PUBLIC HEARING LOCAL LAW #1 OF 2005

SEWER USER AMENDMENTS

AUDIT & REGULAR TOWN BOARD MEETING

APRIL 14, 2005

5:30 PM

Members present:  Supervisor Belden, L. Megow, and R. Meola, R. Gladu and R. Patchett.

 

Supervisor Belden opened the audit meeting at 5:30 pm.

 

The Town Board reviewed General & Highway claims.

 

Public Hearing:.

 

Supervisor Belden opened the public hearing on sewer use amendments

 

The Town Clerk read notice of public hearing published April 1, 2005.

 

The Board provided a one page listing of changes.  Section 104 was changed to read, “The Septic Regulations of the Town of Hague enacted on 6/20/1998 shall remain in full force and effect as amended.”  Article 4 “Private Wastewater Disposal was deleted.”(Attachment to minutes).

 

Public comments were received.

 

Motion by  R. Gladu, and seconded by L. Megow to close public hearing at 6:30 pm.  All voting yes.  Motion carried.

 

Regular meeting opened at 6:30 pm.

Pledge Allegiance

Moment of Silence: Elton Rising, John Braisted.

Welcome Guests/Privilege of the floor:

-          Kaye Smith from UpState Agency reviewed UpState Agency insurance proposal.  She requested that the Highway Superintendent summit an inventory list of items at the Highway Garage.  A videotape of the items would also be helpful. 
 

-          John Goehrig:  Mr. Goehrig addressed the Board on his Sewer Rent Assessment for 2005.  He has been raised from 1 EDU to 2 EDU’s.  He explained that that the room above the garage is attached to the main house.  There is no kitchen facility.  The association will not let him rent the apartment.  Requesting a reduction to 1 EDU. However it was pointed out that the increase to 2 EDU was based on the fact that the space above the garage has a separate entrance, has a full bath and kitchen; in fact, it is an apartment.  Discussion followed.  Mr. Goehrig stated that the kitchen does not have a stove and that he will remove the sink.
Motion by Supervisor Belden, seconded by L. Megow to change Mr. Goehrig's Sewer Rent Assessment to 1 EDU providing the sink is removed from the apartment.
AYES:  Supervisor Belden, L. Megow, R. Gladu and R. Patchett.
NAYS:  R. Meola.
Motion carried.

-          Nelson Waters:  Mr. Waters raised concerns in regards to individual onsite wastewater systems needing approval from a professional engineer. 

-          Mr. Bailey, ZEO explained that this was only for certain projects:  The Town Board approved these changes sometime ago.  Individual onsite wastewater systems shall be designed or approved by licensed design professionals for all new or replacement wastewater systems.

                        a) Whenever a non-alternative septic system cannot be installed

b) Whenever the Town of Hague requires approval from other State        

      Agencies.

                        c) Whenever the slope of the existing natural land surface is greater than

                              15%.         

                        d) On all lawful non-conforming lots less than 1 acre.

                        e) When a variance is requested from the Local Board of Health

When additions to dwellings are proposed in above situations, which add additional bedrooms, the services of, a licensed design professional is required to evaluate the adequacy of the existing wastewater system.

 

Nelson Waters:  Mr. Waters also spoke against the Planning Board suggesting that the owner of a major subdivision give a percentage of acreage to the Land Conservancy.

 

Councilman Meola agreed with Mr. Nelson Waters and would like the Town Board to draft a letter to the Planning and Zoning Boards to try an provide a balance.  The Boards must to consider only the regulations in the manual, personal issues play no role in the decision making process.

Motion by R. Meola, seconded by R. Patchett to send a letter of guidance to the Planning and Zoning Boards and to provide them with some direction.
AYES:  Supervisor Belden, R. Meola, R. Patchett, R. Gladu and L. Megow.  Motion carried.

 

Judy Stock: Ms. Stock has attended the majority of the Planning & Zoning Board meetings.  The Boards job is not easy.  More help and support would be much better.

