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HomeMy WebLinkAbout12102012minutes.pdfVILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes Marcham Hall Dec 10, 2012 – 7PM Page 1 Present: Mayor Supron, Trustees: Karns, Crooker, Hamilton, Szekely, Riesman, and Andolina, Attorney Marcus, Superintendent Cross, Fire Superintendent Tamborelle, Police Chief Steinmetz, Treasurer Mangione, Clerk Mills Absent: Asst. Superintendent Frisbie Call to Order Mayor Supron called the meeting to order at 7:05 PM PUBLIC HEARINGS Mayor Supron opened the first public hearing for proposed local law “F” Proposed Local Law “F” of the year 2012 A LOCAL LAW TO PROVIDE FOR REGULATION OF THE TIME, PLACE AND MANNER OF PUBLIC DEMONSTRATIONS. 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 regulations governing the time, place and manner of public demonstrations that take place in the Village of Cayuga Heights (the “Village”). The intent of this Local Law is to provide reasonable restrictions in order to maintain public safety, recognizing that the Constitutional rights to peacefully assemble, as provided by the First Amendment of the United States Constitution and Article I, Sections 8 and 9 of the New York State Constitution, are not unlimited. SECTION II. AUTHORITY . This Local Law is enacted pursuant to the grant of powers to local governments provided for in 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. SECTION III. DEFINITIONS . A. Banner . Any sign, as defined in this Local Law, hung above a street, from a building, bridge or other structure or from a vehicle or towed by a vehicle, including, but not limited to, an aircraft, watercraft or trailer. B. Demonstration . A group of fifteen or more individuals gathered at the same time in the same public place with the intention of collectively attracting public attention or promoting a common cause. C. Parade . A procession of any kind on a public street, road, highway or sidewalk in the Village that is intended to attract public attention or promote a cause and that does not comply with other Village Local Laws, regulations or ordinances governing the use of Village streets, roads, highways or sidewalks. D. Public Place . Any area or location to which the general public has unrestricted access, however, the term “public place” shall not include the interior floor space of any building or any area covered by any part of a building’s roof. E. Signs . Any display of words, symbols or other visual images, or any combination thereof, on a two- or three-dimensional structure made of any material or combination of materials. VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall Dec 10, 2012 – 7PM Page 2 F. Special Event . Any event, occasion or celebration open to the public and held at or upon any public street, road, highway or sidewalk or public park or other public place, or conducted at such a location and in such a manner as to significantly impact, impair or limit the public’s access to any public street, road, highway or sidewalk or public park or other public place. G. Temporary Structures. Any structure erected or placed on public or private property and used in conjunction with a demonstration that consists of a floor or platform, or side or sides, or roof or overhang, or some or all of such components or in any combination, construction of any material. SECTION IV. FILING OF A DECLARATION. No individual, partnership, limited liability company, corporation or other legal entity shall hold or cause to be held any demonstration in the Village without first filing not less then fifteen (15) days in advance a declaration with the Village Clerk in accordance with the terms of this Local Law. The declaration will state the time, location and intended purpose of the demonstration. Any person holding a permit issued by the Village for a parade shall not be required to file such declaration in connection with such parade. SECTION V. CONSTRUCTION WITH OTHER LAWS AND REGULATIONS. Any individual, partnership, limited liability company, corporation or other legal entity that files a declaration in accordance with this Local Law must also comply with: A. Any Village law or regulation concerning the construction, erection or use of a temporary structure. B. Article 36 of the Village Laws entitled “Noise.” C. Article 22 of the Village Laws entitled “Alcoholic Beverages Open Container Prohibition.” D. All applicable provisions of the New York State Building and Fire Safety Code. SECTION VI. PROHIBITED ACTIONS AND ACTIVITIES. The following actions and activities are prohibited in connection with the conduct of any demonstration: A. Alcoholic Beverages. No person shall carry or possess an alcoholic beverage in an open container while participating in a demonstration. B. Banners. The erection of banners, as defined herein, is prohibited. C. Explosives, Fireworks and Pyrotechnics. No person shall carry or possess any kind, combination or mixture of explosives, fireworks or pyrotechnics while participating in a demonstration. D. Flammable or Combustible Liquids or Gases. No person participating in a demonstration shall carry or possess flammable or combustible liquids or compressed or other gases. E. Facial Coverings. No person participating in a demonstration shall wear a facial covering, regardless of the material of which such covering is made, that covers such individual’s face between the chin and forehead, except in the case that the facial covering is worn in observance of the wearer’s religion. F. Gas Masks. No person participating in a demonstration shall carry, possess or wear a gas mask or similar device designed to filter air breathed or to protect wearer’s face against irritating, noxious or poisonous gases. G. Handcuffs. No person participating in a demonstration shall carry, possess or wear handcuffs or similar restraining devices. VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall Dec 10, 2012 – 7PM Page 3 H. Fencing Material. Materials commonly used for fencing, including barricades which could be used to obstruct or limit the movement or access of persons, may not be carried or possessed by participants in a demonstration. Such fencing material or barricades may be placed at the demonstration site by governmental agencies in order to limit the area in which the demonstration occurs and continue to allow free access to sidewalks, roads