accordance with the depreciation schedule specified in the NYS Local Finance Law for each of such assets. Such conveyance shall be by such appropriate documentation such as bills of sale, vehicle registration, etc. as may be reasonably required by the attorneys for the Town. If the Village fails to transfer such items, the Town may seek specific performance in addition to any other remedies available to the Town under law or equity. In addition, upon termination of the Agreement for any cause the Town shall be entitled to receive 30% of the dollar value of any other capital items which originally cost $25,000.00 or more and were purchased or procured by the Village during the term of this Agreement, reduced by the depreciation on such capital items. For this purpose capital items so purchased or procured shall be depreciated in accordance with the depreciation schedule specified in the NYS Local Finance Law for each of such assets. 14. Indemnity. (a) The Village shall defend, indemnify, and hold the Town, its elected officials, public officers, employees, boards and agents harmless from all damages, losses, claims, actions and lawsuits by third parties (including those asserted or brought by the Village of Cayuga Heights Fire Department employees and volunteers) with regard to personal injury, death, property damage (including loss of use), contamination of or adverse effects to the environment, or other damages or losses caused by or claimed to be caused by, or arising from or claimed to arise from, the Village’s services provided pursuant to this Agreement, or arising out of this Agreement in any other way. Such indemnity shall include settlements and reasonable costs of defending such claims, including attorney’s fees. To the extent the Town is negligent, the Village’s indemnification shall not extend to the proportion of loss attributable to the Town's negligence. The Village’s indemnification also shall not extend to the proportion of loss attributable to the Town in the event of payments to injured firefighters or representatives of deceased firefighters under the Workers Compensation Law, General Municipal Law, or other 26 New York statutes, where the aforementioned laws allocate liability to the Town for such payments. The obligation to indemnify shall survive termination of this Agreement whatever the cause of such termination. Indemnification shall be provided for all acts, failures to act, or occurrences occurring during the term of this Agreement (e.g., the Village shall provide such indemnification for any claims made with respect to actions by the Village prior to the termination of this Agreement even if the claim itself is not made until after termination of the Agreement). (b) To the extent permitted by law, the Town shall defend, indemnify, and hold the Village, its elected officials, public officers, employees, boards and agents harmless from all damages, losses, claims, actions and lawsuits by third parties (excluding those asserted or brought by the Village of Cayuga Heights Fire Department employees and volunteers, except for payments allocated to the Town by statute as specified below) with regard to personal injury, death, property damage (including loss of use), contamination of or adverse effects to the environment, or other damages or losses caused by or claimed to be caused by, or arising from or claimed to arise from, the Village’s services provided pursuant to this Agreement, or arising out of this Agreement in any other way, to the extent that such damages, losses, claims, actions or lawsuits arise from or are attributable to the Town’s negligence or to the extent that applicable statutes allocate liability to the Town for payments to injured firefighters or representatives of deceased firefighters, in which case the Town shall indemnify the Village for the proportion of loss attributable to the Town’s negligence or allocated to the Town by statute. Such indemnity shall include settlements and reasonable costs of defending such claims, including attorney’s fees. The obligation to indemnify shall survive termination of this Agreement whatever the cause of such termination. Indemnification shall be provided for all acts, failures to act, or occurrences occurring during the term of this Agreement (e.g., the Town shall provide such indemnification for any claims made with respect to actions by the Town prior to the termination of this Agreement even if the claim itself is not made until after termination of the Agreement). 15. Audits. The Village shall include the Village of Cayuga Heights Fire Department in its annual audit and shall send the Town such audit within thirty (30) days of the Board of Trustee’s acceptance of same. The parties shall adjust the Town’s payments to account for any underpayments or overpayments by the Town as disclosed by the audit. 