HAGUE TOWN BOARD MEETING

Audit, Public Hearing on Rentals & Regular Monthly Meeting

DATE:  May 12, 2009

 

 

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

 

Supervisor Belden called the meeting to order at 6:00 pm.

 

The Board audited the bills.

 

Motion by R. Meola, seconded by R. Gladu to open the public hearing on rentals at 6:15 pm

 

The Town Clerk read notice of public hearing published on May 3, 2009.  The public hearing notice on rentals last month was not published in the official paper.

 

The public hearing on rentals needed to be held again due to the publication of the notice not being published last month.

 

ZEO Cathy Clark reported that the Town should continue to use New York States definitions & regulations for bed rooms.

 

No Comments.

 

Motion by R. Meola, seconded by R. Gladu to close the public hearing at 6:20 pm.  All voting yes.  Motion carried.

 

REGULAR MEETING

 

Supervisor Belden opened the meeting at 6:30 pm

 

Moment of Silence:  Georgina Lindquist & Brian Sann

 

Welcome Guests/Privilege of the floor:

Madeline Pelkey, President of the Hague Senior Citizens reported on The Hague Memorial Day Parade.  Everything is in place for the parade except for parking.  We do have permission to park at Maggiolo’s and Leach properties.  The Town will need to contact the Insurance Company for liability coverage on these two properties.  Supervisor Belden will contact the Sheriff’s Department to allow parking along Route 9N for this event.

 Motion by E. Frasier, seconded by R. Meola to authorize Supervisor Belden to call Upstate Insurance Company to add liability coverage for parking on the Maggiolo & Leach properties during the Memorial Day Parade.  Supervisor Belden will also contact the Sheriff’s Dept asking them to allow parking on Route 9N from 1pm to 4 pm on May 23, 2009 for the Memorial Day Parade.  The Boat launch will be posted closed on May 23 from noon to 4pm.  All voting yes. Motion carried. 

 

Mr. Arthur Hatfield spoke on behalf of the Kiwanis Club.  The Kiwanis Club has given the Town of Hague money in the past for various projects.  This year the Kiwanis Club would like to donate $1,000.00 to a new project. The Board needs to decide what project to use the money for and contact the Kiwanis Club by June 1 with their decision.

 

Mr. Vincent Smith, the Interim Director of Silver Bay Association YMCA was introduced.   

 

Chris Navitsky, Lake George Waterkeeper introduced Dawn Keppler, a biologist with the Fund for Lake George.  Ms. Keppler   gave a presentation on stream monitoring program. The report is online:  www.fundforlakegeorge.org

 

 

Scott Olsen of Casella Waste Management asked the Board to consider his proposal for operation of the Transfer Station.  Councilman Gladu reported that request for proposals were sent out, and Casella Waste Management was the only proposal received. The committee will meet with Mr. Olsen on Tuesday May 19, 2009 @ 9:00 am.  The full Board will meet at 10:00 am on the 19th of May.

 

Bruce Clark spoke against the length of time the road (9N) was closed for the installation of the sewer pipes around Island Harbour.  It presented a hardship and expense to the local people who had to travel around West Hague, New Hague Road detour.  

 

Supervisor Belden explained that the State set the timing of the road closure not the Town.  The State will also be fixing the bank around Island Harbour in the fall.

 

Judy Stock asked if the retaining wall by the Island Harbour curve had been repaired.

Supervisor Belden said that Department of Transportation did not get the contract signed.

 

Pam Peterson asked how long Route 8 was going to be closed for bridge repair.

Supervisor Belden said that will start May 27 and last approximately 2 to 3 weeks.

 

Motion by M. Martucci, seconded by E. Frasier to pay General  & Highway, Sewer Claims audited at tonight’s meeting.  All voting yes.  Motion carried.

 

Motion by R. Meola, seconded by R. Gladu to accept minutes of April 14, 2009 & April 30, 2009 as printed.  All voting yes.  Motion carried.

