Town Of Mayfield
 Minutes 

December 07, 2006: minutes

Body:

A regular meeting of the Mayfield Town Board was held on Thursday, December 7, 2006 at the Mayfield Municipal Complex 28 North School Street, Village of Mayfield. The meeting was called to order at 6:30 PM and opened with the Pledge of Allegiance led by Supervisor Alan McLain. A moment of silence followed for the Veterans of the Pearl Harbor Attack.


PRESENT

Alan McLain, Supervisor

Walter Ryan, Councilman

Kathy Sieg, Councilwoman

Richard Argotsinger, Councilman

Jack Putman, Councilman


OTHERS PRESENT; Betty Tabor Historian, Mike Stewart CEO, Greg Hitchcock Leader- Herald, James Cownie. Myrna Hallenbeck, Attorney Greco, Linda Kemper Northampton Supervisor, Mr & Mrs Chris Lander and daughter


The Town Board conducted the SEQR form review on the zoning law changes, with Councilman Ryan reading the questions on the form.


PUBLIC- No one spoke at this time.


CEO REPORT- Mike Stewart CEO submitted his monthly report which included 13 permits issued. It was reported that 1 bid had been received for the lift project.


RES# 190 APPROVAL OF LIFT

On motion by Councilman Ryan and seconded by Councilwoman Sieg the following resolution was ADOPTED 5AYES (McLain, Ryan, Sieg, Argotsinger, Putman) 0 NAYS

RESOLVED that the Mayfield Town Board awards the bid for the lift to Kucel Contractors for $50, 995.00 contingent on approval from the town’s CEO and the Fire District.


Mike Stewart provided a copy of the Administration and Enforcement of the New York State Uniform Fire Prevention And Building Code. A small discussion followed with the policy committee to meet with Mike Stewart CEO and report back to the board.


DOG CONTROL OFFICER REPORT- The report was submitted and approved. Supervisor McLain directed Councilwoman Sieg and Councilman Argotsinger, the Dog Control Committee, to meet with Dr. Bluvas of the Adirondack Animal Hospital on a new contract for 2007, as well as review the DCO contract with Jane Potts. McLain reported Dr. Bluvas will be refunding the town some of the charges resulting from a stray that was left at his business for 45 days that McLain had questioned.


Supervisor McLain reported that he didn’t have any new updates on the post office.



COMMITTEE REPORTS

Councilman Ryan reported on the water and sewer committee meeting he had attended recently.

Councilman Ryan reported on the Hudson River Black River Regulating District meeting he had attended and Doug Sieg was appointed to serve as his alternate for the committee.


RES# 191 APPROVAL OF PAYMENT TO NYS RETIREMENT

On motion by Councilwoman Sieg and seconded by Councilman Argotsinger the following resolution was ADOPTED 5 AYES (McLain, Ryan, Sieg, Argotsinger, Putman) 0 NAYS

RESOLVED that the Mayfield Town Board approves the payment of $43,793.00 to the New York State Retirement System for 2006.


RES# 192 APPROVAL OF PAYMENT TO MAYFIELD CENTRAL SCHOOL

On motion by Councilwoman Sieg and seconded by Councilman Argotsinger the following resolution was ADOPTED 5 AYES (McLain, Ryan, Sieg, Argotsinger, Putman) 0 NAYS

RESOLVED that the Mayfield Town Board approve the payment of #3,088.57 to Mayfield Central School for gas and diesel from April 2006 to October 2006.


Attorney Greco reported that he had received a letter from Attorney McAuliffe regarding the town taking over Fritz Lane.


RES # 193 OPEN PUBLIC HEARING ON ZONING LAW CHANGES

On motion by Councilman Ryan and seconded by Councilman Argotsinger the following resolution was ADOPTED 5 AYES (McLain, Ryan, Sieg, Argotsinger, Putman) 0 NAYS


RESOLVED that the Mayfield Town Board approve to open the public hearing on the proposed zoning law changes at 7:30 PM.


Mike Stewart read the certificate of publication.


RES# 194 ACCEPT NEGATIVE DECLARATION PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT RELATIVE TO THE ADMENDMENT OF THE TOWN ZONING LAW

On motion by Supervisor McLain and seconded by Councilman Ryan the following resolution was ADOPTED BY ROLL CALL VOTE

Supervisor McLain                   AYE

Councilman Ryan                      AYE

Councilwoman Sieg                  AYE

Councilman Argotsinger            AYE

Councilman Putman                  AYE


WHEREAS, the Town Board of the Town of Mayfield (hereinafter the Town Board) is considering amendment of its first comprehensive zoning law 9the zoning law) pursuant to authority granted to it by the Town Law and the Municipal Home Rule Law;

WHEREAS, pursuant to the State Environmental Quality Review Act codified at Article 8 of the New York Environmental Conservation Law and 6 NYCRR Part 617 (SEQR) the Town Board characterized the amendment of the Zoning Law as a SEQR Type 1 Action and caused to be prepared a Full Environmental Assessment Form dated December 7, 2006 (hereinafter the FEAF) relative to the amendment of the Zoning Law.


