March 8, 2021 - Town of Lake Luzerne

TOWN OF LAKE LUZERNE

REGULAR TOWN BOARD MEETING

MARCH 8, 2021

SUPERVISOR MERLINO CALLED MEETING TO ORDER WITH THE FOLLOWING MEMBERS PRESENT: COUNCILMAN O’NEAL, COUNCILMAN LEWANDOWSKI, COUNCILMAN FAZIO, COUNCILMAN WATERHOUSE. ALSO PRESENT, HIGHWAY SUPERINTENDENT, RON DEUEL, DEPUTY HIGHWAY SUPERINTENDENT LOGAN BROOKS AND ATTORNEY FOR THE TOWN, DAVID MITCHELL.

MOTION BY COUNCILMAN WATERHOUSE, SECONDED BY COUNCILMAN O’NEAL TO ACCEPT THE MINUTES OF THE FEBRUARY 8^TH TOWN BOARD MEETING. ALL IN FAVOR, AYE. OPPOSED NONE. MOTION CARRIED 5-0.

PUBLIC COMMENT ON LEGISLATION:

MARY ELLEN ALLISON – ASKED FOR CLARIFICATION ON RESOLUTION 34 AS TO WHO THE ORGANIZATION COORDINATORS AND STAFF ARE FOR PROMOTION OF TOURISM. SUPERVISOR REVIEWED THE RESOLUTION AS TO WHICH ORGANIZATIONS ARE RECEIVING OCCUPANCY TAX FUNDS.

ADIRONDACK FOLK SCHOOL, $5,000 FOR BROCHURES, SOUTH WARREN SNOWMOBILE CLUB, $6,000, THE LAKE LUZERNE MUSIC CENTER ( IF THEY OPEN) HISTORICAL SOCIETY, $1,500, CHAMBER OF COMMERCE, $5,000, PIECEMAKERS GUILD IS ON HOLD, KIM ROMANO MANAGES THE EVENTS ON THE WEBSITE., SUE WILDER MANAGES THE DOCENT PROGRAM AT THE SCHOOLHOUSE, PULP MILL, AND HARMON HOUSE, $1,000, PAM MORIN, $2,500 FOR PUG PARADE AND LOCAL HISTORY DAY. AS TO QUESTION ABOUT RESOLUTION 40. CENTERLINE COMMUNICATION IS A SUBSIDIARY OF AT&T, AN LLC SET UP TO PROCESS THE CELL TOWER APPLICATION.

RESOLUTION 33 of 2021 – RESOLUTION INTRODUCED BY SUPERVISOR MERLINO AUTHORIZING PAYMENT OF MONTHLY VOUCHERS OF THE 3rd 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 3^rd Abstract are identified as follows:

GENERAL FUND #26816-26868 $ 49,330.27

HIGHWAY FUND 26869-26899 31711.27

LK LUZ WATER 26900-26908 5114.33

HUDSON GROVE WATER 26909 12,331.76

NOW THEREFORE BE IT RESOLVED, the Supervisor is hereby authorized to pay the monthly vouchers approved and identified hereinabove, from the 3^rd Abstract of 2021.

RESOLUTION WAS SECONDED BY COUNCILMAN WATERHOUSE. NO DISCUSSION. ALL IN FAVOR, AYE, NONE OPPOSED, MOTION CARRIED 5-0

RESOLUTION 34 of 2021 – INTRODUCED BY SUPERVISOR MERLINO AUTHORIZING SUPERVISOR MERLINO TO ALLOCATE AND MAKE PAYMENT OF THE TOWN OF LAKE LUZERNE “OCCUPANCY TAX FUNDS” TO SUPPORT SEVERAL ORGANIZATIONS, COORDINATORS AND EVENT STAFF IN PROMOTION AND SUPPORT OF TRAVEL AND TOURISM IN THE TOWN OF LAKE LUZERNE

WHEREAS, the Town Board of Lake Luzerne annually receives its share of Occupancy Tax revenue from Warren County in an approximate amount of $30,000.00, to support and promote travel and tourism in the Town of Lake Luzerne, and

WHEREAS, the Supervisor and Town Board of Lake Luzerne have identified the first round of funding and use of those Occupancy Tax Funds to those Organizations, Coordinators and Event staff who shall receive a portion of those funds, as identified in the schedule attached hereto and made a part hereof.

