TOWN OF LAKE LUZERNE
REGULAR TOWN BOARD MEETING
AUGUST 9, 2021
DEPUTY SUPERVISOR WATERHOUSE CALLED MEETING TO ORDER WITH THE FOLLOWING MEMBERS PRESENT: COUNCILMAN O’ NEAL, COUNCILMAN FAZIO, COUNCILMAN LEWANDOWSKI. ALSO PRESENT: HIGHWAY SUPT. RON DEUEL, DEPUTY HIGHWAY SUPT. BROOKS AND ATTORNEY FOR THE TOWN, DAVID MITCHELL, ESQ.
MOTION BY COUNCILMAN FAZIO, SECONDED BY COUNCILMAN LEWANDOWSKI TO ACCEPT MINUTES OF JULY 12, 2021 TOWN BOARD MEETING. NO DISCUSSION. ALL IN FAVOR, AYE, NONE OPPOSED, CARRIED 4- 0.
FLOOR OPEN TO PUBLIC .
PAM PETTEYS- DISCUSSION- OCCUPANCY TAX FUNDS CHECK FOR CHAMBER IS APPROVED WILL BE AVAILABLE TOMORROW.
DONNA COVELL- QUESTIONED RESOLUTION# 126 REGARDING PART B REIMBURSEMENT. ATTORNEY DISCUSSED RESOLUTION 17 OF 2007 IN THAT THE RESOLUTION LANGUAGE DOESN’ T SPECIFY PART B REIMBURSED FOR SPOUSES JUST THE RETIREE. LEGISLATION TONIGHT WILL TERMINATE THE PAYMENT TO THOSE WHO ARE NOT RETIREES. THE COMPTROLLERS OFFICE ADVISED THAT THE SPOUSES WERE NOT ENTITLED TO THE PART B BENEFIT. DONNA ALSO ASKED WHY THE TOWN NEEDS A DEPUTY TOWN ATTORNEY. DEPUTY SUPERVISOR EXPLAINED THE UPCOMING WORK ON THE E-CODE, ZONING AND MASTER PLAN. PROJECTS WILL TAKE A LOT OF TIME .
ROBERT SHIEL- QUESTIONED THE NEED FOR AN ASSISTANT TO THE ZONING OFFICE .ATTORNEY EXPLAINED THAT THE ZONING OFFICER IS PART TIME AT 20 HRS PR WEEK, THE ASSISTANT WILL WORK UP TO 20 WITH ENFORCEMENT ISSUES.
GLEN SHIEL- ASKED MR WATERHOUSE HOW, AS PART-TIME COUNCILMAN, DO YOU GET INSURANCE? DEPUTY SUPERVISOR WAS GRANDFATHERED WITH THE BENEFIT BY RESOLUTION OF THE BOARD.
RAYL ZUBAL- QUESTIONED HIRING A DEPUTY ATTORNEY. DISCUSSION REGARDING THE WORK NECESSARY OVER A LONG PERIOD OF TIME ON THE ZONING UPDATE, THE COMPREHENSIVE PLAN AND E CODE.
RACHAEL SEBER- CHAIRWOMAN OF THE WARREN COUNTY BOARD OF SUPERVISORS. EXPLAINED 2021 SNOWMOBILE TRAIL AGREEMENT PER RESOLUTION 115 OF 2021. CHAIRMAN OF THAT COMMITTEE WILL PUT IT ON THE AUGUST COUNTY AGENDA. IN SEPT IT WILL BE VOTED ON AND THEN THE SNOWMOBILE CLUB CAN CONTACT WARREN COUNTY DIRECTLY AND WORK WITH TIM BENWAY.
FLOOR CLOSED TO PUBLIC
RESOLUTION 109 of 2021 – RESOLUTION INTRODUCED BY DEPUTY SUPERVISOR WATERHOUSE AUTHORIZING PAYMENT OF MONTHLY VOUCHERS OF THE 8th ABSTRACT FOR AUGUST- AS FILED IN THE OFFICE OF THE TOWN CLERK-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 ofNew York, Warren County and the Town of Lake Luzerne, and
WHEREAS, the payment vouchers received, reviewed and approved for payment from the 8TH Abstract for August are identified as follows:
GENERAL: 427517 – #27582 27,949.26 HIGHWAY: 27583 – # 27602 88, 715.48 Lake Luzerne Water Fund 27603 – # 27606 1, 229.80 Hudson Grove Water Fund 27607 75. 00
NOW THEREFORE BE IT RESOLVED, the Supervisor is hereby authorized to pay the monthly vouchers approved and identified hereinabove, from the 8th Abstract for August of 2021. RESOLUTION WAS SECONDED BY COUNCILMAN O’ NEAL. NO DISCUSSION. ALL IN FAVOR, AYE. NONE OPPOSED. CARRIED 4- 0
RESOLUTION 110 of 2021 – RESOLUTION INTRODUCED BY DEPUTY SUPERVISOR WATERHOUSE AUTHORIZING MONTHLY BUDGET AMENDMENTS FOR AUGUST 2021
WHEREAS, the Town Board of Lake Luzerne, pursuant to and consistent with New York State Town Law Article 4, Chapter 62, Section 64 shall have general management and control ofthe Town Finances, and in concert with that with that fiduciary duty is the oversight of accurate accounting and budgeting of the finances of the Town. Therefore, as the need arises, the Town Board of Lake Luzerne shall pass budget amendment to provide for a more accurate and current picture and analysis of the status of Town finances.
WHEREAS, the Budget amendments deemed necessary for August 2021 are as follows: See Schedule” A” attached hereto and made a part hereof.
NOW THEREFORE BE IT RESOLVED, the Supervisor is hereby authorized to make the above Budget Amendments for the month ofAugust 2021. RESOLUTION SECONDED BY COUNCILMAN FAZIO. NO DISUSSION. ALL IN FAVOR, AYE, NONE OPPOSED. CARRIED 4- 0
From: A1340.1 Budget Officer to A1340.2 Budget Consultant 1, 000.00 1, 000.00
2021 Budget Consultant Linda Mason)
From: A1990.4 Contingency to A7510.4 Historian
Historian budget line is overdrawn due to late 2020 purchases which were invoiced and paid in 2021).
From: A1990.4 Contingency to A1420.4 Attorney Contractual Expense 12, 000.00 12, 000.00
Retain additional legal services to assist with: Updated Consolidated plan; Update Zoning and General Code(E-code) process).
From: A1430. 1 Personal Service to A1680.4 Tech Support Services 18,700.00 18,700.00
From: 1990.4 Contingency to 1680.4 Tech Support Services 20,000.00 20,000.00
provide for new accounting software update (first update in over 20 years); Govtech system maintenance& storage; and new computer for Supervisor office).
From: 1990.4 Contingency to A1430,2 Personal Equipment
4,000.00 4,000.00 Facial Recognition Time Clocks)
From: SW18320.4 Power Pump to SW18340.2 Equipment
51, 510.13 51, 510.13
Correct accounting/posting error)
RESOLUTION 111 of2021 – RESOLUTION INTRODUCED BY DEPUTY SUPERVISOR WATERHOUSE ACCEPTING FUNDS RECEIVED FROM THE AMERICAN RESCUE ACT (ARA)
WHEREAS, Deputy Supervisor Waterhouse applied for funds from the American Rescue Act, a Federal Legislative billed signed into law on March 11, 2021, by the President ofthe United States, which included 774 million from the Coronavirus Local Fiscal Recovery Fund (CLFRF) for certain Towns, Cities and Villages in New York State and the New York State Division of Budget( DOB) is responsible for allocating these funds in accordance with the Act and the rules and guidance ofthe U.S. Department of Treasury, and
WHEREAS, the New York State DOB has processed a payment to the Town of Lake Luzerne in the amount of$ 165, 477.74, which represents half ofthe total allocated to the Town of Lake Luzerne, with the second half anticipated to be in the summer of 2022, and
WHEREAS, because the aid from the CLFRF has eligibility requirements, the above payment cannot be recognized as revenue until the expenditure the aid will be used to pay for has been incurred by the local government( the Town). Therefore, the receipt ofthe above shall be accounted for as a liability until all eligibility requirements are met, including all eligible expenditures incurred.
NOW THEREFORE BE IT RESOLVED, the Town Board of Lake Luzerne hereby accepts the American Rescue Act payment in the amount of$ 165,477.74 to be received as a liability until all requirements under the payment distribution are satisfied. RESOLUTION SECONDED BY COUNCILMAN LEWANDOWSKI. NO DISCUSSION . ALL IN FAVOR, AYE, NONE OPPOSED, CARRIED 4- 0.
