TOWN OF LAKE LUZERNE
REGULAR TOWN BOARD MEETING
NOVEMBER 8, 2021
SUPERVISOR CALLED MEETING TO ORDER WITH THE FOLLOWING MEMBERS PRESENT: COUNCILMAN O’ NEAL, COUNCILMAN LEWANDOWSKI, COUNCILMAN FAZIO, COUNCILMAN WATERHOUSE. ALSO PRESENT: DEPUTY SUPERVISOR PETTEYS, HIGHWAY SUPT. RON DEUEL AND DEPUTY HIGHWAY SUPT. LOGAN BROOKS.
FLOOR OPEN TO PUBLIC ON RESOLUTIONS
COREY WALSH NYS DEC. DISCUSSION REGARDING NYS CAMPGROUND LOCATED ON ROUTE 9N CONNECTING TO THE LAKE LUZERNE WATER DISTRICT. THE DEC SUBMITTED THEIR REQUEST AND HAS WORKED WITH WATER SUPT. RON DEUEL. AN AGREEMENT WITH DEC WAS REQUESTED IN THAT THE STATE WILL BE RESPONSIBLE FOR ALL EXPENSES. THAT AGREEMENT HAS BEEN CREATED AND IS UNDER REVIEW WITH DEC. ONCE APPROVED, IT WILL BE PROVIDED TO THE TOWN. THERE WILL NO CHARGES TO THE TOWN FOR ANY WORK UNDER ROUTE 9N. THE STATE PAYS FOR EVERYTHING. THIS WORK WILL LIKELY BEGIN IN THE SPRING.
HIGHWAY SUPT. – A TWO INCH LINE WILL BE PUT UNDER THE ROAD CONNECT THE OTHER SIDE AND THE METER WILL BE OVER THERE. HYDRANT WILL BE ON HARRIS GROCERY SIDE. IF ANYTHING HAPPENS UNDERNEATH THE ROAD, NYS IS RESPONSIBLE. SERVICE IS ALWAYS ON THE SIDE NEAREST THE PROPERTY.
HOWARD SCHAFFER- INFRASTRUCTURE PLAN. IS THE TOWN LOOKING TO PROACTIVELY COLLECT A PIECE OF THAT MONEY .
SUPERVISOR MERLINO – TRACY CLOTHIER HAS SENT LETTERS TO PUBLIC OFFICIALS ASKING FOR SUPPORT FOR GRANT PROJECTS PER THAT PLAN.
LEGISLATION:
RESOLUTION 160 OF 2021 INTRODUCED BY COUNCILMAN LEWANDOWSKI SECONDED BY COUNCILMAN O’ NEAL
AUTHORIZING PAYMENT OF MONTHLY VOUCHERS OF THE 11TH ABSTRACT FOR NOVEMBER AS FILED IN THE OFFICE OF THE TOWN CLERK, LAKE LUZERNE AS FOLLOWS:
General Fund 27905- 27947
27990-27991 25, 948.47
Highway Fund 27948- 27978 100,935. 39
SWI Water 27979-27985 3, 759.50 Trust& Agency 27989 3, 762.50
NOW, THEREFORE, BE IT RESOLVED THE SUPERVISOR IS HEREBY AUTHORIZED TO PAY THE MONTHLY VOUCHERS APPROVED AND IDENTIFIED HEREINABOVE, FROM THE 11TH ABSTRACT FOR NOVEMBER 2021 ALL IN FAVOR,AYE, NONE OPPOSED, CARRIED 5- 0.
Resolution 161 of 2021 —Introduced by Councilman Waterhouse
Seconded by Councilman Lewandowski
Resolution Authorizing Renewal of Employee Health Insurance Plan
WHEREAS, the Town Board ofLake Luzerne has reviewed options for health insurance plans for covered Town Employees; and
WHEREAS, the Town Board of Lake Luzerne has determined that it is in the best interests ofthe Town to renew the current plan offered by MAGER AND FLYNN.
NOW, THEREFORE, BE IT RESOLVED, in accordance with and pursuant to Resolution 161 of 2021 the Supervisor is hereby authorized to take the necessary actions to renew the current employee health insurance plan. ALL IN FAVOR, AYE, NONE OPPOSED, CARRIED 5- 0.
Resolution 162 of 2021— Introduced by Councilman O’ Neal
Seconded by Supervisor Merlino
Resolution Authorizing Reimbursement from Warren County for Youth Recreational Activities.
WHEREAS, the Town of Lake Luzerne has and will continue to provide youth recreational programs within the Town during calendar year 2021; and
WHEREAS, the Town has sought reimbursement from Warren County for One Thousand Six Hundred Twenty-Five Dollars ($1, 625) for the implementation of said youth recreation programs; and
WHEREAS, Warren County has agreed to reimburse the Town the amount of One Thousand Six Hundred Twenty-Five Dollars($ 1, 625) within thirty days from submission of a voucher from the Town.
NOW, THEREFORE, BE IT RESOLVED, in accordance with and pursuant to Resolution 162 of
2021 the Supervisor is hereby authorized to take the necessary actions to sign the Warren County Reimbursement Agreement and submit a voucher for reimbursement in the amount ofOne Thousand Six Hundred Twenty-Five Dollars($ 1, 625). ALL IN FAVOR, AYE, NONE OPPOSED, CARRIED 5- 0.
Resolution 163 of 2021 —Introduced by Councilman Waterhouse
Seconded by Councilman Lewandowski
Resolution Authorizing Supervisor Merlino to Renew Agreement with Countryside Veterinary Practice.