and other public places in accordance with local, state and federal law and regulations. I. Injury, Physical. No person participating in a demonstration shall take any action that is reasonably likely to cause physical injury to another person or to property. J. Interference with Emergency Services. No person participating in a demonstration shall take any action that is reasonably likely to interfere with fire or police protection or delivery of emergency services to persons or areas in the vicinity of the demonstration. K. Obscene Material. No person participating in a demonstration shall display, carry or possess any obscene material as defined in accordance with Section 235.20 of the New York State Penal Law. L. Noxious Materials; Acid or Base Chemicals. No person participating in a demonstration shall use, carry or possess any acidic or basic chemical or noxious material, regardless of whether in a solid, liquid or gaseous physical state, in any concentration, strength or quantity that could cause harm, pain or physical discomfort to any other person. M. Pipe Material. No person participating in a demonstration shall carry or possess any length of plastic pipe in excess of 1/4" thick, or any metal pipe, metal angle iron, box steel, flat steel or similar material. N. Wood Objects. No person participating in a demonstration shall carry or possess any wooden object unless it is blunted at both ends, it is not in excess of 1/4" thick, not in excess of 2" in width or, if not generally rectangular in shape, not in excess of 3/4" at its thickest point. O. Projectile Launchers. No person participating in a demonstration shall carry, possess or wear any equipment or device intended or used to launch projectiles or otherwise to throw or hurl any object, liquid, material or substance. P. Roads and Driveways. No person or group of persons participating and in a demonstration shall block or prevent the lawful use of any Village road or any driveway from any Village road. Q. Sidewalks. No person or group of persons participating in a demonstration may block or prevent any lawful use of a public sidewalk or any ingress to or egress from any building by standing within fifteen feet of a doorway or entrance. R. Signs. No sign or combination of signs shall render impassable any public road or sidewalk or block or prevent ingress to or egress from any public road or sidewalk or render passage to, from or across any public road or sidewalk unreasonably difficult or hazardous. Signs, whether mounted on a supporting structure or held by hand, constructed solely of cloth, paper, plastic or cardboard, or any combination thereof, no greater than 1/4" thick, may be carried by participants in a demonstration. S. Sirens or Air Horns. No person participating in a demonstration shall use, carry or possess any hand-held or vehicle-mounted siren or air horn. T. Splinter Groups. No group participating in a demonstration shall separate from the main group to conduct a separate demonstration either at a different location or for a different purpose or cause without first filing a separate declaration with the Village Clerk. U. Temporary Structures. No temporary structure may be constructed, erected or placed in any location in connection with a demonstration. SECTION VII. RESTRICTED ACTIONS AND ACTIVITIES. The following actions and activities will be restricted as described below. VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall Dec 10, 2012 – 7PM Page 4 A. Flyovers. Flyovers and aircraft trailing banners are not permitted in connection with any demonstration unless described in the declaration for the demonstration filed with the Village Clerk and unless a copy of the FAA authorization permit for such flyover has been included with the declaration. B. Firearms. No person involved in a demonstration shall use, carry or possess any firearm, whether real or a replica, whether for ceremonial use (as in a colorguard) or otherwise, unless such use, carrying or possession has been approved in advance in writing by the Village Police Department and is in compliance with all other applicable Village and State laws and regulations concerning such use, carry or possession, including, but not limited to, the requirements of Local Law Number 2 of the year 1999 of the Village. C. Sound-Producing or Amplifying Devices. Sound-producing or amplifying devices may be used during a demonstration provided that the sound cannot be heard at a distance of over 250 feet from the perimeter of the location of the demonstration, and provided that such use is in compliance with applicable Village law, including, but not limited to, the Village Noise Ordinance. D. Electricity. Electrical connections are not available on any Village property. Electrical connections from private property and electrical generators will be permitted to be used in connection with demonstrations provided that such connections and use have been inspected by a licensed electrical inspector and verified, in writing, to be in compliance with the National Electric Code and any applicable local and State law and regulations, and a copy of such inspection report has been filed with the Village Clerk prior to such use. SECTION VIII. PENALTIES FOR VIOLATIONS. A. Any violation of this Local Law is hereby declared to be an offense. For conviction of a first offense, the violator shall be subject to a fine in the minimum amount of $50 and the maximum amount of $250, or imprisonment not to exceed 15 days, or both. B. For conviction of a second or subsequent offense which was committed within a period of one (1) hour from the commission of the prior offense, the violator shall be subject to a fine in the minimum amount of $100 and the maximum amount of $400, or imprisonment not to exceed 15 days, or both. C. For the conviction of a third or subsequent offense which was committed within any continuous 24 hour period, the violator shall be subject to a fine in the minimum amount of $250 and the maximum amount of $750, or imprisonment not to exceed 15 days, or both. SECTION IX. 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 X. 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 XI. 