RESOLUTION 112 of 2021 – RESOLUTION INTRODUCED BY COUNCILMAN O’ NEAL AUTHORIZING THE PURCHASE OF TWO NEW FACEPRO IRT FACIAL RECOGNITION TIME CLOCKS WITH TEMPERATURE DETECTION
WHEREAS, the Town Board of Lake Luzerne is obliged to oversee all financial aspects ofthe operations ofthe Town of Lake Luzerne and part of that fiduciary duty is to oversee payroll of hourly employees, and the Town Board has been considering updating the time clocks for both the Highway Department and Buildings and Grounds Department for some time, and
WHEREAS, in light ofthe pandemic, the Town Board desires to incorporate hourly employee monitoring ofthe workday with pre-workday temperature checks in an effort to provide health screening to all employees reporting to work, and
WHEREAS, Councilman O’ Neal, after doing significant research on locating the technology incorporating both the time monitoring and health monitoring for all hourly employees, Councilman O’ Neal obtain quotes from three separate providers and has recommended the Town Board authorize the purchase oftwo Facepro IRT Facial Recognition Time Clocks with Temperature Detection in a total purchase amount not to exceed$ 4,000.00 for both time clocks.
NOW THEREFORE BE IT RESOLVED, the Supervisor is hereby authorized to purchase two (2) Facepro IRT Facial Recognition Time Clocks with Temperature Detection in an amount not to exceed $4, 000.00 for both time clocks. RESOLUTION SECONDED BY COUNCILMAN FAZIO . NO DISCUSSION. ALL IN FAVOR, AYE. NONE OPPOSED. CARRIED 4- 0.
RESOLUTION 113 of2021 – RESOLUTION INTRODUCED BY COUNCILMAN O’ NEAL AUTHORIZING THE EXECUTION OF THE MEMORANDUM OF UNDERSTANDING MOU) BETWEEN THE TOWN OF LAKE LUZERNE AND WARREN COUNTY SOIL AND WATER CONSEVATION DISTRICT( WCSWCD)
WHEREAS, the Warren County Soil and Water Conservation District( District) hereby enters into a Memorandum ofUnderstanding (MOU) with the Town of Lake Luzerne in regards to activities related to erosion and sediment control and stormwater management on Gage Hill Road and others in the Town of Lake Luzerne, and
WHEREAS, it is agreed that the District will reimburse the Town of Lake Luzerne up to and including the sum of$11, 500.00 ofthe road and/or road bank stabilization structures/ best management practices to reduce and or eliminate sediment from the roads which impacts the Upper-Hudson River Watershed.
NOW THEREFORE BE IT RESOLVED, the Supervisor is hereby authorized execute the Memorandum ofUnderstanding with Warren County Soil and Water Conservation District.
RESOLUTION SECONDED BY COUNCILMAN FAZIO. NO DISCUSSION. ALL IN FAVOR, AYE, NONE OPPOSED. CARRIED 4- 0.
RESOLUTION 114 of 2021 – RESOLUTION INTRODUCED BY DEPUTY SUPERVISOR WATERHOUSE AUTHORIZING THE SUPERVISOR TO ENTER INTO AN INTERMUNICIPAL AGREEMENT WITH WARREN COUNTY FOR ROADWAY MAINTENANCE FOR 2022
WHEREAS, the Town Board of Lake Luzerne annually enters into an intermunicipal agreement with Warren County to maintain certain roadways owned by Warren County, and
WHEREAS, on June 26, 2021, the Town of Lake Luzerne received a letter from County Attorney Robert Terwilliger identifying Resolution 273 of 2021, as approved by the Board of Supervisors of Warren County on July 16, 2021 approving agreements with the Towns in Warren County for Roadway Maintenance, and
WHEREAS, the amount Warren County approved for the 2022 Roadway Maintenance Agreement for 2022 is now$ 91, 313. 14 for snow and $6,204.36 for mowing and this Resolution 114 of 2021 shall authorize the Supervisor ofLake Luzerne to enter into 2022 agreement with
NOW THEREFORE BE IT RESOLVED, the Supervisor is hereby authorized to enter into the Intermunicipal Agreement with Warren County for the 2022 Roadway Maintenance Agreement with Warren County. RESOLUTION SECONDED BY COUNCILMAN O’ NEAL. NO DISCUSSION. ALL IN FAVOR, AYE. NONE OPPOSED. CARRIED. 4-0.
RESOLUTION 115 of 2021 – RESOLUTION INTRODUCED BY COUNCILMAN FAZIO ACKNOWLEDGING RECEIPT OF THE LETTER FROM WARREN COUNTY ATTORNEY TERMINATING THE SNOWMOBILE TRAIL MAINTENANCE AND EQUIPMENT AGREEMENT FOR 2021 — BETWEEN WARREN COUNTY AND THE TOWN OF LAKE LUZERNE — EFFECTIVE OCTOBER 1, 2021 OR UPON WARREN COUNTY BOARD OF SUPERVISORS APPROVAL OF A DIRECT CONTRACT BETWEEN WARREN COUNTY AND THE SOUTH WARREN SNOWMOBILE CLUB
WHEREAS, the Town Board of Lake Luzerne is currently in a” pass through contract agreement” with Warren County to provide funding to the South Warren Snowmobile Club for Snowmobile Trail Maintenance and Equipment, where the Town ofLake Luzerne reimburses the Snowmobile Club for expenses incurred for fiscal year 2021 under the terms of the contract with Warren County, with the funds ultimately coming from Warren County, and
WHEREAS, the three other snowmobile clubs in Warren County (Thurman Connection; Hague Sno- Goers and North Warren Trailblazers Snowmobile clubs) all contract directly with Warren County for snow mobile trail maintenance and equipment funds from Warren County, and
WHEREAS, the South Warren Snowmobile Club, the Town ofLake Luzerne and Warren County have all expressed a desire to eliminate the ” pass through contract agreement” and allow the South Warren Snowmobile club to contract directly with Warren County for the same services, thus allowing the South Warren Snowmobile club to directly bill Warren County and receive payment directly from Warren County.
WHEREAS, by direct contracting, invoicing and billing, this will ensure direct government accountability for Warren County to the taxpayers and ensure GASB accountability.
NOW THEREFORE BE IT RESOLVED, the Town of Lake Luzerne acknowledges receipt of the letter from Warren County Attorney terminating the snowmobile trail maintenance and equipment agreement for 2021 —between Warren County and the Town of Lake Luzerne— effective October 1, 2021 or upon Warren County Board of Supervisors approval of a direct contract between Warren County and the South Warren Snowmobile Club. RESOLUTION SECONDED BY COUNCILMAN LEWANDOWSKI. NO DISCUSSION. ALL IN FAVOR, AYE. NONE OPPOSED. CARRIED. 4- 0.
RESOLUTION 116 OF 2021 – RESOLUTION INTRODUCED BY DEPUTY SUPERVISOR WATERHOUSE- RESOLUTION AUTHORIZING DEPUTY SUPERVISOR WATERHOUSE TO EXECUTE THE CONTRACT WITH HUDSON HEADWATERS FOR THE MOBILE HEALTH UNIT
WHEREAS, the Town Board ofLake Luzerne desires to partner with Hudson Headwaters Health Network( HHHN) in advancing and promoting healthcare initiatives in communities with limited access to healthcare resources, and
WHEREAS, HHHN is an IRC section 501 ( C)( 3) tax exempt corporation, licensed under Article 28 of the New York State Public Health Law and a community health center receiving funds pursuant to Section 330 of the Public Health Services Act. 42 USCA Section 256, and
WHEREAS, HHHN services rural communities and operates a Mobile Health Unit( MHU) in the region which provides health care services to any and all patients who request them, regardless of ability to pay, and
WHEREAS, HHHN desires to operate the MHU on site at the Lake Luzerne Town Hall and the Town Board of Lake Luzerne desires to enter into an agreement to allow this MHU site operation at Town Hall, pursuant to the contractual agreement attached hereto as schedule ” A” and made a part hereof.
NOW THEREFORE BE IT RESOLVED, the Town Board of Lake Luzerne hereby authorizes the Deputy Supervisor to execute the agreement with HHHN for the operation ofthe MHU at the Lake Luzerne Town Hall, pursuant to the agreement attached hereto as schedule ” A” and made a pert hereof. RESOLUTION SECONDED BY COUNCILMAN O’ NEAL. NO DISCUSSION. ALL IN FAVOR, AYE. NONE OPPOSED. CARRIED. 4- 0.
