HomeMy WebLinkAbout6-18-2018 Minutes
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Minutes VILLAGE OF CAYUGA HEIGHTS June 18, 2018
Ronald E. Anderson Fire Station BOARD OF TRUSTEES 7:00 p.m.
Present: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson, and Salton; Police Chief
Wright; Superintendent of Public Work Cross; Assistant Superintendent of Public Works Wiese; Treasurer
Mangione; Deputy Clerk Johnson; Attorney Marcus
Call to Order: Mayor Woodard calls the meeting to order at 7:01 p.m.
1. Approval of Meeting Minutes: May 15, 2018 (Exhibit 2019-025)
RESOLUTION # 8239
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the May 15, 2018 meeting
minutes as presented.
Motion: Trustee Salton
Second: Trustee Marshall
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
2. Approval of Meeting Minutes: June 6, 2018 (Exhibit 2019-026)
RESOLUTION # 8240
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves the June 6, 2018 meeting
minutes as presented.
Motion: Trustee Marshall
Second: Trustee Robinson
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
3. Report of the Fire Superintendent Tamborelle: Submitted Report (Exhibit 2019-027)
An emergency repair is needed to the flat rubber roof on the fire station.
RESOLUTION # 8241
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves an expenditure not to
exceed $5000.00 for an emergency repair of the Village of Cayuga Heights Fire Department rubber roof.
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Motion: Trustee Friend
Second: Trustee McMurry
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
4. Privilege of the Floor: No members of the public wished to speak.
5. Report of Mayor
a. Public Hearing on Proposed Local Law E- 2018 (Exhibit 2019-028)
Mayor Woodard opens the Public Hearing at 7:15 p.m.
•No members of the pubic wished to comment.
Mayor Woodard closes the Public Hearing at 7:15 p.m.
RESOLUTION # 8242
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees adopts Proposed Local Law E as
Local Law # 5 of 2018.
VILLAGE OF CAYUGA HEIGHTS
PROPOSED LOCAL LAW E OF THE YEAR 2018
A LOCAL LAW TO AMEND
ARTICLE XIII OF THE ARTICLES OF
THE VILLAGE OF CAYUGA HEIGHTS
CONCERNING THE REGISTRATION AND USE OF BICYCLES
Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows:
SECTION I PURPOSE AND INTENT
It is the intent of this Local Law to eliminate the requirements concerning registration of bicycles of Article XIII,
“Registration and Use of Bicycles,” of the Articles (the “Articles”) of the Village of Cayuga Heights (the
“Village”), as said Article XIII had been amended by Local Law 3 of 1990 (as so amended, “Article XIII”). It is
also the intent of this Local Law to establish rules allowing bicycles, and other wheeled equipment, to be used on
Village sidewalks by persons with disabilities and by children age twelve (12) and younger. The Village’s Board
of Trustees has determined that the requirements of Article XIII related to the registration of bicycles have not
been enforced and are not necessary. The Village’s Board of Trustees further has determined that, to promote the
use of bicycles and other wheeled equipment in a safe manner by persons with disabilities and by children age
twelve (12) and younger, persons with disabilities and children age twelve (12) and younger should be permitted
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to operate bicycles and other wheeled equipment on the Village’s sidewalks. The purpose of this Local Law is to
delete in their entirety the requirements of Article XIII, and establish by this Local Law that persons with
disabilities and children age twelve (12) and younger shall be permitted to operate bicycles and other wheeled
equipment on the Village’s sidewalks.
SECTION II AUTHORITY
This Local Law is enacted pursuant to the grant of powers to local governments provided in Section 10 of the
Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provision of the New York
State Constitution and 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 pursuant to the grant of powers to
local governments provided in Section 180 of the General Municipal Law to regulate the use of bicycles on the
public highways, streets, avenues, walks, parks and public places.
SECTION III TITLE OF THIS LOCAL LAW
This Local Law shall be known as the Bicycle Use Law.
