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HomeMy WebLinkAbout2014-1-13minutes Minutes VILLAGE OF CAYUGA HEIGHTS Monday, January 13, 2014 Marcham Hall BOARD OF TRUSTEES MEETING 7:00p.m Present: Mayor Supron; Trustees: Hamilton, Karns, Riesman, Robinson, and Salton; Attorney Marcus; Superintendent Cross; Asst. Police Chief Steinmetz; Clerk & Treasurer Mangione. Absent: Trustee Crooker, Fire Superintendent Tamborelle, and Superintendent of Public Works Frisbie. Call to Order: Mayor Supron called the meeting to order at 7:03 p.m. 1. Public Hearing: Proposed Local Law 2014-A: amend Article I, Firearms and Other Dangerous Weapons, of the Village of Cayuga Heights Articles, as previously amended by Local Law 1 of 2012. (Exhibit 2014-51) The Mayor cautioned the audience that comments should relate to the stated topic for the Public Hearing. It was confirmed that all previously submitted comments, those made at this hearing, and those submitted during the period leading up to a vote by the Board of Trustees will become part of the public record. Village resident, Mollie Leitzes shared the personal story of her cousin who was injured by an arrow when she was a child. The harm caused in that accident has caused a lifetime of suffering and disfigurement. As a result of that experience she is opposed to the use of archery equipment in the Village. Mel Solmon voiced his opposition to lethal weapons in proximity to his home. He believes that due to the adoption of the current deer management program and the expenditure of funds to implement the program, the Board is committed to staying the course and not changing the plan to remove neutered deer. Gabrielle Vehar presented her opinion by asking “at what cost” the passage of these changes to the local law will require. Rosemarie Parker feels that the current deer program utilizing sterilization is a stop-gap measure which does not reduce the deer population; it just keeps it from increasing. She supports a bio-diverse community and believes that the excess of deer is a problem and detriment to other species. If a landowner or group of landowners have enough land to have sufficient distance from those who oppose the removal of deer or discharge of a weapon, then they should have the right to do so. Ms. Parker would want to receive guidance on trained bow hunters who could perform the culling. Sal Greiner knows and respects those who are concerned for public safety. Nationally, bow death statistics across differing population densities and community types are very few, two or three per year. With a multiple of that number for bow related injuries. The number of deaths caused by deer/vehicle collisions and through direct contact with deer is roughly two hundred per year and the number of injuries is almost thirty thousand. Those factors don’t take into account any contact with deer that has to do with vector borne diseases such as Lyme disease. If public health and safety are the concerns and bow hunters can reduce the number of deer, then the Village is compelled to take this action. Amber Gilewski expressed her distress at having to fight this battle over the deer again. She feels it is disruptive to continue to try to remove the deer. Charlene Temple wonders if sterilized doe are killed then will fertile doe move in to replace them. She would like to see the current plan given a chance to work. Linda Woodard has attended these meetings in the past and observes that if one were to only attend the meetings one might believe that the majority of Villagers are against the deer management plan. In contrast to that impression, the last three elections have been won by candidates who have wanted to do something about the growing deer population. If nothing is done, they will continue to multiply until there is some kind of collapse. She questions why some feel that the killing of deer is less humane than letting the deer starve to death or be hit by a car. She is in favor of the plan and hopes that it can work in conjunction with the current plan. An Anonymous speaker stated that laws are useless unless they are enforced and that laws can be written in a way that they are impossible to enforce. It is her opinion that this proposed law is in that category and characterized it as American Legislative Exchange Council-like. She feels that the new law contains no protections for citizens who enjoy seeing the deer and do not want them harmed. Mindy Mindlin had three points she wished to cover. She interprets that the proposed law specifies a date, day, and place for the culling to take place, however does not contain a notice requirement. She assumes this means the Village will take responsibility for notification. Secondly, she recalls bow and arrow having been characterized at a forum held at Kendal as “too dangerous” for use. She would like to see fewer deer but feels that the Village’s density makes this proposed law reckless. Her final point was her belief that by labeling this activity as dangerous as in the title of the article, it would strip the members of the board of immunity and make them personally liable. Bea Szekely remarked that her views on this subject are consistent with those of Rosemarie Parker and would limit her comments. An article from the Manchester Guardian was forwarded to the Clerk to be included in the public record. It is a presentation of British efforts to maintain wildlife diversity. She commended the Board for their efforts and supports including use of bow and arrow to further the deer population reduction plan. Clif Pollock spoke in favor of the proposed action. He enjoys seeing deer, just not lots of deer. It is his opinion that hunters are careful persons