TOWN OF SANTA CLARA BOARD MEETINGS

Minutes of the Public Hearing and a Regular Monthly Meeting of the Santa Clara Town Board held on Thursday, February 11, 2021 via Zoom due to Covid-19, at 6:00 P.M.

Roll as follows for the Regular Monthly Meeting:

    Present:
  • Andrew McGill - Supervisor
  • David Perry - Councilman
  • Richard Lyon - Councilman
  • Marcel "Mickey" Webb Councilman
  • John Murray - Councilman

    Absent:
  • Scott LaMay - Superintendent of Highways

    Recording Secretary:
  • Laurie McGill - Town Clerk

Public Hearing called to order by Supervisor McGill at 6:00 P.M. The purpose of the Public Hearing was to continue the Public Hearing on proposed Local Law No. 01 of 2021. Additional spoken comments will be limited to those about the revisions made on January 14, 2021, and any person wishing to make such comments will be heard by the Town Board. Additional written comments were accepted until 5:00 PM on February 5, 2021. Written comments on the revisions were received and provided to the Town Board from the following, Charles and Joan Bechtel, Upper Saranac Lake Association and Norfolk Law. Oral comments were received during the public hearing from Charles Bechtel and Deb Mueller.

All those wishing to make oral or written comments having been heard, the Public Hearing was adjourned at 6:13 P.M. on the motion of Mickey Webb, seconded by Rick Lyon. The motion duly put to a vote on roll call which resulted as follows:

Supervisor McGill yes
Councilman Lyon yes
Councilman Perry yes
Councilman Webb yes
Councilman Murray yes

All members voting Aye. Motion carried

Regular monthly meeting called to order by Supervisor McGill at 6:14 P.M.

Motion by Rick Lyon, seconded by John Murray to dispense with the reading of the minutes of the previous meeting. All members voting Aye. Motion carried. Motion by John Murray, seconded by Dave Perry to accept the minutes. All members voting Aye. Motion carried.

Local Law 01-2021 Moratorium on Commercial Development - On a motion by Mickey Webb, seconded by Rick Lyon the Board moved to discuss the proposed Local Law 01-2021. All members voting Aye. Motion carried. The Board received and reviewed the Town Planning Board Report on the proposed local law. The Planning Board was in agreement with the proposal. The Planning Board also wanted to have the Town's consultant Chazen Corp. and the Town Committee expand the scope of the commercial development beyond marinas. At this time, the Board wants the consultant and the Town committee members to only deal with marinas. The Board feels it is important to complete the marina zoning as soon as possible to meet the Termination date of June 30, 2021 for the moratorium as stated in the Local Law 01-2021.

RESOLUTION No. 4

Introduced by: Mickey Webb
Seconded By: Rick Lyon

RESOLUTION ADOPTING PROPOSED LOCAL LAW No. 1 OF 2021 ESTABLISHING A MORATORIUM ON COMMERCIAL DEVELOPMENT IN THE R-C 1.3 and RC 3.2 ZONING DISTRICTS IN THE TOWN OF SANTA CLARA

WHEREAS, the Santa Clara Town Board (the "Town Board") is considering adoption of a Local Law to establish a moratorium on commercial development in the Town's R-C 1.3 and R-C 3.2 zoning districts in order to provide the Town with time to develop and enact zoning regulations to govern commercial development in those zoning districts, and
WHEREAS, the Town Board prepared proposed Local Law No. 1 of 2021 to enact such a moratorium, and
WHEREAS, enactment of a moratorium is an exempt Type II Action under the State Environmental Quality Review Act (SEQRA) at 6 NYCRR 617.5(c)(36), and
WHEREAS, on December 28, 2020 the Town Board opened a duly-noticed Public Hearing with respect to the proposed Local Law, and continued the Public Hearing to its meeting on January 14, 2021 and,
WHEREAS, the Town revised proposed Local Law No. 1 of 2021 at its meeting on January 14, 2021 and further continued the Public Hearing on it to its meeting on February 11, 2021;
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board hereby finds that adoption of the Local Law is exempt from review under the State Environmental Quality Review Act; and be it
FURTHER RESOLVED, that after due consideration the Town Board hereby adopts Local Law No: 1 of 2021 establishing a moratorium on commercial development in the Town's R-C 1.3 and R-C 3.2 zoning districts, as set forth in said Local Law, and be it
FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to file Local Law No. 1 of 2021, in substantially the same form as hereby approved, with the New York Department of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing by the Department of State, and be it
FURTHER RESOLVED, that this Resolution shall take effect immediately.

The question of the adoption of this Resolution was duly put to a vote on roll call which resulted in votes by each Town Board member as follows:

AYES: Mickey Webb, Dave Perry, John Murray, Rick Lyon, Andrew McGill
NAYS: 0
ABSENT: 0
The Resolution was declared duly adopted by the Town Board.

