PUBLIC HEARING
Village of East Syracuse
June 1, 2015
7:00PMRE:Amending Municipal Code §71 Licenses
Create §715 Garage Sales
RE: Local Law to amend Municipal Code creating new section §715 Garage Sales.
Mayor Robert T. Tackmancalled the Public Hearingregarding proposed changes to Municipal Code for §715 Garage Sales to order at 7PM.
Local Law No. 1 of 2015 reads as follows:
Village of East Syracuse
Part 71 Licenses
§715 – Garage Sales
§715.0Title and Purpose
This chapter shall be known and may be cited as the “Garage Sale Law of the Village of East Syracuse, New York”. This chapter is established to control and regulate the conducting of sales, commonly referred to as “garage sales” within the Village of East Syracuse in order to protect the public health, safety and convenience and to restrict sales to casual and/or occasional occurrences only in keeping with the character of the neighborhood where this activity is carried on. The further purpose of this chapter is to eliminate the perpetual, prolonged and extended garage sales.
§715.1Definitions
As used in this chapter, unless the context or subject matter otherwise requires:
Garage Sale Porch Sale, Tag Sale, Attic Sale, Barn Sale or Yard Sale (or a sale of a similar character, herein referred to as “garage sale”)
The sale of items of tangible personal property including but not limited to furniture, appliances, furnishings, clothing, bric-a-brac, antiques, toys, tools, and similar items used about a household or person in the normal course of living in or maintaining a residence.
§715.2Unlawful Activity
It shall be unlawful for any person to conduct a garage sale within the village except in accordance with the provisions of the chapter.
§715.3Days and Hours of Operation
A garage sale may be conducted for no more than three (3) consecutive days commencing no earlier than 8:00AM and conducting no later than 5:00PM. There shall be no more than three (3) garage sales at any one location during the calendar year.
§715.4Signs
§715.4 A.Not more than five (5) signs, each of which shall be no larger in size than two feet by two feet, may be used to advertise a garage sale. Such signs shall be displayed no earlier than 24 hours prior to the sale and shall be removed immediately after the sale is concluded.
§715.04 B.No sign or other display advertising the sale shall be placed on the public right-of-way.
§715.5Location
A garage sale may be conducted only on the property owned, leased, or rented by a person conducting the sale. Multiple-family sales are encouraged and permitted, provided that the sale is conducted on property owned, leased or rented by one of the participants.
§715.6Decorum; new or consigned merchandise; display of property
§715.6 A.The person(s) conducting a garage sale shall be responsible for the maintenance of good order and decorum on the property during the garage sale, and shall not permit the parking of motor vehicles on or about the public streets or such other premises which would impede the flow of vehicular traffic or obstruct or impede pedestrian traffic on the sidewalks of the village. No hawking or public address devices or system shall be permitted.
§715.6 B.No item purchased or acquired for resale or obtained on consignment may be offered for sale.
§715.6 C.Items offered for sale may only be displayed within the residence, in a garage or carport, in a yard, and not in any public right-of-way or elsewhere. All remaining items, tables, other display apparatus and debris shall be removed from public view immediately after the sale is concluded.
§715.7Exemptions
This chapter shall not apply to:
§715.7 A.A person selling personal property pursuant to an order or process of a court of competent jurisdiction, or to any public official acting pursuant to and within the scope of his or her authority.
§715.7 B.Any person advertising in a publication of general circulation the sale of not more than five items of tangible personal property which are specifically named or described in the advertisement and not displayed to the public at large.
§715.7 C.Any sale of personal property authorized or licensed pursuant to any state or local law, ordinance, rule or regulation.
§715.7 D.Any charitable, educational, cultural, fraternal, religious, civic, service or other not-for-profit corporation or voluntary association.
§715.7 E.Any auction or bona fide estate sale of all or substantially all of the contents of a household.
§715.7 F.Any sale conducted by a mercantile or other business establishment from or at a place of business wherein such sale would be permitted under the Zoning Code.
§715.7 G.Any village-wide garage sale.
§715.8Zoning provisions to remain unchanged
It is not the purpose or intent of this chapter to change or otherwise amend the Zoning Code.
Editor’s Note: See Title 8 Zoning of the Village
§715.9Penalties for offenses
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by a fine of no less than $100 nor more than $250, or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
Comments:
Mayor Robert T. Tackman credited Trustee Mattox with proposing legislation to control and regulate garage sales in the Village. The Syracuse Post Standard posted a short article about this today. Invited people to post their comments on social media and will share those comments later.
Trustee Janet L. Mattox explained the rationale behind the proposed local law, including: wanting to stop miscellaneous sales that go on day-after-day, and that it looks trashy. Feel that 3 a year is reasonable, not including any community-wide sales or community event.
Offer this local law as guidelines for conducting garage sales so that it is not just trash out on the front yard. The Village of Manlius has a similar local law. These guidelines include regulation of signs, provision that signs be removed after the sale, and the number of signs to five (5). This allows for signs at entrance ways, the end of the street and at the house.
