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HomeMy WebLinkAboutAug 13 2012 minutes.pdfVILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall Aug 13, 2012 – 7PM Present: Mayor Supron, Trustees: Crooker, Hamilton, Karns, Riesman, Szekely, Attorney Marcus, Police Chief Steinmetz, Superintendent of Public Works Cross, Senior MEO Ellis, Fire Superintendent Tamborelle, Treasurer Mangione, Clerk Mills Absent: Trustee Andolina, Asst. Superintendent of Public Works Frisbie Call to Order – Mayor Supron called the meeting to order at Public Hearing – opened at 7:05PM 1. Proposed Local Law D of 2012 - Village of Cayuga Heights - ARTICLE 35 - Authorization to Request and Provide Mutual Police Aid Mayor Supron closed the Public Hearing – no speakers – at 7:06PM Public Hearing – opened at 7:07PM 2. Proposed Local Law E of 2012 - Village of Cayuga Heights - ARTICLE 36 - Noise Ordinance P. Bottorff – stated that while he is not opposed to the noise ordinance, he would like to see a more scientific approach to measuring the noise – perhaps y decibels. He was also concerned about the penalties not being proportionate to the crime. B. Correll – expressed concern regarding the 14 hours a day, 7 days a week to be able to make noise associated with construction. During such an incident she did call the Police, who were very responsive to her request, where they both indicated they also wished there was a noise ordinance in place to assist the process. S. Shiffrin – agreed that there should be a noise ordinance. He continued to say this is similar to other municipalities but feels it could be improved. He further gave examples of how other municipalities, such as NYC and Los Angeles, work with construction noise. Mayor Supron closed the Public Hearing at 7:15PM Approval of Minutes for: June 11, 2012 minutes; June 19, 2012 minutes; July 9, 2012 minutes; July 30, 2012 minutes Motion: Trustee Riesman Second: Trustee Karns Resolution #7139 to approve the June 11, 2012 meeting minutes as amended. Discussion – Attorney Marcus indicated he has supplied comments for all the minutes noted prior to the meeting and Clerk Mills confirmed that all such comments had been incorporated. The motion to approve the June 11, 2012 minutes was tabled until the Sept 10 th Board of Trustees meeting due to three trustees abstaining there would not be enough for a vote. Motion: Trustee Karns Second: Trustee Riesman Resolution #7140 to approve the June 19, 2012 meeting minutes as amended. Discussion – no other comments All approve – no nays – Trustee Crooker abstains – motion carried VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall August 13, 2012 – 7PM Page 2 Motion: Trustee Crooker Second: Trustee Riesman Resolution #7141 to approve the July 9, 2012 meeting minutes as amended. Discussion – no other comments All approve – no nays – Trustees Karns and Hamilton abstains – motion carried Motion: Trustee Riesman Second: Trustee Szekely Resolution #7142 to approve the July 30, 2012 meeting minutes as amended. Discussion – no other comments All approve – no nays- Trustee Crooker abstains – motion carried Report of Fire Superintendent Tamborelle – absent • Submitted report Report of Asst. Superintendent of Public Works Frisbie – absent • Submitted report (from Mr. Ellis) Privilege of the Floor – 30 minutes - SIGN-UP begins at 6:45PM Mayor Supron offered to read Privilege of the Floor guidelines and offered that a copy was available on the sign-in table. No one asked her to read the guidelines. Mayor Supron opened PoF at 7:20PM P. Bottorff – offered support to the Board of Trustees and their adherence to the open government requirements. He expressed his appreciation of the openness and responsiveness of the Village Government. S. Shiffrin – declined. No other speakers – Mayor Supron closed PoF at 7:21PM Report of Mayor Supron – 60 minutes • Comprehensive Plan – discussion of public input/Board review (a copy is available on the website and in the Clerk’s office for review) Mayor Supron indicated that the Draft Comprehensive Plan was presented to the Board of Trustees by the Planning Board. There was a good turn-out of people at the August 23 rd Planning Board meeting. The Board would like to express their appreciation to all the people who have read the Draft Comprehensive Plan and provided their thoughts and comments. There were e-mail discussions with members of the Board and Attorney Marcus as to the next steps in the process for reviewing the document. It was decided to discuss the substance of the Plan as the best way to move it along although George Frantz, the consultant who participated in writing the plan had asked the Board to wait until he returned from travel and could provide information about the proposed zoning district 2. VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall August 13, 2012 – 7PM Page 3 The discussion continued between Board members, weighing the pros and cons of certain items. Attorney Marcus indicated that once the Board has arrived at a Plan that the Board feels is adoptable, the Board