 

Regular Committee Report:

  1.  Assessor & Justice (Gladu/Meola): Councilman Gladu reported that the final equalization rate for Hague is at 70.5% and Ticonderoga is at 73.33%.  This will set school tax rate at 51% for Hague and 49% for Ticonderoga.  The final assessed values for the towns will not be done until July/August. New York State Office of Real Property is not consistent with the School Budgets.  Discussion on a reval.  Councilman Gladu explained that the Town benefits from a high assessment in returns on sales tax, but we need a lower assessment to offset the school taxes.  Hague should coordinate with any decision that Ticonderoga makes in regards to a revaluation.

 

 

  2.  Buildings & Grounds/Enhancement (Martucci/Frasier):   Councilman Martucci reported that the deck at the Community Center is almost completed.  The Committee had also consulted with the Garden Club and DeFranco Landscaping on which plants should be removed or thinned.  The suggestion was that in the fall we need to move shrubs from under the drip line, then pull mulch out and lay pipe down so the water runs away from the building.  The tile in the foyer will be done this weekend.  The bridge project is completed. 

 

Councilwoman Frasier reported on the survey that went out to community organizations. The organizations were in favor of keeping the kitchen at the Community Center, but had suggestions on how to make the kitchen more efficient in its use. The committee will look at this and come up with some figures for the fall budget.

           

Councilman Meola emphasized that at the April Board Meeting the committee was going to consult with the Garden Club and come back to the Board with their recommendations which was not done.  The Board did not solicit for landscaping proposals.

 

Councilwoman Frasier explained that the project needed to be done and we were under the amount spent per the procurement policy.

 

3.  Finance & Insurance (Frasier/Martucci):  Councilwoman Frasier reported that the interest rates for all banking accounts have dropped. Mr. Dinolfo, CPA will be submitting his audit of the Town’s annual accounting report by May 15, 2009. 

Work is in process for setting up direct deposit.

 

  4.  Fire Department (Gladu/Martucci): The Board thanked the Fire Department & Ambulance for all of their work this month. 

           

5.      Highway (Martucci/Gladu):  Councilman Martucci informed the Board that the Highway Committee has been working on the purchase of a new truck through State bids.  We will discuss the possibility of adding money into the 2010 budget for rental of an enclosed sweeper.  The salt shed siding has been completed.  Salt siding complete.  Culverts inventoried.  F550’s truck will be sold.  Stock piling of sand will begin next month.

 

Supervisor Belden magic salt does work well, we need to work on using this for preservation of the lake. 

 

Chris Navitsky asked how much sand was picked up this year.  No figure to date. 

           

  6.  Museum & Historian (Frasier/Martucci):  Councilwoman Frasier reported that a memo was received from Jerry Crammond 4/23/09, Town Historian he would like the town to repair of the threshold going into the vault & look into the cost of the expansion of the vault.  Councilwoman Frasier will have Mr. Murphy look at this when he completes the tile project in the foyer.  The expansion project will be addressed at budget time.

 

  7.  Personnel (Frasier/Gladu):  No report.    

 

  8.  Planning/Zoning/Stormwater (Gladu/Meola): 

ZONING REPORT TO TOWN BOARD

May 12, 2009

·         Permits Activity                                          Month             YTD             

Land Use Development                            7                      21                   

Site Plan Review                                       2                      5                                 

Subdivisions                                              1                      2                     

Variance                                                    0                      2                                 

Wastewater                                               1                      3                                 

Wastewater Variances                             0                      0                       

                                                                                       

·         Planning Board: May 7, 2009

In Attendance: E J Siwek, Dick Frasier, Martin Fitzgerald, Sr. John      Brown, Bruce Clark, Pam Peterson, & Michael Cherubini

The Board approved and application for a modification to an existing approval for a commercial establishment, an application for new development within 100’ of the lake, approved one lot line change, approved a toilet and a sink in a accessory structure, review sketch plan review of a minor subdivision, made one referral to the ZBA and reviewed one new modification to an existing use.

 

·         Zoning Board:  April 23, 2009

In attendance, Chair Robert Goetsch, George Ianson, Bill Pittman, Jon Hanna & Glenn McKee.

     Absent Martin Fitzgerald, II, & Lindsay Mydlarz

The Board approved an application for more than a 25% addition to a non-conforming house with the condition that it maintains all side line setbacks and that stormwater plan, which was submitted, be installed.