WHEREAS, the Town of Lake Luzerne has an existing Agreement with Countryside Veterinary Practice to provide services pursuant to Article 7 ofthe Agriculture and Markets Law; and
WHEREAS, the Agreement between the Town and Countryside Veterinary Practice will expire on December 31, 2021; and
WHEREAS, Countryside Veterinary Practice has provided the Town with a summary of the 2022 fee schedule; and
WHEREAS, the Town desires to continue to use the services of Countryside Veterinary Practice through the calendar year 2022;
NOW, THEREFORE, BE IT RESOLVED, in accordance with and pursuant to Resolution 163 of 2021 the Supervisor is hereby authorized to take the necessary actions to enter into an Agreement with Countryside Veterinary Practice to provide services to the Town pursuant to Article 7 ofthe Agriculture and Markets Law for the calendar year 2022. DISCUSSION, NEW TO THIS AGREEMENT IS A$250 ADMINISTRATION FEE TO THE TOWN. OTHER FEES ARE ASSESSED TO A DOG OWNER AS REQUIRED. ALL IN FAVOR, AYE, NONE OPPOSED, CARRIED 5- 0.
Resolution 164 of 2021 —Introduced by Councilman Lewandowski
Seconded by Councilman O’ Neal
Resolution Authorizing Supervisor Merlino to Renew Agreement with Mountain Medical Services.
WHEREAS, the Town of Lake Luzerne has an existing Agreement with Mountain Medical Services to provide drug and alcohol tests pursuant to Local, State and Federal Rules and Regulations; and
WHEREAS, the Agreement between the Town and Mountain Medical Services will expire on December 31, 2021; and
WHEREAS, Mountain Medical Services has provided the Town with a summary ofthe 2022 fee schedule; and
WHEREAS, the Town desires to continue to use the services of Mountain Medical Services through the calendar year 2022;
NOW THEREFORE, BE IF RESOLVED IN ACCORDANCE WITH AND PURSUANT TO RESOLUTION , THE SUPERVISOR IS HEREBY AUTHORIZED TO TAKE THE NECESSARY ACTIONS TO ENTER INTO AN AGREEMENT WITH MOUNTAIN MEDICAL SERVICES TO THE TOWN PURSUANT TO LOCAL, STATE AND FEDERAL RULES AND REGULATIONS FOR THE CALENDAR YEAR 2022. ALL IN FAVOR AYE, NONE OPPOSED. CARRIED 5- 0.
OCCUPANCY TAX RESOLUTION WAS PREVIOUSLY DONE. AMBASSADOR REIMBURSEMENT IS ON THE ABSTRACT.
DISCUSSION- LUZERNE CHAMBER OF COMMERCE INSURANCE IN THE AMOUNT OF 620.34. SUPERVISOR TO CHECK ON WHETHER INSURANCE IS COVERED. PAM PETTEYS – IF INSURANCE IS NOT COVERED THE$ 1500 HOLIDAY STROLL WOULD BE JEOPARDIZED.
RESOLUTION 165 OF 2021 – INTRODUCED BY COUNCILMAN O’ NEAL SECONDED BY COUNCILMAN LEWANDOWSKI
RESOLUTION AUTHORIZING PURCHASE OF PAYROLL, ACCOUNTING AND FINANCIAL SYSTEM SOFTWARE FOR THE TOWN OF LAKE LUZERNE FROM HARRIS COMPUTER SYSTEMS IN AN AMOUNT NOT TO EXCEED $30,000.
WHEREAS THE TOWN BOARD OF LAKE LUZERNE SEEKS TO UPDATE THE ACCOUNTING, PAYROLL AND FINANCIAL SYSTEMS SOFTWARE FOR THE TOWN OF LAKE LUZERNE AS NO UPDATES HAVE BEEN PURCHASED OR INSTALLED IN OVER 15 YEARS AND WHEREAS THE PROPOSAL FROM HARRIS COMPUTER SYSTEMS IS ATTACHED;
NOW THEREFORE BE IT RESOLVED THAT THE TOWN BOARD OF LAKE LUZERNE HEREBY AUTHORIZES THE SUPERVISOR TO PURCHASE THE ACCOUNTING PAYROLL AND FINANCIAL SYSTEM SOFTWARE FROM HARRIS COMPUTER SYSTEMS WITH A SPENDING AUTHORITY OF UP TO $30,000. ALL IN FAVOR, AYE, NONE OPPOSED, CARRIED 5- 0.
COUNCILMAN FAZIO – DISCUSSION REGARDING CONNECTING SARATOGA COUNTY SNOWMOBILE TRAIL WITH WARREN COUNTY THROUGH LAKE LUZERNE. HADLEY HAS AGREED. REQUEST IS TO USE PROPERTY STRETCH OF 9N BETWEEN WHERE MOLLIES USED TO BE AND WHERE THE TRAIL COMES OUT TO 9N, WHICH WOULD BE A VITAL LINK GETTING DOWN SOUTH AND UP INTO LUZERNE. IT WOULD HELP BUSINESS.
RESOLUTION 166 OF 2021 – INTRODUCED BY SUPERVISOR MERLINO SECONDED BY COUNCILMAN FAZIO
RESOLUTION AUTHORIZING A LETTER FROM THE TOWN BOARD OF LAKE LUZERNE TO THE NYS D.O.T. IN SUPPORT OF USING THE BRIDGE OVER THE HUDSON RIVER ON ROUTE 9N FROM HADLEY TO LUZERNE TO CONNECT THE WARREN COUNTY SNOWMOBILE TRAIL TO THE SARATOGA COUNTY SNOWMOBILE TRAIL.