would then be in a position to hold a Public Hearing and would have to perform a State Environmental Quality Review (SEQR). Trustee Karns indicated that any future Board will be able to amend the plan. Attorney Marcus added that it is not a local law but a policy. Mayor Supron summarized that there is concern over the proposed Residential Zoning District 2 (indicated as the Orange Zone on the map following page 72) because of the proposal for increased housing density there Trustee Karns added that the intent was to maintain the character of the Village – the overall character. Any recommendations or changes suggested should be assessed as to how it affects the character. Trustee Szekely sees the mission of the Plan as preserving and protecting the historic character of the Village, noting that the prevailing culture of planning looks to evolution and change. Trustee Riesman feels that the plan does look at the character of the Village and what should be preserved, with an eye to making Community Corners more vibrant but retaining its character with more businesses there serving residents’ needs. Change is good but the Village’s character should be retained. A valid recommendation relies on meeting the present and future needs of the community but the current draft doesn’t make a convincing case for a new residential zone in the northeast area of the Village. Nor does it make any case for other rezoning changes in the Village. Additionally, the potential loss of green space that is adjacent to Kendal is not in the best interest of the Village. It is her recommendation to remove the R2 zone from any subsequent draft. Trustee Hamilton agreed with Trustee Riesman’s recommendation about the R2 zoning. After listening to the comments and arguments from the residents who attended the meeting, the proposed R2 zoning is not wanted. Residents have voiced the opinion that they want the Village to retain its present zoning. However, he suggested some change is inevitable. The Planning Board has looked ahead at these changes and sees a need for a higher density for younger families and the mature folks who want to move from a large dwelling to a smaller one. These changes should be addressed in the Plan. Trustee Crooker echoes his colleagues’ comments and expressed appreciation to the Planning Board for their efforts. An attempt is being made to look into the crystal ball to plan for the future and move the Village ahead. Zoning changes are needed taking account of critical elements such as traffic, walkability, storm water and stream water. We are attempting decision-making with finite resources and limited financial resources. The people who will speak in favor of more dense housing and more inexpensive housing are not here yet. The people who are here speak one way and the ones who aren’t here yet will speak a different way. Mayor Supron indicated that where our zoning code has worked for us for a long time there may be a need to revise zoning to work toward the needs of the Village and still keep the characteristic of the Village as it is today. We may consider a volunteer zoning committee to review and make recommendations for changes. Mr. Harms, Planning Board Chair, thanked the Board for their discussion and will work with the Planning Board on the suggestions and comments that have come from the residents and the Board of Trustees. Then the Planning Board will submit a revised draft to the Board of Trustees for review. There is a Planning Board meeting on August 27 th and this will be an important issue that will be addressed. Mr. Harms recognized that this is living documents that will be constantly changing and growing depending on the future situations. Trustee Szekely noted that the draft plan’s recommendation to form a Shade Tree Committee (page 81) has been accomplished; such a committee, chaired by Village Forester Andre Bensadoun is already meeting. She recommended removing the recommendation on page 80 that removal of any tree with a diameter greater than six inches require a permit. Further, on page 86, mention should be VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall August 13, 2012 – 7PM Page 4 made that two bus shelters – on Triphammer and Pleasant Grove Roads -- have been built, as recommended. Mayor Supron reminded everyone that there the public discussion meeting to consider the plan further, scheduled for August 21 st , has been cancelled because of the Corners Community Block Party. An additional discussion meeting has not been scheduled because the Planning Board needs time to respond to the input to date. Motion: Trustee Riesman Second: Trustee Crooker Resolution # 7143 to cancel the meeting of August 21 st as an informational meeting, but instead the Board of Trustees will have a table at the Community Block Party. Discussion: none All approve – no nays or abstains – motion passed Mr. Harms asked about the need for an executive summary in the draft plan and was encouraged by the Board of Trustees to take this up at the August 27 th Planning Board meeting. Proposed