TOWN OF LAKE LUZERNE
PUBLIC HEARING AND REGULAR TOWN BOARD MEETING
NOVEMBER 9, 2020
SUPERVISOR MERLINO CALLED THE MEETING TO ORDER AT 7PM WITH THE FOLLOWING MEMBERS PRESENT: COUNCILMAN O’NEAL, COUNCILMAN LEWANDOWSKI, COUNCILMAN WATERHOUSE. ALSO PRESENT: ATTORNEY FOR THE TOWN, ROBERT REGAN AND HIGHWAY SUPT. RON DEUEL.
SUPERVISOR MERLINO OPENED THE PUBLIC HEARING ON THE 2021 PRELIMINARY BUDGET AND TOWN CLERK READ THE FOLLOWING PUBLISHED NOTICE: THE TOWN BOARD OF LAKE LUZERNE WILL HOLD A PUBLIC HEARING ON NOVEMBER 9, 2020 AT 7PM IN THE MEETING ROOM OF THE TOWN HALL, 539 LAKE AVENUE, LAKE LUZERNE, NY TO HEAR PUBLIC COMMENT ON THE PRELIMINARY BUDGET FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2021, INCLUDING GENERAL TOWN FUNDS, HIGHWAY FUNDS, FIRE PROTECTION, AMBULANCE DISTRICT FUNDS AND LIGHT DISTRICT FUNDS. THE BUDGET IS AVAILABLE FOR INSPECTION AT THE OFFICE OF THE TOWN CLERK, 539 LAKE AVENUE, DURING BUSINESS HOURSE, MON-FRI 9 AM TO 4 PM. THE FOLLOWING ARE BUDGETED SALARIES FOR THE YEAR 2021 FOR ELECTED TOWN OFFICIALS OF THE TOWN OF LAKE LUZERNE: SUPERVISOR $32,000. TOWN CLERK $39,000. TOWN JUSTICE: 2 @ $14,100 EA. COULCILMAN : 4 @ $7,000 EA. HIGHWAY SUPERINTENDENT: $56,000. PUBLISHED OCTOBER 27, 2020.
SUPERVISOR OUTLINED THAT THE BUDGET IS $89,989.32 LESS THAN LAST YEAR. THE WHOLE APPROPRIATIONS FOR THE BUDGET DUE TO THE EQUALIZATION RATES FOR SARATOGA AND WARREN COUNTY, THE FIRE DEPT AND EMS BOTH WENT UP. THE FIRE DISTRICT IS UP $9,575.42 AND EMS WENT UP $11,455.00 FOR A TOTAL OF $20,975.97.
THE AMOUNT TO BE RAISED BY TAXES WILL BE $1,735,267.00. LAST YEAR IT WAS $3 PER THOUSAND, AND THIS YEAR IT IS $2.98 PR THOUSAND. A FLAT BUDGET.
THERE WERE NO COMMENTS FROM THE FLOOR.
COUNCILMAN WATERHOUSE COMMENTED THAT HE FEELS THAT WHEN THE FLOOR IS OPENED TO THE PUBLIC IT IS MORE FOR COMMENT, IF LOOKING FOR DISCUSSION, HE FEELS THAT SUBJECTS SHOULD BE PUT ON THE AGENDA IN ORDER FOR THE BOARD MEMBERS TO PREPARE AS THEY DO NOT DO THIS EVERY DAY AND COULD HAVE A MORE INTELLIGENT CONVERSATION.
