June 21, 2021

TOWN OF LAKE LUZERNE

SPECIAL TOWN BOARD MEETING

JUNE 21, 2021

 

DEPUTY SUPERVISOR WATERHOUSE CALLED MEETING TO ORDER AT 6 PM WITH THE FOLLOWING MEMBERS PRESENT: COUNCILMAN O’NEAL, COUNCILMAN LEWANDOWSKI AND COUNCILMAN FAZIO.  ALSO PRESENT: ATTORNEY FOR THE TOWN, DAVID MITCHELL ESQ. 

 

TOWN CLERK CYNTHIA SHERWOOD READ A LETTER FROM SUPERVISOR EUGENE MERLINO ADVISING THE BOARD THAT FOR HEALTH REASONS HE WILL BE OUT OF THE OFFICE ON MEDICAL LEAVE UNTIL THE END OF AUGUST. 

 

ATTORNEY ADVISED THAT  THE LAW PROVIDES THAT DUE TO MEDICAL ABSENCE, THE SUPERVISOR WILL CONTINUE TO  DRAW HIS SALARY. 

 

FLOOR OPEN TO THE PUBLIC ON LEGISLATION:

 

JOHN KURIMSKI – PLANNING BOARD MEMBER.  QUESTIONS ABOUT THE COMPREHENSIVE PLAN AND HOW IS THE PANEL CHOSEN. RESOLUTION  87 AUTHORIZES THE TOWN TO PREPARE THE PLAN. RESOLUTION 88 AUTHORIZES AN ADVISORY COMMITTEE TO WORK ON THE PLAN. 15 RESIDENTS CAN BE APPOINTED  TO PREPARE A PROPOSAL. THOSE INTERESTED IN SERVING ON THE COMMITTEE SHOULD CONTACT THE TOWN CLERK’S OFFICE. 

 

RESOLUTION 87 OF 2021RESOLUTION INTRODUCED BY DEPUTY SUPERVISOR WATERHOUSE AUTHORIZING THE ISSUANCE OF AN RFP/RFQ FROM THE TOWN OF LAKE LUZERNE – TO ALL QUALIFIED – TO SUBMIT PROPOSALS AND QUALIFICATIONS TO THE TOWN BOARD OF LAKE LUZERNE FOR UPDATING THE “COMPREHENSIVE PLAN” FOR THE TOWN OF LAKE LUZERNE. 

 

WHEREAS, Article 16, Section 272-A of the Town Law of New York State provides the foundation and legislation supporting the concept and authorization for every Town to prepare a Comprehensive Plan for their community, and 

 

WHEREAS, Significant decisions and actions affecting the immediate and long-range protection, enhancement, growth and development of the state and its communities are made by local governments, and 

 

WHEREAS, Among the most important powers and duties granted by the legislature to a town government is the authority and responsibility to undertake town comprehensive planning and to regulate land use for the purpose of protecting the public health, safety and general welfare of its citizens, and 

 

TOWN OF LAKE LUZERNE

SPECIAL TOWN BOARD MEETING

JUNE 21, 2021

 

WHEREAS, The development and enactment by the town government of a town comprehensive plan which can be readily identified, and is available for use by the public, is in the best interest of the people of each town, and 

 

WHEREAS, The great diversity of resources and conditions that exist within and among the towns of the state compels the consideration of such diversity in the development of each town comprehensive plan, and 

 

WHEREAS, The participation of citizens in an open, responsible and flexible planning process is essential to the designing of the optimum town comprehensive plan, and 

 

WHEREAS, The town comprehensive plan is a means to promote the health, safety and general welfare of the people of the town and to give due consideration to the needs of the people of the region of which the town is a part, and 

 

WHEREAS, The comprehensive plan fosters cooperation among governmental agencies planning and implementing capital projects and municipalities that may be directly affected thereby, and 

 

WHEREAS, It is the intent of the legislature to encourage, but not to require, the preparation and adoption of a comprehensive plan pursuant to this section. Nothing herein shall be deemed to affect the status or validity of existing master plans, comprehensive plans, or land use plans.

