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HomeMy WebLinkAbout12-09-2013 minutes Minutes VILLAGE OF CAYUGA HEIGHTS Monday, December 9, 2013 Marcham Hall BOARD OF TRUSTEES MEETING 7:00p.m Present: Mayor Supron; Trustees: Hamilton, Karns, Riesman, Robinson, and Salton; Attorney Marcus; Superintendent Cross; Asst. Superintendent of Public Works Frisbie; Police Chief Steinmetz; Clerk & Treasurer Mangione. Absent: Trustee Crooker and Fire Superintendent Tamborelle Call to Order: Mayor Supron called the meeting to order at 7:02 p.m. 1. Public Hearing: Proposed Local Law I – Lock Box Regulation (Exhibit 2014-38) Chief Steinmetz explained that this is actually a revision to an existing ordinance. The changes are the delineation of administrative authority and reduction of the penalty to a fine. No one gave comment. b. Public Hearing: Proposed Local Law J – Weapons Discharge Regulation (Exhibit 2014-37) First to speak was John Hermanson who commends the Board’s actions on deer population reduction up until this point. Although the numbers have not yet fallen, at least they are stabilized. He went on to voice support for the use of bow and arrow as a means to remove nuisance deer. Mayor Supron and Attorney Marcus clarified that this is a local law amending Article I, Firearms and Other Dangerous Weapons, of the Village of Cayuga Heights Articles, as previously amended by Local Law 1 of 2012. This change will allow a landowner or group of landowners to be permitted by the NYS Department of Environmental Conservation (DEC) to remove nuisance deer. This revision does not change the 500 foot distance requirement stipulated by NYS law. Currently there is an exception to the weapons discharge law for permission to be granted to Village contractors hired for the purpose of the deer management program. This revision adds another “tool to the toolbox” for Villagers. It is written to specify archery equipment because that has been the usual means allowed by the DEC to property owners who are granted nuisance permits. The changes are based on a similar law and program in the Village of Lansing. Adelade Gomer says she “hardly ever sees deer” in the community. Her opinion is that the Community Corners ‘octopus’ traffic problem is a more important safety issue. Ann Serling is appalled by the idea of bow hunting in the Village. Steve Shiffrin believes that this law does not sufficiently protect Villagers from inexperienced bow hunters. An anonymous speaker does not feel that the Board represents the Villagers and that the Board is not showing good judgment by proposal of this law. Karen Cimento read an email that she had previously sent to a few of the trustees. She questioned the wisdom of removing already sterilized deer and wonders if unneutered deer might then move in to replace them. Concerns over the safety of pets or the increase of car/deer collisions were also voiced by Ms. Cimento. Douglas Fowler has been told by bow hunters that it is difficult to kill deer with bow and arrow. He believes that it would be a good idea to allow hunting on the golf courses. Jenny Stein recounted past stages of the deer management program and believes that it has been flawed from the beginning. She also stated for the record that on occasion the two minute speakers’ time limit is not always closely enforced. Mayor Supron agreed that when few speakers are signed up the time limit is more flexible. There are three public hearing and privilege of the floor all on the agenda necessitating closer adherence. James LaVeck continued to read from Ms. Stein’s prepared notes which recounted events of the five year long deer management program. The statement articulated Cayuga Deer’s strong disagreement with the program. Nancy Green would like to see the compromise of deer sterilization given enough time to see results. As a gardener she would not want to be in her yard when deer removal was taking place and made a recommendation for a limit on when the activity might be allowed to take place. Mayor Supron explained that the permits would be difficult to obtain since the DEC requires stringent conditions to be met. Stephen Wagner read an additional portion of Ms. Stein’s statement and added his own concerns for public safety. He suggested there is an association between land permission forms and the new proposed law. Mayor Supron reviewed the Village’s previously stated position that property use forms do not constitute a survey but are a means of determining where sites for culling or sterilization exist in in the Village. There were no additional speakers on Proposed Local Law J. c. Public Hearing: Comprehensive Plan Ronald Bors’ concerns related to increased traffic density brought about by renovation at Community Corners were shared. He also pointed out the effect is stronger for those Villagers residing close to the Corners. Martin Harms, Chair of the Planning Board, thanked the Board for their work in recent months to refine the Plan on which he hopes voting and passage will take place. 