Minutes of a Regular Monthly Meeting of the Santa Clara Town Board held on Wednesday, September 15, 2021 at Saranac Inn, NY Town Hall at 6:00 P.M.
Roll as follows for the Regular Monthly Meeting:
Andrew McGill - Supervisor
David Perry - Councilman
Richard Lyon - Councilman
Marcel "Mickey" Webb - Councilman
John Murray - Councilman
Mike Hill - Special Counsel - via zoom
Scott LaMay - Superintendent of Highways
Laurie McGill - Town Clerk
Regular board meeting called to order by Supervisor McGill at 6:00 P.M.
Motion by John Murray, seconded by Rick Lyon to dispense with the reading of the minutes of the previous meeting. All members voting Aye. Motion carried. Motion by Rick Lyon, seconded by John Murray to accept the minutes. All members voting Aye. Motion carried.
Town Justice - Town Justice Michelle Brown-Garcia has submitted her resignation as of 9/20/21. On a motion by Mickey Webb, seconded by Rick Lyon the Board accepted her resignation with deep regret. Michelle was a great asset and a shining light to the Town. All members voting Aye. Motion carried. The Town Supervisor presented Michelle a plaque for her years of service as judge. Carol Gibbs the Town Court Clerk resigned on 9/13/2021. On a motion by Mickey Webb, seconded by John Murray, the Board accepted her resignation. All members voting Aye. Motion carried.
Marina Regulations - The Board reviewed the Planning Boards proposed amendments to the Town Land Use Code with the assistance of Special Counsel. John LaHart from the Planning Board was available to answer any questions the Board had on the proposal.
RESOLUTION SCHEDULING PUBLIC HEARING ON LOCAL LAW NUMBER 03 of 2021 TO ESTABLISH REGULATIONS ON COMMERCIAL MARINAS IN THE R-C-1.3, R-C-3.2 and GR ZONING DISTRICTS IN THE TOWN OF SANTA CLARA
WHEREAS, the Town Board believes it is necessary for the Town to have regulations to govern development, re-development and modification of commercial marinas in the R-C 1.3, R-C 3.2 and GR zoning districts, in order to ensure that such development, re-development and modification will preserve the natural beauty and wilderness character of the area to the greatest extent feasible while allowing for availability of needed goods and services for marina customers, and be consistent with the historic and architectural character of existing property uses in those zoning districts, and,
WHEREAS, the Town Board initially created a Special Committee for the purpose of drafting regulations to govern the development, re-development and modification of commercial marinas in the Town, and engaged the Chazen Companies to assist the Special Committee, and
WHEREAS, the Special Committee prepared such draft regulations, which were referred to the Planning Board for review and its recommendations, and
WHEREAS, the Town Board has considered and discussed the draft regulations and the Planning Board's recommendations, and has made revisions to the draft regulations and
WHEREAS, a Public Hearing and an environmental review under the State Environmental Quality Review Act (SEQRA) are necessary, among other procedural requirements, prior to adoption of a Local Law to establish such regulations,
NOW, THEREFORE, THE TOWN BOARD OF THE TOWN OF SANTA CLARA HEREBY RESOLVES AS FOLLOWS:
1. Based on the Town Board's discussions at tonight's meeting, the Town's Special Counsel is hereby authorized and directed to finalize and prepare the text of a proposed Local Law with the necessary form and content, and substantially as reviewed and discussed by the Town Board, to enact the proposed marina regulations.
2. The Town's Special Counsel and/or the Chazen Companies are hereby authorized and directed to prepare a draft of an Environmental Assessment Form, with the proper form and content, for the Town Board to use in conducting the environmental review of the proposed marina regulations as required under SEQRA.