16. Written Notice. Where notification is required by this Agreement to be given to a party, it shall be in writing and shall be delivered to the Town Supervisor (if the notice is to the Town), and to the Village of Cayuga Heights Fire Department Fire Chief and the Mayor (if the notice is to the Village), with delivery by hand, certified mail, or a commercial courier service to the other party at the addresses shown above or such other address as is hereafter designated in writing by that party. Notice of a change of address must be made in the same manner as other notices. Notices shall be deemed given when they are received. 17. Workers Compensation and Disability Insurance. The Village will maintain workers’ compensation and disability coverage, at not less than the levels of workers’ compensation and disability coverage 27 required by the State of New York. 18. Independent Contractor. The Village will be at all times an independent contractor and not an agent for the Town. The Village shall be fully responsible for all acts and omissions of its employees, volunteers, subcontractors, and suppliers, and specifically will be responsible for sufficient administration and supervision to ensure compliance in every respect with the Agreement requirements. There will be no contractual relationship between any subcontractor or supplier and the Town by virtue of this Agreement with the Village. No provision of the Agreement will be for the benefit of any party other than the Town and Village. The Village, and not the Town, is the employer of its employees and is responsible for their wages, hours, benefits, worker's compensation, social security, and all other incidents of employment. 19. No Assignment. This Agreement may not be assigned by the parties. 20. Binding Nature of Agreement. This Agreement is binding upon the parties and their respective representatives and successors. This provision shall survive termination of this Agreement. 21. Governing Law, Jurisdiction, and Enforcement. This Agreement is made in New York, and shall be construed under the laws of the State of New York without regard to, or the application of, New York State’s choice of law provisions. Both parties consent that if any action is brought to enforce this Agreement, it shall be brought in an appropriate Court in Tompkins County, New York, and both parties consent to the jurisdiction of such court. This provision shall survive termination of this Agreement. 22. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any and all prior written or oral agreements, negotiations or understandings, existing between the parties concerning the subject matter of this Agreement. This Agreement may be amended only by written instrument signed by each party and only after the Town holds a public hearing pursuant to New York Town Law § 184(8) and after the Village follows relevant Village and/or state laws and procedures. 23. Survival. All obligations arising prior to the termination of this Agreement that are herein stated to survive the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the Village and the Town shall survive the completion of services hereunder and the termination of this Agreement. 24. Severability. If any provision of this Agreement is deemed to be invalid or inoperative for any reason, that part may be modified by the parties to the extent necessary to make it valid and operative, or if it cannot be so modified, then it shall be deemed severed, and the remainder of this Agreement shall continue in full force and effect as if this Agreement had been signed with the invalid portion so modified or eliminated. 25. Defined Terms. For the purpose of this Agreement, these terms shall have the following meanings unless the context otherwise requires: 28 Agreement – This Contract for Fire Protection between the Town of Ithaca and the Village of Cayuga Heights. Combined Taxable Assessed Valuation – The total taxable assessed valuation of real properties in the Village plus the total taxable assessed valuation of real properties outside the Village but within the area for which services are being provided pursuant to this Agreement (see Section 3(c)). Direct Operating Expenses – Actual expenditures of the Village's Fire Department for the immediately preceding fiscal year, excluding debt service payments and Unbonded Capital Costs, and less certain revenues received by the Village (see Section 3(a)). Net Expenditures – The sum of Direct Operating Expenses and the debt service related to certain equipment and/or buildings (see Section 3(b)). Recalculated Unbonded Capital Costs – The total Unbonded Capital Costs, recalculated to determine the annual expenditures that would have been incurred if bonds had been issued for unbonded capital items for periods equal to the periods of probable usefulness for the capital items as determined under the Local Finance Law, without interest or bond costs (see Section 3(h)). Services – The collective fire protection, hazardous material incident, and emergency medical first response services provided by the Village of Cayuga Heights. Town – The Town of Ithaca. Town’s Percentage – The portion of the Combined Taxable Assessed Valuation located within the Town and outside the Village, divided by the total Combined Taxable Assessed