HomeMy WebLinkAbout11202012minutes.pdfVILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES
Minutes Special Meeting - Marcham Hall Nov 20, 2012 – 9AM
Page 1
Present : Mayor Supron, Attorney Marcus, Trustees: Andolina, Crooker, Hamilton, Karns, Riesman, and
Szekely, Police Chief Steinmetz, Clerk Mills
Call to Order
Mayor Supron called meeting to order at 9:05AM
Mayor Supron addressed the Board and members of the audience reminding them that this special
meeting has been scheduled to review options and determine specific actions for the deer management
program.
As a result of the Village receiving the property use consent forms, there are not enough culling sites in
the Village. As a result the Village Board asked the DEC for permission to increase the number of deer
sterilized. Mayor Supron wrote a letter to the Special Licensing Unit at the DEC prior to our 11/13
meeting, and received a response from them on Friday granting a modification to the Village’s License to
Collect and Possess, increasing the number of does to be captured and sterilized from 60 to 145.
Attorney Marcus reviewed the steps the Board would need to take to modify its deer management plan.
The only potentially significant adverse impacts the Board identified during its extensive SEQR were the
actual physical impact of culling on the deer and the public controversy over culling. These two
“positive declarations” triggered the Environmental Impact Study, conducted for the Board with
assistance from Tim Miller Associates.
The Board acknowledges that based upon property use consent forms submitted by Village residents to
the CHPD, we do not currently have enough culling sites needed for phase 2 of the Board’s approved deer
management program, and therefore wishes to increase the number of does to be sterilized. This change
requires an amendment to the Findings Statement, which was drafted by Attorney Marcus and distributed
to the Board for review on Saturday. Attorney Marcus reviewed the draft of the revised Findings
Statement, which follows the same format of the original Findings Statement, approved by the Board on
4/11/2011.
The change currently being considered by the Board reduces the potentially negative impacts identified
by the Board during its SEQR, by adopting the “sterilization only” approach reviewed during SEQR.
Attorney Marcus discussed the contents of the proposed SEQR Findings Statement Amendment –
subsection 4. Attorney Marcus read subsection 5 of Part A as being the operative component with respect
to amending the SEQR Findings aside from adding the pages of information.
Attorney Marcus explained and read selected portions of the draft he had circulated to the Trustees of the
Findings Statement Amendment.
State Environmental Quality Review
Findings Statement - Amendment
Deer Management Plan
Village of Cayuga Heights
Tompkins County, New York
Adopted: November 20, 2012
VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES
Minutes Marcham Hall Nov 20, 2012 – 9AM
Page 2
This document is an Amendment of the Findings Statement prepared and adopted by the Village Board of
Trustees on April 4, 2011 (the “Findings Statement”) pursuant to and as required by 6 NYCRR Part
617.11 implementing the New York State Environmental Quality Review Act (SEQRA). This Findings
Statement Amendment draws upon the information in the Village of Cayuga Heights (the “Village”)
record in connection with the Village's program for deer management (the “Deer Management Plan,” of
“DMP”) as set forth on the Village's website; the Draft Environmental Impact Statement (DEIS) dated
November 1, 2010, and comments received on the DEIS at a duly noticed public hearing held on
December 6, 2010, along with written comments received on the DEIS; the Final Environmental Impact
Statement (FEIS) dated March 14, 2011, and comments received on the FEIS between March 14, 2011
and ten days thereafter; the Findings Statement itself; the Decision, Order and Judgment dated September
14, 2011 of the State of New York Supreme Court, Honorable Phillip R. Rumsey, Justice Presiding (the
“Supreme Court Decision”), in the action brought against the Village by opponents of the DMP seeking
annulment of the DMP and challenging the Village’s SEQRA review of the DMP, along with all
documents filed in connection with such action; the Memorandum and Order dated June 14, 2012 of the
State of New York Supreme Court Appellate Division, Justice Lahtinen presiding (the “Appellate Court
decision”), in the appeal of said action, along with all documents filed in connection with such appeal;
and such information and materials provided to or obtained by the Village since undertaking the DMP.
In preparing this Amendment of the Findings Statement the Village of Cayuga Heights Board of Trustees
has given due consideration to the DEIS, FEIS, the Findings Statement itself, community and agency
input and other documents reviewed and considered in conjunction with the SEQRA process. Further, this
Amendment of the Findings Statement incorporates by reference the facts and conclusions in the DEIS
and FEIS relied upon by the Board of Trustees to support its decisions, and considers and balances the
relevant environmental impacts with “social, economic and other considerations” which form the basis for
its decision (6 NYCRR 617.11(d)).
Pursuant to Article 8 (SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617, the
Village of Cayuga Heights Board of Trustees as Lead Agency made and adopted the Findings set forth in
the Findings Statement and makes and adopts the additional Findings set forth in this Amendment. The
Findings Statement and all of the Findings set forth therein are hereby incorporated in their
entirety into this Amendment by reference. All capitalized terms used in this Amendment but not
defined herein will have the respective meanings given to such terms in the Findings Statement.
A. Additional Information Obtained Since the Findings Statement and Additional Findings.
1. Confirmation of the Village’s Compliance with SEQRA
The Supreme Court decision provided confirmation that the Village’s SEQRA review of the DMP was
wholly consistent with the requirements of the SEQRA process. The Court concluded that “there is
sufficient evidence in the record to show that [the Village] complied with SEQRA,” that the DMP
“adopted by [the Village] is generally consistent with the DEC’s recommendation for managing deer
populations in urban and suburban areas” and that the petitioners’ “contentions have been considered and
have been rejected.” Following the Village’s receipt of the Supreme Court’s confirmation that Village
had in all respects satisfied the requirements of SEQRA and that the DMP could proceed, the Village
began the necessary steps for implementation of the DMP.
2. Further Confirmation of the Village’s Compliance with SEQRA
The opponents of the DMP then appealed the Supreme Court decision. The Village again prevailed, with
the Appellate Division in to affirming the Supreme Court decision. The Appellate Court decision
concluded as follows.
VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES
Minutes Marcham Hall Nov 20, 2012 – 9AM
Page 3
We are unpersuaded by petitioners’ contention that respondent failed to provide sufficient data
for informed public comment and failed to take a hard look at important adverse impacts of the plan. The
DEIS was detailed in describing the problem, the proposed solution, the potential impacts, and the
alternative approaches. Moreover, the DEIS was similar in its recommendations to the DRAC report,
which had been issued and made public over a year before the DEIS was issued. There was ample
information and sufficient time to comment, as reflected by over 60 comments received. The comments
were sufficiently addressed in the FEIS. The issues of human treatment of the deer problem as well as
asserted potential impact on human health were adequately considered. The remaining issues have been
considered and are unavailing.”
3. Proceeding with Implementation of the Deer Management Plan
Subsequent to receiving the Appellate Court decision, the Village proceeded with implementation of the
DMP. In order to undertake both the sterilization component of the DMP as well as the culling
component of the DMP, the Village sought the written consent of property owners to use their properties
for each component of the DMP. The Village sent consent forms to all property owners in the Village. A
copy of the “Landowner Consent Agreement” form is attached for reference. Once the Village had
collected the written consents of property owners, the Village consulted further with Dr. Paul Curtis (“Dr.
Curtis”) of Cornell University, who had been providing consulting services to the Village regularly
throughout the development and implementation of the DMP, and with Dr. Anthony DiNicola (“Dr.
DiNicola”) of White Buffalo, Inc. (“WB”), the wildlife management firm that the Village has intended to
contract with for implementation of the DMP.
The owners of approximately ten percent of the parcels in the Village responded that they did not consent
to use of their property for the culling of deer. In accordance with NYS Environmental Conservation Law
Section 11-0931(4), the discharge of a firearm within five hundred feet from a dwelling house is illegal
without the consent of the owner of such house (except in specified circumstances, such as the authorized
use by a police department). The Village identified the locations of the dwellings of the owners who did
not provide consent to culling and measured a five hundred foot radius around each such dwelling.
Although these property owners made up only approximately ten percent of all property owners in the
Village, the dispersal of these properties throughout the Village resulted in the five hundred foot radius
circles around such dwellings covering a majority of the area of the Village. As a consequence, only
limited locations in the Village currently would be available as sites for the culling of deer. As a result of
the Village’s analysis of the property owner responses and consultation with the Village’s experts, the
Village determined that the Village currently would not have an adequate number of feasible sites to cull
deer in order for the culling component of the DMP to succeed.
4. Further Consideration of Alternatives for Implementation of the DMP.
In recognition that the Village currently would not have an adequate number of feasible sites to cull deer
for the culling component of the DMP to succeed, the Village undertook further consideration of other
options for management of the excessive population of deer in the Village in accordance with the DMP.
In the process of developing the DMP, the Village had considered and reviewed, including in the DEIS,
the FEIS and the Findings Statement, the alternative of sterilization only as a deer population
management alternative. “Under this alternative,” the Findings Statement stated, “… greater numbers of
deer would need to be sterilized in order to stabilize the herd at the numbers recommended by the DRAC.
This option is slower and more expensive than culling alone or the combined approach of sterilization and
culling. It would take three to five years to stabilize the herd, and herd reduction would not be evident for
five to six years …” In connection with undertaking the sterilization component of the DMP, the Village
had received from the NYS DEC a License to Collect or Possess up to 60 female deer for the purpose of
surgical sterilization (the “LCP”). A copy of the LCP is attached for reference.
The Village consulted with various officials at NYS DEC who have been aware of and involved with the
Village’s DMP, as well as with Dr. Curtis and with Dr. DiNicola. Dr. Curtis explained certain relevant
aspects the deer management program that he has been conducting for many years on the Cornell
VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES
Minutes Marcham Hall Nov 20, 2012 – 9AM
Page 4
University campus, immediately adjacent to the south of the Village. In particular, Dr. Curtis explained
that the Cornell program had achieved a sterilization rate of 90-95% of the female deer, and that after
approximately 3-4 years of maintenance of that level, the population of the deer herd on the Cornell
property had stabilized and was indicating a decline. In addition to relaying these results to various
Village officials, Dr. Curtis presented this information to the full Village Board at its regular meeting on
November 13, 2012.
For in excess of a year, the Village has been discussing with Dr. DiNicola the terms of a proposed
contract for WB to undertake both the sterilization and the culling components of the DMP. These
discussions have been undertaken primarily between Dr. DiNicola and the Village attorney, with regular
consultation with the Village’s Mayor, Deputy Mayor and Deputy Treasurer. Evaluation of the proposed
contract terms, and, in particular of the various cost components of the work, made it abundantly clear
that mobilization costs for the work were a substantial expense. Consequently, significant costs
advantages would accrue to the Village if more of the work could be completed immediately following
one mobilization effort than if WB had to conduct only a portion of the work on one occasion, and then
return to the Village, re-mobilize and continue with the work on subsequent occasions.
The Findings Statement had noted that the sterilization component of the DMP would take place over a
two year period, and that it would not be expected that the physical activities to achieve sterilization
would be significantly disruptive as they would be of a short duration. This “short duration” was
indicated in the Findings Statement to be “over several months annually.” As the terms of the WB
contract evolved, it became clear that the sterilization work could be completed in an even shorter time
frame, particularly if a greater number of female deer were permitted to be sterilized initially, without
having to undertake re-mobilization for additional work on subsequent occasions. Also of relevance was
the point made in the Findings Statement that “Depending on decisions made by the Trustees the
sterilization effort could take place over one or more seasons.”