 

-           Sean Lobdell:  Mr. Lobdell addressed the Board on the zoning violation on Yaw Road.  He stated that this violation has been in effect since 1994.  The Town has spent $600.00 to $700.00 in on counsel fees.  What is the status of the violation?

-           

-          Supervisor Belden explained that Attorney McNally is still preparing the necessary papers for the case.  Mr. Lobdell will be kept informed as developments occur.

 

 

Motion by L. Megow, seconded by R. Gladu to pay Warrant #4 of 2005 in the amount of $45,051.84.  All voting yes.  Motion carried.

 

Motion by L. Megow, seconded by R. Meola to approve minutes of 03/08/2005 as printed.  All voting yes.  Motion carried.

 

BID OPENINGS:  Insurance Bid opened 4/1. Lights for Rt. 8 opened 4/11, Dodge Truck opened 4/14, 2005.

 

REGULAR COMMITTEE REPORTS:

 

  1. ASSESSOR & JUSTICE (Gladu/Meola):  Councilman Gladu reported that the Assessor is working at maintaining a 100% equalization rate.
     
    Councilmen Meola & Megow met with Mr. Turner, Executive Director of Silver Bay Association, to review and negotiate the renewing of the 5-year assessment agreement with SBA in which they have been paying money in lieu of taxes. Silver Bay Association has come back with a proposal, which needs to be discussed among the Board in executive session.

    Motion by R. Meola, seconded by L. Megow to enter into executive session at the end of the regular agenda to discuss Silver Bay Associations proposal.  All voting yes.  Motion carried.

2.         BUILDINGS & GROUNDS (Megow/Patchett):  Councilman Megow reported that there would be a few more contractors stopping at the Community Center to reviewing the water runoff problem and mold problem in the basement. 

 

3.         CARE PROGRAM  (Patchett/Megow):  Councilman Patchett reported that Sheryl Bailey would accept income tax returns verses bank statements for eligibility participation from younger people.  The hours of operation are Thursday 1 pm to 2 pm.  She is in need of shelving and an access ramp. 

 

4.         FINANCE (Megow/Meola):  Councilman Gladu reported that the financial software program is almost complete.  Many thanks to Diane Trudeau and Charlene Schaffer for all of their work.

           

5.         FIRE DEPARTMENT (Gladu/Patchett):  Councilman Gladu reported that the Fire Dept. would still like to be part of the Hague web. The Fire Department will issue the Town a financial statement soon. 

6.         HIGHWAY DEPT.  (Megow/Gladu):  Superintendent Smith reported that sweeping of the roads will begin soon.

7.         INSURANCE (Meola/Gladu):  Report on bids under Unfinished business.

 

8.         MUSEUM  (Meola/Megow):  Councilman Meola reported that the Committee is trying to reduce cost of the extension of the Clifton West Museum.
 

9.         PERSONNEL (Meola/Patchett):  The committee has been working on the workmen’s compensation portion of the Employee Manual.  Upon completion, a draft has been be given to the Board members.

 

10.       PLANNING/ZONING/STORMWATER (Gladu/Patchett): 

            Mr. Bailey, ZEO reported that 15 new permits were issued in Feb/Mar of 2005.

            The application for a variance still needs to be submitted from the Fire Dept.

            There will be a conference conducted at the Hague Community Center 5/2 to review Planning and Zoning requirements.

           

Supervisor Belden will contact D. Wick to discuss the possibility of installing a cement catch basin by Art Hatfield’s.

           

11.       RECREATION & PROMOTION (Gladu/Patchett):  Councilman Gladu reported that the Hague calendar of events is posted on the web site. 

 

12.       SEWER (Belden/Megow): Supervisor Belden reported that the punch list is being addressed.  He will be meeting with Bill Lamy on May 20th to review both north and south sites for line extensions.

 

13.       TOWN PARK (Meola/Gladu):  The has been a problem down at the beach and in Town with youths skate boarding, resulting in some minor vandalism.  Supervisor Belden and members of the audience agreed that there is a problem.  The youth skateboarding by Overbrook Road and one day someone is going to get hurt.

            Motion by R. Meola, seconded by L. Megow to send a letter to the youths parents voicing our concerns with the skateboards. 

