HomeMy WebLinkAboutFeb. 14 2011 BOT minutes.pdfFebruary 14, 2011 VCH-Board of Trustee Meeting Minutes
Page 1
Present: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely, Attorney
Gutenberger, Asst. Supt Frisbie, Fire Chief Tamborelle, Police Chief Boyce, Treasurer Silber, Clerk
Mills
Absent: Trustee Andolina, Supt Cross
Others: Judge Galbreath, Residents S. Hatcher, R. Bors, P. Shea, D. Donner, A. Bensadoun, A.
VanDeMark, M. Mindlin, S. Grubb, M. Tabacchi, and G. Tabacchi, Non-Residents M. Shoemaker, J.
Cowan, S. Teel, L. Garner, J. Stein, J. LaVeck, and E. Huang.
Mayor Supron called the meeting to order at 7:04 PM and opened the floor to Public Hearing on
proposed Local Law “B”
Public Hearings
Proposed Local Law B
- Proposed Local Law “B” of the year 2011: A Local Law establishing an exemption for
portable sheds from Zoning permit requirements of Section 20 of the Village of Cayuga
Heights Zoning Ordinance.
Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows:
Section I. PURPOSE AND INTENT.
The purpose of this Local Law is to establish exemptions for Portable Sheds (as defined herein)
from the permit requirements of Section 20 of the Village of Cayuga Heights (the “Village”) Zoning
Ordinance. The intent of this Local Law is to allow Village of Cayuga Heights' residents the opportunity
to have a Portable Shed on their property without the requirement to obtain a permit from the Village,
provided that the Portable Shed meets the requirements stated herein. Further, the intent is to specifically
allow any Portable Shed that was in existence on the effective date of this Local Law to remain in its
current location if such existing Portable Shed satisfies the requirements herein, even if it is located
within the restricted portion of a yard. However, in the event that any existing Portable Shed located
within the restricted portion of a yard is relocated or replaced in the future, it must comply with the yard
set back requirements set forth herein.
Section II. AUTHORITY.
This Local Law is enacted pursuant to the grant of powers to local governments provided for in
(i) Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the
provisions of the New York State Constitution or 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 and (ii) Section 3-300 of Village Law.
Section III. PERMIT EXEMPTION AND LEGALIZATION OF CERTAIN EXISTING
PORTABLE SHEDS.
As of the effective date of this Local Law, Portable Sheds (as defined herein) shall be exempt
from the Village of Cayuga Heights zoning permit process, specifically Section 20 of the Zoning
Ordinance. No more than one (1) Portable Shed will be allowed on any lot. The square footage of
Portable Sheds shall not be included in lot coverage calculations. Portable Sheds shall comply with the
following yard set back restrictions, measured at right angles to the property lines:
February 14, 2011 VCH-Board of Trustee Meeting Minutes
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Front Yard 25 feet
Side Yard 3 feet
Rear Yard 3 feet
For the purpose of this Local Law "Portable Sheds" shall be defined as a building or structure
that:
A. has a maximum area of 144 sq/ft, including any roof eaves or overhangs;
B. has a maximum height of 10 feet, measured from the lowest point of the grade to the peak of
the roof;
C. does not have any exterior wall greater than 8 feet in height, measured from the lowest point
of the grade to the top of the wall;
D. does not have any exterior wall greater than 12 feet in length;
E. neither has a permanent foundation nor is affixed by any means to the ground;
F. may not be occupied by persons; and
G. has no heat, electricity, air conditioning, or water service, and has no connection to any public
utility.
Any building or structure that satisfies the definition of a Portable Shed, that is located within the
required set back areas of a lot, and that is in existence on the effective date of this Local Law will be
deemed legal and may remain in its current location until the time it is relocated or replaced.
Any Portable Shed that is placed on a lot after the effective date of this Local Law shall comply
with all requirements of this Local Law.
Section IV. SUPERSEDING EFFECT.
All Local Laws, resolutions, rules, regulations and other enactments of the Village of Cayuga
Heights in conflict with the provisions of this Local Law are hereby superceded to the extent necessary
to give this Local Law full force and effect.
Section V. VALIDITY.
The invalidity of any provision of this Local Law shall not affect the validity of any other
provision of this Local Law that can be given effect without such invalid provision.
Section VI. EFFECTIVE DATE.
This Local Law shall be effective as of the date of filing with the New York Secretary of
State, except that it shall be effective from the date of 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.
R. Bors- urged the board to defer adoption of this Local Law to discuss further pending further
investigation. Most common size sheds would not comply with this proposed local law.
M. Mindlin- The Zoning Board considers sheds as buildings.
J. Cowan- The limit of one shed is too restrictive.
February 14, 2011 VCH-Board of Trustee Meeting Minutes
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Mayor Supron closed hearing on proposed Local Law “B” at 7:06 PM and opened hearing on proposed
Local Law “C” at 7:06 PM
Proposed Local Law C
- Proposed Local Law “C” of the year 2011: A Local Law Amending Article 29, Tax
Exemption – Senior Citizens, of the Village of Cayuga Heights Articles.
Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows:
Section I. PURPOSE AND INTENT.
The purpose of this Local Law is to amend Article 29, Tax Exemption - Senior Citizens, of the Village
of Cayuga Heights Articles and to implement in the Village of Cayuga Heights the terms and provisions
of § 467 of the Real Property Tax Law of the State of New York, as amended, and to thereby provide a
graduated maximum income exemption eligibility level for the granting of partial exemption from real
property taxation to certain persons sixty-five (65) years of age or over.
Section II. AUTHORITY.
This Local Law is enacted pursuant to the grant of powers to local governments provided for in (i)
Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the
provisions of the New York State Constitution or 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 and (ii) § 467 of the Real Property Tax Law of the State of New York.
Section III. TAX EXEMPTION - SENIOR CITIZENS
Article 29, Tax Exemption - Senior Citizens, of the Village of Cayuga Heights Articles is hereby deleted
in its entirety and replaced with the following:
‟SCHEDULE OF PARTIAL EXEMPTION.
A. Pursuant to the provisions of § 467 of the Real Property Tax Law of the State of New
York, real property located in the Village of Cayuga Heights owned by one or more persons, each of
whom is sixty-five (65) years of age or over, or real property owned by husband and wife or by siblings,
one of whom is sixty-five (65) years of age or over, or real property owned by one or more persons,
some of whom qualify under § 467 of the Real Property Tax Law of the State of New York, and others
of whom qualify under § 459-c of the Real Property Tax Law of the State of New York shall be partially
exempt from taxation by said Village for the applicable taxes specified in said § 467 based upon the
income of the owner or combined incomes of the owners. A person otherwise qualifying for such
exemption shall not be denied the exemption if such person becomes sixty-five (65) years of age after
the appropriate tax status date and before December 31st of the same year. For the purpose of this
Article, ‟sibling‶ shall mean a brother or sister, whether related through half blood, whole blood or
adoption. Such partial exemption shall be to the extent set forth in the following schedule:
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Annual Income of Owner or Combined Percentage of Assessed Valuation
Annual Income of Owners Exempt From Taxation
Up to $28,000.00 50%
More than $28,000.00 but less than $29,000.00 45%
$29,000.00 or more, but less than $30,000.00 40%
$30,000.00 or more, but less than $31,000.00 35%
$31,000.00 or more, but less than $31,900.00 30%
$31,900.00 or more, but less than $32,800.00 25%
$32,800.00 or more, but less than $33,700.00 20%
$33,700.00 or more, but less than $34,600.00 15%
$34,600.00 or more, but less than $35,500.00 10%
$35,500.00 or more, but less than $36,400.00 5%
B. The partial exemption provided by this Article shall, however, be limited to such property and
persons as meet the conditions, exclusions and limitations as set forth in § 467 of the Real Property Tax
Law of the State of New York. This Article shall be administered in accordance with said section of the
Real Property Tax Law, as now adopted and as it may be amended from time to time, and the provisions
of said section shall be applicable to the effectuation of the exemption provided for in this Article.
APPLICATION FOR EXEMPTION.
A. Application for such exemption must be made by the owner or all of the owners of the property on
forms prescribed by the State Board of Equalization and Assessment to be furnished by the appropriate
assessing authority and shall furnish the information and be executed in the manner required or
prescribed in such forms and shall be filed in such assessor's office on or before the appropriate taxable
status date.
B. Notwithstanding anything to the contrary provided herein, any person who has been granted an
exemption pursuant to this Article and in accordance with § 467 of the Real property Tax Law of the
State of New York on five (5) consecutive completed assessment rolls shall not be subject to the
requirements set forth in Subdivision 6 of said § 467, provided that: (1) Said person shall be mailed an
application form b y the assessing authority and a notice informing such person of his or her rights; and
(2) When tax payment is made by such person a sworn affidavit must be included with such payment
which shall state that such person continues to be eligible for such exemption, which affidavit shall be
on a form prescribed by the State Board of Equalization and Assessment. In such event, such exemption
shall be automatically granted on each subsequent assessment roll.
FALSE STATEMENT.
Any conviction of having made any willful false statement on the application for such exemption shall
be punishable by a fine of not more than one hundred dollars ($100.00) and shall disqualify the applicant
or applicants from further exemption for a period of five (5) years.‶
Section IV. SUPERSEDING EFFECT.
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All Local Laws, 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.
Section V. VALIDITY.
The invalidity of any provision of this Local Law shall not affect the validity of any other provision of
this Local Law that can be given effect without such invalid provision.
Section VI. EFFECTIVE DATE.
This Local Law shall become effective immediately and shall apply to assessment rolls prepared on the
basis of taxable status dates occurring on or after Januar y 1, 2011.
No speakers.
