HAGUE TOWN BOARD AUDIT, PUBLIC HEARING & REGULAR MEETING
January 11, 2011
6:00 PM
Members present: Supervisor Belden R. Meola
E. Frasier M. Martucci
R. Gladu
Also present: Donald Smith, Highway Superintendent
Catharine Clark, ZEO
David Martucci, Assessor
Deborah Manning, Town Clerk
Motion by E. Frasier, seconded by R. Gladu to open the audit meeting at 6:00 pm. All voting yes. Motion carried.
The Town Board reviewed the warrant for January 2011.
Motion by E. Frasier, seconded by M. Martucci to close the Audit meeting at 6:00 pm. All voting yes. Motion carried.
Motion by Supervisor Belden seconded by E. Frasier to open the Public Hearing at 6:15 pm on the Wastewater Variance for the Geils property, tax map #60.17-1-5. All voting yes. Motion carried.
The Town Clerk read the following notice that was published in the Post Star on December 30, 2010.
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
TOWN OF HAGUE
PLEASE TAKE NOTICE, that the Town Board being the Local Board of Health of the Town of Hague will hold a public hearing on the 11th day of January, 2011 at 6:15 pm at the Hague Community Center, 9793 Graphite Mountain Road, Hague, N. Y. regarding a Waste Water Variance for the John & Virginia Geils property located at 8476 Lakeshore Drive, Tax Map # 60.17-1-5.
The records regarding the above project are available for public inspection during normal business hours at the Town Clerk’s Office, Hague Community Center, 9703 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 HAGUE LOCAL BOARD OF HEALTH
Deborah F. Manning
Hague, Town Clerk
The Engineer, Anthony De Franco gave a presentation on how the new system is designed.
Motion by E. Frasier, seconded R. Gladu to close the public hearing at 6:30 pm. All voting yes. Motion carried.
Motion by E. Frasier, seconded by R. Gladu that the Town Board acting as the Board of Health accepts and approves Waste Water Variance for the John & Virginia Geils property located at 8476 Lakeshore Drive, Tax Map # 60.17-1-5. All voting yes. Motion carried.
Moment of Silence: Leonard Wells, Marie Fabbri, Bob Marcotte, Stanley Jewell, and
Adelaide Cartwright.
Welcome Guests/Privilege of the floor:
1. Chris Bowcutt, Event Manager for the proposed Lake George Open Water Swim gave a brief presentation on the upcoming event. For updates to the progress you can check the Green Leaf Racing email at www.greenleafracing.com . The event is scheduled for August 27 & 28 of 2011. The event will be held at the Hague Public beach. The 2.5k and 5k will be held on Saturday August 27 and the 10k is scheduled for Sunday August 28.
The Town Board is in full support of this event. Once the finalization of the event is complete. Mr. Bowcutt will contact the Supervisor.
2. Thomas Haskell, President of the Hague Chamber of Commerce reported on the up coming Winter Weekend activities. He also mentioned to the Board that if they have any questions in regards to the Sno-goers to contact him.
2/18: Snow Queen Pageant at the Hague Community Center
2/19: HVFD Breakfast at the Fire Station 7am to 11 am
2/19: Fred LaPann Memorial Run 9am
2/19: X-Country Skiing at Rogers Rock 10 am to 1 pm
2/19: Silver Bay Assoc Community Day 1 pm to 5 pm
2/19: Beste Scholarship Buffet & Rotary Silent Auction at Fire Dept. 6 pm
2/20: Snowmobile Rides & Sledding at Hague Fish & Game 10 am to 1 pm
2/20: Polar Bear Plunge at Trout House Dock 2 pm
2/20: HVFD Hosts a Chili Bake-Off 3 pm
3. Supervisor Belden reported that he has spoken to Tad Norton on opening the gate to Jabes Pond for snowmobiling. There will be something in writing to keep the Town out of liability.
4. Joe McCranels reported on the X-Country Skiing at Rogers Rock Campsite. If there is less than 6 inches of snow the trails do not need to be groomed. New York State DEC will be in the campsite most of the winter trimming trees.
5. Lake George Waterkeeper, Chris Navitsky would like to do a follow up at the next meeting on the use of fertilizer.
Discussion of Bills: Motion by R. Meola, seconded by M. Martucci to pay General, Highway & Sewer Claims audited at tonight’s meeting. All voting yes. Motion carried
Motion by E. Frasier, seconded by R. Gladu to accept minutes of 12/14, 12/29 of 2010 and 1/5 Special Meeting and Organizational Meeting of 2011. The Highway Superintendent appointed Rick Myers as Deputy Highway Superintendent for the year 2011. The Board authorizes the Town Clerk to add this to the Organizational Minutes of 1/5/2011. All voting yes. Motion carried.
