Town of Lake Luzerne
Regular Town Board Meeting
And Public Hearing on Local Law 1 of 2021
May 10, 2021
Supervisor Merlino called meeting to order with the following members present: Councilman Lewandowski, Councilman O’Neal, Councilman Waterhouse, Also present: Highway Superintendent, Ron Deuel, Attorney for the Town, David Mitchell.
Motion by Councilman Waterhouse, seconded by Councilman O’Neal to allow Councilman Fazio who is not present to participate in the meeting on Zoom. All in favor, aye, None opposed. Carried 4-0.
Supervisor Merlino asked for a moment of silence in memory of former Supervisor Lawrence Bennett who recently passed away. Mr. Bennett was the Supervisor of the Town for 8 years and a Board member for many years.
Supervisor opened the public hearing on Local Law #1 of 2021. Town Clerk read the notice of publication from the Post Star legal notices as follows: Town of Lake Luzerne Notice of Public Hearing local law #1 of 2021 constable. The Town Board of Lake Luzerne will hold a public hearing in the meeting room of the Town Hall, 539 Lake Avenue, Lake Luzerne, NY on Monday, May 10, 2021 at 7 pm. The purpose of the public hearing is to hear public comment on Local Law #1 of 2021 – Town Constable. The intent of the law is to create the office of Town Constable which shall be a part-time position and, as authorized by the criminal procedure law and the town law of New York, to perform such special duties for the Town of Lake Luzerne as defined by the Town Board of Lake Luzerne under the laws of the State of New York.
By Resolution of the Board, Eugene Merlino, Supervisor
Cynthia Sherwood, Town Clerk
Publish: April 21, 2021.
Pat Goldberg – Received clarification that a Constable’s duty is performed on Town Property.
There were No further comments.
Supervisor Merlino closed the public hearing.
Motion by Councilman Waterhouse, seconded by Councilman O’Neal to accept minutes of Town Board meetings held April 5 and April 12th. All in favor, Aye, None opposed. Carried 5-0.
Floor was opened for comment on the proposed Legislation.
No comments from the floor
Motion by Councilman Waterhouse, seconded by Supervisor Merlino, to adopt Local Law #1 of 2021 – Constable. All in favor, Aye, None opposed, Carried 5-0.
Town of Lake Luzerne
Regular Town Board Meeting
And Public Hearing on Local Law 1 of 2021
May 10, 2021
RESOLUTION 61 of 2021 – RESOLUTION INTRODUCED BY SUPERVISOR MERLINO
RESOLUTION AUTHORIZING PAYMENT OF MONTHLY VOUCHERS OF THE 5th
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 5rd Abstract are identified as follows:
GENERAL: 27123 – 27171 $35,943.15
HIGHWAY: 27008 – 27059 $11,251.94
SW1: 27060 – 27069 $47,487.54
NOW THEREFORE BE IT RESOLVED, the Supervisor is hereby authorized to pay the monthly vouchers approved and identified hereinabove, from the 5th Abstract of 2021.
Resolution Seconded by Councilman O’Neal. All in favor, Aye, None opposed. Carried 5-0.
RESOLUTION 62 of 2021 – RESOLUTION INTRODUCED BY SUPERVISOR MERLINO
RESOLUTION SETTING THE DATE AND TIME FOR A “SPECIAL TOWN BOARD MEETING” TO ADDRESS ISSUE ON THE EXISTENCE, OWNERSHIP AND USAGE OF “SHERMAN ROAD.” MEETING DATE SET FOR: MONDAY MAY 24, 2021 AT 6:00 PM AT TOWN HALL
WHEREAS, the Town Board of Lake Luzerne hereby sets the date for a “Special Town Board Meeting” on MONDAY MAY 24, 2021 at 6:00 PM at the Town of Lake Luzerne Town Hall, for the purpose of addressing the issue on the existence, ownership and usage of the Sherman Road, and
WHEREAS, all Town residents are invited to attend and provide any and all information on the Sherman Road, and those residents who have an ownership interest in the land along Sherman Road shall be invited to attend and provide any and all information on the issue.
