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HomeMy WebLinkAboutFeb. 14 2011 BOT minutes.pdfFebruary 14, 2011 VCH-Board of Trustee Meeting Minutes Page 1 Present: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely, Attorney Gutenberger, Asst. Supt Frisbie, Fire Chief Tamborelle, Police Chief Boyce, Treasurer Silber, Clerk Mills Absent: Trustee Andolina, Supt Cross Others: Judge Galbreath, Residents S. Hatcher, R. Bors, P. Shea, D. Donner, A. Bensadoun, A. VanDeMark, M. Mindlin, S. Grubb, M. Tabacchi, and G. Tabacchi, Non-Residents M. Shoemaker, J. Cowan, S. Teel, L. Garner, J. Stein, J. LaVeck, and E. Huang. Mayor Supron called the meeting to order at 7:04 PM and opened the floor to Public Hearing on proposed Local Law “B” Public Hearings Proposed Local Law B - Proposed Local Law “B” of the year 2011: A Local Law establishing an exemption for portable sheds from Zoning permit requirements of Section 20 of the Village of Cayuga Heights Zoning Ordinance. 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 establish exemptions for Portable Sheds (as defined herein) from the permit requirements of Section 20 of the Village of Cayuga Heights (the “Village”) Zoning Ordinance. The intent of this Local Law is to allow Village of Cayuga Heights' residents the opportunity to have a Portable Shed on their property without the requirement to obtain a permit from the Village, provided that the Portable Shed meets the requirements stated herein. Further, the intent is to specifically allow any Portable Shed that was in existence on the effective date of this Local Law to remain in its current location if such existing Portable Shed satisfies the requirements herein, even if it is located within the restricted portion of a yard. However, in the event that any existing Portable Shed located within the restricted portion of a yard is relocated or replaced in the future, it must comply with the yard set back requirements set forth herein. Section II. AUTHORITY. This Local Law is enacted pursuant to the grant of powers to 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 and (ii) Section 3-300 of Village Law. Section III. PERMIT EXEMPTION AND LEGALIZATION OF CERTAIN EXISTING PORTABLE SHEDS. As of the effective date of this Local Law, Portable Sheds (as defined herein) shall be exempt from the Village of Cayuga Heights zoning permit process, specifically Section 20 of the Zoning Ordinance. No more than one (1) Portable Shed will be allowed on any lot. The square footage of Portable Sheds shall not be included in lot coverage calculations. Portable Sheds shall comply with the following yard set back restrictions, measured at right angles to the property lines: February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 2 Front Yard 25 feet Side Yard 3 feet Rear Yard 3 feet For the purpose of this Local Law "Portable Sheds" shall be defined as a building or structure that: A. has a maximum area of 144 sq/ft, including any roof eaves or overhangs; B. has a maximum height of 10 feet, measured from the lowest point of the grade to the peak of the roof; C. does not have any exterior wall greater than 8 feet in height, measured from the lowest point of the grade to the top of the wall; D. does not have any exterior wall greater than 12 feet in length; E. neither has a permanent foundation nor is affixed by any means to the ground; F. may not be occupied by persons; and G. has no heat, electricity, air conditioning, or water service, and has no connection to any public utility. Any building or structure that satisfies the definition of a Portable Shed, that is located within the required set back areas of a lot, and that is in existence on the effective date of this Local Law will be deemed legal and may remain in its current location until the time it is relocated or replaced. Any Portable Shed that is placed on a lot after the effective date of this Local Law shall comply with all requirements of this Local Law. 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 superceded to the extent necessary to give this Local Law full force and effect. 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 as of the date of filing with the New York Secretary of State, except that it shall be effective from the date of 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. R. Bors- urged the board to defer adoption of this Local Law pending further investigation. Most common size sheds would not comply with this proposed local law. M. Mindlin- The Zoning Board considers sheds as buildings. J. Cowan- The limit of one shed is too restrictive. February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 3 Mayor Supron closed hearing on proposed Local Law “B” at 7:06 PM and opened hearing on proposed Local Law “C” at 7:06 PM Proposed Local Law C - Proposed Local Law “C” of the year 2011: A Local Law Amending Article 29, Tax Exemption – Senior Citizens, of the Village of Cayuga Heights Articles. 