Regular Committee Report:
1. Assessor & Justice (Gladu/Meola): Assessor David Martucci reported that they have been busy with mail outs for exemptions and work on updating property files. He read a letter with concern in regards to the Town Board decreasing the mileage rate to 45 cents for 2011, when the IRS & County rate is 51 cents. The Board discussed this issue. Motion by R. Gladu, seconded by M. Martucci to rescind the mileage amount of 45 cents and increase the amount to 51 cents in Resolution #5 of 2011. The Town Clerk will note the change in the minutes of the Organizational Meeting of 1/5/11.
AYES: Supervisor Belden, R. Gladu, M. Martucci, and E. Frasier.
NAYS: R. Meola
Motion carried.
2. Buildings & Grounds/Enhancement (Martucci/Frasier): Councilman Martucci reported that Councilwoman Frasier and he met with the Department of Health on what needed to be completed to meet certification of the Community Center kitchen. Tim Fiallo will be painting the kitchen and there are few small items that need to be done.
3. Finance & Insurance (Frasier/Martucci): No report.
4. Fire Department (Gladu/Martucci): Councilman Martucci reported that the MR3 boat is being repaired and will be back in the spring.
5. Highway (Martucci/Gladu): Superintendent Smith reported that the have been busy getting ready for the storm. The State and the Highway Department will work together on fixing the ice runoff problem on Pine Orchard Road this summer.
6. Museum & Historian (Frasier/Martucci): Councilwoman Frasier reported that the Historical society would like to place a sign on the outside entrance to the Community Center which would inform guests that the Museum is located inside the building. The sign could also have extra space for other events. The Board thinks that this is a great idea. Councilwoman Frasier also reported that research needs to be done to determine ownership of the West Hague Road Cemetery.
7. Personnel (Frasier/Gladu): No report.
8. Planning/Zoning/Stormwater (Gladu/Meola): ZEO Cathy Clark would like the Town Board to send a rebuttal letter explaining that Mr. Grisi of the APA had contacted her regarding the town having a possible conflict of interest with the appointment of the Lake George Waterkeeper to the ZBA based on his position. Councilman Meola wrote a letter to Mr. Stiles, Chairman of the APA on Town of Hague letter head claiming that Mr. Grisi was meddling in an area outside his responsibilities. The ZEO would like the Town Board to send a rebuttal letter to Mr. Stiles.
Councilwoman Frasier added that if one member of the Board has problems or issues on a Town situation, it does not mean that they should use Town of Hague letter head to endorse their opinion. This makes it look as if the whole Board supports that position.
Motion by M. Martucci, seconded by R. Gladu to have Supervisor Belden send a letter to Mr. Stiles of the APA making him aware that this was not the position of the entire Town Board. All voting yes. Motion carried.
ZONING REPORT TO TOWN BOARD
January 14, 2011
The Planning closed the public hearing for a restaurant application at Dockside Landing Marina. An email received from the Department of Transportation concerning the requested crosswalk was read by Chairman Siwek. Pending the DOT approval of the plans for a staircase from the parking lot, a crosswalk will be able to be installed. The SEQRA review was completed with a neg. dec. declared. The Planning Board removed a 1983 Planning Board condition of “No sanitary facilities in the log building.” The Board awarded a conditional approval of a restaurant use for the log building.
The Wilson subdivision review will continue once all the involved agencies approvals have been returned.
9. Recreation Promotion & Youth (Meola/Martucci): Councilman Martucci reported on the upcoming Centurion Bike Race scheduled for June 25, 2011. There will be no state roads closed for this event.
10. Sewer Dist. #1 & #2 (Belden/Frasier): No report.
11. Town Park (Meola/Martucci): Councilman Meola has been working on a proposal for playground equipment. Motion by Supervisor Belden seconded by E. Frasier to purchase playground equipment for the Town Park under state contract from Miracle Recreation Equipment Company in the amount of $20,960.68 including installation. AYES: Supervisor Belden, R. Meola, E. Frasier, R. Gladu, and M. Martucci. Motion carried.
12. Transfer Station (Gladu/Meola): Motion by R. Meola seconded by M. Martucci that the Annual Clean-up Day in Hague is scheduled for June 17 & 18 of 2011. All voting yes. Motion carried. Councilman Gladu will also work on a drop off spot for refrigerators and air conditioners.
UNFINISHED BUSINESS:
1. Code modifications: Supervisor Belden thanked Cathy Clark for all of her help with the code modifications.
The process for Code Modification:
Town Board reviews, if no changes sends back to the Planning Board for review and approval. The Code Modifications will come back to the Town Board. The Board will pass a resolution to send the changes to the APA for their approval. Upon their approval a public hearing will be held.
Motion by R. Gladu, seconded by E. Frasier to accept the code Modification changes and send them to the Hague Planning Board for their review. All voting yes. Motion carried.