3. The Town Board shall meet on October 13, 2021, at 6:00 PM to hold a Public Hearing to hear all people who are interested in the proposed Local Law to enact regulations governing commercial marina development, redevelopment and modification in the Town's R-C-1.3, R-C-3.2 and GR zoning districts. The Town Clerk is hereby authorized and directed to publish a Notice of Public Hearing in the Town's official newspaper, the Adirondack Daily Enterprise, not less than ten (10) calendar days before the date of the Public Hearing and to make a copy of the proposed Local Law available for public inspection during regular business hours after it is received from the Town's Special Counsel, and to provide a copy at no charge to anyone who requests it.
4. The Town Clerk is hereby authorized and directed to forward a copy of the proposed Local Law, incorporating any modifications made at tonight's Town Board meeting, to the Town's Planning Board for its report in accordance with the Town's Land Use Law.
5. The Town Clerk is hereby further authorized and directed to: 1) refer the proposed Local Law for review and comments as provided in Article XII of the Town Land Use Code, 2) to cause written notice of the Public Hearing on the proposed Local Law to be given as provided in Article XII of the Town Land Use Law, and as may otherwise be required pursuant to New York State law, and 3) to make any other referrals and provide any other notices with respect to the proposed Local Law as may be recommended by the Town's Special Counsel.
6. Town The Town's Special Counsel for planning and zoning matters; the law firm of Miller, Mannix, Schachner & Hafner, LLC; is hereby authorized and directed to assist the Town Clerk, Planning Board, Code Enforcement Officer, Town Board and the Chazen Companies with the preparation and/or review of any and all documents necessary for the adoption of the proposed Local Law and to otherwise advise and assist Town officials in the process of adopting the proposed Local Law.
7. 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 as follows:
AYES: Andrew McGill, Mickey Webb, John Murray, Rick Lyon, Dave Perry
AYES:___5______ NAYS:_____0____ ABSENT:_____0__
The Resolution was declared duly adopted by the Town Board this 15 day of September, 2021.
Regular Meeting for October is set for Wednesday, October 13, 2021 immediately following the Public Hearing that begins at 6:00 P.M.
Guy Middleton recommended to the Town Board that they should consult with the Planning Board on the issue of covered docks and GR Zoning.
Michelle Brown Garcia thanked the Town for allowing her to hold the boater safety course again this year in the community room.
Dave Powalyk also recommended to the Town Board that they should consult with the Planning Board on the issue of covered docks. Dave also states that the proposed Short Term Rental Law and the Fireworks Law need to be communicated to people coming to the area.
John LaHart inquired if the Town Board would write a local law to restrict fireworks to July 4th and New Years Eve. Mickey Webb and Rick Lyon both agreed that the current fireworks law should be reviewed and updated sometime in the near future.
Nancy LaBombard inquired if there was any news on the commercial use of property in a residentially zoned area. The Town is continuing to look into the situation and Special Council advised that he has not been informed of any issues since the owners were put on notice. Nancy also stated that commercial activity is still being advertised on websites. The Town Board and Special Counsel will have the Code Officer review the website(s) and see if they are still in violation since the owners were put on notice.
Good of the Town
Supervisor McGill thank Linda Keithan for volunteering to tend the gardens at the Town Hall. Linda has done a wonderful job and the gardens are starting to look great again. It is still a work in progress. Anyone who would like to volunteer to help Linda can contact the Town Clerk.
Highway Superintendent Scott LaMay reported that Floodwood Road has been graded for the fall. The Town of Harrietstown Highway Department loaned Santa Clara their grader so the job could be done. Tree and brush removal will start on Bay Pond Road and Beaverwood Road as soon as we receive a Temporary Revocable Permit form DEC. Culverts will be checked and flushed as needed this month. A few roads have already had the culverts checked. All dump trucks have been serviced along with the loader for winter.
General Fund vouchers No. 160 to 183 in the amount of $12,820.82 and Highway Fund vouchers No. 58 to 67 in the amount of $26,701.29 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.
Motion to adjourn at 7:45 P.M. made by Dave Perry, seconded by Rick Lyon. All members voting Aye. Motion carried.