Given the Village’s collection of the foregoing information, and taking into account the information
previously collected by the Village, as set forth in the Findings Statement and elsewhere in the SEQRA
documentation for the DMP, the Village determined to further consider the use at this time of sterilization
only as a deer management tool. In order to proceed with this possibility, the Village contacted NYS
DEC to request modification of the LCP to authorize the Village to capture a larger number of female
deer for sterilization. In response to the Village’s request, on November 16, 2012, the NYS DEC issued
to the Village a modification of the LCP that authorizes the Village to capture up to 145 female deer for
sterilization. A copy of this permit is attached for reference.
5. Impacts of Proceeding with Implementation of the Deer Management Plan.
The Village has considered all of the information contained in the Findings Statement and elsewhere in
the SEQRA documentation for the DMP, as well as all of the additional information obtained by the
Village since the adoption of the Findings Statement. For the reasons outlined in this Amendment of the
Findings Statement, the Village currently will not have the opportunity to undertake the culling
component of the DMP and would consider currently proceeding with management of the deer population
in the Village by increasing the number of female deer sterilized.
The most significant impacts considered and evaluated in the Findings Statement and the other SEQRA
documentation for the DMP were (1) the actual impact on the deer that would be euthanized in the culling
component of the DMP and (2) the degree of public controversy related to the DMP. As noted in the
DEIS, “Controversy has been caused by opposition to culling the deer herd and, to a much lesser degree,
by opposition to sterilization. Opposition comes from a relatively small minority of resident and
primarily from individuals living outside of the Village.” Uncontrovertibly, the inability of the Village
currently to undertake the culling component of the DMP and sterilization of a larger number of deer
instead will result in significantly less actual impact on the deer. Likewise, the Village’s current inability
to proceed with the culling component of the DMP substantially diminishes the public controversy
concerning the DMP. Also as noted in the DEIS, in the event that no culling were to take place,
“community objections to this aspect of the proposed program would be placated.” In summary,
VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES
Minutes Marcham Hall Nov 20, 2012 – 9AM
Page 5
currently proceeding with sterilization of a greater number of deer and without culling does not result in
any impacts that were not already considered and evaluated in the SEQRA process and largely eliminates
the most significant impacts that had been identified in the SEQRA process.
B. The SEQRA Process.
1. Amendment of Findings Statement.
In accordance with SEQRA (6 NYCRR Part 617) the Village had prepared, reviewed and adopted the
Findings Statement. Further in accordance with SEQRA, if a modification or change of circumstances
related to the project requires a lead agency to substantively modify its decision, Findings may be
amended and filed in accordance with subdivision 617.12(b) of SEQRA. This Amendment of the
Findings Statement constitutes such an amendment of the Village’s Findings.
2. Required Permits & Approvals.
As the Lead Agency, the Village of Cayuga Heights has primary responsibility for review of this
proposal. The only other agency that has permitting authority is the New York State Department of
Environmental Conservation, who has authority to grant the requisite wildlife management permits.
C. Conclusions
The Village of Cayuga Heights Board of Trustees finds and certifies that:
The Village Board has given due consideration to the Draft and Final EIS, the Findings Statement
and information derived from other documents and public hearings and Trustee meetings during
the course of this SEQRA review process;
This Findings Statement Amendment has been prepared pursuant to and as required by 6 NYCRR
Part 617;
Consistent with social, economic and other essential considerations of the proposed action, the
No Action condition and other reasonable alternatives, the proposed action assessed in the Draft
EIS, the Final EIS, the Findings Statement and this Amendment of the Findings Statement is an
action that avoids or minimizes adverse environmental impacts to the maximum extent
practicable; and,
Consistent with social, economic and other essential considerations, to the maximum extent
practicable, potential adverse environmental effects revealed in the environmental impact
statement process will be avoided or minimized by various plans and policies and procedures that
will be incorporated into the Deer Management Plan as identified as likely and practicable in the
Draft EIS, Final EIS, the Findings Statement and this Amendment of the Findings Statement.
The Trustees as the Lead Agency have considered reasonably related long-term, short-term,
direct, indirect, and cumulative impacts, including other simultaneous or subsequent actions and
determined that there are no significant long-term cumulative impacts.
Village of Cayuga Heights Board of Trustees
Kate Supron .
Signature of Responsible Official Name
Mayor November 20, 2012______
Title Date
VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES
Minutes Marcham Hall Nov 20, 2012 – 9AM
Page 6
Landowner Consent Agreement
This Agreement is made by and between ______________________________________, whose
address is____________________________________, (the “Landowner”), and the Village of Cayuga
Heights, a New York municipal corporation having offices at 836 Hanshaw Rd, Ithaca, New York 14850
(the “Village”), acting through the Village’s Police Department (the “CHPD”).
A. The Landowner is familiar with the Village’s efforts to manage and reduce the population of deer
within the Village, referred to in the Agreement as the Village’s Deer Management Plan (“DMP”).
B. The Landowner understands that the Village has engaged or will engage the services of an
independent contractor to assist with the DMP (the “Contractor), and that Contractor may be White
Buffalo, Inc., a Connecticut nonprofit corporation with offices at 26 Davison Rd, Moodus, Connecticut
06469.
C. The Landowner is willing to allow the Village, including the CHPD, and the Contractor to use the
Landowner’s property in connection with the DMP as stated in this Agreement.
For the consideration set forth in this Agreement, the Landowner and the Village agree as follows:
1. The Landowner owns the property located at __________________________________, in the
Village of Cayuga Heights, Town of Ithaca, New York (the “Property”).
2. The Landowner hereby consents and grants permission to the Village, including to the CHPD, and to
the Contractor to use the Property to take the following action(s):
a. Place or install bait sites for deer YES NO
b. Capture deer and remove captured deer YES NO
c. Discharge weapons within 500 feet of the residence on the Property YES NO
d. Kill deer and remove deer carcasses YES NO
3. Any action taken on the Property will be in accordance with applicable Village law, New York State
law, any permit required for such action issued by the New York State Department of Environmental
Conservation, and the agreement between the Village and the Contractor.
