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HomeMy WebLinkAbout2.21.2024 Agenda1 Zoom Link 4118425407 Village of Cayuga Heights Board of Trustees Monthly Meeting February 21, 2024 7:00 p.m. 1. Call To Order EXHIBIT/PAGE 2. a. Approval of January 17, 2024 Meeting Minutes 2024-133 pgs. 2-13 3. Report of the Fire Superintendent Tamborelle: Submitted Report 2024-134 pg. 14-15 4. Privilege of the Floor: 5. Report of Treasurer Dolch: Submitted Report 2024-135 pgs. 16-17 6. Report of Mayor Woodard: a. VCH Annual Court Report By Justice Galbreath 2024-136 pgs. 18-26 b. Property Maintenance Update: 7. Report of The Trustees: 8. Report of Superintendent of Public Works Cross: Submitted Report a. Walking Safe Budget Update 2024-137 pg. 27 b. GHD- Blue Heron Change Order 2024-138 pg. 28 9. Report of Police Chief Wright: Submitted Report 2024-139 pgs. 29-30 10. Report of Director of Public Works Wiese: Submitted Report 2024-140 pgs. 31-33 11. Report of Clerk Walker: Submitted Report 2024-141 pg. 34 a. 509 Wyckoff Rd Address Resolution 12. Report of Attorney Marcus: 13. Adjournment 2 EXHIBIT 2024-133 VILLAGE OF CAYUGA HEIGHT January 17, 2024 Zoom ID # 4118425407 BOARD OF TRUSTEES 7:00 p.m. MONTHLY MEETING Present: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Robinson, and Salton; Village Engineer B. Cross; Director of Public Works Wiese; Police Chief Wright; Treasurer Dolch; Attorney Marcus; Clerk Walker. Absent: Trustee Rennekamp 1. Call to Order: Mayor Woodard calls the meeting to order at 7:01 p.m. 2a. Approval of the December 20, 2023 Meeting Minutes (Exhibit 2024-124) Resolution: 9527 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the December 20, 2023, Board Meeting Minutes as presented. Motion: Trustee Biloski Second: Trustee Salton Ayes: Mayor Woodard; Trustees: Bilsoki, Hubbell, Marshall, Robinson, and Salton Nays: none Abstentions: none Motion Carried 3. Report of Fire Superintendent Tamborelle: Submitted Report (Exhibit 2024-125) •Fire Superintendent Tamborelle states that the department ended 2023 with 624 calls for service which is about seventy-five calls above the previous year. •Fire Superintendent Tamborelle states he has started the NYS Grant application for the twenty-five air packs that the station is looking to replace. •Fire Superintendent Tamborelle states that the Annual Installation Banquet will be held on April 13, 2024, at Lake Watch. •Mayor Woodards asks about the Lansing fire the department was called in to assist with. •Fire Superintendent Tamborelle states that they were called to Lansing for a working apartment fire on Uptown Road. E203 and we arrived on the scene within 5 minutes after dispatch to find a fully involved second-floor apartment fire with flames extending out of the back of the building. 3 •Fire Superintendent Tamborelle states that the E203 crews rapidly deployed a handline to the back of the building to initiate an exterior attack while two other crews prepared to attack the fire from the front door. Due to a building design feature that we were unaware of the fire had extended into an exterior architectural feature. of the structure and extended from the second floor to the building past the third floor on the exterior of the building and got into the roof line. This caused the fire to spread to the roof and then involved the third-floor apartments. 4. Privilege of the Floor: No members of the public wished to speak 5. Report of Treasurer Dolch: Submitted Report (Exhibit 2024-126) •Treasurer Dolch states that the December month-end bank-to-book reconciliation is complete and has been signed off by Deputy Treasurer Rennekamp. •Treasurer Dolch states that the budget worksheets for FY2025 have been sent to all department heads and BOT members as shared documents for A (General), F (water), and G (sewer) Funds. She would like entries for each account to be made by the person responsible as soon as possible. •Treasurer Dolch states that The budget workshop will be on Saturday, March 16th at 9:00 a.m. at Marcham Hall. •Treasurer Dolch states that we have been invoiced from NYPA for the Village LED Streetlights in the amount of $215,003.22. The Finance team recommends that we pay the budgeted $30,000 reallocate $70,000 from ARPA funds and pay the balance from the fund balance. •Mayor Woodard states that the team looked at financing the whole amount but with interest rates at 7% fixed it does not make sense. Resolution: 9528 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves reallocating $60,000 from the ARPA Marcham Hall Chimney project and $10,000 from ARPA Hydrant Flushing to ARPA Street Lights for a total amount of $70,000 in ARPA funds. Motion: Trustee Hubbell Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Bilsoki, Hubbell, Marshall, Robinson, and Salton Nays: none Abstentions: none •B. Cross states that the Chimney work could be done for much less and it is just a matter of finding a mason company to come give us a cost analysis for the repair. •Mayor Woodard states that the ARPA money has to be spent before the end of this year. Motion Carried 4 Resolution: 9529 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves reallocating $115,003.22 from the Fund Balance to NYPA Streetlights (A5182.410) Motion: Trustee Biloski Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Bilsoki, Hubbell, Marshall, Robinson, and Salton Nays: none Abstentions: none Motion Carried •Treasurer Dolch states that the only thing remaining on her report is the approval of the Abstract. Approval of Abstract 8: Resolution: 9530 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Abstract #8 for FYE2024 consisting of TA vouchers #54-61 in the amount of $15,759.96 and Consolidated Fund vouchers #529- 606 in the amount of $568,999.40 and the Treasurer is instructed to make payments thereon. Motion: Trustee Robinson Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Bilsoki, Hubbell, Marshall, Robinson, and Salton Nays: none Abstentions: none Motion Carried 6. Report of Mayor Woodard a.Public Hearing on Proposed Local Law F of the year 2023. -Mayor Woodard opens the Public Hearing at 7:15 p.m. •Hearing no one wishing to speak -Mayor Woodard closes the Public Hearing at 7:15 p.m. •Mayor Woodard states that some language in the current Village Zoning Law Code is obsolete when it comes to site plan review and subdivisions. 