SECTION IV AMENDMENT ARTICLE XIII OF THE ARTICLES OF THE VILLAGE
A. The text of Article XIII of the Articles of the Village is hereby deleted in its entirety.
B. The following requirements shall govern the operation of bicycles and other wheeled equipment, including
skateboards, roller blades, roller skates, scooters, wheelchairs and adult tricycles (collectively referred to
herein as “bicycles and other wheeled equipment”). For the purposes of this Local Law, “bicycles and
other wheeled equipment” shall not include baby strollers or carriages or other conveyances for children
not able to walk. For the purposes of this Local Law, “persons with disabilities” shall mean individuals
who require the use of a bicycle or other wheeled equipment as a means of transportation or mobility.
1. Persons with disabilities and children age twelve (12) and younger shall be permitted to ride, drive or
operate bicycles and other wheeled equipment on the Village’s sidewalks.
2. Other than as specified in subsection (1) above, no person shall ride, drive or operate a bicycle or other
wheeled equipment on any sidewalk in the Village.
C. In any case that a person is riding, driving or operating a bicycle or other wheeled equipment on a Village
sidewalk, such person shall yield the right of way to any pedestrian using the sidewalk.
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D. In the event of a violation of the requirements of this Local Law by a child age thirteen (13) through fifteen
(15), the summons for such violation shall be issued to the parent or guardian of such child. In the event of
a violation of the requirements of this Local Law by any person age sixteen (16) or older, the summons for
such violation shall be issued to such person.
SECTION V SUPERSEDING EFFECT
All Local Laws, Articles, 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. Without limiting the foregoing, to any extent that the terms of the Zoning Law of the Village
of Cayuga Heights are deemed to be in conflict with the requirements of this Local Law, the terms of this Local
Law shall govern and control.
SECTION VI PARTIAL INVALIDITY.
In the event that any portion of this Local Law is declared invalid by a court of competent jurisdiction, the
validity of the remaining portions shall not be affected by such declaration of invalidity.
SECTION VII 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.
Motion: Trustee McMurry
Second: Trustee Robinson
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
b. Public Hearing on Proposed Local Law F- 2018. (Exhibit 2019-029)
Mayor Woodard opens the Public Hearing at 7:16 p.m.
•No members of the public wished to comment.
Mayor Woodard closes the Public Hearing at 7:16 p.m.
RESOLUTION # 8243
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees adopts Proposed Local Law F as
Local Law # 6 of 2018.
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SECTION 1.0
STATUTORY AUTHORIZATION AND PURPOSE
1.1 FINDINGS
The Board of Trustees of the Village of Cayuga Heights finds that the potential and/or actual damages
from flooding and erosion may be a problem to the residents of the Village of Cayuga Heights and that
such damages may include: destruction or loss of private and public housing, damage to public facilities,
both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of
such damages and to achieve the purposes and objectives hereinafter set forth, this local law is adopted.
1.2 STATEMENT OF PURPOSE
It is the purpose of this local law to promote the public health, safety, and general welfare, and to
minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(1) regulate uses which are dangerous to health, safety and property due to water or erosion hazards,
or which result in damaging increases in erosion or in flood heights or velocities;
(2) require that uses vulnerable to floods, including facilities which serve such uses, be protected
against flood damage at the time of initial construction;
(3) control the alteration of natural floodplains, stream channels, and natural protective barriers
which are involved in the accommodation of flood waters;
(4) control filling, grading, dredging and other development which may increase erosion or flood
damages;
(5) regulate the construction of flood barriers which will unnaturally divert flood waters or which
may increase flood hazards to other lands, and;
(6) qualify for and maintain participation in the National Flood Insurance Program.
1.3 OBJECTIVES
The objectives of this local law are:
(l) to protect human life and health;
(2) to minimize expenditure of public money for costly flood control projects;
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(3) to minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) to minimize prolonged business interruptions;
(5) to minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone, sewer lines, streets and bridges located in areas of special flood hazard;
(6) to help maintain a stable tax base by providing for the sound use and development of areas of
special flood hazard so as to minimize future flood blight areas;
(7) to provide that developers are notified that property is in an area of special flood hazard; and,
(8) to ensure that those who occupy the areas of special flood hazard assume responsibility for their
actions.
SECTION 2.0
DEFINITIONS.