Mayor Supron closed hearing on proposed Local Law “C” at 7:08 PM and opened hearing on proposed
Local Law “D” at 7:08 PM
Proposed Local Law D
- Proposed Local Law “D” of the year 2011: A Local Law Establishing a Tax Exemption
for Disabled Persons with Limited Incomes.
Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows:
Section I. PURPOSE AND INTENT.
The purpose of this Local Law is to establish a partial tax exemption for disabled persons
with limited incomes and to implement in the Village of Cayuga Heights the terms and provisions of §
459-c of the Real Property Tax Law of the State of New York, as amended, and to thereby provide a
graduated maximum income exemption eligibility level for the granting of partial exemption from real
property taxation to certain disabled persons with limited incomes.
Section II. AUTHORITY.
This Local Law is enacted pursuant to the grant of powers to local governments provided for in
(i) Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the
provisions of the New York State Constitution or 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 and (ii) § 459-c of the Real Property Tax Law of the State of New York.
Section III. TAX EXEMPTION FOR DISABLED PERSONS WITH LIMITED INCOMES
“SCHEDULE OF PARTIAL EXEMPTION.
A. Pursuant to the provisions of § 459-c of the Real Property Tax Law of the State of New York,
real property located in the Village of Cayuga Heights owned by one or more persons with disabilities,
or real property owned by husband and wife or by siblings, one of whom has a disability, or real
property owned by one or more persons, some of whom qualify under § 459-c of the Real Property Tax
Law of the State of New York and others of whom qualify under § 467 of the Real Property Tax Law of
the State of New York, and whose income, as defined in § 459-c of the Real Property Tax Law of the
February 14, 2011 VCH-Board of Trustee Meeting Minutes
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State of New York, is limited by reason of such disability, shall be partially exempt from taxation by
said Village for the applicable taxes specified in said § 459-c based upon the income of the owner or
combined incomes of the owners. For the purpose of this Article, “sibling” shall mean a brother or sister,
whether related through half blood, whole blood or adoption. Such partial exemption shall be to the
extent set forth in the following schedule:
Annual Income of Owner or Combined Percentage of Assessed Valuation
Annual Income of Owners Exempt From Taxation
Up to $28,000.00 50%
More than $28,000.00 but less than $29,000.00 45%
$29,000.00 or more, but less than $30,000.00 40%
$30,000.00 or more, but less than $31,000.00 35%
$31,000.00 or more, but less than $31,900.00 30%
$31,900.00 or more, but less than $32,800.00 25%
$32,800.00 or more, but less than $33,700.00 20%
$33,700.00 or more, but less than $34,600.00 15%
$34,600.00 or more, but less than $35,500.00 10%
$35,500.00 or more, but less than $36,400.00 5%
B. The partial exemption provided by this Article shall, however, be limited to such property and
persons as meet the conditions, exclusions and limitations as set forth in § 459-c of the Real Property
Tax Law of the State of New York. This Article shall be administered in accordance with said section of
the Real Property Tax Law, as now adopted and as it may be amended from time to time, and the
provisions of said section shall be applicable to the effectuation of the exemption provided for in this
Article.
APPLICATION FOR EXEMPTION.
A. Application for such exemption must be made annually by the owner or all of the owners of the
property on forms prescribed by the State Board of Equalization and Assessment to be furnished by the
appropriate assessing authority and shall furnish the information and be executed in the manner required
or prescribed in such forms, and shall be filed in such assessor's office on or before the appropriate
taxable status date; provided, however, proof of a permanent disability need be submitted only in the
year exemption pursuant to this section is first sought or the disability is first determined to be
permanent.
February 14, 2011 VCH-Board of Trustee Meeting Minutes
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FALSE STATEMENT.
Any conviction of having made any willful false statement on the application for such exemption shall
be punishable by a fine of not more than one hundred dollars ($100.00) and shall disqualify the applicant
or applicants from further exemption for a period of five (5) years.”
Section IV. SUPERSEDING EFFECT.
All Local Laws, resolutions, rules, regulations and other enactments of the Village of Cayuga Heights in
conflict with the provisions of this Local Law are hereby superceded to the extent necessary to give this
Local Law full force and effect.
Section V. VALIDITY.
The invalidity of any provision of this Local Law shall not affect the validity of any other provision of
this Local Law that can be given effect without such invalid provision.
Section VI. EFFECTIVE DATE.
This Local Law shall become effective immediately and shall apply to assessment rolls prepared on the
basis of taxable status dates occurring on or after January 1, 2011.
No speakers.
Mayor Supron closed hearing on proposed Local Law “D” at 7:09 PM and opened hearing on proposed
Local Law “E” at 7:09 PM
Proposed Local Law E
- Proposed Local Law “E” of the year 2011: A Local Law Amending Article XII, Sewer
Rents, of the Village of Cayuga Heights Articles.
Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows:
Section I. PURPOSE AND INTENT.