5 Resolution: 9531 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). SECTION V SUPERSEDING EFFECT 6 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. BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees adopts Proposed Local Law F of the year 2023 as Local Law 1 of the year 2024. Motion: Trustee Biloski Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Bilsoki, Hubbell, Marshall, Robinson, and Salton Nays: none Abstentions: none Motion Carried b. Budget Schedule: •Mayor Woodard states that we will follow the same procedure as last year. She would like to propose holding the Village FYE 2024-2025 Budget Workshop on March 16, 2024, from 9:00 a.m. to Noon at Marcham Hall. Resolution: 9532 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees hereby schedules a Public Meeting on the Proposed FYE 2024-2025 Village Budget to be held on March 16, 2024, from 9:00 a.m. to Noon at Marcham Hall. Motion: Trustee Biloski Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Bilsoki, Hubbell, Marshall, Robinson, and Salton Nays: none Abstentions: none Motion Carried 7 c. Sidewalk Projects Update: The Village is close to starting the Walking Safe Cayuga Heights Sidewalk Project next spring and begin design plans for the Cayuga Heights Road Sidewalk Project. •B. Cross states that Bothar Construction LLC which was awarded the Walking Safe Sidewalk Project is ready for Fisher and Associates to open discussions on the scope of services for the remaining sections of the project that have not been part of the base bid of $382,000. •B. Cross states that the goal now would be to present three options; 1. How much work can be done with the exact amount of the budget that we have agreed to? 2. How much more money over that amount would we have to produce to complete the structural aspect of the work (DPW to do the rest) all the way to Cayuga Heights Road? 3. Would be to have the cost to have the contractor do all the work. •Mayor Woodard would like to know when this project will be completed and will continue to employ Fisher and Associates to oversee the work. •B. Cross states that the goal is to complete this project before next September and Fisher and Associates is still working on this project even though we do not have a contract for the scope of services for the remainder of this project. •Village Attorney R. Marcus inquires why Fisher and Associates have not shown interest in producing a contract. •B. Cross states that he is not sure why but assumes that one will be drawn up soon. •Trustee Salton states that he feels like there is more information that is not being talked about and wants to know what the normal timeline is for a project at this stage. •B. Cross states that the consultant (Fisher and Associates) would provide a scope of services contract for the Board to approve. •Village Attorney R. Marcus states that his concern is that without a contract there are no indemnification provisions to protect the Village if the contractor does something wrong that burdens the Village financially. •Trustee Robinson states that Fisher and Associates has not been up to our standards on this project and the question now is do we keep them or not for the last part of this project. •B. Cross states that we might want to enter into an executive session to discuss this in more detail. •Village Attorney R. Marcus states that the Village can enter into Executive session for reason (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 •The Board enters into Executive Session at 7:29 p.m. Resolution: 9533 8 WHEREAS: The NYS Open Meeting Law §105 prescribes matters for which a public body may conduct an executive session; and, WHEREAS: Upon a majority vote of its total membership, taken in an open meeting pursuant to a motion identifying the general area or areas of the subject or subjects to be considered; and, WHEREAS: The conduct an executive session for these enumerated purposes only, provided, however, that no action by formal vote shall be taken to appropriate public money: THEREFORE, BE IT RESOLVED THAT An Executive Session of the Village of Cayuga Heights Board of Trustees has been conducted for the purposes of subsection (F) the medical, financial, credit, or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation. Motion: Trustee Salton Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Bilsoki, Hubbell, Marshall, Robinson, and Salton Nays: none Abstentions: none Motion Carried Resolution: 9534 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees exits Executive Session and returns to an open meeting at 7:50 p.m. Motion: Trustee Marshall Second: Trustee Salton Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Robinson, and Salton Nays: none Abstentions: none Motion Carried •B. Cross states that the Cayuga Heights Road Sidewalk Project is moving forward. Last week they had a project kick-off meeting with Hunt Engineering and NYSDOT. •B. Cross states that Hunt Engineering has a consultant (Lou Engineering) who will be responsible for the environmental field surveying. •B. Cross states that we are still looking to complete the design plan by August of 2025, which builds in time for the temporary Right of Way easements and construction done in 2026. d. Property Maintenance Taskforce Update: •Mayor Woodard states that the group is hoping to have a final draft of the changes available to the Board at the February meeting and then schedule the Public Hearing for March 20th, 2024. 