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, VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall Dec 10, 2012 – 7PM Page 5 certified by the Village Clerk, and showing the date of its passage and entry in the Minutes of the Village Board of Trustees. M. Mindlin spoke against proposed local law “F” as being an unconstitutional. No other speakers for proposed local law “F” Mayor Supron Closed Public Hearing “F” at 7:07PM Mayor Supron opened the second public hearing for proposed local law “G” Proposed Local Law “G” of the year 2012 A LOCAL LAW TO PROVIDE FOR REGULATION OF PARADES AND SPECIAL EVENTS. 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 regulations governing the time, place and manner of parades and special events that take place in the Village of Cayuga Heights (the “Village”). The intent of this Local Law is to establish a permit process for the conduct of parades and special events and to provide reasonable restrictions in connection with the conduct of parades and special events in order to maintain public safety. SECTION II. AUTHORITY . This Local Law is enacted pursuant to the grant of powers to local governments provided for in 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. SECTION III. DEFINITIONS . A. Parade . A procession of any kind on a public street, road, highway or sidewalk in the Village that is intended to attract public attention or promote a cause and that does not comply with other Village Local Laws, regulations or ordinances governing the use of Village streets, roads, highways or sidewalks. B. Public Place . Any area or location to which the general public has unrestricted access, however, the term “public place” shall not include the interior floor space of any building or any area covered by any part of a building’s roof. C. Special Event . Any event, occasion or celebration open to the public and held at or upon any public street, road, highway or sidewalk or public park or other public place, or conducted at such a location and in such a manner as to significantly impact, impair or limit the public’s access to any public street, road, highway or sidewalk or public park or other public place. SECTION IV. PERMIT REQUIRED. No parade or special event shall take place in the Village of Cayuga Heights at any time on any public street, road, highway or sidewalk or other public place unless a permit for such parade or special event at that time and at that location has been issued by the Village Clerk in accordance with the provisions of VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall Dec 10, 2012 – 7PM Page 6 this Local Law. No person shall participate in, aid or form a parade or special event unless a permit for said parade or special event has been issued by the Village Clerk, and no person shall take part in any parade or special event which is proceeding in a manner other than in accordance with the terms of such permit and the provisions of this Local Law. SECTION V. EXCEPTIONS TO REQUIREMENT FOR PERMIT. The provisions of this Local Law shall not apply to, and no permit hereunder will be required for: A. Parades or special events in which all persons taking part therein are officers of any police department, members of any fire department, members of any of the armed forces of the United States, including, but not limited to, reserve members, veterans of any of such departments or forces, or officials of governmental units, or any combination of such persons. B. Parades or special events declared by resolution of the Board of Trustees of the Village to be a part of official Village ceremonies or to be sponsored by the Village. C. Students going to or from school to attend school or to participate in a school activity, or students participating in a school activity, provided that such activity is under the immediate direction and supervision of school personnel. SECTION VI. PERMIT APPLICATION AND CONTENTS. A. Application for the permit must be made not less than ten (10) business days prior to the proposed date of the parade or special event. The application must be made in such form as required by the Village Clerk. Each application for each parade or special event must be accompanied by an application fee in the amount of $25. The Clerk will issue the permit not later than five (5) business days after the Clerk has received a complete application. B. Each permit issued in accordance with this Local Law shall (1) state the name(s) of the organization(s) participating, (2) state the name of the individual or, if a committee without a chairman, the names of all members of the committee, chiefly responsible for the marshaling and organization of the parade or special event, (3) identify the street(s), road(s), highway(s), sidewalk(s) or other public place(s) through which the parade will proceed or the public place at which the special event will take place, (4) specify how much of the width of the street(s), road(s), highway(s), sidewalk(s) or other public place(s) the parade will occupy, and (5) state the date and hours during which the parade or special event will take place. SECTION VII. POTENTIAL DENIAL OF PERMIT. A. The Village Clerk shall promptly deliver a copy of the permit application to the Mayor, the Police Chief and the Fire Chief. If any of the Mayor, the Police Chief or the Fire Chief notify the Clerk that the parade or special event for which a permit is sought would endanger public health or safety or would be detrimental to the public welfare, the Village Clerk shall promptly notify the members of the Board of Trustees that the Clerk has been so notified, and the Clerk shall refrain from issuing the permit unless and until directed to do so by resolution of the Board of Trustees. B. If the Village Board of Trustees shall determine, based upon the contents of the application and any additional information presented to them, that such permit should not be issued because the parade or special event for which a permit is sought would endanger public health or safety or would be detrimental to the public welfare, the Board VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall Dec 10, 2012 – 7PM Page 7 of Trustees shall, by resolution, deny the issuance of a permit, and the Village Clerk shall deliver written notice of such action to the applicant. C. In addition to the circumstances described at subsections A and B above, the Clerk will not issue a permit if: 1. The parade or special event for which a permit is sought would conflict with another parade or special event for which a permit previously has been issued or for which an application was made prior to the subject application and for which a permit is to be issued. 