AGENDA

HAGUE TOWN BOARD AUDIT & REGULAR MEETING

DATE: August 12, 2008

6:00 PM

Call to Order & Pledge of Allegiance:

Moment of Silence: Grant Manning, John Meola, Dorothy Johnson.

Welcome Guests/Privilege of the floor:

A petition was presented by Arthur Hatfield containing 29 pages requesting that the Town Board increase the maximum amount proposed to be expended for Sewer District No.2 pursuant to Town Law 202-d(1).

Linda Mury: Questioned Councilman Meola's letter published in the Times of Ti.

Jim Nutt of Green Acres Trailer Park: He has had yellow multi-use stickers for the beach and boat launch that he purchased years ago. No one has ever notified him that there was a change in policy and that the yellow stickers were invalid.

Councilman Meola replied that when the green multi-use stickers were issued some ten years ago, they replaced all previously issued stickers. The Park Ordinance states that only property owners and residents of the town can obtain stickers which permits free launching. A resident is defined as a person who owns property or is a registered voter in the Town of Hague. The Town does not sell stickers; it simply issues them to each resident.

Supervisor Belden explained that the Town use to sell those years ago and they should be honored for the rest of the season.

Motion by R. Gladu, seconded by E. Frasier to honor the yellow stickers for the remainder of the summer. The Park Committee will review the procedures and will come back with a written recommendation to the Town Board on the issuance of tickets. AYES: Supervisor Belden, R. Gladu, E. Frasier, and M. Martucci. NAYS: R. Meola. Motion carried.

Steve Ramant: Questioned if the fencing came in for the cemetery on Pine Orchard Road.

Supervisor Belden stated that it was delivered today.

Discussion of Bills: Motion by E. Frasier, seconded by M. Martucci pay General & Highway Claims audited at tonight’s meeting.

Motion by R. Meola, seconded by R. Gladu to approve minutes of July 8, July 15, and July 16 as printed. All voting yes. Motion carried.

Regular Committee Report:

1. Assessor & Justice (Gladu/Meola): Councilman Gladu reported that we will know the School Tax rate by the 19^th of August. Thanks were given to David Martucci for all of his work on Sewer District #2. Councilman Gladu reported that the Assessor has completed all course requirements with 7 credits to be completed by the end of September. This will put him in compliance with his continuing education requirements which needed to be complete by 9/30/08 per letter dated 7/2/08 from the Office of Real Property.

The Justice has been working on completing the backlog. Transferring data to OFC has still been an issue. Councilman Gladu will try to work on fixing this problem.

Councilman Meola mentioned that the Town’s Justice Books have not been audited. We need to have this completed. A letter needs to be sent to the state.

Motion by Supervisor Belden, seconded by E. Frasier to give Councilman Gladu permission to attend the August 22 meeting in Lake Placid on Undervaluation of State Land. All voting yes. Motion carried.

2. Buildings & Grounds (Martucci/Frasier): Councilman Martucci will be sending out RFP’s for painting around windows, trims, and replacement of decks at the Community Center. The new censor for the fuel tank should be here soon. There were no leaks in the tank. The air conditioner unit has been installed.

3. Enhancement Committee (Frasier/Meola): Councilwoman Frasier will meet with Elan Planners to discuss the plans for Brookside Park on Thursday August 14, 2008.

4. Finance & Insurance (Frasier/Martucci): Councilwoman Frasier is waiting to hear from Mr. Dinalfo, the private the auditor who was hired in June to audit the towns books. He is scheduled to begin in September.

5. Fire Department (Gladu/Martucci): Councilman Gladu reported on the Fire Boat. The Fire Departments Steak Bake was a success.

6. Highway (Martucci/Gladu): Councilman Martucci reported that Pine Orchard and Terrace Road have been paved. The culvert work is completed on Battle Hill. The catch basin has been cleaned on Pine Cove Road.

Councilman Meola mentioned that back on April 30, 2008 a complaint was filed on a person at the Highway Department. His concern is that the complaint was never answered. Councilman Martucci will address this, but feels since the person who filed the complaint never showed up to the personnel committee meeting on this issue, it is hard to write a response.