9 •Mayor Woodard states that next month the group will be working on definitions of meadows, pollinator gardens, and where if anywhere they would be allowed. e. Street Light Maintenance Contract: •Mayor Woodard states that the NYPA maintenance contract is up for renewal. •Mayor Woodard states that the Village Public Works and Finance Committee have both discussed this renewal and have decided not to renew this agreement. The groups agreed to find someone local who could be available in a timely manner. •Trustee Salton states that his concern would be if we do not use NYPA will the Village miss modern technology or upgrade to the LEDs we currently have? •Mayor Woodard states that NYPA is more of a middleman in this process. We are now at the point where we need to use them. •B. Cross states that the next evolution in street lighting will be when the Public Service Commission (PSC) decides they are going to force NYSEG or other suppliers to all billing through individual meters. 7. Report of the Trustees: No reports at this time. 8. Report of Superintendent of Public Works Cross: a. Culvert Project on Cayuga Heights Road (Renwick Brook) •B. Cross states that the large diameter culvert that conveys Renwick Brook under Cayuga Heights Road is in serious need of replacement. Last year, the Village applied for an NYSDOT Bridge-NY grant (100% reimbursement program) to help pay for an estimated $1,250,000 cost for a full replacement project. Unfortunately, the NYSDOT did not have enough funds to pay for projects over $1,000,000, so our project did not get funded. •B. Cross states that since then, NYSDOT has announced another round of Bridge-NY funding programs for projects up to $1,500,000. T.G. Miller was the consultant who previously helped us put the application together. They are available to help us again and think it will only take about $1,000 of their time to re-package the documents so that they will be updated to the new application. •B. Cross states that he will need a resolution authorizing him or Mayor Woodard to sign the application. Resolution: 9535 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes Mayor Woodard and or Village Engineer Brent Cross to sign the NYSDOT Bridge NY Grant Program Application Motion: Trustee Biloski Second: Trustee Hubbell 10 Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Robinson, and Salton Nays: none Abstentions: none •B. Cross states that he is confident that our application is more robust than last year with the updated work T.G. Miller has completed and letters of support from neighbors adjacent to the project. Motion Carried b. Intermunicipal Code Enforcement Contract with the City of Ithaca: This agreement has been in place since 1995 and is up for renewal. •B. Cross states that this agreement allows the City of Ithaca to conduct fire inspections for certain properties that cross Village boundaries. Resolution: 9536 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes Mayor Woodard to sign the Intermunicipal Fire Safety Inspection with the City of Ithaca with a new agreement to include fixing the typographical errors and a clause that the contract will automatically renew each year. Motion: Trustee Hubbell Second: Trustee Marshall Ayes: Mayor Woodard; Trustees: Bilsoki, Hubbell, Marshall, Robinson, and Salton Nays: none Abstentions: none Motion Carried 9. Report of Police Chief Wright: Submitted Report (Exhibit 2024-130) •Chief Wright states that Sergeant Manning has painted all the trim and walls in the patrol office. The flooring should be delivered in a couple of weeks. •Chief Wright states that he is appreciative of the building upgrades to his department through the Marcham Hall budget line. •Chief Wright states that there is no update on when the new patrol vehicle will be completed from Bush Electronics. •Chief Wright states that the department has put in for a grant to replace the patrol radios. They will know the outcome in the next few days. •Mayor Woodard asks Chief Wright why there was a noise violation for children playing outside. 11 •Chief Wright states that the officers use their discretion on calls like this. We have to gather as much information as possible before we respond to the parties involved. 10. Report of Director of DPW Wiese: Submitted Report (Exhibit 2024-131) •Director Wiese states that P. Potter retired from the DPW at the end of the year with sixteen years of service. He was a dedicated employee, and we will all miss him. •Director Wiese states that with P. Potter retired he would like to promote Terry. O’Pray from his current position as a laborer with a CDL to the position of Motor Equipment Operator. Resolution: 9537 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves promoting Terry O’Pray from Village Laborer with a CDL to the position of Motor Equipment Operator at the hire rate of $26.24. Motion: Trustee Marshall Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Bilsoki, Hubbell, Marshall, Robinson, and Salton Nays: none Abstentions: none Motion Carried •Director Wiese states that there will be a company coming in next week to line nine manholes that are allowing groundwater to seep into the sanitary sewer lines. The manholes involved are primarily in the old part of the Village. •Director Wiese states that T.G. Miller has completed the report for the I-Trackers. This is a move in the right direction for determining the sources of our I & I. •Director Wiese states that he has a new plan for the aging Village Garbage Truck. There is a larger plow truck that is due to come this summer (F-650) and the plan is to keep the older truck it is replacing, remove the box on that truck, and add a new garbage hopper instead of a standard dump box. •Director Wiese states that he would like to ask for a resolution approving a Purchase Order for the hopper •Trustee Robinson states that he would like to know the expected life of the truck with the new hopper and what would be the expected life of the hopper itself. •Director Wiese states that a hopper can last thirty years or so. The only reason the one truck has a bad box is because when it was installed, they never installed a fender well to protect the hopper. Since noticing that we have made sure all our vehicles have some sort of plastic wells to protect the boxes and hoppers. •Director Wiese states that this money will come from next year’s budget. 