and that a property owner who seeks to allow this activity will insist on a trained, careful individual to carry out the deer removal. Sherene Baugher is against the new proposal because of the urban environment of Cayuga Heights there would be a high potential for danger. She works with the parks frequently and there are times of the year when she does not take her students into the woods because of hunting season. Wondering how a resident would know when the culling was to take place, she went on to ask who would one sue if their car were hit by an injured deer or who would be responsible to pay to have a dead deer removed from one’s property. Gail Warhaft is very concerned about safety in the Village and disapproves of this activity. Steve Shiffrin recalls that at the last public hearing on this proposed law the Mayor made a reassuring comment to the effect that a property owner would be selective about who would carry out culling. He feels this is overly optimistic. Although he is opposed to the action, he proposed that zoning could be a solution. Lansing resident Lowell Garner owns property near properties which allow hunting. The 500’ setback is from a dwelling, not from the property boundary. Nuisance permits can be granted during eight months of the year but not during the regular hunting season. They are also not limited to daylight hours, as regular hunting, but can take place until 11:00 p.m. and allows the use of spot-lighting. Phillip Lembert, also from Lansing shared that they have had bow hunting on their property for the last five years and have had no trouble at all. Hunters sit in tree stands and direct arrows downward. There have been no instances of wounded deer escaping. He spoke of chronic wasting disease which is similar to mad cow disease and can be transmitted between species. Dierdre Hay wonders if new deer will come in if deer are removed. The Mayor responded that discussion will take place later in the meeting. Ron Bors shared that when he and his family moved to the Village thirty-eight years ago there was no deer problem. In those years the growing deer population has ruined the ecology of his gardens. He believes the Board is on the right track and encourages them to “keep up the good work”. Francis Davis is a bow hunter and has killed more than 100 deer by bow. He was involved in the original banding project that took place in Cayuga Heights eight or nine years ago. At that time, 500 questionnaires were sent out and there was over an 80% return with the majority wanting something to be done with the deer. There is a federal culling effort on Long Island and it is proposed that the discharge requirement for bow and arrow be reduced to 150’. Lenny Rosenfeld said that he has had five or six deer/vehicle collisions since living in Ithaca for approximately 20 years. He believes that deer run into cars whether or not they are being chased. Cherie Negre wonders where this proposal comes from. It seems to her that people do not want shooting in their yards or else the Village would be culling the deer. She believes that the deer population has already been reduced and that the sterilization program should be allowed to work. Sarah Albert of Danby has friends who are hunters and allows hunting on her property. They never come near her house. She would not allow this activity if she lived in Cayuga Heights. She urges against the proposed law. Dooley Kiefer complemented the improvements in the proposed law from earlier draft. In Section B she recommends a change to exclude sterilized deer. She is concerned about the skill level of bow hunters and suggests that information on when and where culling is to take place should be posted to proactively let landowners know to avoid those areas at those times. Patrick Stevens believes the population is far too dense for what is being proposed. Does not want the risks to be minimized and that misfires can happen. Scott Teal feels that sterilizing the deer just to kill them is not smart and is a waste of taxpayer money. 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 Hearing was ended at 7:50. 3. Approval of Minutes: Resolution #7404 BE IT RESOLVED THAT: Minutes of the December 9, 2013 Village of Cayuga Heights Board of Trustees Meeting be approved as written in Exhibit FYE2014-52. Motion: Trustee Robinson Second: Trustee Riesman Ayes: Hamilton, Karns, Riesman, Robinson, and Salton Nays: none Abstentions: none Motion carried 4. Report of Fire Superintendent Tamborelle: (Exhibit FYE2014-53) Submitted report (website – contained in Meeting Packet January 13, 2014) 5. Report of Asst. Superintendent of Public Works Frisbie: (Exhibit FYE2014-54) Submitted report (website – contained in Meeting Packet January 13, 2014) Resolution #7405 BE IT RESOLVED THAT: Two (2) surplus Department of Public Works vehicles will be sold via online auction by Teitsworth Auctioneers. Motion: Trustee Karns Second: Trustee Riesman Ayes: Hamilton, Karns, Riesman, Robinson, and Salton Nays: none Abstentions: none Motion carried 6. Privilege of the Floor (PoF): Mayor Supron opened PoF. Ron Bors feels that observations from individuals who do not pay taxes in the Village about the expenditure of Village funds should be ignored. Mollie Leitzes noted that many who wish the deer herd to be reduced are nonetheless concerned about discharge of weapons. Mayor Supron expressed appreciation for the civility displayed during the public hearing and privilege of the floor this evening. Although differing opinions had been expressed, the atmosphere of mutual respect was an example of how democracy should function. No other speakers requested the floor. PoF was closed. 