HAGUE TOWN BOARD

AUDIT, REVIEW CELL TOWER AGREEMENT, PUBLIC HEARING MAP AMENDMENT, REGULAR MONTHLY MEETING

August 10, 2010

5:30 pm

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

Members present:        Supervisor Belden                   E. Frasier

                                    R. Meola                                 R. Gladu

                                    M. Martucci

Also present:               Dominick Viscardi, Attorney for the Town              

                                    D. Martucci, Assessor

                                    C. Clark, ZEO

                                    D. Smith, Highway Superintendent

                                    D. Manning, Town Clerk

Pledge of Allegiance:

The Town Board audited the bills for general, sewer & highway.

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

Motion by E. Frasier, seconded by R. Meola to open the special meeting on the review of the cell tower agreement at 6:00 pm.  All voting yes.  Motion carried.

Supervisor Belden and the Town Board reviewed the proposed Telecommunication Site Lease Agreement.  

RESOLUTION # 63 OF 2010

INTRODUCED BY M. Martucci.

SECONDED BY E. Frasier.

TELECOMMUNICATION SITE LEASE AGREEMENT

            At a meeting of the Town Board of the Town of Hague, held at the Hague Community Center, 9793 Graphite Mountain Road, in the Town of Hague, Warren County, New York, on the 10 day of August, 2010.

            PRESENT:      Daniel Belden, Supervisor

                                    M. Martucci, Councilperson

                                    E. Frasier, Councilperson

                                    R. Meola, Councilperson

                                    R. Gladu, Councilperson

            WHEREAS, the Town of Hague (the "Town") and Independent Towers Holdings, LLC have entered into negotiations for the lease of certain real property (the "Lease") by Independent Towers Holdings, LLC from the Town for the site of a telecommunications facility consisting of a telecommunications tower, equipment shelter and appurtenances necessary to operate the facility (the "Project"), on property currently owned by the Town and located at 68 Decker Hill Road in the Town of Hague, Warren County, New York, consisting of 10,000+ square feet and referenced as tax map #42.00-1-17, with appropriate ingress and egress (the "Property"), which is not needed for a public purpose; and

            WHEREAS, the Town Board of the Town of Hague (the "Board") has thoroughly reviewed the Lease, assisted by its attorney for the Town, and has approved the same as to its form and content; and

            WHEREAS, an "Option and Ground Lease Agreement" was pursued at which time the site compatibility of both technical and environmental specifications with the requirements of a cellular tower has been confirmed; and

            WHEREAS, the term of the lease consists of an initial term for five years, which will automatically extend for eight additional terms of five years each; and

            WHEREAS, rent for the site is an annual rent of $10,800 in equal monthly payments of $900 per month.  Rent will increase by 3% over the rent in effect for the prior year.  Independent Towers Holdings, LLC will pay additional rent in the amount of 10% of any subtenant rent actually received; and

            WHEREAS, the leasing of Town property pursuant to the provisions of Section 64, subdivision (2), in the manner provided for in subdivision (12) of Section 198 and subject to a permissive referendum pursuant to Article 7 of the Town Law; and

            WHEREAS, in the event that no petition is filed in the office of the Town Clerk to conduct a permissive referendum within 30 days from the adoption of this resolution, and following the conducting of a public hearing or if one is filed and the electorate fail to obtain a majority of votes in support of a rejection of said lease, the supervisor is authorized to execute the lease on behalf of the Town of Hague; and

            WHEREAS, a copy of the proposed “Site Lease Agreement” is available for public inspection during normal business hours at the Town Clerk’s Office, Hague Community Center, 9793 Graphite Mountain Road, Hague, NY.  At such public hearing all persons will be given the opportunity to be heard; and

            WHEREAS, the Project is an unlisted action under the State Environmental Quality Review Act ("SEQRA"); and

            WHEREAS, the Board has reviewed the Environmental Assessment Form and other information submitted by Independent Towers Holdings, LLC, has taken a hard look at any potential environmental effects and has determined that entering into the Lease will not have any significant adverse environmental impact; and

            WHEREAS, the Town of Hague Planning Board on July 8, 2010 found that the project is an Adirondack Park Agency, Class A Regional Project, but still requires relief from the Town of Hague's Zoning Codes.  A unanimous vote of the Planning Board approved the application and referred the matter to the Zoning Board of Appeals with reference to section 160-27 A. Maximum Height and 160-59.1 Wireless Telecommunication Facilities, the zoning board of appeals attention; and

            WHEREAS, the Town of Hague Zoning Board of Appeals on July 22, 2010 granted a variance by unanimous vote noting that the Planning Board of Warren County recommended approval of the application as submitted; and

            WHEREAS, the Adirondack Park Agency has completed a site plan review of the project and final approval of the Adirondack Park Agency will be required following the approval of the Town of Hague Planning Board and Zoning Board of Appeals, to be followed by a Town permit for construction.