RESOLUTION 117 of 2021 – RESOLUTION INTRODUCED BY COUNCILMAN LEWANDOWSKI AUTHORIZING PURCHASE OF PROPANE FUEL AND HEATING OIL FOR THE 2021 —2022 HEATING SEASON
WHEREAS, the Town Board of Lake Luzerne is aware of and recognizes the escalating cost of heating fuel as a result of the current Nation fossil fuel policy promulgated by the current presidential administration, and
WHEREAS, in an effort to capture favorable rates for propane and heating oil for the 2021- 2022 heating season, the Town Board ofLake Luzerne solicited BIDS for propane fuel and heating fuel oil, for the 2021 —2022 heating season from qualified fuel providers, with the deadline of July 31, 2021 for submission of all qualified BIDS, and
WHEREAS, no BIDS were submitted by the deadline, most likely due to the volatility in the market, so the Town Board of Lake Luzerne has decided to move forward and purchase the necessary fuel for the 2021 – 2022 heating season under the terms of State contract through the Office of General Services ( OGS Contract), as the State contact has complied with the laws of the State ofNew York regarding procurement laws and policies for New York Municipalities, and
WHEREAS, the Town Board has determined through averaging annual usage over the past three years for the Town of Lake Luzerne, that the average annual needs for propane and heating fuel oil for the Town ofLake Luzerne are: Propane: 10, 000 gallons and heating oil: 2, 000 gallons.
NOW THEREFORE BE IT RESOLVED, Deputy Supervisor Waterhouse is hereby authorized to purchase propane and fuel oil for the 2021 —2022 heating season, pursuant to the terms ofthe State contract through the NY State Office of Government services in an amount not to exceed Propane: 10, 000 gallons and Fuel oil: 2, 000 gallons.
RESOLUTION SECONDED BY COUNCILMAN FAZIO. DISCUSSION: THERE WAS NO RESPONSE TO THE ADVERTISED BID FOR FUEL. OUR CURRENT PROVIDER IS LISTED ON THE STATE CONTRACT AND THE TANKS IN THE GROUND BELONG TO THE COMPANY. ALL IN FAVOR, AYE, NONE OPPOSED. CARRIED. 4-0.
RESOLUTION 118 of 2021 RESOLUTION INTRODUCED BY DEPUTY SUPERVISOR WATERHOUSE AUTHORIZING PAYMENT OF VOUCHERS WITH THE USE OF OCCUPANCY TAX FUNDS
WHEREAS, the Town Board of Lake Luzerne oversees and administers the distribution of Occupancy Tax Funds received from the annual distribution of Occupancy Tax Funds from Warren County, and
WHEREAS, the Town Board was presented with the following Vouchers for invoices to be paid from Occupancy Tax Funds:
AA Tents and Garages: 98.00 Tables& Chairs for History Day
Christine Blakely 105. 00 School house& Kinnear Kathleen DeWolfe 120.00 Pulp& Kinnear
Sue Clark 60.00 Rockwell/Harmon
Dale DeWolfe 120.00 Pulp& Rockwell
Shirley Gawlak 60.00 Kinnear
Sue McLane 75. 00 Gailey, Kinnear& Rockwell
NOW THEREFORE BE IT RESOLVED, the Town Board of Lake Luzerne hereby authorizes payment of the above vouchers/invoices with Occupancy Tax Funds. RESOLUTION WAS SECONDED BY COUNCILMAN FAZIO. NO DISCUSSION. ALL IN FAVOR, AYE. NONE OPPOSED. CARRIED 4- 0.
RESOLUTION 119 of2021 – RESOLUTION INTRODUCED BY DEPUTY SUPERVISOR WATERHOUSE AUTHORIZING EXECUTION OF THE CONTRACT WITH GENERAL CODE FOR DIGITAL CODIFICATION SERVICES
WHEREAS, the Town Board of Lake Luzerne recognizes the need for centralized codification of the approved legislation ofthe Town of Lake Luzerne, and
WHEREAS, in an effort to allow full and complete transparency and access to all the approved legislation of the Town of Lake Luzerne for its: citizens of Lake Luzerne, property owners of Lake Luzerne, prospective developers, landowners, homebuyers and prospective developers and the public at large, the Town Board of Lake Luzerne has decided to join several municipal Towns, Villages and Cities in New York State and across e United States, to codify it local legislation and have same fully accessible on line through the online portal ecode360, a digital service provided by General Code, and
WHEREAS, the Town Board of Lake Luzerne requested a proposal from General Code, a sole source provider and professional service, to offer a proposal and contract for the codification and ecode platform, and
WHEREAS, General Code provided that proposal, attached hereto as Schedule” A” and made a part hereof, wherein the cost estimate is $ 14,995.00 for the codification and an annual fee of 1, 195. 00 for annual ecode360 maintenance once completed and on line.
NOW THEREFORE BE IT RESOLVED, The Town Board of Lake Luzerne hereby approves and accepts the General Code proposal and authorizes Deputy Supervisor Waterhouse to execute the contract with General Code for codification services.
RESOLUTION SECONDED BY COUNCILMAN O’ NEAL. NO DISCUSSION. ALL IN FAVOR, AYE. NONE OPPOSED. CARRIED 4- 0.
RESOLUTION 120 of 2021 – RESOLUTION INTRODUCED BY DEPUTY SUPERVISOR WATERHOUSE AUTHORIZING HIRING OF A DEPUTY ATTORNEY FOR THE TOWN OF LAKE LUZERNE
WHEREAS, the Town Board of Lake Luzerne has committed to the following community wide initiatives, beginning August 2021:
Updating the Town of Lake Luzerne Consolidated Plan
Updating the Town of Lake Luzerne Zoning Law, and
Codification of the Town of Lake Luzerne laws with General Codee360, and
WHEREAS, the above initiatives and special projects are not part of the current duties under the current agreement with the Attorney for the Town David Mitchell, Esq., and
WHEREAS, the above three special projects above are anticipated to begin in concert, with the appointment ofthe members ofTown Advisory Committee for the updated consolidated plan and the execution ofthe contract with General Code in August 2021, and
WHEREAS, the anticipated time horizon for the completion ofthe above three special projects is December 2024, so there is a need for more resources for legal assistance, and
WHEREAS, the current attorney for the Town of Lake Luzerne has indicated that due to other commitments, he in unable to take on the three new special projects and responsibility, while also performing the current day-to-day duties already contracted for with the Town of Lake Luzerne, thus, it will be necessary to allocate additional resources to retain the services of another attorney for services through December 2024, at an annual additional rate of$ 12, 000.00 per year, with the estimated date of completion of the above three projects in December 2024.
NOW THEREFORE BE IT RESOLVED, the Town Board hereby authorizes additional resources in the amount of$12, 000.00 per year through December 2024, to hire a deputy attorney for the Town to assist in the increased responsibilities for the three special projects defined herein above. RESOLUTION SECONDED BY COUNCILMAN FAZIO. NO DISCUSSION. ALL IN FAVOR, AYE. NONE OPPOSED. CARRIED 4-0.
RESOLUTION 121 of 2021 – RESOLUTION INTRODUCED BY DEPUTY SUPERVISOR WATERHOUSE CREATING THE EMPLOYMENT POSITION OF:
ASSISTANT ZONING ENFORCEMENT OFFICER” AND POSTING THE NEW POSITION TO SOLICIT RESUMES FROM INTERESTED APPLICANTS
WHEREAS, the Town Board of Lake Luzerne recognizes the need for the creation of an Assistant Zoning Enforcement Officer” within the Town of Lake Luzerne, to assist the Zoning Enforcement Officer in her daily duties within the Town of Lake Luzerne, and
WHEREAS, the Town Board has discussed this need and has concurred that a part time position needs to be created and hereby authorizes the creation of” Assistant Zoning Enforcement Officer” with a need of 10 – 20 hours per week at a hourly pay range and rate of$15. 00 – $ 20.00 per hour, with the exact rate set upon the Town Board hiring of the qualified applicant and shall be commensurate with experience, and
WHEREAS, the Town Board personnel/ employee committee shall create a job description identifying all employment requirements/duties for this new position and then shall post this new position for all interested applicants to submit a letter of interest and resume to the Town Board on or before September 30, 2021.
NOW THEREFORE BE IT RESOLVED, the Town Board of Lake Luzerne hereby creates the employment position of” Assistant Zoning Enforcement Officer” to work 10- 20 hours per week at a rate of$15. 00 – $ 20.00 per hour and the new position shall be posted consistent with the requirements hereinabove, with all letters of interest and resumes due by September 30, 2021. RESOLUTION WAS SECONDED BY COUNCILMAN LEWANDOWSKI. NO DISCUSSION. ALL IN FAVOR, AYE . NONE OPPOSED. CARRIED 4- 0.
