Hague Town Board
Special Meeting
August 11, 2009
6:00 pm
Dave Wick, District Manager, of the Warren County Soil and Conservation District, gave a presentation to the Town Board on the Hague Brook Sedimentation project. He noted that the timeline still depended on getting all the permits and financing.
Supervisor Belden said, “We put two sedimentation basins on the Hague Brook - one up on the County Road and one at the Lake George Conservancy property. We will clean those out in September. It works but you’ve gotta keep them clean.”
Hague Town Board
Audit & Regular Meeting
August 11, 2009
Members present: Dan Belden, Edna Frasier, Rudy Meola, Mark Martucci, Dick Gladu
Supervisor Dan Belden called the meeting to order at 6:30 pm at the Community Center.
Dick Gladu led the Pledge of Allegiance.
A moment of silence was held for Henry Aumiller.
Supervisor Belden welcomed the guests and extended the privilege of the floor to them.
Sandy Rust made a comment complementing the flowers in Town and the work done to maintain them by Barbara Patchett.
Rudy Meola made, and Edna Frasier seconded a motion to pay the General and Highway Claims. All voted yes. Motion passed.
Rudy Meola made, and Mark Martucci seconded, a motion to accept the minutes of both the July 14, 2009 meeting and the July 21, 2009 meeting. All voted yes. Motion passed.
The Board then heard the committee reports.
1. Assessor & Justice - Dick Gladu reported meeting with Dave Rosebrook, the Bolton-Lake George assessor and the assessor from Ticonderoga. These towns are planning to do a complete reassessment. Commercial properties seem to be under assessed so to make it more equitable they have decided to go ahead with a reassessment. He noted that sales for 2009 are down significantly from 2008 so 2009 figures would not be a good data base to use. In 2004 there were 13 sales and in 2008 there were 19 sales. Dick will meet with Hague Assessor Dave Martucci and Ticonderoga Assessor Patti Osier to discuss further.
2. Buildings & Grounds - Mark Martucci reported that work will be done on the porch at the east end of the building. The ramp will be a delivery ramp. Mark moved and Edna Frasier seconded a motion to send out a Request for Proposal (RFP) on the project which will be due back by September 1st. The Board can then receive the proposals before the next board meeting.
Edna reported that the Planning Board gave approval for the Veterans Park.
3. Finance & Insurance - Committee members Martucci and Frasier met with Diane Trudeau. CDs are at a low rate so no changes will be made at this time. The biggest area of problem spending is with the sewer which needs to be re-looked at it during budget time. Expenses have gone up there but the other areas are in line with projections.
Mark noted that the county occupancy tax collections are down 25%.
Rudy Meola asked why direct deposit of employee checks, which was approved by the Board in January, has not yet been implemented. Edna said she will check again with Diane.
4. Fire Department - Dick Gladu reported that the Fire Boat has been used a couple more times. The Fire Department is having a tough time raising funds this year and could use any support.
5. Highway - Mark Martucci reported that Split Rock is waiting for a culvert delivery, trucks being sandblasted and painted by crew during free time, need to go to bid for a tractor, will be using Chips money, also looking at extra guard rails on Split Rock. Dan will check with the county on specs.
6. Museum & Historian - Edna Frasier noted that the Historical Society will be having a program on Houses on September 1st. She reported that they also wondered if the old cemetery steps could be repaired and the lawn mowed. Edna asked if the Highway Department could help with that and Mark said he will check on it. Dan Belden also mentioned to Mark that the highway trucks have been hauling sand through the downtown area and wondered if they could use the back roads route.
7. Personnel - No report.
8. Planning/Zoning/Stormwater - Dick Gladu reported that the Board members have the written ZEO report from Cathy Clark. He noted that the DEC Part 608 regulations have a definition update that “All streams are navigable until they are proven not navigable.” He continued that there is more on wetland protection and on structures in or over the water. He felt that they should respond to it. He noted that the next monthly meeting of the Lake George Park Commission will be held on August 25, 2009 at 10 am in the Hague Community Center.