      They also reviewed a fence application.

 

·         Zoning Violations: 

      Multi-family dwellings without site plan approval.

      Local DOH Septic Violation.

 

·         Wireless Telecommunication Facility & Rentals Code Amendments were approved by the APA at their April 16th. meeting.

 

·         LGPC proposed Stream Corridor Regulation: The LGPC will delay any dicission on the Stream Corridor Regulation due to the volume of comments received at the recent hearings. They are currently updating the SEQRA.

 

·         Request permission members of the Planning Board, ZBA and myself to attend the LGWC forum on June 18th at the Fort William Henry.  There is no cost to the Town.

 

·         Junk- I will be canvessing the Town for Violation to the Junk law so the property owners can take advantage of Clean-up day.   Would like the Board to decide if it is resonable to have one unregistered car on a property.  NYS allows two.

 

 

Motion by E. Frasier, seconded by R. Gladu to give permission to the ZEO and ZBA, Planning Board, Town Board to attend LGWC forum on June 18, 2009 in Lake Luzerne. All voting yes.  Motion carried.

 

Junk Clean up Day 19 & 20 June is Clean up Day. 

 

 9.  Recreation Promotion & Youth (Meola/Martucci): Councilman Meola reported that the Promotion committee met and would like permission from the Board to hold an Oktoberfest on September 27, 2009.  The event will be held at the park with food, drinks, and entertainment from noon to 5:00 pm.  Silver Bay Association will help with children’s events.

 

Motion by Supervisor Belden, seconded by M. Martucci to give permission to the promotion committee to sponsor an Oktoberfest at The Hague Town Park on September 27, 2009 from noon to 5:00 pm.  They will be allowed to serve food, beer, and have entertainment.  Silver Bay Association will help with children’s events.

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

NAYS:  E. Frasier      

Motion carried.

 

Councilman Meola would like to hire a planner to promote this event. 

 

Councilwoman Frasier feels that it is cost prohibitive to hire someone for one event.  The Hague Chamber should be helping with the promotion.

 

Mr. Vincent Smith, director of Silver Bay Association possibly might be able to get an Event Planner to volunteer her services to the town.  He will see if he can reach her and report back to Councilman Meola.

 

Councilman Meola gave a brief report on the Warren County Youth Court.

 

10.  Sewer Dist. #1 & #2 (Belden/Frasier): The Town Board will meet on May 19 at 10 am to review the Sewer complaint forms received.

 

11.  Town Park (Meola/Martucci):  Councilman Meola reported that the new sign for the Hague Visitor Center should be done this week. The park has a major problem with geese.  This is a health hazard.  We as the Board of Health need to do something. Councilman Gladu would like the Board to find an expert on the geese problem.  Motion by R, Meola, seconded by M. Martucci to try and net/trap the geese at The Hague Park. AYES:  Supervisor Belden, R. Meola, E. Frasier, and M. Martucci.  NAYS:  R. Gladu.  Motion carried.

 

Motion by R. Meola, seconded by M. Martucci to hire Mr. Smith to produce a “Music in the Park” sign.  All voting yes.  Motion carried.

 

12.  Transfer Station (Gladu/Meola):  None

 

UNFINISHED BUSINESS:

1.  Motion R. Gladu, seconded by M. Martucci to accept the resignation of Diane Farinick from the Board of Assessment Review with regret.  All voting yes.  Motion carried.

 

2.  Motion by E. Frasier, seconded by R. Gladu to appointment Ray Mury to the Board of assessment review.  Term to expire 9/30/2012.  All voting yes.  Motion carried.

 

3.  Motion by R. Gladu, seconded E. Frasier to appoint Michael Cherubini as Alternative Member of the Board of Assessment Review.  All voting yes.  Motion carried.

 

4.  The Board will review the one proposal received from Casella Waste on May 19, 2009.

 

5.      There are still openings for the Visitor Center and Park Attendants for the summer.

Motion by M. Martucci, seconded by R. Meola to authorize any summer employee to go to training at the Wind Gate in Lake George.  The cost is $10.00 per person, plus mileage.  All voting yes.  Motion carried.