Valuation (see Section 3(d)). Unbonded Capital Costs – The Village Fire Department's capital expenses in excess of $25,000 per capital item not bonded for the period of probable usefulness for such item as determined by the Local Finance Law (see Section 3(g)). Village – The Village of Cayuga Heights. IN WITNESS WHEREOF, the parties have caused this instrument to be executed by their duly authorized officers on the day and year first above written. TOWN OF ITHACA ATTEST: ________________________________ By: __________________________________ 29 Paulette Rosa, Town Clerk Rod Howe, Supervisor ATTEST: ________________________________ By: __________________________________ Paulette Rosa, Town Clerk Bill Goodman, Town Board Member ATTEST: ________________________________ By: __________________________________ Paulette Rosa, Town Clerk Rich DePaolo, Town Board Member ATTEST: ________________________________ By: __________________________________ Paulette Rosa, Town Clerk Pamela Bleiwas, Town Board Member ATTEST: ________________________________ By: __________________________________ Paulette Rosa, Town Clerk Margaret Johnson, Town Board Member ATTEST: ________________________________ By: __________________________________ Paulette Rosa, Town Clerk Rob Rosen, Town Board Member ATTEST: ________________________________ By: __________________________________ Paulette Rosa, Town Clerk Eric Levine, Town Board Member VILLAGE OF CAYUGA HEIGHTS ATTEST: _________________________________ By: _________________________________ Jeffrey D. Walker, Village Clerk Linda Woodard, Mayor 30 EXHIBIT 2024-119 VILLAGE OF CAYUGA HEIGHTS DRAFT PROPOSED LOCAL LAW F OF THE YEAR 2023 A LOCAL LAW TO AMEND THE CODE OF THE VILLAGE OF CAYUGA HEIGHTS CHAPTER 305, "ZONING," ARTICLE XVII, "SITE PLAN REVIEW," SECTION 305-116, “APPLICABILITY” TO REMOVE THE REQUIREMENT OF SITE PLAN REVIEW FOR ALL SUBDIVISIONS OF LAND Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows: SECTION I PURPOSE AND INTENT The Village's Board of Trustees (the "Board") has been advised that the terms of Village Code Chapter 305, Article XVII, Subsection 305-116(A)(3) conflict with the intent of the 2018 revision to the Village Zoning Law. Prior to its 2018 revision, the Village Zoning Law contained a single Site Plan Review Section, which included Subsections for reviewing the improvement of an existing site and for reviewing a subdivision, each with its own criteria for review. The 2018 revision separated these Subsections into their own Articles, one for Site Plan Review and one for Subdivision Review, each still with its own criteria for review. However, the 2018 revision failed to remove a line of text – Subsection 305-116(A)(3) – that requires Site Plan Review for a subdivision of land in any zoning district. This was not the intent of the Board in passing the 2018 revision as the Village Planning Board does not conduct Site Plan Review when reviewing a subdivision. The intent of this Local Law is to remove the outdated Subsection and to relabel the subsequent subsection. The purpose of this Local Law is to revise the text of Village Code Chapter 305, Article V, Subsection 305-116 to delete Subsection 305-116(A)(3) and to relabel Subsection 305-116(A)(4) accordingly. 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 ZONING LAW ARTICLE XVII, “SITE PLAN REVIEW,” SECTION 305-116, "APPLICABILITY" In Chapter 305 of the Village Code, "Zoning," Article XVII, "Site Plan Review," Subsection 305-116, "Applicability," Subsection (A)(3), is hereby deleted. As a result, the former Subsection (A)(4) shall hereinafter be referred to as Subsection (A)(3). 31 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 VII EFFECTIVE DATE. This Local Law shall be effective immediately upon filing in the office of the New York State Secretary of State, except that it shall be effective from the date of its service as against a person served with a copy thereof, certified by the Village Clerk, and showing the date of its passage and entry in the Minutes of the Village Board of Trustees. 32 EXHIBIT 2024-120 33 EXHIBIT 2024-121 Village of Cayuga Heights Police Department ___________________________________________________ Jerry L. Wright Chief of Police 12/6/23 To: The Honorable Mayor Woodard Members of the Board of Trustees Village of Cayuga Heights Re: Report of the Police Department for November 2023. In the month of November, the police department received 379 calls for service. In addition to these calls, 93 uniform traffic tickets were issued, and 7 parking violations were cited. A breakdown of the calls for service is as follows: There was one Felony incident handled resulting in arrest. During a criminal investigation an individual was found to be in violation of an Order of Protection and charged with Aggravated Family Offense due to having a prior conviction. 1 Penal Law Misdemeanor report of Larceny was made. A resident reported that a package that had been delivered for them was taken by an unknown individual. This incident is still under investigation. Also, 1 Penal Law Misdemeanor Arrest for Criminal Contempt 2nd was made in association with the Felony arrest previously mentioned above. The investigation of 11 Traffic Stops led to 14 Vehicle and Traffic Misdemeanor charges. 