Audit

5:45 pm

Public Hearings

6:00 pm

Dog Control Local law

Public Hearing

6:15pm

Cable Franchise agreement

HAGUE TOWN BOARD MEETING

September 9, 2008

6:30 pm

 

Members present:  Supervisor Belden, R. Gladu, R. Meola, and M. Martucci.

Absent:  E. Frasier.

Also present:  Attorney Viscardi.

Supervisor Belden opened the audit meeting at 5:45 pm.  The Town Board reviewed the Warrant.

Motion by R. Meola, seconded by M. Martucci to close the audit meeting at 6:00 pm.  All voting yes.  Motion carried.

 

Supervisor Belden opened the Public Hearing on Dog Control Local Law at 6:00 pm.

 

The Town Clerk read notice of publication on August 26, 2008 in the Post Star newspaper.

 

Linda Benway, DCO/ACO gave out photos of the dogs, showing the shelters.  When there are a lot of dogs, barking will become a problem.  The guide lines of the Dog Control Local Law should help control this problem.  She would like a No Grandfather Clause to be incorporated into the Local Law.

 

Ralph Denno explained to the Board that the Cole’s Dogs are barking anywhere between the hours of 4:00 am to 5:00 am and continue most of the day. 

 

Dick Latour also explained that two mornings ago they began barking at 3 am.  We are trying to be good neighbors but for the last 10 years we have listened to the dogs.  With the growth of the area.  Something needs to be done.

 

Hannah Cole:  The neighbors entice the dogs to bark by yelling and caring on.  I have bought new shelters for the dogs.  The dogs only bark during feeding time and when they see me leaving or coming home.

 

Myles Peterson asked why the fee for the noise local law is less than the dog control local law.

 

Attorney Viscardi agreed that the sum should be the same for both Local Laws.

 

Motion by R. Meola, seconded by R. Gladu to close the public hearing at 6:15 pm.  All voting yes.  Motion carried.

 

Supervisor Belden opened the Public Hearing on the Cable Franchise at 6:15 pm.

 

The Town Clerk read notice of publication on August 26, 2008 in the Post Star newspaper.

 

John Mucha, Director, Government Relations Time Warner Cable explained the Time Warner Cable Franchise Agreement.  The term will be for 15 years.  One of the new rules will be that standard cable plan will change from 35 homes per mile to 20 homes per mile for cable installation.

 

Mr. Mucha will get back to the Supervisor on when the completion of cable lines on New Hague Road and Decker Hill will be.  

 

Motion by R. Meola, seconded by M. Martucci to close the Public Hearing at 6:30 pm.

All voting yes.  Motion carried.

 

Supervisor Belden opened the regular Town Board meeting at 6:30 pm.

 

Moment of Silence:  Ethel Gunther, Graham Michael.

 

Welcome Guests/Privilege of the floor: 

George Ianson brought up the issue on what is allowed in the Town Code as far as the renting of single private family residences.  Presently the code does not allow the renting of private residences in 8 of the 13 Zoning Districts.  Mr. Gladu stated that he is in the process of providing a recommendation on the issue.  Mr. Meola stated that when he became aware of these restrictions in 2002 he moved to have them removed from the code by deleting Appendix E from the code. 

Section 160-73 provides for a way to amend Article XIII.

 

Supervisor Belden explained that the Board passed a resolution to remove Appendix E from the Zoning Code but it was never approved by the APA. 

 

Councilman Gladu will have the committee reconvene to review the rentals of homes in the Town.  He will report on this at the next Town Board regular meeting.

 

Councilman Meola stressed that section 160-73 process needs to be followed.

 

Bob Schwarz reported on the unfairness and imbalance of the Ticonderoga School Taxes.  There was a meeting at the Hague Fire House with approximately 50 people attending.  He would like more private citizens in the Town of Hague to help him in this endeavor.  He is in hopes of meeting with Superintendent McDonald on this issue.

 

Motion by M. Martucci seconded by R. Meola to draw warrant on the Supervisor to pay general, highway and sewer bills.  All voting yes.  Motion carried.

 

Motion by R. Meola, seconded by M. Martucci to approve minutes of 8/12/08 and 8/26/2008 with changes to page 9 of 8/26/08 (Each residence or EDU will pay an annual user fee and an annual capital payment.  Underdeveloped lots will pay an annual fee of 20% of the user fee and an annual capital payment.).  All voting yes.  Motion carried.