2. The parade or special event would conflict with a parade or special event for which not permit is required in accordance with Section V above. 3. The parade or event is to be held for the purpose of advertising any commercial product, goods or event or is designed for private profit. SECTION VIII. PUBLIC CONDUCT DURING PARADE OR SPECIAL EVENT. No person shall drive any vehicle between the vehicles, persons or animals participating in a parade proceeding in accordance with the terms of a permit issued therefor by the Village Clerk when such parade is underway or is conspicuously designated as a parade or when the vehicles, persons or animals participating in the parade are in motion or are readily identifiable as participating in a parade. No person shall hamper, obstruct, impede or interfere with any person, vehicle or animal participating in or used in a parade or special event. SECTION IX. PARKING PROHIBITIONS. The Police Chief shall have the authority to prohibit or restrict the parking of vehicles along the street(s), road(s), highway(s), sidewalk(s) or other public place(s) constituting any part of the route of a parade, or adjacent to the location of a special event, and to cause signs to such effect to be posted. It shall be unlawful and a violation of this Local Law for any person to park or leave unattended any vehicle in a location in violation of any parking prohibitions or restrictions so posted. SECTION X. CONSTRUCTION WITH OTHER LAWS AND REGULATIONS. Any individual, partnership, limited liability company, corporation or other legal entity that is issued a permit in accordance with this Local Law must also comply with: A. Article 36 of the Village Laws entitled “Noise.” B. Article 22 of the Village Laws entitled “Alcoholic Beverages Open Container Prohibition.” SECTION XI. PENALTIES FOR VIOLATIONS. A. Any violation of this Local Law is hereby declared to be an offense. For conviction of a first offense, the violator shall be subject to a fine in the minimum amount of $50 and the maximum amount of $250, or imprisonment not to exceed 15 days, or both. B. For conviction of a second or subsequent offense which was committed within a period of one (1) hour from the commission of the prior offense, the violator shall be subject to a fine in the minimum amount of $100 and the maximum amount of $400, or imprisonment not to exceed 15 days, or both. C. For the conviction of a third or subsequent offense which was committed within any continuous 24 hour period, the violator shall be subject to a fine in the minimum amount VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall Dec 10, 2012 – 7PM Page 8 of $250 and the maximum amount of $750, or imprisonment not to exceed 15 days, or both. SECTION XII. 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 XIII. 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 XIV. 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. M. Mindlin – spoke against proposed local law “G” for the same reasons as stated against proposed local law “F”. There were no other speakers for the Public Hearing on Proposed Local Law “G.” Mayor Supron Closed Public Hearing “G” at 7:10PM Approval of Minutes for: • November 13, 2012 minutes, November 20, 2012 special meeting minutes Motion: Trustee Riesman Second: Trustee Szekely Resolution #7210 to approve the minutes from November 13, 2012 as amended. Discussion – no other comment All approve – no nays or abstains – motion carried The November 20, 2012 special meeting minutes will be tabled to the January 14, 2012 meeting. Report of Fire Superintendent Tamborelle – 5 minutes • Submitted report • Fire Superintendent Tamborelle attended a meeting with Mayor Supron and Treasurer Mangione at the Town of Ithaca regarding the fire contract with the Town and Village, to be given to Attorney Marcus for review once it’s received from the Town. Treasurer Mangione indicated the Village would be raising about $11,000 more than budgeted $149,000 from the Town of Ithaca. Report of Asst. Superintendent of Public Works Frisbie – 5 minutes (absent from meeting) • Submitted report – Superintendent Cross asked if there were any questions from the Board he could answer on Asst. Superintendent Frisbie’s behalf. No one had questions. VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall Dec 10, 2012 – 7PM Page 9 Privilege of the Floor – 30 minutes - SIGN-UP begins at 6:45PM Mayor Supron opened Privilege of the Floor at 7:15PM M. Mindlin – asked the Board to reconsider adopting the two proposed local laws “F” and “G” referring to her remarks from the Public Hearings. Mayor Supron closed Privilege of the Floor at 7:16PM Report of Mayor Supron – 60 minutes • Sheriff Ken Lansing: the role of the Tompkins County Sheriffs’ Department in law enforcement Sheriff Lansing provided insight as to the how the Tompkins County Sheriff’s office works with the various municipalities in the county. He also expressed communication as being a key component between the sheriff’s department and the municipalities. He pointed out that the Village of Cayuga Heights is fortunate enough to have its own police department. Knowing who to call in the event of an emergency plays a huge role for the right party to be effective with rendering assistance. He provided his Tompkins County email for those wishing to contact him: klansing@tompkins-co.org . Over the last two years his department has been able to save a substantial amount in overtime. He continued to explain with regard to the corrections portion of the budget, he is striving to keep the overtime in check. Sheriff Lansing is working with the County to determine ways to add utilize the Public Safety building as a full correction facility in order to save the tax payers money by not having to board out inmates. The department has also purchased a 4 cylinder vehicle similar to the one the Village has just purchased, which saved on purchase cost and future fuel costs. He made the commitment to provide the Village of Cayuga Heights any support needed whenever possible. Board members asked a variety of questions. How many officers are there at the county? He stated there are no part-time officers, 33 full-time officers on patrol staff and five administrative positions. In