 

WHEREAS, the Town of Lake Luzerne Comprehensive Plan has not been updated since April of 2010 and it is sound government policy to update the plan at least every ten years, and 

 

WHEREAS, the Town Board will be approving Resolution 88 of 2021, creating a “Town Advisory Committee” which shall define all the necessary and essential terms of the proposed RFP/RFQ to support the updated Comprehensive Plan. 

 

NOW THEREFORE BE IT RESOLVED, in accordance with New York State Town Law, Article 16, Section 272-A, the Town Board hereby Authorizes the Issuance of an RFP/RFQ for updating the Town of Lake Luzerne Comprehensive Plan, as prepared and defined by the Town Advisory Committee.  

RESOLUTION WAS SECONDED BY COUNCILMAN FAZIO. NO DISCUSSION, ALL IN FAVOR, AYE. NONE OPPOSED.  CARRIED 4-0. 

 

RESOLUTION 88 OF 2021RESOLUTION INTRODUCED BY DEPUTY SUPERVISOR WATERHOUSE AUTHORIZING THE CREATION OF A “TOWN ADVISORY COMMITTEE” OF LAKE LUZERNE RESIDENTS FOR THE PURPOSE OF PARTICIPATING IN AND CONTRIBUTING TO THE UPDATE OF THE “COMPRHENSIVE PLAN” FOR THE TOWN OF LAKE LUZERNE”  

 

TOWN OF LAKE LUZERNE

SPECIAL TOWN BOARD MEETING

JUNE 21, 2021

 

WHEREAS, the Town Board of Lake Luzerne, passed Resolution 87 of 2021 authorizing the Town to issue an RFP/RFQ for the update of the “Comprehensive Plan” for the Town of Lake Luzerne, pursuant to New York State Town Law, Article 16, Section 272-A, and 

 

WHEREAS, the Town Board has determined in the best interest of the Town, the Town Board shall create a “Town Advisory Committee” (TAC), which shall consist of at least eight (8) and no more than fifteen (15) Lake Luzerne Residents, who shall be appointed by the Town Board of Lake Luzerne, and 

 

WHEREAS, the “Town Advisory Committee” (TAC) shall be charged with the following duties and responsibilities: (1) To create the proposed solicitation for an RFP/RFQ for the Town of Lake Luzerne, to those qualified to work for and with the Town of Lake Luzerne to update the Town Comprehensive plan from April 2010; (2) To receive and review all RFP’s/RFQ’s and to recommend to the Town Board of Lake Luzerne, the selection of the successful candidate submission to update the Comprehensive Plan for Lake Luzerne; (3) To work with the successful candidate to update the Town Comprehensive Plan, including holding public hearings with Town residents to arrive at a community wide consensus on updating the Town Comprehensive plan; and (4) To present the final recommended updated Town Comprehensive Plan to the Town Board for approval and adoption.

 

NOW THEREFORE BE IT RESOLVED, the Town Board of Lake Luzerne herby authorizes the creation of a Town Advisory Committee (TAC) as defined, authorized and pursuant to entirety of this Resolution hereinabove.  RESOLUTION WAS SECONDED BY COUNCILMAN LEWANDOWSKI. NO DISCUSSION. ALL IN FAVOR,  AYE. NONE OPPOSED.  CARRIED 4-0.  