Dick Robb, East Ave – complimented that the law is short and clear. Offers some concerns under definitions referring to maintaining a residence. Does this imply that only allowed at single family homes or in residential district?
Agree with the number of days – 3 days, 3 times a year – not more than 9 days including set up time.
Also agree with regulating signs, but private signs should not be in the public right-of-way. Utility poles are in the public right-of-way. Where else can people place signs?
Trustee Daniel Wagner interprets that to mean not in the street or roadway.
Trustee Mattox responded that the signs on utility poles are not a problem as long as they are removed promptly. Also Location section addresses rental of leased spaces.
Nancy Carr, Kinne Street – asked about who will do the enforcement? Does this mean that a permit will be required, with additional fees? Also asked about Estate Sales – these could be more than 3 days.
Trustee Mattox repeated that the local law is presented as a guideline. Currently the Village has nothing on the books to regulate these activities. Have discussed the proposed local law with the Village Attorney and the Director of Code Enforcement. Usually neighbors will let us know if they happen more frequently or do not comply with other rules & regulations. If that happens, Codes will address the same as any other notice of violation.
Mayor Tackman noted there are provisions to exclude Estate Sales, understanding that those are often unplanned and treated differently.
LA Forkhammer, West Ave – inquired how the public will be made aware of this new law. They don’t know and understand the garbage schedule! Last year it was proposed to send out a flyer and information for garbage laws but nothing was ever sent.
Mayor Tackman announced that notice will be posted on the Village’s website, social media sites, at the Village Office. Appreciate the coverage by local TV media and local newspapers.
Trustee Wagner proposed that the intent is to prevent perpetual sales, many that go all day and all week with only a few items. Having guidelines in place will help prevent just doing whatever anybody wants.
Mayor Tackman shared some of the ten (10) comments received on social media – 7 or 8 are not in favor. Do not like the number of sales limited. Many feel signs are a problem. (Comments will be included in the file and made a part of this hearings’ record)
Howard Carr – objected to the penalties. If have four garage sales can be fined $100 and sent to jail for 15 days. Kind of a steep penalty!
Mayor Tackman said that was an option. The local law is trying to discourage an abuse, not create one.
Deputy Mayor James Carr proposed amending the language in the law to allow for the first offense to be treated with a warning.
Dick Robb noted that that could create problems for Codes. Their job is just to enforce. It would be up to the Judge to decide.
Howard Carr continued to point out that the law says fine or imprisonment.
Dick Robb noted that it is implied. No one else can decide the matter but the Court.
Trustee Wagner remarked that if someone has the fourth garage sale no one will probably even know. The Court has the discretion to issue a warning instead of a fine.
Trustee Mattox proposed that the word “shall” be changed to “may”.
Hearing no other comments, Mayor Tackman closed the hearing at 7:17PM.
BOARD OF TRUSTEES
Village of East Syracuse
June 1, 2015
Following the Pledge of AllegianceMayor Robert T. Tackman called the regularly scheduled meeting of the Village of East Syracuse Board of Trustees for Monday, June 1, 2015 to order at 7:18PM.
Present: Deputy Mayor James E. Carr, Jr., Trustee Janet L. Mattox, TrusteeCarol Para, TrusteeDaniel J. Wagner,and Mayor Robert T. Tackman.
Also Present: DPW Superintendent Ron Russell, III, Parks Director Tom Richardson, Acting Village Justice Holly Glassford, Village Clerk Patricia J. Derby, Acting Assistant Fire Chief Chris Shields, and Director of Code Enforcement Randy Capriotti.
Excused: Village Attorney Robert Germain and Village Engineers Steve Snell.
Approximately eight Village residents and guests attended, including CNY Central News (Channels 3 & 5 locally).
Review of Correspondence A record of recent correspondence has been distributed to the Board of Trustees and all department heads to assist in monitoring activities.
Motion – by Trustee Mattox, seconded by Trustee Wagner - To accept the following vouchers for payment:
From Consolidated Fund Abstract, vouchers numbered 52379 through 52493and Abstract in the amount of $79,496.41.
Polling the Board: Deputy Mayor Carr – aye, Trustee Mattox – aye, Trustee Para –aye, Trustee Wagner – aye, and Mayor Tackman – aye. Motion carried.
Municipal Code – Local Laws
Before moving for the adoption of proposed Local Law to Regulate Garage Sales Trustee Mattox proposed that the language of the law be changed to say “may” instead of “shall” in the section Penalties for Offenses.
Director of Code Enforcement Randy Capriotti cautioned against contradictions. If in violation after three, then penalties are imposed after three. The penalties will be determined by the Judge. It is up to the Court to decide guilt and impose penalties. Code citing someone for a violation of statute does not mean found guilty.
Acting Justice Holly Glassford noted sections of traffic law allow discretion with setting fines from zero to whatever dollar amount. Give the Court some leeway in determining fines.
Mayor Tackman proposed that the Board take another look at the penalty section. As this could be a substantial change will re-notice the Public Hearing for July 6th at 7PM. This will give Board opportunity to review with Village Attorney and consider changes to penalties and look at definition of right-of-way.