10 for Suspended Registration and 4 for Aggravated Unlicensed Operation of a Motor Vehicle 3rd. 1 Penal Law Violation of Harassment was reported. The incident involved threatening email messages being sent to an individual by a disgruntled client. The responsible officer made contact with the suspect and was advised to discontinue sending emails to the complainant or charges would be sought. No further complaints have been received regarding this matter. 2 Local Law incidents of Noise were handled. A resident complained that there were men arguing in a neighboring apartment. Upon the officer’s arrival the noise was found to be animals clawing at the door to the apartment. Contact was made with the suspect tenant however they were not cooperative, and no action was taken. In the second incident a resident stated that contractors working on a neighboring house were playing loud music. The responding officer did not observe loud music or any other noise in the area. 2 Warrant arrests were executed, 1 for each Bench and Arrest. Both wanted subjects were taken into custody by CHPD officers and transported to the CAP for arraignment. The following 10 arrest charges were filed, 1-Aggravated Family Offense, 1-Criminal Contempt 2nd-Court Order, 4- Aggravated Unlicensed Operation of a MV-3rd, 10-Suspended Registration, 1-Execute Bench Warrant, 1 Arrest Warrant, 6 Motor Vehicle Accidents were handled, 2 with injuries, none involving deer. Four of these accidents occurred at the 34 following intersections: 1. Hanshaw Rd. and E. Upland Rd., 2. Cayuga Heights Rd. and Kline Rd. and 3. Hanshaw Rd. and The Parkway, 4. Hanshaw Rd. and Triphammer Rd. The remaining accidents occurred at 1. The 100 Block of Pleasant Grove Rd., 2. Parking lot of Kendal at Ithaca. There were no other incidents involving deer reported. 9 calls for service were completed under the Tompkins County Mutual Aid Agreement, all involving CHPD officers assisting other agencies. Over the course of the month, Officers took part in the following training and/or events: On the 7th Officer Manheim executed a PTS Detail. On the 24th Officers Langlois and Trimm took part in STOP DWI High Visibility Enforcement Detail. Lastly on the 3rd, 14th and 29th, Officers Barr and Langlois completed Commercial Vehicle Inspection Details assisted by NYS DOT Level 3 Inspectors. The full-time officers worked a total of 16 hours of overtime and the part-time officers worked a total of 161 hours. Sincerely, Chief Jerry Wright 35 EXHIBIT 2024-122 Village of Cayuga Heights Mike Wiese – B.O.T Report December 20th, 2023 Code Enforcement – Year to date – 140 Building permits have been submitted for review Year to date – 96 Building permits issued 13 Zoning permits issued 12 Right of Way permits issued Water – Received a call on November 13th regarding a water main break in the area between Kelvin Place and Triphammer Road. Upon investigation we found a break in the water main off the roadway. The repair was made quickly and the issue was resolved Sewer – Continue coordinating with Eastech to implement portable sewer meters. These meters are now cellular activated and can be read remotely. With the meters installed we are now working with TG Miller to monitor the flow rate. 36 EXHIBIT 2024-123 Clerk’s Report: Resolution: Approval of the 2023 and Future Amendments to the Municipal Cooperative Agreement for the Greater Tompkins County Municipal Health Insurance Consortium GTCMHIC) WHEREAS, The (municipality) Village of Cayuga Heights, as a member of Greater Tompkins County Municipal Health Insurance Consortium (GTCMHIC), must approve any changes to the GTCMHIC Municipal Cooperative Agreement (MCA) by resolution, and WHEREAS, GTCMHIC must amend the MCA annually when any new members are approved at the Annual Board of Directors meeting, and WHEREAS, from time-to-time other changes are made to the MCA as necessary and when changes are made, they are reported at the Annual Meeting with membership approval, now therefore be it, RESOLVED, until rescinded by resolution our current presiding elected official is approved to sign, without further action, any GTCMHIC MCA updates that have been advanced at the GTCMHIC Board of Directors meetings and approved by the Department of Financial Services, and FURTHER RESOLVED, The GTCMHIC is directed to keep this resolution on file to accompany any current presiding elected official signatures to amended MCA changes. 2023 Municipal Cooperative Agreement Signature IN WITNESS WHEREOF, the undersigned has caused this Agreement to be executed as of the date adopted by the Greater Tompkins County Municipal Health Insurance Consortium Board of Directors and subsequently adopted by the Municipal Corporation named below. Village of Cayuga Heights Municipal Corporation Linda Woodard Mayor Printed Name of Chief Elected Official or Chief Office Title Signature Date