 

RESOLUTION 89 OF 2021 –   RESOLUTION INTRODUCED BY COUNCILMAN FAZIO 

 RECOGNIZING NEW YORK STATE “UTILITY MORATORIUM” IN MATTER 20-01676 – IN THE MATTER OF IMPLIMENTATION OF THE PUBLIC SERVICE LAW SECTIONS: 32; 89-b; 89-1 91; 216 AND GENERAL BUSINESS LAW SECTION 399-ZZZZ (CHAPTER 106 OF THE LAWS OF 2021) REGARDING ISSUING A MORATORIUM ON UTILITY SERVICE TERMINATIONS AND DISCONNECTIONS OF RESIDENTIAL AND SMALL BUSINESS 

CUSTOMERS DURING THE COVID19 STATE OF EMERGENCY

WHEREAS, on May 11, 2021, the State of New York signed into Law amendments to the Public Service Law (PSL) and General Business Law that provide an expansion of the moratorium on terminations and disconnections of electricity, gas, steam, landline telephone, cable television, broadband and water services to customers during and after the COVID19 State Disaster Declaration, and

TOWN OF LAKE LUZERNE

SPECIAL TOWN BOARD MEETING

JUNE 21, 2021

 

WHEREAS, pursuant to this State directives and guidance, the Town of Lake Luzerne shall file with the State Public Service Commission (PSC): (1) a plan for the overall implementation of the Statute; (2) the Public Water Service Provider Contact Form; and (3) the Notice to Residential and Small Business Water Customers of the Town of Lake Luzerne, all attached hereto as exhibit “A”; “B” and “C”. and made a part hereof, and  

 

WHEREAS, for those Town of Lake Luzerne residential and small business customers experiencing a change in financial circumstance, due to the COVID 19 State of Emergency, who have executed a “self-certification’ and filed same with the Town of Lake Luzerne, shall be allowed to enter into a “Deferred Payment Plan” (DFP) which allows the Town to accept monthly payments of ten dollars per month over the twelve months following the self-certification, which must be filed no later than July 31, 2021, as attached hereto as Exhibit “D” and made a part-hereof.

 

NOW THEREFORE BE IT RESOLVED, the Town Board of Lake Luzerne, hereby recognizes the New York State Utility Moratorium and approves and authorizes the provisions as defined in the Resolution. 

 

RESOLUTION WAS SECONDED BY COUNCILMAN O’NEAL.

DISCUSSION: ATTORNEY EXPLAINED THAT NYS PASSED AN EXTENSION TO MORATORIUM FOR ALL BUSINESSES. IT APPLIES TO LAKE LUZERNE.  WHAT THE LAW DOES IS THAT THE TOWN CANNOT RELEVY WATER  BILLS UNTIL JAN 2023. CANNOT CHARGE INTEREST OR PENALTIES AND ALSO A LETTER FOR WATER CUSTOMERS NOTIFYING THEM OFTHIS MORATORIUM IF THEY ARE IMPACTED AT ALL BY COVID 19, THEY WOULD COME TO THE TOWN HALL AND FILL OUT AN APPLICATION FOR FINANICAL HARDSHIP AND THE TOWN MUST ACCEPT IT  AND ARRANGE FINANCIAL PAYMENTS OF $10 PER MONTH OVER 12 MONTHS. ALSO A PUBLIC SERVICE ID FORM IDENTIFYING THE TOWN CLERK AS CONTACT PERSON.  

NO FURTHER DISCUSSION.  ALL IN FAVOR, AYE, NONE OPPOSED. CARRIED 4-0. 

 

RESOLUTION 90 OF 2021 – RESOLUTION INTRODUCED BY COUNCILMAN LEWANDOWSKI AUTHORIZING THE HIRING OF –CONNOR RUMPF – A PART TIME EMPLOYEE IN THE BUILDINGS AND GROUNDS DEPARTMENT, TO WORK 20-30 HOURS  PER WEEK (FRIDAY-MONDAY) AT A STARTING RATE OF $15.00 FOR A SIX-MONTH PROBATIONARY PERIOD. 

