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HomeMy WebLinkAbout2014-1-29minutes Minutes VILLAGE OF CAYUGA HEIGHTS Wednesday, January 29, 2014 Marcham Hall BOARD OF TRUSTEES MEETING 7:00p.m for the purpose of a PUBLIC HEARING ON PROPOSED LOCAL LAW 2014-A Present: Mayor Supron; Trustees: Hamilton, Karns, Riesman, Robinson, and Salton; Attorney Marcus; Police Chief Steinmetz; Clerk & Treasurer Mangione. Absent: Trustee Crooker Call to Order: Mayor Supron called the meeting to order at 7:05 p.m. Public Hearing: Proposed Local Law 2014-A: amending Article I, Firearms and Other Dangerous Weapons, of the Village of Cayuga Heights Articles, as previously amended by Local Law 1 of 2012. Mayor Supron introduced the main purpose of the meeting as a public hearing on Proposed Local Law 2014-A. This, the third public hearing on this law, stands as an example of democracy in action. Feedback both in writing and at the hearings, from the public has been discussed and revisions to the proposed law have been made. If the changes are significant, another public hearing is scheduled. The Board of Trustees decides when a proposed law is ready for a vote. Chief James Steinmetz, acting as Fire Marshal, announced that the room’s capacity had not been met. He pointed out the exits and restrooms. The Mayor highlighted changes that have been made to the law after the last hearing. It has been made more restrictive; an elevated platform or ‘stand’ is now required above a bait site and clarifying language about the licensing requirements for the bow hunter. Steven Shiffrin was the first speaker. He recommends two (2) changes to the proposed law as written. The law is patterned after DEC law except for the most recent changes. Governor Cuomo has proposed changing the DEC law from a required discharge distance of 500’ from a residence without permission to 125’. He suggests that the Village should not give up its autonomy and should write the distance of 500’ into the proposed law. He went on to mention the Cornell daycare center located in Palmer Woods. The law current provides that in the case of a school or hospital permission cannot be granted for weapon discharge. It does not specifically include daycare centers and Mr. Shiffrin believes that wording should be added to in this case. Gabrielle Vehar announced that this is all a waste of money and time. She presented her interpretation that 75% of villagers do not want hunting of any kind. Referring to Gov. Cuomo’s proposed reduction in discharge distance and that wounded deer will be running across yards, she made her feelings clear that she opposes the proposed law revision. Charlene Temple disagrees with bow hunting and would like to see the existing plan a chance to work. She also feels the Governor’s proposal would put residents in a ‘danger zone’ with hunters. Peter Bottorff understands that Lansing and other towns have similar plans and with a shortened distance the proposed law might actually have an effect. He commented that “75% of the people have spoken” is nonsense because elections have shown by a significant margin that this Board has support of the Village’s citizens. As far as cost is concerned, estimates show that culling is less expensive than sterilization. He hopes that the members of the Board will vote for the proposed law. Cornell law student, Caitlyn Stevens, speaking on behalf of a group of law students opposes the proposed law. She mentioned that errors can be made by bow hunters due to wind or mistaking a dog for a deer. She believes that death by an arrow may be painful and prolonged. Jenny Stein directed her comments to the Trustees, specifically Trustee Hamilton. She recalled discussions at previous hearings around the limitation of the 500’ rule and assurances that this is a significant safety buffer. She speculated what actions may be taken as a result of Gov. Cuomo’s proposal reducing the discharge distance from a residence to 100’. James LaVeck continued Ms. Stein’s statement; he asked the Mayor if she was aware that the Governor planned this proposal. Sarah Ecbert shared with those present that she had stayed at the previous Board of Trustee’s Meeting and learned that deer can live for as long as fifteen (15) years. She interpreted the mention of that fact as an indication that the Mayor and the Board felt that was too long. She noted that she has friends in other college communities across the country and that those places do not remove the deer. Mary Tabacchi would prefer not to have violence in our community. She read on the DEC website that one only needs to be thirteen or maybe twelve to be a bow hunter; she would not want them in her backyard. Amie Hamlin grew up in Elmira and would visit here as a child; she was of the impression that this was a cultured and peaceful place to live. She has been told by real estate agents that this issue has become divisive. She is in favor of the sterilization program being given a chance to work. Adelaide Gomer doesn’t like what is going on and shared a poem named “Face of a Deer” by Mary Oliver. Many feel loving towards deer and do not view them as pests. Rosemarie Parker is also tired of having this discussion. The Village has voted – it has voted for culling. The problem is identifying sufficient acreage to set up culling sites. She doesn’t dislike the deer; only what the deer do to the environment. Sterilization is only a secondary option. Karen Chiminto shared a story about a wounded deer that had been sent to her by a friend who lives in Forest Home. Zellman Warhaft is against bow hunting especially in an area like Cayuga Heights. He doesn’t believe there is a mandate for culling and would like the sterilization to continue. Gail Warhaft read an email sent to the Board by Karen Kaufman. Ms. Kaufman is opposed to this change in the law. Believing that walkers will be endangered and liability costs will be incurred, she feels this is a bad idea. An anonymous speaker quoted Martin Luther King Jr. that violence never solved a problem. She admits he meant violence between people, suggesting that the Board is committing an act of violence against Villagers and those who pass through the Village by supporting this law. She urged the Board to vote no. David Filiberto voiced his support for removal of the deer since they have outgrown their habitat. Cliff Pollock complemented the Board on the