The Darrin Fresh Water Institute tested 9 sites in Hague. The total coliform and fecal coliform counts were well below limits. Hague had the best test results of any town on the Lake.
There was a discussion about the mandatory training for Planning and Zoning Board members. With cutbacks in funding, the state representatives will not be coming to Hague and an alternative is needed. EJ Siwek of the Planning Board has requested to go to a meeting in Lake Placid. The registration fee is $100 for 3 days. Dick Gladu moved and Mark Martucci seconded a motion to put aside an amount for 6 people to attend (about $125 each) but not to exceed $1000. They would not have to come back to the Board to request for funds for the Lake Placid meeting. The motion passed 4-1 with Rudy Meola against saying it should be pre-planned.
Town Board members, along with the Zoning and Planning Boards, have been invited to cruise on the LGA Floating Classroom on August 19, 2009. Cathy can send in the RSVP.
9. Recreation/Promotion & Youth - Rudy Meola reported that Donna Wotton was “doing a bang up job” on the plans for the Oktoberfest to be held on September 26, 2009. He noted that in 2004, the Town instituted fees for vendors in the Park, but since it is a big event for the Town, they would like the fee waived and made a motion to do so. Dick Gladu, also a committee member, seconded the motion. Edna Frasier said that vendors have paid for other activities in the Park. She noted that the Board already has put a lot of money into the event. Roll call vote: Gladu, yes; Martucci, no; Meola, yes; Frasier, no; Belden, no. Motion failed with 2 yes and 3 no.
Rudy Meola reported that the Youth program at Silver Bay served 26 local kids. It is a very successful program which will end on August 28th. The local kids can participate because Silver Bay donates half the cost and the Town picks up the other half.
Mark Martucci reported that Mike Consuelo has been hired by Warren County as a Special Events Coordinator. He will meet with Mark (representing the Warren County Council of Chambers of Commerce), Dan Belden and a representative from the local chamber to set up ideas for special events. His position is funded through the county occupancy tax. It is thought that with planning more events it might result in an increase in occupancy tax funds coming in.
10. Sewer District #1 & #2 - There has been a problem with valves. Also waiting for Niagara Mohawk to do work on Dodd Hill. Supervisor Belden says they hope to have both the north and south ends up and running by September 1st. He noted that property owners can’t hook up until the system is running and tested and thanked people for patience.
Audience member Bruce Rust asked if there is there any money available if property is damaged and AP Reale doesn’t take care of it satisfactorily. Supervisor Belden said that a certain amount is set aside and property should be left the way it was.
11. Town Park - Rudy Meola made a motion, and Mark Martucci seconded, a motion to hire Carolyn Scott, Bill Tersteege, Daniel Ockrin for working at the Town Park to replace those that have left. Approved 5-0.
Rudy reported that the geese have not been a problem in the Park since they were taken away. He noted that the Park is well-maintained and “is a jewel (and) the Town should be proud of it.”
Dan noted that Mike Manning has been out due to illness and that Jason Laundree from the Highway Department has been filling in and doing a good job.
12. Transfer Station - Dick Gladu reported that the Casella contracts are signed. It was noted that we are lucky because Casella does all the paperwork for the required reporting.
Unfinished Business:
1. RESOLUTION #71 of 2009
TELECOMMUNICATION OPTION AND GROUND LEASE AGREEMENT
Resolution introduced by R. Gladu, and seconded by M. Martucci
WHEREAS:
The Town of Hague currently does not have access to cellular communications;
WHEREAS;
The residents of the Town of Hague have requested the Town to assess the feasibility of building a telecommunication infrastructure;
WHEREAS;
Discussions have taken place with Tower Development Incorporated, (TDI ) regarding the potential use of a site currently owned by the Town of Hague for the construction of a cellular tower.
WHEREAS;
An “Option and Ground Lease Agreement” has been proposed to lease the premises , as defined in the attached agreement, for a period of 36 months, in consideration of a one time payment to the Town of Hague of $1,000 during which time, TDI will evaluate the site to insure the compatibility of both technical and environmental specifications with the requirements of a cellular tower.