Unless specifically defined below, words or phrases used in this document shall be interpreted so as to give them
the same meaning as they have in common usage and so as to give this document its most reasonable app1ication.
“Appeal” means a request for a review of the Local Administrator's interpretation of any provision of this Local
Law.
“Basement" means that portion of a building having its floor subgrade (below ground level) on all sides.
“Building” see "Structure"
"Cellar" has the same meaning as "Basement".
“Crawl Space” means an enclosed area beneath the lowest elevated floor, eighteen inches or more in height,
which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclos ed
area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent
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exterior grade. The enclosed crawl space area shall be properly vented to allow for the equalization of hydrostatic
forces which would be experienced during periods of flooding.
“Development” means any man-made change to improved or unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of
equipment or materials.
“Federal Emergency Management Agency” means the Federal agency that administers the National Flood
Insurance Program.
“Flood” or “Flooding” means a general and temporary condition of partial or complete inundation of normally
dry land areas from:
(l) the overflow of inland or tidal waters;
(2) the unusual and rapid accumulation or runoff of surface waters from any source.
"Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of
water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical
levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe
storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some
similarly unusual and unforeseeable event which results in flooding as defined in (1) above.
“Floodplain” or “flood prone area” means any land area susceptible to being inundated by water from any
source (see definition of "Flood").
“Floodproofing” means any combination of structural and non-structural additions, changes, or adjustments to
structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
“Historic structure” means any structure that is:
(1) listed individually in the National Register of Historic Places (a listing maintained by the
Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
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(2) certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district;
(3) individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of the Interior; or
(4) individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
(i) by an approved state program as determined by the Secretary of the Interior or
(ii) directly by the Secretary of the Interior in states without approved programs.
“Local Administrator” is the person appointed by the community to administer and implement this local law by
granting or denying development permits in accordance with its provisions.
“Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent
chassis and designed to be used with or without a permanent foundation when connected to the required utilities.
The term does not include a "Recreational vehicle"
“Person” includes any individual or group of individuals, corporation, partnership, association, or any other entity,
including State and local governments and agencies.
“Start of construction” includes substantial improvement and means the initiation, excluding planning and
design, of any phase of a project, physical alteration of the property, and shall include land preparation, such as
clearing, grading, and filling; installation of streets and/or walkways; excavation for a basement, footings, piers,
or foundations or the erection of temporary forms. It also includes the placement and/or installation on the
property of accessory buildings (garages, sheds), storage trailers, and building materials. For manufactured
homes the "actual start" means affixing of the manufactured home to its permanent site.
“Structure” means a walled and roofed building, including a gas or liquid storage tank that is principally above
ground, as well as a manufactured home.
“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure
before the damage occurred.
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“Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of
construction" of the improvement. The term includes structures which have incurred "substantial damage",
regardless of the actual repair work performed. The term does not, however, include either:
(1) any project for improvement of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living conditions; or
(2) any alteration of a "Historic structure", provided that the alteration will not preclude the
structure's continued designation as a "Historic structure".
“Variance” means a grant of relief by a community from the terms of a flood plain management regulation.
“Violation” means the failure of a structure or other development to be fully compliant with the community’s flood
plain management regulations.
SECTION 3.0
ADMINISTRATION
3.1 Permitting Official
The Code Enforcement Officer, hereinafter referred to as the “Local Administrator,” is responsible for receiving
applications, examining the plans and specifications and issuing permits for any proposed construction or
development.
3.2 Permit Requirements
No person shall erect, construct, enlarge, alter, repair, improve, move, or demolish any building or structure
without first obtaining a separate permit for each building or structure from the Local Administrator.
No man-made change to improved or unimproved real estate, including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation or drilling operations, shall be commenced until
a separate permit has been obtained from the Local Administrator for each change.
No manufactured home shall be placed on improved or unimproved real estate without first obtaining a separate
permit for each mobile home from the Local Administrator.
3.3 Application
To obtain a permit, the applicant shall first file a permit application on a form furnished for that purpose. The form
must be completed and submitted to the Local Administrator before the issuance of a permit will be considered.