The purpose of this local law is to amend Article XII, Sewer Rents, of the Village of Cayuga
Heights (the “Village”) Articles and to set forth the terms and provisions for the collection of sewer
rents for the purpose of producing revenue, such revenue to be used as hereinafter provided. The Village
hereby finds and determines that the most equitable manner of collecting funds from the various
properties within the Village served by its sewer system is to charged based upon the consumption of
water on the premises connected to and served by the Village sewer system. The sewer system or the
part or parts of the sewer system for which such rents shall be established and imposed are as follows:
(a) The sewage treatment and disposal works with necessary appurtenances including pumping station,
and the extension, enlargement, or replacement of or additions to such sewage treatment plant; and
(b) The operation, maintenance, and repairs of the entire Village of Cayuga Heights sewer system,
including the sewage treatment plant and the collection system.
Section II. AUTHORITY.
This Local Law is enacted pursuant to the grant of powers to local governments provided for in
(i) Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the
February 14, 2011 VCH-Board of Trustee Meeting Minutes
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provisions of the New York State Constitution or 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, (ii) General Municipal Law Article 14-F, (iii) General Municipal Law Sections 451 and 452,
and (iv) Village Law Article 14.
SECTION III. AMENDMENT OF ARTICLE XII, SEWER RENTS.
As of the effective date of this Local Law, Article XII of the Village’s Articles shall be deleted in
its entirety and replaced with the following language:
SECTION 1. Establishment of Rents and Amounts
The Village hereby establishes and imposes sewer rents for the use of the sewer system or for
any part or parts thereof and establishes and imposes a minimum sewer rent charge. The manner of
collecting funds from various properties within the Village served by the sewer system is to be based
upon the consumption of water, as measured by the Village or its agent by water meter or similar device,
on the premises connected to and served by the Village’s sewer system. Pursuant to the aforementioned
laws, the Village Board shall, from time to time, set by resolution such sewer rents and charges. Such
resolutions shall be adopted after a public hearing upon five days’ public notice.
SECTION 2. Minimum Charge
There shall be a minimum base charge for regular quarterly bills in an amount equal to the sewer
rents based upon 10,000 gallons of water consumption, regardless of actual usage. For the treatment of
trucked or hauled waste, there shall also be imposed a minimum base charge equal to the sewer rents
based upon 10,000 gallons of water consumption, regardless of the size of the deposit,. Any such
treatment must be separately permitted by the Village Board and comply with all rules and regulations
of the Village.
SECTION 3. Cooperation by owner of real property
The Village Engineer may require each owner and/or occupant of real property within the
Village connected to the Village sewer facilities to furnish such information as may be necessary and
reasonable in order to carry out the provisions of this Article. Any duly authorized officer, employee,
contractor, or agent of the Village or other person duly authorized by the Village, including employees
or other persons associated with the Southern Cayuga Lake Intermunicipal Water Commission, shall be
permitted to enter on any property at reasonable hours for the purpose of reading meters, inspecting,
disconnecting, repairing or for any other purposes reasonably necessary to carry out the provisions or
purposes of this Article.
SECTION 4. Payment and collection; liens for unpaid sewer rents
A. All rents and charges due hereunder shall be payable quarterly together with the billing for water
service and shall be due and payable on the following dates each year: Feb 1st for billing period Oct 16th
– Jan 15th, May 1st for billing period Jan 16th – Apr 15th, Aug 1st for billing period Apr 16th – Jul 15th,
and Nov 1st for billing period Jul 16th – Oct 15th. Sewer rents and charges shall be paid to the Village
Clerk at the Village Offices at 836 Hanshaw Road, Ithaca, New York, except for such rents and charges
which are due and payable to any other entity to whom billing authority for sewer rents has been given
or delegated by the Village.
February 14, 2011 VCH-Board of Trustee Meeting Minutes
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B. The Village Clerk or other person authorized by the Village Board shall keep a record of all
properties within the Village which are connected to the Village water system and the Village sewer
system, and sewer bills shall be mailed to the owner or any other person to whom a water bill is
addressed, billed, or mailed by the Village or other entity performing water billing services for the
Village, and at the address appearing on said water bill.
If property is connected to the Village sewer system but not to the Village water system, unless
the property owner has directed the Village in writing to use a different address, the sewer rent bill shall
be sent to the address to which real estate tax bills for the property are sent. The failure of any owner or
other user to receive a bill shall not excuse nonpayment thereof, nor shall it operate as a waiver of the
penalty herein prescribed. Notwithstanding any other provision in this Article, all sewer rents,
surcharges or other fees or charges relating to sewer service, shall be a charge against the owner of the
premises connected to the Village sewer system, and such owner shall be liable for the payment of all
such rents and charges, including penalties and interest.
C. In the event any sewer rent is not paid within 30 days of the date of the bill, there shall be added a
penalty of 10% for late payment.
D. Sewer rents and any other charges payable hereunder shall constitute a lien on the real property
served by the sewer system. The priority of such lien and the enforcement thereof shall be in accordance
with Article 14-F of the General Municipal Law which presently provides that the lien shall be prior and
superior to every other lien or claim except the lien of an existing tax, assessment or other lawful charge
enforced by or for the state or a political subdivision or district thereof.