Town of Lake Luzerne
Regular Town Board Meeting
And Public Hearing on Local Law 1 of 2021
May 10, 2021
NOW THEREFORE BE IT RESOLVED, the Town Board of Lake Luzerne hereby sets the date for a “Special Town Board Meeting” for Monday May 24, 2021 at 6:00 PM to address the issues of Sherman Road in Lake Luzerne, New York. Resolution Seconded by Councilman Lewandowski. Discussion: Attorney advised that anyone having an interest in Sherman Road is welcome to come with information or documents next week All in favor, aye. None opposed. Carried 5-0.
(From the floor) Mr. Allen voiced concern that the road is not open and that the Town is not acting soon enough to open it up citing concerns such as possible snow storm.
RESOLUTION 63 of 2021 – RESOLUTION INTRODUCED BY DEPUTY SUPERVISOR WATERHOUSE, RESOLUTION SETTING THE 2021/2022 ANNUAL WATER RATE IN THE
“HUDSON GROVE WATER DISTRICT” –(SW-2) AT $500.00 FOR 2021/2022
WHEREAS, the Town Board of Lake Luzerne annually purchases water from the Village of Corinth for the home owners and users in the “Hudson Grove Water District” (SW-2), and
WHEREAS, the Village of Corinth, on April 14, 2021, tendered a letter to the Town of Lake Luzerne notifying the Town of Lake Luzerne, that the new minimum value charge per unit shall be $94.85 per quarter and $379.40 per year, as per the notice attached hereto and made a part hereof, and
Whereas, the Town Board shall set the annual water rate for 2021/2022 at $500.00 per year for the Hudson Grove Water District (SW-2).
NOW THEREFORE BE IT RESOLVED, the Town Board of Lake Luzerne hereby sets the annual water rate for 2021/2022 at $500.00 per year for the Hudson Grove Water District (SW-2). Resolution seconded by Supervisor Merlino. All in favor, Aye, None opposed, Carried 5-0.
RESOLUTION 64 of 2021 – RESOLUTION INTRODUCED BY COUNCILMAN O’NEAL
RESOLUTION AUTHORIZING THE HIGHWAY SUPERINTENDENT TO ADJUST AND AMEND THE WORK WEEK HOURS IN THE HIGHWAY DEPARTMENT TO “SUMMER HOURS” THEREBY ALLOWING THE WORK WEEK TO SHIFT TO FOUR(4) TEN HOUR DAYS (MONDAY – THURSDAY), FROM MAY 1, 2021 – SEPTEMBER 30, 2021
WHEREAS, the Town Board of Lake Luzerne established and maintains the oversight for the workweek for Lake Luzerne employees and has established this workweek oversight through the “Town of Lake Luzerne Employer and Employee Procedure Policy” where the workweek is defined in Section 4(C) HOURS, and is defined as Monday through Friday 7:00 AM to 3:30 PM, and
Town of Lake Luzerne
Regular Town Board Meeting
And Public Hearing on Local Law 1 of 2021
May 10, 2021
WHEREAS, the Highway Superintendent has requested a change in the Highway Department for “Summer Hours”, whereby the employees in the Highway Department shall work four (4) ten (10) hour days rather than five (5) eight- hour days, thus, they will work Monday through Thursday from 6:30 AM to 5:00 PM from May 1st though September 30th, and
WHEREAS, the Highway Superintendent obtained agreement from the employees in the Highway Department, that in the event they are called in for an emergency, on a Friday during summer hours, they shall not be paid overtime or straight time for the hours between 6:30 AM and 3:00 PM on that Friday, but will be credited for the hours during the following week and take those hours off to make up for the hours worked on a Friday during an emergency from 6:30 and 3:00, and
WHEREAS, it is necessary to amend the “Town of Lake Luzerne Employer and Employee Procedure Policy”, Section 4(C) HOURS, by adding: “Summer Hours shall be allowed in the Highway Department, at the discretion of the Highway Superintendent, whereby from May 1st through September 30th each year, Summer work hours shall be Monday through Thursday 6:30 AM to 5:00 PM.”
NOW THEREFORE BE IT RESOLVED, the “Town of Lake Luzerne Employer and Employee Procedure Policy”, Section 4(C) HOURS, is hereby amended by adding: “Summer Hours shall be allowed in the Highway Department, at the discretion of the Highway Superintendent, whereby from May 1st through September 30th each year, Summer work hours shall be Monday through Thursday 6:30 AM to 5:00 PM,” with the accommodations and restriction defined hereinabove. Resolution seconded by Councilman Lewandowski. All in favor Aye, None Opposed, Carried 5-0.