NOW THEREFORE BE IT RESOLVED, the Supervisor is hereby authorized to distribute funds to and in the amounts identified in the schedule attached hereto and made a part hereof, in an amount not to exceed the amounts identified.

RESOLUTION WAS SECONDED BY COUNCIMLAN FAZIO, NO DISCUSSION, ALL IN FAVOR AYE. NONE OPPOSED. MOTION CARRIED 5-0.

RESOLUTION 35 of 2021 – INTRODUCED BY DEPUTY SUPERVISOR WATERHOUSE AUTHORIZING SUPERVISOR MERLINO TO ACCEPT THE PROPOSED INSURANCE SETTLEMENT OFFER FROM STATEWIDE CLAIM SERVICES, INC. (NYMIR) IN THE AMOUNT OF $34,700.00 FOR A 2016 FORD SUPER DUTY F-250 (56,924 odometer Reading)WHICH WAS TOTALED IN AN AUTOMOBILE ACCIDENT ON FEBRUARY 16, 2021 .

WHEREAS, the Town of Lake Luzerne F-250 was involved in an automobile accident of February 16, 2021 and the Town Truck was a total loss, and

WHEREAS, there were no physical injuries in the accident, the driver of the automobile who struck the Town Truck was issue traffic tickets and the accident report was created by the NY State Police, and

WHEREAS, the accident was reported to the Insurance Company for the Town of Lake Town of Lake Luzerne, and the Insurance company generated a report and settlement offer in the amount of $34,700.00 for the value of the 2016 Ford F-250 and that settlement report is attached hereto and made a part hereof and the insurance company intends to subrogate against the other driver.

NOW THEREFORE BE IT RESOLVED, the Supervisor is hereby authorized to accept $34,700.00, from the Insurance Company for the Town of Lake Luzerne, in full satisfaction of the claim made for the value of the 2016 Ford F-250 and execute all documents related thereto with the insurance company.

RESOLUTION SECONDED BY COUCILMAN LEWANDOWSKI, NO DISCUSSION, ALL IN FAVOR, AYE, NONE OPPOSED, MOTION CARRIED 5-0.

RESOLUTION 36 of 2021 – RESOLUTION INTRODUCED BY DEPUTY-SUPERVISOR WATERHOUSE AUTHORIZING SUPERVISOR MERLINO TO PURCHASE A NEW FORD F-350 SUPER CAB PICKUP TRUCK FROM CARMODY FORD IN THE AMOUNT OF $43,678.00, AS PER THE QUOTE PROVIDED BY CARMODY FORD, USING THE $34,700.00 PROCEEDS FROM THE INSURANCE SETTLEMENT AND THE BALANCE FROM TOWN FUNDS

WHEREAS, a Town of Lake Luzerne F-250 was involved in an automobile accident of February 16, 2021 and the Town Truck was a Total loss, and

WHEREAS, Highway Superintendent Deuel was asked by Supervisor Merlino and Deputy Supervisor Waterhouse to obtain several quotes for a replacement vehicle as soon as possible, and

WHEREAS, Highway Superintendent Deuel obtained several quotes for a new Ford replacement Truck and obtained the most Favorable quote from CARMODY FORD, in the amount of $43,678.00, for a 2021 F-350 Ford Super Cab, with all the options needed and in the blue color to compliment the Town fleet of vehicles, and

WHEREAS, the insurance proceeds in the amount of $34,700.00 shall be used in the purchase of this 2021 F-350 Super Cab, with the balance to come from Town of Lake Luzerne funds.

NOW THEREFORE BE IT RESOLVED, the Supervisor is hereby authorized to purchase the new 2021 F-350 Super Cab from Carmody Ford in the quoted amount of $43,678.00, using the $34,700.00 proceeds from the Insurance Company settlement, with the balance coming from the Town of Lake Luzerne funds.

RESOLUTION SECONDED BY COUNCILMAN O’NEAL. NO DISCUSSION, ALL IN FAVOR, AYE. NONE OPPOSED. MOTION CARRIED 5-0.