RESOLUTION 122 of2021 – RESOLUTION INTRODUCED BY DEPUTY SUPERVISOR WATERHOUSE APPOINTING MEMBERS TO THE TOWN ADVISORY COMMITTEE TAC) FOR THE UPDATED CONSOLIDATED PLAN
WHEREAS, the Town Board of Lake Luzerne at the Special Town Board Meeting on June 21, 2021, passed Resolution 88 of 2021 authorizing the creation of a Town Advisory Committee TAC) for the purpose updating the Town Consolidated Plan, and
WHEREAS, Resolution 88 of 2021 authorizes the appointment of 8- 15 Town of Lake Luzerne residents to the TAC and to advise the Town Board on the updated consolidated plan, and the Town has received several letters ofinterest and has decided to appoint the following residents to the TAC:
Braico, C. Avery
NOW THEREFORE BE IT RESOLVED, the Town Board of Lake Luzerne hereby appoints the above residents to the Town Advisory Committee and sets the first meeting ofthe TAC for Monday August 23rd at 6: 00 pm at the Lake Luzerne Town Hall and requests the Town Clerk notify the members of the first meeting date and time.
RESOLUTION SECONDED BY COUNCILMAN O’ NEAL, NO DISCUSSION. ALL IN FAVOR, AYE. NONE OPPOSED. CARRIED 4- 0.
RESOLUTION 123 of 2021- RESOLUTION INTRODUCED BY COUNCILMAN FAZIO APPOINTING DANE MORTON TO THE PLANNING BOARD AND APPOINTING PAM PETTEYS AS ALTERNATE TO THE PLANNING BOARD WHEREAS, the Town of Lake Luzerne currently has a vacancy on the Planning Board of the Town of Lake Luzerne, as a result of the resignation of lifelong resident Jack Fazio, as Jack and his wife sold their family homestead of over 30 years and no longer reside in Lake Luzerne, and
WHEREAS, the Town Board of Lake Luzerne has accepted Mr. Fazio’ s resignation and under New York State Town Law, Chapter 62 Article 16, Section 271( 8), the Town Board of Lake Luzerne hereby appoints Dane Morton, (currently a lawfully appointed alternate on the Planning Board), to a full member of the Planning Board and Mr. Morton shall be appointed to fill the unexpired term of Jack Fazio, and
WHEREAS, with Mr. Morton’ s appointment and acceptance of the appointment as a full member of the Planning Board, by operation of law, his position as an alternate is now vacant, and
WHEREAS, with the position of alternate to the Planning Board vacant, the Town Board of Lake Luzerne hereby appoints Pam Petteys to the position of alternate on the Planning Board of Lake Luzeme.
NOW THEREFORE BE IT RESOLVED, the Town Board of Lake Luzerne hereby appoints Dane Morton to the unexpired term of the Planning Board seat vacated by Jack Fazio and hereby appoints Pam Petteys as alternate to the Planning Board.
RESOLUTION SECONDED BY COUNCILMAN LEWANDOWSKI. NO DISCUSSION. ALL IN FAVOR, AYE. NONE OPPOSED. CARRIED 4- 0.
RESOLUTION 124 of 2021 – RESOLUTION INTRODUCED BY COUNCILMAN FAZIO AUTHORIZING THE EXECUTION OF THE CONTRACT WITH EDMUNDS GOVTECH FOR MANAGED IT MAINTENANCE AND STORAGE.
WHEREAS, the Town Board of Lake Luzerne has determined the Town of Lake Luzerne computer system storage has not been backed up since November 2020 and there is an urgent need for managed IT maintenance and storage, and
WHEREAS, the Town Board of Lake Luzerne has received a proposal for professional services for managed IT maintenance and storage for the Town’ s computer system from Edmunds Govtech in the amount of$2, 320.00 and the proposal is attached hereto as Schedule” A” and made a part hereof, and
WHEREAS, the Town Board has decided the attached proposal for professional services is both reasonable and necessary.
NOW THEREFORE BE IT RESOLVED, the Town Board of Lake Luzerne hereby accepts the proposal defined hereinabove and authorizes Deputy Supervisor to execute all necessary documents with Edmunds Govtech to move forward with managed IT maintenance and storage for the Town ofLake Luzerne. RESOLUTION WAS SECONDED BY COUNCILMAN O’ NEAL. NO DISCUSSION. ALL IN FAVOR, AYE. NONE OPPOSED. CARRIED. 4- 0.
RESOLUTION 125 of 2021 – RESOLUTION INTRODUCED BY COUNCILMAN LEWANDOWSKI AUTHORIZING HIGHWAY SUPERINTENDENT DEUEL TO PURCHASE EIGHT (8) NEW FIRE HYDRANTS NOT TO EXCEED A TOTAL COST OF 27,000.00.
WHEREAS, Highway Superintendent Deuel has request authorization to purchase eight( 8) new fire hydrants to replace eight( 8) existing fire hydrants within the Town, as he has identified eight hydrants as in need of replacement as identified from an email from Deputy Brooks below:
Good afternoon, At the meeting i only gave three examples of ones that we were having problems with. When you asked for a list, we came up with the top ones in town that we are having issues with. We only asked for 6 for now so that we can try to fit them into our schedule before winter, as it would be September before we saw them, at the earliest. Sorry for the confusion. Attached you will find the revised list.
9N between Gailey hill and Mountain view Dr- Out of service stem is cracked. This is the one that i suggested the company come in and do a line block, so we don’t have to shut the system down. Ron will have more information on that for Mondays meeting.
9N across from Gailey hill. – You need a 6′ breaker bar and two guys in order to turn it on. There is not a year on the hydrant in order to order parts, or service it. also only has 2-” 2. 5 caps and no 5″ to fill a fire truck.
Lady slipper( left hand hydrant) only left handed hydrant we have in town
7Th ave. Is seized closed and wont turn on. Also only has 2, 2.5″ discharge and no 5″ 5. Pierpont across from center st. Extremely hard to turn on, doesn’t have the 5″ discharge
6.Broadway by Janet Kanes- Doesn’t close down all the way leaks by
7 Sagamore- cap is seized on will have to cut it off, and doesn’t drain after use.
The last hydrant on East River Dr on the south end by the red barn- Out of service. stem in broke inside
Hope that is more helpful for you. Any other question please let me know
WHEREAS, three price quotations were obtained and are attached hereto and made a part hereof, as follows:: ( 1) Team EJP Round Lake $2,650 each; (2) F.W. WEBB Company 2, 915. 00 each and ( 3) Ferguson Waterworks $3, 282.00 each.
NOW THEREFORE BE IT RESOLVED, the Town Board of Lake Luzerne hereby authorizes Highway Superintendent Deuel to purchase eight ( 8) new fire hydrants, not to exceed a total cost of$27,000.00, to replace the eight (8) hydrants identified herein above. RESOLUTION SECONDED BY COUNCILMAN FAZIO. DISCUSSION: COUNCILMAN FAZIO SUGGESTED PURCHASE OF UP TO 8 HYDRANTS WITH PRICING PR QUOTE. ALL IN FAVOR, AYE. NONE OPPOSED. CARRIED 4- 0.
RESOLUTION 126 of 2021 – RESOLUTION INTRODUCED BY DEPUTY SUPERVISOR WATERHOUSE TERMINATING BENEFITS AND PAYMENTS UNDER RESOLUTION# 17 OF 2007
WHEREAS, the Town Board of Lake Luzerne, pursuant to and consistent with New York State Town Law Article 4, Chapter 62, Section 64 shall have general management and control ofthe Town Finances, and in concert with that fiduciary duty is oversight of accounting, budgeting and spending of the finances ofthe Town, included all daily, weekly, monthly, quarterly, semiannual and annual expenditures ofthe Town ofLake Luzeme, and
WHEREAS, the Town Board discovered that Supervisor Merlino, for many years, has been making quarterly payments to individuals for” reimbursement payments under Resolution# 17 of 2007″ and making these payments without any supporting documentation or review ofthe legitimacy ofthe payments. These payments, made pursuant to and under Resolution# 17 of 2007 were for alleged reimbursement payments to ” Retirees” ofthe Town of Lake Luzerne for Medicare ” Part` B” costs and penalties” and made to the following individuals not authorized by Resolution# 17 of 2007.
WHEREAS, in consultation with the Office ofthe New York State Comptroller, it is hereby determined that the above individuals do not qualify for any payments and/or benefits under Resolution# 17 of 2007 and any and all benefits and payments being made to the above individuals, pursuant to Resolution# 17 of 2007, are hereby terminated and shall cease forthwith. NOW THEREFORE BE IT RESOLVED, the Town Board of Lake Luzerne hereby terminates the benefits and payments being made to the above identified individuals, pursuant to Resolution# 17 of 2007, are hereby terminated and shall cease forthwith.
RESOLUTION WAS SECONDED BY COUNCILMAN O’ NEAL. DISCUSSION: RESOLUTION WAS TABLED PENDING FURTHER INFORMATION PROVIDED BY MR. SHIEL.
