HomeMy WebLinkAbout10-30-2017 Minutes1
EXHIBITS 2018-051
Minutes VILLAGE OF CAYUGA HEIGHTS Monday, October 30, 2017
Marcham Hall BOARD OF TRUSTEES 7:00 p.m.
PUBLIC HEARING
Present: Mayor Woodard; Trustees: Biloski, Friend (joined at 7:25 p.m.), Marshall, McMurry,
Robinson, and Salton; Chief of Police: Steinmetz; Superintendent of Public Works Cross; Clerk &
Treasurer Mangione; Attorney Marcus.
Call to Order: Mayor Woodard calls the meeting to order at 7:04 p.m.
Clerk & Treasurer Mangione stated each member of the public can speak for 3 minutes. It was 3-4 years
ago when the Zoning Review Committee (ZRC) started meeting twice a month to discuss the Village
Zoning. Tonight, is the first of several Public Hearings on the new proposed Zoning Law, which will be
conducted following the first public hearing tonight.
1. Public Hearing: Mayor Woodard opens the Public Hearing at 7:06 p.m. - Proposed Local Law 3 of
2017 establishing sewer rates, to be applied in accordance with Local Law 2 of 2017 of the Village of
Cayuga Heights. This local law is a neutral revenue increase in sewer rates, because we are changing
the minimum usage that we charge for, from 10,000 gallons to 5,000 gallons. This will result in a
decrease in cost to most residents.
Section I. PURPOSE
The purpose of this Local Law is to establish annual sewer rates of $2.39/1000 gallons consumed for
inside users and a rate of $3.59/1000 gallons used for outside users, as defined in articles XII, Sewer
Rents, of the Village of Cayuga Heights Articles.
Section II. AUTHORITY
This Local Law is enacted pursuant to the grant of powers of local governments provided for in (i)
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, (ii) General Municipal Law Article 14-F, (iii) General Municipal Law Sections 451 and 452,
and (iv) Village Law Article 14.
Section III. ESTABLISHMENT OF SEWER RATES
As of January 1, 2018, annual sewer rates shall be established at a rate of $2.39/1000 gallons used for
treatment of waste water originating from properties located within the Village and a rate of $3.59/1000
gallons used for treatment of waste water originating from properties located outside of the Village.
Section IV. SUPERSEDING EFFECT
All Local Laws, resolutions, rules, regulations and other enactments of the Village of Cayuga Heights in
conflict with the provisions of this Local Law are hereby superseded to the extent necessary to give this
Local Law full force and effect.
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Section V. VALIDITY
The invalidity of any provision of this Local Law shall not affect the validity of any other provision of
this Local Law that can be given effect without such invalid provision.
Section VI. EFFECTIVE DATE
This Local Law shall be effective immediately upon filing in the office of the New York State 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.
Mayor Woodard closes the Public Hearing at 7:09 p.m.
Attorney Marcus informed the Board, that under SEQR this is a Type II exemption under section
617.5(c)(20) – routine agency administration.
Resolution # 8095
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees adopts Proposed Local
Law 3 establishing sewer rates, to be applied in accordance with Local Law 2 of 2017 of the Village of
Cayuga Heights.
Motion: Trustee Marshall
Second: Trustee Robinson
Ayes: Mayor Woodard, Trustees: Biloski, Marshall, McMurry, Robinson, and Salton
Nays: none
Abstentions: none
Motion carried
3. Emergency Road Repair Declaration: A heavy rain storm last night caused the Highland Road
culvert pipe to collapse and requires closing the road for emergency repair.
•Trustee Salton would like all engineering options investigated before continuing with a contractor on this
emergency road damage. Superintendent of Public Works Cross informed the Board that repair money
will be funded out of Street Capital Improvement projects.
Resolution # 8096
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees recognizes the public
emergency rising out of a unforeseen occurrence on public property (Highland Rd. culvert) and to enter
into a contract to make the emergency repairs.
Motion: Trustee Robinson
Second: Trustee McMurry
Ayes: Mayor Woodard, Trustees Biloski, Marshall, McMurry, Robinson, and Salton
Nays: none
Abstentions: none
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Motion carried
Resolution # 8097
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes Mayor
Woodard to enter into a contract on an emergency basis with a contractor to perform emergency repairs to
the culvert on Highland Rd.
Motion: Trustee Salton
Second: Trustee Biloski
Discussion: none
Ayes: Mayor Woodard, Trustees Biloski, Marshall, McMurry, Robinson, and Salton
Abstentions:
Motion carried
2. Public Hearing: Mayor Woodard opens the Public Hearing at 7:22 p.m. on proposed Local Law to
replace all Zoning Laws and ordinances with a revised and restated Zoning Law.
Mayor Woodard publicly thanked the Zoning Review Committee: PB Chair, Fred Cowett, former Mayor
Kate Supron, Kirk Siegel, David Filiberto, Elaine Quaroni, Superintendent of Public Works Brent Cross,
and Trustee Meloney McMurry for all their hard work and dedication.
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Clerk and Treasurer J. Mangione reads a letter from A.Wittink on Chickens: Submitted Letter.
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Melissa Pollack: Sent an email to the Village Board, she is in-favor of short term rentals and currently
has a short-term rental. She suggested the ZRC consider a special use permit.
Rosemarie Parker: Stated her concern is about off-street parking on lawns. She also raised the question
on the language for brush piles, and how the new Zoning addresses cutting and removing vegetation.
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Trustee M. Friend arrives at 7:25 p.m.
