SPECIAL EMERGENCY TOWN BOARD MEETING
TOWN OF LAKE LUZERNE
SEPTEMBER 21, 2021 (6:30PM)
SUPERVISOR MERLINO CALLED THE MEETING TO ORDER AT 6:30 PM WITH THE FOLLOWING PRESENT: COUNCILMAN O’NEAL, COUNCILMAN LEWANDOWSKI, COUNCILMAN FAZIO, COUNCILMAN WATERHOUSE AND DEPUTY SUPERVISOR PAMELA PETTEYS.
ATTENDENCE WAS CALLED
PRIVILEGE OF THE FLOOR: OPEN FOR PUBLIC COMMENT/DISCUSSION ON AGENDA LEGISLATION ONLY
DONNA COVELL, LAKE AVENUE – INQUIRED ABOUT RESOLUTION 144 (WEB DIRECTOR), QUESTIONED WHY SHE WASN’T WORKING IN THE TOWN OFFICES AND WHY SHE WAS STILL BEING PAID AS TOURISM SEASON IS COMING TO AN END. COUNCILMAN WATERHOUSE STATED THAT SHE IS NOT AN EMPLOYEE OF THE TOWN, RATHER AN INDEPENDENT CONTRACTOR. FEELS THAT IF THE POSITION IS BEING EXTENDED THAT IT BE POSTED FOR OTHERS TO APPLY TO. THIS POSITION WAS POSTED AND JAIMEE WAS THE ONLY ONE TO RESPOND TO THE AD THAT WAS ON THE TOWN OF LAKE LUZERNE WEBSITE.
MOTION BY COUNCILMAN WATERHOUSE, SECONDED BY COUNCILMAN O’NEAL TO ACCEPT MINUTES FROM AUGUST 2, 2021 AGENDA MEETING AUGUST 9, 2021 REGULAR TOWN BOARD MEETING AUGUST 16, 2021 SPECIAL TOWN BOARD MEETING; AND AUGUST 23, 2021 SPECIAL TOWN BOARD MEETING AUGUST 27, 2021 SPECIAL TOWN BOARD MEETING. 4 IN FAVOR, NONE OPPOSED, 1 ABSTAINED, CARRIED 4/0
RESOLUTIONS:
RESOLUTION 133 OF 2021 TO ACCEPT THE RESIGNATIONS OF ATTORNEY FOR THE TOWN, DAVID MITCHELL, ESQ. AND TOWN CONSTABLE, JAMES FITZGERALD. (Introduced by Supervisor Merlino) SECONDED BY COUNCILMAN LEWANDOWSKI. 5 IN FAVOR, NONE OPPOSED. CARRIED 5/0.
RESOLUTION 134 OF 2021 TO AUTHORIZE THE TOWN OF LAKE LUZERNE TO RETAIN THE SERVICES OF MILLER, MANNIX, SCHACHNER & HAFFNER LAW FIRM AS PRESENTED. (Introduced by Supervisor Merlino), SUPERVISOR MERLINO EXPLAINED THIS WAS ONLY THROUGH THE END OF 2021. COUNCILMAN WATERHOUSE AND COUNCILMAN FAZIO ARE CONCERNED ABOUT HIRING THIS FIRM.
1 IN FAVOR, 4 OPPOSED. MOTION FAILED 1/4, COUNCILMAN O’NEAL, NO, COUNCILMAN LEWANDOWSKI, NO, COUNCILMAN FAZIO, COUNCILMAN WATERHOUSE, NO, SUPERVISOR MERLINO, AYE.
RESOLUTION 135 OF 2021: AUTHORIZING PAYMENT OF MONTHLY VOUCHERS OF THE 9TH ABSTRACT AS FOLLOWS: GENERAL VOUCHERS 27687-27757 $ 37,045.12, HIGHWAY VOUCHERS 27654-27686 $85,620.24, LAKE LUZERNE WATER FUND VOUCHERS 27639-27650 & 27758 $9,869.50 AND HUDSON GROVE WATER FUND VOUCHERS 27651-27653 $24,188.74. (Introduced by Councilman Waterhouse) SECONDED BY COUNCILMAN O’NEAL. 5 IN FAVOR, NONE OPPOSED. CARRIED 5/0.