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

Motion carried.

 

14.       TRANSFER STATION (Megow/Patchett): Report under Unfinished business.

 

15.       YOUTH (Meola/Gladu):  There were 16 to 18 students signed up for the on Youth Leadership conference conducted at ACC on March 31, 2005 for Warren County Youths was canceled due to a conflict with another activity at Ticonderoga School. Approximately 11 students had signed up.

MUSIC IN THE PARK SCHEDULE FOR 2005

7/6       Silver Bay String Quartet

7/13     Rick Bolton & Sharon Dwyer

7/20     Nelson Shapiro

7/27     Tom LaPointe

8/3       Norma Strong School of Dance

8/10     Gary Finney New Yorker

8/17     Stan Burdick – Square Dancing

8/24     Mary Jo von Tury & Dwinal Smith

 

UNFINISHED BUSINESS

 

1.         Two proposals were received for insurance coverage
            UpState Agency:        $25,657.40

            Cool Insurance:           $29,985.00

Motion by L. Megow, seconded by R. Gladu to accept UpState Agency bid of $25,657.40 for insurance. Term to expire 5/1/2008.

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

Motion carried.

 

2.         Motion by L. Megow, seconded by R. Meola to have Clean-up Day June 7 & 8 of 2005.  Casella Waste will operate and accept items from Town of Hague residents.  All senior or disabled residents that need items picked up, must call the Community Center for Highway pick up and have the items located outside by the main road prior to Friday the7th of June.

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

 

3.         Motion by L. Megow, seconded by R. Patchett to renew Casella Waste contract, effective June 1, 2005 for 1 year.  The contract will reflect the new hours stated and an increase of .50 cents for bags.  The Town will receive $700.00 for rent of the building and use of the backhoe.

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

NAYS:  R. Gladu.

Motion carried.

 

 

COMMUNICATIONS & PETITIONS:

 

 

NEW BUSINESS:

 

1.         Motion by R. Meola, seconded by R. Gladu that the Town Board acting as the Board of Health will hold a public hearing on May 10, 2005 at 6:15 pm on Scully’s request for Wastewater variance (93.8-1-14). 

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

Motion carried.

 

 

2.         Two proposals were received for the pruning of trees at the Town Park.

            Richard Sears Tree Experts:    $1,800.00

            North Country Landscape:     $750.00

 

            Motion by R. Meola, seconded by R. Gladu to accept North Country Landscaping proposal for pruning trees at the Town Park in the amount of $750.00. 

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

Motion carried.

 

3.         Three proposals were received for equipment for streetlights for Route 8 Streetscape.

            ASKCO:                     $36,525.00

            Warren Electric:          $36,526.18

            Glens Falls Electric:    $33,700.00

            Motion by R. Patchett, seconded by R. Meola to accept Glens Falls Electric proposal for equipment for streetlights in the amount of $33,700.00.

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

            Motion carried.

 

4.        

RESOLUTION #40 OF 2005

 

WARRANT FOR COLLECTION OF SEWER USER FEES FOR THE YEAR 2005

 

 

Resolution introduced by R. Patchett, and seconded by R. Meola.

 

RESOLVED, that the Warrant amount to be collected for Sewer User Fee’s for the Town of     Hague District #1 be as followed:

 

Sewer Fee’s for fiscal year 1/1/05 – 12/31/05 271.20 EDU’s             $108,480.00 to be collected.

And be it further

 

RESOLVED,  that the Sewer Collector is hereby ordered to receive and collect the above amount.  Ten percent (10%) will be added to unpaid fee’s received after July 31, 2005.  The last day of payment is October 31, 2005, thereafter all unpaid sewer fee’s will be sent to Warren County for collection.

Duly adopted by the following vote:

 

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

NAYS:  None.

Motion carried.

 

 

           

5.         RESOLUTION #41 OF 2005

 

CHANGES OF SEWER RENT ASSESSMENT

 

Resolution introduced by Supervisor Belden, and, seconded by R. Meola.