            NOW, on motion of M. Martucci, seconded by E. Frasier, all members present voting therefor, 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 25 day of August, 2010 at 6:30 p.m. to consider said lease 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 lease 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 10, 2010, 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, M. Martucci, E. Frasier, R. Meola, and R. Gladu.

NAYS:  None.

ABSENT:  None.

DATED:  August 10, 2010

Motion by R. Gladu, seconded by E. Frasier to close the meeting at 6:15 pm.  All voting yes.  Motion carried.

Motion by R. Meola, seconded by R. Gladu to open the public hearing at 6:15 pm regarding the rezoning of 54 acres off Decker Hill Road and Fitzgerald Road from Open Countryside II (8 acre zoning) to Open Countryside I (2.9 acre zoning).  All voting yes.  Motion carried.

6:15 pm Public Hearing Map Amendment

The Town Clerk read the following notice.

LEGAL NOTICE

NOTICE OF PUBLIC HEARING

TOWN OF HAGUE

PLEASE TAKE NOTICE, that the Town Board of the Town of Hague will hold a public hearing on the 10^h day of August, 2010 at 6:15 pm at the Hague Community Center, 9793 Graphite Mountain Road, Hague, N. Y. regarding the rezoning of 54 acres off Decker Hill Road and Fitzgerald Road from Open Countryside II (8 acre zoning) to Open Countryside I (2.9 acre zoning).  The Propose of this action is to zone all lands located within the Town’s Special Commercial Use Zone as Open Countryside I.

The records regarding the above project are available for public inspection during normal business hours at the Town Clerk’s Office, Hague Community Center, 9793 Graphite Mountain Road, Hague, N.Y.   At such hearing all persons will be given the opportunity to be heard.  Written or oral statements will be taken at that time. Time limitations may be imposed for each oral statement if necessary.

BY ORDER OF THE TOWN OF HAGUE TOWN BOARD

Deborah F. Manning

Hague Town Clerk

Published Date:  July 28, 2010

There were no comments against the proposed rezoning of 54 acres off Decker Hill Road and Fitzgerald Road from Open Countryside II (8 acre zoning) to Open Countryside I (2.9 acre zoning).

Motion by E. Frasier seconded by M. Martucci to close the public hearing at 6:30 pm.  All voting yes.  Motion carried.

Motion by Supervisor Belden, Seconded by E. Frasier to open the regular monthly meeting at 6:30 pm.  All voting yes.  Motion carried.

Moment of Silence:  John J. Brown, Rev. Floyd Tyler

Welcome Guests/Privilege of the floor: 

John Paul Okrin, Hague Life Guard addressed the Board on the possibility of them hiring an extra part time lifeguard in order to move the beach ropes out an additional 150 feet.  The water is so shallow that no one can swim.  The Dept. of Health will only allow one life guard to watch 150 feet.  This would be the best alternative for the residents and guest.

Councilman Gladu mentioned that the possibility of recruiting lifeguards is very difficult given the small pool of talent available. He does however support exploring setting up a shared pool of lifeguards from Ti, Hague, and Silver Bay from which we can satisfy the staffing requirements over the critical summer period.

Steve Ramant mentioned that the Hague Fish & Game Club will be sponsoring a kids fishing clinic.  A pig roast will be held on August 28, 2010 at the Fish & Game Club.

Discussion of Bills:  Motion by R. Meola, 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 July 13, July 19, July 29, August 2, 2010 as printed.  All voting yes.  Motion carried.

Regular Committee Report:

  1.  Assessor & Justice (Gladu/Meola):  No report

  2.  Buildings & Grounds/Enhancement (Martucci/Frasier):   Councilman Martucci reported that NYS Dept. of Health will be sending us a list of what items the Community Center kitchen will need to bring it up to code.

The Board will get in touch with Elan Planners.  There has been no work conducted at the Veterans Park.  This needs to be addressed.

  3.  Finance & Insurance (Frasier/Martucci):  No report.

  4.  Fire Department (Gladu/Martucci):  The Fire Dept. will begin work on their budget soon.

  5.  Highway (Martucci/Gladu):  Superintendant Smith reported that the paving of Pine Cove will begin on the 26^th of August.  The Highway will also be removing a dead tree on Pine Cove Road.  Battle Hill will be on the list for paving next.

Councilman Martucci wrote a letter to Royal Chemical Inc. in regards to the Hague Highway Departments purchase, invoice numbers SI-71770 & SI-71771 asking them to pick up the products.  Royal Chemical Inc. response letter was to extend a settlement offer and match the current price of what we are paying now.  Councilman Martucci will send Royal Chemical another letter asking them to pick up all items ordered.