RESOLUTION 65 of 2021 – RESOLUTION INTRODUCED BY SUPERVISOR MERLINO
RESOLUTION AUTHORIZING SUPERVISOR MERLINO TO EXECUTE A 2021 GRANT WRITING CONTRACT WITH TRACEY CLOTHIER, IDENTICAL TO THE 2020 CONTRACT, WHEREBY SHE SHALL PREPARE GRANT APPLICATIONS THROUGH ELIGIBLE PUBLIC AND PRIVATE GRANT OPPORTUNITIES TO FUND PRIORITY PROJECTS FOR THE TOWN OF LAKE LUZERNE, AT A RATE OF $60.00 PER HOUR, NOT TO EXCEED $10,000,00 TOTAL.
WHEREAS, the Town Board of Lake Luzerne annually retains and contracts with a grant writer for the Town of Lake Luzerne, who prepares grant writing applications through eligible public and private grant opportunities to fund priority projects for the Town of Lake Luzerne, and
Town of Lake Luzerne
Regular Town Board Meeting
And Public Hearing on Local Law 1 of 2021
May 10, 2021
WHEREAS, in 2020, the Town of Lake Luzerne contracted with Tracey Clothier as the grant writer for the Town, and that 2020 contract is attached hereto and made a part hereof, and
WHEREAS, the Supervisor desires to renew the contract with the grant writer Tracey Clothier for 2021, under the identical terms from 2020.
NOW THEREFORE BE IT RESOLVED, the Supervisor is hereby authorized to execute the contract with Tracey Clothier for grant writing for 2021, with the contact being identical to the 2020 contract, whereby she shall prepare grant writing applications through eligible public and private grant opportunities to fund priority projects for the Town of Lake Luzerne, at a rate of $60.00 per hour, not to exceed $10,000.
Resolution received no Second on the Motion.
Discussion : Councilman Fazio felt that there were grants available last year that were not sought after and Councilman Waterhouse agreed that the board should look for someone else.
Motion by Councilman Fazio, Seconded by Councilman Waterhouse to table Resolution 65 of 2021. Motion to table Resolution 65 was Carried by a Vote of 4 ayes and 1 no.
RESOLUTION 66 of 2021- RESOLUTION INTRODUCED BY SUPERVISOR MERLINO
RESOLUTION 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 . THIS RESOLUTION SHALL SUPPLANT RESOLUTION 34 OF 2021
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 has identified and presented the Town Board of Lake Luzerne the revised schedule of funding for 2021 for the use of those Occupancy Tax Funds to those Organizations, Coordinators and Event staff who shall receive a portion of those funds, as identified in Schedule “A”, 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 Schedule “A” attached hereto and made a part hereof, in an amount not to exceed the amounts identified.
Motion was seconded by Councilman O’Neal. Discussion. Councilman O’Neal would like to have the Resolution tabled for more discussion to next month. Councilman Lewandowski seconded the motion to table Resolution 66 of 2021 to next month. Motion to table Resolution 66 of 2021 was carried by a vote of 4 ayes and 1 no.
Town of Lake Luzerne
Regular Town Board Meeting
And Public Hearing on Local Law 1 of 2021
May 10, 2021
Attorney advised that Resolution 66 is tabled but Resolution 34 of 2021 is still active. So the funds in Resolution 34 can be allocated.
RESOLUTION 67 OF 2021 – RESOLUTION INTRODUCED BY SUPERVISOR MERLINO
RESOLUTION ACCEPTING $6,600.00 FROM SARATOGA COUNTY DEPARTMENT OF EMERGENCY SERVICES FOR RENT REVENUE FOR 11/20/20 – 4/1/21 FROM INSTALLATION OF AN ADDITIONAL SIGNAL TRANSMITTER (OWNED BY VERIZON) ON AN EXISTING TOWER ON TOWN OF LAKE LUZERNE LAND
WHEREAS, the Town of Lake Luzerne entered into a land lease contract with Saratoga County, dated April 26, 2010, where Saratoga County must pay the Landowner – Town of Lake Luzerne – 50% of all payments made to Saratoga County, by any licensee who contract with Saratoga County with respect to the land owned by the Town of Lake Luzerne, where the 911 Tower was constructed, and
WHEREAS, Saratoga County contracted with Cello Partnership, dba: Verizon (contract date: 10/13/20) to install commercial communication equipment (cellular transmitter) on the 911 Tower in Lake Luzerne, and
WHEREAS, Saratoga County Department of Emergency Services tendered a check in the amount of $6,600.00 to the Town of Lake Luzerne, which represents 50% of the gross rent revenue paid by Cello Partnership dba: Verizon, to Saratoga County for November 2020 – April 1, 2021.