adjustments that have been made to the law. He is familiar with how long deer can live because the same tagged deer have passed through his yard for years. One is responsible for kicking his dog to death. He supports the amendment of the law. An anonymous speaker shared that she is outraged at the idea that this is being considered because she frequents Palmer Woods. Mr. Wagner wants to be on record as being opposed to this law. All statements and articles submitted for inclusion in the Public Record follow as Appendix A There were no additional speakers on Proposed Local Law 2014-A; the public comment session of the Hearing ended at 7:43. Mayor Supron reiterated that she has always had the goal of a reduced deer density. The Property Use Form is not a survey or referendum and no statistical analysis is performed with data from the forms. Elections take place for selection of representation. Each Trustee and the Mayor hold office for a term of two (2) years. This year the election is March 18th. Voting happens on Election Day not through a property use form. A condition of the Village’s DEC license to collect and possess requires research through a population assessment. Herd reduction is estimated at 10% to 15% per year with the use of female sterilization. The Cornell population assessment has not been completed for this year; a rough estimate is still over one hundred (100) per square mile. In order for native species of flora to reseed, the population would need to be ten (10) per square mile. Although White Buffalo does not formally conduct a survey, they become familiar with population trends. A small in-migration rate was detected during last year’s sterilizations and Cornell’s tracking. The law proposed for the Village of Cayuga Heights is more restrictive than any in the neighboring communities. She then opened the meeting to Board discussion. Trustee Salton reminded the group that the activity under discussion is not hunting. Nuisance permits are outside of hunting season. A few members of the public who spoke this evening misrepresented Gov. Cuomo’s proposed change of the required discharge distance from a residence to 150’ as various, shorter distances. Trustee Salton recommended that certain other members of the public should and could make their positions known without personal attack or suggestion of defect. The Village would need to react to the issue of a discharge distance change, when and if a change becomes law. Trustee Robinson would feel more comfortable if the Village kept the 500’ distance despite NYS law. Trustee Karns continues to believe that the Village has a great deer program; she prefers that if landowners have sufficient property to qualify for a nuisance permit that they come to the Village to carry out the culling. Discussion continued including clarification on designation of day care centers as residences instead of the designation given to schools or hospitals. Opinions were shared by all members; agreement was reached to move to a vote following SEQR review. Resolution #7411 BE IT RESOLVED THAT: Proposed Local Law 2014-A: amending Article I, Firearms and Other Dangerous Weapons, of the Village of Cayuga Heights Articles, as previously amended by Local Law 1 of 2012 be modified to add subsection 6 (vi) to maintain a 500’ setback as stipulated in Section 2Biii if NYS DEC Law Section 11-0931 as of the date of this law and will continue to govern if this Section is modified in the future to reduce the setback. Motion: Trustee Robinson Second: Trustee Riesman Ayes: Hamilton, Karns, Riesman, Robinson, and Salton Nays: none Abstentions: none Motion carried It was recommended that “deer stand” should be changed to the more generic term “tree stand”. Attorney Marcus introduced the SEQR requirements. He suggested that amending Article I, Firearms and Other Dangerous Weapons, of the Village of Cayuga Heights Articles, as previously amended by Local Law 1 of 2012 fits into NY’s SEQR Type II 617.5 9 (c )(20) "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment" in combination with 617.5 9 (c )(27) "adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list" including a short Environmental Impact Statement. He suggested nevertheless, although this Amendment could be categorized as a Type II action that does not require further SEQR review, that the Board review the proposed local law with the Short Environmental Assessment Form (SEAF). Attorney Marcus read a proposed narrative description of the proposed local law, which incorporated by reference the terms of the Village’s Governmental Impact statement for the Deer Management Program. The Board agreed that this description was accurate and appropriate. The Board reviewed all of the questions on the SEAF and answered in the negative to each question (see the attached copy of the completed SEAF (617.20) for reference). Upon completion of the SEAF, the Board considered and passed the following. Resolution #7412 BE IT RESOLVED THAT: Proposed Local Law 2014-A: amending Article I, Firearms and Other Dangerous Weapons, of the Village of Cayuga Heights Articles, as previously amended by Local Law 1 of 2012, based on the information and analysis in the EIS and supporting documentation the proposed action will not result in any significant adverse environmental impacts. Motion: Trustee Hamilton Second: Trustee Salton Ayes: Hamilton, Karns, Riesman, Robinson, and Salton Nays: none Abstentions: none Motion carried Resolution #7413 BE IT RESOLVED THAT: Proposed Local Law 2014-A: amending Article I, Firearms and Other Dangerous Weapons, of the Village of Cayuga Heights Articles, as previously amended by Local Law 1 of 2012 including previously carried modifications be approved. Motion: Trustee Salton Second: Trustee Robinson Ayes: Hamilton, Robinson, Salton and Supron Nays: Karns and Riesman Abstentions: none Motion carried Treasurer Mangione proposed that for reasons of cost and service quality the Village change payroll processing provider. A brief discussion took place. Resolution #7414 BE IT RESOLVED THAT: Payroll processing for the Village of Cayuga Heights will be awarded to PayChex, Inc. Motion: Trustee Riesman Second: Trustee Hamilton Ayes: Hamilton, Karns, Riesman, Robinson, and Salton Nays or abstentions: none Motion carried Meeting of the Village of Cayuga Heights Board of Trustees was adjourned by Mayor Supron at 8:49 p.m.