 

COMMUNICATIONS & PETITIONS:

 

1.  Motion by R. Meola, seconded by M. Martucci to pay Gender Free Inc., $50.00 to be used toward helping lowering the cost of spays & neuters of cats, and to support placement of abandon dogs & cats.  All voting yes.  Motion carried.

 

2.  Motion by M. Martucci, seconded by E. Frasier to authorize payment of $2,000.00 out of Occupancy Tax Money to support Community Map Project of the upper Hudson River.  All voting yes.  Motion carried.

 

NEW BUSINESS:

 

1.  Motion by R. Meola, seconded by E. Frasier to allow Bolton Landing Historical Society to borrow “George” Lake George Monster for the 2009 summer season, beginning 5/23/2009.  All voting yes.  Motion carried.

 

2.  RESOLUTION #59 OF 2009

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

Amendment to the Zoning Code (ARTICLE VI Schedule of District Regulations) Of the Town of Hague to allow the rental of single family homes in all Zoned Districts as a Use by Right subject to Supplemental Regulations As defined in  ARTICLE IX Supplementary Regulations - § 160-59.2  Rentals

WHEREAS:

 

Currently rental of single family homes are allowed in 5 of the 13 zoned districts in Hague subject to Type 1 Site Plan Review.

 

WHEREAS:

 

Rental of single family homes are allowed by right within the Adirondack Park

 

WHEREAS:

 

There has been a longstanding tradition within the Adirondack Park and the Town of Hague for families to rent their single family homes.

 

WHEREAS:

 

Rental of single family homes have been a longstanding source of income and investment for our residents

 

WHEREAS:

 

The owner of the rental property assumes responsibility for the health, safety, and welfare of the renter by assuring compliance to the appropriate Fire Prevention and Building codes, sanitary codes, and local Town codes.

 

WHEREAS:

 

The owner of the rental property assumes responsibility for the conduct of the tenants so as to protect the health, safety, and welfare of the surrounding property owners and to protect the property values of the neighborhood.

 

WHEREAS:

 

Whereas some are renting their property out during the peak season to assist the payment of taxes, more particularly school taxes, we are finding some are acquiring town property to rent for the entire season as a supplement to their general income.

 

WHEREAS:

 

The Town Board of the Town of Hague performing the duties of Lead agency has prepared and reviewed the records of the State Environmental Quality Review,  Full Environmental Assessment for the listed Zoning Code amendments and additions and have determined no significant impact to the environment would result, and therefore declares a Negative Declaration for this action;

 

NOW, THEREFORE, BE IT RESOLVED;

 

Effective May 12, 2009 the Zoning Ordinance of the Town of Hague be, and the same hereby is, amended by the Zoning Codes of the Town of Hague (ARTICLE VI Schedule of District Regulations)

to allow the rental of single family homes in all Zoned Districts a Use by Right subject to Supplemental Regulations as defined in ARTICLE IX Supplementary Regulations - § 160-59.2 as approved by the APA on April 16, 2009, Resolution #2009-3.

 

DULY ADOPTED BY THE FOLLOWING VOTE

 

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

Nays:  None.

Absent:  None.

Motion carried.

 

 

3.  Resolution #60 of 2009

 

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

Town of Hague

Wireless Telecommunication Facilities

 

            WHEREAS, The Town of Hague administers an Adirondack Park Agency approved Local Land Use Program, and

 

            WHEREAS, the Town Board of the Town of Hague is desirous of establishing and maintaining cellular telephone coverage in the Town of Hague; and

 

            WHEREAS, the Town Board has requested that the Planning Board of the Town of Hague prepare a draft Ordinance providing for such coverage and setting forth regulations relating thereto as to the proposed location, design and usage of the Wireless Telecommunications Facilities; and

 

            WHEREAS, neighboring towns of the Town of Hague have adopted ordinances governing the location, design and usage of Wireless Telecommunications Facilities; and

 

            WHEREAS, Wireless Telecommunications Facilities will add considerably to the health, safety and general welfare of the people residing in the Town of Hague and visitors to the Town of Hague; and

 

            WHEREAS, Wireless Telecommunications Facilities will greatly benefit

tourism industry in which Hague businesses mostly depend on; and

 