WHEREAS THE TOWN BOARD OF LAKE LUZERNE IN SUPPORT OF TRAVEL AND TOURISM FOR THE TOWN OF LAKE LUZERNE DESIRES TO ISSUE A LETTER TO NYS D.O.T. IN SUPPORT OF ALLOWING THE BRIDGE OVER THE HUDSON RIVER ON ROUTE 9N TO CONNECT WARREN COUNTY TO SARATOGA COUNTY SNOWMOBILE TRAILS ,
NOW, THEREFORE, BE IT RESOLVED THE TOWN BOARD OF LAKE LUZERNE IN SUPPORT OF TRAVEL AND TOURISM IN LAKE LUZERNE HEREBY AUTHORIZES ISSUANCE OF A LETTER TO NYS D.O.T. IN SUPPORT OF ALLOWING USE OF THE BRIDGE OVER THE HUDSON RIVER ON ROUTE 9N TO CONNECT WARREN COUNTY WITH SARATOGA COUNTY SNOWMOBILE TRAILS. ALL IN FAVOR, AYE, NONE OPPOSED, CARRIED 5- 0.
RESOLUTION 167 OF 2021 RESOLUTION TO TERMINATE AND ELIMINATE THE POSITION OF DEPUTY SUPERVISOR
INTRODUCED BY COUNCILMAN LEWANDOWSKI
SECONDED BY COUNCILMAN O’ NEAL
WHEREAS THE TOWN OF LAKE LUZERNE DESIRES TO TERMINATE AND ELIMINATE THE POSITION OF DEPUTY SUPERVISOR IN THE TOWN OF LAKE LUZERNE.
BE IT RESOLVED THE TOWN OF LAKE LUZERNE HEREBY TERMINATES AND ELIMINATES THE POSITION OF DEPUTY SUPERVISOR IN THE TOWN OF LAKE LUZERNE.
SUPERVISOR MERLINO ASKED EFFECTIVE WHEN? AND WHEN WAS THIS DISCUSSED?
COUNCILMAN LEWANDOWSKI – IMAGINE IT WOULD BE THE FIRST OF THE YEAR. SUPERVISOR MERLINO- WAS THIS DISCUSSED AT A WORKSHOP? COUNCILMAN LEWANDOWSKI- NO
SUPERVISOR ASKED ATTORNEY CROWE IF HE WROTE THE RESOLUTION.
ATTORNEY CROWE- IT WOULD BE TIME TO MAKE A MOTION TO SECOND AND HAVE DISCUSSION ON IT TO PROCEED; TO TABLE IT OR THIS WOULD BE AN OPPORTUNITY FOR DISCUSSION.
SUPERVISOR THEN ASKED IF THERE WAS A SECOND. THE MOTION WAS SECONDED BY COUNCILMAN O’ NEAL.
SUPERVISOR ASKED WHAT IS THE REASON?
COUNCILMAN O ‘ NEAL ADVISED THAT THE CURRENT DEPUTY SUPERVISOR HAS NO BACKING AND HAS YET TO FULFILL ANY COUNCIL SEAT WHATSOEVER.
SUPERVISOR ADVISED THAT THE POSITION IS AUTHORIZED BY NYS.
COUNCILMAN LEWANDOWSKI- THE STATE OF NY SAYS THAT THE SUPERVISOR APPOINTS ANYBODY . DUE TO THE FACT THAT THE TOWN OF LAKE LUZERNE INITIATED THE POSITION AS A TOWN LAW, IT DOES NOT HAVE TO BE A STATE LAW OF HAVING A DEPUTY. WE CAN ALSO ELIMINATE IT.
SUPERVISOR MERLINO ADVISED THAT ALL 8 YEARS OF SUPERVISOR BENNETT HE HAD AN OUTSIDE PERSON NOT SOMEONE FROM THE BOARD. AND BELIEVED THE SAME WAS TRUE OF SUPERVISOR EGGLESTON.
COUNCILMAN FAZIO ADVISED THAT THE DEPUTY POSITION WAS CREATED BY RESOLUTION AND NOT BY LOCAL LAW AND THEREFORE THE TOWN BOARD CAN DECIDE WHETHER THEY WANT THAT POSITION OR NOT. THERE ARE PLENTY OF OTHER TOWNS IN NEW YORK STATE THAT HAVE ELIMINATED THE DEPUTY SUPERVISOR. THE TOWN OF MONTGOMERY BEING ONE OF THEM AND A FEW IN THE CATSKILLS.
SUPERVISOR MERLINO FEELS IT SHOULD UP FOR A PUBLIC HEARING .
DEPUTY SUPERVISOR PETTEYS- SO WHO WOULD TAKE OVER IF SOMETHING HAPPENS TO THE SUPERVISOR.?
COUNCILMAN FAZIO- THE TOWN BOARD WOULD NAME HIS REPLACEMENT.
ATTORNEY CROWE- THE SUPERVISOR APPOINTS THE DEPUTY. SO WHAT THE TOWN BOARD CAN DO. THEY CAN’ T REMOVE THE DEPUTY SUPERVISOR, BUT THEY CAN ELIMINATE THE POSITION. THAT WOULD BE THE DISTINCTION . IF THE RESOLUTION IS TO REMOVE AN INDIVIDUAL FROM THE POSITION, THAT’ S THE ROLE OF THE SUPERVISOR. IF IT’ S TO ELIMINATE THE OFFICE OF THE DEPUTY SUPERVISOR, THAT IS SOMETHING THAT CAN BE DONE BY RESOLUTION. SO IF COUNCILMAN FAZIO IS SAYING THAT IT WAS ENACTED BY RESOLUTION, THEN IT CAN BE ELIMINATED BY RESOLUTION. IF IT WAS ENACTED BY A LOCAL LAW, IT WOULD HAVE TO BE ELIMINATED BY A LOCAL LAW. SO IF IT WAS PUT IN PLACE BY A RESOLUTION THEN A RESOLUTION WOULD BE THE LEGISLATIVE ENACTMENT TO REMOVE THE POSITION.