RESOLUTION 37 of 2021 – RESOLUTION INTRODUCED BY SUPERVISOR MERLINO

AUTHORIZING DISSOLUTION AND TRANSFER OF ASSETS OF THE MUNICIPAL PUBLIC LIBRARY KNOWN AS “HADLEY -LUZERNE PUBLIC LIBRARY” TO THE CHARTERED SCHOOL DISTRICT PUBLIC LIBRARY KNOWN AS ROCKWELL FALLS PUBLIC LIBRARY”

WEREAS, The regular scheduled meeting for the Town of Lake Luzerne was held at the Lake Luzerne Town Hall on with Supervisor, Gene Merlino presiding, and Supervisor Merlino opened the regular Town Board meeting at 7:00 PM on Monday March 8, 2021, and all four councilmen were present, and

Motion was made by Supervisor Merlino to adopt Resolution 2018-048, for the

Dissolution and Transfer of Assets of the Municipal Public Library Known as

Hadley-Luzerne Public Library to the Chartered School District Public Library Known as Rockwell Falls Public Library and waive the reading of the Resolution. Discussion was held and motion was adopted

RESOLUTION 2018-048

DISSOLUTION AND TRANSFER OF ASSETS OF THE MUNICIPAL PUBLIC

LIBRARY KNOWN AS HADLEY-LUZERNE PUBLIC LIBRARY TO THE CHARTERED SCHOOL DISTRICT PUBLIC LIBRARY KNOWN AS ROCKWELL FALLS PUBLIC LIBRARY

WHEREAS, the Board of Trustees of the Hadley-Luzerne Public Library applied for a provisional charter as a school district public library to serve the Hadley-Luzerne Central School District, and was granted the same by the Regents of the University of the State of New York (the “Regents”) on May 4, 2020; and

WHEREAS, the Board of Trustees of the municipal public library known as the Hadley-Luzerne Public Library, as part of its Petition for Dissolution to the Regents, requires a resolution of the Town Board consenting to the dissolution of the municipal public library known as the Hadley-Luzerne Public Library and the distribution of its assets to the school district public library known as the Rockwell Falls Public Library;

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Lake Luzerne consents to the dissolution by the Regents of the municipal public library known as the Hadley-Luzerne Public Library and the transfer of its assets and operations to the newly chartered school district public library known as the Rockwell Falls Public Library.

RESOLUTION WAS SECONDED BY COUNCILMAN LEWANDOWSKI. NO DISCUSSION. ALL IN FAVOR, AYE. NONE OPPOSED. MOTION CARRIED 5-0.

____________________________________________

EUGENE J. MERLINO Supervisor

STATE OF NEW YORK ss:

COUNTY OF WARREN

I, the Town Clerk of the Town of Lake Luzerne in the County of Warren New York, DO HEREBY CERTIFY:

That I have compared the annexed copy of the resolution adopted at a regular meeting of the Town Board of the Town of Lake Luzerne (“Town Board”) held on with the original thereof on file in my office, and that the same is a true and correct copy of the resolution set forth therein and of the whole of said original insofar as the same relates to the subject matters therein referred to.

I FURTHER CERTIFY that (i) all members of the Town Board had due notice of said meeting, (ii) said meeting was in all respects duly held and (iii) pursuant to Article 7 of the Public Officers Law (Open Meetings Law), said meeting was open to the general public, and public notice of the time and place of said meeting was duly given in accordance with such Article 7.

I FURTHER CERTIFY that, as of the date hereof, the attached resolution is in full force and effect and has not been amended, repealed or rescinded.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my signature this ___ day of February 2021, Lake Luzerne Town Clerk

________________________

Cynthia Sherwood, Town Clerk

RESOLUTION 38 of 2021 – INTRODUCED BY DEPUTY-SUPERVISOR WATERHOUSE AUTHORIZING SUPERVISOR MERLINO TO ENTER INTO A MUNICIPAL LEASE/PURCHASE AGREEMENT WITH “LEASING SERVICING CENTER INCORPORATED, INC. DBA: NCL GOVERNMENT CAPITAL” FOR THE PURPOSE OF ACQUIRING TWO NEW PLOW TRUCKS FOR THE TOWN OF LAKE LUZERNE TO BE DELIVERED IN TIME FOR THE 2021 – 2022 WINTER SEASON