RESOLUTION 136 OF 2021: AUTHORIZING BUDGET AMENDMENT FOR SEPTEMBER 2021 AS FOLLOWS:
FROM: SW18320.2 EQUIPMENT TO SW18320.4 POWER PUMP
$51,510.13 $51,510.13
TO CORRECT ACCOUNT/POSTING ERROR (Introduced by Supervisor Merlino) SECONDED BY COUNCILMAN WATERHOUSE. 5 IN FAVOR, NONE OPPOSED. CARRIED 5/0.
RESOLUTION 137 OF 2021: AUTHORIZING THE HIGHWAY SUPERINTENDENT TO MAKE A PURCHASE EXCEEDING THE $1500.00 PROCUREMENT POLICY THRESHOLD, FOR THE PURCHASE OF A “WATER LINE STOP” SERVICE, WHICH WILL ALLOW FOR CONTINUED WATER SERVICE, DURING A FIRE HYDRANT REPLACEMENT. THREE (3) QUOTES HAVE BEEN PROVIDED TO THE TOWN BOOKKEEPER AND AUTHORIZATION SHALL NOT EXCEED $5000.00. (Introduced by Councilman O’Neal). SECONDED BY COUNCILMAN FAZIO. ALL IN FAVOR, NONE OPPOSED. CARRIED 5/0
RESOLUTION 138 OF 2021: AUTHORIZING THE BUILDINGS AND GROUNDS DEPARTMENT TO MAKE A PURCHASE EXCEEDING THE $1500.00 PROCUREMENT POLICY THRESHOLD AND TO CONTRACT WITH A TREE REMOVAL COMPANY FOR REMOVAL OF A TREE ON THE CORNER OF MILL ST AND ROUTE 9N, THREE QUOTES HAVE BEEN PROVIDED TO THE TOWN BOOKKEEPER AND AUTHORIZATION SHALL NOT EXCEED $5000.00. (Introduced by Councilman Waterhouse), SECONDED BY COUNCILMAN FAZIO. ALL IN FAVOR, NONE OPPOSED. CARRIED 5/0.
RESOLUTION 139 OF 2021: RESOLUTION AUTHORIZING A FIFTY (50%) PERCENT REIMBURSEMENT PAYMENT TO TOWN OF LAKE LUZERNE LIFEGUARDS FOR THE COST OF THEIR CERTIFICATION FOR FISCAL YEAR 2021. REIMBURSEMENT AUTHORIZATION IS LIMITED TO FIFTY PERCENT OF THE COST OF CERTIFICATION AND SHALL NOT EXCEED $200.00 PER LIFEGUARD/SEASON. (Introduced by Councilman Lewandowski), SECONDED BY COUNCILMAN O’NEAL. ALL IN FAVOR, NONE OPPOSED. CARRIED 5/0.
RESOLUTION 140 OF 2021: RESOLUTION AMENDING RESOLUTION 112 OF 2021 (AUTHORIZING PURCHAE OF TWO FACIAL RECOGNITION TIME CLOCKS WITH TEMPERATURE DETECTION) BY INCREADING SPENDING AUTHORIZATION FROM $4000.00 TO $5000.00 TO ALLOW FOR EXTENDED WARRANTY PROTECTION. (Introduced by Councilman O’Neal), SECONDED BY COUNCILMAN FAZIO. ALL IN FAVOR, NONE OPPOSED. CARRIED 5/0.
RESOLUTION 141 OF 2021: RESOLUTION AUTHORIZING SUBMISSION OF A CLAIM AGAINST THE TOWN OF LAKE LUZERNE BY JOAN MIRAGLIA IN THE AMOUNT OF $1342.53 FOR ALLEGED DAMAGE TO HER VEHICLE WHILE TRAVELING THROUGH A TOWN OF LAKE LUZERNE HIGHWAY DEPARTMENT WORK ZONE TO THE TOWN’S INSURANCE COMPANY AND TO PAY THE DIFFERENCE BETWEEN WHAT THE INSURANCE COVERS OR PAY THE ENTIRE CLAIM IF THE INSURANCE DENIES PAYMENT. (Introduced by Councilman Waterhouse), SECONDED BY COUNCILMAN FAZIO. ALL IN FAVOR, NONE OPPOSED. CARRIED 5/0.
