April 12, 2021

Town of Lake Luzerne

Regular Town Board Meeting

April 12, 2021

 

Supervisor Merlino called meeting to order at 7pm with the following members present: Councilman O’Neal, Councilman Lewandowski, Councilman Fazio, Councilman Waterhouse. Also present: Highway Superintendent, Ron Deuel and Deputy Highway Superintendent, Logan Brooks, and Attorney for The Town, David Mitchell, Esq.

Motion by Councilman Waterhouse, seconded by Councilman Lewandowski to accept the minutes of the March 8th Town Board meeting.  All in favor, aye, None Opposed, Carried. 5-0.

Floor Open to the Public on Legislation. No comment.

Motion by Councilman Fazio, Seconded by Councilman O’Neal to set a public  hearing on May 10th at 7 pm  to hear comment on proposed Local Law #1 of 2021: Town Constable. All in favor, aye, None opposed, Carried. 5-0.

RESOLUTION 50 of 2021

RESOLUTION INTRODUCED BY SUPERVISOR MERLINO

RESOLUTION AUTHORIZING PAYMENT OF MONTHLY VOUCHERS OF THE 4th

ABSTRACT AS FILED IN THE OFFICE OF THE TOWN CLERK OF LAKE LUZERNE

WHEREAS, the Town Board of Lake Luzerne is obliged to review various vouchers submitted for payment and shall review same on a monthly and/or periodic basis for legitimacy, and authorize payment of same, pursuant to and in compliance with the Laws of the State of New York, Warren County and the Town of Lake Luzerne, and

WHEREAS, the payment vouchers received, reviewed and approved for payment from the 3rd Abstract are identified as follows:

GENERAL:                26960 – 27007                        $29,147.87

27072

HIGHWAY:               27008 – 27059                        $80,887.42

SW1:                           27060 – 27069                        $ 3,353.51

SW2:                           27070 – 27071                        $      50.00

Resolution was seconded by Councilman Waterhouse, No Discussion, All in Favor, aye, None opposed. Carried 5-0  

RESOLUTION 51 of 2021

RESOLUTION INTRODUCED BY DEPUTY SUPERVISOR WATERHOUSE

RESOLUTION ESTABLISHING AND CONFIRMING COUNCIL AND COMMITTEE

ASSIGNMENTS.

WHEREAS, the Town Board of Lake Luzerne desires to establish the following Council Committees to assist in the oversight of the various departments of government in the Town of

Lake Luzerne which will ensure that optimal services are provided to the residents of the Town of Lake Luzerne, thus, the Council committees and assignments for 2021 are as follows:

 

Personnel/Employee HR                                Waterhouse and O’Neal

Assessor                                                          Fazio

Town Clerk/Office/Records                           Waterhouse

Fire Dept./EMS                                              Fazio and O’Neal

MSW/Transfer Station                                   Lewandowski and O’Neal

Highway Dept.                                               O’Neal and Fazio

Water Dept.                                                    Waterhouse and Fazio

Town Insurance                                              Waterhouse

Tourism/Occupancy Tax                                Waterhouse and Fazio

B&G, Parks & Rec, Beaches, Lakes              Waterhouse and Lewandowski

Planning and Zoning                                       Lewandowski

Public Safety – Constable                               O’Neal and Fazio

Street Lighting                                                Lewandowski and Waterhouse

Justice Courts                                                 Waterhouse And Fazio

Animal (Dog) control                                     Lewandowski

Senior Citizens Center                                    Waterhouse and Fazio

Energy (gas, oil, solar, etc.)                            O’Neal and Lewandowski

Cemetery                                                         Lewandowski and Waterhouse

IT/Website                                                      Fazio and Waterhouse

Security                                                           Fazio and Lewandowski

 

NOW, THEREFORE BE IT RESOLVED, the above Town Board Committees are hereby established, assigned and confirmed. Resolution Seconded by Councilman Fazio, No Discussion, All in favor, aye. None opposed, Carried 5-0.