THEREFORE, LET IT BE RESOLVED;
The Supervisor of the Town of Hague is authorized to sign on behalf of the Town of Hague, the attached “Option and ground Lease Agreement.”
DULY ADOPTED BY THE FOLLOWING VOTE:
AYES: Supervisor Belden, R. Gladu, M. Martucci, E. Frasier, and R. Meola.
NAYS: None.
Motion carried.
2. Dan Belden reported that he met with Sheri DeLarm of the Firehouse Restaurant and she wants to work with the Town. She suggested that since the parking lots are Town lots, that they close them at 11 pm and allow no overnight parking since problem takes place after 11 pm. It was noted that the times were established by a Town Ordinance and any change from the current closing from 2 - 5 am needs a public hearing. Dick felt that if it can’t be enforced, it should be left alone. Dan said they could have the sheriff
come for a few times. Rudy said they could put a barrier around it. He noted that the Buildings and Grounds committee should look at. Dan said he will drop Sheri a line and say that they are “looking at it for next year.”
ZEO Cathy Clark noted that other businesses are using those lots and are counting on them.
Audience member Bruce Rust suggested that “one day this board will have to revisit a noise ordinance.”
Communications & Petitions
1. The Board received a Financial Statement from the Senior Citizens.
2. Supervisor Belden received a letter from Time Warner Cable in response to his request for costs of construction of cable television to the Sewage Treatment Plant on Decker Hill Road. As of January 1, 2009, the Town had $60,000 in their franchise account. Additional monies have come in since then. Rudy Meola noted that in November 2006, the Board authorized the Supervisor to contract with Time Warner to complete service to Split Rock Road and New Hague Road. The Supervisor said that the contracts were not received. The Supervisor was asked to get more information on the costs for Dodd Hill and New Hague Road.
New Business
1. Edna Frasier reported that Melissa McManus, a grant writer who works with planners, would prepare the paperwork on the American Legion building (Brookside Park) at a rate of $100 per hour. Edna said that she can’t predict the number of hours that would be needed but maybe 4 to 5 hours. Rudy made and Edna seconded a motion to approve signing a consulting contract with McManus.
2. RESOLUTION #72 OF 2009
WITHDRAW OF ALL MATTERS PENDING IN THE TOWN COURT, TOWN OF BOLTON, FILED ON BEHALF OF THE TOWN OF HAGUE AGAINST HANNAH COLE, DEFENDANT
Resolution introduced by R. Meola, seconded by R. Gladu
WHEREAS, on June 10, 2009 at a regular Town Board meeting, by unanimous vote, the Town Board directed the Attorney for the Town of Hague to institute an action against Harriet Cole on the grounds she maintained a public nuisance on her property as a result of excessive and continuous barking of dogs maintained on her property; and
WHEREAS, on July 23, 2009 at 2:00 p.m. the Town Zoning Enforcement Officer, Cathy Clark, conducted a review of the Harriet Cole property at the request of the Attorney for the Town to verify the number of dogs residing at 7 Yaw road and have been advised by letter from Harriet Cole that the dogs belonging to Hannah Cole had been removed, that the Zoning Enforcement Officer found four dogs on Harriet Cole’s premises, one hound, two shelties and a small mixed breed; and
WHEREAS, the Attorney for the Town, by letter dated July 27, 2009 addressed to the Town Board advising the Board that based on the report of the Zoning Enforcement Officer, no action would be instituted at this time and further recommended to the Town Board that at their next regular meeting by motion he be authorized to withdraw complaints filed against Hannah Cole pending in the Town Court of the Town of Bolton, Warren County, New York; and
WHEREAS, that by Order dated April 21, 2009 Hon. John S. Hall, Jr., Judge of County Court, transferred the matter from Town Court Justice Heather Knott, who had recused herself from the matter, and transferred by court order from the Town Court, town of Hague, to the Town Court, town of Bolton. NOW THEREFORE BE IT
RESOLVED, that the Attorney for the Town of Hague, Dominick J. Viscardi, Esq., is hereby authorized to withdraw and discontinue forthwith all matters pending in the Town court. Town of Bolton, filed on behalf of the Town of Hague against Hannah Cole, defendant.