7. Report of Mayor Supron: a. White Buffalo has concluded the deer program for the year and the final study is available on the Cayuga Heights website. Cornell has not completed the population modeling study, however early observation indicates very little in-migration. b. Proposed Local Law 2014-A: – amend Article I, Firearms and Other Dangerous Weapons, of the Village of Cayuga Heights Articles, as previously amended by Local Law 1 of 2012. (Exhibit 2014-51) Substantive changes have been made to the draft of this proposed law. The NYS regulation which requires permission to discharge a weapon within a minimum distance of 500’ from any residence is not a local law, but is one with which the Village fully complies and supports. This proposed amendment does nothing to change that regulation and requires positive proof of permissions from all landowners within that area. The resulting area in which no weapons discharge would occur is approximately eighteen (18) acres. The largest residential lots are around two to three acres with most being much smaller. Nuisance permits are outside the hunting season because this is not hunting and the Board is not advocating bow hunting. This is a controlled program with restrictions that are much stricter than those which have been adopted by surrounding municipalities. Trustee Robinson raised the question of whether or not inclusion of firearms would make the program more humane. Chief Steinmetz presented the comparative distances between a projectile from a firearm and from a bow and arrow. The higher speed and distance capability of the firearm would increase the danger in the case of a misfire. Bernd Blossey who has run the Lansing bow hunting program in Lansing for the last five years, has said that in a hunting situation approximately 10% of lethally wounded deer will run more than 75’. Trustee Karns questions the need for the law; she prefers the current program. If a group of landowners were able to identify an area large enough to qualify for a permit, they could turn over responsibility to the Village to carry out the culling. Trustee Salton has arrived at the conclusion after listening to all the information that use of bow and arrow is less hazardous. Much of the damage to foliage in the Village occurs during the winter months. The CHPD will confirm prior to the action of culling that all requirements have been met. This will allow the police to be aware of who is authorized to remove deer from a specified area. Some property owners have expressed disappointment that the Village hasn’t tried harder to identify sites for culling. It’s extremely time consuming to go parcel by parcel. This amendment will allow Villagers to take control of the process. The law itself does not contain language requiring notice or training. The nuisance permit covers that. The policy of the Board has been not to publish the location of potential sites. The Village’s permit is not designated as a Nuisance Permit. The discussion continued and Trustee Riesman did voice her concern with taking culling out of the hands of professionals. Trustee Hamilton has tried to imagine where in the Village this might take place. It seems to him that this amendment would allow Cornell to extend its program onto university owned property. Attorney Marcus clarified that the 18 acres measurement would result from a 500’ radius from the point of discharge and that the 500’ measurement is actually taken from the residence. The law will be additionally modified in Section B to add requirements for NYS safety training and licensing in addition to restrictions on platform height to no less than 12’ over a bait site from which a bow could be discharged. The discussion further clarified that the NYS law requiring a 500’ setback includes landowners and lessees or any occupied structure such as a school, church, or place of business. Resolution #7405 BE IT RESOLVED THAT: A Public Hearing on Proposed Local Law 2014-A including changes as discussed, will be held at 7:00 p.m. on January 29, 2014 at Marcham Hall. Motion: Trustee Riesman Second: Trustee Salton Ayes: Hamilton, Karns, Riesman, Robinson, and Salton Nays: none Abstentions: none Motion carried c. Comprehensive Plan (CP) 10/29/2013 draft http://www.cayuga-heights.ny.us/CompPlan.html The implementation of SEQR came out of the state’s reaction to large scale development and a desire to determine if any particular development would have a long term detrimental effect on the environment. While considering answers to SEQR Part II the Board should keep in mind that the action to be adopted is approval of the Comprehensive Plan. The Plan sets forth a projection of what might occur in the future and sets the stage for the possibility of future changes to the Village’s Zoning Ordinance. Part II – Identification of Potential Project Impacts of the Full Environmental Assessment form was completed and no adverse actions were identified. Full document as filed with New York State appears as Appendix B Dooley Keifer objected to sections of Part I not having been filled in. Resolution #7406 BE IT RESOLVED THAT: Part III – Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance should be completed using the findings from Part II that no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared was entered. Motion: Trustee Hamilton Second: Trustee Karns Ayes: Hamilton, Karns, Riesman, Robinson, and Salton Nays: none Abstentions: none Motion carried Resolution #7407 BE IT RESOLVED THAT: The Comprehensive Plan for the Village of Cayuga Heights shall be adopted including revision under the Public Safety heading that the police department uses 9-1-1 Tompkins County Central Dispatch. Motion: Trustee Riesman Second: Trustee Hamilton