RESOLUTION 52 of 2021

RESOLUTION INTRODUCED BY SUPERVISOR MERLINO

AUTHORIZING SUPERVISOR MERLINO TO EXECUTE THE INTERMUNICIPAL AGREEMENT WITH WARREN COUNTY AUTHORIZING  THE CONTINUATION OF THE FUEL FARM LEASE AGREEMENT WITH THE TOWN OF LAKE LUZERNE

WHEREAS, the Warren County Board of Supervisors passed County Resolution  92 of 2021, authorizing the continuation of the fuel farm lease agreement(s) with the Towns of Bolton, Hague, Horicon, Johnsburg, and Lake Luzerne, and

WHEREAS, the Town Board of Lake Luzerne desires to continue the contractual agreement with Warren County for the Fuel Farm Facility, and

WHEREAS, the Intermunicipal Agreement with Warren County is attached hereto and made a part hereof.

NOW, THEREFORE BE IT RESOLVED, the Town Board of Lake Luzerne, authorizes Supervisor Merlino to execute the Intermunicipal Fuel Farm Agreement with Warren County, attached hereto and made a part hereof.

Resolution Seconded by Councilman Lewandowski, No Discussion, All in favor, aye, None opposed. Carried 5-0.

RESOLUTION 53 of 2021

RESOLUTION INTRODUCED BY SUPERVISOR MERLINO

RESOLUTION AUTHORIZING SUPERVISOR MERLINO TO EXECUTE THE INTERMUNICIPAL AGREEMENT WITH WARREN COUNTY AUTHORIZING THE CONTINUED CONTRACTUAL RELATIONSHIP FOR COMMUNITY SERVICES FOR THE ELDERLY PROGRAM WITHIN WARREN AND HAMILTON COUNTIES UNDER THE COMMUNITY SERVICES PROGRAM FOR THE OFFICE OF THE AGING.

WHEREAS,  the Warren County Board of Supervisors passed Resolution 208 of 2019 authorizing agreements  continuing relationships for community services the elderly  program within Warren and Hamilton counties under the community program for the office of the aging, and

WHEREAS, unless there is a material change in contract terms or provisions, a change in the amount of contract or a change or addition of a new contractor/agency, a further

County  Board Resolution is not necessary for the Chairman of the County Board of Supervisors to execute new contracts for one-year terms, and

WHEREAS, the recent Contract with Warren County for the services defined herein expired on March 31, 2021 and thus the new contract, attached hereto and made a part hereof, shall commence April 1, 2021 and continue to March 31, 2022 and the Town Board of Lake Luzerne desires to renew this contract with Warren County.

NOW, THEREFORE BE IT RESOLVED, the Town Board of Lake Luzerne herby authorizes Supervisor Merlino to execute the Intermunicipal Agreement with Warren County under the Community Services Program for the office of the aging, as attached hereto and made a part hereof.  Resolution seconded by Councilman Lewandowski. No Discussion, All in favor, aye, None opposed. Carried 5-0. 

RESOLUTION 54 of 2021 

RESOLUTION INTRODUCED BY COUNCILMAN FAZIO

RESOLUTION AUTHORIZING SUPERVISOR MERLINO TO EXECUTE THE “NEW YORK STATE DOT FORM PERM 32 FOR THE RENEWAL OF THE

ANNUAL MAINTENANCE HIGHWAY WORK PERMIT

WHEREAS, the New York State Department of Transportation (DOT) requires all municipalities that have utilities or any other facilities on New York State Highways and Rights of Way, have a valid New York State Department of Transportation Highway Work Permit and proof of protective Liability Insurance on file with DOT, and

WHEREAS, the annual Maintenance Highway Work Permit with DOT is due for renewal, and

Whereas, the N.Y.S.D.O.T. Annual Maintenance Highway Work Permit – PERM 32 is attached hereto and made a part hereof.

NOW, THEREFORE BE IT RESOLVED, the Town Board of Lake Luzerne hereby authorizes Supervisor Merlino to execute New York State DOT Form Perm 32 for the renewal of the annual Maintenance Highway Work Permit.

Resolution Seconded by Councilman O’Neal, No Discussion, All in favor, aye. Opposed, None. Carried. 5-0. 