  6.  Museum & Historian (Frasier/Martucci):  The Hague Historical Society will be holding a presentation at the Hague Community Center on August 24, 2010 at 7 pm, on hotels serviced by the steamboats that landed at Sabbath Day Point, Uncas, and Silver Bay.

  7.  Personnel (Frasier/Gladu):  Supervisor Belden explained that Bob Rafferty will not be coming back until at least the end of September.  The committee will go back and review the applications that are on file for the position.

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

ZONING REPORT TO TOWN BOARD

August 10, 2010

• Permits Activity                                         Month              YTD          
• Land Use Development                                  6                      28                               
• Site Plan Review                                             1                      7                                 
• Subdivisions                                                    0                      2                                 
• Variance                                                          0                      3         
• Wastewater                                                     2                      5                                 
• Wastewater Variances                                    0                      0

• Planning Board: August 5^, 2010 in attendance: Chair EJ Siwek, Pam Paterson, Bruce Clark, Mike Cherubini, & Martin Fitzgerald, Sr.

Absent: Dick Frasier & John Brown. Review of the Wilson Major Subdivision of 148.8 acres parcel continues.  Referral to the APA: the Board gave the APA their recommendation for the approval of a Telecommunication Tower application.  Referral to the ZBA: the Board recommended the approval of an expansion of a nonconforming house within 50’ of the lake.  They approved, with conditions, the total replacement of a nonconforming garage.  They also gave relief from a 2008 Planning Board condition for a roof expansion.  A decision was returned as to what documents the applicant needs to provide the Board for the final submittal of an application to satisfy a condition of a 1987 subdivision

• Zoning Board: June 24, 2010 in attendance: Deputy-Chair Martin Fitzgerald, II, Bill Pitman, Lindsay Mydlarz, George Ianson & Jon Hanna. Absent: Robert Goetsch, One vacancy. A hearing was held Independent Tower, LLC a cell tower to be located at the Town’s sewer treatment plant on Decker Hill Road. Four people spoke in favor of the application and one spoke against it. The Board later approved the application as submitted by a 5-0 vote.  They then review a new application for more then 25% expansion of a nonconforming house which sits 30’ for the lake.
• One Vacancy on the ZBA 
• Warren County DPW has returned their review of the proposed road for the Wilson Subdivision.  See Attached.
• Boat Launch and Parking tickets:  Six appearance tickets have been issued, to date.  Appearance date is the 12^th of August.
• Code Committee next meeting is on August 12^th @ 6:00 pm.  At their July meeting six members of the committee were in attendance. They have completed recommended amendments to 160-50 shorelines.  See attached Memo.
• The Town Zoning Map Amendment was approved by the APA at their June meeting.  The next action of the Town Board is to hold a public hearing and approve, by resolution, the final copy of the Map Amendment.  After which copies are sent, along with a Notice of Decision, to the APA & Warren County, and to Code Publishing.
• Interim Report on Lake George – July 30^th shows one area of concern- Stag Leap Brook - FC/EC 6.0 reading.

  9.  Recreation Promotion & Youth (Meola/Martucci): The Silver Bay Silver Camp has been doing well. 

10.  Sewer Dist. #1 & #2 (Belden/Frasier):  The review of a Sewer District #1 complaint notice was reviewed by the Supervisor and the Assessor back in the fall of 2009.   Motion by M. Martucci, seconded by E. Frasier that Aldrich 134 Dodd Hill Road,  Hague, NY  12836 42.1-28.2 Rationale: Connection to system is in place.  All voting yes.  Motion carried.

11.  Town Park (Meola/Martucci):  Councilman Meola reported that the staff is doing well.  We do need to replace some of the play ground equipment.

Motion by R. Gladu, seconded by M. Martucci to hire a part time life guard at the Hague beach.  If there is not enough money in the account we will move money out of contingency to cover this.  The NYS Health Dept. requires that two lifeguards are needed in order to allow the ropes to be put out 300 feet from the beach.  All voting yes.  Motion carried.

Councilman Meola wanted clarification on the date that Paul Belden was hired as a part time Sewer Treatment Plant Operator.  Supervisor Belden explained that he started on July 6, 2010.

12.  Transfer Station (Gladu/Meola):  No report

UNFINISHED BUSINESS:

1.  RESOLUTION #64 2010

FOR THE ADOPTION OF AMENDMENTS TO THE ZONING MAP

 OF THE TOWN OF HAGUE

INTRODUCED BY R. Gladu, SECONDED BY M. Martucci   

WHEREAS, The Town Board of the Town of Hague at their March 9, 2010 Town Board meeting made the following resolution,

WHEREAS, the Town of Hague administers the Town Zoning Map and its Zoning Districts and  the density and use of as part of the Approved Local Land Use Program, in conjunction with the Adirondack Park Agency ,

WHEREAS, the Town Board recognized the need to update and revise the Zoning Districts to provide for a variety of housing opportunities and densities, new uses, and protect the property values and aesthetics of the Town, and