 

Supervisor Belden also reported that the engineering cost of the sewer district #2 increased from $497,000 in 2006 to $598,000 in 2008 was partially due to change orders.  Installation of the pipe was one change order and re-routing of Friends Point was another.

 

Regular Committee Report:

1.  Assessor & Justice (Gladu/Meola):  Councilman Gladu reported that the Justice office as completed the data entry from the back months and has sent the reports to the State.  A letter was received from the State Comptroller stating this.

ORPS has new requirements.  The total amount of property exemptions needs to be included in the Budget document.

 

2.  Buildings & Grounds (Martucci/Frasier):  Councilman Martucci reported that the proposal is in place for the replacement of ramps and decks at the Community Center.  Mr. O’Leary would like to do this work for the Town.  He is on the payroll and is only part-time at the Sewer Plant.  The Board will check into this further.

 

Motion by R. Meola, seconded by M. Martucci to send notice to the newspaper asking for sealed RFP’s on the proposed ramp by September 30, 2008.  All voting yes.  Motion carried.    

 

Councilman Gladu would like to have something done to improve the acoustics in the main room. 

 

The Board will have Mike Manning paint the trim on the outside of the Community building.

3.  Enhancement Committee (Frasier/Meola): No report.

 

4.  Finance & Insurance (Frasier/Martucci):  The independent auditor will be meeting with the full Board on September 16, 2008 at 10:00 am.

 

5.  Fire Department (Gladu/Martucci):  Councilman Gladu reported that the Fire Dept. will have their budget report ready for the Town Boards review.  The Fire Boat has been ordered.

           

6.  Highway (Martucci/Gladu):  Superintendent Smith reported that the Department has completed the paving projects.  Sand is being stored and we have been cleaning the culverts.

            RESOLUTION #70 OF 2008

RESOLUTION TO AMEND THE 2008 HIGHWAY BUDGET

RESOLUTION INTRODUCED BY M. Martucci, AND SECONDED BY R. Gladu.

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

Decreasing Highway Item III Machinery Equipment DA0 5130.210 by $6,000 and increasing Highway Item III Machinery Contractual Expenses DA0 5130-400 by $6,000.00. 

DULY ADOPTED BY THE FOLLOWING VOTE:

 

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

 

The Board will review the need of a new truck at Highway.  Wait until the 2009 State Bids.

 

Supervisor Belden told the Board that the specifications for the truck must be open to allow all representatives to bid.  Bids can be over drawn to just allow one company to submit bids based on specification.

 

Councilman Gladu reported that the maintenance schedule is in place at the Highway garage.  Everything is checked prior to driving each day.

 

There were four catch basins in Pine Cove that were flushed out, but they are full again.  A ditch needs to be dug by the Kennedy property to help elevate the situation. 

 

Discussion on the salt and sand bid was brought up.  Next year we will ask for sealed bids. 

 

7.  Museum & Historian (Frasier/Meola):  The Historical society sent a letter thanking the Board for the fence for the Cemetery on Pine Orchard Road.  They also thanked the Highway Dept. for all of their help.  The remaining fence will be stored up at Highway.

 

8.  Personnel (Frasier/Gladu):   Councilman Gladu reported that three people were interviewed for the part time clerk position.  Motion by R. Gladu, seconded by M. Martucci to hire Kim Coffin to the position of part-time clerk on a 90 day probationary period at $10.00 per hour @ 20 hours a month.  All voting yes.  Motion carried.

 

9.  Planning/Zoning/Stormwater (Gladu/Meola): Motion by R. Gladu, seconded by M. Martucci to give permission to one Planning, Zoning, and Highway Dept. member to attend the 2008 North Country Stormwater Tradeshow and Conference on Thursday, October 16, 2008 at the Roaring Brook Resort, Lake George, NY ($50.00 each).  All voting yes.  Motion carried.  Chris Navitsky, LG Waterkeeper reported that two registrations from the Town will be free.

The Fund for Lake George has been working with Towns on creating a data base of information on zoning applications.  They have begun work in Bolton and Lake George.  Chris will set a meeting up with the Town Board to discuss this further.

