SPECIAL TOWN BOARD MEETING

DECEMBER 30, 2004

3:00 P.M

PRESENT:  Supervisor Belden, Councilmen R. Meola, L. Megow and R. Gladu.

ALSO PRESENT: Richard Jones, Architect and his Associate, Mr. Dominick Viscardi, Town Attorney.

Supervisor Belden opened the meeting at 3:00 pm.  Mr. Jones, Architect, reviewed the discussions he had with the museum committee at a meeting on November 8 and asked for direction for the Town Board as to the scope of the space to be built.  Councilman Meola relayed a message from Jerry Crammond that the initial drawings should be of the larger building rather than the smaller size originally proposed.  It can be scaled back if necessary.  Mr. Jones suggested that it would be more cost effective if the museum would be housed as an extension of the Community Center toward the basketball court rather than in the rear of the building as originally planned.  This suggestion met with a favorable response from the Town Board.  Mr. Jones will have a preliminary design ready in 2-3 months for the Board and the Board of Trustees to review.

After bills were audited, they were approved on a motion by Councilman Meola and seconded by Councilman Megow.  Motion carried.

RESOLUTION #78   OF 2004

RESOLUTION TO BALANCE ACCOUNTS

RESOLUTION INTRODUCED BY L. Megow AND SECONDED BY R. Gladu

RESOLVED,  that the Supervisor is hereby authorized to make the necessary transfers

                        from line item to line item to balance out any overdrawn accounts at year

end.                            

DULY ADOPTED BY THE FOLLOWING VOTE:

AYES:  Supervisor Belden, L. Megow, R. Gladu and R. Meola.

Motion carried

The minutes of the agenda item of Local Law #1 of 2003 are summarized by the following discussion and recommendations provided by the Town Attorney Mr. Viscardi. 

With reference to Local Law #1 of 2003, a local law to control the maintenance of trash, rubbish, junk, unregistered motor vehicles, and junkyards, Town Code Enforcement Officer A. Graham Bailey requested a discussion by the Town Board of three junk issues with the advise of Dominick J. Viscardi, Town Attorney.  The items submitted by Mr. Bailey and the discussion which followed are as follows:

Item I:  Does the Town Board have the flexibility to administer and enforce the law as deemed appropriate?  (Provide assistance to those unable to pay, hire a contractor and bill the property owner).  It was the advice of the Town Attorney that the Town Code enforcement Officer only has jurisdiction to enforce the provisions set forth in the law and had no authority to go beyond such provisions.  Both Councilmen Lu Megow and Rudy Meola pointed out that although public assistance was available for the removal of junk cars by the use of funds made available to the Town, a number of town property owners with junk cars on their properties ignored the opportunity to have their junk vehicles removed from their properties.  The Town Attorney advised the Board that the Town had no authority to pay for those unable to pay or to hire a contractor and bill the property owner inasmuch as the Town Code Enforcement Officer’s authority is limited to those provisions of Local Law #1 of 2003. 

Likewise, the Town Attorney advised that some further options proposed by the Town Code Enforcement Officer were not available in enforcing Local Law #1 of 2003 such as sending a certified appearance notification to the landowner and let the local court deal with the problem as such is not provided in the law nor would it give the court jurisdiction of the issues raised as the law requires personal service of a citation before the Court can act on a complaint.

It was further pointed out by the Town Attorney that the Zoning Enforcement Officer for each town is required to pursue violations of the zoning code and subdivisions, regulations, sewer ordinance and related local laws and regulations through established enforcement procedures.  These procedures are set forth in the Town Code; the work is performed under the general direction of the Town Board in close cooperation with the Planning Board and the Zoning Board of Appeals.  In order to assist the Town Zoning Code Enforcement Officer, it was pointed out that he has discretion in a situation where a citation is served and upon the initial hearing before the Town Justice, he can obtain the consent of the landowner to remove the violation and in return discontinue the action against the landowner.  The Town Attorney summed up his remarks by stating that it is not the intention of the Zoning Code to penalize anyone but rather to obtain compliance with the provisions of the Zoning Code.

Item II:  Definitions of junk needs to be modified to include classes of items that the Town wants to have out of sight.  Also, if there are items presently defined as junk which the Town does not consider objectionable and within the intent of the law changes in language would also be appropriate.  The Town Attorney, in reviewing that section, concluded that at this juncture it was not necessary to modify the provisions of Local Law # 1 of 2003 as the legislative intent of the law and its provision were sufficiently broad to deal with the presence of junk on properties within the Town.

Item III:  Local Law # 1 has been codified as Chapter 128-Property Maintenance.  There is also a Section 160-57 Junk Automobiles.  This also carries different definitions.  This should be combined with Chapter 128.  Here again, the Town Attorney felt that the definitions set forth in Local Law # 1 entered as Chapter 128 of the Code of the Town of Hague entitles Property Maintenance does not depart from the language set forth in section 160-57 Junk Automobiles that it requires any need to be combined with Chapter 128.  The Town Attorney explained that it was permissible for both sections to co-exist as long as the language is clear and does not lead to confusion.  In view of the adoption of Local Law #1 of 2203, the Town Attorney advised if the Town wished Section 160-57 could be eliminated from the Town Code. 

Councilman Meola and Supervisor Belden informed the Town Board of the proposal from “Connection” to provide international students as lifeguards for the Town Beach for the 2005 season.  There is no commitment on the part of the Town only an indication of interest.  The Board agreed to pursue this. 

Motion by Supervisor Belden and seconded by Councilman Gladu to approve Mr. Bailey’s request to attend a 2 day conference for Arc View training at ACC.  Carried. 

Councilman Gladu informed the Town Board that plans are being finalized for the installation of RDA Software in Diane Trudeau’s office at a cost of $11,750.  Yearly maintenance fee of $2500.

Motion by Supervisor Belden, seconded by L. Megow to authorize the purchase of the RDA software at a cost of $11,750.  Yearly maintenance fee of $2,500.  All voting yes.  Motion carried.

Motion by R. Meola, seconded by L. Megow to adjourn meeting at 5:20 pm.  All voting yes.  Motion carried.

Respectfully submitted,

Deborah F. Manning, Town Clerk