local laws Mutual Aid – Chief Steinmetz provided a brief summary on the Proposed Local Law D of 2012 - Village of Cayuga Heights - ARTICLE 35 - Authorization to Request and Provide Mutual Police Aid. Under General Municipal law 209M, responsibility is given to the Chief with the proviso that he contact the Mayor or Deputy Mayor and advise them about any event requiring provision by the Police Department of mutual aid to another municipality.. Attorney Marcus, for the record, indicated this particular proposed law is exempt from the SEQR process as it is a type 2 action; as a routine or continuing agency administration of management not including new programs or major reordering of priorities that may effect the environment. Motion: Trustee Hamilton Second: Trustee Riesman Proposed Local Law D of 2012 – Village of Cayuga Heights - ARTICLE 35 Authorization to Request and Provide Mutual Police Aid SECTION I. PURPOSE AND INTENT . It is the purpose and intent of this Local Law to add to the Laws of the Village of Cayuga Heights provisions to facilitate the process by which the Village of Cayuga Heights may grant or request police assistance to or from another municipality as authorized by the State of New York General Municipal Law § 209-m. SECTION II. AMENDMENT TO THE LAWS OF THE VILLAGE OF CAYUGA HEIGHTS TO ADD ARTICLE 35 ENTITLED “MUTUAL POLICE AID” READING AS FOLLOWS : Article 035. Outside Police Service Section 035-10. Authorization to Request Assistance VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall August 13, 2012 – 7PM Page 5 The Chief of Police of the Village of Cayuga Heights, whenever the Chief of Police deems it to be in the public interest, may request the chief executive officer, or chief of police if so designated by local law, of any other local government to detail, assign or make available for duty and use in the Village of Cayuga Heights any part of the forces, equipment and/or supplies of its police department or police force. The Chief of Police will notify the Village of Cayuga Heights Mayor or, in the Mayor’s absence, the Deputy Mayor, of said request for assistance as expeditiously as possible. Section 035-20. Authorization to Provide Assistance The Chief of Police of the Village of Cayuga Heights is hereby authorized to provide assistance of the regularly employed law enforcement officers, equipment and/or supplies of the Village of Cayuga Heights Police Department to any municipality requesting such assistance from the Village of Cayuga Heights, to aid in coping with situations where there exists in such other municipality a need for the service of additional law enforcement officers, equipment, and/or supplies to protect the health, life and property of such other municipality, its inhabitants and the visitors thereto. The Chief of Police will notify the Village of Cayuga Heights Mayor or, in their absence, the Deputy Mayor, of said provision of assistance as expeditiously as possible. Section 035-30. Statutory Authority The request for assistance by the Village of Cayuga Heights and the offer of assistance by the Village of Cayuga Heights shall be in accordance with the provisions of § 209-m of the General Municipal Law of the State of New York. Any term not otherwise defined herein shall have the same meaning and effect as set forth in said State Law. SECTION III. SUPERCEDING EFFECT . All ordinances, 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 IV. 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 V. EFFECTIVE DATE . This Local Law shall be effective immediately upon filing in the office of the 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. Resolution # 7144 to approve proposed local law “D” of 2012 - Village of Cayuga Heights - ARTICLE 35 - Authorization to Request and Provide Mutual Police Aid. Discussion: no other discussion All approve – no nays or abstains – motion passed VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall August 13, 2012 – 7PM Page 6 Noise Ordinance - Proposed Local Law E of 2012 - Village of Cayuga Heights - ARTICLE 36 - Noise Ordinance Motion: Trustee Crooker Second: Trustee Karns Discussion focused on the intent of the law with comments from Superintendent of Public Works Cross about construction and infrastructure maintenance noise. The penalty structure is from $50 to $500 for the first offense and $100 to $1,000 for the second offense – which is to be left at the judgment of the court. Trustee Crooker confirmed with Attorney Marcus that if there were substitutive changes there would need to be another public hearing and would have to be within 60 days. The discussion continued around the question of daytime hours when construction work may be done. The Police Chief confirmed that most complaints deal with such issues as lawn mowing, loud parties and noisy vehicles. Mr. Shiffrin supplied a written document in support of the adoption of daytime construction hours used in the New York City and Los Angeles, his main concern being the fourteen hours between 7:00 am and 9:00 pm allowed in the draft law. The