Town of Lake Luzerne
Regular Town Board Meeting
March 14, 2022
7:00 pm
Supervisor Merlino called the meeting to order with the following present: Councilman Lewandowski and Councilman Niles. Also present Michael Crowe, Attorney, Karen Putney, Zoning Enforcement Office and Logan Brooks, Deputy Highway Supt. Absent: Councilman Fazio.
Supervisor Merlino explained that he is working with Mr. Colvin to make adjustments to the equipment to make the Zoom experience better and apologized that it is taking time and also that the last meeting was adjourned and he was not aware that there were still people with raised hands on Zoom that did not get a change to speak before the meeting was adjourned, found out after that there were still people waiting to be heard.
Floor open to the public for comment on proposed legislation only ( 2 minute limit)
Paulette Zubal – Stewart Dr suggested asking people if they could hear you. (Zoom was not working fully) brought up transparency and its meaning and how public is to address resolutions if some are incomplete because once the board starts, the public cannot speak. Supervisor Merlino explained that there are times where the blanks cannot be prefilled. Councilman Niles explained that the agenda meetings have been changed to give more time to do resolutions.
Fay Leoussis – spoke in favor of the Milfoil Harvesting Resolution
Courtney McGuinn – Lake Luzerne Assoc. is in support of all Resolutions for Milfoil. Kurt, Howard and Tracey have put a lot of work into this, hoping to have everything approved quickly.
Mike Schaffer – in support of Milfoil resolution and as a 30 year volunteer for the lake it is imperative to keep forging ahead. Will continue to monitor the quality of the lake and following through with what the harvesters do to make sure they are doing their job.
Proposed Resolutions:
Resolution No. 39.1 – Resolved, to pay the bills of the 3rd Abstract of 2022
General Fund Voucher #28451-28488 $22,716.23
Highway Fund Voucher #28489-28517 $70,440.90
SW1 Fund Voucher #28518-28519 $345.00
SW2 Fund Voucher #28520-28521 $13,719.45
Introduced by Councilman Niles, Seconded by Supervisor Merlino. All in favor, none opposed, carried 3/0.
Resolution No. 40 of 2022 -Resolution to accept the Town Board Meeting Minutes of February 14, 2022
Tabled
Resolution No. 41of 2022 – Resolution Waiving 30-Day Advance Notice for Huttopia Adirondack LLC Liquor License Application
Resolved, that the Town waives the 30-Day Advance Notice for the liquor license application of Huttopia Adirondack LLC.
Councilman Niles asked what this is, Supervisor explained what it means to have the waiver. Huttopia just got ranked 16th in the nation for Glamping.
Introduced by Councilman Lewandowski, Seconded by Councilman Niles. All in favor, none opposed, carried 3/0.
Resolution No. 42 of 2022 – Resolution Appointing Kyle McMahon to the Planning Board
Resolved, Kyle McMahon is appointed to the Planning Board for a seven-year term.
Introduced by Councilman Niles, Seconded by Councilman Lewandowski. All in favor, none opposed, carried 3/0.
Resolution No. 43 of 2022 – Resolution Renaming Local Law 2 of 2021 to Local Law 1 of 2022
WHEREAS, on November 23, 2021, following a public hearing, the Town Board adopted Resolution 176 of 2021 which adopted Local Law 2 of 2021 pursuant to Town Law Section 27 to correct a typographical error regarding the annual salary of the Highway Superintendent; and
WHEREAS Local Law 2 of 2021 was subject to a permissive referendum; and
WHEREAS the period for the permissive referendum did not expire until after January 1, 2022, Local Law 2 of 2021 did not go into effect until the calendar year 2022 and as such, must be renamed as Local Law 1 of 2022;
NOW, THEREFORE, BE IT RESOLVED, that Local Law 2 of 2021 is hereby renamed and shall henceforth be known as and referred to as Local Law 1 of 2022.
Introduced by Councilman Lewandowski, Seconded by Councilman Niles. All in favor, none opposed, carried 3/0.
Resolution No. 44 of 2022 – Resolution Appointing Councilman Niles as Liaison for the Comprehensive Planning Committee
Resolved, Councilman Niles is appointed as the Town Board liaison for the Comprehensive Planning Committee.
Councilman Niles – I am honored to do this, it’s agreat opportunity.
Introduced by Supervisor Merlino, Seconded by Councilman Lewandowski. All in favor, none opposed, carried 3/0.
Resolution No. 45 of 2022
Resolution Appointing Sue Wilder as Ambassador Program Coordinator.
Resolved, Sue Wilder is appointed as the Ambassador Program Coordinator for 2022.
Supervisor Merlino explained what this program is and what Sue Wilder does as Ambassador.