3.4 Permitting Procedures
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(1) As part of the issuance of any permit, the Local Administrator shall require any measures which
are necessary to meet the minimum requirements of this document.
(2) The Local Administrator shall review any proposed development to assure that all necessary
permits have been received from those governmental agencies from which approval is required by
Federal or State law, including Section 404 of the Federal Water Pollution Control Act
Amendments of 1972, 33 U.S.C. 1334.
(3) The Local Administrator shall review all permit applications to determine whether proposed
building sites will be reasonably safe from flooding. If a proposed building site is in a flood prone
area, all new construction and substantial improvements (including the placement of prefabricated
buildings and mobile homes) shall be referred to the Planning Board for Site Plan Review pursuant
to Article 17 of the Zoning Law. The Local Administrator shall further require that all such new
construction: (i) be designed (or modified) and adequately anchored to prevent flotation, collapse,
or lateral movement of the structure, (ii) be constructed with materials and utility equipment
resistant to flood damage and (iii) be constructed by methods and practices that minimize flood
damage;
(4) The Planning Board shall review subdivision proposals pursuant to Article 18 of the Zoning Law,
and other proposed new development pursuant to Article 17 of the Zoning Law, to determine
whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other
proposed new development is in a flood prone area, any such proposals shall be reviewed to assure
that (i) all such proposals are consistent with the need to minimize flood damage within the flood
prone area, (ii) all public utilities and facilities, such as sewer, gas, electrical, and water systems
are located and constructed to minimize or eliminate flood damage, and (iii) adequate drainage is
provided to reduce exposure to flood hazards;
(5) The Local Administrator shall require within flood prone areas new and replacement water supply
systems to be designed to minimize or eliminate infiltration of flood waters into the systems; and
(6) The Local Administrator shall require within fl ood prone areas (i) new and replacement sanitary
sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems
and discharges from the systems into flood waters and (ii) onsite waste disposal systems to be
located to avoid impairment to them or contamination from them during flooding.
SECTION 4.0
REVIEW AND VARIANCE PROCEDURE
4.1 Review Procedure
(l) In areas where flooding may be a concern, property owners shall apply to the Village’s Planning
Board for review in accordance with the procedures set forth in Articles 17 (for Site Plan Review)
and 18 (for Subdivision Approval) of the Zoning Law. As part of this review, the Planning Board
shall hear and decide requests for modifications of the requirements of this local law.
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(2) In passing upon such applications, the Planning Board shall consider all technical evaluations, all
relevant factors, standards specified in other sections of this local law and:
(i) the danger that materials may be swept onto other lands to the injury of others;
(ii) the danger to life and property due to flooding or erosion damage;
(iii) the susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owner;
(iv) the importance of the services provided by the proposed facility to the community;
(v) the necessity to the facility of a waterfront location, where applicable;
(vi) the availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
(vii) the compatibility of the proposed use with existing and anticipated development;
(viii) the relationship of the proposed use to the comprehensive plan and floodplain
management program of that area;
(ix) the safety of access to the property in times of flood for ordinary and emergency vehicles;
(x) the costs to local governments and the dangers associated with conducting search and
rescue operations during periods of flooding;
(xi) the expected heights, velocity, duration, rate of rise and sediment transport of the flood
waters and the effects of wave action, if applicable, expected at the site; and
(xii) the costs of providing governmental services during and after flood conditions, including
search and rescue operations, maintenance and repair of public utilities and facilities such as
sewer, gas, electrical, and water systems and streets and bridges.
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(3) Upon consideration of the factors of Section 4.l(2) and the purposes of this local law, the
Planning Board may attach such conditions to the granting of Site Plan or Subdivision Approval
as it deems necessary to further the purposes of this local law.
(4) The Local Administrator shall maintain the records of all Site Plan and Subdivision review
applications, including technical information and report any modifications to the Federal
Emergency Management Agency upon request.
4.2 Appeals and Conditions for Variances
(1) Appeals
The Village’s Zoning Board of Appeals shall hear and decide appeals and requests for variances
from the requirements of this local law in accordance with the procedures set forth in Article 20
of the Zoning Law. The Zoning Board of Appeals shall hear and decide appeals when it is
alleged there is an error in any requirement, decision, or determination made by the Local
Administrator in the enforcement or administration of this local law.