12 Resolution: 9538 BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves the Purchase Order to Hacker’s Packers for one garbage truck hopper in the amount of $71,402.00 P.O. Number 6038. Motion: Trustee Salton Second: Trustee Robinson Ayes: Mayor Woodard; Trustees: Bilsoki, Hubbell, Marshall, Robinson, and Salton Nays: none Abstentions: none Motion Carried •Director Wiese states the DPW is still working on a recent technology for the cutting-edge for the plow trucks. The original idea did not work for our roads, so we are now trying to use a firm rubber that has plastic built into it. The idea for this process is to have a better way to move snow off the roads which will allow us to use less salt on the Village roads. 11. Report of Clerk Walker: Submitted Report (Exhibit 2024-132) •Clerk Walker states that he does not have any action item for the Board tonight. •Clerk Walker states that this will allow all participants to have on file a general resolution supporting the additional members or for any MCA changes. •Clerk Walker states that the office will be launching a Public Clerk QuickPay link for our website soon. This will allow us to receive payments for permits at the time of submission. •Clerk Walker states that we are participating in the National Nutrition Month (March) where we will have a food drive and collect donations here at Marcham Hall. This is in conjunction with the Greater Tompkins County Municipal Health Insurance Consortium. •Clerk Walker states that March 15th, 2024 will be Village Employee Appreciation Day. We will hold lunch in the CHFD Bays from 11:00 a.m. to 1:00 p.m. At this gathering, we will also honor Justice Galbreath, Court Clerk P. Kannus, Trustee J. Marshall, and former DPW member P. Potter. We will also be acknowledging other staff members for their years of service. 12. Report of Attorney R. Marcus: No report at this time. 13. Executive Session: Resolution: 9539 WHEREAS: The NYS Open Meeting Law §105 prescribes matters for which a public body may conduct an executive 13 session; and WHEREAS: Upon a majority vote of its total membership, taken in an open meeting pursuant to a motion identifying the general area or areas of the subject or subjects to be considered; and, WHEREAS: The conduct an executive session for these enumerated purposes only, provided, however, that no action by formal vote shall be taken to appropriate public money: THEREFORE, BE IT RESOLVED THAT An Executive Session of the Village of Cayuga Heights Board of Trustees has been conducted for the purposes of subsection (F) the medical, financial, credit, or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation. Motion: Trustee Marshall Second: Trustee Hubbell Ayes: Mayor Woodard; Trustees: Bilsoki, Hubbell, Marshall, Robinson, and Salton Nays: none Abstentions: none Motion Carried 14. Adjournment: Mayor Woodard adjourns the meeting at 8:54 p.m. 14 EXHIBIT 2024-134 February 21, 2024 Honorable Linda Woodard Board of Trustees Village of Cayuga Heights Monthly Report January 2024 We started out 2024 with one of the busiest months we have ever had. There was a total of 63 calls in January. We had 35 calls in the Village of Cayuga Heights, 24 calls in the Town of Ithaca and 4 mutual aid requests. There were 36 EMS calls and 27 fire responses. We were able to cover all these calls with the staff we had in town during the winter break when many of our members were gone. Early in the month we received a call for a person who had fallen through the ice at one of the ponds at the Cornell Plantations. We responded several units only to find on arrival that the person had walked out onto the thin ice and broken through only a short distance from the shore and was standing in the water up to her knees looking for a bag she had dropped into the water. In the middle of the month, we had a high wind condition in the area that caused several calls for trees to fall down. We were requested to a residence on Texas Lane for a tree on a house. On arrival we found that a tree had come down in the back yard and had grazed the side of the house causing some minor damage. Luckily this was the only structural call for that storm. Training in January started back up slowly as everyone returned to town. We continued to work with the fall recruits to finish their checklist work and get them off their probationary status. We purchased a new piece of equipment in January and trained on it and put it in service. We have always had an air chisel on E203 for rescue purposes. The air chisel allows us to cut into metal or break through stone if needed. Fortunately, we train with this piece of equipment often but rarely use it outside of training. It is a bulky piece of equipment with many parts that need to be assembled including an air bottle, regulator, hoses and then the chisel itself. All of this takes up a significant amount of room on the engine. We purchased a battery powered hammer chisel that takes up very little room on the truck and does the same job as the air chisel without all the extra steps to set it up, put in the battery and the bit and start using the tool. Our members are very pleased to have this. We will purchase a second unit and place it on E202 now that we know it works well. We are working with an instructor in Cortland County to schedule a CPR instructors’ class sometime this spring at the station. We have many members who are interested in taking the class and getting our community CPR program running again. We held our annual OSHA training the last weekend in January. We got all the topics covered including our annual refresher on Sexual Harassment, Anti- Discrimination and Violence in the Workplace. The grant application for the new air pack system has been submitted to New York State. The application deadline was in April. There is no timeline for the approval process, so we are waiting to hear back from the state. The air pack project was put into the FY 24/25 budget in case we do not get the grant. The fire department’s budget has been submitted for the upcoming year. Please contact me with any questions about the items placed in the budget. We did