NOW THEREFORE BE IT RESOLVED, the Town of Lake Luzerne hereby accepts a payment tendered by Saratoga County Department of Emergency Services representing 50% of the payment made by Cello Partnership dba: Verizon, as per the contract with Saratoga County, dated April 26, 2010 for the rental period November 2020 – April 1, 2021.
Resolution Seconded by Councilman Waterhouse. All in favor Aye, None opposed. Carried 5-0.
RESOLUTION 68 of 2021 – RESOLUTION INTRODUCED BY SUPERVISOR MERLINO
RESOLUTION AUTHORIZING SUPERVISOR MERLINO TO PURCHASE
FLOWERS FROM TOWN EMPLOYEE THERESA RIVERS IN THE AMOUNT OF $1,249.50
WHEREAS, Supervisor Merlino, in the fall of 2020, ordered an inventory of flowers from Town Employee Theresa Rivers, as she grows these flowers during the off season, and that inventory of flowers ordered is consistent with schedule “A”, as provided by Town Employee Rivers and is attached hereto as Schedule “A” and made a part hereof, and
Town of Lake Luzerne
Regular Town Board Meeting
And Public Hearing on Local Law 1 of 2021
May 10, 2021
WHEREAS, whenever a Municipal employee is contracting with a Municipality for goods and/or services, a review and analysis of: the Town Ethics Law and the “General Municipal Law, Article 18: Conflicts of interest” is required to assess conflicts prohibited by law, and
WHEREAS, the purchase of flowers from employee Rivers would not be prohibited, provided: (1)the contract for the purchase of the flowers from Employee Rivers to the Town is reasonably priced for those goods purchased and under the minimum threshold in the Procurement Policy of the Town of Lake Luzerne; (2) the goods purchased in no way interferes with or impacts her duties under her employment with the Town; (3) Employee Rivers does not sell, provide or gift any flowers to any member of the Town Board or Supervisor; AND (4) The contract for the goods and/or services is disclosed to the public for comment and review prior to approval.
NOW THEREFORE BE IT RESOLVED, the Town Board authorizes Supervisor Merlino to purchase the inventory of flowers as defined in Schedule “A”, attached hereto and made a part hereof, for the total amount of $1,249.50 for the flowers identified in Schedule “A” attached.
Resolution Seconded by Councilman Waterhouse. Councilman Waterhouse said he would tend to vote no on this resolution but he knows there is expense already involved in it; there are others in Town who sell flowers too; this was authorized last year under the old procurement policy; but that he will vote yes. Attorney advised that the flowers were ordered under the old policy but the Town Board has increased the minimum threshold from $500 to $1500 under the current policy which means purchases can be made up to that amount. Attorney explained town law outlined in the resolution and that Ms Rivers is not at fault; and that this purchase contract is not prohibited if certain transparency and criteria are met. All in favor, Aye, None opposed. Carried, 5-0.
RESOLUTION 69 of 2021 – RESOLUTION INTRODUCED BY SUPERVISOR MERLINO
RESOLUTION AUTHORIZING THE HIGHWAY SUPERINTENDENT TO
PURCHASE BLACKTOP MATERIAL NECESSARY TO PAVE THE TOWN
OWNED PARKING LOT IN FRONT OF THE BUILDINGS AND GROUNDS
BUILDING IN AN AMOUNT NOT TO EXCEED $10,000
WHEREAS, the Town Board of Lake Luzerne requested the Highway Superintendent pave the Town owned parking lot in from of the Buildings and Grounds Department Building, as paving will minimize dirt and dust exposure to the interior of the building, minimize mud exposure to Town vehicles, resulting in increased longevity of equipment and a reduction employee hour spent on washing dirt off equipment and Town vehicles, and
Town of Lake Luzerne
Regular Town Board Meeting
And Public Hearing on Local Law 1 of 2021
May 10, 2021
WHEREAS, the Highway Superintendent provided a price quote of $9,000.00 for blacktop material for the parking lot to be paved and $1,500.00 for the cost of the paver, and
WHEREAS, the employees in the Highway Department will provide the labor to pave the lot.