(2) Variances to this Local Law shall be based upon a hardship that runs with the land and shall not be
issued for economic or other personal hardships.
(3) (i) Variances shall be issued upon (a) a showing of good and sufficient cause, (b) a determination
that failure to grant the variance would result in significant hardship, and (c) a determination that
the variance will not result in increased flood risks, create nuisances, cause fraud or victimization
of the public or conflict with existing local laws and ordinances.
(ii) Variances to this Local Law shall be consistent with requirements for variances to other Local
and State law, code or regulation.
(4) Those aggrieved by a decision of the Planning Board or the Zoning Board of Appeals may appeal
such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.
Motion: Trustee Biloski
Second: Trustee McMurry
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
c. Vote on Proposed Local Law C-2018 (Exhibit 2019-030)
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The Public Hearing was conducted at the May 2018 Board Meeting. The vote was invalidated because the Village
failed to notify the County under MGL 239. The County did respond after the May 2018 meeting with no
comment.
Resolution # 8244
BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees adopts Proposed LL C-2018 -to
amend the Village of Cayuga Heights Zoning Law Section 6.2.B.1 as Local Law # 3 of 2018.
VILLAGE OF CAYUGA HEIGHTS
LOCAL LAW 3 OF THE YEAR 2018
A LOCAL LAW TO AMEND
THE VILLAGE OF CAYUGA HEIGHTS ZONING LAW
SECTION 6.2.B.1, PERMITTED PRINCIPAL USES
IN THE MULTIPLE HOUSING ZONE
Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows:
SECTION I PURPOSE AND INTENT
It is the intent of this Local Law to correct, revise and clarify the limits imposed on the occupancy of dwelling
units in buildings that contain three (3) or more dwelling units located in the Village’s Multifamily Housing Zone.
The purpose of this Local Law is to delete and replace the text of Section 6.2.B.1 of the Zoning Law (the “Zoning
Law”) of the Village of Cayuga Heights (the “Village”).
SECTION II AUTHORITY
This Local Law is enacted pursuant to the grant of powers to local governments provided in Section 10 of the
Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provision of the New York
State Constitution and 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.
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SECTION III AMENDMENT OF ZONING LAW ARTICLE 6, SECTION 6.2.B.1
A. The current text of Zoning Law Article 6, Section 6.2.B.1 is hereby deleted in its entirety, and such text is
hereby replaced with the following text:
§ 6.2.B.1 Buildings containing three (3) or more dwelling units, with
a. Any dwelling unit to contain no more than four (4) bedrooms, and
b. Any dwelling unit to be occupied by:
i. One (1) family, or
ii. In the case of any dwelling unit in such buildings that contains one (1) bedroom, up to
two (2) unrelated occupants, or
iii. In the case of any dwelling unit in such buildings that contains two (2) bedrooms, up
to four (4) unrelated occupants, or
iv. In the case of any dwelling unit in such buildings that contains three (3) bedrooms, up
to six (6) unrelated occupants, or
v. In the case of any dwelling unit in such buildings that contains four (4) bedrooms, up to
eight (8) unrelated occupants.
SECTION IV SUPERSEDING EFFECT
All Local Laws, Articles, 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. Without limiting the foregoing, to any extent that the terms of the Zoning Law of the Village
of Cayuga Heights are deemed to be in conflict with the requirements of this Local Law, the terms of this Local
Law shall govern and control.
SECTION V PARTIAL INVALIDITY.
In the event that any portion of this Local Law is declared invalid by a court of competent jurisdiction, the
validity of the remaining portions shall not be affected by such declaration of invalidity.
SECTION 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.
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Motion: Trustee Robinson
Second: Trustee Marshall
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
d. Vote on Proposed Local Law D-2018 (Exhibit 2019-031)
The Public Hearing was conducted at the May Board Meeting. The vote was invalidated because the Village
failed to notify the County under MGL 239. The County did respond after the May meeting with no comment.