Board conducted the SEQR review by completing the Short Environmental Assessment Form prepared by Attorney Marcus which resulted in the Board’s negative declaration of environmental significance. VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall August 13, 2012 – 7PM Page 7 Proposed Local Law E of 2012 - Village of Cayuga Heights - ARTICLE 36 Noise Ordinance Section I Purpose and Intent The purpose and intent of this Local Law is to preserve the public health, peace, comfort, repose, welfare, safety and good order by suppressing the making, creation or maintenance of excessive, unnecessary, unnatural, or unusually loud noises which are prolonged, unusual or unnatural in their time, place and use or which are detrimental to the environment. Section II Title This Local Law shall be known and may be cited as the “Village of Cayuga Heights Noise Ordinance.” Section III Definitions When used in this Local Law, the following words and phrases will have the following meanings: VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall August 13, 2012 – 7PM Page 8 A. ADULT PERSON- A person who is at least 16 years old. B. DAYTIME HOURS- The hours beginning at 7:00am local time on any day and ending at 9:00pm local time. C. EMERGENCY WORK- Work made necessary to restore property to a safe condition following a public calamity, or work necessary to protect persons or property from an imminent exposure danger. D. IMPULSIVE SOUND - A sound lasting of a short duration, usually less than one second, and of high intensity with an abrupt onset and rapid decay. E. MOTOR VEHICLES- Includes, but is not limited to, automobiles, trucks, buses, mopeds, motorcycles, minibikes and any other vehicle as defined by the Vehicle and Traffic Law of the State of New York, as it may be amended from time to time. F. NIGHTTIME HOURS- The hours beginning at 9:00pm local time on any day and ending at 7:00am, local time on the following day. G. PERSON- Includes the singular and plural and also any individual , any property owner and/or lessee, any firm, corporation, political subdivision, government agency, association or organization including but not limited to officers, directors, employees, agents and/or independent contractors thereof, or any legal entity. H. RESIDENTIAL ZONE- Any portion of the Village located within either the Village’s Residential District or Multiple Housing District as defined in the Village of Cayuga Heights Zoning Ordinance. “Residential Zone” also includes any special land use district or planned development zone defined by such ordinance wherein one of the principal land users is residential. If the Zoning Ordinance is amended or replaced and as a result additional zoning districts are added or denominated differently, the term “Residential Zone” as used in this Local Law shall mean those zoning districts in which the predominant intended land use is residential. I. SOUND AMPLIFYING EQUIPMENT- Any machine or device used for the amplification of the human voice, instrumental music or any other sound. Sound- amplifying equipment shall not include standard automobile sound systems when used and heard only by the occupants of the motor vehicle in which such automobile sound system is installed. As used in this chapter, sound-amplifying equipment shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes, or authorized fire horns or other authorized emergency alarms. J. VILLAGE- All the geographical area that is the corporate limits of the Village of Cayuga Heights. K. UNREASONABLE NOISE- Any excessive or unusually loud sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities, or which causes injury to animal life or damages to property or business. Section IV Unreasonable Noise Prohibited VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall August 13, 2012 – 7PM Page 9 No person shall intentionally cause public inconvenience, annoyance, or alarm, or recklessly create a risk thereof, by making unreasonable noise or by causing unreasonable noise to be made. A. For the purpose of implementing and enforcing the standard set forth in this section, factors to be considered in determining whether unreasonable noise exists in a given situation include, but are not limited to, any or all of the following: 1. The intensity of the noise. 2. The duration of the noise. 3. The intensity of the background noise, if any. 4. The zoning district within which the noise emanates and all zoning districts that lie within 500 feet of the source of the sound. 5. The time of the day or night the noise occurs. 6. The proximity of the noise to sleeping facilities. 7. Whether the noise is continuous or impulsive. 8. The existence of complaints concerning the noise from one or more persons who are affected by the noise. 9. Whether the nature of the noise is usual or unusual. 10. Whether the noise is due to a natural or human-made activity. Section V Unlawful Noise Sources The provisions of Article IV shall be employed to complement and supplement the other provisions of this Local Law and shall be interpreted and applied in accordance with and in addition to, and not in lieu of, those other provisions. A. Radios, Television Sets, Computers and Other Sound-Producing or Amplifying Devices. 