WHEREAS, the Town wishes to amend the Hague Zoning District Map to modify the zoning districts within the Commercial Use Zone in order that all parcels within the Zone be designated as OC I (2.9 acres minimum size). Currently, 5 of the 24 parcels within the Special Commercial Use Zone are zoned as OC II (8 acres minimum) while the remaining parcels are in OC I.  The proposed amendment will change the zoning for parcels, 25.4-1-39, 25.4-1-40, 25.4-1-41, 42-1-9 and a portion of parcel 25.4-1-42 to OC I, to address those needs, and

WHEREAS, the Official Adirondack Park Land Use and Development Plan Map in the Town of Hague, Warren County (Map Amendment 2007-07) reclassify 74 acres from Rural Use to Low intensity Use (53 acres of it lies within the Town of Hague Special Commercial Use Zone.)   Amendment date: October 10, 2008.

WHEREAS, the amendments include the official Town Zoning Map of the Town of Hague,

WHEREAS, that the Town of Hague Town Board has declared that the amendment to the Hague Zoning District Map within the Commercial Use Zone will not result in any significant adverse environmental impacts and has authorizes issuance of the SEQRA Negative Declaration by resolution 55-2010, dated June 8, 2010,

WHEREAS, the Adirondack Park Agency approved the requested amendment of 54 acres from OC-II to OCI by resolution 2010-10 dated June 10, 2010, pursuant to Article 27 of the Executive Law, Section 807.

WHEREAS, a public hearing was held on August 10, 2010 for the amendment to the official Town Zoning Map of the Town of Hague.

NOW, THEREFORE, BE IT RESOLVED, that the Town Board does hereby declare that the Official Town Zoning Map of the Town of Hague and the Town’s Zoning Regulations be amended to reflect that the entire Special Commercial Use Zone be zoned as Open Countryside I, 2.9 acre zone area and instructs the Town Clerk to submit copies of the final version of the this document and its supporting documents to the Adirondack Park Agency’s office of Local Government Services for revisions to the Town’s mapping and Zoning Regulations.

Duly adopted by the following vote:

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

NAYS:  None.

ABSENT:  None.

Motion carried.

COMMUNICATIONS & PETITIONS:

1.  Motion by E. Frasier, seconded by M. Martucci to give permission to the Hague Senior Citizens request to use the Visitor Center for Americade 2011.  All voting yes.  Motion carried.

2.  The Hague Historical Society will be holding a presentation at the Hague Community Center on August 24, 2010 at 7 pm, on hotels serviced by the steamboats that landed at Sabbath Day Point, Uncas, and Silver Bay.

NEW BUSINESS:

1.  Motion by M. Martucci, seconded by E. Frasier to appoint Jerry Crammond as the Hague Representative to the Warren County Bicentennial Committee.  All voting yes.  Motion carried.

2.  Motion by R. Meola, seconded by E. Frasier that effective 9/1/10 Tim Costello will work at the Waste Water Treatment Plant 5-7 hours per week at $30.00 per hour with no Health Insurance benefits.  All voting yes.  Motion carried.

Councilman Meola would like a letter of resignation from Mr. Costello.

Other:

Motion by R. Meola, seconded by E. Frasier to authorize Supervisor Belden to issue & check to the Oktoberfest Committee ($3,000.00 from general & $1,000.00 from Bed Tax).  All voting yes.  Motion carried.

Councilman Meola reported that on January 13, 2009 the Town Board approved of direct deposit for Town employees.  When will it be implemented?  Councilman Frasier reported that she knows that Diane is still working on the project.  One of the main problems is that everyone wants to use a different bank and the process is lengthily.

Pat Hintz thanked the Board for there efforts of making the Community Center kitchen certified.  This was first mentioned a few months ago, and now is finally moving forward.

Mike Cherubini asked the Board if the Oktoberfest Committee has a budget.  He suggested that each organization/group that receives money gives an accounting back to the Board of how the money was spent.  The Board will ask the Oktoberfest Committee and other committee’s for a report.

Lara Smith questioned when the cable line extension on New Hague Road would begin.  Supervisor Belden that the process would begin by September.  The Cable company has completed the survey and would begin from the County line toward 9N.

Gene Moran asked the Board about coin drops in Hague.  Supervisor Belden reported that the Board has no jurisdiction on coin drops.

Ken DeMarco wanted the Board to work with DEC on having the gate re-opened to Jabes Pond.  Many people have been driving up.  Supervisor Belden said that the state has closed numerous ponds due to budget cuts.  We as a Board have no control of this.

Motion by R. Gladu, seconded by E. Frasier to adjourn meeting at 7:45 pm.  All voting yes.  Motion carried.

Respectfully submitted,

Deborah F. Manning

Town Clerk