4. The Village will arrange for the Contractor to remove from the Property all deer killed.
5. The Village agrees to indemnify the Landowner for, and save the Landowner harmless from and
against, any and all losses, costs, damages, expenses, claims, liabilities and obligations (including
reasonable attorney’s fees) sustained or incurred by the Landowner as a result of the Village’s or the
Contractor’s performance of the actions that the Landowner has consented to in Section 2 of this
Agreement, except to any extent sustained or incurred as a result of any action of the Landowner.
Executed this __________ day of _______________, 20________.
Village of Cayuga Heights Landowner(s)
_________________________________ ____________________________________
Authorized Representative Print Name
____________________________________
Signature
____________________________________
Print Name
____________________________________
Signature
VoCH Form 2012
VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES
Minutes Marcham Hall Nov 20, 2012 – 9AM
Page 7
VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES
Minutes Marcham Hall Nov 20, 2012 – 9AM
Page 8
VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES
Minutes Marcham Hall Nov 20, 2012 – 9AM
Page 9
VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES
Minutes Marcham Hall Nov 20, 2012 – 9AM
Page 10
VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES
Minutes Marcham Hall Nov 20, 2012 – 9AM
Page 11
VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES
Minutes Marcham Hall Nov 20, 2012 – 9AM
Page 12
VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES
Minutes Marcham Hall Nov 20, 2012 – 9AM
Page 13
VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES
Minutes Marcham Hall Nov 20, 2012 – 9AM
Page 14
VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES
Minutes Marcham Hall Nov 20, 2012 – 9AM
Page 15
VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES
Minutes Marcham Hall Nov 20, 2012 – 9AM
Page 16
VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES
Minutes Marcham Hall Nov 20, 2012 – 9AM
Page 17
The discussion continued around property use consent forms and the number of actual properties in the
Village. Chief Steinmetz indicted that he had not counted all the forms that had been received. Mapping
those properties the owners of which refused consent to firearm discharge within 500 feet of their
dwellings demonstrated that culling would not be a viable option at this point.
It was noted that the deer hunting in New York State is no longer adequate in keeping the population
down. Mayor Supron indicated that Dr. Curtis noted the requests for licenses in the Cornell controlled
hunting program has doubled for this year. Trustee Andolina reminded the group that the sterilization
only program was thought to be too expensive and would take so much longer to see results was why the
Board voted to go with the sterilization and the culling. However, this option is not on the table and we
have to do what we can. Mayor Supron said that the large scale sterilization and reduced timeframe may
make our sterilization program more cost efficient than Cornell’s program. Sterilizing 145 doe within a
short period of time will be a major impact in the Village by sharply reducing the population growth rate,
reducing aggressive behavior of doe associated with protecting their fawns, and by not attracting bucks
during the rutt.
Mayor Supron reminded everyone that in 2005 the program of Cornell in the Village resulted in only 23
doe were sterilized. What we want to do now will have a greater impact. Mayor Supron will continue to
work with the DEC about increasing this number even more once this program is evaluated. She thanked
the DEC for the flexibility and relatively quick response for the amended license. She would however,
like to talk with them again once we analyze the size of the herd. The contractor will be able to
accurately determine the current size of the deer population in the Village once the sterilization begins. If
we have 125 deer per square mile, then 145 doe would be 90% of the females in the herd. However, if
there are 200 deer per square mile, then we will very quickly achieve 145 sterilized does. The goal is to
sterilize 90 to 95% of the herd. The Village would in this case need to ask the DEC increase the
sterilization number in this season. One would assume by the granting of the modification, the DEC
supports the goal of high percentage sterilization.
Attorney Marcus indicated in his communications with the DEC, the DEC was exceedingly encouraging
to do anything that the Village can do to diminish the deer population. The representative he spoke with
indicated they would be happy with any and every option used to diminish the population, not only in the
Village but across the state. They have been very responsive and are intent upon supporting deer
management efforts through any means available. The Village is one of the few municipalities willing to
spend the huge amount of money to take charge of this problem. This is a state-wide problem and they
hope other municipalities will see what this Village has done and will follow suit.
Motion: Trustee Szekely
Second: Trustee Hamilton
Resolution #7201 to accept amended Findings Statement to the SEQR
Discussion: no other comments
All approve – no nays or abstains – motion carried
Attorney Marcus read the amendment to the plan
VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES
Minutes Marcham Hall Nov 20, 2012 – 9AM
Page 18
RESOLUTION # 7202 OF THE BOARD OF TRUSTEES
Special Board Meeting, November 20, 2012
Whereas , the Board of Trustees (the “Board”) of the Village of Cayuga Heights (the “Village”) has
undertaken the implementation of the Village’s deer management plan (the “DMP”); and
Whereas , in order to undertake both the sterilization component and the culling component of the DMP,
the Village sought the written consent of property owners to use their properties and the Village sent
consent forms to all property owners in the Village; and
Whereas , the owners of approximately ten percent of the parcels in the Village responded that they did
not consent to use of their property for the culling of deer; and
Whereas , in accordance with NYS Environmental Conservation Law Section 11-0931(4), the discharge
of a firearm within five hundred feet from a dwelling house is illegal without the consent of the owner of
such house (except in specified circumstances, such as the authorized use by a police department); and
Whereas , the Village identified the locations of the dwellings of the owners who did not provide consent
to culling and measured a five hundred foot radius around each such dwelling, and although these
property owners made up only approximately ten percent of all property owners in the Village, the
dispersal of these properties throughout the Village resulted in the five hundred foot radius circles around
such dwellings covering a majority of the area of the Village; and
Whereas , as a consequence, only limited locations in the Village currently would be available as sites for
the culling of deer; and
Whereas , as a result of the Village’s analysis of the property owner responses and consultation with the
Village’s experts, the Village has determined that the Village currently would not have an adequate
number of feasible sites to cull deer in order for the culling component of the DMP to succeed; and
Whereas , the Village has undertaken further consideration of other options for management of the
excessive population of deer in the Village in accordance with the DMP, including the alternative of
sterilization only as a deer population management alternative; and
Whereas , in connection with undertaking the sterilization component of the DMP, the Village had
received from the NYS DEC a License to Collect or Possess up to 60 female deer for the purpose of
surgical sterilization (the “LCP”); and
Whereas , the Village has consulted further with Dr. Paul Curtis (“Dr. Curtis”) of Cornell University, who
had been providing consulting services to the Village regularly throughout the development and
implementation of the DMP, and with Dr. Anthony DiNicola (“Dr. DiNicola”) of White Buffalo, Inc.