WHEREAS, Highway Superintendent Deuel, Supervisor Merlino and Deputy Supervisor Waterhouse have evaluated the need to update the truck fleet in the Highway Department and have concluded the essential need for an upgrade of two plow trucks, and

WHEREAS, in light of the favorable interest rate environment in the area of municipal leasing, it is fiscally prudent to take advantage of those historically low rates, on behalf of the taxpayers of Lake Luzerne, by leasing those two plow trucks thorough a municipal leasing program, and

WHEREAS, Highway Superintendent Deuel, on behalf of the Supervisor and Town Board, obtained a quote for the lease/purchase of those two plow trucks, with zero money down on behalf of the taxpayers, and

WHEREAS, the quote for the five (5) year Lease/Purchase of those two plow trucks, is attached hereto and made a part hereof.

NOW THEREFORE BE IT RESOLVED, the Supervisor is hereby authorized to accept the terms of the attached Lease/Purchase proposal and execute all necessary and required documents to complete the Municipal lease/purchase agreements for those two plow truck to ensure delivery of same for the 2021-2022 winter season.

RESOLUTION WAS SECONDED BY COUNCILMAN FAZIO. DISCUSSION: This purchase includes all the accessories . HIGHWAY SUPERINTENDENT DEUEL WOULD LIKE TO SEE THE VIKING QUOTE ACCEPTED BECAUSE THE OTHER TWO QUOTES DO NOT HAVE ENGINEERED SYSTEM ON THE WING. THERE IS MORE TORQUE THAN THE INTERNATIONAL. THE FINANCING IS GOING THROUGH CAPITAL LEASING. 3 QUOTES WERE OBTAINED. THIS IS AN ACCEPTANCE OF THE LEASING PROPOSAL OF NCL DONE IN CONTRAST TO BONDING. DISCUSSION CONCLUDED. ALL IN FAVOR, AYE, NONE OPPOSED. MOTION CARRIED 5-0.

RESOLUTION 39 of 2021 – RESOLUTION INTRODUCED BY COUNCILMAN FAZIO

AUTHORIZING A DEDICATED ESCROW ACCOUNT FOR THE SPECIFIC PURPOSE OF RECEIVING PAYMENTS FROM “CENTERLINE COMMUNICATIONS LLC” FOR CONSULTANT SERVICES PROVIDED TO THE TOWN OF LAKE LUZERNE PLANNING BOARD AND ZONING BOARD OF APPEALS ON THE APPLICATION FOR A NEW CELL TOWER

WHEREAS, the Town of Lake Luzerne entered into a consulting agreement with William P. Johnson for services to the Planning Board and Zoning Board of Appeals of the Town of Lake Luzerne, for consulting services as they directly relate to the application for a proposed new cell tower in Lake Luzerne, and

WHEREAS, the applicant, AT&T Mobility, applicant for the proposed new cell tower in Lake Luzerne agreed to pay for the services William Johnson provides to the Town of Lake Luzerne during the application process and those payments shall be made to the Town of Lake Luzerne by “Centerline Communications, LLC, and

WHEREAS, the Town must establish a separate dedicated and authorized escrow account for the Lake Luzerne bookkeeper to deposit the monies for the payment of all invoices from the consultant.

NOW THEREFORE BE IT RESOLVED, the Supervisor is hereby authorized to establish a dedicated escrow account for the specific purpose of receiving payments from “Centerline Communications LLC” for consultant services provided to the Town of Lake Luzerne Planning Board and Zoning Board of Appeals on the application for the proposed new cell tower.