RESOLUTION 127 of2021 – RESOLUTION INTRODUCED BY DEPUTY SUPERVISOR WATERHOUSE CALLING FOR A SPECIAL TOWN BOARD MEETING WITH THE LAKE LUZERNE ASSOCIATION AND THE COMMUNITY TO ADDRESS LAKE WATER QUALITY AND PRESERVATION
WHEREAS, the Town Board of Lake Luzerne, under New York State Town Law Chapter 62, Article 4, Section 62, may call a special meeting when necessary, and
WHEREAS, the Town Board of Lake Luzerne has decided to call a Special Town Board Meeting for Monday August 16, 2021 at 6: 00 pm, with the Lake Luzerne Association and the Community to address Lake Water Quality and Preservation.
NOW THEREFORE BE IT RESOLVED, Deputy Supervisor Waterhouse and the Town Board hereby calls a Special Town Board Meeting for Monday August 16, 2021 at 6: 00 pm, with the Lake Luzerne Association and the Community to address Lake Water Quality and Preservation. RESOLUTION SECONDED BY COUNCILMAN FAZIO. DISCUSSION . MEETING WAS SCHEDULED FOR AUGUST 16TH AT 6 PM. ALL IN FAVOR, AYE. NONE OPPOSED. CARRIED 4- 0.
COUNCILMAN O’ NEAL INTRODUCED THE FOLLOWING THE FOLLOWING ADDED RESOLUTION:
RESOLUTION 128 OF 2021 — VOTE OF ” NO CONFIDENCE” IN SUPERVISOR MERLINO BY THE TOWN BOARD OF LAKE LUZERNE
WHEREAS, OVER THE PAST NINE MONTHS (FROM September 2020 through may 2021, several violation of municipal state and local law laws, regulations and policies have been discovered with respect to Supervisor Merlino’ s conduct as supervisor for the Town of Lake Luzerne, including, but not limited to the following:
PURCHASE AND SALE OF TOWN PROPERTY WITHOUT TOWN BOARD KNOWLEDGE OR APPROVAL:
Supervisor Sold Town property without Town Board approval or knowledge—BOAT The Supervisor admits selling the boat without Town Board knowledge or approval. 2. Supervisor Purchased Town property without Town Board approval or knowledge. Boat. The Supervisor admits to purchasing the boat without Town Board knowledge or approval.
Awarded a$ 15, 000 contract to replace the roof on the Buildings and Grounds building to a friend and without solicited BIDS; this contact was awarded to a vendor who the Supervisor does admit is a friend and admits this vendor had performed work for him in the past at his private B& B business. The Supervisor also admits he” plays cards” with his friend. This roofing contact was for$ 15, 000 and was awarded without the knowledge or approval ofthe Town Board. The supervisor awarded this $15, 000 contract under the explanation of an” Emergency Declaration” as to the roof containing mold. There is no written Emergency Declaration on file with the Town Clerk. The existence of mold would not be an emergency situation as the problem developed over time, was open and obvious and the roof was not in jeopardy of collapse. Further, there are no quotes on file from any vendor offering a price to perform the work and although Supervisor Merlino stated he called three roofing companies for quotes, none are on file and the Supervisor states he does not recall who he called. Soliciting quotes would not have taken an unreasonable amount of time and should be done to assure competitive pricing and fair value for the work, while assuring transparency in open and honest government.
Failed to oversee overtime for Town employees: Supervisor Merlino’ s own statement and admission, that during his tenure as Supervisor ( over 15 years), the Supervisor has never reviewed overtime payroll in the Buildings and Grounds Department, despite approving payroll every two weeks during this same 15 years. During the five years from 2016-2020) the approximate overtime total in the buildings and grounds department exceeded 4,000 hours resulting in over$ 100, 000 in overtime payments. This failure to supervise and review payroll records resulted in excessive overtime which was not authorized by the Town Board. This is a complete failure to supervise, review and provide oversight on” overtime hours and wages” paid to Town Employees in the Buildings and Grounds department.
OVERTIME BENEFIT WITHOUT TOWN BOARD KNOWLEDGE OR APPROVAL
A 4- HOUR MINIMUM OVERTIME ( OT) BENEFIT ISSUED ON SATURDAY AND SUNDAY WITHOUT TOWN BOARD KNOWLEDGE OR APPROVAL:
Over the past few months, the Board discovered, by admission oftwo current Town Employees and one prior Town employee, that Supervisor Merlino authorized payment of a 4- hour minimum overtime pay commitment on weekends( Saturday and Sunday)— for employees in the Buildings and Grounds Department. This was authorized without Town Board knowledge or approval. Supervisor Merlino states he did not approve this and denies have any knowledge. Town employees state otherwise.
Thus, if an employee worked an hour of overtime on a Saturday or Sunday, the employee would be paid for 4 hours, all without Town Board approval or knowledge. The Supervisor denies authorizing this benefit, but the two Town employees and the prior Town employee stated otherwise. Regardless, the Supervisor certifies payroll and must oversee, review and audit payroll to assure that hours are actually worked by employees. Absent authority granted by the Town Board of Lake Luzerne, a 4-hour minimum cannot be authorized nor paid.
Note: 2021. The Town Board now oversees all overtime in Buildings and Grounds: Jan 1, 2021- May 31, 2021: Total overtime approximately 24 hours TOTAL in 2021.
Annual Totals( hrs.) for top 5 OT earners ( 2016- 2020)
2016: 874 hrs.
2017: 1074 hrs.
2018: 999 hrs.
2019: 817 hrs.
2020: 445 hrs. ( one ofthe top 5 only worked 6 mos. in 2020)
MAKING PAYMENTS ON DEBT OBLIGATIONS WITHOUT ANY SUPPORTING DOCUMENTATION
Making_payments on Town debt without supporting documentation: Currently there are 11 retired Town employees receiving payments for reimbursement for Medicare part” b” coverage, pursuant to Resolution# 17 of 2007. There have been many more than 11 retired employees over the past 14 years, but several have passed away. These
Reimbursement Payments” have been made without the Town requiring any documentation supporting the payment. Currently, payments are being made without supporting documentation in a current annual amount of over$ 12,000.00 with no supporting documentation to issue the checks. The payments made by the Town since 2007, pursuant to this resolution exceed $ 150,000.00.
The financial obligation and liability of the Town going forward is not reasonably ascertainable at this time due to the complete failure of documentation.
Employees working at the transfer station stated the supervisor instructed them( Town Employees at the transfer station to ” Fake Weigh” the Municipal Solid Waste of a property owner when they bring their MSW to the transfer station for disposal, thus not charging nor accounting for the MSW for this one particular property owner. This allegation was made, by one Town employee and confirmed by a separate Town employee.
In May of2020 Supervisor Purchased and Paid $ 1, 189.00 for flowers from a town employee. The supervisor purchased these flowers for the town without town board knowledge or approval. This was a violation ofthe town procurement policy. In November 2020 Supervisor ordered from that same Town Employee, flowers to be delivered to the Town in Spring of2021 at a cost of over $ 1, 000.00 This was a violation ofthe Town procurement policy.
Failed to manage and oversee the maintenance ofthe Town Water pumps at the water pumping station for the 16 years as supervisor. On April 12, 2021, Pump# 1 seized up and stopped working. It was then discovered there were no maintenance records for either pump# 1 or Pump# 2 over the twenty five years oftheir operation and service. This failure to maintain contributed to the failure ofPump# 1 on April 12, 2021, causing the necessity of an Emergency Executive Order Declaration to replace the pump causing a state of emergency within the town water system. The system operated on one remaining pump for two weeks, while waiting for the new replacement pump to be delivered and installed, This event could have resulted in a complete and catastrophic water system failure. This emergency resulted in higher expense due to the emergency status of the replacement order, with the total cost ofreplacement of both pumps exceeding $30,000. 00. This was a foreseeable and preventable event, with annual maintenance an inspection of both pumps and with the Town maintaining storage of a third replacement pump and motor in the Town pump house ready in the event of a failure.
Failure to document employee discipline of Town employees: By Supervisor Merlino’ s admission, he failed to properly supervise, monitor and oversee employee conduct and discipline during his tenure as Supervisor. The Supervisor failed to document files when he did discipline, suspend, terminate and/or compel an employee to leave or retire from Town employment or be terminated, while presenting an employee with a non-discloser agreement.
Retirement/Pension benefits: Supervisor Merlino asked Council Member/Deputy Supervisor Waterhouse and Attorney to the Town to prepare and pass legislation requiring the Town of Lake Luzerne to pay Supervisor Merlino a $1,000.00 per month payment for the rest of his life.
Alleged violation ofWater District rules and Policy: It is alleged by a former Town Employee that Supervisor Merlino waived compliance with Lake Luzerne Water District Rules and Regulations resulting in waiving of a substantial fee for the installation of a water main extension to a private property in violation of Lake Luzerne Water District Rules and regulations and did so without Town Board Approval or knowledge.