SUPERVISOR MERLINO IS AGAINST THAT AS IT HAS BEEN IN THIS TOWN FOR YEARS AND YEARS.
DEPUTY SUPERVISOR PETTEYS. IT IS PERSONAL AGAINST ME . THAT’ S ALL IT IS. SUPERVISOR MERLINO SAID IT WOULD BE ON THE FIRST OF THE YEAR.
COUNCILMAN FAZIO SAID THEY DID NOT SAY THAT.
SUPERVISOR MERLINO- THEN IT WOULD BE FROM THE TIME YOU VOTE ON IT. THIS IS JUST ANOTHER POLITICAL PLOY TO HURT THE TOWN. SOME OF THIS HAS TO STOP. RESOLUTIONS ARE BEING MADE WITHOUT ANY MEETING. IF ONLY FOUR ARE MAKING THE DECISION AND BYPASSING SUPERVISOR, HE FEELS IT IN NOT FAIR TO TAXPAYERS.
PAM PETTEYS- WHY IS THE ATTORNEY WRITING SOME RESOLUTIONS AND NOT OTHERS.
SUPERVISOR MERLINO- MAYBE COULD CONCEDE TO THE FIRST OF THE YEAR. COUNCILMAN FAZIO- YOU DON’ T HAVE TO.
ATTORNEY CROWE- THAT IS AN ALLEGATION, IF YOU ARE INSINUATING THAT I AM NOT REPRESENTING THE TOWN BOARD AS A WHOLE.
SUPERVISOR- I AM SAYING SHOULDN’ T THIS BE DISCUSSED AS A TEAM.
ATTORNEY CROWE- I CAN’ T LAYOUT HOW YOU DISCUSS AND DECIDE THE RESOLUTIONS. IF YOU ARE SAYING THAT THIS SHOULD HAVE BEEN DISCUSSED AT THE AGENDA MEETING, OR IF YOU WOULD LIKE TO TABLE IT FOR FURTHER DISCUSSION WITH THE TOWN BOARD, THAT IS YOUR PREROGATIVE . RIGHT NOW THERE IS A RESOLUTION .
COUNCILMAN FAZIO- A COUNCILMAN CAN WRITE HIS OWN RESOLUTION CORRECT? IN THE PAST THERE WEREN’ T AGENDA MEETINGS. ALL THE RESOLUTIONS WERE PUT FORWARD RIGHT LIKE THEY ARE TONIGHT. SO DON’ T SAY THIS IS UNDERHANDED STUFF. THIS IS HOW IT’ S ALWAYS BEEN DONE. NOT UNTIL THERE WAS A DIFFERENT ATTORNEY, MR. MITCHELL, AND WE CHANGED THINGS AROUND, AND YOU KNOW IT.
SUPERVISOR MERLINO- YOU HAVE ONE MORE MONTH. IT COULD WAIT UNTIL THE FIRST OF THE YEAR.
ATTORNEY CROWE TO SUPERVISOR: YOU CAN MAKE A MOTION TO AMEND THE LANGUAGE TO PUT A DATE ON IT; YOU CAN MAKE A MOTION TO TABLE THE DISCUSSION UNTIL THE AGENDA MEETING;
SUPERVISOR MERLINO MADE A MOTION TO TABLE THE RESOLUTION AND TO DISCUSS IT AT THE NEXT AGENDA MEETING . MOTION WAS SECONDED BY COUNCILMAN WATERHOUSE. ROLL CALL VOTE ON THE SUPERVISOR’ S MOTION TO TABLE: COUNCILMAN O’ NEAL, NO, COUNCILMAN LEWANDOWSKI, ABSTAIN, COUNCILMAN WATERHOUSE , NO. COUNCILMAN FAZIO NO, SUPERVISOR MERLINO , YES. MOTION TO TABLE DISCUSSION FAILED 3 No’ s, 1 ABSTAIN, 1 YES.
ATTORNEY CROWE ADVISED THAT THE ORIGINAL RESOLUTION IS NOW STILL UNDER DISCUSSION.
SUPERVISOR WOULD LIKE TO AMEND THE ORIGINAL RESOLUTION BUT THINKS IT WON’ T PASS. CONCERNED ABOUT NEXT YEAR. WHAT ABOUT THE DEPUTY ROAD SUPERINTENDENT. IT WOULD BE JUST AS EASY TO DO THAT.
COUNCILMAN FAZIO—GENE YOU ARE THE ONE WHO MADE THE CHANGES FOR POLITICAL REASONS WHEN YOU FIRED COUNCILMAN WATERHOUSE AFTER 15 YEARS OF BEING A LOYAL DEPUTY BECAUSE HE DID THE RIGHT THING.
SUPERVISOR MERLINO DID NOT WANT TO CONTINUE A POLITICAL ARGUMENT.
CLERK CALLED A ROLL CALL VOTE ON THE ORIGINAL MOTION TO ELIMINATE THE POSITION OF DEPUTY SUPERVISOR. COUNCILMAN O’ NEAL, AYE, COUNCILMAN LEWANDOWSKI, AYE, COUNCILMAN FAZIO, AYE, COUNCILMAN WATERHOUSE, NO, SUPERVISOR MERLINO, NO MOTION CARRIED 3- 2.
REPORTS:
COUNCILMAN WATERHOUSE FEELS THE BOARD SHOULD DISCUSS THE PURCHASE OF A BRINE MACHINE FOR THE HIGHWAY DEPARTMENT.
HIGHWAY SUPT.— SENT AN EMAIL TO SUPERVISOR REGARDING THE SALT SUMMITT AT FT. WM HENRY.