NOW THEREFORE BE IT RESOLVED, the Highway Superintendent is hereby authorized to purchase the blacktop material to pave the above lot, in an amount not to exceed $10,000.00, and is he also authorized to expend $1,500.00 for the paver.
Resolution Seconded by Councilman O’Neal. All in favor, Aye, None Opposed. Carried 5-0.
RESOLUTION 70 of 2021 – RESOLUTION INTRODUCED BY DEPUTY SUPERVISOR WATERHOUSE AND COUNCILMAN FAZIO .RESOLUTION ACKNOWLEDGING AND APPROVING EMERGENCY EXECUTIVE ORDER #6 OF 2021 AND AUTHORIZING PAYMENT FOR ALL EXPENSES DIRECTLY ASSOCIATED WITH THE REPLACEMENT OF PUMP #1 AND PUMP #2 AT THE LAKE LUZERNE WATER PUMPING STATION.
WHEREAS, on April 12, 2021, well pump #1 seized up, shut down and the alarm signaled a well failure, thus leaving only Pump #2 as the only working pump at the well house, and
WHEREAS, on Thursday April 15, 2021, after diagnostic analysis, it was determined Pump #2 was finally seized and inoperable, a crane was ordered and Pump #1 was removed from approximately 100 feet from underground, and
WHEREAS, upon pulling Pump #1, it was immediately determined the Pump and Motor were beyond repair, so significant effort was made to locate and order a new Pump and Motor, and
WHEREAS, both Pump #1 and Pump #2 were installed in 1996, 25 years ago, and it was determined that there were no maintenance records on file for either pump at the Town Hall or the well house, and
WHEREAS, it was determined that no maintenance was performed on either Pump #1 or Pump #2 over 25 years, thus the failure of Pump #1 cold reasonably be followed by the failure of Pump #2, given similar age and neglect in maintenance, and
WHEREAS, on Friday morning April 16, 2021, the Town Board members and Supervisor had discussions by phone and at the well house, and agreed the Supervisor must issue an “Emergency Executive Order” for the replacement of Pump #1, and secure that replacement
Town of Lake Luzerne
Regular Town Board Meeting
And Public Hearing on Local Law 1 of 2021
May 10, 2021
before Pump #2 failed, and on April 16, 2021, “Emergency Executive Order #6” was signed by the Supervisor and filed with the office of the Town Clerk (“Emergency Executive Order #6” is attached hereto and made a part-hereof), and
WHEREAS, the decision was made to order Two Well pumps, Two well motors and two check values, to remove and replace both existing Pumps, Pump #1 and Pump #2, as they are the same age neither has been maintained since 1996, therefore it is reasonable to expect Pump #2 to fail soon, and
WHEREAS, with the peak season for pumping water arriving by the end of May, the Town Board and the Supervisor made the decision to replace both Pump #1 and Pump #2, both Pump motors and both pump check valves, and
WHEREAS, Pump #1 has been replaced with a new pump, new motor and new check valve and is installed and back in full operation, while Pump #2, still in operation, is scheduled to be pulled and replaced on the same day, the week of May 10, 2021, and
WHEREAS, due to the emergent nature of the ordering and priority delivery of the two Pumps, the two motors and the two check valves, the cost was higher than would have been under normal circumstances, and
WHEREAS, the cost of the two pumps and two motors ordered from F.W. WEBB, per invoice 71271159, attached hereto and made a part hereof, was $27,660.28, with the cost of freight/handling at $3,598.56, for a total of $31,258.84, and
WHEREAS, the cost of the two check valves ordered from F.W. WEBB, per invoice 71258432, attached hereto and made a part hereof, was $1,364.80, and
WHEREAS, the cost of the Crane provided by ROZELL East, as per invoice #0021502-IN, attached hereto and made a part hereof, to pull Pump #1 from the well, was $1,992.00, and
WHEREAS, the cost of JA ELECTRIC, as per invoice INV0055, for diagnostics, removal of the old pump #1 and wiring from the line and installation of the New Pump #1, Motor, check valve and new wiring, and installation into well, diagnostics and testing, was $7,390.68, including all materials, and
Town of Lake Luzerne
Regular Town Board Meeting
And Public Hearing on Local Law 1 of 2021
May 10, 2021
WHEREAS, Town Employee Theresa Rivers worked four (4) hours of overtime during the pump failure and the Town Board hereby authorizes payment of four (4) hours of overtime to employee Rivers, and
WHEREAS, there will be additional expenses to be paid in June with the 6th abstract, including invoices from ROZELL for the crane for the installation of Pump #1 and the pulling of Pump #2 and replacement of Pump #2, and an additional invoice from JA ELECTRIC for the removal and replacement of Pump #2, and most likely an invoice to have Old Pump #2 and motor repaired so the Town will now have a spare in the event of a future failure.