(“WB”), the wildlife management firm that the Village has intended to contract with for implementation
of the DMP; and
Whereas , mobilization costs for the sterilization and culling will be a substantial component of the
expense of this work, and significant costs advantages would accrue to the Village if more of the work
could be completed immediately following one mobilization effort; and
Whereas , given the Village’s collection of the foregoing information, and taking into account the
information previously collected by the Village, as set forth in the SEQRA Findings Statement (the
VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES
Minutes Marcham Hall Nov 20, 2012 – 9AM
Page 19
“Findings Statement”) and elsewhere in the SEQRA documentation for the DMP, the Village has
determined to further consider the use at this time of sterilization only as a deer management tool; and
Whereas , in order to proceed with this possibility, the Village contacted NYS DEC to request
modification of the LCP to authorize the Village to capture a larger number of female deer for
sterilization; and
Whereas , in response to the Village’s request, on November 16, 2012, the NYS DEC issued to the
Village a modification of the LCP that authorizes the Village to capture up to 145 female deer for
sterilization; and
Whereas , the most significant impacts considered and evaluated in the Findings Statement and the other
SEQRA documentation for the DMP were (1) the actual impact on the deer that would be euthanized in
the culling component of the DMP and (2) the degree of public controversy related to the DMP; and
Whereas , the inability of the Village currently to undertake the culling component of the DMP and
sterilization of a larger number of deer instead will result in significantly less actual impact on the deer;
and
Whereas , the Village’s current inability to proceed with the culling component of the DMP substantially
diminishes the public controversy concerning the DMP; and
Whereas , the Village’s currently proceeding with implementation of the DMP in this manner does not
result in any impacts that were not already considered and evaluated in the SEQRA process and largely
eliminates the most significant impacts that had been identified in the SEQRA process.
Now, therefore, be it resolved by the Board of Trustees of the Village of Cayuga Heights that the
Village currently proceed with the implementation of the Village’s deer management plan by sterilization
of a greater number of deer in accordance with the terms of the modified LCP issued by the NYS DEC to
the Village.
Discussion: Trustee Andolina asked about the 5 th Whereas , - center of the paragraph, “and although these
property owners made up only approximately ten percent of all property owners in the Village”, I
would replace “ parcels ” instead of the property owners.
Motion: Trustee Andolina
Second: Trustee Hamilton
All approve:
Trustee Andolina, Trustee Crooker, Trustee Hamilton, Trustee Karns
Trustee Riesman, Trustee Szekely
No nays or abstains – motion carried
Attorney Marcus indicated the next step in the process is to finalize the contracts with White Buffalo and
Cornell. The last of the negotiations were to be final negotiation of fees and how they would be assessed.
Mayor Supron would like the Board’s input on whether the final terms are acceptable.
Motion: Trustee Riesman
Second: Trustee Karns
Resolution #7203 to move into executive session for contract negotiations discussion.
Discussion: no other comments
All approve – no nays or abstains – motion carried
VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES
Minutes Marcham Hall Nov 20, 2012 – 9AM
Page 20
Motion: Trustee Andolina
Second: Trustee Szekely
Resolution #7204 to enter into an executive session with the Village Attorney to discuss contract
negotiations, followed by private session with attorney, at 9:50AM
Discussion: no other comments
All approve – no nays or abstains – motion carried
Motion: Trustee Andolina
Second: Trustee Crooker
Resolution #7205 exit executive session and private session at 10:30 AM
Discussion: no other comments
All approve – no nays or abstains – motion carried
Attorney Marcus asked to post for the record:
As a result of the discussion of various issues, the Board would like to further consider certain points
made in the amended Findings Statement and in their consequent resolution. So as to eliminate any lack
of clarity as was suggested in the course of the discussion:
In the Findings Statement Amendment at section 3, second paragraph – the first statement will be
revised to read: “Some owners of parcels in the Village responded they did not consent to the use
of their property for the culling of deer.” The next two remain the same. The following sentence
will read: “The dispersal of these properties throughout the Village resulted in the five hundred
foot radius circles around such dwellings covering a majority of the area of the Village.”
Motion: Trustee Andolina
Second: Trustee Riesman
Resolution #7206 to amend the Findings Statement Amendment as stated.
Discussion: no other comments
All approve – no nays or abstains – motion carried
Attorney Marcus and the Village Board made changes to the previous document and have adopted this as
their final amended copy:
VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES
Minutes Marcham Hall Nov 20, 2012 – 9AM
Page 21
State Environmental Quality Review
Findings Statement - Amendment
Deer Management Plan
Village of Cayuga Heights
Tompkins County, New York
Adopted: November 20, 2012
This document is an Amendment of the Findings Statement prepared and adopted by the Village Board of
Trustees on April 4, 2011 (the “Findings Statement”) pursuant to and as required by 6 NYCRR Part
617.11 implementing the New York State Environmental Quality Review Act (SEQRA). This Findings
Statement Amendment draws upon the information in the Village of Cayuga Heights (the “Village”)
record in connection with the Village's program for deer management (the “Deer Management Plan,” of
“DMP”) as set forth on the Village's website; the Draft Environmental Impact Statement (DEIS) dated
November 1, 2010, and comments received on the DEIS at a duly noticed public hearing held on
December 6, 2010, along with written comments received on the DEIS; the Final Environmental Impact
Statement (FEIS) dated March 14, 2011, and comments received on the FEIS between March 14, 2011
and ten days thereafter; the Findings Statement itself; the Decision, Order and Judgment dated September
14, 2011 of the State of New York Supreme Court, Honorable Phillip R. Rumsey, Justice Presiding (the
“Supreme Court Decision”), in the action brought against the Village by opponents of the DMP seeking
annulment of the DMP and challenging the Village’s SEQRA review of the DMP, along with all
documents filed in connection with such action; the Memorandum and Order dated June 14, 2012 of the
State of New York Supreme Court Appellate Division, Justice Lahtinen presiding (the “Appellate Court
decision”), in the appeal of said action, along with all documents filed in connection with such appeal;
and such information and materials provided to or obtained by the Village since undertaking the DMP.