1. It shall be unlawful for any person within any Residential Zone, or within 500 feet of a Residential Zone, to use or to operate any radio or receiving set, musical instrument (including drums), phonograph, television set, computer or any other machine or device for the producing or reproducing of sound or any other sound-amplifying equipment in a loud, annoying or offensive manner such that noise form the device interferes with the comfort, repose, health or safety of members of the public or recklessly creates a risk thereof, within any building or, outside of a building, at a distance of 25 feet or more from the source of such sound or interferes with the conversation of members of the public who are 25 feet or more from the source of such sound. 2. For the purposes of this Section V(A), the term “person” will more specifically mean: a. For an offense that occurs on any public property where permission was obtained to use that public property, a “person” shall include the person or persons who obtained permission to utilize that property for that event. b. For an offense that occurs on private property, a “person” shall include any adult person or persons who live in or on the property that is involved in the offense. B. Security, Fire and any Other Sound Producing Alarm System 1. It shall be unlawful for any person within any Residential Zone, or within 500 feet of a Residential Zone, to have their security, fire, or any other type of alarm system equipped with sound-amplifying equipment capable of producing a loud, annoying or offensive noise repeatedly create such noise in a manner that interferes with the comfort, repose, health or safety of members of the public or recklessly creates a risk thereof, within any VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall August 13, 2012 – 7PM Page 10 building or, outside of a building, at a distance of 25 feet or more from the source of such sound or interferes with the conversation of members of the public who are 25 feet or more from the source of such sound. 2. For the purpose of this Section IV(B), the term “repeatedly” shall mean more then two (2) times within an eight (8) consecutive hour time period. It will be considered a new offense if the alarm repeatedly produces noise again after the first notification to the Village Police Department. 3. For the purpose of this Section V (B), the term “person” will more specifically mean: a. For an offense that occurs on any public property where permission was obtained to use that public property, a “person” shall include the person or persons who obtained permission to utilize that property for that event. b. For an offense that occurs on private property, a “person” shall include any adult person or persons who live in or on the property that is involved in the offense. C. Construction and Other Machinery 1. During nighttime hours it shall be unlawful for any person within a Residential Zone, or within 500 feet of a Residential Zone, to operate or cause to be operated any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, electric or pneumatic drill, front-loaded garbage collection vehicles performing commercial pickups, or other commercial industrial equipment, except to perform emergency work. 2. If any domestic power or hand tool, including, but not limited to, mechanically powered saws, sanders, grinders, and lawn and garden tools, is operated during nighttime hours, no person shall operate such machinery so as to cause noise within a residential building or across a residential real property boundary where such noise interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, at 25 feet or more from the source of the sound. Side- and rear-loaded garbage collection vehicles, and garbage collection vehicles that do not have compactors, may be operated for residential pickup beginning at 6:00am local time as long as they do not create noise within a residential building or across a residential real property boundary where such noise interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, at 25 feet or more from the source of the sound. D. Parties and Other Social or Fund-Raising Events or Gatherings 1. It shall be unlawful for any person in charge of a party or other social or fund-raising event or gathering that occurs on any private or public property to allow that event to produce noise in a loud, annoying or offensive manner, or recklessly create the risk thereof, such that noise from the event interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, at a distance of 25 feet or more from the source of such sound. It shall also be unlawful for any participant in that event to contribute to such noise. 