NOW, THEREFORE BE IT RESOLVED, the Town Board of Lake Luzerne herby approves the Emergency Executive Order #6 and authorizes Supervisor Merlino to make payment on employee overtime, WEBB Invoice # 71271159, in the amount of $31,258.84; WEBB invoice #71258432, in the amount of $1,364.80; ROZELL invoice #0021502-IN, in the amount of$1,992.00; and JA ELECTRIC invoice #INV0055, in the amount of $7,390.68, along with any and all incidental cost to date not to exceed $1,500.00.
Resolution Seconded by Councilman Lewandowski –
Discussion – Councilman Waterhouse advised that 6 weeks ago, committees were formed to make the town more accountable in certain departments. He is on the water committee and that one of his goals should be become Supervisor is to work on infrastructure. Within a couple of days the pump was down. It could be a month to get another pump. A group in Albany could not help. Two local men in town Gene Scofield and Dave Ayers have a lot of experience helped out. Highway Superintendent was invited into the pump station and asked for a maintenance schedule that couldn’t be found. There are companies that test the well motor to determine if it might be in danger of failing. If the other pump, also 25 years old went down, the town would have had no water. Wondered why the water Superintendent had never been in the building. Purification operator only answers to the Supervisor so there is a divided water department. Going forward it is going to be under a single line who all answer to the board. Attorney Mitchell discussed finding a new pump and within a couple of weeks its back in service. There was an emergency executive order signed and filed with the Town Clerk as required. The board agreed that the town was lucky in that the second pump did not fail. The new committees will keep eyes on departments in order to avoid situations like what we just went through. Councilman Fazio (hard to hear) via zoom felt that this board was over a barrel using anyone who could help and being in a position to not be able to shop around, there was no annual maintenance of the pumps because of dereliction of duty. VOTE :All in favor, Aye, Opposed None. Carried 5-0.
Town of Lake Luzerne
Regular Town Board Meeting
And Public Hearing on Local Law 1 of 2021
May 10, 2021
Councilman Lewandowski Discussion regarding the committee assignments and contacts.
Glenn Shiel – advised that the water well that hasn’t been replaced is 12 years old not 25. Clarified water treatment operator. That class is above the distribution classification.
Historian Pam Morin gave report to the Town Board and update on the progress of the marking of burial location and recognition of local Native American, Annie Denis Fuller also known as Falling Star. The plan is to mark her gravesite and to place a stone with plaque and establish an educational storyboard in the mill park. Adirondack Life magazine has chronicled the life of Falling Star. Pam is asking the board for permission to move forward in investigate the costs of a graveside marker at the cemetery and approval to proceed with concept design specs including the storybook kiosk. The plaque would be under the $1500 threshold. Councilman Waterhouse asked that Pam send the information back to Adirondack Life magazine.
Motion by Councilman Waterhouse, seconded by Councilman O’Neal that Pam Morin move forward with plans to commemorate the life of Annie Denis Fuller, AKA Falling Star. All in favor, Aye, None Opposed, Carried. 5-0.
Pam Morin also described her efforts to organize materials in the Historian collections. She is putting story information into binders. Articles, pictures. She has 70 binders in the works. Invited the board to come to the office and look over the collections.
Reports:
Town Clerk: Cynthia Sherwood
- Gave the monthly report to the supervisor to the town board. Local shares remitted $6,037.35.