In preparing this Amendment of the Findings Statement the Village of Cayuga Heights Board of Trustees
has given due consideration to the DEIS, FEIS, the Findings Statement itself, community and agency
input and other documents reviewed and considered in conjunction with the SEQRA process. Further, this
Amendment of the Findings Statement incorporates by reference the facts and conclusions in the DEIS
and FEIS relied upon by the Board of Trustees to support its decisions, and considers and balances the
relevant environmental impacts with “social, economic and other considerations” which form the basis for
its decision (6 NYCRR 617.11(d)).
Pursuant to Article 8 (SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617, the
Village of Cayuga Heights Board of Trustees as Lead Agency made and adopted the Findings set forth in
the Findings Statement and makes and adopts the additional Findings set forth in this Amendment. The
Findings Statement and all of the Findings set forth therein are hereby incorporated in their
entirety into this Amendment by reference. All capitalized terms used in this Amendment but not
defined herein will have the respective meanings given to such terms in the Findings Statement.
A. Additional Information Obtained Since the Findings Statement and Additional Findings.
1. Confirmation of the Village’s Compliance with SEQRA
The Supreme Court decision provided confirmation that the Village’s SEQRA review of the DMP was
wholly consistent with the requirements of the SEQRA process. The Court concluded that “there is
VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES
Minutes Marcham Hall Nov 20, 2012 – 9AM
Page 22
sufficient evidence in the record to show that [the Village] complied with SEQRA,” that the DMP
“adopted by [the Village] is generally consistent with the DEC’s recommendation for managing deer
populations in urban and suburban areas” and that the petitioners’ “contentions have been considered and
have been rejected.” Following the Village’s receipt of the Supreme Court’s confirmation that Village
had in all respects satisfied the requirements of SEQRA and that the DMP could proceed, the Village
began the necessary steps for implementation of the DMP.
2. Further Confirmation of the Village’s Compliance with SEQRA
The opponents of the DMP then appealed the Supreme Court decision. The Village again prevailed, with
the Appellate Division in to affirming the Supreme Court decision. The Appellate Court decision
concluded as follows.
We are unpersuaded by petitioners’ contention that respondent failed to provide sufficient data
for informed public comment and failed to take a hard look at important adverse impacts of the plan. The
DEIS was detailed in describing the problem, the proposed solution, the potential impacts, and the
alternative approaches. Moreover, the DEIS was similar in its recommendations to the DRAC report,
which had been issued and made public over a year before the DEIS was issued. There was ample
information and sufficient time to comment, as reflected by over 60 comments received. The comments
were sufficiently addressed in the FEIS. The issues of human treatment of the deer problem as well as
asserted potential impact on human health were adequately considered. The remaining issues have been
considered and are unavailing.”
3. Proceeding with Implementation of the Deer Management Plan
Subsequent to receiving the Appellate Court decision, the Village proceeded with implementation of the
DMP. In order to undertake both the sterilization component of the DMP as well as the culling
component of the DMP, the Village sought the written consent of property owners to use their properties
for each component of the DMP. The Village sent consent forms to all property owners in the Village. A
copy of the “Landowner Consent Agreement” form is attached for reference. Once the Village had
collected the written consents of property owners, the Village consulted further with Dr. Paul Curtis (“Dr.
Curtis”) of Cornell University, who had been providing consulting services to the Village regularly
throughout the development and implementation of the DMP, and with Dr. Anthony DiNicola (“Dr.
DiNicola”) of White Buffalo, Inc. (“WB”), the wildlife management firm that the Village has intended to
contract with for implementation of the DMP.
Some owners of parcels in the Village responded that they did not consent to use of their property for the
culling of deer. In accordance with NYS Environmental Conservation Law Section 11-0931(4), the
discharge of a firearm within five hundred feet from a dwelling house is illegal without the consent of the
owner of such house (except in specified circumstances, such as the authorized use by a police
department). The Village identified the locations of the dwellings of the owners who did not provide
consent to culling and measured a five hundred foot radius around each such dwelling. The dispersal of
these properties throughout the Village resulted in the five hundred foot radius circles around such
dwellings covering a majority of the area of the Village. As a consequence, only limited locations in the
Village currently would be available as sites for the culling of deer. As a result of the Village’s analysis
of the property owner responses and consultation with the Village’s experts, the Village determined that
the Village currently would not have an adequate number of feasible sites to cull deer in order for the
culling component of the DMP to succeed.
VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES
Minutes Marcham Hall Nov 20, 2012 – 9AM
Page 23
4. Further Consideration of Alternatives for Implementation of the DMP.
In recognition that the Village currently would not have an adequate number of feasible sites to cull deer
for the culling component of the DMP to succeed, the Village undertook further consideration of other
options for management of the excessive population of deer in the Village in accordance with the DMP.
In the process of developing the DMP, the Village had considered and reviewed, including in the DEIS,
the FEIS and the Findings Statement, the alternative of sterilization only as a deer population
management alternative. “Under this alternative,” the Findings Statement stated, “… greater numbers of
deer would need to be sterilized in order to stabilize the herd at the numbers recommended by the DRAC.