            WHEREAS, The Town Board of the Town of Hague performing the duties of Lead agency has prepared and reviewed the records of the State Environmental Quality Review,  Full Environmental Assessment for the listed Zoning Code amendments and additions and have determined no significant impact to the environment would result, and therefore declares a Negative Declaration for the action;

 

            NOW, THEREFORE, BE IT RESOLVED, that the Zoning Ordinance of the Town of Hague be, and the same hereby is, amended by (i) adding Wireless Telecommunications Facilities to be included as Major Public Utility Use, (ii)  by allowing Major Public Utilities Uses in all zoned areas of the Town of Hague (requires Type I Site Plan Review approval) and, (iii) adding to Article IX to include section 160-59.1 “Wireless Telecommunications Facilities” thereto in the form set forth below which governs the review, installation and usage of Wireless Telecommunications Facilities in the Town of Hague. On April 16, 2009 the Adirondack Park Agency approved this amendment by Resolution #2009-3.

 

DULY ADOPTED BY THE FOLLOWING VOTE:

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

NAYS:  None.

ABSENT:  None.

Motion carried.

 

4.  RESOLUTION #61 of 2009

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

Support of Property Tax Relief Circuit Breaker Bill (Krueger - S4239)

Providing immediate relief ( 2010 ) for those most overburdened by the currently regressive property tax system

 

WHEREAS property taxes in New York State have increased almost three times faster than income in the past decade,

 

WHEREAS the property tax represents 79 percent of all local taxes outside of New York City,

 

WHEREAS per capita property tax burdens in the State are 49 percent higher than the national average,

 

WHEREAS New York State has enacted a monumental tax shift by cutting high-end income taxes in half over the past thirty years and placing the burden of funding essential services predominantly on localities,

 

WHEREAS New York residents face the second highest local tax burden in the country,

 

WHEREAS the property tax is regressive, hits low and middle-class families the hardest, and contributes to the extremely high cost of living in New York,

 

WHEREAS current State initiatives to reduce property tax burdens are ineffective, costly, and exclude large portions of New Yorkers,

 

NOW, THEREFORE, be it resolved that the Town Board of the Town of Hague support state implementation of a property tax relief circuit breaker as described in New York Senate Bill – S4239 ( Krueger ).

            THAT provides immediate targeted property tax relief to those most in need,

            THAT relieves the undue tax burden on working families across the state.

            THAT applies to all advalorum taxes – School, County, Town

            THAT limits how much an individual owes in property taxes based on their income,           

            THAT is phased in over a 4 year period to minimize financial impact,

            THAT sets a 5 year residency limit to minimize program cost,

            THAT allows an individual to receive a rebate from the State if their bill exceeds a predetermined limit set within the bill,

            THAT includes both homeowners and renters,

            THAT is more targeted, efficient, and affordable than current property tax relief programs,

            THAT will be funded by a combination of eliminating the STAR rebate program and adding permanent progressive income tax reform,

NOW, THEREFORE, BE IT RESOLVED;

 

Effective May 12, 2009, the Town Board of the Town of Hague supports the enactment of S4239 as an immediate relief measure to reduce the burden of current confiscatory advalorum taxes on already overburdened middle class residents of New York State.

DULY ADOPTED BY THE FOLLOWING VOTE:

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

NAYS:  None.

ABSENT:  None.

Motion carried.

Councilman Gladu reported that the state has a new website: www.nysenate.gov/senator/elizabeth-little

 

 

5.  Motion by R. Meola, seconded by E. Frasier to authorize Supervisor Belden to sign the entry and testing agreement with Tower Development.   All voting yes.  Motion carried.

 

SUPERVISORS REPORT & COUNTY REPORTS:

Supervisor Belden was one of the Supervisor’s who voted against the sales tax increase. There will be a County meeting tomorrow morning to discuss the possible cut of 22 jobs.

 

ADJOURNMENT:    

Motion by E. Frasier, seconded by M. Martucci to adjourn meeting at 8:10 pm.  All voting yes.  Motion carried.

 

Respectfully submitted,

 

Deborah F. Manning

Town Clerk