JOHN HERRING – DAVERN DR. IN RESPONSE TO SOMETHING FROM THE FLOOR AT LAST MEETING SUPERVISOR STATED THAT HE DID NOT LIE. THERE WAS A COMPLAINT MADE A COUPLE OF MONTHS AGO ABOUT A FOOD FACILITY. HE WOULD LIKE TO KNOW IF HIS NAME WAS DISCUSSED WITH ANYONE. SUPERVISOR DID NOT RECALL. MR. HERRING ASKED IF THE ZEO MADE A COMPLAINT TO THE HEALTH DEPT REGARDING THE FACILITY. ZEO CALLED HEALTH DEPT TO VERIFY SOMETHING THAT HAD COME TO HER ATTENTION BUT DID NOT FILE A FORMAL COMPLAINT. ZEO VERIFIED THAT THE COMPLAINT DID NOT COME FROM MR. HERRING. MR. HERRING ADVISED THAT HE HAS MADE SEVERAL SIGNED COMPLAINTS OVER THE YEARS BUT NO ANONYMOUS COMPLAINTS BUT SEVERAL PEOPLE SAID MR. MERLINO USED HIS NAME IN REGARD TO THAT COMPLAINT. MR. MERLINO TOOK OFFENSE TO THE ACCUSATION AND WENT ON TO SAY THAT HE DOES HIS JOB EVERY DAY AND TAKES NOTHING EXTRA. NO MILEAGE THAT HE COULD TAKE AT 51 CENTS PER MILE, WORKED ALL SUMMER IN THE SENIOR CENTER KITCHEN HELPING WITH MEALS WHILE EVERYONE ELSE STAYED HOME, WORKED AT THE TRANSFER STATION FOR NOTHING EXTRA. MR. HERRING DISCUSSED FOIL REQUEST IN WHICH HE ASKED
FOR BOAT MATERIAL. MR. REGAN, THE FOIL OFFICER, SAID THAT TO THE EXTENT THAT DOCUMENTS ARE MAINTAINED BY THE TOWN THERE WERE NO RECORDS FOR THIS REQUEST. HE RECEIVED RECORDS BUT NOT RECEIPTS FOR MATERIALS. MR REGAN SAID HE RECEIVED WHAT WAS GIVEN TO HIM. MR. HERRING KNOWS THERE WERE RECEIPTS AND HAS SINCE GOTTEN THEM FOR MATERIALS USED ON THE FIRST BOAT FOR A STEERING MECHANISM WHICH WAS SUBSTANTIAL, THE BOAT WE HAVE HAS NO STEERING.
COUNCILMAN WATERHOUSE ADVISED THAT HE SPOKE WITH THE BOAT PEOPLE AND HE SAID IT WAS IN THE WAY AND THEY NEEDED MORE ROOM AND THERE ARE TWO GUYS ON THE FRONT OF THE BOAT AND THERE IS NO PROBLEM WITH VISION FOR STEERING. NO CONCERNS ABOUT STEERING. THERE IS A CERTIFICATE OF INSURANCE FOR 5 MILLION DOLLARS COVERING THE TOWN.
SUPERVISOR ADVISED THAT MATERIALS MIGHT HAVE BEEN ON THE CREDIT CARD. THE LEADER OF THE DEPARTMENT WAS HAPPY TO DO THAT JOB AND DID A GREAT JOB. THE BOARD DID NOT KNOW WHY HE DID NOT GET THE RECEIPTS. FEELS THAT HE WAS DENIED. MR. HERRING SAID HE GOT THE RECORDS THROUGH THE TOWN HALL. CLERK DISCUSSED THAT ONE OF THE PROBLEMS WITH FOIL IS WHEN THE WORDS “ANY AND ALL ARE USED” AT SOME POINT IN TIME A SPECIFIED RECORD CAN BE DEEMED “ALL”. MR. HERRING SAID HE DID ASK FOR THE PERIOD OF TIME THAT WORK WAS DONE ON THE BOAT.
MORE DISCUSSION REGARDING ROOF JOB. CONTRACTOR WHO DID THE JOB WAS KNOWN TO THE SUPERVISOR. MR. HERRING REFERENCED THE PROCUREMENT POLICY. SUPERVISOR ADVISED THAT HE DID THE ROOF AS AN EMERGENCY SITUATION. PEOPLE WERE SICK WITH COUGHS AND EYE IRRITATION DUE TO MOLD. THAT IS A SPECIALTY JOB. THE PROPOSAL AND ACCEPTANCE OF $15,000 IS SIGNED BY SUPERVISOR. ATTORNEY ADVISED THAT A PUBLIC WORKS PROJECT IS SUBJECT TO BID IF IN EXCESS OF $35,000. BOARD WAS NOT AWARE.