RESOLUTION 55 of 2021

RESOLUTION INTRODUCED BY COUNCILMAN O’NEAL

APPROVING THE CORRECTION OF A CLERICAL ERROR ON PARCEL TAX MAP NUMBER 292.11-1-5 (19 SQUIRE CIRCLE) AND REMOVING AN ERRONEOUSLY RE-LEVIED WATER CHARGE IN THE AMOUNT OF $137.50 AND AUTHORIZING TRANSFER OF THE $137.50 FROM TOWN OF LAKE LUZERNE ACCOUNT SW12143 TO TOWN OF

WHEREAS, in accordance with Section 550 of the Real Property Tax Law concerning an error on the 2

021 Lake Luzerne Town and County Tax Roll, the Director of Warren County Real Property Tax Services has investigated the error claimed and found the alleged error does exist, and a copy of that finding is attached hereto and made a part hereof, and

WHEREAS, pursuant to Real Property Tax Law 550(2)(e) the Lake Luzerne Water relevy in the amount of $137.50 should not have been applied to this parcel, and

WHEREAS, the relevy has been removed and it is now necessary to authorize the Town of Lake Luzerne Bookkeeper to move the $137.50 from SW12143 account to the Town of Lake Luzerne Tax collection account ending in 7505.

NOW, THEREFORE BE IT RESOLVED, the Town of Lake Luzerne Bookkeeper is hereby authorized to move the $137.50 from the SW12143 account to the Tax Collection account ending in 7505.

Resolution Seconded by Councilman Lewandowski, No Discussion, All in favor, Aye. None Opposed. Carried 5-0.

RESOLUTION 56 of 2021

RESOLUTION INTRODUCED BY COUNCILMAN LEWANDOWSKI

RESOLUTION APPOINTING DANE MORTON TO THE POSITION OF

ALTERNATE TO THE TOWN OF LAKE LUZERNE PLANNING BOARD

WHEREAS, the Town Board of Lake Luzerne, pursuant to New York State Town Law section 271(15), desires to fill the vacant “Alternate” position on the Town of Lake Luzerne Planning Board, where the term for this position shall be five years, and

WHEREAS, Dane Morton submitted his letter of interest in being appointed to the position of Alternate on the Planning Board, and

WHEREAS, Dane Morton is a lifelong resident of the Town of Lake Luzerne and owns several businesses in the Town, and

WHEREAS, Supervisor Merlino has presented the appointment of Dane Morton as Alternate on the Town of Lake Luzerne Planning Board for Town Board approval.

NOW THEREFORE BE IT RESOLVED, the Town Board of Lake Luzerne hereby confirms the appointment of Dane Morton as “Alternate” on the Planning Board.

Resolution Seconded by Councilman Fazio,  No Discussion, All in favor, Aye. None Opposed. Carried 5-0.

 

RESOLUTION 57 of 2021

WITHDRAWN BY COUNCILMAN WATERHOUSE.

MOTION BY SUPERVISOR MERLINO TO ADD NEW RESOLUTION 57 OF 2021 TO THE AGENDA.  MOTION SECONDED BY COUNCILMAN O’NEAL. ALL IN FAVOR,  AYE, NONE OPPOSED CARRIED 5-0.

RESOLUTION 57 OF 2021

RESOLUTION INTRODUCED BY DEPUTY SUPERVISOR WATERHOUSE

MANDATING THAT  ONLY THE HIGHWAY SUPERINTENDENT AND THE SUPERINTENDENT OF BUILDINGS AND GROUNDS SHALL HAVE THE AUTHORITY TO PREPARE, CERTIFY AND PRESENT BIWEEKLY PAYROLL FOR THEIR PRESPOECTIVE DEPARTMENTS TO THE BOOKKEEPER OF THE TOWN OF LAKE LUZERNE

WHEREAS, the Town of Lake Luzerne Highway Department and the Town of Lake Luzerne Buildings and Grounds Department each have hourly employees who are required to punch in and out daily through the use of a time clock to keep track of the employees total biweekly hours for payroll purposes, and

WHEREAS, biweekly, each department is required to gather all times cards for their respective departments, total the hours for each employee and transfer same to a payroll time sheet, certify the time sheet as accurate and deliver both the cards and payroll time sheet to the Town Bookkeeper to issue payroll checks to all department employees, and

WHEREAS, the Town Board of Lake Luzerne, with this Resolution, mandates that the biweekly preparation of departmental payroll and certifications must be prepared only by the Highway

Superintendent and the Superintendent of Buildings and Grounds for their respective departments, and

WHEREAS, the duty to prepare these biweekly payroll records and deliver same to the Bookkeeper of the Town of Lake Luzerne, cannot be delegated to any other departmental employee.

