TOWN OF LAKE LUZERNE
SPECIAL TOWN BOARD MEETING
NOVEMBER 23, 2021
PUBLIC HEARING- HIGHWAY SALARY
SUPERVISOR MERLINO CALLED PUBLIC HEARING TO ORDER AT 6 PM WITH THE FOLLOWING MEMBERS PRESENT: COUNCILMAN WATERHOUSE, COUNCILMAN LEWANDOWSKI, COUNCILMAN O’ NEAL, COUNCILMAN FAZIO, ATTORNEY FOR THE TOWN MICHAEL CROWE, ESQ.
PUBLIC HEARING OPENED AT 6: 00 PM
THE PURPOSE OF THE PUBLIC HEARING IS TO CHANGE THE PUBLISHED SALARY OF RON DEUEL TO A CORRECTED AMOUNT OF $ 58,401. 00.
WITH NO PUBLIC COMMENT, HEARING CLOSED AT 6: 03 UPON A MOTION BY COUNCILMAN WATERHOUSE, SECONDED BY COUNCILMAN LEWANDOWSKI. ALL IN FAVOR AYE, CARRIED 5- 0.
ATTORNEY CROWE: ADVISED THE TOWN BOARD THAT SINCE THERE IS AN ACTION AND IT IS AN UNLISTED SEQR ACTION THE BOARD HAS TO RUN THROUGH THE SEQR CRITERIA. THE PROPOSED ACTION ONLY INVOLVES LEGISLATIVE ADOPTION OF A LOCAL LAW, PART 2 WAS READ BY ATTORNEY AS TO ANY IMPACT THERE COULD BE:
- WILL THE PROPOSED ACTION CREATE A MATERIAL CONFLICT WITH AN ADOPTED LAND USE PLAN OR ZONING REGULATIONS. NO
- WILL THE PROSED ACTION RESULT IN A CHANGE IN THE USE OR INTENSITY OF USE OF LAND. NO
- WILL THE PROPOSED ACTION IMPAIR THE CHARACTER OR QUALITY OF THE EXISTING COMMUNITY. NO
- WILL THE PROPOSED ACTION HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTIC S THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA. NO
- WILL THE PROPOSED ACTION RESULT IN AN ADVERSE CHANGE IN THE EXISTING LEVEL OF TRAFFIC OR AFFECT EXISTING INFRASTRUCTURE FOR MASS TRANSIT, BIKING OR WALKWAY. NO
- WILL THE PROPOSED ACTION CAUSE AN INCREASE IN THE USE OF ENERGY AND IT FAILS TO INCORPORATE REASONABLY AVAILABLE ENERGY CONSERVATION OR RENEWABLE ENERGY OPPORTUNITIES. NO
- WILL THE PROPOSED ACTION IMPACT EXISTING: A PUBLIC/PRIVATE WATER SUPPLIES. NO OR PUBLIC/ PRIVATE WASTEWATER TREATMENT UTILITIES. NO
- WILL THE PROPOSED ACTION IMPAIR THE CHARACTER OR QUALITY OF IMPORTANT HISTORIC, ARCHAEOLOGICAL, ARCHITECTURAL OR AESTHETIC RESOURCES. NO
- WILL THE PROPOSED ACTION RESULT IN AN ADVERSE CHANGE TO NATURAL RESOURCES ( E.G. WETLANDS, WATERBODIES, GROUNDWATER, AIR QUALITY, FLORA AND FAUNA. NO
- WILL THE PROPOSED ACTION RESULT IN AN INCREASE IN THE POTENTIAL FOR EROSION, FLOODING OR DRAINAGE PROBLEMS. NO
- WILL THE PROPOSED ACTION CREATE A HAZARD TO ENVIRONMENTAL RESOURCES OR HUMAN HEALTH. NO.
ATTORNEY CROWE EXPLAINED THAT IT WOULD BE MORE TYPICAL TO SEE A SEQR REVIEW AT PLANNING OR ZONING BOARD OF APPEALS WHERE THEY WOULD TAKE AN ACTION THAT WOULD INVOKE ISSUES OF SEQR OR TO AMEND THE ZONING ORDINANCE. A CHANGE IN A LOCAL LAW IS AN ACTION THAT INVOKES SEQR DEPENDING ON WHAT YOU ARE DOING AND FOR EXAMPLE IF YOU CHANGE THE SEPTIC LAW OR SOLAR REGULATIONS. THOSE MAY HAVE IMPLICATIONS THAT WOULD COME UP.
BECAUSE WE ARE TAKING AN ACTION, THE TOWN IS THE LEAD AGENCY FOR THIS LOCAL LAW AND SO WE HAVE TO RUN THROUGH IT EVEN THOUGH IT IS NOT APPLICABLE TO CORRECTING A TYPO IN THE BUDGET , IT IS PUTTING A CHECK IN THE BOX SO SOMEBODY DOESN’ T SAY YOU PASSED A LOCAL LAW BUT YOU DIDN’ T USE SEQR.
KAREN PUTNEY ADVISED THERE IS A COURSE ONLINE FOR SEQR. KAREN PUTNEY READ THE RESOLUTION TO ADOPT THE LOCAL LAW 2 OF 2121.