WHEREAS, the Town Board has reviewed Part 1 of the FEAF and deemed same adequate and complete relative to the amendment of the Zoning Law;


WHEREAS, the Town Board has prepared Part 2 of the FEAF relative to amendment of the proposed Zoning Law;


WHEREAS, the Town board is the only SEQR “Involved Agency” as that term is defined by the SEQR regulations at 6 NYCRR s617.2(s) and is therefore the SEQR Lead Agency pursuant to 6NYCRR s617.6(b)(1);


WHEREAS, the Town Board desires to make its determination of significance for the amendment of the Zoning Law in accordance with the SEQR regulations at 6 NYCRR s617.7;


NOW, THERFORE BE IT RESOLVED BY THE TOWN BOARD OF MAYFIELD AS FOLLOWS:

1. Based upon a thorough examination and analysis of the FEAF and review of the SEQR regulations at 6 NYCRR s617.7 and based further on the Town Board’s knowledge of the Zoning Law and further investigation of its environmental effects as the Town Board has deemed appropriate, the Town Board finds as follows:

a. the amendment of the Zoning Law will not cause a substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels or a substantial increase in potential for erosion, flooding, leaching or drainage problems;

b. the amendment of the Zoning Law may have a small to moderate positive impact on water resources by regulating lakeshore development;

c. the admen dent of the Zoning Law will not cause the removal or destruction of large quantities of vegetation of fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such species; ort  other significant adverse impacts to natural resources;

d. the amendment of the Zoning Law will not cause the impairment of the environmental characteristics of a Critical Environmental Area as designated pursuant to 6NYCRR s617.14(g);

e. the amendment of the Zoning Law will not cause the creation of a material conflict with the Town of Mayfield’s current plans or goals as officially approved or adopted;

f. the amendment of the Zoning Law will not cause the impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character;

g. the amendment of the Zoning Law may have a small to moderate positive impact of preserving aesthetic resources important to the community;

h. the amendment of the Zoning Law will not cause a major change in the use of either the quantity or type of energy;

i. the amendment of the Zoning Law will not cause the creation of a hazard to human health;

j. the amendment of the Zoning Law will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, orin its capacity to support existing uses;

k. the amendment of the Zoning Law may have a small to moderate positive impact of preserving agricultural resources;

l. the amendment of the Zoning Law may have a small to moderate positive impact of preserving open space and recreational opportunities;

m. the amendment of the Zoning Law may have a small to moderate positive impact by promoting efficient traffic circulation and adequate parking;

n. the amendment of the Zoning Law may have a small to moderate positive impact of regulating noise and odor impacts;

o. the amendment of the Zoning Law will not cause the encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the amendment of the Zoning Law;

p. the amendment of the Zoning Law will not cause the creation of a material demand for other actions that would result in one of the above consequences;

q. the amendment of the Zoning Law may have a small to moderate positive impact allowing for reasonable growth and development within the physical limitations of the land, preserving the natural and scenic qualities of the land and enhancing the appearance of the Town of Mayfield;

r. the amendment of the Zoning Law may have a small to moderate positive impact by facilitating efficient and adequate provision of public facilities and services, promoting  pedestrian safety and protecting the natural resources;

s. the amendment of the Zoning Law may have a small to moderate positive impact by allowing for reasonable growth and development, promoting the design and use of land and buildings to maintain the existing neighborhoods and sense of community, promoting the retention and creation of local employment  opportunities, preserving the natural and scenic qualities of the land, enhancing the appearance of the Town of Mayfield and protecting the character of the Town of Mayfield;

t. the amendment of the Zoning Law will not cause changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together  result in a substantial adverse impact on the environment; and

u. the amendment of the Zoning Law in not one of two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact  on the environment , but when considered cumulatively would meet one or more of the criteria in this subdivision.


2. The Town board has considered, for the purpose of determining whether the amendment of the Zoning Law may cause any of the impacts listed in paragraph 1 hereinabove, reasonably related long- term, short- term, direct, indirect and cumulative impacts, including other simultaneous or subsequent, actions which are: included in any long- range plan of which the enactment of the Zoning Law is a part; likely to be undertaken as a result thereof; or are dependent thereon.

3. The Town Board has further considered the significance of any likely consequence of the amendment of the Zoning Law in connection with: its setting; its duration; its irreversibility; its geographic scope; its magnitude; and the number of people affected.

4. Based upon the foregoing investigation of the potential environmental  impacts of the amendment of the Zoning Law Action and considering both the magnitude and importance of any environmental impact therein indicated, the Town Board makes the following additional findings and determinations with respect to the Action:

a. The Action constitutes a “Type 1 Action” as defined by the SEQR regulations at 6NYCRR s617.2(ai);

b. The Action will result in no significant environmental impacts and, therefore , is one which will not have a significant effect on the environment. Therefore, the Town Board hereby determines that the  amendment of the Zoning Law will not have a significant effect on the environment, and the Town Board will not require the preparation of an “Environmental Impact Statement” with  respect to the amendment of the Zoning Law; and

c. As a consequence of the foregoing, the Town Board has decided to prepare a “Negative Declaration” with respect to the amendment of the Zoning Law.