Accepting and filing real Property Deeds with the Town of Lake Luzerne as GRANTEE without Town Board Knowledge or Approval. ( ie. Lake Vanare Deed) creating liability issues and leaving unchecked since 2014. Currently being used as a beach for a private business.
Issued a check to Rockwell Falls— EMS in excess of$100,000.00 prior to receiving the required annual audit from EMS in violation of the Contractual Agreement.
NOW THEREFORE BE IT RSOLVED, as a consequence of the totality of failures and violations as outlined above, the Town Board enters this Vote of No Confidence in Supervisor Merlino and
FURTHER BE IT RESOLVED, all Town Board Members shall:
1 immediately be provided with keys to all municipal buildings, and offices therein, owned and/or operated by the Town of Lake Luzerne and ifthe Supervisor refuses to provide keys within 24 hours, the Deputy Supervisor is hereby authorized to retain the services of a bonded locksmith to re-key all the Town buildings and provide keys as required herein, and
2 Be allowed and provided with complete and immediate access to all Town property real and personal and access to all records maintained by the town; and
FURTHER BE IT RESOLVED:
3 Immediately, no town employee or elected official shall be allowed or permitted access in the Municipal Building (Town Hall portion of the building including the Clerk’ s office, the Supervisor’ s office, Bookkeepers office, Assessors office and ZEO office during the weekends (from 4: 00 pm Fridays to 9: 00 am Mondays), except in the event of an emergency or for scheduled Town Board Meetings, and
4 Deputy Supervisor Waterhouse is hereby authorized to have full and immediate access to Supervisor Merlino’ s office, office contents and office computer, to fully access Supervisor Merlino’ s office computer hard drive and email accounts used in the regular course of business of the Supervisor of the Town of Lake Luzerne, and
5 The Town Board shall deliver a copy of this Resolution to the New York State Comptroller’ s office with a Town Board request for an audit for the years 2016-2020 with a focus on overtime payroll and other undocumented expenses paid by the Town of Lake Luzerne.
In light of Mr. Merlino’ s failing health, we, the Town Board decided not to present this publicly but by our signatures below, respectfully request the NYS Comptroller’ s Office audit the items identified hereinabove in an audit form 2016— date.
Dan Waterhouse, Deputy Supervisor, Mike Fazio, Councilman, Dave O’ Neal Councilman , Paul Lewandowski, Councilman
STANLY GOLDBERG ASKED IF SUPERVISOR MERLINO IS STILL SUPERVISOR(YES) AND WHETHER HE WAS PRESENTED WITH THIS DOCUMENT (NO)
ATTORNEY ADVISED THAT THE STATE COMPTROLLER HAS TAKEN POSSESSION OF THE SUPERVISOR’ S COMPUTER AND SEVERAL FILES.
COUNCILMAN FAZIO – DISCUSSION WITH ASSESSOR MELISSA GENIER REGARDING THE TRENDS IN SELLING PROPERTY IN TOWN. IT IS A SELLER’ S MARKET FLOODED WITH MORE BUYERS THAN THERE IS INVENTORY FOR SALE, THEREFORE PARCELS ARE SELLING AT A MUCH HIGHER PRICE. THE ASSESSOR’ S OPINION IS THAT THE TOWN MAY WANT TO DO A REVALUATION IN THE NEXT FEW YEARS ALTHOUGH THE TOWN IS AT A UNIFORM 95% OF VALUE. ALL INDICATIONS ARE THAT IT WILL BE LOWER NEXT YEAR. A REVALUATION TAKES TWO YEARS TO DO CORRECTLY . IF THE TOWN IS INTERESTED IN THE PROCESS, THE ASSESSOR WILL REACH OUT TO OTHER TOWNS FOR NAMES AND REFERENCES OF COMPANIES THEY HAVE USED. IT IS COSTLY. THE ZONING OFFICER HAS PROVIDED THE ASSESSOR WITH 73 PERMITS FOR THE YEAR 2021. 46 ARE STILL OPEN. SOME ARE NEW CONSTRUCTION HOMES. 40 REMAINING OPEN PERMITS FROM 2020 OF 119 PERMITTED. PERMITS REMAIN OPEN UNTIL WORK IS 100 % COMPLETE.
COUNCILMAN O’ NEAL – FIRE DEPT AND EMS
FIRE DEPT HAS TAKEN OVER THE SANTA SPRINT FROM THE SCHOOL . IT IS NOW FIREMAN’ S SPRINT AND IS WORKING ON IT WITH THE LIONS CLUB. COIN DROP WILL BE AUGUST 21sT
IN JUNE THERE WERE 26 CALLS WITH TWO EMS ASSISTS.
TWO MUTUAL AID CALLS
THINKING ABOUT RESUMING FOOD SALES, POSSIBLY BREAKFAST OR CHICKEN BARBECUE.
DEPUTY SUPERVISOR ADVISED THAT THE AUDIT FOR THE EMS WAS RECEIVED AND THE CHECK HAS BEEN DELIVERED.
COUNCILMAN FAZIO COMPLIMENTED THE EMS — GREAT JOB — A LOAN IN THE AMOUNT OF $ 77,000 WAS FORGIVEN. THERE WERE 62 CALLS THAT WERE SPLIT EVEN BETWEEN WARREN AND SARATOGA COUNTIES. AVERAGE TIME IT TAKES TO GET OFF THE FLOOR WHEN A CALL COMES IN WAS 2.25 MINUTES (A NUMBER MONITORED BY THE COUNTY). 18 MINUTES TO ARRIVE ON SCENE. WAITING FOR PERMISSION TO HOLD EMT CLASS FROM MOUNTAIN LAKES.
THERE IS AN ISSUE WITH THE CURRENT FASNY CONTRACT WHICH THE TOWN MANAGES. THERE IS A CLAUSE IN THE CONTRACT PUT IN THERE BY BOTH SUPERVISORS MERLINO AND WRIGHT THAT THE BILLING COMPANY CANNOT GO AFTER RESIDENTS WHO CHOOSE NOT TO PAY THEIR CO-PAY OR THEIR DEDUCTIBLE.COUNCILMAN FAZIO WOULD LIKE TO GET THAT PROVISION REMOVED.
COUNCILMAN FAZIO AND WATERHOUSE — THE TOWN’ S WATER PURIFIER IS OFF WORK AT THIS TIME. TESTING IS BEING DONE BY A SUBSTITUTE FROM BOLTON LANDING. THE BOARD WILL WORK ON RE ALIGNING THE WATER DEPARTMENT.
THERE IS A MEETING TOMORROW WITH JEAGER AND FLYNN TO DISCUSS TOWN INSURANCE FOR NEXT YEAR.
OCCUPANCY TAX — FUNDS HAVE BEEN APPROVED. THERE IS STILL MONEY TO GIVE OUT.
COUNCILMAN LEWANDOWSKI— PARKS AND BEACHES. THERE IS A BIG PROBLEM WITH GEESE. DEC CAN PERMIT FOR EUTHANASIA. TOWN DOES NOT WANT TO DO THAT. GEESE CAN CAUSE HEALTH PROBLEMS. THE BEACHES ARE BEING CLEANED OF DROPPINGS TWICE A WEEK.
COUNCILMAN FAZIO— MELISSA REPORTS NO ISSUES WITH THE COURT. LAST PROTOCOL STILL AT 50% CAPACITY. ALL PERSONS VACCINATED NO LONGER NEED TO WEAR A MASK. THE NEWLY HIRED CLEANER FOR THE BUILDIN IS WORKING OUT VERY WELL.
THE INITIAL AGREEMENT WITH WEBSITE MANAGER WILL BE UP IN THREE WEEKS. DEPUTY SUPERVISOR ASKED THE BOARD TO THINK ABOUT HER PROPOSAL FOR ANOTHER WEEK.
SECURITY – HIRED EDMUNDS GOVTECH TO PROVIDE BACK UP OF THE SERVER.
TOWN CLERK REPORT:
NYMIR INSURANCE PROVIDED A CHECK TO THE TOWN IN THE AMOUNT OF 6,864.00 BY WAY OF THEIR PROGRAM THAT PROVIDES FOR A MEMBERS INITIAL CAPITAL CONTRIBUTION BE RETURNED WITH INTEREST MADE BY EACH MEMBER WHEN JOINING NYMIR, THIS TO DEMONSTRATE THE FINANCIAL STRENGTH OF NYMIR
GAVE BOARD MEMBERS THE ANIMAL CONTROL OFFICER REPORT FOR JUNE,
GAVE BOARD MEMBERS THE ZONING REPORT FOR JULY:
Zoning Report to Town Board for JULY 2021
August 2, 2021
11 Permits issued in July- 2021- 63 through 73– last year-to- date 57
APA Correspondence—** Nonjurisdictional letter for fencing, parcel no. 312.20- 1- 19, Pleasant View Dr.