GLENN SHIEL – SAID THE ROOF WAS NO EMERGENCY. QUESTIONS REGARDING LAKE TOUR ROAD WATER EXTENSION TO THE MUSIC CAMP. SUPT DEUEL SAID IT WAS PROBABLY 600 FT. COUNCILMAN WATERHOUSE WAS THE ONLY BOARD MEMBER FROM THAT TIME. COUNCILMAN WATERHOUSE REITERATED THE NEED FOR AGENDA TOPICS TO RESEARCH. ASKED IF THERE WAS PERMISSION FROM THE BOARD TO DO THAT LINE. THE RULES OF THE WATER DISTRICT NOTE THAT APPLICATIONS FOR WATER SERVICE WILL BE ENTERTAINED ONLY IF SUCH SERVICE CAN BE SUPPLIED WITHOUT UNDUE EXPENSES. THE TOWN WATER BOARD RESERVES THE RIGHT TO REFUSE SUCH APPLICATIONS UNLESS THE APPLICANT AGREES TO PAY FOR SUCH EXPENSE COSTS AND DEPOSIT WITH THE COLLECTOR OF WATER RENT IN ADVANCE A SUM ESTIMATED TO BE SUFFICIENT TO BE MADE AT THE EXPENSE OF THE APPICANT. 600FT OF MAIN COULD BE A $30,000 JOB. SUPT DEUEL SAID IT DID NOT COST THAT MUCH. DISCUSSED TREES CUT AT THE MUSIC CAMP THAT SHOULD HAVE BEEN PAID BY MUSIC CAMP. NEW HYDRANT WAS ALSO INSTALLED FOR THE MUSIC CAMP. SEPTEMBER WORKING ON THE HEIGHTS METER PIT ON NORTH AVE. THERE WAS A TREE DOWN WHICH MR. MERLINO SAID THE TOWN WOULD HAVE TO TAKE CARE OF. MR. SHIEL DID NOT THINK THE TOWN SHOULD PAY FOR A TREE ON MR. CONWAY’S PROPERTY TO WHICH SUPERVISOR SAID HE DOES A LOT FOR THE TOWN. MONTHS LATER MR. SHIEL HEARD SUPERVISOR SAY THAT 20% OF HIS BUSINESS COMES FROM MUSIC CAMP. MR. SHIEL FEELS IT IS EITHER COINCIDENCE OR CORRUPTION. MR. SHIEL STATED HE IS NOT AFTER REVENGE BUT THAT MR. MERLINO IS THE WORST MAN HE HAS EVER WORKED FOR AND THAT HE STILL HAS TROUBLE SLEEPING BECAUSE OF HIM AND THAT MR. MERLINO IS NOTHING BUT A BIG SHOW.
RESOLUTION 88 OF 2020 – RESOLVED UPON A MOTION BY COUNCILMAN O’NEAL, SECONDED BY COUNCILMAN LEWANDOWSKI TO PAY BILLS OF THE 11TH ABSTRACT AS FOLLOWS:
GENERAL FUND 26313-26315 $32,923.46
GENERAL FUND 26383 $ 938.00
HIGHWAY 26352-26376 $19,975.79
LAKE LUZ SW1 26378-26382 $18,554.98
SW2 26384 $ 1,490.98
ROLL CALL VOTE: COUNCILMAN O’NEAL, AYE, COUNCILMAN LEWANDOWSKI, AYE, COUNCILMAN WATERHOUSE, AYE, SUPERVISOR MERLINO, AYE.
RESOLUTION 89 OF 2020 – RESOLVED UPON A MOTION BY COUNCILMAN WATERHOUSE, SECONDED BY COUNCILMAN O’NEAL TO RE-LEVY UNPAID WATER BILLS IN THE LAKE LUZERNE WATER DISTRICT TO THE 2021 TOWN AND COUNTY TAX BILLS TOTALING $26,492.05 INCLUDING PENALTIES. ROLL CALL VOTE: COUNCILMAN O’NEAL, AYE, COUNCILMAN LEWANDOWSKI, AYE, COUNCILMAN WATERHOUSE, AYE, SUPERVISOR MERLINO, AYE.
RESOLUTION 90 OF 2020 – RESOLVED UPON A MOTION BY COUNCILMAN O’NEAL, SECONDED BY COUNCILMAN LEWANDOWSKI TO RE-LEVY UNPAID WATER BILLS IN THE HUDSON GROVE SW2 WATER DISTRICT TO THE 2021 TOWN AND COUNTY TAX BILLS TOTALING $18,265.50. ROLL CALL VOTE: COUNCILMAN O’NEAL, AYE, COUNCILMAN LEWANDOWSKI, AYE, COUNCILMAN WATERHOUSE, AYE, SUPERVISOR MERLINO, AYE.
MOTION BY COUNCILMAN WATERHOUSE, SECONDED BY COUNCILMAN LEWANDOWSKI TO CLOSE PUBLIC HEARING ON THE PRELIMINARY BUDGET. ROLL CALL VOTE: COUNCILMAN O’NEAL, AYE, COUNCILMAN LEWANDOWSKI, AYE, COUNCILMAN WATERHOUSE, AYE, SUPERVISOR MERLINO, AYE.