 

WHEREAS, the Town Board of Lake Luzerne, at the February 28, 2021 Town Board Meeting, passed Resolution 22 of 2021, requiring Town Board approval of the hiring of all New Town of Lake Luzerne Employees, and 

 

WHEREAS, the Town Board deems it necessary to hire a new part-time employee in the Buildings and Grounds Department for a six month probationary period, to assist with the duties in the Buildings and Grounds Department, and

 

TOWN OF LAKE LUZERNE

SPECIAL TOWN BOARD MEETING

JUNE 21, 2021

 

WHEREAS, this part-time position shall be a four day position: Friday, Saturday, Sunday and Monday for a total hours not to exceed 30 hours per week, and 

 

WHEREAS, the Town Board hereby approves the hiring of Connor Rumpf to the part-time position in the Buildings and Grounds Department.

NOW THEREFORE BE IT RESOLVED, the Town Board of Lake Luzerne hereby authorizes the hiring of Connor Rumpf in the part-time position in the Buildings and Grounds Department, pursuant to the terms defined hereinabove in this Resolution.

RESOLUTION WAS SECONDED BY DEPUTY SUPERVISOR WATERHOUSE, NO DISCUSSION, ALL IN FAVOR, AYE. NONE OPPOSED. CARRIED 4-0. 

 

RESOLUTION 91 OF 2021 –  RESOLUTION INTRODUCED BY COUNCILMAN LEWANDOWSKI AUTHORIZING  THE PURCHASE AND INSTALLATION OF A SIGN AT THE END OF SYLVAN ROAD PROHIBITING SWIMMING AND APPROVING THE LANGUAGE AND EXPENSE OF THE SIGN. 

 

WHEREAS, the Town Board of Lake Luzerne recognizes the need for a “NO SWIMMING” sign at the end of SYVAN Road, by the public access area for kayaks and canoes, and 

WHEREAS, the Sign shall read as follows:

 

NO SWIMMING

  “NO SWIMMING ALLOWED AT THIS ACCESS”

“ACCESS FOR: KAYAKS AND CANOES ONLY”

      “NO MOTORIZES BOATS ALLOWED”

 

             **BY ORDER OF THE TOWN BOARD OF LAKE LUZERNE**
WHEREAS, the Town Board of Lake Luzerne authorizes the purchase and installation of the sign, to read as defined hereinabove, to be installed prior to July 1, 2021 or as soon as practicable. 

 

NOW THEREFORE BE IT RESOLVED, the Town Board of Lake Luzerne hereby authorizes the purchase and installation of a “NO SWIMMING” sign at the end of SYLVAN Road near the Kayak and Canoe access area and containing the directives stated hereinabove in this Resolution.

RESOLUTION WAS SECONDED BY COUNCILMAN FAZIO.  DISCUSSION COUNCILMAN LEWANDOWSKI  TO CHANGE THE LANGUAGE WHERE THE SIGN SAYS “ NO MOTORIZED BOATS ALLOWED, IT SHOULD SAY NO LAUNCHING OF MOTORIZED  BOATS.  

MOTION BY COUNCILMAN LEWANDOWSKI TO MODIFY THE LANGUAGE OF THE RESOLUTION  TO SAY  “NO LAUNCHING OF MOTORIZED VEHICLES”.  MOTION SECONDED BY COUNCILMAN O’NEAL. ALL IN FAVOR, AYE, NONE OPPOSED, CARRIED 4-0. 

TOWN OF LAKE LUZERNE

SPECIAL TOWN BOARD MEETING

JUNE 21, 2021

 

RESOLUTION 92 OF 2021 – RESOLUTION  INTRODUCED BY COUNCILMAN O’NEAL AUTHORIZING  AND DIRECTING THE SOLICITATION OF BIDS FOR THE REPAIR  OF THE ROOF AT THE TOWN HALL AS PER THE CEDARWOOD ENGINEERING REPORT PREPARED FOR THE TOWN OF LAKE LUZERNE.