This option is slower and more expensive than culling alone or the combined approach of sterilization and
culling. It would take three to five years to stabilize the herd, and herd reduction would not be evident for
five to six years …” In connection with undertaking the sterilization component of the DMP, the Village
had received from the NYS DEC a License to Collect or Possess up to 60 female deer for the purpose of
surgical sterilization (the “LCP”). A copy of the LCP is attached for reference.
The Village consulted with various officials at NYS DEC who have been aware of and involved with the
Village’s DMP, as well as with Dr. Curtis and with Dr. DiNicola. Dr. Curtis explained certain relevant
aspects the deer management program that he has been conducting for many years on the Cornell
University campus, immediately adjacent to the south of the Village. In particular, Dr. Curtis explained
that the Cornell program had achieved a sterilization rate of 90-95% of the female deer, and that after
approximately 3-4 years of maintenance of that level, the population of the deer herd on the Cornell
property had stabilized and was indicating a decline. In addition to relaying these results to various
Village officials, Dr. Curtis presented this information to the full Village Board at its regular meeting on
November 13, 2012.
For in excess of a year, the Village has been discussing with Dr. DiNicola the terms of a proposed
contract for WB to undertake both the sterilization and the culling components of the DMP. These
discussions have been undertaken primarily between Dr. DiNicola and the Village attorney, with regular
consultation with the Village’s Mayor, Deputy Mayor and Deputy Treasurer. Evaluation of the proposed
contract terms, and, in particular of the various cost components of the work, made it abundantly clear
that mobilization costs for the work were a substantial expense. Consequently, significant costs
advantages would accrue to the Village if more of the work could be completed immediately following
one mobilization effort than if WB had to conduct only a portion of the work on one occasion, and then
return to the Village, re-mobilize and continue with the work on subsequent occasions.
The Findings Statement had noted that the sterilization component of the DMP would take place over a
two year period, and that it would not be expected that the physical activities to achieve sterilization
would be significantly disruptive as they would be of a short duration. This “short duration” was
indicated in the Findings Statement to be “over several months annually.” As the terms of the WB
contract evolved, it became clear that the sterilization work could be completed in an even shorter time
frame, particularly if a greater number of female deer were permitted to be sterilized initially, without
having to undertake re-mobilization for additional work on subsequent occasions. Also of relevance was
the point made in the Findings Statement that “Depending on decisions made by the Trustees the
sterilization effort could take place over one or more seasons.”
Given the Village’s collection of the foregoing information, and taking into account the information
previously collected by the Village, as set forth in the Findings Statement and elsewhere in the SEQRA
documentation for the DMP, the Village determined to further consider the use at this time of sterilization
only as a deer management tool. In order to proceed with this possibility, the Village contacted NYS
DEC to request modification of the LCP to authorize the Village to capture a larger number of female
deer for sterilization. In response to the Village’s request, on November 16, 2012, the NYS DEC issued
to the Village a modification of the LCP that authorizes the Village to capture up to 145 female deer for
sterilization. A copy of this permit is attached for reference.
VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES
Minutes Marcham Hall Nov 20, 2012 – 9AM
Page 24
5. Impacts of Proceeding with Implementation of the Deer Management Plan.
The Village has considered all of the information contained in the Findings Statement and elsewhere in
the SEQRA documentation for the DMP, as well as all of the additional information obtained by the
Village since the adoption of the Findings Statement. For the reasons outlined in this Amendment of the
Findings Statement, the Village currently will not have the opportunity to undertake the culling
component of the DMP and would consider currently proceeding with management of the deer population
in the Village by increasing the number of female deer sterilized.
The most significant impacts considered and evaluated in the Findings Statement and the other SEQRA
documentation for the DMP were (1) the actual impact on the deer that would be euthanized in the culling
component of the DMP and (2) the degree of public controversy related to the DMP. As noted in the
DEIS, “Controversy has been caused by opposition to culling the deer herd and, to a much lesser degree,
by opposition to sterilization. Opposition comes from a relatively small minority of resident and
primarily from individuals living outside of the Village.” Uncontrovertibly, the inability of the Village
currently to undertake the culling component of the DMP and sterilization of a larger number of deer
instead will result in significantly less actual impact on the deer. Likewise, the Village’s current inability
to proceed with the culling component of the DMP substantially diminishes the public controversy
concerning the DMP. Also as noted in the DEIS, in the event that no culling were to take place,
“community objections to this aspect of the proposed program would be placated.” In summary,
currently proceeding with sterilization of a greater number of deer and without culling does not result in
any impacts that were not already considered and evaluated in the SEQRA process and largely eliminates
the most significant impacts that had been identified in the SEQRA process.
B. The SEQRA Process.
1. Amendment of Findings Statement.
In accordance with SEQRA (6 NYCRR Part 617) the Village had prepared, reviewed and adopted the
Findings Statement. Further in accordance with SEQRA, if a modification or change of circumstances
related to the project requires a lead agency to substantively modify its decision, Findings may be
amended and filed in accordance with subdivision 617.12(b) of SEQRA. This Amendment of the
Findings Statement constitutes such an amendment of the Village’s Findings.
2. Required Permits & Approvals.
As the Lead Agency, the Village of Cayuga Heights has primary responsibility for review of this
proposal. The only other agency that has permitting authority is the New York State Department of
Environmental Conservation, who has authority to grant the requisite wildlife management permits.
C. Conclusions
The Village of Cayuga Heights Board of Trustees finds and certifies that:
The Village Board has given due consideration to the Draft and Final EIS, the Findings Statement
and information derived from other documents and public hearings and Trustee meetings during
the course of this SEQRA review process;
This Findings Statement Amendment has been prepared pursuant to and as required by 6 NYCRR
Part 617;
Consistent with social, economic and other essential considerations of the proposed action, the
No Action condition and other reasonable alternatives, the proposed action assessed in the Draft
EIS, the Final EIS, the Findings Statement and this Amendment of the Findings Statement is an
action that avoids or minimizes adverse environmental impacts to the maximum extent
practicable; and,
VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES
Minutes Marcham Hall Nov 20, 2012 – 9AM
Page 25
Consistent with social, economic and other essential considerations, to the maximum extent
practicable, potential adverse environmental effects revealed in the environmental impact
statement process will be avoided or minimized by various plans and policies and procedures that
will be incorporated into the Deer Management Plan as identified as likely and practicable in the
Draft EIS, Final EIS, the Findings Statement and this Amendment of the Findings Statement.
