Weedsport, New York



A Regular meeting and Public Hearing were held on Wednesday, June 11, 2014 at 5:30 p.m. in the Village Hall, 8892 South St., Weedsport. NY.Present were:Mayor Jean B. SaroodisTrustees: Lukins (5:45), Perkins, Sims, HinmanAlso present: Kari Terwilliger, Rima Shamieh; Cayuga County Planning, Diane Scheufele, Treasurer; Jim Saroodis, Superintendent; Glyn Fritsch, Candace Duprey, David James, and Tom Winslow, Fire Chiefs; Lisa Sadlik, Kara Sadlik, Brad Henderson, John Abraham, T/V Planning, Susan Lamphere, ClerkCAYUGA COUNTY PLANNING BOARDNEW YORK STATE MAIN STREET PROGRAMKari Terwilliger and Rima Shamieh with Cayuga County Planning Department were present to go over the Main Street Administrative Plan and Program Guidelines with Board members and answer any questions. The Village of Weedsport is applying for $250,000 in financial assistance through the 2014 Consolidated Funding Application (CFA) with the New York Main Street Program. Funding is to assist property owners to complete building renovations to downtown buildings within a contiguous three block target area. Board members had questions regarding sidewalks and curbing in the plan. Ms. Terwilliger stated that the standards mentioned in the Plan would be adopted as village policy. The Village Law would supersede the plan if needed.Lisa Sadlik introduced herself, Kara Sadlik, and Brad Henderson. Kara Sadlik and Brad Henderson informed the Board they were very interested in the Revitalization Committee and the work they are doing to improve downtown, and asked if they could sit in on future meetings or serve on the Committee. Ms. Terwilliger stated the work on the plan has been completed, however implementing the plan will start now. Applications will be sent to Kara Sadlik and Brad Henderson. Ms. Terwilliger and Ms. Shamieh left the meeting at 6:00 p.m.CUDDY AND WARD – AUDIT 2013-2014Cuddy and Ward audited the financial statements of the Village of Weedsport for the year ended February 28, 2014. Mr. Ward reported in his opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, and that no significant difficulties were encountered in dealing with management in performing and completing their audit.Mayor Saroodis opened the Regular meeting at 6:40 p.m. with the Pledge to the Flag.The Public Hearing was opened by Mayor Saroodis to hear comments on the following proposed Local Laws.LOCAL LAW 1-2014 DANGEROUS DOG LAWLOCAL LAW 2-2014 ANIMAL LAW AMENDMENTLOCAL LAW 3-2014 ZONING AMENDMENT (CELL TOWERS)After a brief discussion on the Laws Mayor Saroodis left the Hearing open in case anyone showed up later in the meeting to be heard. No one present at this time had any comments for or against the laws.MINUTESTrustee Perkins made the motion, seconded by Trustee Lukins to approve the minutes from the May 14, 2014 meeting.Reso# 69-2014CORRESPONDENCE:CCAV – Fair Haven Steak Bake – Speaker is Warren Albrecht, Cayuga Co. Water & Sewer Authority and Michele Baines, O’Brien & Geer – will talk on Sewer District #2 in Fair Haven and SterlingJim Sullivan – resignation from Town of Brutus/Village of Weedsport Planning Board, letter of regret will be sentTown of Brutus minutes May 5th , May 8th , and May 19th Cordia Communications – Bankruptcy NoticeBill Reynolds Family – Regarding banners hanging downtown – Board discussed Reynolds concern in hanging banners rather than flagsTony Bui, Jr. – Letter of apology for damage at Trolley ParkNYS Urban Forestry – ReLeaf Conference – July 17-19, Hempstead, NYCayuga County Planning Board – Emerson Park Master PlanTown of Brutus - Letter of support for Main Street ProgramCayuga County Homsite – Funds to rehabilitate residential homesNorthern Border Regional Commission – Grant Funds AvailabilityE&V Energy – Generac Automatic GeneratorsTime Warner Cable – programming changesNYCOM – Comments requested on Pending Time Warner/Comcast MergerThank you from Weedsport Garden Club – PlanterA motion was made by Trustee Perkins, seconded by Trustee Sims, all ayes to pass the following Resolution:Resolution by the Village of Weedsport Board of Trustees (“Village Board”) approving and endorsing its application to NYS Homes and Community Renewal for funding under the New York Main Street Program, adopting design guidelines for the Weedsport Main Street Program Target Area, adopting streetscape standards for the downtown area and authorizing the Village Mayor to sign a commitment letter indicating the availability of administrative funds for program implementation. WHEREAS, the Village Board desires to apply for $250,000 in financial assistance through the 2014 Consolidated Funding Application (CFA) under the New York Main Street Program; andWHEREAS, the application proposes funding to assist property owners to complete building renovations to downtown buildings within a contiguous three block area along North Seneca Street between Franklin Street to the north and E. Brutus Street to the south; South Seneca Street between East Brutus Street to the north to just past Furnace Street to the south; extending east on Furnace Street for a few parcels and east on East Brutus Street, terminating before South Street; andWHEREAS, the proposed funding will contribute to ongoing economic and community revitalization efforts such as improving commercial spaces, improving access to quality affordable housing, attracting visitors, and