the corrections facility there are 45 people. How many inmates are allowed in the corrections facility? The corrections facility is able to hold 72 inmates with a variance (annual renewal with the Commissioner of Corrections in Albany) which allows for room of up to 18 more people. What type of services are provided to municipalities who don’t have their own force? Sheriff Lansing’s response was all about communication – the sheriff’s department and the state police work together offering a coordinated effort to cover the entire county in the event of emergencies or related incidents and quicker response time. The Sherriffs’ Department keeps a minimum of three patrols on the road each shift, plus a sergeant. • Discussion of Proposed Local Laws: “F” & “G” Discussion of proposed local law “F” – Attorney Marcus added for the record, an explanation to addess the misconception of the members of the public present of the way local laws are adopted. It begins with a member of government, in this case Village Police Chief, introducing a proposed local law to the Board. Attorney Marcus asked Chief Steinmetz to explain the basis behind this proposed local law. Chief Steinmetz indicated this has been in the development stage since 2008 when past Chief Boyce and himself, then a sergeant, went to a training workshop for civil disobedience and problems with demonstrations. At this workshop they learned the legal issues and discussed preparing an ordinance or policy to deal with any type of demonstration with multiple people. This is one of the objectives of the Police Chief and bringing the department in line with current issues and events. This policy is almost a mirror policy from a neighboring municipality. One of the items from the training is protecting people’s first and fourth amendment rights. The courts have ruled that governments and states are allowed to enact reasonable time, place and manner restrictions for freedom of speech and assembly in accordance of Ward v. Rock against racism in 1989. If a law is challenged, the Supreme Court will consider whether the law is content neutral; is the law narrowly tailored to service specific government interest; and did the law leave enough open and ample alternatives for the line of communication or assembly. When any VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall Dec 10, 2012 – 7PM Page 10 local law potentially impacts the constitution amendments or civil rights, it’s best to review carefully, which is occurring at this meeting. This proposed local law meets the three requirements. This is being put to the Board for review to keep the police and public safe. Attorney Marcus added that the Chief sent him a copy of this proposed local law back in September. Attorney Marcus did some editing and this proposed local law was sent to the Board for review. As a standard course of procedure this was discussed at last month’s meeting and a public hearing was set for tonight. NYCOM was consulted and has information and offers suggestions and provisions that can be incorporated in local laws. One of the items in proposed local law “G” that will have to be removed is the exception in the Parade proposal for uniformed officers of a military group or a police force, the court has ruled that exempting out that category of parade participants or organizers is actually an unfair distinction If someone needs a permit for it then everyone needs a permit for the event – in section 5a in the proposed local law “G”. These forms are in line with the forms that NYCOM recommends. Trustee Crooker offered comments on proposed local law “F” as not reflecting who the Village is. If there is a need to regulate demonstrations to protect the public this should be the purpose of this law. There are three items to address: 1. Filing the declaration – 15 days (2 weeks) is an excessive amount of time 2. Having requirements to file information in the declaration is an excuse to dis-assemble the assembly – you say there will be 25 people – and 27 show up – now you are in violation of the original declaration. 3. Banners, facial coverings and gas masks –this does not protect public safety. People wear masks to protect identities when public speaking. Anonymous speech is protected. Gas masks – this is obvious- pepper spray and tear gas is used to break-up a crowd. If teargas is being used they are breaking other laws than the local ordinance. Trustee Crooker is not saying this should not be a law. These are his opinions. The term “block” needs to be more specific. There are so many other state laws that address bad behavior – why be so restrictive with this law. He continued to discuss the difference between “civil disobedience” and “public demonstration”. Chief Steinmetz responded to say there is a fine line between the two. An event could start out as being calm and then with interaction of a few, could escalate into something larger. Currently, the Village does not have any restrictions on demonstrations or protests in place nor is there any guidance for the police to follow. Mayor Supron summarized to say some situations are already prohibited by the law. The question is, and we all support the right to peaceable assembly, do we need to have all this in the ordinance to set the stage for the demonstration or event? Trustee Andolina indicated this is a signaling device for the potential demonstrators by spelling out the guidelines. Trustee Karns asked whether this proposed law is overly specific, given existing prohibitions in the existing penal code. Chief Steinmetz pointed out this takes some of the means away. Trustee Szekely agrees to the idea of giving guidelines for peaceful demonstrations – and indicating the conditions to do so. It was decided to send this proposed local law back to the Public Safety Committee to be reworked. Trustee Hamilton suggested the following be added – that in the exercise of free speech people are not allowed to violate the laws. Here are some of the ways demonstrations could lead to the violation of the law and will be prohibited by the Village as well as penal law: anything that is violent, reckless or endangerment, anything involving toxic substances, anything that impedes law enforcement. There could be others spelled out in general terms that the law will apply to anyone at any time. The Public Safety Committee (Trustees Andolina and