RESOLUTION 176 OF 2021 – INTRODUCED BY COUNCILMAN O’ NEAL SECONDED BY COUNCILMAN LEWANDOWSKI
RESOLUTION ADOPTING A LOCAL LAW TO INCREASE SALARY OF TOWN HIGHWAY SUPERINTENDENT
WHEREAS, PURSUANT TO TOWN LAW. SECTION 27, A TOWN MAY INCREASE THE SALARY OF AN ELECTED OFFICIAL IN EXCESS OF THE AMOUNT SPECIFIED IN THE NOTICE OF PUBLIC HEARING BY ADOPTING A LOCAL LAW SUBJECT TO PERMISSIVE REFERENDUM, AND
WHEREAS, THE NOTICE OF PUBLIC HEARING CONCERNING THE 2022 PRELIMINARY BUDGET INCLUDED A CLERICAL ERROR WITH RESPECT TO THE SALARY OF THE HIGHWAY SUPERINTENDENT; AND
WHEREAS, THE TOWN BOARD SCHEDULED A PUBLIC HEARING TO BE HELD ON NOVEMBER 23, 2021 AT 6 PM UN THE OFFICES OF THE TOWN OF LAKE LUZERNE, 539 LAKE AVENUE LAKE LUZERNE NEW YORK AND CONDUCTED REMOTELY VIA ZOOM, TO HEAR ALL INTERESTED PARTIES REGARDING THE ADOPTION OF THE PROPOSED LOCAL LAW; AND
WHEREAS, SAID NOTICE OF PUBLIC HEARING WAS DULY POSTED AND THEN PUBLISHED IN THE POST STAR, THE OFFICIAL NEWSPAPER OF THE TOWN OF LAKE LUZERNE PURSUANT TO AND IN CONFORMANCE WITH SECTION 20 OF THE MUNICIPAL HOME RULE LAW; AND
WHEREAS SAID PUBLIC HEARING WAS DULY HELD AND ALL PARTIES IN ATTENDANCE WERE PERMITTED AN OPPORTUNITY TO SPEAK ON BEHALF OF OR IN OPPOSITION TO THE PROPOSED LOCAL LAW.
NOW THEREFORE BE IT RESOLVED BY THE TOWN BOARD OF LAKE LUZERNE AS FOLLOWS:
SECTION 1. THE TOWN BOARD FINDS THAT THE PROPOSED LOCAL LAW INCREASING THE SALARY OF THE HIGHWAY SUPERINTENDENT FOR FISCAL YEAR 2022 TO THE ANNUAL SALARY OF $58,401. 00 PURSUANT TO TOWN LAW SECTION 27 IS IN THE BEST INTERESTS OF THE TOWN.
SECTION 2 THE PROPOSED LOCAL LAW, COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF, IS HEREBY ADOPTED.
SECTION 3. THE ADOPTION OF THIS LOCAL LAW SHALL BE SUBJECT TO PERMISSIVE REFERENDUM IN ACCORDANCE WITH ARTICLE 7 OF THE TOWN LAW.
SECTION 4. THE LAW SHALL TAKE EFFECT IMMEDIATELY UPON ITS FILING IN THE OFFICE OF THE SECRETARY OF STATE.
ROLL CALL VOTE: COUNCILMAN WATERHOUSE, AYE, COUNCILMAN LEWANDOWSKI, AYE, COUNCILMAN O’ NEAL, AYE, COUNCILMAN FAZIO, AYE, SUPERVISOR MERLINO, AYE. CARRIED 5- 0.
A LOCAL LAW TO INCREASE THE SALARY OF THE HIGHWAY SUPERINTENDENT FOR FISCAL YEAR 2022
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF LAKE LUZERNE, AS FOLLOWS:
SECTION 1. LEGISLATIVE INTENT: IT IS THE INTENT OF THIS LOCAL LAW TO INCREASE THE SALARY OF THE HIGHWAY SUPERINTENDENT IN EXCESS OF THE AMOUNT SPECIFIED IN THE NOTICE OF THE PUBLIC HEARING ON THE PRELIMINARY BUDGET. THE NOTICE ERRONEOUSLY SPECIFIED THE INCORRECT SALARY.
SECTION 2. AUTHORITY: THIS LOCAL LAW IS ADOPTED PURSUANT TO SECTION 27 OF THE TOWN LAW.
SECTION 3. HIGHWAY SUPERINTENDENT SALARY : THE TOWN BOARD OF TOWN OF LAKE LUZERNE, COUNTY OF WARREN ,IS HEREBY AUTHORIZED TO INCREASE THE SALARY OF THE HIGHWAY SUPERINTENDENT FOR FISCAL YEAR 2022 TO FIFTY EIGHT THOUSAND FOUR HUNDRED ONE DOLLARS ($ 58,401. 00).
SECTION 4. SEVERABILITY: IF ANY CLAUSE, SENTENCE PARAGRAPH, SUBDIVISION, OR PART OF THIS LOCAL LAW OR THE APPLICATION THEREOF TO ANY PERSON, FIRM OR CORPORATION, OR CIRCUMSTANCE, SHALL BE ADJUSTED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID OR UNCONSTITUTIONAL, SUCH ORDER OR JUDGMENT SHALL NOT AFFECT, IMPAIR, OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE, SENTENCE PARAGRAPH, SUBDIVISION, OR PART OF THIS LOCAL LAW OR IN ITS APPLICATION TO THE PERSON, INDIVIDUAL, FIRM OR CORPORATION OR CIRCUMSTANCE, DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT OR ORDER SHALL BE RENDERED.
SECTION 5. EFFECTIVE DATE: THIS LOCAL LAW SHALL TAKE EFFECT IMMEDIATELY UPON FILING WITH THE SECRETARY OF STATE.
HIGHWAY SUPERINTENDENT DEUEL ASKED THE BOARD IF HE COULD GET APPROVAL FOR THE BRINE MAKER TO GET PUT OUT. THE BOARD SAID TO PUT IT ON THE AGENDA FOR THE DECEMBER MEETING .
MEETING ADJOURNED AT 6: 15 UPON A MOTION BY COUNCILMAN O’ NEAL, SECONDED BY COUNCILMAN LEWANDOWSKI, ALL IN FAVOR AYE.