enhancing the visual and historic character of the downtown area; and WHEREAS, the grant application requires that the Village Board pass a formal resolution supporting the 2014 application to the New York Main Street Program; andWHEREAS, the Weedsport Downtown Revitalization Committee (“Committee”), in order to help create a cohesive and historically sensitive visual character for downtown, has worked diligently to create a design guideline policy for the Village which includes recommendations for all property owners and required standards for property owners participating in the Weedsport Main Street Program; and WHEREAS, the Committee, in order to create a downtown area that is safer, more inviting and easily navigable by people of all abilities and all modes of travel, has worked diligently to develop streetscape standards for streetscape improvements that will support the revitalization efforts of the community; andWHEREAS, administrative support from the Village of Weedsport shall be necessary and essential to the successful implementation of the Main Street Program; and now, therefore, BE IT RESOLVED, that the Village Board approves and endorses the 2014 Weedsport Main Street Program application prepared by the Cayuga County Department of Planning and Economic Development and to be submitted by the Village Mayor; andBE IT FURTHER RESOLVED, that the Village Board hereby adopts the proposed Village of Weedsport Downtown Development Design Guidelines: A Design Manual for Main Street Program Applicants and New Construction Projects Draft June 5, 2014; and BE IT FURTHER RESOLVED, that the Village Board hereby adopts the proposed Village of Weedsport Streetscape Standards Plan and Policy Draft June 5, 2014; andBE IT FURTHER RESOLVED, that the Village Mayor is hereby authorized and directed to sign a commitment letter to be submitted with the 2014 CFA grant application, which outlines the administrative funding that the Village will dedicate to the implementation of the Main Street Program in 2015 and 2016; and BE IT FURTHER RESOLVED, that this resolution shall take effect immediately.Passed by the following vote of a quorum of Village Board members:Affirmative: #__5___Negative:#__0___Abstain:#__0___A commitment letter will be sent to provide the necessary administrative support in order to meet its program obligations in a timely manner.Roll Call:Trustee PerkinsayeTrustee SimsayeTrustee LukinsayeTrustee HinmanayeMayor SaroodisayeReso#70 - 2014COMPLETE STREETS GRANTCREATING HEALTHY PLACES TO LIVE, WORK AND PLAY PROGRAMThe Village is eligible to receive a grant for $2,000. from Sabrina Hesford, County Health Department. This money could be used to install or re-strip crosswalks and put in bike lanes on Route 31. Discussions have been held with Chris Covert, NYSDOT as the crosswalks and bike lanes are on state roads. County Planning will continue to work with the State and this will be addressed again when everything is worked out.REPORTS:FIRE DEPARTMENTChief James reported on the apparatus and equipment condition. Trustee Lukins asked if letters could be sent to our Representatives to seek grant money to replace the tires on the Quint, Engine and Rescue. Federal guidelines require tires on these vehicles be replaced every 10 years when the expiration is up. The vehicles have low mileage and are housed inside, there is nothing wrong with the tires, and it puts a financial burden on the departments to replace them. The cost for replacement of tires for these three vehicles is estimated at $5,000. Superintendent Saroodis will get prices for the tires and letters will be sent to Assemblyman Robert Oaks and Senator DeFrancisco.AMBULANCE SERVICEA Special Meeting will be held at a future date to gather additional information on an Ambulance Service Agreement with another entity. Requests for Proposals will be advertised as soon as information has been compiled for the direction agreed upon to follow. The Board, Matthew Smokoski, and Fire Department will set a Special Meeting to work on this.POLICEThe Board read the monthly report of calls. A letter will be sent to the Auxiliary police thanking them for their help during the Fireman’s Parade.JUDGEThe monthly Justice fines collected were $7,498.00.BUILDING INSPECTORThe Board reviewed the monthly Zoning Report submitted.SUPERINTENDENTThe Superintendent reported that street work would begin in June/July. Bore samples were taken on Green and Van Buren for reconstruction work. Streets are being marked for drainage/water valve/manholes and signage work to be done. Hydrants were flushed and tested. Superintendent Saroodis stated that Jeff Goodell is doing the work of the wastewater operator, and that he needs at least one full time person, and some days 2 full time people to take care of every aspect of the wastewater, water, sludge, compost, and the work orders that need to be completed.REPAIR PLUSStreet banners have been installed. Repair Plus loaned the village a two person man lift for a week to do the installations. Superintendent Saroodis asks the Board to purchase a banner with their name and not charge them for it as payment for the loan of equipment. Trustee Lukins approved to allow this purchase, second by Trustee Perkins, all present voted aye.TREE LIST – 2014 PROJECTED TREE WORKA listing of tree work to be done for both take down and trimming by priority for