Introduced by Council Lewandowski, Seconded by Councilman Niles. All in favor, none opposed, carried 3/0.
Resolution No.46 of 2022 – Resolution Designating Lorri Holcomb to Coordinate Website Postings
Resolved, Lorri Holcomb is designated as the Town Board liaison to communicate website postings to the webmaster.
Supervisor Merlino explained that is easier to have one person communicating postings to the webmaster to avoid any confusion.
Introduced by Supervisor Merlino, Seconded by Councilman Niles. All in favor, none opposed, carried 3/0.
Resolution No, 47 of 2022 – Resolution to Accept Proposal of Jeffrey Honeywell, Esq.
Resolved, that the proposal of Jeffrey Honeywell, Esq. to investigate compliance of workplace culture pursuant to Executive Law Article 15 at a rate not to exceed $250/hr is accepted; and it is further resolved that Supervisor Merlino is hereby authorized to take the necessary actions to accept said proposal.
Attorney Crowe made the board aware there would be some type of investigation due to a situation that could contradict Executive Law Article 15 so board decided to have an independent investigation by someone familiar with labor law.
Councilman Niles is not comfortable voting on this resolution, there needs to be some discussion in executive session as some issues are specific to personnel and reminded board that is 5 people and only 3 are present, would like the full board.
Attorney Crowe, there is a motion without a second, therefore cannot move forward.
TABLED
Resolution No. 48 of 2022 Setting Special Meetings
Resolved, a Special Meeting of the Town Board will be held on the 29th day of March, 2022 at 7:00 pm for the purpose of hearing the presentation of Mr. Tom Reed as well as public comments in response.
Supervisor Merlino explained that it is a separate meeting due to the length of the presentation.
Introduced by Councilman Niles, Seconded by Councilman Lewandowski. All in favor, none opposed, carried 3/0.
Resolution No. 49 of 2022
Resolution Allocating American Rescue Plan Act Funds
WHEREAS, the Town Board wishes to utilize funds from the American Rescue Plan Act; and
WHEREAS the Town Board finds that it is in the best interest of the Town to allocate the money approximately follows:
- Reimbursement of funds paid for employee sick time $ ___________
- Funding for EMS Vehicle $25,000
- Funding for water purification improvements $25,000
- Funding for road paving projects $50,000
- Funding for comprehensive plan $75,000
- f) Funding for maintenance of lakes $50,000
- Funding for General Code $_____________
- Funding for electric vehicle charging stations $20,000
Supervisor Merlino explained money is from government and has to be spent on certain things, these categories could change as well as amounts allocated. This money will replace what was paid to employees that had COVID and had to stay home for example, figure not yet put together.
Councilman Niles, would like to add “allocate money approximately as follows”.
NOW, THEREFORE, BE IT RESOLVED, that the above allocations of the American Rescue Funds, not to exceed a total of $365,000 are approved.
Introduced by Councilman Niles, Seconded by Supervisor Merlino. All in favor, none opposed, carried 3/0.
Councilman Niles would like opinions from the public as to how they might like to see the money spent.
Mike Conway – Music Camp, it might be helpful if we are told what the money can be spent on, and what the alternatives are.
Resolution No. 50 of 2022
Resolution Authorizing Overtime for Water Operator Training
Resolved, prospective Water Purification Operators are authorized to train on the weekends at time-and-a-half if they are prevented from training during regular work hours.
Supervisor Merlino, there are three people that have passed the course and need required training, with winter storms etc, it has been difficult to get the them trained during regular hours. Councilman Niles, we only have one qualified at this time and he has worked 7 days a week for several weeks. Councilman Lewandowski explained that they have to work under someone with the license and be released by the Water Operator. Deputy Water Supt. Logan Brooks read the letter received from Maria at the Dept. of Health explaining requirements. One employee is training at this time and can work under the operator’s license.
Introduced by Councilman Niles, Seconded by Supervisor Merlino. All in favor, none, carried 3/0.
Resolution No. 54 of 2022
Resolution to Fill the Vacant Seat on the Town Board
WHEREAS, there exists a vacant seat on the Town Board; and
WHEREAS, Town Law Section 64(5) authorizes the Town Board to appoint a qualified person to fill the vacancy;
Town of Lake Luzerne
Regular Town Board Meeting
March 14, 2022
7:00 pm
NOW, THEREFORE, BE IT RESOLVED, that Timothy Hanlon is appointed to the Town Board through December 31, 2022.
Supervisor Merlino feels this vacancy should be advertised and told the board members that he felt interviews should be performed, he was told by Councilman Fazio that the Republican Committee picked their own
person. Supervisor Merlino would like to review Mr. Hanlon’s credentials.