4. Approval of Minutes: Resolution #7397 BE IT RESOLVED THAT: Minutes of the November 12, 2013 Village of Cayuga Heights Board of Trustees Meeting be approved as written in Exhibit FYE2014-41. Motion: Trustee Salton Second: Trustee Robinson Ayes: Hamilton, Karns, Riesman, Robinson, and Salton Nays: none Abstentions: none Motion carried 5. Report of Fire Superintendent Tamborelle: (Exhibit FYE2014-42) Submitted report (website – contained in Meeting Packet December 9, 2013) 6. Report of Asst. Superintendent of Public Works Frisbie: (Exhibit FYE2014-43) Submitted report (website – contained in Meeting Packet December 9, 2013) Fall leaf pick-up proceeded smoothly this season and will continue through the week of December 15th. During the following week, the crew will check for any remaining leaf accumulations. The department is completely prepared for snow removal. Infrastructure has been holding up well. 7. Privilege of the Floor (PoF): Mayor Supron opened PoF. Steve Shiffrin recalled his objection to the Noise Ordinance passed earlier in the year. Specific concerns relating to extended jackhammer use were mentioned. He recommends amendment of the regulation to reduce the hours during which extreme noise can be produced and that in so doing the regulation would be improved. Anonymous believes that the deer do not need to be removed. Her statement accused Board members of deception. No other speakers requested the floor. PoF was closed. 8. Report of Mayor Supron: a. White Buffalo has concluded the deer program for the year. Twelve does were sterilized which keeps the percentage of sterilized animals high. Attrition through accident and illness is projected to reduce the herd approximately 15% annually. The population study has not yet been concluded. b. Proposed Local Law J – Revision to Weapons Discharge Regulation (Exhibit 2014-37) This change does not allow property owners to simply remove deer. Compliance with DEC and NYS regulations on discharge requires a minimum of 500’ from any residence, which results in an area of approximately eighteen (18) acres. The law must apply to property owners in the same manner which precludes the use of zoning changes to allow specific owners to remove nuisance wildlife. Nuisance permits are only granted by the NYS DEC for use outside of regular hunting seasons in addition to other strict conditions. The Village is adjacent to municipalities which allow bow hunting including the Village of Lansing and the Town of Ithaca. Police Chief Steinmetz raised a question on what type of archery equipment should be specifically mentioned in the legislation. In a situation where a wounded deer left a permit area, rather than have the archer trail the animal the Chief recommends that the Police Department be contacted. This effort may keep peaceful relations between individuals with differing opinions in a neighborhood. He also asked for clarification on liability, which was discussed. The goal of reducing ecological damage caused by the overpopulation of whitetail deer can be supported by providing this option to landowners in the Village. Lansing is in at least the fifth year since implementation of this change to their weapons discharge law. In order for native species such as white oak and trillium to reseed themselves the population would need to be reduced to 6 to 10 deer per square mile. The Village is currently host to approximately 125 deer per square mile. Trustee Riesman voiced concerns about nonprofessionals discharging archery equipment. Including a stipulation that the person who would be carrying out the permit would need to be identified to the police department was suggested. Attorney Marcus added that if the Village becomes a filter for determining the skill of a ‘designated agent’ then liability could fall to the Village. Mayor Supron will determine if this type of permit requires the identification of a designated agent. Resolution #7398 BE IT RESOLVED THAT: A Public Hearing on Proposed Local Law ‘J’ including changes as discussed, will be held at 7:00 p.m. on January 13, 2014 at Marcham Hall. Motion: Trustee Riesman Second: Trustee Salton Ayes: Hamilton, Karns, Riesman, Robinson, and Salton Nays: none Abstentions: none Motion carried c. Proposed Local Law I – Lock Box Regulation (Exhibit 2014-38) Resolution #7399: Village of Cayuga Heights Proposed Local Law 6 of the Year 2013 A LOCAL LAW TO PROVIDE FOR THE AMENDMENT AND RESTATEMENT OF THE VILLAGE OF CAYUGA HEIGHTS LOCAL LAW CONCERNING EMERGENCY LOCK BOXES (Village of Cayuga Heights Local Law #2 of the Year 2001, Page 170 of the Village of Cayuga Heights Laws) Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows: SECTION I PURPOSE AND INTENT The purpose of this Local Law is to amend and restate Local Law #2 of the year 2001 of the Village of Cayuga Heights (the “Village”) in order to detail the requirements for the contents of a lock box, to clarify the roles of the Village’s Code Enforcement Officer and Police Department in connection with enforcement of this Local Law, to reduce the violation of this Local Law from a Class B Misdemeanor to an offense punishable by fine, and to reformat this Local Law to correspond to the format of local laws most recently enacted by the Village. As referenced in Local Law #2 of 2001, the Village has determined that lock boxes are advantageous in situations that alarm systems have been activated erroneously and in circumstances in which a non-forced entry to the premises would be desirable to react to an emergency. The intent of this Local Law is to specify that all lock boxes contain a master key to the premises, that the Code Enforcement Officer may withhold a certificate of occupancy pending compliance with this Local Law and that the Police Department will be responsible for enforcement of this Local Law, and that penalties for violation of this Local Law consist of a structure of fines. 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. Lock box shall mean a device as prescribed by the Village of Cayuga Heights in coordination with the Cayuga Heights Fire Department and Cayuga Heights Police Department in which shall be placed a master key to the premises, access to which box shall be limited and regulated so that a minimum number of persons shall have access to the key that will open said lock box and a record is maintained at all times as to the person or persons who may obtain access to the box. The lock box shall also contain an updated emergency notification list of at least two individuals with telephone numbers and addresses. This list will be kept updated by said owner or resident of the property. B. Alarm system shall mean any system by which notification of a possible fire or burglary is made, directly or indirectly, to the police and/or fire department or other emergency response entity or emergency communications center or which activates an audible signal that can be heard off of the property on which the alarm system is located or a visual signal which can be seen off of the property on which the alarm system is located. Alarm systems include, but are not limited to, a municipal fire alarm, radio, telephone leased line, telephone dialer, remotely supervised alarm systems, or central station systems. Alarm systems shall also include any system that is activated by motion sensors, infrared sensors or other system designed to detect illegal entry when such systems are connected, directly or indirectly, to an emergency response entity such as a police department, remote supervisor, other emergency response dispatcher, or to an audible or visual alarm that can be heard or seen from off of the property on which the alarm system is located. SECTION IV LANDS AND STRUCTURES TO WHICH THIS LOCAL LAW APPLIES AND CONTENTS OF LOCK BOX A. This local law shall apply to all areas of the Village of Cayuga Heights. Lock boxes shall be required for all new and existing buildings except those one or two family dwellings not equipped with or serviced by an alarm system. B. All lock boxes attached to a structure that is presently equipped or serviced by an alarm system shall have a current master key to the premises and an updated emergency notification list as prescribed in Section II (A). SECTION V LOCATION AND ATTACHMENT OF LOCK BOXES Lock boxes shall be affixed to the structure in a manner detailed by the manufacturer and in a location established by the Cayuga Heights Fire Department, Cayuga Heights Police Department or the Village’s Building/Zoning Enforcement Officer. SECTION VI RETROFIT REQUIREMENTS Any building currently in existence to which this Local Law shall apply shall have a period ending ninety (90) days from the effective date of this local law within which to comply with the terms of this Local Law. SECTION VII VILLAGE DEPARTMENT RESPONSIBILITIES A. Village Code Enforcement Officer – In the event that the Code Enforcement Officer becomes aware of the installation of a new alarm system, and the Code Enforcement Officer has confirmed that the property owner has not complied with the requirements of this Local Law in connection with that alarm system, the Code Enforcement Officer will notify the Police Department of such failure, and the Code Enforcement Officer will have the authority to deny any pending