this year was provided to the Board. Letters will be sent to the homeowners in Priority One for take down.GROUT TECH – REPORT ON SEWER INSPECTIONGrout Tech reported on the television inspection they performed on the Village Sewer lines. Some issues were found and Superintendent Saroodis states they have been repaired.During this inspection, it was discovered that the sewer line in front of 8889 S. Seneca Street (Nino’s Pizzeria) was plugged with grease. It took forty-nine (49) DPW man hours, the fire truck to flush and 1/3 of the billable hours from Grout Tech to fix this plugged line. The Board agreed to bill Matt Bartollota for the charges to correct this plug due to his business dumping grease into the sewer system.SEWER MACHINETrustee Sims asked if the Village would be interested in co-purchasing a sewer machine with the Village of Port Byron. A new machine would be approximately $50,000, the Village of Weedsport would pay half, and the machine would be shared by both Municipalities. Mayor Saroodis stated this would be something to look into for next budget year.CLERKPLANNING BOARD ALTERNATEAdditional names were submitted to send letters to see if any interested people would serve as an Alternate on the Planning Board. Also, a replacement for the Board of Ethics is still being sought.HEALTHY PLACES TO LIVE, WORK AND PLAY PROGRAMCayuga County Planning Department informed the Board the Village is eligible to receive a mini-grant in the amount of $2,000 from Sabrina Hesford, County Health Department. The streetscape improvements would include restriping intersections on State Roads within the Village and installing a bike lane on both sides of Erie Drive. NYSDOT was contacted regarding State roads involved. They are requiring additional information before the work could be done. County Planning will contact Frank Gross and ask him to speak with Chris Covert, NYSDOT to resolve some of the issues before putting in for the funding.SPEEDWAY SEWERThe Clerk informed the Board that Carlos Ruiz, Civil Engineer with Milone & MacBroom is doing consultant work for the Speedway located in the Town of Brutus. The Speedway wishes to hook onto Village Sewer. Mr. Ruiz is gathering information at this time, and was provided water/sewer maps in the area of Jackson St. up to S. Willow St., and has been corresponding with Superintendent Saroodis regarding this issue. No formal request has been received from the Speedway. Mr. Ruiz was informed he would have to contact the Town of Brutus about forming a sewer district.PUBLIC HEARING CLOSEDMayor Saroodis noted that no one was present to be heard regarding any of the proposed Local Laws and the Hearing was closed on a motion by Trustee Hinman, second by Trustee Lukins, all ayes.LOCAL LAW 1-2014 DANGEROUS DOGSTrustee Hinman made the motion, second by Trustee Sims, all ayes to approve Local Law 1-2014 Dangerous Dogs. The following is a copy of this law.Reso# 71-2014VILLAGE OF WEEDSPORTLOCAL LAW NO. 1 OF 2014A Local Law to protect the health, safety and well-being of persons and property by imposing restrictions on the keeping and running at large of dangerous and vicious dogs within the Village of Weedsport.SECTION 1STATUTORY AUTHORIZATION AND PURPOSESection 1.1Title.This Local Law shall be known as the “Dangerous Dog Law of the Village of Weedsport.”Section 1.2 Purpose.It is the purpose of this Local Law to provide for the regulation of dangerous and vicious dogs, the control and protection of the dog population and the protection of persons, property, domestic animals and deer from dog attacks and damage. Section 1.3Statutory Authorization.This Local Law has been adopted pursuant to and in conformity with Article 7 of the Agricultural and Markets Law, Municipal Home Rule Law § 10 and the New York State Constitution. SECTION 2DEFINITIONSSection 2.1Definitions.As used in this Local Law, the following terms have the following respective meanings:“Animal Control Officer” means the Animal Control Office duly appointed by the Village Board. “Dog” means male and female, licensed and unlicensed, members of the species canis familiaris.“Owner” means the person entitled to claim lawful custody and possession of a dog who is responsible for purchasing the license for such dog unless the dog is or has been lost, and such loss was promptly reported to the Animal Control Officer and a reasonable search has been made. If a dog is not licensed, the term owner shall designate and cover any person or persons, firm, association or corporation, who or which at any time owns or has custody or control of, harbors, or is otherwise responsible for any dog which is kept, brought or comes within the Village. Any person owning or harboring a dog for a period of one (1) week prior to the filing of any complaint charging or alleging a violation of this Local Law shall be deemed to be the owner of any dog found to be in violation of this Local Law. If any such person shall be under 18 years of age at the time of such complaint, the head of the household in which said minor resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of said dog in violation of this Local Law.“Dangerous dog” shall have the definition set forth in Article 7 of the Agricultural and Markets Law, and as amended from time to time.