Riesman) will add Trustee Hamilton to the committee to make changes to this proposed local law and then present it back to the Board and public hearing at a future meeting. VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall Dec 10, 2012 – 7PM Page 11 Chief Steinmetz indicated dividing out the parade as there is a need for a separate ordinance giving guidelines for parades. There are certain safety concerns such as street closings that need to be addressed, and not on a case by case basis. The Village’s current zoning law does not address temporary structures; some of these definitions need to be left in there. Some are very specific and are in there for a reason – such as, giving a way to control what can be used against the police force in the Village, keeping the cost of damage down. Attorney Marcus agreed saying having a local law that basically says: if you violate the law while engaging in freedom of expression – then you are violating the law but tie it in such that it is enforceable by the local police force. It is not an issue of who receives the fines but whether or not the local police force can readily take action to protect the peace, and preserve property. If it’s been determined by the police officer that there has been a violation of State law these laws could provide that he action also violates local law such that the Village police can take action under the local law. Trustee Andolina pointed out that the Chief is looking at what possibilities might happen, not what’s likely to happen. How specific do we get – not knowing what the future holds and who will bring what to the event that can be used as a weapon. Mayor Supron and Trustee Andolina suggested sending both proposed local laws “F” back to the Public Safety Committee for more work. All suggestions and comments are to be sent to the committee for review. Discussion began on proposed local law “G”. Trustee Karns asked if there were requirements that are related to insurance. Attorney Marcus said there is “special event insurance” depending upon the circumstances and the location, similar to what the Ithaca Festival gets. Attorney Marcus pointed out it being easier to get insurance if you are a recognized organization, such as the school; but not easy if individuals wanted to hold a parade. Trustee Andolina asked what the insurance would cover. Items such as property, injury, and to hold the Village harmless would be insured against. Trustee Hamilton asked if police overtime would be included. Chief Steinmetz brought up that the City just revised their ordinance to cover the Ithaca Festival and the overtime for the police coverage there. Chief Steinmetz gave the example of the Kiwanis club wanting to organize a “Billy Goat” run which would go up Remington Rd. He has consulted with the organizers, who have indicated they will have people volunteering as race monitors at the intersections to oversee traffic issues. Chief Steinmetz said he told the organizers the police department would provide barricades to be used at the time the runners are crossing the streets to stop traffic. Trustee Andolina said that the language in the local law would charge the organizers the overtime of the officers. Trustee Crooker added in section 7A – “If any of the Mayor, the Police Chief or the Fire Chief notify the Clerk that the parade or special event for which a permit is sought would endanger public health or safety or would be detrimental to the public welfare, the Village Clerk shall promptly notify the members of the Board of Trustees that the Clerk has been so notified, and the Clerk shall refrain from issuing the permit unless and until directed to do so by resolution of the Board of Trustees” his interpretation is that the Board is the body to deny the permit. What is a reasonable response time? For instance, someone asking for a Saint Patrick’s Day parade permit cannot be expected to wait until Easter for a decision. Attorney Marcus also said the law could state that if you do not hear by so many days, then the permit is granted. Mayor Supron summarized to say this will also be sent to the Public Safety Committee for revisions and be put before the committee next month. • Time Warner Cable update –Mayor Supron has not heard of any progress from Computel since the last meeting when we advised them to proceed. Regarding the Franchise Cable agreement negotiation – there is a sub-committee within TCCOG putting together a template but nothing has been put forth from the sub-committee yet. Mayor Supron asked the Board to re-appoint, by VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall Dec 10, 2012 – 7PM Page 12 resolution, Ms. Wies VanLeuken as the Village representative to the Access Oversight Committee. Motion: Trustee Szekely Second: Trustee Hamilton Resolution #7211 to approve the re-appointment of Ms. Wies VanLeuken, as the Village representative, to the Access Oversight Committee. Discussion: no other comment All approve – no nays or abstains – motion carried . • Comprehensive Plan: discussion on additional public input on revised draft and process of SEQR review. The revised Draft is on the website and Mayor Supron discussed with Mr. Martin Harms the next steps in taking the Comp Plan through the SEQR review. The Planning Board will complete part one and present it to the Board and then the Board will complete SEQR part two. Mayor Supron asked whether once we go through the SEQR process, making changes to the Comprehensive Plan would be more difficult. Attorney Marcus concurred with her statement and added a recommendation to hold a public hearing prior to completing the SEQR. The public hearing has to be held within 90 days of the Planning Board having delivered the draft the Planning Board believes is worthy of the Board’s consideration. Mayor Supron expressed the need for more public input and perhaps more informal hearings. It was decided to schedule two informal open public questions and answer meetings to give an opportunity for public input to this draft of the Comprehensive Plan. Attorney Marcus indicated the Public Hearing must be held on or before February 26, 2013. Trustee Hamilton suggested in addition to the general informal meetings to invite specific people to review the draft Comprehensive Plan. Motion: Trustee Riesman Second: Trustee Andolina Resolution #7212 to schedule an special open meeting