find that the cost of turnout gear did go up again this year, but we are pleased that the turnaround time from order to delivery has gone from 12 months back to 4 months. This is where we were for delivery after order pre Covid. We did have our fire alarm system serviced in the fall and were informed that our system is obsolete, and parts are becoming unavailable to keep it online. We did get a quote from a local vendor to replace the system. We have been replacing portable radios for several years and this year we are coming close to being done with the portables and are starting to replace the truck mounted mobile radios. We are one of the only departments being proactive with radio replacement currently. The portables and mobile radios that came 15 in the first order around 15 years ago are aging out and are not able to be serviced anymore. Many departments are scrambling to replace the radios and are finding the cost to be exorbitant. We have decided to not run a spring recruit class. We have retained almost all the members from the fall class. About half of the class has finished their probationary checklists and many of them are enrolled in one of the counties BEFO classes. We currently have 9 members in the EMT class at the station. While the recruitment classes in the past have been motivated, we have found that the last two that we have run have had a great retention rate. The members from last year’s class have really been involved in motivating this year’s recruits to work hard. It is good to be fully staffed again at the station. Sincerely, George Tamborelle Fire Chief/Fire Superintendent 16 EXHIBIT 2024-135 VILLAGE OF CAYUGA HEIGHTS TREASURER’S REPORT February 2024 Revenues and Expenses: January 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. Budget Review: The budget worksheets for are nearly complete for A (General), F (water) and G (sewar) Funds. The department heads have filled in most entries with their proposed budgets and most committees have met to discuss these numbers. The budget workshop will be on Saturday, March 16th at 9 am in Marcham Hall. Approval of Abstract 9: BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Abstract #9 for FYE2024 consisting of: • TA vouchers #62-69 in the amount of $15,041.03 and • Consolidated Fund vouchers #607-690 in the amount of $425,007.61 and the Treasurer is instructed to make payments thereon. Respectfully Submitted Laura W. Dolch Treasurer 17 18 EXHIBIT 2024-136 2023 ANNUAL REPORT VILLAGE OF CAYUGA HEIGHTS COURT 19 ANNUAL REPORT OF GLENN G. GALBREATH, VILLAGE JUSTICE There were just a few issues to highlight for 2023. The influence of the Covid 19 pandemic on the court system continues to lessen, but we still try to screen court attendees in order to reduce the potential for the spread of Covid or other communicable diseases. There was a significant increase in the number of Vehicle and Traffic Law (V+TL) offenses. The numbers rose more than 40%, from 661 in 2022 to 992 in 2023. The number of dismissed cases increased almost 80%, from 340 in 2022 to 626 in 2023. Total funds collected increased more than 15%, from $46,990 in 2022 to $54,175 in 2023. Civil and criminal case numbers stayed about the same. Following the summary of data immediately below is a narrative about the data and other court activities for the year. The charts at the end provide more detail and cover six years. SUMMARY OF CASE ACTIVITY Case Types 2022 2023 Vehicle + Traffic Law (V+TL) 661 979 (including parking) Penal/Criminal Law 16 13 Civil/Small Claims/Evictions 2 0 Total Closed Cases 679 992 Total Funds Collected $ 46,990 $ 54,175 Number of V+TL Trials 5 5 After-hours arraignments for other courts 40 35 The case numbers reported do not show all the cases on which we worked. Because of the manner by which the computer program collects case information, our data reflect only those cases that are closed during a calendar year and not the number on which we worked, which would be higher. Nor do they include felonies which begin in our court but are closed by the County Court. For the last several years our annual number of all case types closed has been in the mid-600's, but jumped to 992 cases in 2023 which was common a few years back when we usually had about 1,000 per year. Covid may have played a role in the ups and downs. V+TL cases A couple areas where there were significant changes in V+TL case numbers were: 20 - Alcohol related driving offenses [driving with ability impaired (DWAI), driving while intoxicated (DWI), and aggravated driving while intoxicated (ADWI)] are usually criminal V+TL cases and typically involve post conviction court monitoring. There were several on which we worked in 2023, but none officially closed that year. In the past six years the numbers of such cases closed in those years ranged between 1 and 17, so maybe we should be encouraged by having none in 2023. - Failure to obey traffic control device (FTOTCD) convictions increased 20% from 133 in 2022 to 160 in 2023. This charge is generally used as a catch-all charge which covers a variety of somewhat more serious V+TL infractions and is frequently used by police officers to give defendants a break on the street. The penalties for this charge are a bit lower and the charge is often used by the prosecution in plea bargains. - The number of dismissed cases increased almost 80%, from 340 in 2022 to 626 in 2023. I would attribute that primarily to the fact that the police are routinely ticketing people for having expired inspections, vehicle registrations and driver’s licenses. If the defendant then quickly shows proof that they quickly corrected what might be considered a “paperwork violation,” the prosecution and Court typically agree to dismiss the case. The result is that the defendant quickly fixes the paperwork problem and thereby does not suffer a significant penalty. There was a large jump in “scoffed” V+TL cases from 2021 (0), to 2022 (77), and then to 2023 (286). A “scofflawed” case is one where the defendant failed to appear. After repeated attempts to get a defendant