7. Museum & Historian (Frasier/Meola): Motion by E. Frasier, seconded by R. Gladu to authorize the Historical Society to purchase a computer, scanner printer, and software for $2,991.92. All voting yes. Motion carried.

8. Personnel (Frasier/Gladu): Councilwoman Frasier reported that two people have been interviewed for the clerical person position. There is one other applicant that will be interviewed.

9. Planning/Zoning/Stormwater (Gladu/Meola): Motion by R. Gladu, seconded by E. Frasier to accept Donna Charbonneau’s resignation from the ZBA with regrets. All voting yes. Motion carried. The applications will be taken to fill this vacancy.

10. Recreation Promotion & Youth (Meola/Martucci): Councilman Meola reported that Margaret Sing, Warren County Youth Bureau will meet with him at the Community Center to review the Silver Bay Associations summer program and then will visit the program at the SBA campus.

11. Sewer Dist. #1 & #2 (Belden/Frasier): No report.

12. Town Park (Meola/Martucci): Councilman Meola has placed two crosswalk signs down by the Park. One of the Town’s lifeguards will be leaving this week for college. Jamie Patchett will be the only lifeguard for the remainder of the summer season. Silver Bay Association has no one available and attempts to secure replacement lifeguards have been unsuccessful.

A discussion on people drink in the park and how hard it is to police. Questions were raised on hiring of a part time police for the summer. Supervisor Belden will review and appoint a committee at next months meeting.

13. Transfer Station (Martucci/Gladu): Councilman Gladu stressed the need to have the gates fixed at the Transfer Station. Councilman Martucci will call to find out what type of gate is needed.

UNFINISHED BUSINESS:

1. RESOLUTION #60 2008

RESOLUTION ADOPTING LOCAL LAW #ENTITLED “A Local Law Regulating Noise In The Town of Hague.”

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

WHEREAS, a notice of said public hearing was duly published in the official newspaper of the Town and posted as required by law on June 27, 2008, and at a public hearing held on July 11, 2008, all citizens had an opportunity to comment on the proposed local law, and

WHEREAS, the Town Board duly held a public hearing on July 11, 2008, pursuant to Resolution #51 of 2008, dated April 24, 2008, NOW THEREFORE BE IT

RESOLVED, that the Town Board hereby adopts Local Law entitled a Local Law Regulating Noise in the Town of Hague, subject to being approved by the qualified voters of the Town of Hague at the general election to be held on November 4, 2008, AND BE IT FURTHER

RESOLVED, that in the event that Local Law entitled a Local Law Regulating the Noise in the Town of Hague is approved by the qualified voters of the Town of Hague on November 4, 2008, the Town Clerk shall file the Local Law with the Secretary of State or and take other appropriate actions as required by law.

DULY ADOPTED BY THE FOLLOWING VOTE:

AYES: Supervisor Belden, R. Meola, R. Gladu, E. Frasier, and M. Martucci. Motion carried.

2. RESOLUTION #61 OF 2008

RESOLUTION TO HOLD A PUBLIC HEARING ON PROPOSED LOCAL LAW ENTITLED, “A Local Law of the Town of Hague defining disturbing of the peace and establishing requirements, pursuant to §130(9) of the New York State Town Law, for the keeping of dogs and the restraining of dogs from running at large within the Town limits, prescribing penalties for violations and repealing the Dog Control Ordinance adopted by the Town of Hague on 7-11-1978

Resolution introduced by R. Meola, seconded by R. Gladu

RESOLVED, that the Town Board of the Town of Hague will hold a public hearing on the 9 day of September, 2008 at 6:00 pm at the Hague Community Center on proposed Local Law entitled “A Local Law of the Town of Hague defining disturbing of the peace and establishing requirements, pursuant to §130(9) of the New York State Town Law, for the keeping of dogs and the restraining of dogs from running at large within the Town limits, prescribing penalties for violations and repealing the Dog Control Ordinance adopted by the Town of Hague on 7-11-1978, and be it further

Duly adopted by the following vote:

AYES: Supervisor Belden, R. Meola, R. Gladu, and M. Martucci. Motion carried.