of the Board of Trustees on January 17 th at 7PM- 8:30PM for public input on the draft Comprehensive Plan, at a place to be determined. Discussion: no other comment All approve – no nays or abstains – motion carried . Motion: Trustee Andolina Second: Trustee Riesman Resolution #7213 to schedule an special open meeting of the Board of Trustees on January 30 th at 7PM - 8:30PM for public input on the draft Comprehensive Plan, at Marcham Hall. Discussion: no other comment All approve – no nays or abstains – motion carried . Motion: Trustee Riesman Second: Trustee Szekely Resolution #7214 to schedule a Public Hearing on the draft Comprehensive Plan to be held at the February 11, 2013 Board of Trustees regular meeting at 7PM, Marcham Hall. Discussion: no other comment All approve – no nays or abstains – motion carried . VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall Dec 10, 2012 – 7PM Page 13 Trustee Szekely and Mayor Supron will personally contact several people to review copies of the draft Comprehensive Plan which will then be discussed at the two scheduled informal meetings in January. Mr. Martin Harms and the Board discussed contracting Mr. George Frantz to work with the Planning Board on the SEQR Part 1 for the Comprehensive Plan which should be completed prior to the March 11, 2013 regularly scheduled Board of Trustees meeting. Motion: Trustee Szekely Second: Trustee Hamilton Resolution #7215 to authorize the Village to enter into a contract with Mr. George Frantz to work with the Planning Board to complete the SEQR Part 1 of the draft Comprehensive Plan at a rate of $90 per hour, not to exceed $1,500, with additional funds to come from contingency if needed. Discussion: no other comment All approve – no nays or abstains – motion carried . Trustee Andolina asked if there was a budget for the Comprehensive Plan. Treasurer Mangione did not have the remaining balance at this meeting but would be able to provide this information during regular office hours. Treasurer Mangione explained that the State Comptroller’s office has instructed her that every member of the Board of Trustees must review the vouchers in addition to reviewing the abstract as part of our fiscal oversight. This additional step is required by New York State law and gives another opportunity to review and ask questions regarding any and all presented bills. Each member of the Board needs to review each month, each voucher to see if you agree with how the money is being spent. Trustee Andolina indicated he asked NYCOM this specific question at the training session for newly appointed officials and was told yes – there is a fiduciary responsibility to review the expenditures but they indicated that the Abstract would be sufficient. He continued to say the Board does recognize the fiduciary responsibility and executing this as our fiduciary responsibility. Treasurer Mangione suggested coming in an hour prior to the meeting if it would be easier. • Review and discuss VCH water surcharge – Last month the Bolton Point water rate was approved. Mayor Supron suggested reducing the percentage of the surcharge. The Village doesn’t have sufficient cause to leave the surcharge at 100%. Currently the Village charge is $6.30/1000 gal of water – the projected charge would be $8.00/1000 gal of water related to the Bolton Point charge of $4.00/1000 gal of water. Mayor Supron suggested dropping the surcharge to 79% of the Bolton Point rate. This would mean the Village would charge $7.16/ gal of water – this is a $.86 increase in the current rate – approximately 14%. Motion: Trustee Karns Second: Trustee Andolina Resolution #7216 to adjust the water rate surcharge from 100% to 79% to be applied to the February 2013 quarterly billing. Discussion: there is a need to look at the infrastructure in the Village to determine if this surcharge continues to be adequate. Trustee Szekely suggested alerting the residents of the reason for the change in the surcharge and this being an attempt to keep the revenue neutral. Mayor Supron indicated this increase has been posted on the Bolton Point website and was noted in the Ithaca Journal. All approve – no nays or abstains – motion carried . VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall Dec 10, 2012 – 7PM Page 14 Report of the Trustees – 10 minutes • Trustee Szekely would like to recommend the book “Nature Wars” by James Sterba. His book looks at the history of woodlands in the U.S and wildlife management across the country focusing on beaver, deer, turkeys and bears. • Trustee Riesman reported on attending the last Town of Ithaca Comprehensive Plan committee meeting. After three and a half years, the Town has a draft of a Comprehensive Plan promoting a strong quality of life and sustainability. She is a non-voting member representing Cayuga Heights but the voting members passed a resolution to formally submit the Comprehensive Plan to the Town Board – which also passed. She remarked on the great experience and believes the plan is very strong. This is a very good connection between the Village Board and the Town of Ithaca, as well as our continuing cooperation with the Village fire department – a positive experience. Trustee Riesman excused herself from the meeting at 10PM. • Trustee Karns reported on the Tompkins County Healthcare Consortium. The Town of Lansing and the City of Cortland are becoming members of the Consortium. There is an audit being conducted by the State currently, which seems to be going well. Report of Chief Steinmetz – 20 minutes • Submitted report – no other comments were addressed. • Chief Steinmetz requested the Board discuss authorizing Officer Jerry Wright to attend the Police Supervisor course being held at the City of Elmira training facility in the amount of $600.00. This is mandatory for officers who have been promoted. Motion: Trustee Karns Second: Trustee Andolina Resolution #7217 to authorize Sergeant Jerry Wright to attend the police supervisor course at the Elmira Regional Public Training Center, the cost of the course not to exceed $600.00 Discussion: no other comments All approve – no nays or abstains (Trustee Riesman absent from vote) – motion carried. • Chief Steinmetz reminded the Board of receiving the Policy and Procedures manual from Mr. Douglas Robertson at last month’s meeting. He asked the Board to provide feedback regarding the contents