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 Article 29, Tax Exemption - Senior Citizens, of the Village of Cayuga Heights Articles and to implement in the Village of Cayuga Heights the terms and provisions of § 467 of the Real Property Tax Law of the State of New York, as amended, and to thereby provide a graduated maximum income exemption eligibility level for the granting of partial exemption from real property taxation to certain persons sixty-five (65) years of age or over. Section II. AUTHORITY. This Local Law is enacted pursuant to the grant of powers to 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 and (ii) § 467 of the Real Property Tax Law of the State of New York. Section III. TAX EXEMPTION - SENIOR CITIZENS Article 29, Tax Exemption - Senior Citizens, of the Village of Cayuga Heights Articles is hereby deleted in its entirety and replaced with the following: SCHEDULE OF PARTIAL EXEMPTION. A. Pursuant to the provisions of § 467 of the Real Property Tax Law of the State of New York, real property located in the Village of Cayuga Heights owned by one or more persons, each of whom is sixty-five (65) years of age or over, or real property owned by husband and wife or by siblings, one of whom is sixty-five (65) years of age or over, or real property owned by one or more persons, some of whom qualify under § 467 of the Real Property Tax Law of the State of New York, and others of whom qualify under § 459-c of the Real Property Tax Law of the State of New York shall be partially exempt from taxation by said Village for the applicable taxes specified in said § 467 based upon the income of the owner or combined incomes of the owners. A person otherwise qualifying for such exemption shall not be denied the exemption if such person becomes sixty-five (65) years of age after the appropriate tax status date and before December 31st of the same year. For the purpose of this Article, sibling shall mean a brother or sister, whether related through half blood, whole blood or adoption. Such partial exemption shall be to the extent set forth in the following schedule: February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 4 Annual Income of Owner or Combined Percentage of Assessed Valuation Annual Income of Owners Exempt From Taxation Up to $28,000.00 50% More than $28,000.00 but less than $29,000.00 45% $29,000.00 or more, but less than $30,000.00 40% $30,000.00 or more, but less than $31,000.00 35% $31,000.00 or more, but less than $31,900.00 30% $31,900.00 or more, but less than $32,800.00 25% $32,800.00 or more, but less than $33,700.00 20% $33,700.00 or more, but less than $34,600.00 15% $34,600.00 or more, but less than $35,500.00 10% $35,500.00 or more, but less than $36,400.00 5% B. The partial exemption provided by this Article shall, however, be limited to such property and persons as meet the conditions, exclusions and limitations as set forth in § 467 of the Real Property Tax Law of the State of New York. This Article shall be administered in accordance with said section of the Real Property Tax Law, as now adopted and as it may be amended from time to time, and the provisions of said section shall be applicable to the effectuation of the exemption provided for in this Article. APPLICATION FOR EXEMPTION. A. Application for such exemption must be made by the owner or all of the owners of the property on forms prescribed by the State Board of Equalization and Assessment to be furnished by the appropriate assessing authority and shall furnish the information and be executed in the manner required or prescribed in such forms and shall be filed in such assessor's office on or before the appropriate taxable status date. B. Notwithstanding anything to the contrary provided herein, any person who has been granted an exemption pursuant to this Article and in accordance with § 467 of the Real property Tax Law of the State of New York on five (5) consecutive completed assessment rolls shall not be subject to the requirements set forth in Subdivision 6 of said § 467, provided that: (1) Said person shall be mailed an application form by the assessing authority and a notice informing such person of his or her rights; and (2) When tax payment is made by such person a sworn affidavit must be included with such payment which shall state that such person continues to be eligible for such exemption, which affidavit shall be on a form prescribed by the State Board of Equalization and Assessment. In such event, such exemption shall be automatically granted on each subsequent assessment roll. FALSE STATEMENT. Any conviction of having made any willful false statement on the application for such exemption shall be punishable by a fine of not more than one hundred dollars ($100.00) and shall disqualify the applicant or applicants from further exemption for a period of five (5) years. Section IV. SUPERSEDING EFFECT. February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 5 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. 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 become effective immediately and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2011. No speakers. Mayor Supron closed hearing on proposed Local Law “C” at 7:08 PM and opened hearing on proposed Local Law “D” at 7:08 PM Proposed Local Law D - Proposed Local Law “D” of the year 2011: A Local Law Establishing a Tax Exemption for Disabled Persons with Limited Incomes. 