READ ZONING-CODE RESOLUTION

Richfield Board

Charts Retreat

On Zoning Code

Majority Shifts; 3-2 Votes

Punctuate Reorganization

By JAMES CUMMINGS • Special to www.AllOTSEGO.com

RICHFIELD SPRINGS – At the Richfield Town Board’s two-hour reorganizational meeting this morning, the shoe was now on the other foot.

Where Town Board member Larry Frigault’s 3-2 majority was in control through Dec. 31, the control shifted today to newly elected Town Supervisor Nick Palevsky and his allies, Town Board members Fred Eckler and newly elected Ed Bello Jr.

From 9 a.m., when the meeting started, to just past 11, where 43 motions were mostly approved, 3-2, several over Frigault’s objections.  Town Board member Rex Seamon allied with Frigault.

Key among the motions was one that could throw out the town’s new zoning code – approved 3-2 in October by the Frigault faction – based on a disputed new Comprehensive Master Plan that led to the new majority’s election Nov. 5.

One motion, approved 3-2, will hire former town attorney David Merzig to review petitions Palevsky submitted in September.

Palevsky believed he had collected signatures from more than 20 percent of the effected landowners, which would have required a supermajority – 4-1 – to approve the new zoning code.

Town Attorney Michelle Kennedy reviewed the document, and found insufficient valid signatures; if Merzig finds otherwise, the new code could be found invalid.

Frigault objected: “I don’t feel that we should be spending $750 of taxpayer money to look at this issue.” Palevsky disagreed: “I think $750 is a nod to those property owners and those voters that are entitled to a fair hearing. I think we need to have a second look at this.”

Bello concurred with Palevsky: “I’m all about saving money, but I don’t think this is going to go away.”

“Say you have another organization come in and they don’t like what our attorney evaluated,” questioned Frigault.

“I believe this is part of our obligation and responsibility as board members,” said Palevsky. “I think what we are doing is spending money to make sure.”

He scheduled further discussion for the board’s Jan.  20 meeting.

“We can deal with that at the next meeting. We’re going to leave it where it is for now,” he said.

Among other divisive topics was the appointment of a Planning Board member.

“We no longer have an agricultural representative on the planning board. Councilman Kane Seamon has that background,” said Frigault.

“I could never vote for Kane Seamon. I was unhappy with his time on the board,” said Palevsky. “I feel that the farmers are well represented on that planning board.”

“I think he’s proved that he wants to contribute to this community. I think he’s a good choice for this committee,” said Frigault.

“We were elected in part because the community wanted a little more representation,” asserted Palevsky.

“I don’t buy that Kane hasn’t been involved in this community,” replied Frigault.

Ed Bello added, “I’d like to see some diversity and respect the people that wanted diversity on the board. I’m going to vote the other way.”

And the vote demonstrated the first of many splits between the Frigault and Rex Seamon alliance and the Palevsky, Bello, Eckler group. 3-2 against Kane Seamon.

A motion to elect Don Urtz, the other contender for the planning board, produced the opposite result.

“Mr. Urtz was on the board for 20 years. His time there was atrocious. It’s exactly why I will not vote for him. His decisions put this town in court five times,” said Frigault. “I don’t believe he’s the right person for this town and I don’t feel that it’s appropriate to put this man back on the board.”

But his objection provided inconsequential:  The vote was 3-2 for Urtz.

There was similar friction when it came to appointing an Zoning Board of Appeals position. Tom Richvalsky and Dick Johnson being the considerations.

“I think we shouldn’t fix what’s not broken,” said Frigault, in favor of Richvalsky.

“I have personal experience with the Zoning Board of Appeals. I sat through a few meetings. I think the current body could’ve been more helpful to current applicants,” said Bello.

Yet again Frigault resisted, “I sat on that board for three years and I think the board understands their role. I’m sorry you felt that they didn’t work with you well enough,” directed at Bello. “I think Richvalsky is the stronger of the two candidates.”

Bello acted as the voice for his group. “I’d like to see some new blood in there.”

But after losing the Richvalsky appointment with another 3-2 majority, Frigault and Seamon were swayed. 5-0 for Dick Johnson.