PRESENTED QUOTES FOR BRINE MACHINE FROM CARGILL AT$ 31, 000 ALSO FROM VOIGHT INNOVATION WHICH IS WHAT STONY CREEK HAS AT 26,750.00 , ALSO TURBO $10,000 AND IS PLASTIC. ALSO HENDERSON AT $50,000. HE RECOMMENDS THAT THE TOWN GO WITH VOIGHT AT$ 26,750.00.
IT HAS SIMPLICITY WHICH IS WHAT RON IS LOOKING FOR. THE ONE FROM WARREN COUNTY IS OVER$ 100,000 AND IS ON A TRAILER. DOES NOT WANT TO BORROW IT AS OTHER TOWNS ALSO WANT TO USE IT INCLUDING WASHINGTON COUNTY.
RESOLUTION 168 OF 2021 INTRODUCED BY COUNCILMAN O’ NEAL SECONDED BY COUNCILMAN LEWANDOWSKI
TO ALLOW FOR THE PURCHASE OF A BRINE MACHINE FOR THE HIGHWAY DEPARTMENT FROM VOIGHT INNOVATION AT $26,750.00.
ALL IN FAVOR, AYE, NONE OPPOSED CARRIED 5- 0.
ATTORNEY REPORT: MICHAEL CROWE, ESQ.
IT WAS BROUGHT UP AT THE LAST MEETING FOR THE OPT OUT FOR MARIJUANA DISPENSERIES. THE TOWN WOULD HAVE TO OPT OUT BY DECEMBER 31ST. IT WOULD BE BY LOCAL LAW SUBJECT TO PERMISSIVE REERENDUM. THE TOWN DOES NOT HAVE TO DO ANYTHING IF THEY DECIDE TO LEAVE IT ALONE. DISCUSSION REGARDING THE SALES TAX. WARREN COUNTY WOULD SHARE IN THE SALES TAX. REVENUE. EACH MUNICIPALITY MAY GET A PORTION AS WELL OF SALES THAT OCCUR WITHIN THE MUNICIPALILTY. IF YOU OPT OUT, THERE WOULD BE NO SHARE IN REVENUE. IT COULD BE REGULATED THROUGH OTHER BOARDS. THE STATE ALSO HAS CERTAIN REGULATIONS.
RESOLUTION 169 OF 2021 – INTRODUCED BY COUNCILMAN O’ NEAL SECONDED BY COUNCILMAN WATERHOUSE
TO NOT TAKE ANY ACTION TO OPT OUT OF THE MARIJUANA DISPENSERY LEGISLATION AS PROVIDED BY THE STATE.
ROLL CALL VOTE: COUNCILMAN O’ NEAL, AYE, COUNCILMAN LEWANDOWSKI, AYE, COUNCILMAN FAZIO, AYE, COUNCILMAN WATERHOUSE AYE, SUPERVISOR MERLINO, NO. CARRIED 4- 1.
HIGHWAY REPORT- RON DEUEL
FALL CLEAN UP IS DONE
NEW SERVICE TAP ON FENWAY
TOMORROW VALVE SWAP OUT.
PAVING ON HARTMANN LOOP
DRESSING TRUCKS FOR WINTER.
SUPT DEUEL WOULD LIKE TO BOARDS OPINION ON DOING AWAY WITH UNIFORMS. HE WOULD LIKE TO DO IT AS A REIMBURSEMENT. MEMBERS BUY THEIR OWN AND BRING IN A RECEIPT TO BOOKKEEPER. THERE IS NO CONTRACT RIGHT NOW.RIGHT NOW THE COST IS AROUND $8, 500 PR YEAR.. EACH MAN COULD BUY THEIR OWN PANTS AND SHIRTS WITH AN INITIAL 500 STIPEND. THEN LOWER THE COST THE NEXT YEAR TO $400 EACH.
THE ATTORNEY COULD LOOK INTO THE SAFETY STANDARDS OR OSHA REGULATIONS IN THE GARAGE. THE TOWN COULD MAKE A POLICY FOR AN EXPECTED DRESS CODE STANDARD.
ATTORNEY WILL WORK WITH HIGHWAY SUPT ON A POLICY DETAILING WHAT IS EXPECTED.
THE BOARD SUGGESTED THAT THE WORKERS BE EASILY IDENTIFIED BY THE PUBLIC AS HIGHWAY WORKERS PERHAPS BY WEARING THE SAME COLOR.
THE UNIFORMS DO NOT FIT RIGHT. TOO TIGHT , TOO BAGGY. SOMETIMES THE UNIFORMS DO NOT COME BACK TIMELY.
COUNCILMAN WATERHOUSE THINKS IT’ S A GOOD OPTION.
THE UNIFIRST CONTRACT HAS NOT BEEN SIGNED.
IF THE CONTRACT IS CANCELLED UNIFORMS HAVE TO BE RETURNED. IF NOT, THERE COULD BE A CHARGE.
SOME WORKERS MAY NOT HAVE CLOTHING ITEMS TO RETURN. BUT MOST WOULD.
THE WORKERS WANT TO GET RID OF THE UNIFORM. THE BOARD WANTS TO SEE HOW THE MONEY IS SPENT.
RESOLUTION OF 2021 INTRODUCED BY COUNCILMAN O’ NEAL SECONDED BY COUNCILMAN
TO TERMINATE UNIFIRST AGREEMENT AND PROCEED WITH A CLOTHING REIMBURSEMENT SYSTEM UP TO$ 500 FOR HIGHWAY AND BUILDING AN D GROUNDS EMPLOYEES BEGINNING JANUARY 1, 2022. DISCUSSION: HIGHWAY SUPT WOULD INCLUDE THE PURCHASE OF GLOVES BY THE WORKERS WITH THE STIPEND.