Jurisdictional letter for subdivision, parcel no. 292.4-43, Howe Rd.
Nonjurisdictional letter for a porch addition, parcel no. 292. 8- 1- 29, Lake Ave.
Zoning Board of Appeals Meeting-July 8, 2021
AT& T Variance revisions—set new Public Hearing- 2020AV-7 for July 22 ( special meeting) New application—Cassandra Morin, 34 Lake Ave., Tax Map. 292. 8- 1- 29, front yard setback- 2021AV- 3— accepted and public hearing set for August 8, 2021
Zoning Board of Appeals Special Meeting July 22,2021
Public Hearing regarding Area Variance for AT&T cell tower—decision tabled until regular meeting on August 8, 2021
Planning Board Meeting—July 28, 2021
Review Revisions of SU/ SP2020- 7, Applicant: AT& T Mobility Group, 60 Hall Hill Rd., parcel no. 286.- 1- 20. 1, set new public hearing date and time—August 11, 2021 at 7: 00 p. m. Combination of 2 lots: parcel no. 286. 14- 1- 49& 50, owner: William Tracy, Forest Lake Rd.- approved
Violations and/or Complaints—nothing new
READ CARD FROM BEARTOWN ROAD RESIDENTS COMPLIMENTING THE HIGHWAY CREW.
NYS DOH BATHING BEACH REPORT INSPECTION SUMMARY FOUND NO HAZARDS OR VIOLATIONS,
NYS AG AND MARKETS MUNICIPAL SHELTER INSPECTION REPORT FOR JULY IS SATISFACTORY.
RECEIVED REQUEST TO BE ON THE PLANNING BOARD FROM JASON TYLER.
DISTRIBUTED MONTHLY FINANCIAL REPORT TO THE SUPERVISOR FOR JULY WITH TOTAL SHARES REMITTED IN THE AMOUNT OF $ 8, 685. 55. AND DEC COMMISSIONS OF $ 12. 25.
LETTERS OF INTEREST HAVE BEEN RECEIVED FOR THE COMMITTEE ON COMPREHENSIVE PLAN UPDATE
RECEIVED A REQUEST TO USE THE AREA BEHIND THE HARMON HOUSE FOR A WEDDING SITE WITH CATERED DINNER.
REMINDED THE BOARD THAT THE ISSUE RAISED BY A RESIDENT IN HUDSON GROVE IS STILL OUTSTANDING. HIGHWAY SUPT DEUEL SAID THE WATER VALVE IS TURNED OFF. CLERK WILL SEND A LETTER ASKING FOR SUPPORTING DOCUMENTATION.
HIGHWAY SUPT RON DEUEL REPORT
HAS A $ 4,000 QUOTE FOR A 6 INCH LINE TO REPLACE A HYDRANT UP NORTH. COMPANY WILL PUT A SADDLE OVER IT AND INFLATE A BALLOON INSIDE. THAT WAY THERE IS NO INTERRUPTION OF SERVICE NORTH. QUOTE INCLUDES STAINLESS STEEL PINNING. HAVEN’ T FOUND ANOTHER COMPANY IN THE AREA. THE QUOTE IS FROM SELKIRK. . A VALVE WILL BE INSTALLED ON THIS LINE. THAT WAY A LINE CAN BE SHUT DOWN AND THE DOH IS NOT INVOLVED. FITTING IS $600 – 700 DOLLARS,
3 NEW TAPS ARE LINED UP TO DO.
FINISH WORK ON SCOFIELD RD
BRUSHING ON TOP OF LUZERNE MOUNTAIN ROAD.
DEPUTY SUPERVISOR WATERHOUSE – FIXED WATER RUNNING OUT OF BATHHOUSE AT THE BEACH WHICH TURNED OUT TO BE URINAL STUCK OPEN, NO SHUT OFFS ON THE LINES. SEPTIC TANK IS FULL AND WILL BE PUMPED OUT. TANK AT PIERRPONT BEACH IS NST OUTSIDE BATH HOUSE DOOR,
TREE FELL ON ELECTRIC SERVICE IN MILL PARK AT THE MUSEUM. WILL BE REPAIRED THURSDAY
OPEN SPACE INSTITUTE WANTS TO GIVE BACK THE PROPERTY AROUND THE FOLK SCHOOL BACK TO THE TOWN( PER CONVERSATION WITH FOLK SCHOOL) BOARD NEEDS TO HAVE WORKSHOP
DISCUSSION OF REFINANCING BOND ON THE HIGHWAY GARAGE THAT COULD SAVE$ 47,000 PR YR. AND PAYING OFF GARBAGE TRUCK TO SAVE 2. 5% ON THE LAST $50,000.
WOULD LIKE TO SEE PROPOSALS FROM HIGHWAY SUPT REGARDING INFRASTRUCTURE ISSUES AS THE TOWN HAS RECEIVED FUNDS FROM AMERICAN RESCUE ACT.
AUGUST 16TH WILL MEET WITH HADLEY SUPERVISOR WRIGHT REGARDING THE BRIDGE OF HOPE. WARNING SIGNS HAVE BEEN PUT ON THE BRIDGE BY SARATOGA COUNTY.
COUNCILMAN FAZIO THANKED COUNCILMAN O’ NEAL FOR READING THE RESOLUTION OF NO CONFIDENCE IN SUPERVISOR MERLINO. , REALIZES THAT SOME PEOPLE AROUND TOWN ARE UPSET BUT HE FEELS IT WAS THE RIGHT THING TO DO.
COUNCILMAN LEWANDOWSKI- THE BOARD IS TRYING TO BE TRANSPARENT. ISSUES NEED TO BE TAKEN CARE OF.
COUNCILMAN O’ NEAL- IT IS OUR RESPONSIBILITY TO LOOK OUT FOR YOUR BEST INTERESTS, WE HAVE A GREAT COMMUNITY,
COUNCILMAN WATERHOUSE- I HAVE BEEN WITH GENE A LONG TIME AND I REALLY DO LIKE THE MAN. HE IS A GOOD MAN. HE KEPT OUR TAXES LOW. I BLAME MYSELF THAT FOR 15 YEARS I SAT ON MY HANDS AND DIDN’ T KNOW WHAT MY JOB WAS. GLENN PULLED US OUT OF THAT AND CHANGED THE COURSE OF LAKE LUZERNE BY ACCUSING ME OF NOT KNOWING MY JOB. THIS HAS BEEN DIFFICULT. GENE HAS BEEN GOOD FRIEND TO ME, BUT ITS TIME TO MOVE FORWARD IN THE RIGHT DIRECTION.
THE COMPTROLLER’ S OFFICE IS AUDITING THE TOWN SO FROM THIS POINT FORWARD WE WILL NOT BE TALKING ABOUT THIS. THERE WILL BE A REPORT AT THE END WITH RECOMMENDATIONS OF WHAT WE HAVE TO DO TO RIGHT THE SHIP. WHEN THE ISSUE OF THE BOAT CAME UP, COUNCILMAN FAZIO CALLED THE COMPANY AND ASKED WHERE THE BOAT CAME FROM. THEIR REPLY WAS THAT” WE DON’ T KEEP GOOD RECORDS SO WE PROBABLY DON’ T HAVE THEM, ” QUESTIONS COULD HAVE BEEN ASKED IF THE BOAT ISSUE HAD BEEN TAKEN TO THE BOARD.
FLOOR OPEN TO THE PUBLIC
JULIE BRINO- VANARE LANE- DISCUSSION OF DEEDED BEACH RIGHTS AT THE KASTNER MOTEL PROPERTY. KASTNER PURCHASE GOES BACK TO THE 30′ S. WHICH LANDLOCKED A BEACH THAT BELONGS TO THE TOWN. THERE IS NO ACCESS. PUBLIC CAN’ T CROSS HIS PRIVATE PROPERTY TO GET TO THAT BEACH. TOWN BOARD IS RESEARCHING THE DEEDS, ACCESS, ETC.
ALSO DITCHES ARE NOT BEING MAINTAINED. HIGHWAY SUPT WILL TAKE A LOOK AT THE DITCHES, DEPUTY SUPERVISOR EXPLAINED THAT THE BOARD IS LOOKING AT ALL THE TOWN PROPERTIES. WHERE THEY ARE AND WHAT USED FOR AND WHETHER SOME WOULD BE BEST BACK ON THE TAX ROLLS.