3. The Town Board wishes to table the action for the hiring of a consultant to promote the Town of Hague.

4. After a long discussion it was motioned by R. Gladu, seconded by E. Frasier to change the hours of the Assessor to Monday’s 10:00 am to 2:00 pm and that he will also be available by appointment. Field work and other requirements per job description will continue as per current job description. AYES: Supervisor Belden, E. Frasier, R. Gladu. NAYS: R. Meola. Abstain: M. Martucci. Motion carried.

5. Clerical Clerk Position tabled.

COMMUNICATIONS & PETITIONS:

1. The Hague Senior Citizens Club, Inc.: Memorial Day Celebration Financial Statement has been submitted.

2. There will not be a Primary Election in the Town of Hague. General Election is scheduled for November 4, 2008.

3. Motion by R. Meola, seconded by R. Gladu to give Scott Keller, Trails, and Special Project Coordinator for NYS Hudson River Valley Greenway permission to use f the Town Park on June 30, 2009. Group of 50 kayaking would like to set up tents at the Park for one night. They are willing to set up their own porta potties. All voting yes. Motion carried.

NEW BUSINESS:

1. RESOLUTION #62 OF 2008

RESOLUTION TO HOLD PUBLIC HEARING ON THE CABLE TELEVISION FRANCHISE AGREEMENT

RESOLUTION INTRODUCED BY E. Frasier, and SECONDED BY M. Martucci

RESOLVED, that the Town Board of the Town of Hague will hold a public hearing on the 9th day of September 2008 at 6:15 pm at the Hague Community Center, 9793 Graphite Mountain Road, Hague, NY, regarding renewal of the cable television franchise agreement by and between the Town of Hague and Time Warner Entertainment-advance/Newhouse Partnership d/b/a Time Warner Cable.

A copy of the agreement is available for public inspection during normal business hours at the Town Clerk’s office. At such public hearing all persons will be given the opportunity to be heard.

DULY ADOPTED BY THE FOLLOWING VOTE:

AYES: Supervisor Belden, E. Frasier, M. Martucci, R. Meola, and R. Gladu. Motion carried.

2. Motion by R. Meola, seconded by R. Gladu to authorize the purchase of a bed liner for new Ford truck from Warren Ford for $225.00 includes labor. All voting yes. Motion carried.

3. RESOLUTION #63 OF 2008

RESOLUTION OF TOWN BOARD ORDERING PUBLIC HEARING ON PETITION

FOR INCREASE OF MAXIMUM AMOUNT PROPOSED TO BE EXPENDED FOR

SEWER DISTRICT NO. 2 PURSUANT TO TOWN LAW SECTION 202-d(1)

PRESENT: Daniel Belden, Supervisor

Edna Frasier, Town Councilwoman

Richard R. Gladu, Town Councilman

Mark Martucci, Town Councilman

Rudolph Meola, Town Councilman

In the matter of the petition of the owners of more than one-half of the assessed valuation of all the taxable real property situate in Sewer District No. 2 as shown upon the latest completed assessment roll of said Town and including resident owners in said Sewer District No. 2 owning taxable real property aggregating at least one-half of all the taxable real property of Sewer District No. 2 owned by resident owners according to the latest completed assessment roll established by the affidavit of the sole assessor, David R. Martucci, attached hereto and made a part hereof marked Exhibit A.

WHEREAS, a written petition dated August 12, 2008 has been presented to and filed with the Town Board of the Town of Hague praying that the land situate in the Town of Hague, Warren County, New York, which is located in the Town of Hague, County of Warren, State of New York outside of any incorporated village or city and wholly within the Town of Hague, and more particularly bounded and described as set forth in Exhibit B attached hereto and made a part hereof; and

WHEREAS, the maximum amount proposed to be expended for said district shall not exceed the sum of 6,550,000.00 including any applicable state or federal aid; and

WHEREAS, the amount proposed to be expended for said district shall be assessed, levied and collected from the several lots and parcels of land within said district in proportion as nearly may

class=Section2>

be to the benefit which each lot or parcel of land in said district will derive therefrom.

