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