David Kline: Stated he is very much in favor of restrictions on short term rentals. Commercial rentals
should not intrude into residential neighborhoods. He also supports the idea to reduce the number of
unrelated occupants in 1–2 family dwellings.
Mr. Kline further stated the sections on stream maintenance are hard to read and understand. Lawn
maintenance and front yard activities should have some sort of restrictions. He also felt residential
neighborhoods are not agriculture zones, and is not sure about chickens.
He would like to see invisible fencing be considered.
Ilene Lambiase: Submitted letter.
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Eric Bopp: State he will defer to the end to speak.
Jeff Sauer: Stated his neighborhood falls into the re-zoning from multi-housing to residential, which is
good and felt allowing non-conforming use in this area is more like “spot zoning”.
Ron Bors: Stated he is against chickens and his concerns were addressed to the Board in September 2017.
The comprehensive plan does not allow for any agricultural zones. He would like the Board to reference
the Village of Trumansburg for guidance on chickens.
Susan Barnett: Raised the question of how will short term rentals be policed, 14-day enforcement? She
also stated the Board should please listen to the residents of the Village and not the multi-billion-dollar
companies who make profits from our villagers.
David Filiberto: Stated he disagrees with the 14-day rule, and any new changes should be less restrictive.
the short-term rental changes infringe on property owners rights. He is not in favor of chickens in the
Village and he is also not in-favor of investors buying houses and renting them out.
Kate Supron: Thanked the Board of Trustees, Planning Board and the public for all hard work that went
into the proposed Zoning Law. She reminded the public, currently it is not permitted to have short term
rentals in the Village, the draft is a compromise. She bought her house in a residential neighborhood to
live there, not as property to generate income. “I bought a house I could afford, so the idea of renting out
my home for supplemental income does not make sense”. On the topic of chickens, she supports chickens
with the current restrictions.
Carol Schiffman: Stated she supports the changes of number of unrelated people per household. She went
on to state, when you don’t control rental properties, you change the nature of the neighborhood.
Invisible fence set back should be included and researched for the new zoning draft.
Marian VanLoan: Stated as a 26-year resident, she thinks short term rentals don’t belong in the Village.
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Jane Segelken: Has an accessory apartment and relies on the income from that to stay in her home. She
felt long term rentals are much easier to manage than short-term rentals. She also stated, that if the Board
acts on the restrictions of rentals it will force out the older / long term residences who cannot afford to
live in the Village without some rental income.
Connie Kintner: She has had chicken at her property for 10 years now. They eat lots of ticks, and fertilize
the lawn. They have never gotten out and would love to educate anyone who wants to learn about
chickens.
Hickory Lee: Stated she is in favor of allowing residents to have chickens.
Anita Graf: Stated she is a rental property owner in the City of Ithaca and came to listen to the public
input on short-term rentals.
Jeff Milder: Is against the current restrictions on short term rentals. Advocates for owner occupied rentals
and calls for more revisions to the current draft of the Zoning Law. He is against non-owner-occupied
rentals and will give more comments in writing.
Nina Kohn:
Against restriction on short term rentals, occupancy and home occupation. There is no issue with
residentswho run short term rentals now. She also felt over the past several months the Mayor and Board
has refused to listen to the public comments.
John Grant: Bought his home with the understanding of the income potential on accessory apartments.
He recommends creating laws to control rentals and allow them.
Casey Carr: Is a 25-year resident of Cayuga Heights, she can’t afford to stay in her home without the
extra income from short-term rentals.
Alicia Fontaine: Asked the Board to consider the definition of stream set back and the steep slope
Aspects be looked at closer.
Dooley Keifer: Stated there is no site plan review for single family homes. She also felt strongly about
allowing unlimited access to solar for property owners.
Rick Burgess: Stated he is new to the Village, and the family was excited to learn that chickens might be
allowed.
Eric Bopp: Stated he is in support of short term rentals.
Margery Broadhead: Stated she supports short term rentals but is not in favor of non-owner-occupied
rentals.
Steve Gordan: Stated he supports owner occupied short term rentals.
Eric Pritz: Stated he supports owner occupied short term rentals and feels it fills an income need for most.
He also pointed out that most rentals occur on the weekends.
Beatrice Szekely: Is a 40-year resident and as the Village Historian, informed the Board that this is only
the 3rd Zoning law to be passed since incorporation in 1925.
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Brian Eden: Stated he supports community shared solar, and front yard solar should be allowed. Stream
setbacks should be discussed, and site-plan review should be conducted for all projects. He also is in
favor of chickens in the Village.
Katherine Gale: Stated she enjoyed hearing the different opinions from all the Village residents.
Kate Seaman: Stated she is an Ithaca Realtor, and receives weekly inquiries on properties in the Village
and what are the rental opportunities associated with those properties.
Resolution # 8099
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees is considered lead agency
for SEQR review for the proposed Local Law to replace all zoning laws and ordinances with a revised
and restated Zoning Law.
Motion: Trustee Salton
Second: Trustee Biloski
Ayes: Mayor Woodard, Trustees Biloski, Friend, Marshall, McMurry, Robinson, and Salton
Nays: none
Abstentions: none
Motion carried
Mayor Woodard adjourns the Public Hearing at 9:55 p.m.
Motion: Trustee Friend
Second: Trustee Biloski
Ayes: Mayor Woodard, Trustees Biloski, Friend, Marshall, McMurry, Robinson, and Salton
Nays: none
Abstentions: none
Motion carried