Now on motion of Supervisor Belden, seconded by Councilwoman Frasier, all members present voting therefore, it is

ORDERED that a meeting of the Town Board of the Town of Hague be held at the Hague Community Center, Town of Hague, on the 26th day of August, 2008 at 6:00 p.m. to consider said petition and to hear all persons interested in the subject thereof concerning the same, and for such other action on the part of the Town Board with relation to such petition as may be permitted and required by law, and it is

FURTHER ORDERED that the Town Clerk give notice of such hearing by publishing a certified copy of this order in The Post Star newspaper, being the Town’s official newspaper, the publication thereof to be not less than ten nor more than twenty days before the day set for the hearing as aforesaid and shall also cause a certified copy thereof to be posted on the sign board of the Town of Hague not less than ten nor more than twenty days before such hearing.

This resolution was duly adopted by the Town Board of the Town of Hague, New York, at its regular monthly meeting held on August 12, 2008 at the meeting of such board, its adoption having duly been put to a vote in public session.

DULY ADOPTED BY THE FOLLOWING VOTE:

AYES: SUPERVISOR BELDEN, E. FRASIER, M. MARTUCCI, R. GLADU, & R. MEOLA. Motion carried. (Boundary descriptions attached to the formal Resolution).

4. Pride of Ticonderoga, Inc. has asked the Town of Hague for a financial donation in the amount of $1,000 to assist in the administration of this program. The Board agreed to look into the legality of doing this and will discuss this at the next meeting.

5. Aaron Epling representative of the NYS Deferred Compensation Plan gave a brief presentation on deferred compensation.

RESOLUTION #64 OF 2008

ADOPTION OF THE STATE OF NEW YORK DEFERRED COMPENSATION PLAN

RESOLUTION INTRODUCED BY R. MEOLA, SECONDED BY R. GLADU.

WHEREAS, the Town of Hague wishes to adopt the Deferred Compensation Plan for Employees of the State of New York and other participating Public Jurisdictions (the “Plan”) for voluntary participation of all eligible employees; and

WHEREAS, the Town of Hague is a local public employer eligible to adopt the Plan pursuant to Section 5 of the State Finance Law* and

WHEREAS, the Town of Hague has reviewed the Plan established in accordance with Section 457 of the Internal Revenue Code and Section 5 of the State Finance Law of the State of New York, and

WHEREAS, the purpose of the Plan is to encourage employees to make and continue careers with the To9wn of Hague by providing eligible employees with a convenient and tax-favored method of saving on a regular and long-term basis and thereby provide for their retirement;

*A local public employer eligible to adopt the Plan pursuant to Section 5 of the State Finance Law includes: a county, city, town, village or other political subdivision as defined in Section 131 of the retirement and Social Security law or civil division of the State; a school district or other governmental entity operating a public school, college, or university; a public improvement or special district, a public authority, commission, or public benefit corporation; or any other public corporation, agency or instrumentality or unit of government which exercises governmental powers under the laws of the State.

NOW, THEREFORE BE IT

RESOLVED, that the Town of Hague hereby adopts the Plans for the voluntary participation of all eligible employees; and it is further

RESOLVED, that the appropriate officials of the Town of Hague are hereby authorized to take such actions and enter such agreements as are required or necessary for the adoption, implementation, and maintenance of the Plan; and it is further

RESOLVED, that the Administrative Services Agency is hereby authorized to file copies of these resolutions and other required documents with the President of the State of New York Civil Service Commission.

DULY ADOPTED BY THE FOLLOWING VOTE:

AYES: Supervisor Belden, R. Meola, R. Gladu, E. Frasier, and M. Martucci. Motion carried.

6. RESOLUTION #65 OF 2008

RESOLUTION TO AMEND THE 2008 BUDGET

RESOLUTION INTRODUCED BY R .Gladu, AND SECONDED BY E. Frasier

RESOLVED, that the Town Board amend the Town Budget for fiscal year 2008 by

Increasing Highway Estimated Revenues DA0 510 and Highway Consolidated Improvement Program Revenue DA0 3501 by $46,244.84 and increasing appropriations DA0 960 by $46,244.84 and CHIPS appropriations DA0 5680-100 by $2,200.00 and DA0 5680-400 by $44,044.84 for CHIPS FY 07/08 rollover monies and increase of 08/09 funding.

DULY ADOPTED BY THE FOLLOWING VOTE:

AYES: Supervisor Belden, R. Gladu, E. Frasier, R. Meola, and M. Martucci. Motion carried.