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

RESOLUTION 40 of 2021 – RESOLUTION INTRODUCED BY COUNCILMAN FAZIO

AUTHORIZING SUPERVISOR MERLINO TO ACCEPT A CHECK IN THE AMOUNT OF $5,000.00 FROM “CENTERLINE COMMUNICATIONS LLC, AND DEPOSIT SAME INTO THE DEDICATED ESCROW ACCOUNT AND TO PAY FROM THAT ESCROW ACCOUNT, THE JANUARY 1, 2021 INVOICE SUBMITTED BY CONSULTANT WILLIAM P. JOHNSON IN THE AMOUNT OF $4,112.50

WHEREAS, Centerline Communications LLC has tendered check #02480 in the amount of $5,000.00 for deposit into the dedicated escrow account and Consultant William P. Johnson has tendered invoice #529 in the amount of $4,112.50 for payment on services provide to the Town pursuant to his consulting agreement.

NOW THEREFORE BE IT RESOLVED, the Supervisor is hereby authorized to accept and deposit Check #02480, in the amount of $5,000.00, from Centerline Communications LLC and pay invoice # 529 from Consultant William P. Johnson in the amount of $4,112.50.

Resolution Seconded by Councilman Waterhouse, No discussion, All in favor, aye, none opposed, Carried 5-0.

RESOLUTION 41 of 2021 – RESOLUTION INTRODUCED BY COUNCILMAN O’NEAL

AUTHORIZING SUPERVISOR MERLINO TO RETAIN THE SERVICES OF A QUALIFIED SURVEYOR AND TITLE COMPANY FOR THE PURPOSE OF IDENTIFYING AND CLARIFYING OWNERSHIP AND PRECISE MAPPING OF “SHERMAN ROAD” IN LAKE LUZERNE

WHEREAS, there is a pending application for a subdivision on a parcel on Sherman Road in Lake Luzerne, and

WHEREAS, Sherman Road appears to be a road which is a combination of Town owned road and private road. Further, there is no data on file and no specific survey that exists to clarify the ownership interest of Sherman Road nor the delineation of Public and/or private portions of Sherman Road, as portions are paved and unpaved, and

WHEREAS, given the significant acreage of land up the Sherman Road area, there exists the potential for parcels to be “landlocked” and it is of paramount importance for the Town precisely identify and map Sherman Road for liability and development purposes.

NOW THEREFORE BE IT RESOLVED, the Supervisor is hereby authorized to retain the services of a qualified surveyor and title company for the purpose of identifying and clarifying ownership and precise mapping of “Sherman Road.”

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

RESOLUTION 42 of 2021 – RESOLUTION INTRODUCED BY COUNCILMAN FAZIO

APPOINTING LINDA MASON TO THE BOARD OF ASSESSMENT REVIEW OF THE TOWN OF LAKE LUZERNE, A FIVE YEAR TERM, TO FILL THE VACATED SEAT, WHERE THE TERM OF THAT SEAT IS OCTOBER 1, 2020 TO SEPTEMBER 13, 2025 PURSUANT TO SECTION 523 OF THE NY STATE REAL PROPERTY TAX LAW

WHEREAS, the Town of Lake Luzerne has a Board of Assessment Review and there is currently one seat vacant, as of September 2020, and

WHEREAS, pursuant to NY Real Property Tax Law Section 523, the term of this vacant seat is five years, commencing on October 1, 2020 and running to September 13 of year five, and

WHEREAS, Supervisor Merlino has appointed Linda L. Mason to this vacant position and upon passage of this Resolution, the appointment shall be confirmed and the term shall run to September 13, 2025.

NOW THEREFORE BE IT RESOLVED, the Supervisor and the Town Board hereby appoint and confirm Linda L. Mason to the Board of Assessment Review of Lake Luzerne, a five year term, where the term of this seat is October 1, 2020 to September 13, 2025.

RESOLUTION SECONDED BY COUNCILMAN O’NEAL. NO DISCUSSION. ALL IN FAVOR, AYE. NONE OPPOSED. MOTION CARRIED 5-0.