RESOLUTION 142 OF 2021: RESOLUTION AUTHORIZING SETTLEMENT OF A CLAIM AGAINST THE TOWN OF LAKE LUZERNE BY THERESA RIVERS IN THE AMOUNT OF $1239.50 FOR FLOWERS ORDERED IN OCTOBER 2020 BY SUPERVISOR MERLINO AND DELIVERED TO THE TOWN OF LAKE LUZERNE IN SPRING OF 2021. (Introduced by Councilman Waterhouse), SECONDED BY COUNCILMAN O’NEAL. ALL IN FAVOR, NONE OPPOSED. CARRIED 5/0.
RESOLUTION 143 OF 2021: RESOLUTION AUTHORIZING THE TOWN OF LAKE LUZERNE TO EXPAND THE TERMS OF THE CURRENT PROFESSIONAL SERVICES GRANT WRITING CONTRACT WITH TRACEY CLOTHIER. NEW AND ADDITIONAL SERVICES SHALL INCLUDE PROFESSIONAL SERVICES AS LAKE MANAGER AND PROFESSIONAL SERVICES AS COORDINATOR OF THE UPDATED COMPREHENSIVE PLAN. THE CURRENT CONTRACT WHICH RUNS THROUGH DECEMBER 31, 2021 IS HEREBY EXPANDED TO INCLUDE THE ABOVE DUTIES AND SCOPE OF SERVICES, WITH THE BUDGETED AMOUNT OF $10000.00 TOTAL FOR ALL SERVICES REMAINING CONSTANT. (Introduced by Councilman Waterhouse), SECONDED BY COUNCILMAN FAZIO. ALL IN FAVOR, NONE OPPOSED. CARRIED 5/0.
RESOLUTION 144 OF 2021: RESOLUTION AUTHORIZING AND APPROVING THE EXTENSION OF THE PROFESSIONAL SERVICES CONTRACT WITH JAIMEE (DEUEL) KRANZ AS WEB DIRECTOR FOR THE TOWN OF LAKE LUZERNE THROUGH DECEMBER 31, 2021 WITH AUTHORIZATION FOR FORTY HOURS PER MONTH AT THE CURRENT RATE OF TWENTY-FIVE ($25.00) DOLLARS PER HOUR. (Introduced by Councilman Lewandwoski), SECONDED BY COUNCILMAN WATERHOUSE. ALL IN FAVOR, NONE OPPOSED, COUNCILMAN FAZIO RECUSED HIMSELF. CARRIED 4/0.
RESOLUTION 145 OF 2021: RESOLUTION AUTHORIZING THE ISSUANCE OF A TOWN CREDIT CARD TO THE HIGHWAY SUPT. FOR MONTHLY PURCHASES AUTHORIZED BELOW THE PROCUREMENT POLICY THRESHOLD. (Introduced by Councilman Fazio), SECONDED BY COUNCILMAN LEWANDOWSKI. ALL IN FAVOR, NONE OPPOSED. CARRIED 5/0.
MOTION TO MOVE INTO WATER BOARD TO ADDRESS AN APPEAL OF WATER BILL FOR WATER SERVICES AT 875 LAKE AVE WAS MADE BY COUNCILMAN WATERHOUSE, SECONDED BY COUNCILMAN FAZIO. ALL IN FAVOR, NONE OPPOSED. CARRIED 5/0
RESOLUTION 146 OF 2021: AUTHORIZING A REDUCED WATER BILL FOR 875 LAKE AVE REDUCING THE BILL FROM $198.56 TO $125 AS REQUESTED BY CHARLOTTE WISELL. (Introduced by Councilman Waterhouse), SECONDED BY COUNCILMAN FAZIO. ALL IN FAVOR, NONE OPPOSED. CARRIED 5/0.