to appear in court, the Court Clerk would report this to the NY Department of Motor Vehicles (DMV) and then DMV would warn the defendant that his/her license is to be suspended or revoked unless the defendant appears in court and resolves the case. But during the Covid pandemic the legislature limited this remedy significantly and we started having a backlog of unresolved cases. We are now permitted to be a little more assertive about scoffing defendants who have not appeared and resolved their tickets. We hope the unresolved “scoffed” case numbers will start to decrease. Plea Bargaining Use of the electronic plea bargaining process through the District Attorney’s (DA) website has caused many defendants to ask for reductions in the nature of the charges against them. Also, the police tend to follow the DA’s official guidelines when the police engage in plea bargaining. The reductions offered by the DA’s guidelines tend to be fairly forgiving, e.g. a four point speeding charge at 19 mph over the speed limit even in a school zone could be settled by the defendant pleading guilty to a zero point ticket for “opening a door unsafely.” But plea bargains must also be agreed to by the Court as well as the prosecution and defendant. Therefore, notwithstanding the common practice in many courts of routinely accepting any plea bargain that the prosecution and defendant agree to, I try to closely examine the appropriateness of each individual plea bargain before I accept or reject it. Penal/Criminal Cases (See attached chart.) The Penal/Criminal Law category includes local and state law infractions, misdemeanors and felonies. Generally, these are more serious than most V+TL matters and take more time. Our official data collection 21 shows we had 13 closed in 2023 which is fairly consistent with the past. Infractions are the lowest level of criminal cases, and the penalty is rarely more than a small fine. Misdemeanors and felonies are more serious and create a formal and permanent criminal record for a defendant. Not counted in the Penal/Criminal Cases statistics, even though many are also misdemeanors or felonies, are some of the more serious V+TL offenses, e.g. DWI, ADWI, reckless driving, aggravated unlicensed operation (AUO), leaving the scene of an injury accident, etc. Those misdemeanor V+TL cases appear only in the V+TL statistics chart. The most serious charges, felonies, do not appear in our statistics at all, but an informal count shows that we had about 7 in 2023. Again, our computer program only identifies cases that are closed with a conviction or dismissal in our court. Vehicle and Traffic Trials (See attached chart.) The number of traffic offense trials (5) is low compared to the recent past and much lower than in the more distant past. These numbers reflect only the trials for V+TL offenses. The data does not include criminal trials or civil trials, such as the jury trial we repeatedly attempted to hold in 2022 and 2023. Again this is due to a limitation in our computer program’s data collection. Often trials are scheduled but then the defendant changes her/his mind at the last minute and pleads guilty, thus mooting the need for a trial. Civil, Small Claims and Eviction Cases (See attached chart.) Both the Civil and the Small Claims case categories concern non-criminal and non-V+TL matters. They involve private disputes between people or organizations. They are not actions brought by the government against a person for violation of the law. The "Civil Docket" is technically different from “Small Claims.” Both have the same maximum monetary jurisdiction of $3,000, but Small Claims cases use an expedited procedure that is simpler, less expensive and more accessible, especially for people without attorneys. Civil and Small Claims cases make up the smallest number of cases and in 2023 we had none. When we do have them, they tend to be time consuming and often result in longer trials and written opinions. The court routinely refers the parties to the Community Dispute Resolution Center for mediation as soon as the case is filed with the court, but does not delay the court proceedings while mediation is being considered or used unless the parties agree to a delay. Collection of fines and surcharges (See attached chart.) We collected $54,175 in 2023, which was an increase of more than 15% from the $46,990 we collected in 2022. Again, the waning influence of the Covid epidemic may have played a role in the increased collections. At the same time, though, the amounts unpaid and owed by defendants owed cumulatively over the decades has also increased significantly. In 2022 defendants still owed the court $20,725 and that figure rose in 2023 to $37,855. Central Arraignment Part (CAP.) - The procedure for judges’ covering after-hours arraignments at the Jail for courts across the county You may recall from prior reports that I am required to provide after-hours coverage for other courts in Tompkins County when those other courts are not in session. This is basically all hours of the day or night other than Monday through Friday from 8:30 AM to 4:30 PM. The system has been in operation for a couple years, is running fairly efficiently, and I am on call about 5 to 7 days a month and actually have to hold court for these 22 after- hours arraignment on average of about 3 days a month (35 times in 2023). The big advantage of this system is that judges, defense attorneys and Assistant District Attorneys do not get called out in the middle of the night. Instead, court is held at 8:00 AM and 8:00 PM. More important, arresting officers simply drop off the defendant at the jail, the jail holds the defendant until the next 8:00 AM or PM court session, and the police officers are quickly returned to the street. The disadvantage is that depending on the time when the defendant is arrested, s/he may sit in the jail for as many as 12 hours until the next 8:00 AM or 8:00 PM court session. This is effectively the system they have used downstate and the City of Ithaca for decades. Other activities Other activities that do