WHEREAS, the Town Board of Lake Luzerne hired Cedarwood Engineering to prepare a report identifying the necessary and required repairs needed on the roof at the Town Hall, and 

 

WHEREAS, Cedarwood Engineering has completed the report with all the areas of needed repairs identified and the Cedarwood report is attached hereto and made a part hereof, and 

 

WHEREAS, the Town Board of Lake Luzerne, requires a solicitation of BIDS for the recommended work to be performed on the roof at the Town Hall and the Cedarwood Engineering report shall be offered to the public for all qualified roofing companies to submit a BID and proposal to perform the work for the Town of Lake Luzerne, and 

 

WHEREAS, All BIDS shall be delivered to the Town Clerk of Lake Luzerne, by mail or email, no later than 5:00 pm, July 16, 2021.

 

NOW THEREFORE BE IT RESOLVED, the Town Board of Lake Luzerne hereby authorizes the solicitation for BIDS from all qualified roofing companies for the repair of the roof at the Town Hall where said repairs shall be consistent with the Cedarwood engineering report. 

RESOLUTION WAS SECONDED BY COUNCILMAN LEWANDOWSKI,  NO DISCUSSION, ALL IN FAVOR, AYE. NONE OPPOSED. CARRIED 4-0.

 

 

RESOLUTION 93 OF 2021 –  RESOLUTION INTRODUCED BY DEPUTY SUPERVISOR WATERHOUSE REPEALING RESOLUTION 68 OF 2021 AUTHORIZING PURCHASE OF  FLOWERS FOR THE TOWN.

 

WHEREAS, the Town Board of Lake Luzerne, at the May 10, 2021 Regular Town Board Meeting, at the request of and introduced by Supervisor Merlino, passed Resolution 68 of 2021, authorizing Supervisor Merlino to purchase flowers he ordered in the fall of 2020 from Town employee Theresa Rivers, and 

 

WHEREAS,  the Town Board had significant reservations about approving this purchase but moved forward to pass it in an effort to resolve a potential claim again the Town of Lake Luzerne by this employee for the value of the contract to purchase these flowers. As Supervisor Merlino had already ordered the flowers in the fall of 2020, committed to this purchase  without Town Board approval and the employee spent several months form the fall of 2020 to the Springs of 2021 growing these flowers, and

 

TOWN OF LAKE LUZERNE

SPECIAL TOWN BOARD MEETING

JUNE 21, 2021

 

WHEREAS, the Town Board has reconsidered the passage of Resolution 68 of 2021 and has decided to repeal Resolution 68 of 2021 as ordering the flowers in the fall of 2020 was a violation of the procurement policy of the Town of Lake Luzerne. 

 

NOW THEREFORE, BE IT RSOLVED,  Resolution 68 of 2021 is hereby REPEALED. 

RESOLUTION WAS SECONDED BY COUNCILMAN FAZIO. 

 

DISCUSSION:  DEPUTY SUPERVISOR WATERHOUSE WOULD LIKE TO GO BACK AND AMEND RESOLUTION 68 WHICH WILL STILL MAKE MISS RIVERS WHOLE, BUT SHE WILL HAVE TO PUT A CLAIM IN TO THE TOWN FOR PAYMENT.  ATTORNEY MITCHELL EXPLAINED THE LEVELS OF BOARD ACTIONS  FROM RESOLUTIONS TO ORDINANCES TO LOCAL LAWS AND  THAT RESOLUTION 68 WAS A VIOLATION OF THE PROCUREMENT POLICY.

VOTE:  ALL IN FAVOR, AYE. NONE OPPOSED. CARRIED 4-0. 

 

THE MINI MART HAS ISSUES OF GARBAGE PICK UP.  CANS ARE 45 GALLONS. ASKED A COUNCILMAN TO STOP DOWN AND DISCUSS IT WITH THEM.  

 

TOWN CLERK REPORT FROM REGULAR MEETING: 

 

THE MONTHLY FINANCIAL  REPORT TO THE SUPERVISOR WAS DISTRIBUTED TO THE BOARD MEMBERS IN THE AMOUNT OF 8927.85.