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 establish a partial tax exemption for disabled persons with limited incomes and to implement in the Village of Cayuga Heights the terms and provisions of § 459-c of the Real Property Tax Law of the State of New York, as amended, and to thereby provide a graduated maximum income exemption eligibility level for the granting of partial exemption from real property taxation to certain disabled persons with limited incomes. Section II. AUTHORITY. This Local Law is enacted pursuant to the grant of powers to 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 and (ii) § 459-c of the Real Property Tax Law of the State of New York. Section III. TAX EXEMPTION FOR DISABLED PERSONS WITH LIMITED INCOMES “SCHEDULE OF PARTIAL EXEMPTION. A. Pursuant to the provisions of § 459-c of the Real Property Tax Law of the State of New York, real property located in the Village of Cayuga Heights owned by one or more persons with disabilities, or real property owned by husband and wife or by siblings, one of whom has a disability, or real property owned by one or more persons, some of whom qualify under § 459-c of the Real Property Tax Law of the State of New York and others of whom qualify under § 467 of the Real Property Tax Law of the State of New York, and whose income, as defined in § 459-c of the Real Property Tax Law of the February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 6 State of New York, is limited by reason of such disability, shall be partially exempt from taxation by said Village for the applicable taxes specified in said § 459-c based upon the income of the owner or combined incomes of the owners. For the purpose of this Article, “sibling” shall mean a brother or sister, whether related through half blood, whole blood or adoption. Such partial exemption shall be to the extent set forth in the following schedule: Annual Income of Owner or Combined Percentage of Assessed Valuation Annual Income of Owners Exempt From Taxation Up to $28,000.00 50% More than $28,000.00 but less than $29,000.00 45% $29,000.00 or more, but less than $30,000.00 40% $30,000.00 or more, but less than $31,000.00 35% $31,000.00 or more, but less than $31,900.00 30% $31,900.00 or more, but less than $32,800.00 25% $32,800.00 or more, but less than $33,700.00 20% $33,700.00 or more, but less than $34,600.00 15% $34,600.00 or more, but less than $35,500.00 10% $35,500.00 or more, but less than $36,400.00 5% B. The partial exemption provided by this Article shall, however, be limited to such property and persons as meet the conditions, exclusions and limitations as set forth in § 459-c of the Real Property Tax Law of the State of New York. This Article shall be administered in accordance with said section of the Real Property Tax Law, as now adopted and as it may be amended from time to time, and the provisions of said section shall be applicable to the effectuation of the exemption provided for in this Article. APPLICATION FOR EXEMPTION. A. Application for such exemption must be made annually by the owner or all of the owners of the property on forms prescribed by the State Board of Equalization and Assessment to be furnished by the appropriate assessing authority and shall furnish the information and be executed in the manner required or prescribed in such forms, and shall be filed in such assessor's office on or before the appropriate taxable status date; provided, however, proof of a permanent disability need be submitted only in the year exemption pursuant to this section is first sought or the disability is first determined to be permanent. February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 7 FALSE STATEMENT. Any conviction of having made any willful false statement on the application for such exemption shall be punishable by a fine of not more than one hundred dollars ($100.00) and shall disqualify the applicant or applicants from further exemption for a period of five (5) years.” 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 superceded to the extent necessary to give this Local Law full force and effect. 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 become effective immediately and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2011. No speakers. Mayor Supron closed hearing on proposed Local Law “D” at 7:09 PM and opened hearing on proposed Local Law “E” at 7:09 PM Proposed Local Law E - Proposed Local Law “E” of the year 2011: A Local Law Amending Article XII, Sewer Rents, of the Village of Cayuga Heights Articles. 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 Article XII, Sewer Rents, of the Village of Cayuga Heights (the “Village”) Articles and to set forth the terms and provisions for the collection of sewer rents for the purpose of producing revenue, such revenue to be used as hereinafter provided. The Village hereby finds and determines that the most equitable manner of collecting funds from the various properties within the Village served by its sewer system is to charged based upon the consumption of water on the premises connected to and served by the Village sewer system. The sewer system or the part or parts of the sewer system for which such rents shall be established and imposed are as follows: (a) The sewage treatment and disposal works with necessary appurtenances including pumping station, and the extension, enlargement, or replacement of or additions to such sewage treatment plant; and (b) The operation, maintenance, and repairs of the entire Village of Cayuga Heights sewer system, including the sewage treatment plant and the collection system. Section II. AUTHORITY. This Local Law is enacted pursuant to the grant of powers to local governments provided for in (i) Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 8 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. AMENDMENT OF ARTICLE XII, SEWER RENTS. As of the effective date of this Local Law, Article XII of the Village’s Articles shall be deleted in its entirety and replaced with the following language: SECTION 1. Establishment of Rents and Amounts The Village hereby establishes and imposes sewer rents for the use of the sewer system or for any part or parts thereof and establishes and imposes a minimum sewer rent charge. The