5. The Supervisor is hereby authorized to file a Negative Declaration with respect to the Action in the main office of the Town, to publish notice of said Negative Declaration in the statewide Environmental Notice Bulletin and to provide a copy of the “Negative Declaration” to any person that requests a copy.

6. This resolution shall take effect immediately.


The public hearing was left open and the town continued with town business.


Supervisor McLain reported that the board is still working on getting a planning board and zoning board of appeals clerk and thanked Town Clerk Dorothy Hart for her assistance while we are searching, and also thanked both boards for their patience while the search continues.

Supervisor McLain reported that he had visited Progress Road where the posts  seem to be in the town right of way that was discussed at an earlier board meeting. The board directed him to inform the property owners that the posts are on the town’s right of way and will impede snow removal there, and need to be moved back.

Supervisor McLain reported that Councilman Argotsinger had contacted him about a web site for auctioning off equipment. A small discussion followed and the  board agreed to advertise the old garbage truck on the site, and possibly more items.


COMMITTEE REPORTS

HIGHWAY- Councilman Putman reported that he had spoken with Tom Ruliffson Highway Superintendent regarding getting a trailer to use instead of replacing the truck that was damaged in an accident. The truck was used for many things on a daily bases and wished to get a 2 wheel drive, 1 ton truck. Councilman Putman recommended replacing the damaged truck. Councilman Ryan spoke against getting a new truck.

A discussion followed on the condition of the old red pickup truck and perhaps getting rid of it also.  The Highway committee will talk to the highway superintendent about both trucks.

 Councilman Argotsinger questioned the status of the Bushnell Road Bridge

Councilman Argotsinger questioned the status of the traffic circle at Rtes. 29 and 30.  The supervisor hasn’t heard from the company regarding the bridge lately and will contact them tomorrow.  He said the Rte 30 Corridor Study committee is still working on the project involving the circle at 29 and 30.


RES# 195 APPROVAL OF MINUTES

On motion by Councilwoman Sieg and seconded by Councilman Argotsinger the following resolution was ADOPTED 5 AYES (McLain, Ryan, Sieg, Argotsinger, Putman) 0 NAYS

RESOLVED that the Mayfield Town Board approves the minutes of November 16, 2006 as submitted.


RES# 196 CLOSE PUBLIC MEETING

On motion by Councilman Ryan and seconded by Councilwoman Argotsinger the following resolution was ADOPTED 5 AYES (McLain, Ryan, Sieg, Argotsinger, Putman) 0 NAYS

RESOLVED that the Mayfield Town Board approves to close the scheduled public hearing at 8:00 PM.


RES# 197 ADOPT LOCAL LAW #2 OF 2006

On motion by Councilman Ryan and seconded by Councilwoman Sieg the following resolution was ADOPTED by Roll Call Vote

Supervisor McLain                               AYE

Councilman Ryan                                  AYE

Councilwoman Sieg                              AYE

Councilman Argotsinger                        AYE

Councilman Putman                              AYE

RESOLVED that the Mayfield Town Board approves to adopt Local Law # 2 of 2006 amending the “zoning Law of the Town of Mayfield, New York (adopted as local law No.2 of the year 2005).


Councilman Putman stated he was opposed to zoning, but these changes made sense and softens his displeasure with zoning with the changes.

Also Councilman Putman endorsed changes to the zoning law.

Supervisor McLain thanked Mike Stewart CEO, as well as the Planning Board, Zoning Board of Appeals, and Town Board for all the work on the project.


PUBLIC- Betty Tabor Historian reported that the Historical Society had received a grant for $6,500. towards painting of the Rice Homestead.



RES# 198 MOVE INTO EXECUTIVE SESSION

On motion by Councilman Ryan and seconded by Councilwoman Sieg  the following resolution was ADOPTED 5 AYES (McLain, Ryan, Sieg, Argotsinger, Putman) 0 NAYS


RESOLVED that the Mayfield Town move into executive session for the purpose of personnel at 8:15PM.


RES# 199 MOVE OUT OF EXECUTIVE SESSION

On motion by Councilwoman Sieg and seconded by Councilman Argotsinger the following resolution was ADOPTED 5 AYES (McLain, Ryan, Sieg, Argotsinger, Putman) 0 NAYS

RESOLVED  that the Mayfield Town Board approve to move out of executive session and back into regular session at 8:43 PM.

On motion by Councilman Ryan and seconded by Councilman Argotsinger the meeting was adjourned at 8:45 PM. 5AYES (McLain, Ryan, Sieg, Argotsinger, Putman) 0 NAYS


Respectfully Submitted:



Dorothy Hart, Town Clerk