E. The Village may bring an action a) as upon contract, for sewer rents, surcharges thereto, and all other
charges incurred by the owner of property in connection with sewer service, which are in arrears,
together with interest and penalties thereon, or b) to foreclose liens for such sewer rents and surcharges.
Also, in the alternative, the Village Board may cause any unpaid sewer rents, surcharges, or other
charges to be levied and collected in the same manner and in the same time as the Village tax in
accordance with the provisions of Article 14-F (Subdivision 4 of § 452) of the General Municipal Law,
or any amendment thereof.
SECTION 5. Collection of other costs.
Any costs and expenses or other charges other than those hereinbefore described, incurred by the
Village because of any repair or other work to the sewer system or otherwise for which the owner of any
property served by or connected to the sewer system is obligated under this Article or any other local
law, ordinance, statute or provision of law, shall be collected in the manner provided for the collection
of sewer rents in this Article, and shall be a lien upon the property and enforceable in accordance with
the provisions of this Article, or any other applicable provision of law.
SECTION 6. Correction of errors.
For the period in which no water meter is installed and operating on any property or cannot be
installed thereon, or if such water meter has ceased to register or has registered inaccurately, the charge
for the use of the sewerage facilities shall be based on such equitable basis as the Village may
determine, which shall take into account previous usage and charges, if any, and all other pertinent
information and factors in the discretion of the Village.
February 14, 2011 VCH-Board of Trustee Meeting Minutes
Page 10
If any owner of real property on which a sewer rent has been imposed deems himself or herself
aggrieved because such real property is not served by the sewer system or an error has been made in
computing such sewer rent, the owner may file an application for a refund of all or part of such sewer
rent. Such application shall be verified by the owner and shall set forth the amount of refund sought and
the grounds therefore. Such application shall be presented to the Village Board of the Village, which
may refund all or part of such sewer rent. Any such application shall be filed within 60 days of the time
the applicant learns of the claimed error, but not later than four months of the date of the bill claimed to
be in error. The Village Board may, for good cause shown, extend the time for the filing of such
application if circumstances show the charges are patently unfair and that the applicant had a reasonable
basis for not timely filing the application for correction of the error.
SECTION 7. Sewer Rent Fund.
Any revenues derived by the Village from the sewer rents, including penalties and interest, shall
be deposited in a special fund to be known as the "Sewer Rent Fund." Monies in such fund shall be used
for the payment of the necessary management, maintenance, operation, repair and financing of any
sewer improvement or service provided by the Village, including any payment required to be made by
the Village to any contracting municipality for such purposes, including interest and penalties. Except as
otherwise stated in this Article, at any time, any surcharges on said sewer rents shall be used for the
costs of sewer operations as above defined and shall be specifically designated for such purpose in the
Sewer Rent Fund. Moneys in the fund shall be used to pay the Village's share of the operating and
maintenance costs and capital costs, to the extent authorized by law and the Village Board, related to
collection, transmission and treatment of sewage and for any other purpose authorized by General
Municipal Law § 453 as the same may be amended from time to time.
SECTION 8. Applicability.
This Article shall apply to all properties in the Village.
Section IV. SUPERSEDING EFFECT.
All Local Laws, resolutions, rules, regulations and other enactments of the Village of Cayuga
Heights in conflict with the provisions of this Local Law are hereby superceded to the extent necessary
to give this Local Law full force and effect.
Section V. VALIDITY.
The invalidity of any provision of this Local Law shall not affect the validity of any other
provision of this Local Law that can be given effect without such invalid provision.
Section VI. EFFECTIVE DATE.
This Local Law shall be effective as of June 1, 2011
Treasurer Silber- Gave an overview of the Local Law.
No comments.
Mayor Supron Closed Public Hearing at 7:10 PM.
February 14, 2011 VCH-Board of Trustee Meeting Minutes
Page 11
Privilege of the Floor
Mayor Supron - we have a time-limit during the privilege of the floor of two minutes per person with a
total of 30 minutes – there is a new timer that will be used, we ask that the Village of Cayuga Heights
residents be allowed to speak first with any extra time going to the general public.
S. Grubb- Thank you for improving the fencing, but it is still flawed. Ms. Grubb provided a handout of
her concerns for the Trustees. (see copy at end of minutes)
A. VanDeMark- believes there is no question that TCAT has deceived the community regarding the
route of its bus 30 in the Village. Dangerous turns exist on both ends of Northway. There is a need to
follow the guidelines of the traffic study.
A. Druyan – asked for the opportunity to offer further input regarding the EIS process.
P. Ginsparg - The Board is moving egregiously slowly in mitigating the problem of the deer over
population.
B. Lemberg – I have 3 children and wish to see the bus route 30 changed to Upland Road in order to
minimize the accident risk
E. Schnell- I have 2 young children and am concerned about the bus route – traffic and parking are
problems that she has discussed with a policeman.