The Trustees as the Lead Agency have considered reasonably related long-term, short-term,
direct, indirect, and cumulative impacts, including other simultaneous or subsequent actions and
determined that there are no significant long-term cumulative impacts.
Village of Cayuga Heights Board of Trustees
Kate Supron .
Signature of Responsible Official Name
Mayor November 20, 2012______
Title Date
VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES
Minutes Marcham Hall Nov 20, 2012 – 9AM
Page 26
Attorney Marcus re-read the changes to the Board Resolution #7202
Motion: Trustee Karns
Second: Trustee Szekely
RESOLUTION #7207 OF THE BOARD OF TRUSTEES as amended
Special Board Meeting, November 20, 2012
Whereas , the Board of Trustees (the “Board”) of the Village of Cayuga Heights (the “Village”) has undertaken the
implementation of the Village’s deer management plan (the “DMP”); and
Whereas , in order to undertake both the sterilization component and the culling component of the DMP, the Village
sought the written consent of property owners to use their properties and the Village sent consent forms to all
property owners in the Village; and
Whereas , some owners of parcels in the Village responded that they did not consent to use of their property for the
culling of deer; and
Whereas , in accordance with NYS Environmental Conservation Law Section 11-0931(4), the discharge of a firearm
within five hundred feet from a dwelling house is illegal without the consent of the owner of such house (except in
specified circumstances, such as the authorized use by a police department); and
Whereas , the Village identified the locations of the dwellings of the owners who did not provide consent to culling
and measured a five hundred foot radius around each such dwelling, and the dispersal of these properties throughout
the Village resulted in the five hundred foot radius circles around such dwellings covering a majority of the area of
the Village; and
Whereas , as a consequence, only limited locations in the Village currently would be available as sites for the culling
of deer; and
Whereas , as a result of the Village’s analysis of the property owner responses and consultation with the Village’s
experts, the Village has determined that the Village currently would not have an adequate number of feasible sites to
cull deer in order for the culling component of the DMP to succeed; and
Whereas , the Village has undertaken further consideration of other options for management of the excessive
population of deer in the Village in accordance with the DMP, including the alternative of sterilization only as a deer
population management alternative; and
Whereas , in connection with undertaking the sterilization component of the DMP, the Village had received from the
NYS DEC a License to Collect or Possess up to 60 female deer for the purpose of surgical sterilization (the “LCP”);
and
Whereas , the Village has consulted further with Dr. Paul Curtis (“Dr. Curtis”) of Cornell University, who had been
providing consulting services to the Village regularly throughout the development and implementation of the DMP,
and with Dr. Anthony DiNicola (“Dr. DiNicola”) of White Buffalo, Inc. (“WB”), the wildlife management firm that
the Village has intended to contract with for implementation of the DMP; and
Whereas , mobilization costs for the sterilization and culling will be a substantial component of the expense of this
work, and significant costs advantages would accrue to the Village if more of the work could be completed
immediately following one mobilization effort; and
Whereas , given the Village’s collection of the foregoing information, and taking into account the information
previously collected by the Village, as set forth in the SEQRA Findings Statement (the “Findings Statement”) and
VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES
Minutes Marcham Hall Nov 20, 2012 – 9AM
Page 27
elsewhere in the SEQRA documentation for the DMP, the Village has determined to further consider the use at this
time of sterilization only as a deer management tool; and
Whereas , in order to proceed with this possibility, the Village contacted NYS DEC to request modification of the
LCP to authorize the Village to capture a larger number of female deer for sterilization; and
Whereas , in response to the Village’s request, on November 16, 2012, the NYS DEC issued to the Village a
modification of the LCP that authorizes the Village to capture up to 145 female deer for sterilization; and
Whereas , the most significant impacts considered and evaluated in the Findings Statement and the other SEQRA
documentation for the DMP were (1) the actual impact on the deer that would be euthanized in the culling
component of the DMP and (2) the degree of public controversy related to the DMP; and
Whereas , the inability of the Village currently to undertake the culling component of the DMP and sterilization of a
larger number of deer instead will result in significantly less actual impact on the deer; and
Whereas , the Village’s current inability to proceed with the culling component of the DMP substantially diminishes
the public controversy concerning the DMP; and
Whereas , the Village’s currently proceeding with implementation of the DMP in this manner does not result in any
impacts that were not already considered and evaluated in the SEQRA process and largely eliminates the most
significant impacts that had been identified in the SEQRA process.
Now, therefore, be it resolved by the Board of Trustees of the Village of Cayuga Heights that the Village currently
proceed with the implementation of the Village’s deer management plan by sterilization of a greater number of deer
in accordance with the terms of the modified LCP issued by the NYS DEC to the Village.
Discussion: no other comment
All approve – no nays or abstains – motion carried
Motion: Trustee Hamilton
Second: Trustee Andolina
Resolution # 7208 to authorize Mayor Supron to sign a contract with White Buffalo, not to exceed $150,000 with
terms and conditions approved by the Village Attorney, allocating additional funds being drawn from the General
Fund.
Discussion: no other comment
All approve – no nays or abstains – motion carried
Motion: Trustee Andolina
Second: Trustee Hamilton
Resolution # 7209 to authorize Mayor Supron to sign a contract with Cornell University, not to exceed $30,000
with terms and conditions approved by the Village Attorney allocating additional funds being drawn from the
General Fund.
Discussion: no other comment
All approve – no nays or abstains – motion carried
At the request of Treasurer Mangione, Mayor Supron will solicit by RFP for auditing services – for the audit
FYE12 .
Adjourn @ 10:40AM
Submitted by Clerk Mills