COUNCILMAN FAZIO THINKS THIS IS MOVING TOO FAST AND WOULD LIKE TO ASK FOR AN INVENTORY OF WHAT THE WORKERS CURRENTLY HAVE, THE CONDITION OF THE CLOTHES. A MOTION BY COUNCILMAN WATERHOUSE SECONDED BY SUPERVISOR MERLINO TO TABLE THE RESOLUTION FOR FURTHER RESEARCH.
HIGHWAY SUPERINTENDENT REVISITED LAST WEEKS DISCUSSION REGARDING THE PURCHASE OF A HOT BOX WITH CHIPS MONEY . IT IS BETTER THAN COLD PATCH. THE HADLEY HIGHWAY SUPT WAS NOT AVAILABLE TO TALK ABOUT SHARED SERVICES. THE QUESTION WOULD BE HOW TO SPLIT PAYMENT IF USING CHIPS MONEY. THE BOARD WANTS TO WAIT FOR FURTHER DETAILS.
CHIPS PAPERWORK IS DUE IN DECEMBER. THERE ARE STILL INVOICES PENDING. MAY HAVE TO WAIT FOR NEXT YEAR.
TOWN CLERK: CYNTHIA SHERWOOD
THE MONTHLY REPORT TO SUPERVISOR WAS GIVEN PRIOR TO THIS MEETING THE ZONING OFFICER REPORT WAS ALSO DISTRIBUTED TO THE BOARD
CLERK GAVE THE BOARD MEMBERS COPIES OF THE ORGANIZATIONAL ANALYSIS FROM GENERAL CODE OUTLINING STEPS THAT WERE DUE NOVEMBER 12TH. CLERK EMAILED GENERAL CODE AND ASKED FOR AN EXTENSION OF TIME . ASKED THE BOARD HOW WE ARE TO PROCEED. THERE IS A RESOLUTION TO HIRE AN ATTORNEY TO WORK ON THE PROJECT. CLERK GAVE THE BOARD PHASE I INFORMATION AND HAS MENTIONED IT A COUPLE OF TIMES.
ALSO A LETTER OF INTEREST IN THE ZONING BOARD OF APPEALS.
A LETTER FROM MR. GOODHART REQUESTING DETERMINATION OF THE WATER ISSUE AT THE HOLY MOTHER AND CHILD PARISH FOR POSSIBLE ADJUSTMENT OF PRIOR CHARGES.. BILLING GOES BACK 6 YEARS IN OUR SYSTEM. THE BOARD CAN MAKE A RESOLUTION TO ADJUST THE BILLING.
HALF MILE HAS THE SAME ISSUE REGARDING THE INITIAL SET UP OF WATER METERS AND WOULD LIKE THE BOARD TO REVIEW PRIOR BILLING.
MOTION BY COUNCILMAN WATERHOUSE, SECONDED BY SUPERVISOR MERLINO TO MOVE INTO THE WATER BOARD. ALL IN FAVOR, AYE.
THE WORK ON THE HOLY MOTHER AND CHILD PARISH HAS BEEN COMPLETED. THE REQUEST IS FOR REIMBURSEMENT FOR ANY EXTRA CHARGE THAT MAY HAVE RESULTED FROM THE WATER FLOWING THROUGH TWO METERS GOING BACK AS FAR AS RECORDS ALLOW AT THIS TIME.
COUNCILMAN WATERHOUSE AGREES WITH THE 6 YEAR LOOK BACK AND REIMBURSE ANY OVERAGE ABOVE $125 ON EACH OF THE TWO METERS.
RESOLUTION 170 OF 2021 – INTRODUCED BY SUPERVISOR MERLINO SECONDED BY COUNCILMAN FAZIO
TO LOOK BACK 6 YEARS IN THE WATER BILLING SYSTEM TO DETERMINE IF THE HOLY MOTHER AND CHILD PARISH WAS BILLED IN EXCESS DUE TO THE FAULTY INSTALLATION OF TWO WATER METERS FROM THE HOUSE TO THE
CHURCH AND MAKE ANY NECESSARY REIMBURSEMENT ADJUSTMENT. ALL IN FAVOR, AYE, NONE OPPOSED, CARRIED 5- 0.
CLERK ALSO REQUESTED THE HELP OF ATTORNEY CROWE WITH A PAYMENT PLAN IN SW2.
MOTION BY SUPERVISOR MERLINO, SECONDED BY COUNCILMAN WATERHOUSE TO RETURN TO REGULAR TOWN BOARD SESSION. ALL IN FAVOR, AYE.
SUPERVISOR REPORT:
HUDSON HEADWATERS MOBILE VAN UNIT WILL BE AT THE TOWN HALL ON NOVEMBER 11 AND 12.. THE TOWN HALL IS CLOSED ON THURSDAY. THEY WILL DO THEIR OWN PUBLICITY . HOURS WILL BE 10- 2: 00.
WARREN COUNTY IS HOLD TWO PUBLIC HEARINGS ON SEPTIC ISSUES. WED, NOV 17 AT 7 PM AT THE LAKE GEORGE TOWN HALL AND FRI . NOV 19TH AT 10 AM AT THE WARREN COUNTY MUNICIPAL CENTER.
COUNCILMAN WATERHOUSE DISCUSSED REPLACEMENT TANK AT THE PUBLIC BEACH ESTIMATED AT$ 1500.
TRACEY CLOTHIER HAS SENT LETTERS TO VARIOUS PUBLIC OFFICIALS ASKING FOR SUPPORT FOR THE GRANT SHE IS WORKING ON 2.2 MILLION FOR WATER.