DULY ADOPTED BY THE FOLLOWING VOTE:
AYES: Supervisor Belden, R. Meola, R. Gladu, M. Martucci, and E. Frasier.
NAYS: None. Motion carried.
3. Supervisor Belden and Board Member Frasier met with Bo O’Leary, Wastewater Treatment Plant Operator Trainee. They recommend putting him on as a full-time employee since Tim Costello will be leaving next August. He will stay on his wife’s health insurance and would like the town to share 50% of the avoided cost. He has done all the required schooling and should have his license by January 1, 2010. Rudy Meola made, and Mark Martucci seconded, a motion to hire Bo as a full time employee starting September 1, 2009 at the pay rate of $14 per hour. Edna and Dick will check further into the employee guide on the issue of insurance and Board members should send them any other suggestions to be included in the guide.
4. Mike White, Executive Director of the Lake George Park Commission (LGPC) called Dan Belden today for permission to start on Monday to remove milfoil from the Hague Delta area at no charge to the Town. The company from Vermont whose contract with the LGPC to remove milfoil ends in September so they want to get it done now. The Board agreed that Dan should let him know it is ok.
5. RESOLUTION #73 OF 2009
CLEAN WATER STATE REVOLVING FUND APPLICATION
Resolution introduced by R. Meola, seconded by E. Frasier.
WHEREAS, the environmental health and overall quality of life in the Lake George Watershed area is critical to the social and economic well being for the Town of Hague, Warren County, and the region in general, and
WHEREAS, the Town of Hague has been an active participant in developing the critically important water quality management plan, and
WHEREAS, the specific project undertaking, known as the Hague Brook Sedimentation Removal Project is identified in said Plan, and
WHEREAS, the NYS Environmental Facilities Corporation (EFC) is soliciting applications for project that are not currently listed on its Intended Use Plan (IUP), for consideration for project funding under proceeds that New York State will receive under the 2009 Federal Economic Recovery Act, and
WHEREAS, local professionals including the Director of the Warren County Soil & Water Conservation district and the Director of the Lake George Watershed Conference are available to develop the appropriate application materials for submission by the Town,
NOW THEREFORE BE IT RESOLVED, that the Supervisor of the Town of Hague be authorized to sign and submit a Clean Water State Revolving Fund Application Form, for the purpose of having this project listed on the EFC’s Intended Use Plan for consideration for funding under the economic recovery act proceeds.
DULY ADOPTED BY THE FOLLOWING VOTE:
AYES: Supervisor Belden, R. Meola, E. Frasier, R. Gladu and M. Martucci.
NAYS: None.
Motion carried.
Other discussion:
Audience member Gene Moran suggested that there be more recreational facilities for our kids here. Supervisor Belden asked him to do a survey and find out if there is some interest. There have been programs in the past where the interest wasn’t sustained.
Supervisor Belden reported that in putting in the new sewer lines they had to replace the original 2 inch line with a 4 inch line. In doing so, they hit some hazardous material near the Maggiolo property on the DOT right of way. The material is currently covered up and sitting at the landfill area and needs to be removed. The DOT will not pay for it. There is a DEC approved company which will remove it for $5,700 which is less than the $16,000 that AP Reale would charge. Rudy moved and Dan seconded a motion to authorize Belden to contact the company to remove the four truckloads of material. Motion approved 4-1 with Dick Gladu voting no because he felt that they should charge the owner. Dan said there might be some reimbursement from the county.
Rudy Meola moved and Edna Frasier seconded a motion to adjourn the meeting. The motion was approved and the meeting was adjourned at 8:05 pm.
Respectfully submitted,
Judy Stock
Acting Secretary