certificate of compliance and/or occupancy for the property until the Code Enforcement Officer has received confirmation that the owner has complied with this Local Law. B. Village Police Department – The Police Department will have the authority and responsibility for enforcing the provisions of this ordinance. SECTION VIII PENALTY FOR VIOLATION A. A violation of Section IV (A) of this Local Law is hereby declared to be an offense, with conviction of a first offense punishable by a minimum fine of $50.00 and a maximum fine not to exceed $100.00. Conviction of a second or subsequent offense it is punishable by a minimum fine of $100.00 and a maximum fine not to exceed $250.00. B. A violation of Section IV (B) of this local law is hereby declared to be an offense, with a conviction of a first offense punishable by a minimum fine of $25.00 and a maximum fine not to exceed $50.00. Conviction of a second or subsequent offense is punishable by a minimum fine of $50.00 and a maximum fine not to exceed $100.00. C. Notwithstanding the above, any first time offender of Section IV (A or B) will be granted the opportunity to provide to the Village of Cayuga Heights Court proof of compliance to the cited offense. Any first time violation in which the offender shows proof of compliance will be dismissed. D. Compliance shall be done within 45 days. The Village has the burden of proof to establish a repeat offender. SECTION IX PARTIAL INVALIDITY In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. SECTION X 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. BE IT RESOLVED THAT: a Local Law to provide for the amendment and restatement of the Village of Cayuga Heights Local Law concerning emergency lock boxes (Village of Cayuga Heights Local Law #2 of the Year 2001, Page 170 of the Village of Cayuga Heights Laws) be enacted by the Board of Trustees of the Village of Cayuga Heights. Motion: Trustee Karns Second: Trustee Riesman Discussion: This regulation is a SEQR Type II 617.5(c)(20) "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment;" and therefore requires no further processing under SEQR. Ayes: Hamilton, Karns, Riesman, Robinson, and Salton Nays: none Abstentions: none Motion carried d. Comprehensive Plan (CP) 10/28/2013 draft http://www.cayuga-heights.ny.us/CompPlan.html The SEQR needs to be completed prior to a vote on the Comprehensive Plan. The Planning Board will work on Part I at their meeting on December 16th. SEQR Part II will need to be completed by the BOT. The Tompkins County Planning Department will be issuing a review pursuant to §239-1, -m and –n of the New York State General Municipal Law. It is anticipated that completion of the Part II form will take approximately an hour and will be conducted in open session at the next board meeting. Trustee Hamilton addressed apprehension expressed by Mr. Bors and others. Their concerns were taken seriously in formulation of the CP. The spirit of the document is written to raise awareness of issues that should be addressed rather than to prescribe any particular actions. e. Intermunicipal Sewer Committee In 2003 an agreement was signed between the Town of Ithaca, the City of Ithaca, the Town of Lansing, the Village of Lansing, the Town of Dryden and the Village of Cayuga Heights. That was the last time a meeting of the group took place until last week. All appropriate documentation was distributed to the parties. The original and primary purpose of the group was to insure sufficient water treatment capacity for the Town of Lansing and the other municipalities which feed into the Cayuga Heights sewer system. Under the Clean Water Act of 1996, the Village of Cayuga Heights, the Ithaca Area Water Treatment Plant and the Town of Lansing all requested funds. The requests were rejected; they were told to work together to form a cooperative agreement and reapply. Once the agreement was written funds were granted. The Town of Lansing was granted $11 million to connect to the Cayuga Heights system; a portion of the plan was to build a by-pass between the Cayuga Heights system and the Ithaca Area system. In 2005 the Village of Lansing paid for a valve to be built on Klein Road to divert flow from Cayuga Heights to Ithaca. Since that time some of our flow has been being diverted along with sewer revenues “down the hill”. Our system has sufficient capacity making this diversion unnecessary. When sewer billing was changed from unit based to usage based the Village had no way to determine what credit should be given to the Ithaca Area. The details will now need to be negotiated. The group has agreed to meet again soon. The goal is to work out a template agreement. 