RESOLUTION 91 OF 2020 – RESOLVED UPON A MOITON BY COUNCILMAN LEWANDOWSKI, SECONDED BY COUNCILMAN O’NEAL TO ADOPT THE 2021 BUDGET AS PRESENTED. ROLL CALL VOTE: COUNCILMAN O’NEAL, AYE, COUNCILMAN LEWANDOWSKI, AYE, COUNCILMAN WATERHOUSE, AYE, SUPERVISOR MERLINO, AYE.
REPORTS:
COUNCILMAN WATERHOUSE – REGARDING THE BOAT QUESTIONS, THE BOAT OPERATOR DOES NOT NEED A CAPTAINS’ LICENSE. THERE IS INSURANCE. THEY ARE DRUG TESTED. SOME ARE COLLEGE KIDS ON INTERNSHIP. THEY ARE GOING TO A LOWER DECK THIS YEAR. ADJUSTMENTS CAN BE MADE. THE TRAILER IS UNDERNEATH THE BOAT. WATERHOUSE ASSUMES IT IS THE TOWN TRAILER.
Zoning Report to Town Board
November 9, 2020
Permits issued 8—2020-97 through 104—last year-to-date 74
APA Correspondence—**Mountain View Rd. and Old Stage Rd., non-jurisdictional letter
**Hall Hill Rd. Cell Tower Application–extension of time for decisions until 15 days after the Lake Luzerne ABA decision on two variances
**Riverview Dr.—non-jurisdictional letter
**Second Lake area, tax map numbers 292.12-1-19 and 292.-1-35, jurisdictional letter for proposed 2 lot subdivision
**1256 Lake Ave., tax map number 286.11-1-8, approval for Nettle Meadows Project
**East River Dr., tax map number 298.20-1-7, non-jurisdictional letter
**East River Drive, tax map number 312.20-1-30, non-jurisdictional letter
Zoning Board of Appeals Meeting-No meeting since last Town Board Meeting
Planning Board Meeting—October 27, 2020
**Boundary Line Adjustment and Site Plan Review for Mountain View Rd. & Old Stage Rd.—approved
**2 Lot Subdivision, East River Dr.—approved
**Site Plan Review for 29 Main Street—application accepted and public hearing set for November 18th
**Special Use Permit Application for East River Drive—application accepted and public hearing set for November 18th
**Discussion on AT&T Cell Tower Applications at Hall Hill Rd.—time frame extended until January 29th by mutual agreement–awaiting more information
**Changed date of next 2 Planning Board Meetings to Wednesday November 18th and December 16th due to upcoming holidays Violations and/or Complaints: none
Need alternate for Zoning Board of Appeals
HIGHWAY SUPERINTENDENT RON DEUEL
FINISHED SHOULDERS ON HOWE RD, EMERGENCY WATER LINE REPAIR ON PIEREPONT RD, WOULD LIKE APPROVAL TO GET SPECS ON A NEW TRUCK TO STAY WITHIN THE 4 YEAR ROTATION. WHEN TRUCKS ARE READY FOR WINTER THERE WILL BE BRUSHING AND FILLING OF POT HOLES BEFORE WINTER.
TOWN CLERK
TOWN CLERK MONTHLY REPORT FOR OCTOBER, SHARES REMITTED, $8,346.50. TINA CROKE LETTER OF RESIGNTION FROM THE ETHICS BOARD. MARK MCLAIN SENT LETTER: TOWARD THE END OF MONDAY NIGHT’S MEETING MIKE FAZIO ACCUSED ME OF PAYING MYSELF FOR MOWING. I DID NOT. THIS THE CEMETERY REIMBURSED ME FOR, IN 2017 I BOUGHT A ZERO TURN MOWER FOR $5000 AND KEPT IT IN THE VAULT SO WHEN THE GRASS GOT HIGH, BETWEEN MOWING BY EMERICKS, I COULD DO SOME. I DID NOT MOW EVERY DAY BUT FOR A FEW HOURS WHEN I COULD. I COULD HAVE CHARGED THE COST OF THE MOWER TO THE CEMETERY BUT I DID NOT. I AM HOPING I CAN GET THIS ENTERED INTO THE PUBLIC RECORD. IN 2019 I SOLD THE MOWER. A CHECK ENCLOSED FOR 1 HOUR FOR TOWN EMPLOYEE TO REMOVE THE MOWER BLADE IN THE AMOUNT OF $200. READ A LETTER OF RESIGNATION AS TOWN COUNCILMAN FROM MARK MCLAIN EFFECTIVE NOVEMBER 1, 2020. EMAIL FROM NYS RETIREMENT ASKING FOR THE DATE OF ABOLISHMENT OF THE TOWN POLICE FORCE. KIP MOSES, A GRADUATE OF HLCS IN 1969 SENT AN ANTIQUE CERTIFICATE FOR TEACHING HE FOUND IN AN AUCTION BOX.