SUPERVISOR DISCUSSED AN EMAIL THAT WAS SENT BY SAVE LAKE LUZERNE @GMAIL.COM
BOARD MEMBERS SAID THEY DID NOT GET THE EMAIL. SUPERVISOR WOULD LIKE TO MAKE A RESOLUTION TO HAVE THE TOWN ATTORNEY LOOK INTO THAT. SUPERVISOR HAS SPOKEN TO THE STATE POLICE ABOUT IT. HE WOULD LIKE OUR LAW FIRM TO LOOK INTO WHO SENT THE EMAIL BECAUSE THE TOWN LIST OF EMAILS ON OUR SERVER WAS USED. MANY COMPLAINTS HAVE BEEN MADE BY PEOPLE WHO GAVE THEIR EMAIL TO THE TOWN AND IT GOT USED IN THIS WAY. SUPERVISOR ASKED IF THE BOARD AGREED.
COUNCILMAN WATERHOUSE SAID HE WAS FINE WITH THAT, AS WAS COUNCILMAN FAZIO. SO SUPERVISOR SAID WE WILL WORK ON THAT .
DISCUSSION REGARDING CONTACTING ENGINEERS TO LOOK AT THE DAM IN MILL PARK. CT MALE CAME TO LOOK AT THE DAM BUT THE WATER WAS REALLY GOING OVER THE DAM AND COULDN’ T SEE THAT WELL. COUNCILMAN FAZIO ASKED HOW THERE WAS NO ANNUAL CERTIFICATION OF THE DAM SINCE 2012. SUPERVISOR SAID DEC WAS ALSO HERE IN 2017.
COUNCILMAN WATERHOUSE ALSO HAS A CONTACT NAME FOR THIS ISSUE.
PUBLIC COMMENT:
STANLEY GOLDBERG- DISCUSSION REGARDING A RECENT MASS EMAIL THAT WENT OUT ADVISING THAT THE MILL PARK DAM WAS IN EMINENT DANGER DUE TO DISREPAIR. MR. GOLDBERG ASKED WHO HAS ACCESS TO THAT PASSWORD. MR. MERLINO WANTED TO RESPOND TO THE EMAIL AND WAS DENIED ACCESS. WHO IS THE ADMINISTRATOR? MR FAZIO ARE YOU RESPONSIBLE AS THE ADMINISTRATOR? RESPONSE: I NST AGREED TO HELP THAT’ S ALL. .
SO THERE IS NO DESCRIPTION FOR AN ADMINISTRATOR. THE TOWN HAS NOT DEFINED ANYONE AS AN OVERALL SYSTEM ADMINISTRATOR.
THAT RESPONSIBILITY SHOULD INCLUDE CONTROLLING OF PASSWORDS INTO THE SYSTEM. IS THERE ANYONE WHO CURRENTLY CONTROLS PASSWORDS.
MANY IN TOWN RECEIVED THE EMAIL REGARDING THE DAM THAT CONDEMNED THE SUPERVISOR UNMERCIFULLY BY WAY OF AN OUTSIDE ORGANIZATION THAT EXISTED FOR ONE DAY.
SUPERVISOR SAID THAT THE EMAIL HAD BEEN CHANGED AND THE OFFICE COULD NOT GET HIM INTO THE SITE.
COUNCILMAN FAZIO- IN APRIL A NEW UPDATED EMAIL PLAN WAS IMPLEMENTED . DEPUTY CLERK HAD THE ORIGINAL PASSWORD AT THAT TIME. IT WAS CHANGED IN APRIL TO A WHOLE NEW PLAN WITH LORRI SITTING WITH HIM AND NOBODY HAS ASKED FOR IT SINCE THEN. NOBODY HAS ASKED FOR THE NEW PASSWORD SINCE APRIL.
GOLDBERG IS ASKING FOR A FORENSIC INVESTIGATION BY A PROFESSIONAL WHO CAN FIND OUT WHO TOUCHED THAT FILE ON THAT DAY. WHO DOWNLOADED THE DATA AND SET UP A GMAIL ACCOUNT TO SET UP AN ATTACK ON THE SUPERVISOR WHEN” THE SKY WAS NOT FALLING” AND THERE WAS NO DANGER TO THE TOWN TWO DAYS BEFORE THE ELECTION. IT REQUIRES A REAL INVESTIGATION BY A TECHNICAL EXPERT. WE THINK THERE WAS A BREACH.
SUPERVISOR COULD NOT GET THE CURRENT PASSWORD FROM LORRI AS SHE DOES NOT HAVE IT. , HE CALLED COUNCILMAN FAZIO WHO INDICATED HE WOULD HELP WITH A RESPONSE HE WANTED TO SEND, BUT BECAUSE HE COULD NOT GET ON THE EMAIL HE DECIDED TO NST LEAVE IT ALONE. .
COUNCILMAN FAZIO SAID AS TO THE SECURITY OR PASSWORDS, HE AND LORRI HAD THE PASSWORDS . THAT SHE HAD IT THE DAY THEY CHANGED IT.
MR GOLDBERG ASKED THAT HE CALL AND DISCUSS THE ISSUE WITH LORRI.
JIM NILES – DISCUSSED BUDGET APPROVAL PROCESS. SOME DATES WERE MISSED ON THE WEBSITE. IT WAS FILED AND CHANGED AT THE FIRST WORKSHOP. IT WAS REQUESTED THAT THERE WOULD BE A DOCUMENT TO EXPLAIN SALARIES AND LINES. IS THERE A PUBLISHED REVISION.
THERE IS A REVISION THAT WILL BE A PUBLIC HEARING ON THE 15TH
CLERK ADVISED THAT THE BOOKKEEPER SENT THE PRELIMINARY BUDGET TO BE PUT ON THE WEBSITE. NOT THE STAMPED TENTATIVE BUDGET. THE BUDGET THAT THE TOWN BOARD MOVED TO A PRELIMINARY STAGE FOR PUBLIC HEARING. ALSO THAT THE BUDGET CAN BE PICKED UP IN THE TOWN CLERK’ S OFFICE.