RESOLUTION 43 of 2021 -RESOLUTION INTRODUCED BY COUNCILMAN LEWANDOWSKI MODIFYING SUPERVISOR MERLINO’S CONTRACTUAL AUTHORIZATION WITH AQUALOGIC BY INCREASING THE THRESHOLD AMOUNT FOR THE NEW PUMP FROM $3,500.00 TO $5,000.00 AND REQUIRING THE TOWN TO RETAIN OWNERSHIP

WHEREAS, the Board of Town of Lake Luzerne, at the Regular Town Board meeting in February 2021, authorized the execution of the seasonal contract with Aqualogic and part of that contract is for the purchase of a new pump, and

WHEREAS, the Supervisor and Town Board desire to retain ownership of the old pump rather than trade it in, as the Board believes the pump is worth twice the offered trade value of $1,500.00, and

Whereas, given the $1,500.00 trade loss, the Supervisor requires an increase in spending authority from $3,500.00 to $5,000.00 ($1,500.00 increase) to purchase the new pump outright, without a trade in value for the old pump.

NOW THEREFORE BE IT RESOLVED, the Supervisor is hereby given increased spending authority of $1,500.00 for the purchase of the new pump from Aqualogic for the purchase price of $5,000.00 and is instructed to retain ownership of the old pump.

RESOLUTION SECONDED BY COUNCILMAN FAZIO. NO DISCUSSION. ALL IN FAVOR, AYE. NONE OPPOSED. MOTION CARRIED 5-0.

RESOLUTION 44 of 2021 – INTRODUCED BY COUNCILMAN O’NEAL

ACKNOWLEDGING AND ACCEPTING THE NAME OF “EZEKIEL LANE”- A “PRIVATE ROAD” IN THE “WELCOME HOME” APPROVED SUBDIVISION, JUST OFF LAKE TOUR ROAD IN LAKE LUZERNE, AND HEREBY AUTHORIZING THE HIGHWAY SUPERINTENDENT TO PROCURE AND INSTALL A SIGN DESIGNATING “EZEKIEL LANE – PRIVATE ROAD” TO COMPLY WITH WARREN COUNTY 911 MAPPING AND LOCATING

WHEREAS, an approved subdivision in the Town of Lake Luzerne called “Welcome Home” is located just off Lake Tour Road, and

WHEREAS, there is an approved “private road” (Culdesac) defining the entrance of this subdivision just off Lake Tour Road, were a copy of that map of the private road (Culdesac) is attached here to this resolution and made a part hereof, and

WHEREAS, it is necessary and required for the owner of this private road to establish a name for this private road for the purpose of mapping and locating for Warren County 911 services, and

WHEREAS, the owner of this Private Road has declared the name of “EZEKIEL LANE” for identification of this private road for Warren County mapping and 911 locating, and

WHEREAS, the Town Board hereby acknowledges and accepts the name of “EZEKIEL LANE” a “Private Road” which shall be marked and identified for Warren County 911.

NOW THEREFORE BE IT RESOLVED, the Supervisor and the Town Board hereby acknowledges and accepts the name of “EZEKIEL LANE” – a “PRIVATE ROAD” in the “Welcome Home” approved subdivision, just of Lake Tour Road in Lake Luzerne and hereby authorizes the Highway Superintendent to procure and install a sign designating “EZEKIEL LANE – PRIVATE ROAD.”

RESOLUTION SECONDED BY COUNCILMAN LEWANDOWSKI. NO DISCUSSION. ALL IN FAVOR, AYE. NONE OPPOSED. MOTION CARRIED 5-0.

RESOLUTION 45 of 2021 -RESOLUTION INTRODUCED BY SUPERVISOR MERLINO

AUTHORIZING SUPERVISOR MERLINO TO ISSUE AN RFQ FOR THE BRIDGENY GRANT PROGRAM .

WHEREAS, The New York State Department of Transportation (NYSDOT) is soliciting candidate projects for funding under the BRIDGE NY Program” and this program provides assistance for local governments to rehabilitate and replace bridges and culverts, and

WHEREAS, the Town of Lake Luzerne has identified “SILVER BRIDGE” as a viable candidate for this grant funding through NYSDOT BRIDGE NY program, and

WHEREAS, it is required and necessary for the Town of Lake Luzerne to issue a Request for Qualifications (RFQ) for the purpose of receiving competitive bids from qualified engineering firm to prepare and submit this grant application to the State of New York BRIDGE NY program.

NOW THEREFORE BE IT RESOLVED, the Supervisor is hereby authorized to issue the RFQ for the NYSDOT BRIDGE NY grant program, where the RFQ is attached hereto and made a part hereof.