“Vicious dog” means any dog which:Has caused death or serious injury to a person engaged in a lawful activity;Has, on two or more occasions within a twelve-month period, bitten without provocation a person engaged in a lawful activity;Has, on two or more occasions within a twelve-month period, while off the property of its owner and without provocation, killed or seriously injured another animal; orHas been trained for dog fighting or is owned or kept for the purpose of dog fighting.“Domestic animal” shall have the definition set forth in Article 7 of the Agricultural and Markets Law, and as amended from time to time.“Run at large” means to be in a public place or on private land without the knowledge, consent and approval of the owner of such lands.“Village” means the Village of Weedsport.Section 3RestrictionsSection 3.1Vicious Dogs.It shall be unlawful for any person to keep within the Village any vicious dog. Upon a finding that a dog is vicious, a court of competent jurisdiction may order the dog to be impounded and destroyed or to be removed from the Village.Section 3.2Dangerous Dogs.It shall be unlawful for any person to keep within the Village any dangerous dog, except in an enclosed kennel.Section 3.3Defense of domestic animals.If any dog shall attack any domestic animal, while such animal is in any place where it may lawfully be present, the owner or caretaker of such, or any other person witnessing such attack, may, for the purpose of preventing the killing or injury of such domestic animal, destroy such dog while so attacking, and no liability in damages or otherwise shall be incurred on account of such destruction.Section 3.4Insurance.Owners of a dangerous or vicious dog shall be required to obtain an insurance policy of no less than $250,000.00 insuring damage caused by an attack before they may apply or obtain a dog license from the Town of Brutus. Owners who do not obtain the required insurance before obtaining a license from the Village for a dangerous dog shall be fined $1,000.00 for the first offense, $3,500.00 for the second offense and $5,000.00 for any subsequent offenses.Section 3.5Reporting requirements.Persons owning, possessing or harboring dangerous or vicious dogs shall report the presence of such dangerous or vicious dogs pursuant to General Municipal Law § 209-cc.Section 3.6Presumptive Evidence.Establishment of the fact or facts that the owner of a dog has allowed or permitted such dog to commit any of the acts prohibited by this Section shall be presumptive evidence against the owner or harborer of such dog that he or she has failed to properly confine, leash or control his or her dog.Section 4COMPLAINTSSection 4.1Complaint upon attack.Any person, or in the case of a minor, an adult acting on behalf of such minor, may make a complaint of an attack or threatened upon a domestic animal to the Animal Control Officer. Such Officer shall immediately inform the complainant of his right to commence a proceeding as provided in Section 4.2, and, if there is reason to believe the dog is a dangerous or vicious dog, the Officer shall forthwith commence such proceeding himself.Section 4.2Adjudication.Any person, or in the case of a minor, an adult acting on behalf of such minor, may, and the Animal Control Officer shall, make a complaint under oath or affirmation to any municipal judge or justice of such attack or threatened attack. The judge or justice shall then immediately determine if there is probable cause to believe the dog is a dangerous or vicious dog and, if so, shall issue an order to the Animal Control Officer, peace officer, acting pursuant to his special duties, or police officer or sheriff, directing such officer to immediately seize such dog and hold the same pending judicial determination as herein provided. Whether or not the judge or justice finds there is probable cause for such seizure, he or she shall, within five days and upon written notice of not less than two days to the owner of the dog, hold a hearing on the complaint. The petitioner shall have the burden at such hearing to prove the dog is a dangerous or vicious dog by clear and convincing evidence. If satisfied that the dog is a dangerous dog, the judge or justice shall then order neutering or spaying of the dog, microchipping of the dog and one or more of the following as deemed appropriate under the circumstances and as deemed necessary for the protection of the public:Evaluation of the dog by a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert in the field and completion of training or other treatment as deemed appropriate by such expert. The owner of the dog shall be responsible for all costs associated with evaluations and training ordered under this section;Secure, humane confinement of the dog for a period of time and in a manner deemed appropriate by the court but in all instances in a manner designed to: (1) prevent escape of the dog, (2) protect the public from unauthorized contact with the dog, and (3) to protect the dog from the elements pursuant to section three hundred fifty-three-b of this chapter. Such confinement shall not include lengthy periods of tying or chaining;Restraint of the dog on a leash by an adult of at least twenty-one years of age whenever the dog is on public premises;Muzzling the dog whenever it is on public premises in a manner that will prevent it from biting any person or animal, but that shall not injure the dog or interfere with its vision or respiration; orMaintenance