RESOLUTION # 8245
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees adopts Proposed Local Law D as
Local Law #4 of 2018
VILLAGE OF CAYUGA HEIGHTS
LOCAL LAW 4 OF THE YEAR 2018
A LOCAL LAW TO AMEND
THE VILLAGE OF CAYUGA HEIGHTS ZONING LAW
SECTIONS 17.4.E.1, 19.4.E.1 AND 20.3.C.1
IN REGARD TO THE REQUIREMENTS FOR
MAILING OF NOTICES OF PUBLIC HEARINGS FOR, RESPECTIVELY,
SITE PLAN REVIEW, SPECIAL USE PERMITS AND
ZONING BOARD OF APPEALS APPLICATIONS
Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows:
SECTION I PURPOSE AND INTENT
It is the intent of this Local Law to revise the requirements for the mailing of notices of certain public hearings, as
set forth in the Zoning Law (the “Zoning Law”) of the Village of Cayuga Heights (the “Village”). The Village’s
new Zoning Law, adopted as of February 6, 2018, added a requirement that notices of public hearings for site plan
review, special use permits, and Zoning Board of Appeals applications must be mailed by certified mail, return
receipt requested, with the return receipts provided to the relevant Board in advance of the hearing. The Village’s
Board of Trustees has determined that these requirements result in an unnecessary burden on the Village, both in
terms of cost of such mailings and the time required to complete such mailings. The purpose of this Local Law is
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to eliminate these requirements by deleting the last sentence of each of Zoning Law Sections 17.4.E.1, 19.4.E.1
and 20.3.C.1.
SECTION II AUTHORITY
This Local Law is enacted pursuant to the grant of powers to local governments provided in Section 10 of the
Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provision of the New York
State Constitution and not inconsistent with any general law relating to its property, affairs, government or other
subjects provided for in said Section 10 of the Municipal home Rule Law.
SECTION III AMENDMENT OF ZONING LAW SECTIONS 17.4.E.1, 19.4.E.1 AND 20.3.C.1
The last sentence of each of Zoning Law Sections 17.4.E.1, 19.4.E.1 and 20.3.C.1, “Notices shall be mailed certified
mail, return receipt requested, and all return receipts shall be provided to the [Planning Board, in the case of Sections
17.4.E.1, 19.4.E.1, Zoning Board of Appeals, in the case of section 20.3.C.1] prior to the public hearing,” is hereby
deleted in its entirety.
SECTION IV SUPERSEDING EFFECT
All Local Laws, Articles, 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. Without limiting the foregoing, to any extent that the terms of the Zoning Law of the Village
of Cayuga Heights are deemed to be in conflict with the requirements of this Local Law, the terms of this Local
Law shall govern and control.
SECTION V PARTIAL INVALIDITY.
In the event that any portion of this Local Law is declared invalid by a court of competent jurisdiction, the
validity of the remaining portions shall not be affected by such declaration of invalidity.
SECTION 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.
Motion: Trustee Salton
Second: Trustee Friend
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
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Motion carried
e. Zoning Amendment:
The Board discussed drafting language to define what brush is classified as firewood in the zoning law, but no
action was taken.
f. WWTP Resolution with GHD:
This is the design services proposal for phase II of the Headworks project.
RESOLUTION # 8246
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes Mayor
Woodard to sign a contract with GHD for the design phase of the Headworks project not to exceed $130,000.00
Motion: Trustee Robinson
Second: Trustee Marshall
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
g. Trustee Pay:
In the 2018-2019 fiscal year, the Board agreed to compensate the Trustees an annual amount of $3500.00.
RESOLUTION # 8247
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes Mayor
Woodard to establish the Trustee pay schedule as the first pay period in July and the first pay period in January.
The total amount split between the two periods is $1750.00.
Motion: Trustee Robinson
Second: Trustee Salton
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
h. Police Contract: June 1, 2018 to May 31, 2023
RESOLUTION # 8248
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes Mayor
Woodard to sign the new Village of Cayuga Heights PBA contract commencing on June 1, 2018 through May 31,
2023.
Motion: Trustee Salton
Second: Trustee Friend
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Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
i. The fence on the corner of Hanshaw Rd. & Forest.