2. For the purposes of this section, a “person in charge of a party or other social or fund- raising event or gathering”: a. That occurs on any public property shall include the person or persons who obtained permission to utilize that property for that event. VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall August 13, 2012 – 7PM Page 11 b. That occurs on private property shall include the person who owns the premises involved and any adult person who lives in or on the premises involved in such party or social event. c. For any violation of this Section V(D) that occurs where beer is being served from a keg on the premises, the person to whom the keg is registered also shall be presumed to be responsible for the violation, in addition to any person designated in subsection (a) or (b) above. E. Mufflers 1. It shall be unlawful for any person to discharge into the open air the exhaust of any steam engine, stationary internal-combustion engine, air-compressor equipment, motor vehicle or other power device, which is not equipped with an adequate muffler in constant operation and properly maintained to prevent any unreasonable noise or noise disturbance, and no such muffler or exhaust system shall be modified or used with a cutoff, bypass or similar device which causes said engines, vehicles or other power devices to create an unreasonable noise. F. Shouting. 1. It shall be unlawful for any person to shout, yell, call, hoot, whistle or sing on public streets or in public places, in such a manner or for such a period of time, as to be unreasonable under the circumstances. G. Animals 1. Any person who owns, harbors or is the custodian of a dog in the Village of Cayuga Heights is subject to the noise and other requirements in Local Law No.1 of the Year 1980 of the Village of Cayuga Heights Laws & Ordinances titled “Dog Control Law,” and upon violation thereof shall be subject to the penalties set forth in that Local Law. Section VI Violations and Penalties A. Enforcement of violations 1. Enforcement may be facilitated by, but shall not be dependent upon, complaint by a resident of the Village to the Village Code Enforcement Officer or Village Police Officer, or any other law enforcement officer. Any police officer or peace officer or any person who may be lawfully designated by the Village Board shall have the authority to issue appearance tickets in connection with any violation in this Local Law. B. Penalties for violations 1. A violation of this Local Law is hereby declared to be an offense, with conviction of a first offense punishable by a minimum fine of $50.00 and not to exceed a fine of $500 or imprisonment not to exceed 15 days, or both. For conviction of a second or subsequent offense which was committed within a period of five years from the commission of the prior offense, a violator shall be subject to a minimum fine of $100.00 and not to exceed $1,000 or imprisonment not to exceed 15 days, or both. With respect to continuous emissions of sound, each day of such emission shall constitute a separate violation. VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall August 13, 2012 – 7PM Page 12 2. In addition, persons who violate this Local Law shall be liable for a civil penalty of $500 for a first violation and $1,000 for a second or subsequent violation which was committed within a period of five years from the commission of the prior violation. With respect to continuous emissions of sound, each day of such emission shall constitute a separate violation. The Attorney for the Village or his or her designee may commence an action or special proceeding against the violator in a court of component jurisdiction to collect these penalties, together with costs, disbursements and recoverable attorneys’ fees, and/or to compel compliance with this chapter or restrain by injunction any such violation. 3. Each such act which either continues or is repeated more than ½ hour after issuance of a written notice of violation of this Local Law shall be a separate offense and shall be prosecuted as such. C. Liability of owner 1. The owner of any real property (except public highways, and other publicly owned facilities) from which property sounds prohibited by this Local Law emanate shall be guilty of a violation of this Local Law, whether or not such owner was on the premises or occupied the premises when the proscribed sounds emanated from the same. Resolution # 7145 to approve proposed Local Law E of 2012 - Village of Cayuga Heights - ARTICLE 36 - Noise Ordinance with changes as noted. In continuing discussion, Mayor Supron acknowledged the concerned raised by residents and noted that the success of the noise ordinance, if enacted, will be monitored, meaning warranted adjustments can be made. Trustee Crooker spoke in favor of the law, noting that homeowners who are away at work during the day need to be able to work on their homes during early evening and weekend hours. All approve – no nays or abstains – motion passed • TW Cable audit – Computel Consultants – contract signed – Mayor Supron indicated that the Town of Ithaca had a similar audit done and they found a $15,000 error and our audit is under way. • Sidewalks/walkability – not much progress in the last month. Mr. Cross