of a liability insurance policy in an amount determined by the court, but in no event in excess of one hundred thousand dollars for personal injury or death resulting from an attack by such dangerous dog.Section 4.3Destruction of dog.Upon a finding that a dog is dangerous, the judge or justice may order humane euthanasia or permanent confinement of the dog if one of the following aggravating circumstances is established at the judicial hearing held pursuant to subdivision two of this section:The dog, without justification, attacked a person causing serious physical injury or death;The dog has a known vicious propensity as evidenced by a previous unjustified attack on a person, which caused serious physical injury or death; orThe dog, without justification, caused serious physical injury or death to a companion animal, farm animal or domestic animal, and has, in the past two years, caused unjustified physical injury or death to a companion or farm animal as evidenced by a "dangerous dog" finding pursuant to the provisions of this section. An order of humane euthanasia shall not be carried out until expiration of the thirty day period provided for in subdivision five of this section for filing a notice of appeal, unless the owner of the dog has indicated to the judge in writing, his or her intention to waive his or her right to appeal. Upon filing of a notice of appeal, the order shall be automatically stayed pending the outcome of the appeal.Section 4.4Justification.A dog shall not be declared dangerous if the court determines the conduct of the dog:Was justified because the threat, injury or damage was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the dog or upon the property of the owner or custodian of the dog;Was justified because the injured, threatened or killed person was tormenting, abusing, assaulting or physically threatening the dog or its offspring, or has in the past tormented, abused, assaulted or physically threatened the dog or its offspring;Was justified because the dog was responding to pain or injury, or was protecting itself, its owner, custodian, or a member of its household, its kennels or its offspring; or Was justified because the injured, threatened or killed companion animal, farm animal or domestic animal was attacking or threatening to attack the dog or its offspring. Testimony of a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert shall be relevant to the court's determination as to whether the dog’s behavior was justified pursuant to the provisions of this subdivision.Section 4.5Appeals.The owner of a dog found to be a dangerous or vicious dog pursuant to this Local Law may appeal such determination, and/or the court’s order concerning disposition of the dog to the court having jurisdiction to hear civil appeals in the county where the dangerous or vicious dog finding was made. The owner shall commence such appeal by filing a notice of appeal with the appropriate court within thirty days of the final order pursuant to this section. Court rules governing civil appeals in the appropriate jurisdiction shall govern the appeal of a determination under this section. Upon filing a notice of appeal from an order of humane euthanasia pursuant to this section, such order shall be automatically stayed pending final determination of any appeal. In all other circumstances, the owner of the dog may make application to the court to issue a stay of disposition pending determination of the appeal.Section 4.6Confinement.In the event confinement is ordered pursuant to this Local Law, the owner shall confine the dog indoors or in an enclosed and locked pen or structure as provided for in the order. Such pen or enclosure shall have a secure top and sides and shall be designed to prevent an unauthorized entry of a person, the escape of the dog, and provide protection from the elements. If the owner fails to confine the dog as required by such order, the Animal Control Officer, peace officer, acting pursuant to his special duties, or police officer or sheriff shall destroy such dog on or off the premises of the owner.Section 5Procedure for Seizure of DogsSection 5.1Seizure.The Animal Control Officer or any peace officer shall seize any dangerous dog, vicious dog, or any other dog found in violation of this Local Law.Section 5.2Procedure for seizure.Any seizure or impoundment under this Local Law shall be conducted in conformity with Agriculture and Markets Law § 117, and as amended from time to time.Section 5.3Redemption.In addition to any penalties and fines set forth herein, upon the seizure of a dog by the Animal Control Officer for any violation of this Local Law, to redeem said dog the owner must furnish proof that the dog has been licensed, that the owner has met the insurance requirements of this Local Law, and must pay the impoundment fees set forth in the Dog Control Law of the Village of Weedsport.Section 5.4Exculpation.No action shall be maintained against the Village, any duly designated Animal Control Officer, or any other agent or office of the Village, to recover the possession or value of any dog, or for damages for injury or compensation for the destruction or adoption of any dog seized pursuant to this Local Law. Section 6PenaltiesSection 6.1Physical Injury.The owner of a dog who, through any act or omission, negligently permits his or her dog to bite a