7. RESOLUTION #66 OF 2008

RESOLUTION FOR ACCEPTABLE TRAINING FOR PLANNING BOARD AND ZONING BOARD OF APPEALS MEMBERS FOR LOW IMPACT DEVELOPMENT

RESOLUTION INTRODUCED BY M. MARTUCCI, SECONDED BY R. MEOLA

WHEREAS, Town Law Sections 267 and 271, Village Law Sections 7-712, and 7-718, and General City Law 27 and 81 provide that effective January, 1, 2007, all planning boards and zoning board of appeals members in New York State, as well as alternate members of those boards, must complete a minimum of four hours of training each year, and

WHEREAS, the above sections of state law provide that a provide that a planning board or zoning board of appeals member shall not be eligible for reappointment to such board if they have not completed the training required by law; and

WHEREAS, the above sections of state law provide that the legislative body of the town, village and city specifies which activates qualify as training to satisfy the state requirements; and

NOW THEREFORE, be it

RESOLVED, that the following list of agencies, commissions, associations, universities, and other organizations are approved to provide training to meet the state requirements when the training they provide pertains to municipal planning, zoning, community design, environmental issues, economic development, and local government functions and practices;

1) the NYS Department of State; Department of Agriculture and Markets; Office of the State Comptroller; Department of health; Department of Transportation; Department of Environmental Conservation; Office of Parks, Recreation, and Historic Preservation; Hudson River Valley Greenway; and

2) the New York State Associations of Towns, The New York Conference of Mayors, the New York State Association of Counties, The New York Planning Federation, the American Planning Association, the Upstate New York Chapter of the American Planning Association and its sections, and the Metro New York Chapter of the American Planning Association and its sections; and

3) the Capital District Regional Planning Commission, Central New York Regional Planning and Development Board, Herkimer-Oneida Counties Comprehensive Planning Program, Lake Champlain-Lake George Regional Planning Board, Long Island Regional Planning Board, Southern Tier Central Regional Planning and Development Board, Southern Tier East Regional Planning Development Board, Southern Tier West Regional Planning and Development Board, Genesee-Finger Lakes Regional Planning Council, Hudson Valley Regional Council, Tug Hill Commission, and Adirondack Park Agency; and

4) The Warren County Planning Department (s); and Warren County Soil and Water Conservation districts; and

5) the Albany Law School Government Law Center and Institute for Legal Studies, Pace Law School, Cornell University and its cooperative extension, the Lake George Waterkeeper, The FUND for Lake George; and

6) on-line planning and zoning training programs offered by the New York Municipal Insurance Reciprocal, Pace University and Land Use Law Center, and the Lincoln Institute of Land Use Policy;

AND LET IT FURTHER be

RESOLVED, that other training activities may be approved on a case-by-case basis by the Town Board/Village Board of Trustees/City Council upon the request of a planning board or zoning board of appeals member; and be it further

RESOLVED, that any new member appointed to fill the last 3 months of a term shall not be required to have attended training to be reappointed to a first full term, but must thereafter comply with the municipal training policy as provided elsewhere herein; and be it further

RESOLVED, that training received by a planning board member or zoning board of appeals member in excess of four hours in any one year may be carried over by the member into succeeding years; and be it further RESOLVED that the town Clerk/Village Clerk/City Clerk/director of the Department of Planning shall create and maintain a system of tracking the training individual members complete annually; and such information shall be presented to the appointing authority prior to considering a member for reappointment.

DULY ADOPTED BY THE FOLLOWING VOTE:

AYES: Supervisor Belden, R. Meola, M. Martucci, R. Gladu, and E. Frasier.

Motion carried.

SUPERVISORS REPORT & COUNTY REPORTS:

1. Supervisor Belden reported that the County has been busy working on the Budget for 2009.

Other:

Councilman Meola would like to set up a meeting with the School Board, since there is a new president. Councilwoman Frasier disagrees with this. The State Comptrollers office told us once before that we should not be involved in the school boards issues. As private citizens we can attend School Board meetings.

ADJOURNMENT:

Motion by M. Martucci, seconded by E. Frasier to adjourn meeting at 8:30 pm. All voting yes. Motion carried.

Respectively submitted,

Deborah F. Manning, Town Clerk