‘BE IT KNOW THAT A. ARMSTRONG JR., SCHOOL COMMISSIONER IN AND FOR THE COUNTY OF WARREN HAVING EXAMINED ELIZABETH RICE AND HAVING ASCERTAINED HER QUALFICATIONS IN RESPECT TO MORAL CHARACTER, LEARNING AND ABILITY TO INSTRUCT THE COMMON SCHOOL, DO HEREBY CERTIFY THAT SHE IS ENTITLED TO THE RANK OF TEACHER OF THE THIRD GRADE AND IS QUALIFIED TO TEACH IN SCHOOL DISTRICT 5 IN THE TOWN OF LUZERNE, IN THIS DISTRICT AND NOT ELSEWHERE, AND SHE IS ACCORDINGLY HEREBY LICENSED TO TEACH THE SAID SCHOOL FOR THE TERM OF 6 MONTHS FROM THIS DATE. GIVEN UNDER MY HAND THIS 7TH DAY OF APRIL, IN THE YEAR OF 1884”
HIGHWAY SUPT ASKED AGAIN ABOUT GETTING FIGURES FOR A NEW TRUCK. LOOKING TO DO IT ON STATE CONTRACT. BOARD AGREED.
FLOOR OPEN TO PUBLIC
GLENN SHIEL – FEELS THERE IS A PROBLEM FOLLOWING RULES AND REGULATIONS AND SUGGESTED AN OVERSIGHT COMMITTEE. HE SAID THIS WILL GO ON FOR THE REST OF THE SUPERVISORS TERM WITH SOMETHING NEW AND QUESTIONABLE. WITH THE RULES IN PLACE THERE SHOULD BE NO QUESTIONS. HE WORKED AT THE GARAGE WHERE THE MOLD WAS THERE FOR 3 YEAR. SO TO NOT CONSULT THE BOARD MEMBERS AND THEY NOT KNOW ABOUT IT. OR THE WATER LINE THAT SHOULD HAVE BEEN PAID BY THE MUSIC CAMP. SECOND LAKE DEVELOPMENT DID IT ALL AND THEN THE TOWN TOOK IT OVER. 600FT OF THE LINE FOR THE MUSIC CAMP IS PROBABLY COST MORE THAN $30,000.
RON DEUEL SAID NO, IT WAS DONE IN HOUSE FOR LESS THAN $10,000.
GLENN SHIEL – ARGUED THAT IS NOT RON’S PLACE. AND FURTHER ARGUED THAT THINGS HAVE GONE ON FOR YEARS THAT IF HE HAD BROUGHT UP COULD HAVE COST HIM HIS JOB YEARS AGO. MR. MERLINO GAVE PERMISSION FOR AN OVERSIZED MOTOR TO BE USED ON THE LAKE. ALSO SETTING DIFFERENT PRICES AT THE TRANSFER STATION UNDER CERTAIN CIRCUMSTANCES. NO AUTHORITY. LET THE BOARD EARN THEIR $7,000.
MR. HERRING – ASKED IF DOCUMENTS ARE DATE STAMPED WHEN RECEIVED. CLERK ADVISED THAT LEGAL FILINGS SUCH AS A NOTICE OF CLAIM OR ATTORNEY DOCUMENTS RECEIVED BY THE CLERK ARE OFTEN STAMPED. BUT AS A RULE ALL KINDS OF DOCUMENTS ARE RECEIVED BY VARIOUS OTHER DEPARTMENTS EVERYDAY AND ARE NOT DATE/TIME STAMPED. MR. HERRING SAID THAT THE DOCUMENT REGARDING THE BOAT TRADE DEAL HAS ONLY A DATE ON IT AND HE WONDERS IF THE TOWN RECEIVED IT. A TRADE AGREEMENT. MR HERRING NOTICED DATES OF APRIL 2019 AND SPCIFIES WHAT WORK WOULD BE DONE IN 2018. CLAIMS REGARDING SERVICE OF THE BOAT AT NO EXTRA CHARGE IN 2018 AND IT IS DATE 2019.
MEETING ADJOURNED UPON A MOTION BY COUNCILMAN LEWANDOWSKI, SECONDED BY COUNCILMAN O’NEAL.
RESPECTFULLY SUBMITTED,
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CYNTHIA SHEROOD, TOWN CLERK, RMC