person, domestic animal, service dog, guide dog or hearing dog causing physical injury shall be subject to a civil penalty not to exceed four hundred dollars in addition to any other applicable penalties.Section 6.2Serious Physical Injury.The owner of a dog who, through any act or omission, negligently permits his or her dog to bite a person, domestic animal, service dog, guide dog or hearing dog causing serious physical injury shall be subject to a civil penalty not to exceed one thousand five hundred dollars in addition to any other applicable penalties. Any such penalty may be reduced by any amount which is paid as restitution by the owner of the dog to the person or persons suffering serious physical injury as compensation for unreimbursed medical expenses, lost earnings and other damages resulting from such injury to such person or persons, or their domestic animal, service dog, guide dog or hearing dog.?Section 6.3Subsequent Violations.The owner of a dog who, through any act or omission, negligently permits his or her dog, which had previously been determined to be dangerous or vicious pursuant to this article, to bite a person, domestic animal, service dog, guide dog or hearing dog, causing serious physical injury, shall be guilty of a misdemeanor punishable by a fine of not more than three thousand dollars, or by a period of imprisonment not to exceed ninety days, or by both such fine and imprisonment in addition to any other applicable penalties. Any such fine may be reduced by any amount which is paid as restitution by the owner of the dog to the person or persons suffering serious physical injury as compensation for unreimbursed medical expenses, lost earnings and other damages resulting from such injury to such person or persons, or their domestic animal, service dog, guide dog or hearing dog.Section 6.4Death of person.If any dog, which had previously been determined by a judge or justice to be a dangerous or vicious dog, shall without justification kill or cause the death of any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, regardless of whether such dog escapes without fault of the owner, the owner shall be guilty of a class A misdemeanor in addition to any other penalties.Section 6.5Strict liability.The owner or lawful custodian of a dangerous dog shall, except in the circumstances enumerated in Section 4.4 and Section 6.6 of this Local Law, be strictly liable for medical costs resulting from injury caused by such dog to a person, companion animal, farm animal, service dog, guide dog, hearing dog or domestic animal.Section 6.6Self-defense.The owner shall not be liable pursuant to Sections 6.1, 6.2, 6.3, 6.4 or 6.5 if the dog was coming to the aid or defense of a person during the commission or attempted commission of a murder, robbery, burglary, arson, rape in the first degree as defined in subdivision one or two of section 130.35 of the penal law, criminal sexual act in the first degree as defined in subdivision one or two of section 130.50 of the penal law or kidnapping within the dwelling or upon the real property of the owner of the dog and the dog injured or killed the person committing such criminal activity.Section 6.7Common law.Nothing contained herein shall limit or abrogate any claim or cause or action under common law or by statute. The provisions of this section shall be in addition to such common law and statutory remedies.Section 6.8Public health, rabies.Nothing contained herein shall restrict the rights and powers derived from the provisions of Title IV, Article 21, of the New York Public Health Law relating to rabies and any rule and regulation adopted pursuant thereto.Section 6.9Fees for Seizure of Dogs.In addition to any penalties and fines set forth herein, the fee for seizure and impoundment of dogs in violation of this Local Law, any provision of the Agriculture and Markets Law, or any rule or regulation adopted or promulgated by the Department of Agriculture and Markets are as follows: First Offense:The fee shall be the actual impoundment and euthanasia fees incurred by the Village for such service for each animal.Second Offense:$60.00 plus the actual impoundment and euthanasia fees incurred by the Village for such service for each animal.SECTION 7MISCELLANEOUSSection 7.1Separability.If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances and the Village of Weedsport, by its Village Board, hereby declares that it would have enacted this Local Law or the remainder thereof had the invalidity of such provision or application thereof been apparent.Section 7.2Headings.Section headings are used only for convenience and have no meaning or effect.Section 7.3Repealer.This Local Law shall supersede all prior Local Laws, Ordinances, Rules and Regulations relative to the control of dangerous dogs within the Village, and they shall, upon the effectiveness of this Local Law, be null and void.Section 7.4Interpretation.In their interpretation and application, the provisions of this Local Law shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this Local Law are at variance with the requirements of any other lawfully adopted, rules, regulations, ordinances, or local laws, the most restrictive, or that imposing the higher standards, shall govern.Section 7.5Incorporation of Provisions into the Village Code.The provisions of this Local Law are hereby made Chapter 52 