PAM PETTEYS – THANKED HIGHWAY SUPT AND THE WHOLE TOWN EMPLOYEES AND SURROUNDING TOWNS FOR DOING AN AWESOME JOB ON SCOFIELD ROAD,
ASKED COUNCILMAN FAZIO IF HE HAS TO RUN IN NOV ELECTION. (YES) THE PREVIOUS TOWN BOARD SHOULD BE ASHAMED OF THEMSELVES. THE RESOLUTIONS ARE WRITTEN BY THE ATTORNEY.
VERY DISGUSTED TO HEAR YOU DOING THIS TO SUPERVISOR MERLINO.
DEPUTY SUPERVISOR- IF WE DON’ T, WE ARE CULPABLE AND GUILTY AS HE IS. PAM- WELL YOU ALREADY ARE. YOU’VE BEEN ON THE BOARD FOR SO LONG. COUNCILMAN O’ NEAL- THE PREVIOUS ATTORNEY WAS REPLACED. COUNCILMAN LEWANDOWSKI- WAS ON THE BOARD FOR MONTHS BEFORE DECISIONS MADE BY MR. MERLINO POPPED OUT, THEN MORE AND MORE CAME FROM PEOPLE FROM THE AUDIENCE.
PAM- I COME TO THE MEETINGS AND KNOW WHAT GOES ON. I TRIED TO GET ON THE BOARD AND HAVE DONE A LOT FOR THE TOWN. INTERVIEWS WERE CONDUCTED. PEOPLE DON’ T REALIZE WHAT HAPPENED.
COUNCILMAN LEWANDOWSKI- SAID HE DID NOT SUPPORT APPOINTING PAM BECAUSE SHE HAD CHANGED HER POLITICAL PARTY( FOR NOW).
GLENN SHIEL – SPEAKING ABOUT MR. MERLINO. FINDS A LOT OF INACCURATE INFORMATION. HOW MONEY WAS SPENT. MR. MER INO JUST ABOUT RE-BUILT THIS TOWN. THE BUILDINGS AND GROUNDS DEPARTMENT JUST ABOUT RE BUILT EVERY BUILDING IN THE TOWN WITH ABOUT 3/ 4 MILE OF SIDEWALKS. RECOUNTED BEING AT COUNCILMAN WATERHOUSES’ MOTHER’ S HOUSE UNTIL 1: 00 A.M. TRYING TO STOP FLOOD WATERS. THIS WENT ON THROUGH ALL THE EVENTS WE HAD. SO YOU PICK HIM APART FOR OVERTIME. MR. MERLINO COMPENSATED US FOR OUR HARD WORK. QUESTIONED RECENT PROCEDURES WITH THE TOWN WELLS. FOILED DOCUMENTS SHOWING EVERYONE WHO WAS PAID . ROB AND TERRY FROM THE HIGHWAY DEPT SHOWS TIME SHEETS THERE IS 40 HOURS AND ON THE OTHER SIDE THEY HAVE 8, 8, 8 AND 1/ 2 HOURS OVER, HOW WERE THEY PAID? THE ATTORNEY WAS THERE . WERE THEY PAID IN THERE. COMP TIME? THEY WERE COMPED 8 1/ 2 HRS. NO OVERTIME. WHY WAS GENE SCOFIELD THERE? DEPUTY SUPERVISOR SAID HE WORKED FOR AYERS. GLENN SAID HE DOESN’ T WORK FOR AYERS . HE WORKS FOR YOU PRIVATELY. SO YOU DON’ T FIND IT ODD THAT YOU ARE BEATING ON MR. MERLINO FOR HIRING HIS FRIEND BUT YOU CAN?.
I WORKED 14 YEARS WITH MR MERLINO. IN MY LIFE WATCHING THE TOWN OF LAKE LUZERNE, THERE IS NO MAN THAT PUT HIS HEART AND SOUL AND HIS LIFE IN THIS TOWN. I BEAT HIM UP BECAUSE THERE WERE THINGS THAT HAPPENED TO ME THAT WERE UNFAIR AND YOU WERE PART OF THAT.
RAYL ZUBAL- DOES THE HEALTH INSURANCE COVER PART TIME EMPLOYEES. HAS THE INSURANCE COMPANY EVER NOTIFIED THE TOWN BOARD THAT THEY NO LONGER COVER PART TIME EMPLOYEES.
DEPUTY SUPERVISOR- NOT THAT I AM AWARE OF. I HAVE HEALTH INSUANCE BENEFITS BY RESOLUTION OF THE TOWN BOARD. THE DEPUTY SUPERVISOR HAS HEALTH INSURANCE.
GLENN SHIEL- YOU NST SAID YOU WERE NOT DEPUTY SUPERVISOR WHEN YOU RECEIVED THAT BENEFIT.
DEPUTY SUPERVISOR- WHEN I CAME ON THE BOARD EVERY BOARD HAD IT. MARK, TOM AND YOUR FATHER HAD IT. IT WAS TAKEN AWAY AT ONE POINT BUT THE DEPUTY SUPERVISOR HAD IT BY RESOLUTION OF THE BOARD.
DONNA COVELL- THOUGHT THERE WAS SOMETHING PASSED THAT PEOPLE CANNOT USE RV ON PROPERTY WITHIN THE TOWN. WHEELS OFF OR TONGUE REMOVED. AT 44 BAY THERE IS AN RV SET UP FOR USE.
RILEY- SHERMAN ROAD- WHERE DOES THE TOWN STAND ON THE SPECIAL MEETING THAT WAS HELD. THE MINUTES DO NOT SHOW A TRANSCRIPT, WHAT THE OUTCOME IS GOING TO BE . MR. O’ CONNOR SAID HE REQUESTED COPIES OF
THE TRANSCRIPT SO HE CAN FILE WITH THE COURT TO FIGHT THIS THING AND HAS NOT RECEIVED THEM.
TOWN CLERK ADVISED THAT MS. BARBER PICKED UP THE TAPE FOR MR. O’ CONNOR.
RILEY- AFTER 1987, WHEN MR. BENNETT WAS SUPERVISOR AND MR. PODWIRNY WAS HIGHWAY SUPT., THE TOWN PAID JAYS TRUCKING FROM CORINTH TO COME IN AND REBUILD THE ROAD TO WHERE THE TREE IS PAINTED WITH BLUE SPRAY PAINT. THE ROAD HAS BEEN MAINTAINED ON AND OFF OVER THE YEARS BY THE HIGHWAY DEPT. WHEN IT WAS NEEDED OR REQUESTED. NOT FOR PLOWING OR BLACKTOP, NOT EVERY YEAR, JUST TO KEEP IT PASSSIBLE. IF THAT’ S THE CASE AND THAT PRECEDENT WAS SET WHY IS IT NOW AN ISSUE.
COUNCILMAN LEWANDOWSKI- DO YOU KNOW OF ANY RESOLUTIONS?
RILEY- IT IS NOT A TOWN ROAD. COUNTY RECORDS SAY A STAGECOACH ROAD, G TRAIL, WHATEVER. A GOOGLE STREETVIEW MAP SHOWS SHERMAN ROAD TO WHERE THE TREE IS PAINTED. THE ATTORNEY ASKED HOW MANY YEARS HAVE YOU USED THAT ROAD, WAS IT EVER BLOCKED? HE WAS NEVER DENIED ACCESS ON THE ROAD.
RILEY- THERE IS A THING IN STATE LAW CAUSED EASEMENT BY NECESSITY WHERE THE LANDOWNER CANNOT BLOCK YOU FROM GETTING TO YOUR PROPERTY. EMERGENCY SERVICES CAN’ T GET TO US.
DEPUTY SUPERVISOR- I THINK THAT’ S WHY IT NEEDS TO END IN THE COURT. WE ARE NOT HERE TO MAKE THAT DECISION.
ATTORNEY MITCHELL DISCUSSED RESEARCH DONE BY FORMER ATTORNEY FOR THE TOWN DAVID KROGMANN REGARDING SHERMAN ROAD.
JACK HERRING- REGARDING EMS SALARIES. RECALLS THAT IT WAS STATED THEY ARE AMONG THE LOWEST IN THE COUNTY. BELIEVES THAT THEY ARE DESERVING OF MORE MONEY.
COUNCILMAN FAZIO- WE ARE LOSING EMTS AND PARAMEDICS BECAUSE SURROUNDING COMMUNITIES PAY MORE MONEY . BUDGETS HAVE BEEN SUBMITTED TO THE TOWN AND EVERYTHING GOT STRIPPED OUT AND IT WAS THE SAME EVERY YEAR AND WAS TOLD THERE WAS NO MONEY AND TO KEEP IT FLAT. NO EMERGENCY FUNDS FOR EQUIPMENT. THEY HAVE WORKED ON AUSTERITY.
HERRING BELIEVES THERE COULD BE MORE SUPPORT. COUNCILMAN FAZIO AND THE BOARD AGREED.