Introduced by Councilman Niles, Seconded by Councilman Lewandowski. In favor 2, opposed 1, motion failed.
Roll call vote: Councilman Lewandowski, aye, Councilman Niles, aye, Supervisor Merlino, no.
Resolution No. 52 of 2022
Resolution to Accept Milfoil Harvesting Proposal
Board Discussion:
Supervisor Merlino explained that the amount has been changed a couple of times on Aqualogic bid. Councilman Niles, sent our RFPs to five companies,the only two that responded were Aqualogic and AE Commercial Diving. RFP was put out to get prices with using the Town’s boat and with using their own company boat. Agualogic came in at $66,000 for 60 days using town boat, $84,000 for their own boat. AE Commerical Diving only wants to use their own boat and came in at $105,000 for 60 days with own boat no doubt that Aqualogic has done a good job. Darrian Water Institute did a study to get prepared to use herbicide and they stated in their report that Milfoil has not taken over the lake due to the fact that the harvesting has been successful. Our boat has saved the town about $150,000 over three years and that Councilman Niles will be involved to make sure work is being done per contract. Aqualogic took back the original proposal and also put it back in. Mr. Jude’s concern is the cost of fuel at this point, may have to get a little extra for fuel surcharge. Councilman Lewandowki is not happy with Mr. Jude and the way he conducts business. Looking at three hot spots at the time, by study done last year did not show a lot of growth. Aqualogic has done a good job per reports, paperwork isn’t so good, company is playing around with bids. Feeling is to go with AE Commercial Diving for 45 days vs 60 days. We need to get something passed for this lake. Also talked about using chemicals to cut cost for several years. There were several people that felt using Aqualigic is the better deal and didn’t understand the board being so reluctant, it is saving the town money and they have done a good job. Citizens do not want to see this tabled, there is not reason to as the board won’t know anymore next week than this week. Councilman Lewandowski, something else may be brought up, listened to a lot of people tonight and he still a question, looking at 15 day differential, price, looking back on performance, wanted a time clock for accountability. Aqualogic would punch a time clock if required. Linda Merlino was in favor of having Aqualogic and using their own boat, there may be a leak in our own boat per Logan Brooks. Jason?? – they need to do the work per the contract. Board feels that AE Diving’s RFP although higher in cost was also a better proposal.
A motion to accept the RPF and contract at the lower cost with Aqualogic was put forth by Supervisor Merlino and motion failed.
WHEREAS, the Town Board prepared a Request for Proposals to perform Milfoil Harvesting from Lake Luzerne; and
WHEREAS, two proposals were submitted in response; and
WHEREAS, after reviewing the proposals and conducting due diligence and having deliberated, the Town Board finds that it is in the best interest of the Town to accept the proposal from AE Commercial Diving Services;
RESOLVED that Supervisor Merlino is hereby authorized to take the necessary actions to accept said proposal from AE Commercial Diving Serivdes in the amount of $84,000 for 48 days;
NOW, THEREFORE, BE IT RESOLVED, that the proposal from AE Commercial Diving Services is accepted and it is FURTHER RESOLVED that Supervisor Merlino is hereby authorized to take the necessary actions to accept said proposal.
Introduced by Councilman Lewandowski, Seconded by Councilman Niles.
All in Favor 3; opposed 0. Roll Call Vote: Councilman Lewandowski, aye, Councilman Niles, aye, Supervisor Merlino, aye but totally against this but wants to take care of the lake, taking money from County businesses due to personality issues and does not agree with that.
Resolution No. 53 of 2022
Resolution Amending the Town’s Health Care Policy
WHEREAS the Town Board has amended its health care policy from time to time; and
WHEREAS, it has been determined that it is in the best interests of the Town to no longer make payments toward Medicare Part B premiums for current and past Town employees and officers;
NOW, THEREFORE, BE IT RESOLVED, that the Town’s Health Care Policy is amended to exclude payments for Medicare Part B premiums.
Councilman Lewandowski, just received more information and would like time to review and discuss further.
A motion to table was Introduced by Councilman Lewandowski, Seconded by Councilman Niles.
All in favor, none opposed, tabled 3/0.
Resolution No. 54 of 2022
Resolution Appointing Annie McMahon to the Board of Assessment Review and Fred Gilles as an alternate
WHEREAS, there exists a vacant seat on the Board of Assessment Review; and
WHEREAS, Annie McMahon AND Fred Gilles have expressed a desire to serve on the Board of Assessment Review;
NOW, THEREFORE, BE IT RESOLVED, that Annie McMahon is Appointed to the Board of Assessment Review to fill the unexpired term of Jack Fazio through 9/30/2022 and Fred Gilles is appointed as an alternate.