of the Code of the Village of Weedsport, such local law to be entitled “Dangerous Dogs,” and the sections of this local law shall be numbered §§?52-1 to 52-29, inclusive.Section 7.6Effective Date.This Local Law shall become effective upon the filing of same with the Secretary of State. LOCAL LAW 2-2014 ANIMAL LAW AMENDMENTTrustee Hinman made the motion, second by Trustee Sims, all ayes to approve the following law:Reso#72-2014 VILLAGE OF WEEDSPORTLOCAL LAW NO. 2 OF 2014 A Local Law to amend Chapter 19 of the Village Code governing animals in the Village and to protect the health, safety and wellbeing of persons and property by imposing restrictions on the keeping and running at large of animals within the Village of Weedsport. SECTION 1 STATUTORY AUTHORIZATION AND PURPOSESection 1.1 Title. This Local Law shall be known as “A local law amending the Animals Law of the Village of Weedsport.”Section 1.2 Purpose. It is the purpose of this Local Law to protect the health, safety and well being of person and property by imposing restrictions on the keeping and running at large of animals within the Village of Weedpsort.Section 1.3 Statutory Authorization. This Local Law has been adopted pursuant to and in conformity with Article 7 of the Agricultural and Markets Law, Municipal Home Rule Law §10 and the New York State Constitution.SECTION 2AMENDMENT OF CODEChapter 19 of the Code of the Village of Weedsport, known and cited as “Animals,” is hereby amended as follows:Section 2.1 §19-1 is hereby amended to add a new definition as set forth below:“KENNEL An establishment licensed to operate a facility housing dogs, cats, or other household pets and where grooming, breeding, boarding, training, or selling animals is conducted as a business.”Section 2.2 §19-2 is hereby amended to read as follows:The owner of any animal shall not allow such animal to become a public nuisance and is responsible as herein provided.No Kennel shall be permitted within the Village except within a Commercial or Industrial District as set defined in the Village of Weedsport Zoning Law.No dog kennel shall be constructed, kept or maintained: In the front or side yard of any dwelling. On the premises of any two-family dwelling or multiple dwelling or apartment house except with the permission of an owner of the premises who uses such premises as his actual residence and domicile.No resident of a single-family dwelling shall keep more than three (3) dogs in or on such premises.No resident of any two-family dwelling, multiple dwelling, townhouse or apartment house shall keep more than two (2) dogs in or on such premises.Section 2.3 § 19-3 is hereby amended to read as follows:No owner of any animal shall allow it to run at large in any of the streets or public places within the Village, or upon the premises of any other person other than the owner or keeper, unless the owner or occupant of such premises grants permission, and no animal shall be permitted in any public place or street within the Village unless it is effectively restrained by a leach or tether and unless it is attended by a person of adequate age and discretion to properly control its action.It shall be unlawful for any person to keep, permit to be kept, to exhibit, to temporarily hold or to breed any dangerous, wild, poisonous or venomous or vicious animal of any kind in the Village, including but not limited to alligators, bears, boa constrictors, vicious animals of the cat and dog family, coyotes, crocodiles, falcons, ferrets (with the exception of domesticated ferrets), foxes, hawks, possums, pythons, raccoons, reptiles, snakes, wolves, tame or un-tame lions, tigers, bears, snakes and reptiles.It shall be unlawful for any person to keep, permit to be kept, to exhibit, to temporarily hold or to breed any farm animals, including but not limited to horses, ponies, livestock, cattle, goats, sheep, pigs, mules, donkeys, chickens and other animals customarily kept on a farm, but not including common household pets.Section 2.4 § 19-6 is hereby amended to read as follow:A violation of this article shall be deemed an offense against the within article and shall be punishable as provided in Chapter 1, General Provisions, Article I, General Penalty, of the Code of the Village of Weedsport. Each separate occurrence may constitute a separate additional violation. The penalties herein mentioned are in addition to the penalties, restrictions, and regulations contained in Article 7 of the Agriculture and Markets Law, as now exists, or may later be amended. In addition or as an alternative to the above-provided penalties, the Board of Trustees may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.SECTION 3 MISCELLANEOUSSection 3.1 Separability. If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances and the Village of Weedsport, by its Village Board, hereby declares that it would have enacted this Local Law or the remainder thereof had the invalidity of such provision or application thereof been apparent.Section 3.2 Headings. Section headings are used only for convenience and have no meaning or effect.Section 3.3 Repealer. This Local Law shall supersede all prior Local Laws, Ordinances, Rules and Regulations relative to the control of animals within the Village, and they shall, upon the effectiveness of this Local Law, be null and void.Section 3.4 Interpretation, In their interpretation