NOW, THEREFORE BE IT RESOLVED, the Town Board of Lake Luzerne hereby mandates that only the Superintendent of Highways and the Superintendent of Buildings and Grounds shall have the authority to prepare, certify and present biweekly payroll records to the Bookkeeper of the Town of Lake Luzerne.

Resolution Seconded by Councilman O’Neal. Discussion: Attorney advised that he was asked to prepare this resolution as it relates to accountability. In the absence of the Department head, the second in command will prepare the payroll.   All in favor, Aye, None opposed, Carried 5-0.

RESOLUTION 58 of 2021

RESOLUTION INTRODUCED BY SUPERVISOR MERLINO

RESOLUTION AUTHORIZING SUPERVISOR MERLINO TO PURCHASE THE

2008 STREET SWEEPER FROM THE TOWN OF WARRENSBURG FOR

A PURCHASE PRICE NOT TO EXCEED $45,000.00

WHEREAS, the Town of Warrensburg owns a 2008 Elgin Pelican Street sweeper, vehicle identification number NP1025S, as shown in the retail certificate of sale attached hereto and made a part hereof, and

WHEREAS, the Town of Warrensburg desires to sell the 2008 Elgin Pelican Sweeper to the Town of Lake Luzerne, and the Town of Lake Luzerne desires to purchase same, and

WHEREAS, Highway Superintendent Ron Deuel has demonstrated the need for the purchase of this sweeper and has where the market value of sweeper is slightly above the agreed upon price of $45,000.00, and

WHEREAS, Highway Superintendent has included a sales listing for a comparable 2005 Pelican Sweeper, which is listed for $54,500.00 and that listing is attached hereto and made a part hereof.

NOW, THEREFORE BE IT RESOLVED, Supervisor Merlino is hereby authorized to purchase the 2008 Elgin Pelican street sweeper from the Town of Warrensburg in an amount not to exceed $45,000.00.

Resolution Seconded by Councilman Waterhouse. No Discussion. All in favor, Aye, None Opposed, Carried 5-0.

RESOLUTION 59 of 2021

RESOLUTION INTRODUCED BY SUPERVISOR MERLINO

RESOLUTION DESIGNATING CEDARWOOD ENGINEERING SERVICES, PLLC

AS THE ENGINEER FOR THE TOWN OF LAKE LUZERNE FOR 2021 AND

AUTHORIZING SUPERVISOR MERLINO TO EXECUTE THE SERVICES

CONTRACT WITH CEDARWOOD FOR 2021

WHEREAS, the Town Board of Lake Luzerne annually appoints an Engineer as the Engineer to the Town, and

WHEREAS, Supervisor Merlino has presented the Appointment of Cedarwood Engineering Services, PLLC, as Engineer to the Town of Lake Luzerne for 2021, the Town Board for approval and confirmation, and

WHEREAS, the services contract for 2021 for Cedarwood Engineering Services, PLLC has been reviewed and approved by the Attorney for the Town of Lake Luzerne and is attached hereto and made a part hereof. 

NOW, THEREFORE BE IT RESOLVED, the Town Board of Lake Luzerne approves and confirms the appointment of Cedarwood Engineering Services, PLLC as the Engineer for the Town of Lake Luzerne for 2021 and the Town Board hereby authorizes Supervisor Merlino to execute the services contract attached hereto and made a part hereof.

Resolution Seconded by Councilman Fazio,  No Discussion, All in favor, aye. None Opposed. Carried 5-0.