 

 

 

ZONING REPORT TO TOWN BOARD

SEPTEMBER 9, 2008

 

·         Permits Activity                                        Month             YTD              

Land Use Development                             5                      59                               

Site Plan Review                                        1                      9                                 

Subdivisions                                               0                      3                     

Variance                                                     1                      9                                 

Wastewater                                                0                      6                                 

Wastewater Variances                                0                      0                       

                                                                                       

·         Planning Board: September 4, 2008

     Ej Siwek, Bruce Clark, Pam Peterson, Martin Fitzgerald Sr.,

     John Brown, Rolly Allen in attendance.  Absent: Dick Frasier

Reviewed a four lot subdivision in the Hamlet.  Approved a 2,367 sq. ft. addition to an existing house with the condition that native vegetation buffer be installed within 35’ of the lake.  A Site Visit is

 

·         Zoning Board:  August 28, 2008 In attendance: Robert Goetsch,  Bill Pittman,  Lindsay Mydlarz, Martin Fitzgerald II, & George Ianson.  Absent: Glenn McKee  One Vacancy

      The Board approved two additions to non-conforming houses, with conditions.  They have asked for a survey to be completed of a property on Lakeshore Drive, so they may see boundary line stakes.  A Site Visit was conducted on Sept. 4th @ 6:00 pm of a new application.

 

 

·         Zoning Violations: A hunt camp was built without necessary permits.  Owner is in the process of applying for after-the-fact permits with the Town and the County. 

·         Other Issues: Junk I am currently working with three home owners on cleaning up their property.

·         Two noise complaints received.

·         Vacancy – one vacancy on the ZBA.

·         Permission to attend NYPF Conference on Tuesday, Oct. 14 in Saratoga Springs. Cost $125.00, if registered before Sept. 15th

·         RPI Coliform Testing for the 2008 season is as follow:

Note: Ratio of FC/FS of 4 or greater is considered indicative of contamination of human origin.  As you can see Hague’s testing has been very good this year, considering the heavy rains we have had. (Were no Fecal Streptococcus Bacteria is present there will be no Ratio.)

 

 

 

Town of Hague

 

     Date

TC/100mls

FC/100mls

FS/100mls

FC/FS

Notes

Cape Cod Village Brook

07-Jul-08

430

38

360

0.1

Warm, clear, low flow

Hague Boat Launch Culvert

07-Jul-08

60

10

540

0.0

Warm, no flow

Hague Town Beach

07-Jul-08

6?

30?

 

 

No bathers, warm, turbid

Sabbath Day Point Beach

07-Jul-08

19

6

 

 

1 bather, warm, clear

Hague Brook

21-Jul-08

240

160

148

1.1

Cold, clear, moderate flow

Hague Town Beach

21-Jul-08

150

90

 

 

6 bathers, war, clear

Sabbath Day Brook

21-Jul-08

100

20

22

0.9

Warm, no flow, debris

Sabbath Day Point Beach

21-Jul-08

1

1

 

 

No bathers, warm, clear

Silver Bay Brook – North

21-Jul-08

830

281

740

0.4

Cold, clear, low flow

Hague Boat Launch Culvert

04-Aug-08

70

33

62

0.5

cool, debris, no flow

Hague Town Beach

04-Aug-08

240

174

 

 

1 bather, warm, clear

Sabbath Day Point Beach

04-Aug-08

40

8

 

 

No bathers, warm, clear

Silver Bay Brook – North

04-Aug-08

550

90

48

1.9

cool, clear, low flow

Hague Brook

18-Aug-08

160

21

51

0.4

Very choppy, moderate flow, cold, clear

Hague Town Beach

18-Aug-08

30

8?

 

 

Murky, many bathers, choppy

Sabbath Day Brook

18-Aug-08

210

7

29

0.2

Cold, deep mud, odor

Sabbath Day Point Beach

18-Aug-08

90

60

 

 

Rough water, murky, warm

 

10. Recreation Promotion & Youth (Meola/Martucci):  Councilman Meola reported that 25 children attended the Silver Bay Association summer program.  The total cost was $6,200.00 to the Town of Hague and Silver Bay Association pays $6,200.00.  

The Beach is closed for the season.  Signs need to be completed by next year for the life guards to be posted during times when they close the beach for their break.                               

11. Sewer Dist. #1 & #2 (Belden/Frasier): Supervisor Belden is in hopes that approval from the State Comptroller will be soon for Sewer District #2.

 

Approximately $200.00 was made on recyclable cans and bottles at the beach this year.

 

12.  Town Park (Meola/Martucci):  No report.

 

13. Transfer Station (Martucci/Gladu):  The committee will be working on obtain different RFP’s from vendors other than Casella Waste.