2. Resolution #36 of 2011
Property Tax Cap
Resolution introduced by R. Gladu, seconded by E. Frasier
Whereas, towns provide services to more than eight million New Yorkers, yet account for less than 15% of the overall real property tax burden; and
Whereas, towns are uniquely dependent upon the real property tax to fund town services, more so than counties, cities and villages in that towns do not have the authority to levy sales taxes, occupancy taxes, gross receipts taxes or income taxes; and
Whereas, non property tax revenues (e.g. mortgage recording taxes [fell by $164 million from 2006 to 2008], sales taxes [declined by $30 million from 2008 to 2009], and state/federal aid/grant programs [State AIM decreased by 5%]) are subject to market fluctuations and the ability of the federal, state and county governments to share revenue with towns; and
Whereas, the costs to provide Town of Hague services and to fund town operations continue to increase despite declining revenues, such as:
Health Care
TOTAL COST $130,111 ( 4.6 % of current year appropriations)
NOTE: Yearly increase in Health Care costs
2009 2010 2011*
17% 17% 7%
* 2011 increased deductibles and co-pay
Transportation/Water/Wastewater
Highway $786,128 ( 28.1 % of current year appropriations)
Pension Contributions
Retirement $48, 359
Total Salary $443,861 (15.9 % of current year appropriations)
Whereas, many town expenses are dictated by compliance with federal and state mandates, most notably: storm water management, prevailing wage, procurement requirements, collective bargaining procedures, and the administration of real property exemptions; and
Whereas, New York State has primarily provided real property tax relief through ad hoc property tax exemptions rather than comprehensive property tax reform, resulting in a tax shift rather than a tax reduction as well as additional administrative and litigation costs; and
Whereas, simply capping property taxes will not reduce the cost of health care, mandate compliance, pension contributions or the public’s expectation of governmental services; and will not provide much needed relief to middle class taxpayers who are paying unsustainably high double digit percentages of their fixed or stagnant incomes in property taxes.
Whereas, the Town of Hague have taken initiative in lowering property taxes through the increased use of fund balance, increased employee health care contribution, and delays in equipment purchases, and program optimization
NOW THEREFORE BE IT
RESOLVED, that based upon Home Rule principles the Town of Hague has traditionally opposed state mandated property tax caps; and Be It Further
RESOLVED, that the Town of Hague calls upon the Governor and Members of the State Legislature to fund and/or eliminate state mandates, provide immediate relief to overburdened taxpayers by linking the amount of property tax paid to income, reform the real property tax system, and address cost drivers in the provision of local government services/operations, E.G. Social Services, before implementing a property tax cap.
DULY ADOPTED BY THE FOLLOWING VOTE:
AYES: Supervisor Belden, R. Gladu, E. Frasier, R. Meola, and M. Martucci.
NAYS: None
ABSENT: None
DATED: January 11, 2011
____________________________
Deborah F. Manning
Town Clerk
3. The Town Board will review the Town Clerk/Tax & Sewer Collector books along with the Town Justice by January 20, 2011.
COMMUNICATIONS & PETITIONS:
1. Attorney Viscardi sent a request to the Town Board wishing to attend the NYS Association of Towns Conference in NYC. The Board discussed this. Motion by R. Gladu, seconded by M. Martucci that the Town Board will pay the cost for the Attorney to attend the NYS Association of Towns Conference in NYC.
AYES: M. Martucci, R. Gladu.
NAYS: R. Meola, E. Frasier, and Supervisor Belden.
Motion denied.
The Town Board will discuss and arrive at a procedure for allowing officials to attend the Associations of Towns.
NEW BUSINESS:
1. Motion by E. Frasier, seconded by M. Martucci to give permission for Paul Belden to attend two classes
1. Wastewater treatment: Activated Sludge Processes
2. Wastewater Treatment: Basic Laboratory Course
The classes are required for WT Operator license
All voting yes. Motion carried.
2. Cleanup Day is scheduled for June 17 & 18 2011
SUPERVISORS REPORT & COUNTY REPORTS: Supervisor Belden reported that he has asked the County Attorney if it is possible for Towns to piggy back the Warren County Health Insurance for Town employees. At this time it does not look like it is possible.
Councilman Meola will draft a letter to Towns in Warren County and try to have a meeting set up with one representative from each Town to discuss Health Insurance.
Other:
1. The Town Board will review the contract with Clough Harbor on the Post-Closure Environmental Monitoring Services – Landfill.
2. Motion by R. Gladu, seconded by M. Martucci to give the Hague Fish & Game Club $2,000 out of Occupancy Tax Money to promote the annual Fishing Tournament. All voting yes. Motion carried.
ADJOURNMENT:
Motion by M. Martucci, seconded by E. Frasier to adjourn meeting at 8:05 pm. All voting yes. Motion carried.
Respectfully submitted,
Deborah F. Manning
Town Clerk