Motion by Councilman Waterhouse to add Resolution 60 of 2021 to the Agenda. Seconded by Councilman Fazio. All in favor, aye. None Opposed. Carried 5-0.

RESOLUTION 60 OF 2021

RESOLUTION INTRODUCED BY DEPUTY SUPERVISOR WATERHOUSE

RESOLUTION SETTING SUMMER HOURS FOR THE TOWN OF LAKE LUZERNE TRANSFER STATION

WHEREAS, the Town Board of Lake Luzerne shall annually set summer hours for the Town of Lake Luzerne Transfer Station, and

WHEREAS, for 2021, the Summer hours shall run from April 16, 2021 and run through October 16, 2021, and

WHEREAS, the Summer Hours shall be as follows:

 

SUNDAY:      Closed

MONDAY:     Closed

TUESDAY:    8:00 am – 4:00 pm      (Gates closed at 3:45)

WEDNESDAY: 8:00 am – 4:00 pm  (Gates closed at 3:45)

THURSDAY: 8:00 am – 4:00 pm      (Gates closed at 3:45)

FRIDAY:        8:00 am – 4:00 pm      (Gates Closed at 3:45)

SATURDAY  8:00 am – 4:00 pm      (Gates Closed at 3:45)

 

NOW, THEREFORE BE IT RESOLVED, the Town Board of Lake Luzerne hereby sets the summer hours for the Town of Lake Luzerne Transfer Station as defined herein above.

Resolution Seconded by Councilman O’Neal.  No Discussion, All in favor, aye. None opposed. Carried 5-0

Town Clerk – Cynthia Sherwood

  • Monthly Financial Report to the Supervisor for March was distributed to the Town Board members. Local Shares remitted $4,172.50.
  • Received Zoning Report from ZEO Putney entered in these minutes.
  • Next month the Board will need to set the water rate for the Hudson Grove Water District.

Zoning Report to Town Board

April 1, 2021

12 Permits issued in March—2021-12 through 23–last year-to-date 12

APA Correspondence—**Notification of Utility Pole Replacement, 79 Old Stage Rd.

***Parcel No. 286.-1-34, Lake Ave., follow-up correspondence to enforcement action

***Parcel No. 299.13-1-14, Sagamore Dr., non-jurisdictional letter

***Parcel No. 307.-2-39, Glens Falls Mtn. Rd., General Permit for replacement or installation of new telecommunication infrastructure

***Parcel No. 275.-1-32, Lake Ave, Amended Permit Information Request

Zoning Board of Appeals Meeting-March 11, 2021

**Public Hearing Area Variance at 665 East River Dr., shoreline setback—approved

**Discussion of status of Cell Tower application on Hall Hill Rd.

Planning Board Meeting—March 24, 2021

Cancelled—no new applications received

Violations and/or Complaints – nothing new

Still need an alternate for the Planning Board

Highway Superintendent – Ron Deuel

  • All paperwork has been turned in to the engineer for the water line extension on Circular St.. With this completed, it will eliminate another bleeder. The line extension on Pine Street, also enabled discontinued use of that bleeder this year.
  • Inventory list of equipment is in everyone’s box
  • Spring Clean up is the first week of May.
  • Road sweeping still. Hopefully done in less than 2 weeks.

Projects:

  • 2 culverts on top of the mountain road before paving
  • Then move to Hawk Road to do culverts there.

Councilman Waterhouse – The amendments to the employee handbook should be ready in a month or two.

Councilman Fazio – Could he get a list of roads that may be paved in the future.  Also could the sweeper be run around the town business district to freshen things up.

Highway Supt brings in a professional company to go through the roads to rate them and prioritize the work needed.

Councilman Lewandowski complimented department work on the beach area and the parks .

Supervisor Merlino – The opening of the Town Hall will be on the website and the summer hours for the transfer station.   Discussed the EMS budget questions and issues.

Floor open to public:  Howard Schaffer asked about Beach director vacancy.

Motion by Councilman Lewandowski seconded by Councilman O’Neal to move into executive session to discuss employee issue.  All in favor, aye. Carried 5-0.

Respectfully submitted,

_______________________________

Cynthia Sherwood, Town Clerk, RMC