NILES- IS LOOKING FOR THE BREAKDOWN OF LINES. SOME OF THE THINGS THAT CAME UP TONIGHT IS HARD TO DETERMINE IN THE BUDGET AS IS.
CLERK- THE LATEST BUDGET WAS SENT TO BE PUT ON THE WEBSITE . THE FIGURES WERE MOVED OVER TO THE PRELIMINARY COLUMN AND THEN IT WAS SENT TO BE PUT ON THE WEB. COLLEEN ALSO DID A BREAKDOWN LIST FOR THE BOARD MEMBERS.
MR NILES ALSO DISCUSSED THAT GRANT WRITER TRACY CLOTHIER ADVISED SHE IS WORKING ON GRANT TO RE DO THE COMPREHENSIVE PLAN.
DONNA COVELL- TONIGHT WAS CONFUSING. ARE THERE AGENDA MEETINGS OR NOT?- ARE RESOLUTIONS ADDED AT THE END?. TRANSPARENCY DISCUSSION IS THERE A DEPUTY SUPERVISOR OR NOT.
RAY L ZUBAL – THANKED MR. NILES FOR BUDGET POINTS. ASKED WHERE THE BUDGET WAS SENT.
THE BUDGET WAS SENT TO JAIMEE.
CLERK- THIS AFTERNOON, COLLEEN AND CLERK DISCUSSED THE BUDGET. CLERK ASKED HER TO MAKE SURE THE NUMBERS WERE BROUGHT OVER TO THE PRELIMINARY LINE AND THEN TO PUT IT ON THE WEBSITE, WHICH SHE DID AND SENT IT.
RAYL ZUBAL – IT SHOULD BE ON THE WEBSITE. PEOPLE SHOULDN’ T HAVE TO COME TO THE OFFICE IN THE MIDST OF COVID. REGARDING HEALTH INSURANCE POLICY. DOES IT COVER TEMPORARY EMPLOYEES?. WAS THERE A 2011 RESOLUTION MAKING BOARD MEMBERS TEMPORARY EMPLOYEES?. RESOLUTION 67 OF 2011 DEEMED TOWN BOARD MEMBERS PART TIME EMPLOYEES.
DOES OUR SPECIFIC INSURANCE CARRIER COVERING THE TOWN COVER TEMPORARY EMPLOYEES. IF NOT, IS THAT INSURANCE FRAUD.
ATTORNEY DID NOT ANSWER HIS QUESTION ON THAT. FRAUD QUESTIONS OR CONCERNS COULD BE SENT TO HIM .
RAYL ZUBAL- PLEASE INVESTIGATE DAN WATERHOUSE INSURANCE SINCE 2011. IF THE FORMS WERE FILLED OUT RIGHT. TOWN BOARD MEMBERS ARE DEEMED TEMPORARY EMPLOYEES PR 2011 RESOLUTION.
DAN- WATERHOUSE- STATE LAW MAY SUPERSEDE THE TOWN LAW. DAN IS AN ELECTED OFFICIAL PR THE STATE.
RAYL ZUBAL- ASKING THE ATTORNEY TO LOOK INTO THE ISSUE. AT THE TOP OF THE INSURANCE FORM THERE IS A BOX FOR FULL TIME OR PART TIME. TEMPORARY ETC.
PAUL- WE ARE ELECTED OFFICIALS AND THAT IS WHERE YOU ARE MISSING IT.
TOWN CLERK- DOES THE RESOLUTION INDICATE A DATE GOING FORWARD. RAYL READ THE RESOLUTION, OF 2011. DOES OUR SPECIFIC CARRIER COVER TEMPORARY EMPLOYEES. PLEASE LOOK INTO IT,
PATRICIA GOLDBERG- THERE ARE STILL PEOPLE WE CANT HEAR, YOU NEED TO USE YOUR OWN LAPTOPS. MINUTES ARE GETTING UP QUICKER. NONE SINCE SEPT. HAVE ALL THE BOARD MEMBERS GONE THROUGH THE REQUIRED SEXUAL HARASSMENT TRAINING? SUPERVISOR SAID IT WAS DONE PROBABLY A YEAR AGO AND IS PROBABLY DUE AGAIN.
GOLDBERG- ASKING THE BOARD IF THEY ARE WILLING TO BRING IN A FORENSIC PERSON TO INVESTIGATE THE EMAIL SSUE,
SUPERVISOR ADVISED MR. GOLDBERG THAT THE BOARD DID APPROVE OF THE SUPERVISOR WORKING WITH THE ATTORNEY TO SEE WHO TO BRING IN OR HOW TO HANDLE IT. BUT YES, I THINK IT IS GOING TO HAPPEN.
COUNCILMAN WATERHOUSE SAID THEY DID MAKE THE MOTION TO APPROVE IT. SUPERVISOR ALSO SAID THEY DID MAKE A MOTION TO APPROVE IT.
RAYL ZUBAL- PER RESOLUTION 67 OF 2011 – HE READ WHEREAS, TOWN BOARD MEMBERS AND JUSTICES AMONG OTHERS ARE CONSIDERED TO BE PART TIME EMPLOYEES OF THE TOWN.
MOTION BY COUNCILMAN O’ NEAL, SECONDED BY COUNCILMAN LEWANDOWSKI TO ADJOURN THE REGULAR MEETING AN TO EXECUTIVE SESSION TO DISCUSS A PERSONNEL ISSUE WITH NO BUSINESS TO BE DISCUSSED UPON RETURN FROM EXECUTIVE SESSION EXCEPT TO ADJOURN.