M. Shoemaker- Emergency and ambulance access is needed to the Cayuga Heights Elementary school
which may be blocked by TCAT bus 30. The Village could be sued in case of an accident.
R. Bors – during the past month I have spoken to many villagers; there is popular support for deer
management. People are frustrated by a lack of progress. The Board does not have support for property
line fencing.
M. Tabacchi- reading a note from Michelle Poppensiek alleging that the Mayor and Trustees did not
read letters from the public regarding proposed deer remediation. It’s wrong to kill the deer, an opinion
supported by most villagers. (see attached statement)
Mayor Supron clarified for the record that the documents referred to by M. Poppensiek had been
scanned into the computer and emailed to the Trustees for review. There was no need for the Trustees to
come to the Village Office to view the hard copies.
B. Ganem- speaking as a Pleasant Grove Lane homeowner – expressed displeasure regarding logging of
15 trees in the Pleasant Grove Cemetery and concerned that the creek slope at the site may be
destabilized. Further the creek area falls within the Palmer Woods Unique Natural Area, and the loggers
left debris that could be used for a bon fire.
G. Gebhar- opposes using sterilization and culling of deer for the sake of gardens.
February 14, 2011 VCH-Board of Trustee Meeting Minutes
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S. Teel- This is an incomplete list of questions or issues that I have asked 8 times to have a public
meeting to discuss. Reducing the deer population not the problem, but the way it may be done. A
compromise is needed.
P. Shea- is against netting and bolting.
A. Baker – is against the netting and bolting. There isn’t a deer problem in Cayuga Heights. The
problem is the Village would rather kill than compromise.
M. Hamlin – please don’t kill the deer.
N. Golder- Wants to speak in favor of the deer. There seems to be a lack of empathy on the part of the
Board.
J. Cowan - wants to offer support for not changing the present TCAT bus 30 route. Also supports the
deer culling. Sorry the Board has to listen to all the comments tonight.
J. LaVeck- strongly opposes the culling of the deer. (see statement at the end)
L. Gardner- Doesn’t want children to see deer suffer. His deer from Lansing will move into the Village
when there is room.
C. Temple - An Ithaca resident, said “you haven’t figured it out yet”. I’m hoping it will be with fencing.
A. Serling- in her experience, Village residents are vehemently opposed to deer culling, as she is.
S. Baugher - There are flaws in the DEIS. Who will make changes and how will be the incorporated?
She is also advocating eight foot fencing.
J Stein – Would like the Board to re-think the culling issues. (see statement at the end)
R. Kittridge- Supports the plan to cull the deer. He would like to see an immediate 90 % reduction of in
the six of the deer population.
M. Mindlin- Fencing protects property, children, and pets; having fencing is our legal right.
Mayor Supron closed Privilege of the Floor at 7:52 PM.
Judge Galbreath – presented the Justice’s annual report to the Board and asked if there were any
questions.
Trustee Szekely- Expressed her appreciation for grant application for renovations to Marcham Hall.
Judge Galbreath indicated that the renovations applied for would include air conditioning, handicap
access, and a jury room. He would expect to hear late spring- early summer. There is up to $30,000
available, but it is unlikely we receive the entire amount. The Village would need to commit matching
funds.
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Discussion: Judge Galbreath explained why the number of trials has decreased. Police department
personnel, by discretion, may receive fines and surcharges, eliminating the need for many court cases.
More cases are forthcoming. When asked about his work training other municipal justices statewide, the
Judge explained that he offers ten to twelve such trainings annually ranging from Buffalo to Long Island
with 30 to 100 people attending. Cayuga Heights Village Court is held each Tuesday at 6PM and the
first Thursday evening of each month at 5PM (also known as Pre-Trial Court where Attorneys and
Defendants are all present).
Report of the Fire Chief , G. Tamborelle–
New equipment in gym at the Fire station.
Fire truck 202 purchase is proceeding on the April/May time schedule.
New recruit class started with twelve people, ten completed the course.
The Chief and his family are moving April 1st to 425 Klinewood Road
A spring pancake breakfast is planned with a Brownie troop to serve
Report of the Asst. Supt. of Public Works, J. Frisbie –
There are no follow-up questions to the monthly report
A water main break #2 Rte 34 svc line that supplied (today) and was repaired by 10:00.
Trustee Szekely remarked that several villagers have spoken to her about the fine plowing
service the DPW crew is rendering this winter.
Three quotes have been received for the salvage tractor that must be replaced. Insurance covered
95% of the loss.
Motion: Trustee Hamilton
Second: Trustee Szekely
To pass a resolution #6800 approving the highest bid be taken as salvage price for sidewalk
tractor to Roger Koskinen who called and gave a verbal quote of $1,600.00
Discussion: none
Aye votes: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely
Absent: Trustee Andolina Motion passed
The Fire Department’s Annual Yard Sale is scheduled to be held May 21st and May 22nd 8AM - 6PM.