- Distributed the Zoning Officer report to the Board as follows:
Zoning Report to Town Board for APRIL 2021
11 Permits issued in April—2021-13 through 34–last year-to-date 23
APA Correspondence—**Parcel 317.20-1-1, Old East River Dr., new home—non-jurisdictional letter
**Parcel 275.-1-32, Lake Ave., Huttopia—amended permit to include 2 staff modular buildings
Zoning Board of Appeals Meeting-April 8, 2021
**New application 2021AV-1, parcel 306.00-1-14 & 16, Glens Falls Mountain Rd., proposed boundary line adjustment that will result in a non-conforming lot becoming more non-conforming, public hearing set for May 13, 2021
**New application 2021AV-2, parcel 318.-1-39 & 39, Call St., proposed boundary line adjustment that will result in one lot becoming more non-conforming, public hearing set for May 13, 2021
Town of Lake Luzerne
Regular Town Board Meeting
And Public Hearing on Local Law 1 of 2021
May 10, 2021
Planning Board Meeting—April 28, 2021
**Combination of 3 lots into 1, parcels 286.-1-18, 29 & 30, Lake Ave. & Hall Hill Rd.—approved
**2 lot minor subdivision, parcel 286.15-1-28, Lake Ave. & Howe Rd.—approved contingent upon APA approval
Violations and/or Complaints – none
Hudson Grove Water District bills will be mailed tomorrow.
- Town Board meeting Minutes are on the website.
Highway Superintendent: Ron Deuel
- Spring cleanup is this week. Hydrant Flushing may discolor water temporarily.
- Scofield Road construction begins next week.
- Brush and culverts.
- Lights in the garage are changed over to LED
- Last week 14 tons of scrap metal was taken to recycle. $3,140. 63 was paid for it. Ron would like to have it transferred over to 5130. 4 to cover the cost of sandblast and painting truck boxes and repair.
RESOLUTION 71 OF 2021 – RESOLVED UPON A MOTION BY COUNCILMAN O’NEAL, SECONDED BY COUNCILMAN WATERHOUSE, to transfer $3,140.63 to 5130.4 expense line as requested by Highway Superintendent Deuel. All in favor, Aye, None opposed. Carried 5-0.
Councilman Waterhouse – Water Dept. Reviewed overtime issues in buildings and grounds dept. over the past 5 years over $100,000 in overtime. The meeting had 6 people where it came to light the on the weekends when beaches were raked etc, 4 hours were taken no matter how long it took. A statement made in the meeting was later retracted by the employee as a misinterpreted question. At this time there is no overtime in that department and there has to be workbook sheets.
Councilman Fazio – Disappointed in Supervisor Merlino and how he has handled his job over the last 15 years.
Councilman Lewandowski – Security of the properties. Looking at bringing the Town Hall up to a key fob system, personal ID system that will let only certain people in to certain areas of the property.
Town of Lake Luzerne
Regular Town Board Meeting
And Public Hearing on Local Law 1 of 2021
May 10, 2021
Glenn Shiel – Voiced complaints about how he was treated particularly at the end of his employment for all his years of loyalty to the community. Attorney Mitchell advised that Mr. Shiel put his complaints in writing and file them with the Town Clerk.
Supervisor Merlino – DEC Warrensburg is cleaning out Buttermilk State area with volunteers picking up trash and asked if they can bring it to the transfer station.
Councilman O’Neal said he would rather see it in the dump than all over the area.
Councilman Lewandowski agreed.
Fred Zubal felt NYS owns Buttermilk and wants us to take the garbage, but wouldn’t give the town a permit to burn at the landfill a few years ago.
Discussion regarding insurance on the water pumps if there was insufficient maintenance.
Councilman Lewandowski explained identifying stress testing that can be done on the pumps.
Councilman Waterhouse was glad to hear that one pump is 21 years old not 25.
Discussion with former water operator, Shiel about the complicated was system. And that the new operator does not yet have the experience he had. It is important the purification and distribution work together.
(not a verbatim transcription of lengthy discussion, some of which is inaudible on the tape)
Dan Allen – concerned about Sherman Road issues. Has waited three weeks to get the road opened.
Dan Waterhouse said it is his opinion that the Road is private and the Town should not be in there until there can be a determination of whose property it is.
Dan Allen – There has to be some mileage on the road to get CHIPS funding.
Dan Waterhouse – does not want to see anyone get in trouble and advised that he wait to get it settled.