has checked the deadlines for the Save Routes to School grants, noting that we are not yet able to take advantage of the program. • Marcham Hall –at a special Board meeting on July 30th the Board approved a contract between he Village and architect Todd Zwigard for drawings modifying his original design. Mr. Cross has contacted two additional contractors suggested by Mr. Zwigard, but without receiving bids. Mayor Supron asked the Trustees to schedule a meeting for discussion of the project contract bids received. Motion: Trustee Szekely Second: Trustee Karns Resolution #7146 to schedule a Board of Trustees special meeting to be held on Friday, August 24, 2012 at 9:30AM at Marcham Hall for the purpose of discussing the contractor bids for the addition of Marcham Hall. Discussion – no other discussion All approve – no nays or abstains – motion passed VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall August 13, 2012 – 7PM Page 13 Report of the Trustees – 10 minutes • Trustee Riesman spoke in favor of the Village’s signing on to the Waterfront Revitalization Program, with agreement from all the present Board members. Motion: Trustee Riesman Second: Trustee Crooker Resolution #7147 adoption of the Local Waterfront Revitalization Program : A Cayuga Lake Waterfront Plan (see Other documents under reports) WHEREAS, the Village of Cayuga Heights worked with the Towns of Ithaca, Lansing, and Ulysses, with the Village of Lansing, and with the City of Ithaca to prepare a Local Waterfront Revitalization Program (LWRP), pursuant to Article 42 of the Executive Law, and WHEREAS, a Draft Local Waterfront Revitalization Program (dated December 2004), entitled “Cayuga Lake Waterfront Plan,” was prepared that examines lands and waters along the entire Cayuga Lake waterfront in Tompkins County, and WHEREAS, the Local Waterfront Revitalization Program: Cayuga Lake Waterfront Plan recommends programs, projects, and policies to • Increase public access to the waterfront through trail development and enhancing waterfront parks; • Control noise from boats and enhance boater safety by strengthening and enforcing boating regulations; • Protect and improve the water quality of Cayuga Lake; and WHEREAS, the Town of Lansing Planning Board was the lead agency for the purposes of conducting the environmental review of the Cayuga Lake Waterfront Plan in accordance with the requirements of Part 617 of the implementing regulations for Article 8 of the Environmental Conservation Law, and WHEREAS, the Town of Lansing Planning Board, on August 22, 2005, adopted a resolution that made a negative declaration of environmental significance in regard to adoption of the Local Waterfront Revitalization Program: Cayuga Lake Waterfront Plan, now therefore be it RESOLVED, That Trustees of the Village of Cayuga Heights hereby adopt the Local Waterfront Revitalization Program: Cayuga Lake Waterfront Plan. Discussion – no other comments All approve – no nays or abstains – motion carried • Trustee Riesman also wanted to alert the Board to the recent article in the Ithaca Times regarding the rise in Lyme disease in Tompkins County. Report of Chief Steinmetz – 20 minutes • Submitted report • Purchasing the mobile computer in the new vehicle • Purchasing four desktop computers and monitors from the Computing Center • Accepting the resignation of Police Clerk, Lisa Withrow Motion: Trustee Szekely VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall August 13, 2012 – 7PM Page 14 Second: Trustee Hamilton Resolution #7148 allows the Police Department to purchase from Brite Computers a new Mobile Computer and the necessary equipment for installation into the new patrol vehicle. The total of this purchase is not to exceed $3,200.00 Discussion – no other comments All approve – no nays or abstains – motion carried Motion: Trustee Crooker Second: Trustee Karns Resolution #7149 allows the Police Department to purchase 4 new desktop computers, and 2 -20” monitors, from the Computing Center for installation into their office system. The total of this purchase is not to exceed $2,300.00. Discussion – Sherpa was contacted and has agreed this will meet the needs of the department All approve – no nays or abstains – motion carried Motion: Trustee Riesman Second: Trustee Szekely Resolution #7150 to accept the resignation of Police Clerk Lisa Withrow to be effective August 24, 2012. Discussion – Chief Steinmetz would like to expedite her leave taking and hiring of a replacement with the hope of providing some overlap time for training. We may need to think about a consulting agreement with Lisa to work by phone or e-mail to provide su pport for the new clerk coming in. The contract can be reviewed at the special meeting on August 24 th . All approve – no nays or abstains – motion carried Officer David Amaro has accepted the vacant police officer position and will enter on duty August 16 th with administrative paperwork. His first full work week will begin August 20. Chief looks forward to working with him. Chief Steinmetz also gave kudos to the