9. Report of the Trustees: a. Trustee Riesman announced the revival of a Village newsletter. Elizabeth Mount and Sally Grubb have begun work on an issue to be published in February. It is to be called Village Voices. b. Attorney Marcus asked whether the Board felt it useful to have a preliminary statement prior to public hearings. Years ago there was discussion on this question. Trustee Hamilton feels it is helpful to make an introduction. There is no requirement to do so, however attendees may appreciate hearing a synopsis. c. Trustee Salton is enthusiastic about the proposed changes to be made in the Police Department to create a Women’s Locker Room. 10. Report of Chief Steinmetz: (Exhibit FYE2014-47a,b,c) Submitted report (website – contained in Meeting Packet December 9, 2013) The Chief relayed information related to the tracking of a wounded deer onto Village property. Additional questions were then raised about Nuisance Permits and DEC requirements. There exists a distinction between a group of landowners who have been granted a permit and neighbors to their properties who give permission for the discharge of a weapon within 500’ of their residence. Information from the DEC on their procedures will be gathered prior to the next meeting. Brandon Manheim started with the department. He is undergoing five (5) weeks of training in order to be on his own when the next schedule is established. 11. Report of Superintendent of Public Works Cross: a. There has been no news from the Regional Office in Syracuse on the Village of Cayuga Heights Sewage Treatment Plant’s 0.35 phosphorus limit request (DEC Case No.R7-20060111-2). November’s testing results continue to be favorable at 0.01 NGO. Analysis to try to determine the cause of higher readings over the summer has been inconclusive. Filters have since been laundered and there exists the possibility that lower flow could have had an effect. Once we get the go ahead there will still be a public hearing process to fulfill. b. Intermunicipal Sewer Committee This topic was covered under the Mayor’s Report c. A Public Employee Safety Inspection (PESH) was conducted. These unannounced inspections generally focus on safety hazards. This time in addition to those items, the inspector was directed to review policies and training records, in particular on the topic of Violence in the Workplace and Right to Know. No official report has been received; however plans have already been made to offer the training. d. Locker Room Renovation Estimate The proposal uses existing space and DPW labor. The construction can move forward in this manner with the addition of an electrical contractor and perhaps a flooring contractor. It’s possible that the Cornell Law School may be able to provide surplus lockers. Flooring in the entire area needs to be replaced Resolution #7400 BE IT RESOLVED THAT: The proposed project for renovations as specified in Plan A1 in the Police Department be approved at a cost not to exceed $5,000. Funds will be allocated from the Contingency account. Motion: Trustee Riesman Second: Trustee Salton Ayes: Hamilton, Karns, Riesman, Robinson, and Salton Nays: none Abstentions: none Motion carried e. A request has been made by the owner, Phillip Lutzi, for assignation of an address to a lot on Pleasant Grove Lane which was subdivided by Jason Sokoloff. Resolution #7401 BE IT RESOLVED THAT: Tax Map # 11.-2-7.12 shall be heretofore designated as 8 Pleasant Grove Lane. Motion: Trustee Riesman Second: Trustee Hamilton Ayes: Karns, Hamilton, Riesman, Robinson, and Salton Nays or abstentions: none Motion carried 10. Report of Clerk & Treasurer Mangione (Exhibit FYE2014-50a,b) Submitted report(s) (website – contained in Meeting Packet December 9, 2013) A request was made to allow Angela Podufalski, Deputy Clerk to sign checks. The Board would like to know if there is a NYCOM guideline on the policy. Resolution #7402 BE IT RESOLVED THAT: A revision to Audit: Contractual (A1320.410) budgeted at $9,000 should be increased by $9,600 to a modified budget of $18,600. Motion: Trustee Salton Second: Trustee Robinson Ayes: Hamilton, Karns, Riesman, Robinson, and Salton Nays or abstentions: none Motion carried Resolution #7403 BE IT RESOLVED THAT: Abstract #7 for FYE2014 consisting of Trust and Agency Vouchers 66 - 76 in the amount of $19,437.43 and General Fund vouchers 450 - 523 in the amount of $128,550.14 is approved and instruction is given to the Treasurer for payment thereon. Motion: Trustee Salton Second: Trustee Hamilton Ayes: Hamilton, Karns, Riesman, Robinson, and Salton Nays or abstentions: none Motion carried 11. Report of Attorney Marcus: Highlighted that he will email the SEQR form and directed the Board to focus on Part II consisting of eighteen questions. Meeting of the Village of Cayuga Heights Board of Trustees was adjourned by Mayor Supron at 9:44 p.m.