Mr. Allen – There are tax payers in there right now waiting weeks to get this settled.
Doesn’t know why the same maintenance that has been done for years isn’t still being done. He feels that five weeks is unacceptable. The road needs to be opened up. He agrees that it should be found out, but why should he have to suffer until it is found out.
Highway Supt advised that his CHIPS is .24 center lane miles going 400 feet off the blacktop. He is going to take the trees out of the way.
Town of Lake Luzerne
Regular Town Board Meeting
And Public Hearing on Local Law 1 of 2021
May 10, 2021
Mr. Riley – showed the board a map showing an unimproved road. Seasonal. He said it was originally a stagecoach road and on the Barber property is part of the stagecoach station.
Supervisor advised that a surveyor has been hired.
Attorney Mitchell – The Highway Superintendent made representation that .24 is maintained. Until there is a change, if the Superintendent wants to go in there and clear it, he can clear it. On the 24th there will be a lot of folks coming here with information. We need to find out how much is used and has been used. When the determination if finally made as to where the road starts and ends, at the very most, its going to be .24.
Discussion continued from the Riley’s about a granted easement.
Attorney Mitchell – On the 24th people will be coming in . There is an Attorney who represents the Barbers.
Mr. Riley appreciates what has been done over the years. They have been there for years and knew Mr. Sanzo who said they would never have a problem with access. Riley needed to get an address number for 911 purposes. They went to the County and got number 59 Sherman Road Extension.
Attorney advised that the Extension is a private road which is different than a road by use.
Mr. Riley is concerned that emergency services could not get to him.
There are trees blocking in 2 places.
Mr. Shiel feels there are other private roads that need to be looked at in the town .
Roberta Vanderzee – Requested that a speed study be done on Hall Hill because the residents ride horses and walk the road.
Motion by Councilman Lewandowski to request a speed study be done at Hall Hill and ask that the limit be lowered from 45 to 35 mph. Seconded by Councilman O’Neal. All in favor, Aye. None opposed. Carried 5-0.
Rayl and Fred Zubal Discussion regarding the speed limit on East River Drive. The last time the state conducted a speed study between the traffic light at 9n and East River Dr to where the speed zone ends and changes to 55, it was determined that the speeding should be a law enforcement issue and not issues of the current speed limit. Mr. Zubal asked if the request could be refreshed.
Councilman Lewandowski rescinded his last motion and made a motion to add it to the East River Drive request.
Town of Lake Luzerne
Regular Town Board Meeting
And Public Hearing on Local Law 1 of 2021
May 10, 2021
Councilman Fazio via zoom discussed the issue of granting 4 overtime hours whether worked or not. Supervisor said he did not. Said he looked at the sheets sent in by department supervisor, signed paychecks, but not signing off on the payroll.
Councilman Fazio discussed the state of the Chamber of Commerce who promotes the restaurants, hotels and motels and bed and breakfasts. Councilman Fazio had previously asked Supervisor Merlino the status of the Chamber membership and leadership and Supervisor said they had membership and meetings and things were going good. Councilman Fazio spoke to Pam Petteys, the president of the Chamber for an update and she told him that she had discussed possible disbanding the chamber as there were only three board members. Councilman Fazio doesn’t see how Supervisor Merlino would view it as a viable organization to put heads in beds in this town and that is the reason to put the bed tax resolution aside. Councilman Fazio had discussed the chamber 3 days ago with Pam Petteys. Supervisor Merlino said that was new information since the last time it was discussed.
Glenn Shiel asked (for his satisfaction) that Supervisor Merlino step down immediately or he will proceed with a law suit. Attorney Mitchell discussed that Glenn may want to memorialize his thoughts in writing, stamp and sign it and file with the Town Clerk. Mr. Shiel asked if he could communicate with Attorney Mitchell in that regard. There was further discussion regarding the town ethics committee and the procurement policy.
Mr. Herring – asked the board to join Glenn in some of his complaints because he believes the board has knowledge of what he is talking about.
Howard Schaffer – discussed the tabling of hiring Tracy Clothier as grant writer by the board. He wanted to make sure the board members are aware of her roll securing a grant for the lake.
Motion by Councilman O’Neal to adjourn, seconded by Councilman Lewandowski. All in favor. Aye
Respectfully Submitted,
_______________________________
Cynthia Sherwood, RMC, Town Clerk