manner of collecting funds from various properties within the Village served by the sewer system is to be based upon the consumption of water, as measured by the Village or its agent by water meter or similar device, on the premises connected to and served by the Village’s sewer system. Pursuant to the aforementioned laws, the Village Board shall, from time to time, set by resolution such sewer rents and charges. Such resolutions shall be adopted after a public hearing upon five days’ public notice. SECTION 2. Minimum Charge There shall be a minimum base charge for regular quarterly bills in an amount equal to the sewer rents based upon 10,000 gallons of water consumption, regardless of actual usage. For the treatment of trucked or hauled waste, there shall also be imposed a minimum base charge equal to the sewer rents based upon 10,000 gallons of water consumption, regardless of the size of the deposit,. Any such treatment must be separately permitted by the Village Board and comply with all rules and regulations of the Village. SECTION 3. Cooperation by owner of real property The Village Engineer may require each owner and/or occupant of real property within the Village connected to the Village sewer facilities to furnish such information as may be necessary and reasonable in order to carry out the provisions of this Article. Any duly authorized officer, employee, contractor, or agent of the Village or other person duly authorized by the Village, including employees or other persons associated with the Southern Cayuga Lake Intermunicipal Water Commission, shall be permitted to enter on any property at reasonable hours for the purpose of reading meters, inspecting, disconnecting, repairing or for any other purposes reasonably necessary to carry out the provisions or purposes of this Article. SECTION 4. Payment and collection; liens for unpaid sewer rents A. All rents and charges due hereunder shall be payable quarterly together with the billing for water service and shall be due and payable on the following dates each year: Feb 1st for billing period Oct 16th – Jan 15th, May 1st for billing period Jan 16th – Apr 15th, Aug 1st for billing period Apr 16th – Jul 15th, and Nov 1st for billing period Jul 16th – Oct 15th. Sewer rents and charges shall be paid to the Village Clerk at the Village Offices at 836 Hanshaw Road, Ithaca, New York, except for such rents and charges which are due and payable to any other entity to whom billing authority for sewer rents has been given or delegated by the Village. February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 9 B. The Village Clerk or other person authorized by the Village Board shall keep a record of all properties within the Village which are connected to the Village water system and the Village sewer system, and sewer bills shall be mailed to the owner or any other person to whom a water bill is addressed, billed, or mailed by the Village or other entity performing water billing services for the Village, and at the address appearing on said water bill. If property is connected to the Village sewer system but not to the Village water system, unless the property owner has directed the Village in writing to use a different address, the sewer rent bill shall be sent to the address to which real estate tax bills for the property are sent. The failure of any owner or other user to receive a bill shall not excuse nonpayment thereof, nor shall it operate as a waiver of the penalty herein prescribed. Notwithstanding any other provision in this Article, all sewer rents, surcharges or other fees or charges relating to sewer service, shall be a charge against the owner of the premises connected to the Village sewer system, and such owner shall be liable for the payment of all such rents and charges, including penalties and interest. C. In the event any sewer rent is not paid within 30 days of the date of the bill, there shall be added a penalty of 10% for late payment. D. Sewer rents and any other charges payable hereunder shall constitute a lien on the real property served by the sewer system. The priority of such lien and the enforcement thereof shall be in accordance with Article 14-F of the General Municipal Law which presently provides that the lien shall be prior and superior to every other lien or claim except the lien of an existing tax, assessment or other lawful charge enforced by or for the state or a political subdivision or district thereof. E. The Village may bring an action a) as upon contract, for sewer rents, surcharges thereto, and all other charges incurred by the owner of property in connection with sewer service, which are in arrears, together with interest and penalties thereon, or b) to foreclose liens for such sewer rents and surcharges. Also, in the alternative, the Village Board may cause any unpaid sewer rents, surcharges, or other charges to be levied and collected in the same manner and in the same time as the Village tax in accordance with the provisions of Article 14-F (Subdivision 4 of § 452) of the General Municipal Law, or any amendment thereof. SECTION 5. Collection of other costs. Any costs and expenses or other charges other than those hereinbefore described, incurred by the Village because of any repair or other work to the sewer system or otherwise for which the owner of any property served by or connected to the sewer system is obligated under this Article or any other local law, ordinance, statute or provision of law, shall be collected in the manner provided for the collection of sewer