 

UNFINISHED BUSINESS:

1.  Request by an employee to have his health insurance coverage for dependents reinstated. The employee was sent a letter in 1996 stating that all health insurance would be covered in lieu of a raise for three years.  After a discussion Councilman Meola stated that there is nothing in the Employees Guide which prevents an employee from being reinstated to the coverage he had previously.

 

Motion by R. Meola, seconded by M. Martucci that the Town will provide full coverage for Family Health Insurance for the Town Employee and he will be reinstated under the policy effective January 1, 2009.  All voting yes.  Motion carried.

 

2.  Motion by R. Gladu, seconded by R. Meola to authorize Supervisor Belden to sign contract with Pride of Ticonderoga Inc. in the amount of $1,000.  All voting yes.  Motion carried.

 

COMMUNICATIONS & PETITIONS: None.

 

NEW BUSINESS:

1.  The request from Hague Senior Citizens to increase Memorial Day Parade Celebration to $6,000.00 will be discussed during Budget time.

 

2.  Motion by R. Meola, seconded by R. Gladu to authorize the purchase of BAS Utility Billing System in the amount of $2,730.00.  They will install the program and will bill in January of 2009.  All voting yes.  Motion carried.  The cost of this software will be split between both districts.

 

3.  RESOLUTION #71 of  2008

RESOLUTION ADOPTING LOCAL LAW #1 OF 2008 ENTITLED “Dog Control A Local Law Regulating Noise.”

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

 

WHEREAS,  it was proposed that the Town adopt A Local Law defining disturbing of the peace and establishing requirements pursuant  to Section 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 Local Law, Chapter 64 Article I, adopted by the Town of Hague on July 11, 1978, and

 

WHEREAS,  a notice of said public hearing was duly published in the official newspaper of the Town and posted as required by law on August 26, 2008, and at a public hearing held on September 9, 2008, all citizens had an opportunity to comment on the proposed local law, and

 

WHEREAS,  the Town Board duly held a public hearing on September 9, 2008  pursuant to Resolution #61 of August, 12, 2008, NOW THEREFORE BE IT

 

RESOLVED, that the Town Board hereby adopts Local Law #1 of 2008 A Local Law defining disturbing of the peace and establishing requirements pursuant  to Section 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 Local Law, Chapter 64 Article I, adopted by the Town of Hague on July 11, 1978.

 

DULY ADOPTED BY THE FOLLOWING VOTE:

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

Motion carried.

 

4.  RESOLUTION #72  OF 2008

APPROVING THE RENEWAL OF THE CABLE TELEVISION FRANCHISE AGREEMENT

RESOLUTION INTRODUCED BY M. Martucci, SECONDED BY R. Gladu.

 

BE IT RESOLVED, that the Town of Hague, Hague Town Board does hereby authorize Daniel D. Belden, Supervisor of the Town of Hague to sign the renewal Cable Television Franchise Agreement between Time Warner Entertainment-Advance/Newhouse Partnership d/b/a Time Warner Cable and the Town of Hague, New York.

Duly adopted by the following vote:

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

Motion carried.

 

5.  Budget Calendar

            1.  Budget Officer furnishes Departments and Officials with Estimate forms:

            2.  Submission of Estimate: 9/20/08

            3.  Filing of Tentative Budget to Town Clerk: 9/30/08

            4. Town Clerk submits Tentative Budget to Town Board: 10/5/08

            5.  Revision by Town Board; Preparation of Preliminary Budget

            6.  Notice of Public Hearing (at least five days prior to hearing)

            7.  Public Hearing Thursday following General Election

 

6.  Councilman Meola received a proposal from Corner Stone phone service.  The Town currently uses Tech Valley.  Tech Valley was $452.38 and Corner Stone was $424.22.

 

Mr. Meola asked the Board to postpone action to next month while other providers will be asked to provide cost figures.

 

SUPERVISORS REPORT & COUNTY REPORTS & OTHER:

Supervisor Belden reported that the Supervisors are working of the 2009 Budget.

 

There have been problems at the Community Center with water running into the basement.  The box planter needs to be replaced and the plants need to be trimmed with mulch removed.

 

The possibility of a revaluation was discussed.

 

Councilman Meola would like the Supervisor to contact the County to let them know that the home that was condemned has been cleaned out and the family should be notified.

 

Motion by M. Martucci, seconded by R. Gladu to adjourn meeting at 8:05 pm.  all voting yes.  Motion carried.

 

Respectfully submitted,

 

Deborah F. Manning, Town Clerk