 

Account Number

Name

Tax Parcel

Current Rate

Change

Rationale

107

O’Rourke

42.12-1-10

20%

1 EDU

Family Residence

185

Platt

42.12-1-37

20%

1 EDU

Family Residence

202

Schultz

43.5-1-21

20%

1

Family Residence

 

 

DULY ADOPTED BY THE FOLLOWING VOTE:

 

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

 

NAYS:  None.

Motion carried.

           

6.         Motion by Supervisor Belden, seconded by L. Megow that the Town Board will arrange for the following for the Memorial Day Parade on May 28, 2005.

            Obtain permission from D. Darrin to use his lot across from the beach for parking.

            Obtain permit to erect a canvas road banner across Rt. 9 on May 10, 2005

            Arrange road closings – Rt8 from Decker Hill down to 9N 1 pm to 3:30 pm and Rt. (N from Dodd Hill to Rt. 8 from 2 pm to 3:30 pm.

            Request traffic control from Sheriff

            Boat Launch closed from 1 pm to 4 pm.

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

Motion carried.

 

7.         Motion by R. Gladu, seconded by L. Megow that the Town Clerk/Tax Collector has permission from the Town Board to move the Tax Collectors Account from Evergreen Bank in Bolton Landing to Glens Falls National Bank in Ticonderoga, New York. 

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

Motion carried.


8.         RESOLUTION #42 OF 2005

Resolution in support of a 2-week test period & burning of processed rubber by Ticonderoga International Paper Company.

Resolution introduced by R. Meola, and seconded by R. Patchett.

 

WHEREAS,     the International Paper Company owns and operates a paper mill in the town of Ticonderoga, New York that currently employees approximately 845 residents of Essex and the surrounding counties, and

 

WHEREAS,     the employment of these people at the mill as well as the many loggers and other businesses that are dependent upon the operation of the paper mill to derive their livelihood is critical to the economy of Ticonderoga and the surrounding area including Warren County, and

 

WHEREAS,     International Paper desires to contain their rising cost of fuel needed to operate, and have invested over 3-million dollars into a new boiler with the intention of burning processed rubber, and

 

WHEREAS,     the New York State Department of Environmental Conservation has permitted International Paper to conduct a two-week test period to burn processed rubber and analyze the results, and

 

WHEREAS,     the congressional representatives of the State of Vermont have solicited the regulatory power of the Federal Environmental Protection Agency to prevent the two- test period as well as any burning of processed rubber. Now therefore be it

 

RESOLVED,    that the Hague Town Board request the assistance of our congressional representatives to facilitate the removal of obstructions by the Environmental Protection Agency and the State of Vermont to allow the permitted two-week test period and the continued burning of processed rubber in an effort by International Paper to contain rising fuel costs enabling the continued operation of the paper mill in Ticonderoga and the continued employment of our residents, and be it further

 

RESOLVED,    that the Clerk of the Town of Hague be, and hereby is authorized and directed to forward copies of this resolution to Senator Charles E. Schumer; Senator Hillary Rodham Clinton; Congressman John Sweeney; Governor George E. Pataki; Senator Elizabeth O’C. Little; and Assemblywoman Teresa Sayward.

 

DULY ADOPTED BY THE FOLLOWING VOTE:

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

NAYS:  None.  Motion carried.

 

9.         Motion by R. Patchett, seconded by R. Meola to appoint Tim Costello as Waste Water Treatment Plant Operator with a increase in salary of $1,500 for the 2005 year.  Effective May 1, 2005.

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

NAYS:  None.

Motion carried.

 

 

10.       Motion by Supervisor Belden, seconded by L. Megow to grant permission to Tim Costello and Mike Fitzgerald to attend conference in Saratoga on May 5/2 – 5/3 2005.  All voting yes.  Motion carried.

 

11.       Motion by R. Meola, seconded by R. Patchett to appoint Martin Fitzgerald II to the Zoning Board of Appeals.  Term to expire 12/31/2005.

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

NAYS:  None.

Motion carried.

 

12.       One bid was received for the Dodge Ram truck. 

Motion by Supervisor Belden, seconded by R. Meola to reject the bid on the Ford truck and re-advertise. 