RESOLUTION SECONDED BY COUNCILMAN FAZIO. NO DISCUSSION. ALL IN FAVOR, AYE. NONE OPPOSED. MOTION CARRIED 5-0.

RESOLUTION 46 of 2021 – RESOLUTION INTRODUCED BY SUPERVISOR MERLINO APPOINTING DAVID MITCHELL, ESQ. AS ATTORNEY FOR THE TOWN OF LAKE LUZERNE

WHEREAS, at the Organizational Meeting in January 2021, the Town of Lake Luzerne appointed

David Mitchell, Esq. as “Interim attorney for the Town of Lake Luzerne” through March 31, 2021, and

WHEREAS, Supervisor Merlino, Deputy Supervisor Waterhouse, Board Member Fazio, Board Member O’Neal and Board Member Lewandowski have collectively offered David Mitchell, Esq. a full appointment to the position of Attorney for the Town of Lake Luzerne at the annual compensation rate consistent with the approved budget for fiscal year 2021 and to be paid monthly, and

WHEREAS, David Mitchell, Esq. accepted the full appointment to the position of Attorney for the Town of Lake Luzerne at the annual compensation rate consistent with the approved budget for fiscal year 2021 and to be paid monthly.

NOW THEREFORE BE IT RESOLVED, that Supervisor Merlino and the Town Board of Lake Luzerne hereby makes the full appointment of David Mitchell, Esq. to the position of Attorney for the Town of Lake Luzerne at the annual compensation rate consistent with the approved budget for fiscal year 2021 and to be paid monthly.

RESOLUTION SECONDED BY COUNCILMAN WATERHOUSE. NO DISCUSSION. ALL IN FAVOR, AYE. NONE OPPOSED. MOTION CARRIED 5-0.

TOWN CLERK REPORT: CYNTHIA SHERWOOD

SUBMITTED MONTHLY FINANCIAL REPORT TO THE SUPERVISOR FOR THE MONTH OF FEBRUARY IN THE AMOUNT OF $35,504.50.

DISTRIBUTED INFORMATION FROM MANNIX MARKETING.

DISTRIBUTED INFORMATION FROM MORGAN DUKE CONSERVATION SOCIETY.

REPORT FROM AG AND MARKETS ON THE MUNICIPAL SHELTER FINDING ALL SATISFACTORY AT COUNTRYSIDE VETERINARY GROUP AND BOARDING AND GROOMING.

THANK YOU TO BARBARA MITCHELL AND STEVE BECHARD FOR PAINTING THE WALLS IN THE BOARD ROOM AND THE SENIOR CENTER. AND ALSO FOR SORTING THE SUPPLIES LEFT FROM THE YOUTH COMMISSION.

CLERK ACKNOWLEDGED THE PASSING OF FORMER TOWN CLERK, JOAN HALL WHO WORKED FOR THE TOWN FOR MANY YEARS, A GOOD FRIEND AND MENTOR.

ZONING OFFICER REPORT SUBMITTED TO TOWN CLERK:

Zoning Report to Town Board For February 2021

3 Permits issued in February—2021-9 through 11—last year-to-date 5

APA Correspondence—**Parcel No. 286.-1-26 & 27, Lake Ave.—non-jurisdictional letter for a boundary line adjustment

Zoning Board of Appeals Meeting-February 11, 2021

**Public Hearing on Area Variance 2020AV-10, 65 East River Dr., shoreline setback—tabled, no decision made

**Public Hearing on 2020AV-11, 1268 Call St., accessory building height variance—approvedPlanning Board Meeting—February 24, 2021

**Public Hearing on SP2021-1, 60 Lake Ave, proposal for used car sales in existing vehicle repair business—approved with conditions

**2 Lot Minor Subdivision, SD2021-1, Sherman and Ralph Rd., 313.-1-63–tabled

**Boundary Line Adjustment, BL2021-1, 1175 Lake Ave., 286.-1-26 & 27—approved

**Site Plan Review, SP2021-2, Huttopia Adirondack Properties LLC, 1571 Lake Ave., 275-1-32, 2 employee housing units—approved with conditions

**Discussion on AT&T Cell Tower Applications at Hall Hill Rd, request by AT&T to table the application as they look to possibly relocate it and continue tolling the shot clock–approved

Violations and/or Complaints –received a copy of a Stop Work Order from the Warren County Building Codes for 176 Lake Tour Road, structural repairs with no permit

HIGHWAY SUPERINTENDENT – RON DEUEL

REPORTED ON THE SAVINGS ON TONS OF SALT AND SAND AND ENVIRONMENT USING THE NEW BRINE SYSTEM. $13,000 SAVED USING THE NEW METHODS.