of the manual. Then, suggested the Board may want the Public Safety committee to review the manual and make recommendations. Trustee Andolina suggested the Public Safety committee focus on the local laws as discussed earlier and the Policy and Procedures manual and then provide recommendations to be discussed with the Board at its January 14th meeting. Report of Superintendent of Public Works Cross - 5 minutes • Superintendent Cross pointed out that in order to keep his part of the meeting concise, the Public Works committee discusses many of the topics that would normally be discussed at the Board meetings. • Marcham Hall project update – Superintendent Cross believes this continues to be a positive project experience. There has been one small obstacle. In the process of looking for a roofer to provide labor and material, the quotes were rather high. Two other contractors have given good quotes and as he will be out of town, he has asked them to work with David Snyder on the details. VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall Dec 10, 2012 – 7PM Page 15 • Yaws contract – Superintendent Cross asked the Board to consider extending the Yaws contract until the end of May 2013 when a renewal could then begin on June 1, 2013. Mr. Jerry Smith has submitted an extension of his current contract with a no cost increase until May 2013. Motion: Trustee Hamilton Second: Trustee Crooker Resolution #7218 to authorize Mayor Supron to execute an extension and continue the terms of the current contract with Yaws through the end of May 2013 with a no cost increase. Discussion: no other comments All approve – no nays or abstains (Trustee Riesman absent from vote) – motion carried. • Stearns and Wheeler update regarding the Phosphorus treatment at the Waste Water Treatment Plant. Cross reported as of today’s meeting a new chemical is being used at a different location and the results are looking promising. With the results from the final number in November we are achieving compliance with the goal established – less than .2. However, are we at a point where we can discuss with the DEC – one month is good but we need to see a couple of months more of results before contacting the DEC. • Fence ordinance compliance update – Superintendent Cross indicated of the 40 or so cases of fences that were sent mailings about not being compliant, some were made compliant, and some were erroneous, leaving around just over 20 where the owners were seeking a variance. There are three or four left to be addressed. Attorney Marcus pointed out that all but one has been provided a variance. Cross estimates finishing these cases by the end of February 2013. Trustee Andolina asked how many of the 40 or so cases were related to other than the new fence ordinance. Superintendent Cross said there were about 24 cases that had other types of violations - some fences would have been in violation prior to the new fence ordinance if it had been enforced. Of the 40 cases, 16 provided documentation of either modification or removal. There are 3 or 4 remaining who have not responded in any way and Superintendent Cross will have to require an answer within 7 days or they will be invited to appear before the Judge. Report of Clerk Mills - 5 minutes • Bids were sent out for the Dodge Durango only one sealed bid was received from Gil’s Auto Sales, who offered $2,000. Chief Steinmetz added Kelly Blue Book estimated $7,000 for fair condition trade-in. For less than fair condition the estimate is $5,000. At the auction sites, the value was listed at $3,500 – this site looks at condition. Motion: Trustee Andolina Second: Trustee Crooker Resolution #7219 to authorize Clerk Mills to accept the bid offer of $2,000 from Gil’s Auto Sales for the 2007 Dodge Durango, former police vehicle. Discussion: Trustee Andolina advised we might get more or not and the Village is not in the business to sell used cars. All approve – no nays or abstains (Trustee Riesman absent from vote) – motion carried. VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES Minutes 836 Hanshaw Rd – Marcham Hall Dec 10, 2012 – 7PM Page 16 Report of Treasurer Mangione – 5 minutes • Submitted report • Treasurer Mangione asked the Board to reapply the original approval for the assistant to help with the AUD. The following was requested at the October meeting : ‘Treasurer requests use of appropriate consulting services and blanket budget modification authority to assist in preparation and finalization of the AUD. Resolution #7175 to authorize Mayor Supron to sign a consulting contract with Ted Jones, not to exceed $1,000, for the purpose of advice relating to preparation of the Village’s Annual Update Document (AUD) for submission to the Office of the State Comptroller. Payment will be charged to General Fund account 1325.410 – Treasurer: Contractual.’ Treasurer Mangione would like the Board to consider revising it to be the following: RESOLVE to authorize Mayor Supron to enter into an agreement with an accountant to be named, not to exceed $1,000, for the purpose of advice relating to preparation of the Village’s Annual Update Document (AUD) for submission to the Office of the State Comptroller. Payment will be charged to General Fund account 1325.410 – Treasurer: Contractual. Motion: Trustee Andolina Second: Trustee Crooker Resolution #7220 to authorize the Mayor to sign a contract for accounting services not to exceed $1,000. Funds will be drawn on Treasurer Contractual – A1325.410 . Discussion: no other comment All approve – no nays or abstains (Trustee Riesman absent from vote) – motion carried. Motion: Trustee Karns Second: Trustee Crooker Resolution #7221 to modify FYE2013 Budget to appropriate an additional $2,301.20 each to A5110.200, A5142.200, A8160.200, F8350.200, and G8120.200. Discussion: no other comment All approve – no nays or abstains (Trustee Riesman absent from vote) – motion carried. Motion: Trustee Szekely Second: Trustee Andolina Resolution #7222 to approve Abstract #7 for FYE2013 consisting of TA vouchers 63 – 74 and General Fund vouchers 445 – 510 in the amount of $540,542.85 and instruct the Treasurer to make payments thereon. Discussion: no other comment All approve – no nays or abstains (Trustee Riesman absent from vote) – motion carried. Report of Attorney Marcus – 5 minutes No reports for this meeting Adjourn @ 10:40PM Submitted by Clerk Mills