The Fire Company will begin accepting donations the week prior to the yard sale, beginning Saturday
May 14th and will continue accepting donations through May 18th.
Motion: Trustee Riesman
Second: Trustee Hamilton
To pass a resolution #6801 to authorize the Fire Department to host a fundraiser in May.
Discussion: none
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Aye votes: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely
Absent: Trustee Andolina Motion passed
Approval of Minutes
Motion: Trustee Riesman
Second: Trustee Hamilton
A resolution #6802 to approve the minutes of January 10, 2011 as submitted, with amendments
made prior to tonight’s meeting by Attorney Marcus, Mayor Supron, and Trustee Szekely.
Discussion: none
Aye Votes: Mayor Supron, Trustees: Riesman, Szekely, Hamilton
Abstain: Trustees Karns & Crooker Absent: Trustee Andolina Motion passed
Motion: Trustee Hamilton
Second: Trustee Karns
A resolution #6803 to approve the minutes of January 20, 2011 as submitted, with amendments
made prior to tonight’s meeting by Attorney Marcus, Mayor Supron, and Trustee Szekely.
Discussion: none
Aye Votes: Mayor Supron, Trustees: Riesman, Karns, Hamilton
Abstain: Trustees Szekely & Crooker Absent: Trustee Andolina Motion passed
Report of the Mayor
FEIS- Tim Miller & Assoc. continue to process the data collected. They have reviewed all the written
comments and are now working through December 6th Public Hearing. The fact not having public
debate will be addressed in the FEIS. This will bring the cost for providing the process of the deer
remediation to $34,000. Final FEIS will be on the website and available at cost of copying. There are
various links on the web. A summary will be out on the web to the frequently asked questions.
Our new Deputy Clerk, Angela Korbel, started on February 7th- Bid her welcome.
TCAT- aware traffic study was completed in December. Had a mediation session with the Community
Dispute Resolution Center- Which is not available to the public at this point. The Board is not ready to
make a Local Law, but wants to work with TCAT. Offered to sit with them and talk about any possible
compromise.
Trustee Riesman - would like to meet with TCAT representatives again, but it does not seem they are
willing to compromise. The Mayor has a copy of the letter, which is foilable. Let her know if you want
a copy.
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Trustee Szekely- has encouraged persons who have written email to members of the Board of Trustees
about the TCAT bus route to copy their messages to TCAT.
Mayor Supron added that the Tompkins County Legislators should get copies also. J. Laveck spoke
from the floor indicating that they all have received copies.
Proposed Local Law “A” is to amend Section 9, Fences and Walls, of the Village of Cayuga Heights
Zoning Ordinance to permit the erection of Deer Fences.
Discussion
Trustee Szekely- In response to public comment this evening concerning fencing, she would like to
point out that support for fencing to protect property from deer in no way signifies any diminished
resolve to support the proposed policy to sterilize and cull the deer herd.
Trustees Andolina & Hamilton- spoke about the proposed 100 square feet proposed for the enclosure
fencing of individual plants or groups of plantings within the 25’ front set back.
Provision of no more than 100’ SF- no maximum
Regarding exclosure fencing, Trustee Hamilton raised the question of applicability to irregular lots with
two sides facing streets. Is the 100’ SF too restrictive?
Discussion was ongoing concerning fences and exclosures; the total number of square feet allowable for
an exclosure in a front yard set back was changed from 100 to 144 (12’ x 12).
Motion: Trustee Crooker
Second: Trustee Karns
To pass resolution #6804 to schedule a Public Hearing for Proposed Local Law “A” at the March 14th,
2011 at 7:00 PM.
Discussion: none
Aye votes: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely
Absent: Trustee Andolina Motion passed
Proposed Local Law “B” is to establish an exemption for portable sheds from Zoning permit
requirements of Section 20 of the Village of Cayuga Heights Zoning Ordinance.
Discussion- Lot Property owners wishing to build larger sheds than the dimensions in the proposed law
can apply for a building permit.
Motion: Trustee Karns
Second: Trustee Szekely
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To pass resolution #6805 for Proposed Local Law “B” - A Local Law establishing an exemption for
portable sheds from Zoning permit requirements of Section 20 of the Village of Cayuga Heights Zoning
Ordinance.
Discussion: none
Aye votes: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely
Absent: Trustee Andolina Motion passed
1st - SEQR-Short form
11 questions
1-No 7- No
2-No 8-No
3-No 9-No
4-No 10-No
5-No 11-No
6-No
Will not result in any adverse effect.
Proposed Local Law “C” is to amend Article 29, Tax Exemption – Senior Citizens, of the Village of
Cayuga Heights Articles.
Motion: Trustee Hamilton
Second: Trustee Crooker
To pass resolution #6806 for proposed Local Law “C” A Local Law Amending Article 29, Tax
Exemption – Senior Citizens, of the Village of Cayuga Heights Articles.