whole Police Department for stepping up and filling during this period of short staffing; they have been writing tickets, patrolling the streets and keeping the Village safe while covering for vacations, with minimal overtime hours. All applicants have passed the test for the sergeant’s position, soon to be filled, bringing the Department up to full staffing. Discussion followed about the intersections Kline & Highland Road where you have to physically turn to the left to see for oncoming traffic. The advisabilities of traffic direction mirrors were discussed and how they might be of assistance in viewing oncoming traffic. There is a location in the Village of Lansing where mirrors were set up. The cost would be $150 – 250 per mirror. Superintendent Cross will research the idea in the scope of signage. Report of Superintendent of Public Works Cross - 5 minutes Mr. Cross reported on the health of Mr. Frisbie. He seems in good spirits but frustrated he has to stay home. The good new is he does not have to have surgery. His doctor’s appointment is scheduled for tomorrow when he will know more. VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall August 13, 2012 – 7PM Page 15 A recent subdivision on Pleasant Grove Road has required a new street number for the post office, which requires a Village resolution. Motion: Trustee Szekely Second: Trustee Crooker Resolution #7151 to assign to tax map #11.-2-8.1 the mailing address of 174 Pleasant Grove Rd. Discussion: the address is dictated as the house numbers on either side are 172 and 176 Pleasant Grove Rd. All approve – no nays or abstains – motion carried • The slab has been poured for the addition on Marcham Hall and we are ready for construction. • The Waste Water Phosphorous project at the treatment plant has yet to meet expectations of the equipment as discussed with the vendor who sold us the equipment. Final paperwork with the DEC needs to be addressed. There is a 12 month re-evaluation period, with an initial 30-day sampling period followed by a report to the DEC that will require engineering services from the engineering firm that designed the equipment, GHD – formerly Stearns and Wheeler. After checking with Attorney Marcus we will contact them to work on an hourly basis. Report of Clerk Mills - 5 minutes Motion: Trustee Karns Second: Trustee Crooker Resolution #7152 authorizes the collector of taxes to waive the penalty fees in the amount of $73.20 on tax map 2.-5-1 for Mr. Joseph Rosenblum. Mr. Rosenblum passed away on 4/19/2012 as noted on a copy of the death certificate. Discussion – no other comments All approve – no nays or abstains – motion carried Motion: Trustee Hamilton Second: Trustee Szekely Resolution #7153 authorizes the collector of taxes to waive the penalty fees in the amount of $103.71 on tax map 10.-1-4 for Mr. Dan McCall. Mr. McCall passed away on 6/17/2012 as noted on a copy of the death certificate. Discussion – no other comments All approve – no nays or abstains – motion carried Report of Treasurer Mangione – 5 minutes • Submitted report • Abstract VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall August 13, 2012 – 7PM Page 16 Two changes in Abstract 3 - one for the plumber who completed the work on this past Saturday and has just submitted a bill in the amount of $5,200. and the Citi Bank monthly bill in the amount of $432.20 all the Citi Bank charges are from the Fire Department. Motion: Trustee Karns Second: Trustee Riesman Resolution #7154 to approve Abstract #16 for FYE2012 consisting of vouchers TA29, 1275- 1279 in the amount of $841.27 and instruct the Treasurer to make payments thereon. Discussion – no other comments All approve – no nays or abstains – motion carried Motion: Trustee Szekely Second: Trustee Karns Resolution #7155 to approve Abstract #3 for FYE2013 consisting of vouchers TA14-28, 88- 173 in the amount of $265,124.45 and instruct the Treasurer to make payments thereon. Discussion – no other comments All approve – no nays or abstains – motion carried Report of Attorney Marcus – 5 minutes Attorney Marcus reported that the time has passed for a further appeal of the Village’s victory in the case against the Village’s deer mitigation program. Motion: Trustee Szekely Second: Trustee Karns Resolution #7156 to enter into executive session at 10:05pm for the purpose of discussing the medical issues affecting the Deputy Clerk that could necessitate potential hiring of a part-time person to assist the Clerk during medical absences of the Deputy Clerk; and for the purposes of discussing the terms of a consulting contract for the outgoing police clerk, and the establishment of a salary range for the new Police Clerk. Discussion – no other comments All approve – no nays or abstains – motion carried Mayor Supron indicated there would not be any action items upon leaving executive session Motion: Trustee Szekely Second: Trustee Karns Resolution #7157 to exit executive session at 10:25 PM Submitted by Clerk Mills VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall August 13, 2012 – 7PM Page 17