rents in this Article, and shall be a lien upon the property and enforceable in accordance with the provisions of this Article, or any other applicable provision of law. SECTION 6. Correction of errors. For the period in which no water meter is installed and operating on any property or cannot be installed thereon, or if such water meter has ceased to register or has registered inaccurately, the charge for the use of the sewerage facilities shall be based on such equitable basis as the Village may determine, which shall take into account previous usage and charges, if any, and all other pertinent information and factors in the discretion of the Village. February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 10 If any owner of real property on which a sewer rent has been imposed deems himself or herself aggrieved because such real property is not served by the sewer system or an error has been made in computing such sewer rent, the owner may file an application for a refund of all or part of such sewer rent. Such application shall be verified by the owner and shall set forth the amount of refund sought and the grounds therefore. Such application shall be presented to the Village Board of the Village, which may refund all or part of such sewer rent. Any such application shall be filed within 60 days of the time the applicant learns of the claimed error, but not later than four months of the date of the bill claimed to be in error. The Village Board may, for good cause shown, extend the time for the filing of such application if circumstances show the charges are patently unfair and that the applicant had a reasonable basis for not timely filing the application for correction of the error. SECTION 7. Sewer Rent Fund. Any revenues derived by the Village from the sewer rents, including penalties and interest, shall be deposited in a special fund to be known as the "Sewer Rent Fund." Monies in such fund shall be used for the payment of the necessary management, maintenance, operation, repair and financing of any sewer improvement or service provided by the Village, including any payment required to be made by the Village to any contracting municipality for such purposes, including interest and penalties. Except as otherwise stated in this Article, at any time, any surcharges on said sewer rents shall be used for the costs of sewer operations as above defined and shall be specifically designated for such purpose in the Sewer Rent Fund. Moneys in the fund shall be used to pay the Village's share of the operating and maintenance costs and capital costs, to the extent authorized by law and the Village Board, related to collection, transmission and treatment of sewage and for any other purpose authorized by General Municipal Law § 453 as the same may be amended from time to time. SECTION 8. Applicability. This Article shall apply to all properties in 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 superceded to the extent necessary to give this Local Law full force and effect. 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 as of June 1, 2011 Treasurer Silber- Gave an overview of the Local Law. No comments. Mayor Supron Closed Public Hearing at 7:10 PM. February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 11 Privilege of the Floor Mayor Supron - we have a time-limit during the privilege of the floor of two minutes per person with a total of 30 minutes – there is a new timer that will be used, we ask that the Village of Cayuga Heights residents be allowed to speak first with any extra time going to the general public. S. Grubb- Thank you for improving the fencing, but it is still flawed. Ms. Grubb provided a handout of her concerns for the Trustees. (see copy at end of minutes) A. VanDeMark- believes there is no question that TCAT has deceived the community regarding the route of its bus 30 in the Village. Dangerous turns exist on both ends of Northway. There is a need to follow the guidelines of the traffic study. A. Druyan – asked for the opportunity to offer further input regarding the EIS process. P. Ginsparg - The Board is moving egregiously slowly in mitigating the problem of the deer over population. B. Lemberg – I have 3 children and wish to see the bus route 30 changed to Upland Road in order to minimize the accident risk E. Schnell- I have 2 young children and am concerned about the bus route – traffic and parking are problems that she has discussed with a policeman. M. Shoemaker- Emergency and ambulance access is needed to the Cayuga Heights Elementary school which may be blocked by TCAT bus 30. The Village could be sued in case of an accident. R. Bors – during the past month I have spoken to many villagers; there is popular support for deer management. People are frustrated by a lack of progress. The Board does not have support for property line fencing. M. Tabacchi- reading a note from Michelle Poppensiek alleging that the Mayor and Trustees did not read letters from the public regarding proposed deer remediation. It’s wrong to kill the deer, an opinion supported by most villagers. (see attached statement) Mayor Supron clarified for the record that the documents referred to by M. Poppensiek had been scanned into the computer and emailed to the Trustees for review. There was no need for the Trustees to come to the Village Office to view the hard copies. B. Ganem- speaking as a Pleasant Grove Lane homeowner – expressed displeasure regarding logging of 15 trees in the Pleasant Grove Cemetery and concerned that the creek slope at the site may be