Hazard Mitigation Plan
Mayor Tackman remarked on the County’s Emergency Management working with FEMA to encourage group coalition activities for Hazard Mitigation. May also open grant opportunities to all municipalities.
Motion – by Trustee Mattox, seconded by Trustee Wagner - To adopt the Resolution authorizing the adoption of the Onondaga County Multi-jurisdictional All-Hazard Mitigation Plan:
A RESOLUTION OF THE VILLAGE OF EAST SYRACUSE BOARD OF TRUSTEES AUTHORIZING THE ADOPTION OF THE ONONDAGA COUNTY MULTI-JURISDICTIONAL ALL-HAZAMITIGATION PLAN
WHEREAS, all of Onondaga County has exposure to natural hazards that increase the risk of life, property, environment and the County’s economy; and
WHEREAS, pro-active mitigation of known hazards before a disaster event can reduce or eliminate long-term risk to life and property; and
WHEREAS, The Disaster Mitigation Act of 2000 (Public Law 160-390) established new requirements for pre and post disaster hazard mitigation programs; and
WHEREAS, a coalition of Onondaga County municipalities with like planning objectives has been formed to pool resources and create consistent mitigation strategies within Onondaga County; and
WHEREAS, the coalition has completed a planning process that engages the public, assesses the risk and vulnerability to the impacts of natural hazards, develops a mitigation strategy consistent with a set of uniform goals and objectives, and creates a plan for implementing, evaluating and revising this strategy;
NOW, THEREFORE, BE IT RESOLVED that the Village of East Syracuse:
1).Adopts in its entirety the Onondaga County Multi-jurisdictional All-Hazard Mitigation Plan (the “Plan”) as the Village of East Syracuse’s Natural Hazard Mitigation Plan, and resolves to execute the actions identified in the Plan that pertain to this jurisdiction.
2).Will use the adopted and approved portions of the Plan to guide pre- and post-disaster mitigation of the hazards identified.
3).Will coordinate the strategies identified in the Plan with other planning programs and mechanisms under its jurisdictional authority.
4).Will continue its support of the Mitigation Planning Committee as described within the Plan.
5).Will help promote and support the mitigation successes of all participants in this Plan.
6).Will incorporate mitigation planning as an integral component of government and partner operations.
7).Will provide an update of the Plan in conjunction with the County no less than every five (5) years.
Polling the Board: Deputy Mayor Carr – aye, Trustee Mattox – aye, Trustee Para –aye, Trustee Wagner – aye, and Mayor Tackman – aye. Motion carried.
Summer Hours – Municipal Building
Mayor Tackman introduced the proposal to close Village Offices early on Friday afternoons in the summer. This would include the Clerk’s Office, Codes and Court, but not DPW or Fire Department Caretakers. Staff can use their personal time to offset hours.
Deputy Mayor James Carr stated he has no problem with summer hours but concerned with how that will change Office hours with meal times. Trustee Mattox presented a copy of NYS Labor Law.
Mayor Tackman asked that resolve the summer hours before discussing Employee Handbook and meal time issue.
Motion –by Deputy Mayor Carr, seconded by Trustee Wagner - That normal hours of operations for the Municipal Building Offices, including Village Office, Justice Court Office, and Fire Department Administration be reduced to reflect a Noon closing on Fridays for thirteen (13) weeks (closed Friday July 3rd for Fourth of July holiday which falls on the Saturday) from June 5th through Labor Day (September 7th). This does not include DPW.
Polling the Board: Deputy Mayor Carr – aye, Trustee Mattox – aye, Trustee Para –aye, Trustee Wagner – aye, and Mayor Tackman – aye. Motion carried.
Discussion: Meal Time
Deputy Mayor Carr questioned the hours of operation for the Village Office. Handbook states that open from 7:30AM to 4PM. Feels that this is inaccurate as the half hour unpaid lunch policy is not being adhered to. NYS Labor Law requires that meal break be taken. It is the policy of the Village of East Syracuse that this is unpaid.
Village Clerk Patricia J. Derby noted the Handbook also allows employees to waive this. Most Office personnel continue to work through their meal break.
Deputy Mayor Carr proposed resolution to nullify the waiver (page 68 in the Handbook) to allow employees to be paid for lunch break.
Mayor Tackman proposed having HR One review the Handbook and the Law.
Acting Justice Holly Glassford cited The Fair Labor Standards Act (FLSA) requires that if work more than 6 hours employees are entitled to meal break. Recommended that discuss this with Village Attorney.
Village Clerk Derby recalled that the Village tackled this issue about ten years ago. Got opinion of NYCOM, Village Attorney, and Personnel professionals at that time. Resolution of issue was to allow employees to waive this entitlement.
Deputy Mayor Carr pointed out the established Office Hours for the Village Office are 7:30AM to 4PM – an 8 hour work day with a ½ hour unpaid lunch yet employees are only 7 ½ hours.