and application, the provisions of this Local Law shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this Local Law are at variance with the requirements of any other lawfully adopted, rules, regulations, ordinances, or local laws, the most restrictive, or that imposing the higher standards, shall govern.Section 3.5 Effective Date. This Local Law shall become effective upon the filing of same with the Secretary of State. LOCAL LAW 3-2014 ZONING AMENDMENT REGARDING “CELL TOWERS”No one present spoke for or against this proposed law. Trustee Lukins made the motion, second by Trustee Hinman, all ayes, to approve the Village of Weedsport as Lead Agency in this “Unlisted Action”. Copies of the proposed law have been sent to Cayuga County Planning. A SEQR form will be prepared by the Mayor and sent to the appropriate entities.Reso# 73-2014PROPOSED SUBDIVISION (Map# 83.06-1-13) STEVE NERATKO – 8884 S. WILLOW STREETThe Town of Brutus/Village of Weedsport Planning Board has requested if a right of way to maintain the Storm Sewers and manholes is on file and that any run-off associated with the storm drains should be taken into consideration in order to properly maintain any utilities. The Superintendent and Building Inspector will be contacted regarding these issues. A 10’ Storm sewer easement is on file with the Village for this property.SATISFACTION OF MORTGAGEThomas Higgins, 2603 W. Brutus Street has met the requirements of the HUND loan granted to him. Trustee Lukins made the motion, second by Trustee Perkins, all aye to approve sending a Satisfaction of Mortgage to Cayuga County to remove the Village of Weedsport as lien holder on this property.Reso#74- 2014TREASURERPAY BILLSTrustee Perkins made the motion, second by Trustee Sims, all ayes to approve payment of the following bills submitted:A Fund #121-164 totaling $33,811.57F Fund #51-68 totaling$18,940.29G Fund #52-67 totaling$12,973.51TA Fund #5 totaling $279.50Reso#75- 2014BUDGET AMENDMENT/TRANSFERSTrustee Lukins made the motion, second by Trustee Hinman all ayes to approve the following Budget Amendments and Transfers:Record receipt of insurance monies for damage to the 02 International truck and increase in expenditure:Debit:A2680Insurance Recoveries$4,188.38Credit:A5110.410Street Maintenance$4,188.38Court grant for $600 for office equipment. Scanner, fax machine, extra cartridge and copy paper will be purchased:Debit:A3089State Grants$600.00Credit:A1110.410Court-Grant Expenditures$600.00Reso#76- 2014EARTH PLANTER DONATIONEarthPlanter of Auburn has offered to donate a 32” planter to the village free of charge. Trustee Hinman made the motion, second by Trustee Perkins, all ayes to accept the Planter. It will be picked up by the DPW and placed at Trolley Park. Nancy Sweet will be contacted to see if she will plant the flowers in the planter when it arrives.Reso# 77-2014WATER RATES INCREASEThe Board discussed water rates and service charge increases. Last fiscal year the village had a net loss of $24,524 in the Water Fund. The Water Fund has a negative $(2,753) Fund Balance. The is the result of losing the Cottle Road/East Brutus St. Road (losing about $6,000 in service fee revenue) Increases in all expenses in the last few years including Town of Sennett water rates increasing three times since July 2012 Sennett’s water costs $3.2813/1,000 gallons. The village charges $3.80/1,000 gallons plus service charges of $20 for residential; $25 for commercial, and $30 for outside users. Service charges have not increased since 2005. Trustee Hinman made the motion, second by Trustee Lukins to raise the Service fee by $5.00 and the Sewer rate from $3.80/1,000 to $4.80/1,000.Roll call:Trustee HinmanayeTrustee LukinsayeTrustee SimsayeTrustee PerkinsnayeMayor SaroodisayeMotion passed these charges will begin with the August 2014 billing cycle. A Public Hearing will be held at the July 9, 2014 Board meeting.Reso#78 -2014OAKLAND STREET/ROADAt last month’s meeting it was brought to the attention of the Board that Oakland Street and Oakland Road was in dire need of rebuilding. The County Legislator was contacted in regards to this. Superintendent Saroodis stated that George Wethey said the County will use CHIPS money to shave the shoulder, regrind and pave from W. Brutus to the Village line.TIME WARNER/COMCAST MERGERThe Attorney will be asked to review the proposed merger of Comcast and Time Warner, and respond to the Public Service Commission regarding the merger.EXECUTIVE SESSIONTrustee Sims made the motion, second by Trustee Lukins all ayes to go into executive session at 8:40 p.m. to discuss a personnel issue. Present in session were: Mayor Saroodis, Trustees: Perkins, Lukins, Hinman, and Sims. Treasurer Diane Scheufele, Clerk Lamphere and Jim Saroodis, Superintendent.Reso#79- 2014Session ended at 8:55 p.m. and the regular meeting resumed on a motion by Trustee Hinman, second Trustee Sims, all aye.Reso#80- 2014 Trustee Lukins made the motion, second by Trustee Perkins that the Mayor will accept the resignation from DPW employee from the Village. If he does not resign/retire the Village will proceed with the June 26th hearing.Reso# 81-2014ADJOURNTrustee Hinman made the motion to adjourn the meeting at 9:00 p.m., Trustee Perkins seconded the motion, all voted aye.Susan LamphereVillage Clerk ................
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