destabilized. Further the creek area falls within the Palmer Woods Unique Natural Area, and the loggers left debris that could be used for a bon fire. G. Gebhar- opposes using sterilization and culling of deer for the sake of gardens. February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 12 S. Teel- This is an incomplete list of questions or issues that I have asked 8 times to have a public meeting to discuss. Reducing the deer population not the problem, but the way it may be done. A compromise is needed. P. Shea- is against netting and bolting. A. Baker – is against the netting and bolting. There isn’t a deer problem in Cayuga Heights. The problem is the Village would rather kill than compromise. M. Hamlin – please don’t kill the deer. N. Golder- Wants to speak in favor of the deer. There seems to be a lack of empathy on the part of the Board. J. Cowan - wants to offer support for not changing the present TCAT bus 30 route. Also supports the deer culling. Sorry the Board has to listen to all the comments tonight. J. LaVeck- strongly opposes the culling of the deer. (see statement at the end) L. Gardner- Doesn’t want children to see deer suffer. His deer from Lansing will move into the Village when there is room. C. Temple - An Ithaca resident, said “you haven’t figured it out yet”. I’m hoping it will be with fencing. A. Serling- in her experience, Village residents are vehemently opposed to deer culling, as she is. S. Baugher - There are flaws in the DEIS. Who will make changes and how will be the incorporated? She is also advocating eight foot fencing. J Stein – Would like the Board to re-think the culling issues. (see statement at the end) R. Kittridge- Supports the plan to cull the deer. He would like to see an immediate 90 % reduction of the deer population. M. Mindlin- Fencing protects property, children, and pets; having fencing is our legal right. Mayor Supron closed Privilege of the Floor at 7:52 PM. Judge Galbreath – presented the Justice’s annual report to the Board and asked if there were any questions. Trustee Szekely- Expressed her appreciation for grant application for renovations to Marcham Hall. Judge Galbreath indicated that the renovations applied for would include air conditioning, handicap access, and a jury room. He would expect to hear late spring- early summer. There is up to $30,000 available, but it is unlikely we will receive the entire amount. The Village would need to commit matching funds. February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 13 Discussion: Judge Galbreath explained why the number of trials has decreased. Police department personnel, by discretion, may impose fines and surcharges, eliminating the need for many court cases. More cases are forthcoming. When asked about his work training other municipal justices statewide, the Judge explained that he offers ten to twelve such trainings annually ranging from Buffalo to Long Island with 30 to 100 people attending. Cayuga Heights Village Court is held each Tuesday at 6PM and the first Thursday evening of each month at 5PM (also known as Pre-Trial Court where Attorneys and Defendants are all present). Report of the Fire Chief , G. Tamborelle–  New equipment in gym at the Fire station.  Fire truck 202 purchase is proceeding on the April/May time schedule.  New recruit class started with twelve people, ten completed the course.  The Chief and his family are moving April 1st to 425 Klinewood Road  A spring pancake breakfast is planned with a Brownie troop to serve Report of the Asst. Supt. of Public Works, J. Frisbie –  There are no follow-up questions to the monthly report  A water main break #2 Rte 34 svc line was repaired by 10:00.  Trustee Szekely remarked that several villagers have spoken to her about the fine plowing service the DPW crew is rendering this winter.  Three quotes have been received for the salvage tractor that must be replaced. Insurance covered 95% of the loss. Motion: Trustee Hamilton Second: Trustee Szekely To pass a resolution #6800 approving the highest bid be taken as salvage price for sidewalk tractor to Roger Koskinen who called and gave a verbal quote of $1,600.00 Discussion: none Aye votes: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely Absent: Trustee Andolina Motion passed The Fire Department’s Annual Yard Sale is scheduled to be held May 21st and May 22nd 8AM - 6PM. The Fire Company will begin accepting donations the week prior to the yard sale, beginning Saturday May 14th and will continue accepting donations through May 18th. Motion: Trustee Riesman Second: Trustee Hamilton To pass a resolution #6801 to authorize the Fire Department to host a fundraiser in May. Discussion: none February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 14 Aye votes: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely Absent: Trustee Andolina Motion passed Approval of Minutes Motion: Trustee Riesman Second: Trustee Hamilton A resolution #6802 to approve the minutes of January 10, 2011 as submitted, with amendments made prior to tonight’s meeting by Attorney Marcus, Mayor Supron, and Trustee Szekely. Discussion: none Aye Votes: Mayor Supron, Trustees: Riesman, Szekely, Hamilton Abstain: Trustees Karns & Crooker Absent: Trustee Andolina Motion passed Motion: Trustee Hamilton Second: Trustee Karns A resolution #6803 to approve the minutes of January 20, 2011 as submitted, with amendments made prior to tonight’s meeting by Attorney Marcus, Mayor Supron, and Trustee Szekely. Discussion: none Aye Votes: Mayor Supron, Trustees: Riesman, Karns, Hamilton Abstain: Trustees Szekely & Crooker Absent: Trustee Andolina Motion passed Report of the Mayor FEIS- Tim Miller & Assoc. continue to process the data collected. They have reviewed all the written comments and are now working through December 6th Public Hearing. The fact not having public debate will be addressed in the FEIS. This will bring the cost for providing the process of the deer remediation to $34,000. Final FEIS will be on the website and available at cost of copying. There are various links on the web. A summary will be out on the web to the frequently asked questions. Our new Deputy Clerk, Angela Korbel, started on February 7th- Bid her welcome. TCAT- aware traffic study was completed in December. Had a mediation session with the Community Dispute Resolution Center- Which is not available to the public at this point. The Board is not ready to make a Local Law, but wants to work with TCAT. Offered to sit with them and talk about any possible compromise. Trustee Riesman - would like to meet with TCAT representatives again, but it does not seem they are willing to compromise. The Mayor has a copy of the letter, which is foilable. Let her know if you want a copy. February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 15 Trustee Szekely- has encouraged persons who have written email to members of the Board of Trustees about the TCAT bus route to copy their messages to TCAT. Mayor Supron added that the Tompkins County Legislators should get copies also. J. Laveck spoke from the floor indicating that they all have received copies. Proposed Local Law “A” is to amend Section 9, Fences and Walls, of the Village of Cayuga Heights Zoning Ordinance to permit the erection of Deer Fences. Discussion Trustee Szekely- In response to public comment this evening concerning fencing, she would like to point out that support for fencing to protect property from deer in no way signifies any diminished resolve to support the proposed policy to sterilize and cull the deer herd. From a previous conversation, Trustees Andolina & Hamilton- spoke about the 100 square feet limit proposed for the exclosure fencing of individual plants or groups of plantings within the 25’ front set back. Regarding exclosure fencing, Trustee Hamilton raised the question of applicability to irregular lots with two sides facing streets. Is the 100’ SF too restrictive? Discussion was ongoing concerning fences and exclosures; the total number of square feet allowable for an exclosure in a front yard set back was changed from 100 to 144 (12’ x 12). Motion: Trustee Crooker Second: Trustee Karns To pass resolution #6804 to schedule a Public Hearing for Proposed Local Law “A” at the March 14th, 2011 at 7:00 PM. Discussion: none Aye votes: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely Absent: Trustee Andolina Motion passed Proposed Local Law “B” is to establish an exemption for portable sheds from Zoning permit requirements of Section 20 of the Village of Cayuga Heights Zoning Ordinance. Discussion- Property owners wishing to build larger sheds than the dimensions in the proposed law can apply for a building permit. Motion: Trustee Karns Second: Trustee Szekely February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 16 To pass resolution #6805 for Proposed Local Law “B” - A Local Law establishing an exemption for portable sheds from Zoning permit requirements of Section 20 of the Village of Cayuga Heights Zoning Ordinance. Discussion: none Aye votes: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely Absent: Trustee Andolina Motion passed 1st - SEQR-Short form 11 questions 1-No 7- No 2-No 8-No 3-No 9-No 4-No 10-No 5-No 11-No 6-No Will not result in any adverse effect. Proposed Local Law “C” is to amend Article 29, Tax Exemption – Senior Citizens, of the Village of Cayuga Heights Articles. Motion: Trustee Hamilton Second: Trustee Crooker To pass resolution #6806 for proposed Local Law “C” A Local Law Amending Article 29, Tax Exemption – Senior Citizens, of the Village of Cayuga Heights Articles. Discussion: none Aye votes: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely Absent: Trustee Andolina Motion passed Proposed Local Law “D” is to establish a Tax Exemption for Disabled Persons with Limited Incomes. Motion: Trustee Riesman Second: Trustee Crooker To pass resolution #6807 for Proposed Local Law “D” A Local Law Establishing a Tax Exemption for Disabled Persons with Limited Incomes. Discussion: none Aye votes: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 17 Absent: Trustee Andolina Motion passed Proposed Local Law “E” is to amend Article XII, Sewer Rents, of the Village of Cayuga Heights Articles. Discussion- Treasurer Silber- Advised the board not to take action tonight regarding the local law for the Sewer Rents, but defer to the March 14th meeting. Also, he wanted to clarify that the Trustees would be able to change the rate via a resolution every year. Mayor Supron tabled Proposed Local Law “E” until the next Board of Trustees meeting to be held on March 14th. Next Item- Approve Bolton Point Contract. Main issue of agreement is wage increases (read contract). All commissioners voted in favor except the Town of Lansing. Motion: Trustee Karns Second: Trustee Szekely To pass resolution #6808 to accept the Bolton Point contract Discussion: none Aye votes: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely Absent: Trustee Andolina Motion passed  Local Laws C, D, and E are type 2 SEQR exempt Proposed Local Law “F” is a local law consolidating the position