Discussion: none
Aye votes: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely
Absent: Trustee Andolina Motion passed
Proposed Local Law “D” is to establish a Tax Exemption for Disabled Persons with Limited Incomes.
Motion: Trustee Riesman
Second: Trustee Crooker
To pass resolution #6807 for Proposed Local Law “D” A Local Law Establishing a Tax Exemption for
Disabled Persons with Limited Incomes.
Discussion: none
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Aye votes: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely
Absent: Trustee Andolina Motion passed
Proposed Local Law “E” is to amend Article XII, Sewer Rents, of the Village of Cayuga Heights
Articles.
Discussion- Treasurer Silber- Advised the board not to take action tonight regarding the local law for the
Sewer Rents, but defer to the March 14th meeting. Also, he wanted to clarify that the Trustees would be
able to change the rate via a resolution every year.
Mayor Supron tabled Proposed Local Law “E” until the next Board of Trustees meeting to be held on
March 14th.
Next Item- Approve Bolton Point Contract. Main issue of agreement is wage increases (read contract).
All commissioners voted in favor except the Town of Lansing.
Motion: Trustee Karns
Second: Trustee Szekely
To pass resolution #6808 to accept the Bolton Point contract
Discussion: none
Aye votes: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely
Absent: Trustee Andolina Motion passed
Local Laws C, D, and E are type 2 SEQR exempt
Proposed Local Law “F” is a local law consolidating the position of Village Clerk and Village Treasurer
and establishing the position of “Clerk-Treasurer”.
Motion: Trustee Riesman
Second: Trustee Szekely
To pass resolution #6809 to schedule a Public Hearing for Proposed Local Law “F” a local law
consolidating the position of Village Clerk and Village Treasurer and establishing the position of
“Clerk-Treasurer” at the March 14th, 2011 at 7:00 PM
Discussion: If the Village wants to consider a title consolidation, one of the positions must be vacant.
The acting treasurer can sign when needed which is tied to adoption of the budget approval in April.
Aye votes: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely
Absent: Trustee Andolina Motion passed
Break - 9:40 PM until 9:45 PM
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Report of the Police Chief , T. Boyce -
There were no questions in response to the Chief’s monthly report
Tickets are being written for speeding and cell phone use. The speeding is being controlled in the
school zone with more violations on Hanshaw Road than on The Parkway. Tickets are being
written and there is good coverage by the officers.
Motion: Trustee Karns
Second: Trustee Riesman
To pass a resolution #6810 to authorize the hire of part-time Police Officer James Landon at a salary of
the PBA contract effective 2/15/2011.
Discussion: none
Aye votes: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely
Absent: Trustee Andolina Motion passed
Report of the Treasurer, J. Silber -
The furniture item in the abstracts was identified as a chair for the Mayor
Cross off list two duplicate items, #53 and #109
Departmental budget submissions are due 2/23/2011 to Treasurer Silber.
Tentative budget is due for the March 14th board meeting.
If another meeting is needed, a week or week and a half later is suggested.
Insurance applications will start to come in with renewal on June 1st.
Comment to Treasurer Silber, we are looking at different software products for accounting and
budgeting, e.g. Williamson Law Book. For ten years we have been using Micro Fund, which has
currently been updated.
Motion: Trustee Riesman
Second: Trustee Karns
To pass a resolution #6811 to accept Abstract.
Discussion: none
Aye votes: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely
Absent: Trustee Andolina Motion passed
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Motion: Trustee Crooker
Second: Trustee Hamilton
To pass a resolution #6812 to authorize the Mayor to approve the Bolton Point agreement.
Discussion: none
Aye votes: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely
Absent: Trustee Andolina Motion passed
Attorney Gutenberger- inquired whether the Board wanted BGDMO to draft a local law revising
definition of “front, side, & rear yards” or have the Planning Board create a definition during the course
of drafting the Comprehensive Plan. It was decided by the Board to have the Planning Board address
this issue.
Mayor Supron opened the meeting to Trustee Privilege of the Floor
Trustee Privilege of the Floor
Trustee Karns- consider adopting Martin Luther King Day as an official holiday.
Trustee Riesman- we are awaiting installation of the permanent bus stop shelter at 825 Hanshaw
and an easement agreement with Kimball Real Estate in order to begin construction of a second
bus stop shelter at the Fire Station. The goal is completion of both projects by the end of the
summer.
Motion: Trustee Riesman
Second: Trustee Szekely
To pass resolution #6813 to enter into executive session at 10:15 PM
Aye votes: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely
Absent: Trustee Andolina Motion passed
Motion: Trustee Riesman
Second: Trustee Hamilton
To pass motion #6814 to exit executive session at 10:34 pm
Aye votes: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely
Absent: Trustee Andolina Motion passed
Motion: Trustee Hamilton
Second: Trustee Riesman
To pass resolution #6815 to adjourn at 10:35 PM
Aye votes: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely
Absent: Trustee Andolina Motion passed
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