not appear in our data reports include: review of search and fugitive warrants and arrest/bench warrants, pretrial hearings, status conferences, motion hearings/arguments, orders of protection, declarations of delinquency and re-sentencings, preliminary felony hearings, non-V+TL trials, hearings on violations of probation, legal research, drafting opinions, sentencings, and the above-mentioned county-wide after-hours arraignments and orders of protection. All are time consuming and important activities, but collecting the data on them is not automatic with our computer program. Also, not included in the data are the dozens of hours Court Clerk, other Village staff and I expended on preparations for the jury trial that ended up getting postponed repeatedly. Patricia Kannus, the Court Clerk, attended her mandated clerkship training for 2023. I also finished my required two days of Advanced Continuing Judicial Education Program for town and village justices in 2023. I continue to be a member of the New York State Advisory Committee for Judicial Ethics and attend seven meetings in New York City each year where we produce the 100-200 ethics opinions the Committee issues annually. These opinions are published in response to inquiries from New York judges before they act on matters which raise ethical concerns. If the judge follows the written opinion, s/he is presumptively protected from prosecution for a violation of the Rules for Judicial Ethics. The court’s 2023 financial audit is being completed and the draft appears to be wholly unremarkable. Change of personnel. Both Pat Kannus and I have announced that we each will be fully retiring from our positions with the Village on Match 31, 2024, and we assume that our successors will begin on April 1, 2024. We are working to make the transition as smooth as possible. Both Pat and I want to particularly thank the Mayor, Trustees, Clerk , members of the Police Department, and all the other Village staff who have been so supportive of the Court’s mission and of Pat and me personally. You each have made every effort to ease our burdens, and we could not be happier about the opportunity you provided us in serving the Village. Thank you, and we wish you all the very best. Conclusion Should you have any questions or comments, please contact me or Pat. Further, I remind everyone that the court sessions are held every Tuesday evening starting at 5:00 PM and the first Thursday of every month starting at 5:00 PM. The public in general, and you in particular, are 23 Dated: February 12, 2024 Respectfully submitted, Glenn G. Galbreath Village Justice VEHICLE + TRAFFIC CASES (V+TL - most are not misdemeanors or felonies) OFFENSE (generally infractions) 2018 2019 2020 2021 2022 2023 speeding 42 108 65 42 46 36 speeding in school zone 4 20 4 4 3 8 stop sign 2 7 3 2 4 1 fail to obey traff. control device 164 169 87 115 133 160 DWAI (driv. with ability impaired) 3 2 0 3 2 0 DWI (driv. while intox. - misd. or felony) 0 0 1 3 2 0 ADWI (aggravated DWI - misd. or felony) 0 0 0 3 1 0 fail to keep right 8 7 3 5 2 2 no passing zone/follow to closely 0 4 1 0 1 1 AUO (aggrav. unlicens. oper. - misd.) 2 2 3 4 0 0 unlicensed operation 6 22 10 14 7 5 unregistered vehicle 4 16 4 9 11 11 uninspected vehicle 5 5 3 4 3 5 equipment violation 9 5 1 2 1 1 seatbelt 3 8 5 7 3 8 commercial traffic law (new in 2019) 0 6 9 5 13 12 cell phone 3 11 11 7 2 4 opening door unsafely 0 0 25 49 49 56 other 14 25 2 7 6 2 TOTAL V+TL CONVICTIONS 269 417 237 285 289 317 TOTAL DISMISSED 381 466 384 303 349 626 ACD (see below) 4 6 9 7 3 2 PARKING TICKET CONVICTIONS 49 26 37 29 20 34 TOTAL V+TL/PARKING CASES 651 883 676 631 661 979 SCOFFLAWED CASES (see below) 133 162 22 0 77 286 24 LIFTED LIC. SUSPNSN. (see below) 1 10 3 1 1 2 V+TL TRIALS 6 8 1 9 5 5 “ACD” is an adjournment in contemplation of dismissal. It is used when a defendant and prosecutor agree that the penalty imposed by a conviction is disproportionate to the actual offense and they agree to conditions which if met by the defendant would warrant dismissal of the charge. The defendant and prosecutor then must secure the judge’s agreement. “Scofflawed cases” are those where a defendant failed to appear or pay. The Court Clerk notifies the Dep’t of Motor Vehicles, which in turn suspends the defendant’s driver’s license. In serious cases the Court may also issue a warrant to arrest the defendant. “Lifted License Suspension” is a fee ($70) the State requires before license restoration. PENAL LAW CONVICTIONS (misdemeanors and infractions) OFFENSE 2020 2021 2022 2023 alcohol alcohol in the park 1 assault 1 1 aggravated harassment bad check burglary 2 crim. contempt 1 1 crim. impersonation 1 crim. mischief 1 2 crim. poss. forged instrument 1 crim. poss. stolen property crim. tampering dog ordinance 1 disorderly conduct 1 fireworks fugitive grand larceny 1 1 harassment 1 1 25 illegal; dumping menacing 1 1 motor vehicle - unlawful use open burning noise ordinance (new 2012) 1 park - after hours 1 park - lawn 1 petite larceny 1 poss. of a controlled substance 2 2 4 public lewdness rape - attempted reckless endangerment 1 1 resisting arrest scheme to defraud selling controlled substance trespass 1 unlawful imprisonment unlawful contact with a minor zoning violation other criminal 2 4 1 4 property maintenance 1 TOTAL CASES 8 10 16 13 CIVIL CASES 2018 2021 2022 2023 SMALL CLAIMS, REGULAR CIVIL + EVICTIONS 2 0 2 0 ALL FINES, FEES + SURCHARGES (CIVIL AND CRIMINAL) 2020 2021 2022 2023 COLLECTED THIS YEAR $36,812 $45,873 $46,990 $54,175 OWED BY DEFENDANTS - CUMULATIVE $26,050 $24,125 $24,125 $37,855 26 EXHIBIT 2024-137 27 28 EXHIBIT 2024-139 Village of Cayuga Heights Police Department ___________________________________________________ Jerry L. Wright Chief of Police 02/10/24 To: The Honorable Mayor Woodard Members of the Board of Trustees Village of Cayuga Heights Re: Report of the Police Department for January 2024. In the month of December, the police department received 349 calls for service. In addition to these calls, 51 uniform traffic tickets were issued, and 1 parking violation was cited. A breakdown of the calls for service is as follows: There were no Felony incidents handled. Penal Law Misdemeanors. 