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

NAYS:  R. Gladu.

Motion carried.

13        RESOLUTION #43 OF 2005

 

RESOLUTION ADOPTING LOCAL LAW #1 OF 2005

SEWER USE AMENDMENTS

 

Resolution introduced by R. Gladu and seconded by L. Megow.

 

WHEREAS,   the Hague Town Board adopted Local Law #3 of 2002 entitled Sewer Use on November 14, 2002, and

 

WHEREAS,   the attached changes were recommended to update the Sewer Use Local Law, and

 

WHEREAS,   the Hague Town Board held a public hearing on April 14, 2005 at 6:00 pm at the Hague Community Center to hear all for or against the amendments to Sewer Use Amendments Local Law #1 of 2005, notice of public hearing being published on April 1, 2005 in the Post Star, Now Therefore be it

 

RESOLVED,  that Local Law #1 of 2005 entitled Sewer Use Amendments be adopted and filed with the Department of State.

 

DULY ADOPTED BY THE FOLLOWING VOTE:

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

NAYS:  None.

ABSENT:  None.

Motion carried.

 

14.     RESOLUTION #44 of 2005

Resolution in favor of School Tax Reforms

Resolution introduced by R. Gladu, and seconded by L. Megow. 

 

WHEREAS the residents of the Town of Hague have collectively considered the local issues of greatest concern to them and identified high property taxes as one of the highest priority among them; and

 

WHEREAS funding for local governmental services, including public education, is provided primarily through a tax on the estimated value of property; and

 

WHEREAS the welfare of Hague homeowners is jeopardized by the rapid increase in the costs of public education and the inability of many homeowners to pay these increased costs; and

 

WHEREAS the increasing burden of public education on taxpayers also impacts on the ability to raise other taxes to provide services and to fund Town-specific and local initiatives important to the well being of the community.

 

THEREFORE, the Town Board of the Town of Hague appeals to New York State public officials to implement new measures for financing public education, including the following suggested actions:

 

1) Develop legislation that would provide for a gradual transition to full state funding of education to eliminate the irrational reliance on property values as a criterion for school budget decisions.  This is in the best interests of the schools as well as the taxpayers.

 

2) As an interim measure, revise state aid formulas to increase the weight given to income -- as opposed to property values -- as the criterion for a district's perceived "ability to pay".

 

3) Refrain from imposing state mandated requirements upon school systems without corresponding state funding.

 

4) Adjust the formulas on revenues earmarked as aid to education from state lottery and other future gaming activities so that the annual percentage is substantially increased from current levels.  

    

5) Maintain the enhanced STAR exemption for the town's neediest citizens, but also increase the STAR exemption (or other property tax relief measures such as the circuit breaker) for senior citizens specifically at ALL income levels.

 

6) Recapture lost tax revenue from the above actions through the income tax and/or sales tax.

 

RESOLVED that the following recommendations be submitted to United State Senators Hillary Rodham Clinton and Charles E. Schumer, New York  Senators Elizabeth O’C Little, and Majority Leader Joseph Bruno, New York State Assembly Representative Teresa Sayward and State Assembly Speaker Sheldon Silver, and Governor George Pataki, on behalf of the citizens of Hague urging their immediate attention.

 

DULY ADOPTED BY THE FOLLOWING VOTE:

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

NAYS:  None.

ABSENT:  None.

Motion carried.

 

15.       Motion by R. Patchett, seconded by R. Meola to accept the request of the use of the Community Center on 7/16 – 7/17, 2005 for the Annual antique Show.  All voting yes.  Motion carried.

 

16.       Motion by Supervisor Belden, seconded by R. Meola to change #29 classification   in Sewer District #1 User Schedule to read “Haulers-PU outside of district in Town .03 cents/gal.

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

 

17.       The Town Board tabled Resolution authorizing Municipal Banking until further review.

 

Motion by R. Meola, seconded by R. Patchett to adjourn meeting at 8:45 pm.  All voting yes.  Motion carried.

 

 

Respectfully submitted,

 

 

 

Deborah F. manning

Town Clerk