 

SNOWMOBILE AGREEMENT WAS PULLED FROM THE LAST MEETING.   

 

A GIFT FROM DAWN THOMAS OF A FRAMED POSTER OF THE FALL FESTIVAL  1979 OF WHICH SHE WAS THE JUNIOR MISS WILL BE TURNED OVER TO THE HISTORIAN FOR DISPLAY.  

 

AT LAST MEETING A LETTER FROM EDMUNDS GOV TECH, THE BUSINESS THAT PROVIDES THE CLERK, WATER AND TAX SOFTWARE ADVISES THAT  THERE ARE ISSUES WITH BACKING UP THE COMPUTERS TO THE SERVER THAT NEED IMMEDIATE ATTENTION. COUNCILMAN FAZIO WILL CONTACT EDMUNDS TO HELP ADDRESS THE ISSUES. 

 

NYS AG AND MARKETS INSPECTIONS OF THE DOG CONTROL OFFICER  WORK AND THE SHELTER FACILITY WERE BOTH SATISFACTORY. 

 

LINDA MERLINO FILED NOTICE OF LIQUOR LICENSE RENEWAL  FOR THE LAMPLIGHT INN EFFECTIVE 8/1/21 THROUGH 7/31/23.

TOWN OF LAKE LUZERNE

SPECIAL TOWN BOARD MEETING

JUNE 21, 2021

 

WORKING WITH HIGHWAY SUPT DEUEL FOR THE SPEED STUDY ON HALL HILL AND EAST RIVER DRIVE. 

 

RAYL ZUBAL – QUESTIONS ABOUT APPROVAL OF MAY MINUTES NOT ACCEPTED YET BY THE BOARD.   CLERK EXPLAINED THERE IS NOT A REQUIREMENT FOR THE BOARD TO APPROVE MINUTES, BUT THE CLERK  PREFERS THAT THEY BE ACCEPTED BY THE BOARD TO ACKNOWLEDGE THEY HAVE BEEN READ. 

BOARD FURTHER DISCUSSED THE PROCUREMENT POLICY WITH MR. ZUBAL AND THE PAYMENT FOR FLOWERS PURCHASED FROM THERESA RIVERS.

 

DISCUSSION REGARDING THE USE OF TOWN PROPERTY AT THE END OF SYLVAN ROAD FOR SWIMMING.  A PORTION OF THAT AREA IS PRIVATELY OWNED AND A PORTION IS OWNED BY THE TOWN.  IT IS NOT A TOWN BEACH AND IS NOT STAFFED WITH LIFEGUARDS.  IT CAN BE  USED TO TAKE KAYAKS AND CANOES IN AND OUT OF THE LAKE.  PARKING HAS BEEN AN ISSUE ON SYLVAN RD.  

  

 

WEBSITE MANAGER, MS. KRANZ, GAVE UPDATE ON THE FAR REACHING PROGRESS OF THE WEBSITE AND NEWLY CREATED FACEBOOK PAGE WHICH HAS 

REACHED 1892 ON FACEBOOK, 177 LIKES, 196 BUSINESSES AS FAR AS FLORIDA, AND INFORMATION ABOUT THE WEDNESDAY CAR SHOW.

 

MOTION BY COUCNILMAN FAZIO, SECONDED BY COUNCILMAN O’NEAL TO ADJOURN TO AN EXECUTIVE SESSION TO DISCUSS AN EMPLOYEE ISSUE. THERE WILL BE NO ACTION OF THE BOARD UPON RETURN FROM EXECUTIVE SESSION EXCEPT TO ADJOURN THE MEETING. ALL IN FAVOR AYE. NONE OPPOSED. CARRIED. 4-0. 

 

RESPECTFULLY SUBMITTED, 

 

___________________________

CYNTHIA SHERWOOD, RMC, TOWN CLERK