1 report of Theft from a mailbox is being investigated. A report of theft from a building was reported however the complainant contacted the PD stating that all of the missing items had been located. A complaint of Fraud was reviewed and found to only be suspicious in nature as no loss of property occurred. 2 other reports of Fraud were made involving individuals being exploited for money via email. A report of Criminal Mischief was filed involving damage done to signs posted on private property. Vehicle and Traffic Misdemeanors. The investigation of 3 Traffic Stops led to 3 Vehicle and Traffic Misdemeanor charges; 1 for Suspended Registration, 1 for Aggravated Unlicensed Operation of a Motor Vehicle 3rd , and 1-Display Forged Inspection Certificate. Penal Law Violations. A complaint of Harassment was made after an individual received threatening text messages. The investigating officer made contact with the suspect and advised them to discontinue contact with the complainant or face arrest. No further complaints were made regarding this matter. In a second complaint of Harassment a local business received suspicious voice messages from an unknown subject. An attempt was made to contact the caller without results. No further messages have been reported. There were no Local Law incidents reported. Mental Hygiene Law. A subject was taken into custody under the MHY 9.41 Mental Health Law after investigation of a Psychiatric Incident. The subject was turned over to hospital staff for evaluation. After receiving a call for Check the Welfare, the responding officer found the victim to be incapacitated and took them into 29 custody for treatment under the MHY 22.09 Mental Health Law. Arrest Offenses. The following 5 charges were filed by CHPD Officers: 1-Aggravated Unlicensed Operation of a MV-3rd, 1-Suspended Registration, 1-MHY9.41, 1-MHY22.09, and 1-Display Forged Inspection Certificate. Motor Vehicle Accidents. 3 property damage accidents occurred, one on Texas Lane, one on Pleasant Grove Road and the last at the intersection of Pleasant Grove Rd and Hanshaw Road. No incidents involving deer were reported. 10 calls for service were completed under the Tompkins County Mutual Aid Agreement, 8 involving CHPD officers assisting other agencies and 2 for other agencies assisting CHPD officers. Over the course of the month, Officers took part in the following training and/or events: January 8th through the 11th, Sgt. Manning acted as an instructor in (RBT) Reality Based Training. Officer Manheim attended RBT as a Trainee on the 11th, while Officer Miller attended the training on the 12th. A PTS Traffic Detail was completed on the 26th and a Commercial Vehicle Safety Inspection Detail was held on the 29th. Finally, on the 29th CHPD began installation of a new security camera system with Zufall Communications. The full-time officers worked a total of 24 hours of overtime and the part-time officers worked a total of 156 hours. Sincerely, Chief Jerry Wright 30 EXHIBIT 2024-140 Village of Cayuga Heights Mike Wiese – B.O.T Report February 21st, 2024 Code Enforcement – Year to date – 18 Building permits have been submitted for review Year to date – 7 Building permits issued 1 Zoning permit issued 1 Right of Way permit issued Street – Continue trimming around roadways and sidewalks Snow – January crew spent 143 hours of overtime for snow removal. We continue to search for new methods of snow removal which would aid in the reduction of salt usage. We have now transitioned to a rubber material with ceramic inserts which allow the blade to retain its shape while removing snow. 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. Discovered infiltration into a sewer manhole near 119 North Sunset Drive. This is a sewer main that runs off road from Cayuga Heights Road West to North Sunset Drive. Water was ponding around the manhole and entering through a hole in the top. After further investigation sink holes were found along the sewer main. We hired a contractor to come into the Village to install an interior liner through the sewer main which has been completed. To further attempt to reduce some inflow and infiltration into our sewer system we had a contractor come in into the Village to line the interior (9) manholes. This task involves cleaning the inside o the manhole, applying grout to stop any water entering the manhole and applying a rubberized material to the entire manhole to stop water infiltration into the manhole. Before 31 32 After 33 EXHIBIT 2024-141 Clerk’s Report: Updates: •Residency Waiver has been signed by Governor Hochul •Cross training on WLB Payroll and Water/Sewer is completed •We are participating in the National Nutrition Month (March) where we will have a food drive and collect donations here at Marcham Hall. This is in conjunction with the Greater Tompkins County Municipal Health insurance Consortium. •Reminder: March 15th 2024 will be Village Employee Appreciation Day. We will hold lunch in the CHFD Bays from 11:00 a.m. to 1:00 p.m. At this gathering we will also honor Justice Galbreath, Court Clerk P. Kannus, and Trustee J. Marshall and former DPW member P. Potter. We will also be acknowledging others staff members for their years of service. •March 16th 2024 from 9:00 a.m. to Noon is the 2024-2025 Budget Workshop. 509 Wyckoff Rd. 911 Address: 34 WHEREAS, the Tompkins County Department of Emergency Response (DoER) oversees emergency dispatch and communications systems that allow residents to dial 911, and; WHEREAS, 911 is the number to report a police, fire, or medical emergency that requires the immediate presence of police officers, fire fighters, or emergency medical personnel, and; WHEREAS, new address designations are approved by a municipality’s governing body. NOW, THEREFORE, BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves 509 Wyckoff Road apartment numbers as 1-14 as the new designated address in the Village of Cayuga Heights.