Ayes: Hamilton, Karns, Riesman, Robinson, and Salton Nays: none Abstentions: none Motion carried Heartfelt thanks were extended to the Planning Board for years of work devoted to development of the Comprehensive Plan. 8. Report of the Trustees: 9. Report of Chief Steinmetz: (Exhibit FYE2014-56a,b,c) Submitted report (website – contained in Meeting Packet January 13, 2013) a. License Plate Reader (LPR): Tompkins County has Homeland Security funds remaining and has established a goal to provide each police agency with an LPR. The Law Enforcement Technology Shared Services (LETSS) group has submitted a grant for funds to combine with the Homeland Security funds to purchase these systems at $18,000 each. Should the grant monies be awarded to LESS, the Village would need to commit to funding maintenance of the system. The approximate cost to be $1,000 annually. A discussion of the functionality of the system took place. The Chief feels that it is an electronic tool to fulfill a task that is currently handled manually by the patrolperson. Trustee Salton expressed his concerns vis-à- vis civil liberties and the storage of data. Additional information on collection and storage of license plate tracking will be gathered and reported to the Board. b. Officer Manheim is working independently and seems to be a good fit for the department. c. The old patrol vehicle will be sold through RTI Internet Auctions (Teitsworth Inc.) d. Reconfiguration of the police department offices is progressing nicely. 10. Report of Superintendent of Public Works Cross: a. There continues to be 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). b. Cayuga Lake Modeling Project (CLMP) information included as Exhibit 2014-57a. c. Participation in the CLMP Resolution Exhibit 2014-57b. Resolution #7408 Whereas, the Village of Cayuga Heights’ Wastewater Treatment Plant (VCHWWTP) discharges treated effluent into the southern end of Cayuga Lake which discharge is regulated thru a State Pollutant Discharge Elimination (SPDES) Permit by the New York State Department of Environmental Conservation (NYSDEC), and Whereas, the United States Environmental Protection Agency (USPEA) has added the southern end of Cayuga Lake to its 303(d) list as environmentally impaired by high phosphorus concentration, and Whereas, the NYSDEC is tasked with enforcement of regulations to reduce phosphorus in Cayuga Lake, likely through the implementation of a Total Maximum Daily Load (TMDL) allocation to SPDES Permitted discharges, and Whereas, in preparation for evaluation of phosphorus in Cayuga Lake, the NYSDEC has assigned Cornell University to develop a computer model as a requirement for Cornell’s SPDES permit, called the Cayuga Lake Model Project (CLMP) to simulate various sources of phosphorus, and Whereas, Cornell University has developed an effluent sample testing program to collect data for the computer model which involves 7 points of discharge including the VCHWWTP, and Whereas, Cornell University has contracted with The Upstate Freshwater Institute (UFI) to collect the samples and coordinate the testing of the water by Michigan University laboratory, Now, therefore, the Village of Cayuga Heights Board of Trustees authorizes Cornell University and UFI to take effluent samples from the VCHWWTP and to use these samples to conduct the testing necessary or appropriate to develop the CLMP, which taking of samples and testing will occur in accordance with the following conditions: 1. The taking, handling, packaging, transport and delivery of all samples will be conducted in accordance with best industry practices for such tasks, and written documentation will be delivered to the Village describing such tasks and establishing the chain of custody of each sample from to point it is taken through the conclusion of each test. 2. All test results will be delivered in written and electronic format as soon as available to the Village Engineer one (1) week prior to public release of the data. 3. The Village will incur no costs in connection with the sampling and testing. 4. The sampling is conducted during regular business hours and upon not less than two business days prior notice, with an opportunity for the Village Engineer to be present during the sampling. 5. Cornell University will indemnify the Village for and hold the Village harmless from any damage or injury that occurs during and as a result of the sampling. Motion: Trustee Hamilton Second: Trustee Salton Ayes: Hamilton, Karns, Riesman, Robinson, and Salton Nays: none Abstentions: none Motion carried d. Police department renovation: Superintendent Cross added that the electrician had spent more time than he had anticipated. 10. Report of Clerk & Treasurer Mangione (Exhibit FYE2014-58a,b) Submitted report(s) (website – contained in Meeting Packet January 13, 2013) Resolution #7409 BE IT RESOLVED THAT: Standard Work Day and Reporting Resolution (RS2417-A) be passed by the Board of Trustees and processed as prescribed. Motion: Trustee Robinson Second: Trustee Riesman Ayes: Hamilton, Karns, Riesman, Robinson, and Salton Nays or abstentions: none Motion carried Resolution #7410 BE IT RESOLVED THAT: Abstract #8 for FYE2014 consisting of Trust and Agency Vouchers 77 - 91 in the amount of $19,185.83 and General Fund vouchers 524 - 602 in the amount of $223,398.55 is approved and instruction is given to the Treasurer for payment thereon. Motion: Trustee Karns Second: Trustee Salton Ayes: Hamilton, Karns, Riesman, Robinson, and Salton Nays or abstentions: none Motion carried 11. Report of Attorney Marcus: Nothing additional this evening. Meeting of the Village of Cayuga Heights Board of Trustees was adjourned by Mayor Supron at 10:38 p.m.