of Village Clerk and Village Treasurer and establishing the position of “Clerk-Treasurer”. Motion: Trustee Riesman Second: Trustee Szekely To pass resolution #6809 to schedule a Public Hearing for Proposed Local Law “F” a local law consolidating the position of Village Clerk and Village Treasurer and establishing the position of “Clerk-Treasurer” at the March 14th, 2011 at 7:00 PM Discussion: If the Village wants to consider a title consolidation, one of the positions must be vacant. The acting treasurer can sign when needed which is tied to adoption of the budget approval in April. Aye votes: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely Absent: Trustee Andolina Motion passed Break - 9:40 PM until 9:45 PM February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 18 Report of the Police Chief , T. Boyce -  There were no questions in response to the Chief’s monthly report  Tickets are being written for speeding and cell phone use. The speeding is being controlled in the school zone with more violations on Hanshaw Road than on The Parkway. Tickets are being written and there is good coverage by the officers. Motion: Trustee Karns Second: Trustee Riesman To pass a resolution #6810 to authorize the hire of part-time Police Officer James Landon at a salary of the PBA contract effective 2/15/2011. Discussion: none Aye votes: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely Absent: Trustee Andolina Motion passed Report of the Treasurer, J. Silber -  The furniture item in the abstracts was identified as a chair for the Mayor  Cross off list two duplicate items, #53 and #109  Departmental budget submissions are due 2/23/2011 to Treasurer Silber.  Tentative budget is due for the March 14th board meeting.  If another meeting is needed, a week or week and a half later is suggested.  Insurance applications will start to come in with renewal on June 1st. Comment to Treasurer Silber, we are looking at different software products for accounting and budgeting, e.g. Williamson Law Book. For ten years we have been using Micro Fund, which has currently been updated. Motion: Trustee Riesman Second: Trustee Karns To pass a resolution #6811 to accept Abstract. Discussion: none Aye votes: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely Absent: Trustee Andolina Motion passed February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 19 Motion: Trustee Crooker Second: Trustee Hamilton To pass a resolution #6812 to authorize the Mayor to approve the Bolton Point agreement. Discussion: none Aye votes: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely Absent: Trustee Andolina Motion passed Attorney Gutenberger- inquired whether the Board wanted BGDMO to draft a local law revising definition of “front, side, & rear yards” or have the Planning Board create a definition during the course of drafting the Comprehensive Plan. It was decided by the Board to have the Planning Board address this issue. Mayor Supron opened the meeting to Trustee Privilege of the Floor Trustee Privilege of the Floor  Trustee Karns- consider adopting Martin Luther King Day as an official holiday.  Trustee Riesman- we are awaiting installation of the permanent bus stop shelter at 825 Hanshaw and an easement agreement with Kimball Real Estate in order to begin construction of a second bus stop shelter at the Fire Station. The goal is completion of both projects by the end of the summer. Motion: Trustee Riesman Second: Trustee Szekely To pass resolution #6813 to enter into executive session at 10:15 PM Aye votes: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely Absent: Trustee Andolina Motion passed Motion: Trustee Riesman Second: Trustee Hamilton To pass motion #6814 to exit executive session at 10:34 pm Aye votes: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely Absent: Trustee Andolina Motion passed Motion: Trustee Hamilton Second: Trustee Riesman To pass resolution #6815 to adjourn at 10:35 PM Aye votes: Mayor Supron, Trustees Hamilton, Riesman, Karns, Crooker, and Szekely Absent: Trustee Andolina Motion passed February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 20 February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 21 February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 22 February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 23 February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 24 February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 25 February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 26 February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 27 February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 28 February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 29 February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 30 February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 31 February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 32 February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 33 February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 34 February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 35 February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 36 February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 37 February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 38 February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 39 February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 40 February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 41 February 14, 2011 VCH-Board of Trustee Meeting Minutes Page 42