At the time the fence was installed, any fence less than 4’ in height was not subject to a permit. The property is
being sold and the buyers attorney has requested the Village grant a license to allow the fence to remain on
Village property.
RESOLUTION # 8249
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and grants the license to
allow the 4 ft. fence to remain in the Village Right of Way located at 725 Hanshaw Road.
Motion: Trustee Salton
Second: Trustee Robinson
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
j. Tree Inventory Resolution:
Andre Bensadoun, the Village Forester, would like to submit a Tree Inventory grant application on the Village’s
behalf.
RESOLUTION # 8250
WHEREAS, the Village of Cayuga Heights Forester; Mr. Andre Bensadoun, on behalf of the Village of Cayuga
Heights is applying to the New York State Department of Environmental Conservation for a project grant under
the Urban and Community Forestry Program to be located in the Village of Cayuga heights NY 14850, a site
located within the territorial jurisdiction of this Board;
NOW, THEREFORE, be it resolved that the Board of Trustees of the Village of Cayuga Heights hereby does
approve and endorse the application of Village Forester, Mr. André Bensadoun for a grant under the Urban and
Community Forestry Program for a project known as “Village of Cayuga heights Tree inventory and Community
Forest Management Plan” and located within this community.
Motion: Trustee McMurry
Second: Trustee Salton
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
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Mayor Woodard would like to add Trustee Marshall to the Shade Tree Committee
RESOLUTION # 8251
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes the Mayor
to appoint Trustee Marshall to the Shade Tree Advisory Committee.
Motion: Trustee Salton
Second: Trustee Robinson
Ayes: Mayor Woodard; Trustees: Biloski, Friend, McMurry, Robinson and Salton
Nays: none
Abstentions: Marshall
Motion carried
k. Chickens: Tabled
l. NYSEG Confidentiality and Assurance Agreement: (Exhibit 2019-034)
The Board has to sign this agreement in order to find out what the buyout will be for the Village street lights.
RESOLUTION # 8252
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes Mayor
Woodard to sign the confidentiality agreement with NYSEG as written.
Motion: Trustee Friend
Second: Trustee Marshall
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Trustee Salton exits the meeting at 8:24 p.m.
Motion carried
6. Report of the Trustees:
a. Tap Resolution: (Exhibit 2019-036)
RESOLUTION # 8253
TRANSPORTATION ALTERNATIVES PROGRAM MATCH ASSURANCE
WHEREAS, the Village of Cayuga Heights has long recognized the need to reduce the number of vehicles on
Village streets and create a more pedestrian and bicycle friendly environment; and
WHEREAS, the Village is also concerned with ensuring the safety of Village pedestrians including children
attending Cayuga Heights Elementary School, Boynton Middle School, and Ithaca High School; and
WHEREAS, The New York State Department of Transportation is making funding available to support bicycle,
pedestrian, multi-use path and non-motorized transportation-related projects as well as programs and projects that
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reduce congestion and improve air quality through the State through the Transportation Alternatives Pro gram
(TAP); and
WHEREAS, the TAP program provides reimbursement of up to 80 percent of project-related costs with the
remaining 20 percent provided by project sponsors; and
WHEREAS, the Village wishes to apply for TAP funding to support the construction of new sidewalks along
Kline Road (from Highland Road to Cayuga Heights Road) and Wyckoff Road (from Cayuga Heights Road to the
entrance to Lakeview Cemetery) and to improve the pathways within the cemetery, which project has been named
Walking Safe: Cayuga Heights; and
WHEREAS, the Village estimates the total project cost to be $640,000;
NOW, THEREFORE, BE IT RESOLVED THAT, the Village of Cayuga Heights Board of Trustees does
hereby resolve to apply for TAP funding for the Walking Safe: Cayuga Heights project and commits to meet the
project match requirement by providing funding in the amount of $128,000 through a combination of in-kind
services and direct financial contributions.
Motion: Trustee Marshall
Second: Trustee Friend
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, and Robinson
Nays: none
Abstentions: none
Motion carried
Trustee Salton returned at 8:35 p.m.
b. Parking in the Right of Way: (Exhibit 2019- 035)
Trustee Robinson would like to open a discussion on what is permitted in the Right of Way (ROW). Submitted
Photos.