Introduced by Councilman Niles, Seconded by Supervisor Merlino. All in favor, none opposed, carried 3/0.
Supervisor Merlino brought forth the following.
SW2 water issue with customer that wants to be removed from the system and receive a refund, Supt. Deuel and Water Operator Dickenson took a picture the well casing which a picture was provided to board members but Supervisor Merlino would like to actually take a water sample to be 100% sure there is no chlorine in the water for the town’s protection prior to making any resolution is put forth to remove resident from the system.
Little League asked about using one of the town’s defibrillator, we cannot, it cannot be done.
NYS has legal marijuana and the town’s need to let Standard Medical know whether or not to continue testing for marijuana. Councilman Lewandowski feels everyone working and driving any of the town vehicles should be tested.
Attorney Crowe advised that you can test but cannot use it as a condition of employment but if there is an accident on the job or employees comes to work under the influence, you could test. Based on new State Law you can add conditions to employee policy and that should be addressed at the Agenda meeting, Town needs a policy regarding use of marijuana which can be more specific. CDL drivers are the only ones getting tested currently. Attorney will put together changes to put into the employee policy.
Supervisor Merlino – Pine Hill Colony resolution is needed. Attorney Crowe said there are detail being worked out at this time so it’s on hold.
Councilman Lewandowski – thanked Supervisor for getting letter regarding left over Occupancy Tax money from last year.
Councilman Niles- have a list but it can wait
Logan Brooks, Dept. Hwy/Water Supt. – DEC wants town to do work on Buttermilk sites and needs town to pass a resolution to allow work to be done, $52000, not a lot of work for a pretty good amount of money.
Moving boulders, cleaning campsites, fire pits, fixing picnic tables.
Also, Jeff had issues at the well house that need to be resolved. Alarm went off and he doesn’t have a vehicle to get up there, is dangerous and doesn’t want to use his truck so a water truck is in need and needs to be. Pump was running for hours, there was a bad pressure switch, he couldn’t get ahold of an electrician, we need someone that can come when called. Well house needs to be upgraded. Councilman
Lewandowski asked about the original water truck, that is being used by Buildings and Grounds at the present time. Councilman Niles asked him to put a list on the wall so things do not fall through the cracks.
Resolution No. 55 of 2022
To pay Jeffrey Dickenson, Water Operator .55 cents per mile while using his personal vehicle to perform work duties
RESOLVED, Jeffrey Dickenson will be paid .55 center per mile while using his personal vehicle to perform work duties.
Introduced by Councilman Niles, Seconded by Councilman Lewandowski.
All in favor, none opposed. Carried 3/0.
Logan Brooks, two test sited, Hudson Grove and by 2nd entrance to Second Lake. Water Operator would like to order meters and pits to measure water putting through test sites and if we are if water is being lost. Councilman Lewandowski, why pits, Logan if you put meter above ground they will freeze in the winter. Supervisor Merlino agrees that it is a good idea. Board wants prices. Jeff also is concerned that there is only documentation back to 2018 but need last 10 years, daily reports etc. in the event of an audit, this would reflect on his license.
ZEO Karen Putney – report is included in board members packets, need Planning Board and ZBA members, need Deputy ZEO, working on penalty issue when residents do not get a permit, also working on getting signs to put up in town showing that the town has zoning and permits are required and would like boards ok to do so. Board agreed. Tom Reed meeting date is set, prior landowners received notice, now he is changing his proposal and looking for guidance for sending notices to include nearby properties over and above what is require by the ordinance.
Deputy Town Clerk, Lorri Holcomb – Clerk’s monthly report is in board members packets, Correspondence, Logan touch on Water operator concerns, Mr. & Mrs. Goldberg regarding comment session
Attorney Michael Crowe
Supervisor Merlino – talked about Nettles Meadow, they entered a competition and won a top 10 award for the Kunik cheese
Floor Open to the public (2 minute limit)
Stanley Goldberg – spoke again about the letter regarding public comments session of the meeting and that there should be guidelines Established and asked for response from board. One person should not have 40 minutes given and say the same things repeatedly. Supervisor Merlino, just wanted to move forward.
Robert Shiel – explained reason for Part B reimbursement.
Fred Zubal – spoke regarding Water Operator certification and felt there should be a protection that they stay with the Town for a certain period of time.
Paulette Zubal – asked about defibrillator again for Little League. Supervisor Merlino said that the Town really could not due that for many reasons. Paulette also asked about having a Special Election to fill the vacant board seat. Supervisor Merlino explained that it takes a lot of time to set up a Special election and that whoever gets appointed will have to run in the next general election and that would actually be sooner than any Special election would take place.
With no furth business, a motion to adjourn was made by Councilman Lewandowski, Seconded by Councilman Niles with all in favor.