RESOLUTION No. 5

Introduced by: Mickey Webb
Seconded By: Rick Lyon

RESOLUTION WITH RESPECT TO ON-SITE STORAGE OF CONSTRUCTION EQUIPMENT AND BUILDING MATERIALS IN THE R-C 1.3 and R-C 3.2 ZONING DISTRICTS DURING MORATORIUM ON COMMERCIAL DEVELOPMENT IN THOSE ZONING DISTRICTS

WHEREAS, the Santa Clara Town Board (the "Town Board") has adopted Local Law No. 1 of 2021 establishing a moratorium on commercial development in the Town's R-C 1.3 and R-C 3.2 zoning districts in order to provide the Town with time to develop and enact zoning regulations to govern commercial development in those zoning districts, and
WHEREAS, the Town Board does not wish to impede in-kind repairs to or reconstruction of existing buildings and structures within the limitations provided in Local Law No. 1 of 2021 and in accordance with Building Permits granted for such purposes,
NOW, THEREFORE, BE IT
RESOLVED, that while the Moratorium prescribed in Local Law No. 1 of 2021, including any extensions of such Moratorium, is in effect, the Town will not prosecute any enforcement action for on-site storage of construction equipment or building materials to be used to make in-kind repairs to or to re-construct an existing building, structure or other improvement, within the limitations set forth in Local Law No. 1 of 2021, provided the property owner has obtained a Building Permit from the Town for such repair(s) or re-construction(s) and such Permit specifies the extent of such storage, which shall not exceed the storage reasonably necessary for the permitted repair(s) or re-construction(s), and be it
FURTHER RESOLVED, that this Resolution shall take effect immediately.

The question of the adoption of this Resolution was duly put to a vote on roll call which resulted in votes by each Town Board member as follows:

AYES: Mickey Webb, Dave Perry, John Murray, Rick Lyon, Andrew McGill
NAYS: 0
ABSENT: 0
The Resolution was declared duly adopted by the Town Board.

2020 Financial Statement - The Town's Annual Financial Report for 2020 is ready to be submitted to New York State. The Board all received a copy and reviewed the report. On a motion by Mickey Webb, seconded by Dave Perry the financial report for 2020 was approved. . All members voting Aye. Motion carried.

New York State Archives Retention and Disposition Schedule LGS-1 - The State Archives is revising and consolidating its local government records retention and disposition schedules and issuing a single, comprehensive retention schedule for all types of local governments. The new schedule, Retention and Disposition Schedule for New York Local Governments records or LGS-1, will supersede and replace MU-1 Schedule for use by cities, towns, villages and fire districts.

RESOLUTION No. 6

Introduced by: Mickey Webb
Seconded By: Rick Lyon

BE IT RESOLVED, By the Town Board of Town of Santa Clara that the Retention and Disposition Schedule for New York Local Government Records (LGS-1), issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, and containing legal minimum retention periods for local government records, is hereby adopted for used by all officers in legally disposing of valueless records listed therein.
FURTHER RESOLVED, that in accordance with Article 57-A:
(a) Only those records will be disposed of that are described in Retention and Disposition Schedule for New York Local Government Records (LGS-1), after they have met the minimum retention periods described therein;
(b) Only those records will be disposed of that do not have sufficient administrative, fiscal, legal, or historical value to merit retention beyond established legal minimum periods.
FURTHER RESOLVED, that this Resolution shall take effect immediately. The question of the adoption of this Resolution was duly put to a vote on roll call which resulted in votes by each Town Board member as follows:

AYES: Mickey Webb, Dave Perry, John Murray, Rick Lyon, Andrew McGill
NAYS: 0
ABSENT: 0
The Resolution was declared duly adopted by the Town Board.

The Resolution was declared duly adopted by the Town Board.

Regular board meetings for March 2021 will be March 11, 2021, at 6:30 P. M. Maybe held by Zoom. If so the sign in information will be on the Town Webb Site.

Board of Ethics - Supervisor McGill advised that the Town received an ethics complaint that was referred to the Town's Board of Ethics for review. The Ethics Board, after several amendments to the original complaint, completed the review and has just provided the Town Board with the Ethics Board's advisory report. The Town Board will need time to review this Ethics Advisory Report before any decision will be made in regards to the complaint. The Board will need to meet in executive session to discuss this report as it falls under a personnel issue. Mickey Webb wanted to thank the Ethics Board for a very thorough report. The Ethics Board did a great job that took many hours to complete.

Open Discussion

no one spoke

Good of the Town

Supervisor McGill read Highway Superintendent Scott La May's report on the Highway Department activity. The snow banks have been pushed back in the Hamlet and Saranac Inn. The banks will be pushed back again soon. The sander chain on the International truck broke along with the chain sprocket. Bill's General Repair was able to get us back in service in quick fashion. In the future the Highway Department will be replacing sander chains every 3 years in each truck as needed. Scott has started the process of getting estimates for a new pickup truck and dump truck. Due to COVID this will take some time. Scott would like the Town to set up a drop box for UPS and FEDEX deliveries after hours. Town packages are being delivered to his home address by these carriers without his permission and he doesn't want the responsibility of Town packages.

General Fund vouchers No. 23 to 46 in the amount of $11,923.91 and Highway Fund vouchers No. 03 to 12 in the amount of $5,999.70 were audited by the Board. Motion by Mickey Webb seconded by John Murray to approve vouchers and pay audited vouchers. All members voting Aye. Motion carried.

Adjournment

Motion to adjourn at 6:44 P.M. made by Dave Perry, seconded by Rick Lyon. All members voting Aye. Motion carried.

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Town Of Santa Clara
5359 State Route 30  ·  Saranac Lake, NY 12983
Phone: 518-354-8477  ·  Email: info@townofsantaclara.com
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