•Parking in the ROW has been an issue for many years. Now residents are placing obstacles in the ROW to
prevent parking in the ROW.
•Granite curbing would solve the problem but is not affordable.
•Mayor Woodard is in favor in modifying the current law and prohibit parking in the ROW all together.
•The Board agreed to have the Police department issue warning tickets to those illegally parking in the ROW.
The next Village E-news blast will have a section devoted to this issue.
•There is a section in the property maintenance zoning code that makes the property owners responsible for
maintaining the ROW.
c. Chickens: The Board opens the discussion of creating a law to allow chickens in the Village.
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•Mayor Woodard proposes the Village allow chickens, but the owners must inform the neighbors, and
chickens should be allowed to have free range in the back yard.
RESOLUTION # 8254
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes the scheduling of a
public hearing on the propose LL-G of 2018, allow the keeping of chickens in the Village. The hearing is
scheduled for August 21, 2018 at 7:00 p.m.
Motion: Trustee McMurry
Second: Trustee Robinson
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
7. Report of Sergeant Wright: Submitted Report (Exhibit 2019-037)
•No questions from the Board
8. Report of Assistant Superintendent of Public Works Wiese: Submitted Report (Exhibit 2019-038)
a. No Parking on W. Remington Road.
•There is no real safe place to park on W. Remington Rd.
•The Village will need to schedule a Public Hearing to pass a local law prohibit parking on W. Remington
Rd.
b. Drainage issues have been the biggest issues this month, there are sinkholes are showing up everywhere.
9. Report of Superintendent of Public Works Cross:
•There have been a lot of political signs showing up in the Village right of way. B. Cross will not have time to
remove them.
•The subject of portable sheds, B. Cross believes it was left out of the current zoning law. He will report on
what he finds out at the next Board meeting.
9. Report of the Treasurer Mangione: Submitted Reports (Exhibit 2019-039)
• Treasurer Mangione has started reducing her work hours to 30 per week.
Approval of Year End Budget Modifications:
RESOLUTION # 8255
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BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes the
Treasurer to make final budget modifications as necessary to bring any overdrawn expenditure accounts to zero.
Motion: Trustee Salton
Second: Trustee Robinson
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
June Abstracts:
RESOLUTION # 8256
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves Abstract #13 for
FYE2018 consisting of TA vouchers 135 - 142 in the amount of $2,905.11 and Consolidated Fund vouchers 969 -
1040 in the amount of $372,434.80 and the Treasurer is instructed to make payments thereon.
Motion: Trustee Salton
Second: Trustee Robinson
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
RESOLUTION # 8257
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves Abstract #1 for
FYE2019 consisting of TA voucher 1 in the amount of $14,012.58 and Consolidated Fund vouchers 1 - 25 in the
amount of $332,126.54 and the Treasurer is instructed to make payments thereon.
Motion: Trustee Salton
Second: Trustee Friend
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
10. Report of Clerk Walker: Submitted Report. (Exhibit 2019-40,41)
Clerk Walker was absent from this meeting.
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11. Report of Attorney Marcus: The Board should authorize the Mayor to sign a temporary easement to install a
50-foot section on sidewalk on the west side of Lake Street for the pedestrian sidewalk.
RESOLUTION # 8258
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves and authorizes Mayor
Woodard to sign a temporary easement with the Town of Ithaca to install pedestrian sidewalk over a culvert on
west side of Lake Street.
Motion: Trustee McMurry
Second: Trustee Friend
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
12. Executive Session:
Resolution # 8259
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees enter into Executive Session for
the purpose of discussing the medical, financial, credit or employment history of a particular person or
corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension,
dismissal or removal of a particular person or corporation.
The recording was stopped, No record of who made the motions
Motion: Trustee
Second: Trustee
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
Resolution # 8260
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees exit from Executive Session and
return to the open meeting.
Motion: Trustee
Second: Trustee
Ayes: Mayor Woodard; Trustees: Biloski, Friend, Marshall, McMurry, Robinson and Salton
Nays: none
Abstentions: none
Motion carried
13. Adjournment ?
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