HILL ELECTRIC – REPORTED ON SAVINGS IN THE TOWN GARAGE REPLACING LIGHTS WITH LED LIGHTS. NEW LIGHTS FROM $1200 DOWN TO $154.00 FOR NEW LIGHTS IN THE GARAGE. WE STILL HAVE TO PAY FOR AN ELECTRICIAN, BUT THE SAVINGS IN AMAZING.

DEPUTY SUPERVISOR WATERHOUSE IS MEETING WITH EMS AND FIRE DEPT TO REVIEW THE EMERGENCY PLAN.

COUNCILMAN FAZIO – DISCUSSION REGARDING KEY FOBS FOR THE BUILDING. NY FIRE AND SECURITY DOES THIS. OBTAIN THREE ESTIMATES.

DISCUSSION REGARDING THE FASNY ACCOUNT WHICH HELPS TO OFFSET THE EMS BUDGET. HOW IT IS SET UP FOR PAYMENTS AND HOW THE PERCENTAGE IS DISPERSED TO HADLEY.

COUNCILMAN FAZIO HAS ASKED FOR AN EXECUTIVE SESSION AT THE END OF THE MEETING.

SUPERVISOR REPORT – EUGENE MERLINO

TO ANSWER A QUESTION ABOUT THE STATUS OF THE CHAMBER OF COMMERCE. IT IS STILL ACTIVE WITH 38 MEMBERS.

13 CPA’S HAVE BEEN CONTACTED TO AUDIT THE CEMETERY RECORDS. TO DATE 2 HAVE RESPONDED. IT IS TAX SEASON. THE COSTS RANGED FROM $2,950 TO $7,500. BOARD WILL WAIT UNTIL AFTER TAX SEASON.

AQUALOGIC – BOAT REGISTRATION HAS BEEN SENT TO DMV. ONCE OBTAINED BY THE OWNER IT WILL BE TRANSFERRED TO THE TOWN.

MANNIX MARKETING – THE COST OF MANAGING AND UPDATING INFORMATION WILL BE $85 PR HR.

CONSTABLE ISSUES – INSURANCE, CERTIFICATIONS, LICENSES TO BE REVIEWED.

GOVERNOR WILL ALLOW 75% RESTAURANT CAPACITY AS OF MARCH 19. 200 OUTDOOR.

NYS HAS ANNOUNCED THAT FROM THE COVID RELIEF 1.9 TRILLION PACKAGE, LAKE LUZERNE MIGHT RECEIVE $600,000 . WARREN COUNTY 12 MILLION

HIGHWAY SWEEPER FROM WARRENSBURG WILL COST $45,000 TO PURCHASE AT THE END OF APRIL.

WARREN COUNTY SHOWS A 15% DROP IN SALES TAX IN JANUARY.

PUBLIC COMMENT:

HOWARD SCHAFFER – DISCUSSION THAT THERE WILL BE A BEACH DIRECTOR BUT NO YOUTH COMMISSION ACTIVITY.

MOTION BY COUNCILMAN FAZIO, SECONDED BY COUNCILMAN WATERHOUSE TO ADJOURN TO EXECUTIVE SESSION TO DISCUSS EMPLOYEE ISSUES WITH NO FURTHER BUSINESS OF THE BOARD TO BE TRANSACTED UPON RETURN FROM EXECUTIVE SESSION EXCEPT TO ADJOURN THE MEETING. ALL IN FAVOR, AYE.

RESPECTFULLY SUBMITTED,

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CYNTHIA SHERWOOD, TOWN CLERK