MOTION TO MOVE OUT OF TOWN WATER BOARD AND BACK INTO THE TOWN BOARD MEETING MADE BY COUNCILMAN O’NEAL, SECONDED BY COUNCILMAN WATERHOUSE. ALL IN FAVOR, NONE OPPOSED. CARRIED 5/0.
A MOTION BY COUNCILMAN WATERHOUSE, SECONDED BY SUPERVISOR MERLINO TO MOVE TO EXECUTIVE SESSION TO DISCUSS CONCERNS ABOUT HIRING THE LAW FIRM OF MILLER, MANNIX, SCHACHNER & HAFFNER LAW FIRM. 4 IN FAVOR, 1 OPPOSED. CARRIED 4/1.
RESOLUTION 147 OF 2021 – AUTHORIZING THE CLOSURE OF TOWN MEETING AND MUNICIPAL BUILDING ACCESS: EFFECTIVE IMMEDIATELY, PURSUANT TO NEW YORK STATE TOWN LAW CHAPTER 62, ARTICLE 4, SECTION 3 AND THE PUBLIC NOTICE POSTED BY THE TOWN BOARD OF SEPTEMBER 13, 2021. ALL TOWN MEETINGS SHALL BE HELD REMOTELY/VIRTUALLY VIA ZOOM THROUGHT JANUARY 15, 2022, THIS INCLUDES ALL MTOWN BOARD MEETING, ALL PLANNING BOARD MEETING AND ALL ZONING BOARD OF APPEALS MEETINGS, FURTHER, ALL MEETING WITH THE TOWN ASSESSOR OR TOWN ZONING/PLANNING OFFICE SHALL BE HELD BY APPOINTMENT ONLY. THE TOWN JUSTICE COURT SHALL CONTINUE UNDER THE DIRECTIO OF OCA (OFFICE OF COURT ADMINISTRATION), FURTHER EFFECTIVE IMMEDIATELY, ACCESS TO THE MAIN MUNICIPAL BUILDING (SENIOR CENTER EXCLUDED) SHALL BE ALLOWED DURING REGULAR BUSINESS HOURS ONLY, MONDAY-FRIDAY, 8:30AM TO 4:00 PM AND DURING REGULAR AND SPECIAL TOWN BOARD MEETINGS, PLANNING BOARD MEETINGS AND ZBA MEETINGS, ALL OTHER ACCESS MUST RECEIVE THE CONSENT OF THE TOWN BOARD. (Introduced by Councilman Waterhouse), SECONDED BY COINCILMAN O’NEAL. 4 IN FAVOR, 1 OPPOSED (SUPERVISOR MERLINO) CARRIED 4/1.
RESOLUTION 148 OF 2021 – AUTHORIZING CHECK SIGNING PRIVELEGES TO SUPERVISOR MERLINO AND COUNCILMAN WATERHOUSE. EFFECTIVE IMMEDIATELY PURSUANT TO NEW YORK STATE TOWN LAW CHAPTER 62 ARTICLE 4 SECTION 1, ALL ACHECK ISSUED BY THE TOWN OF LAKE LUZERNE SHALL REQUIRE THE SIGNATURE OF BOTHE SUPERVISOR MERLINO AND COUNCILMAN WATERHOUSE “THIS INCLUDES ALL CHECKS IN ANY AMOUNT, INCLUSIVE OF PAYROLL”, FURTHER ALL PAYROLL MUST BE REVIEWED AND CERTIFIED BY THE SUPERVISOR PRIOR TO PAYROLL BEING APPROVED FOR PAYMENT. THE SUPERVISOR MUST CERTIFY ALL PAYROLL TO ASSURE PAYROLL IS BEING ISSUED CONSISTENT AND IN FULL COMPLIANCE WITH THE EMPLOYER/EMPLOYEE POLICY IN EFFECT AS PASSED JANUARY 1, 2013, FURTHER THE SUPERVISOR MUST CERTIFY THAT ALL HOURS BEING PAID FOR EVERY HOURLY EMPLOYEE IS FOR THOSW HOURS ACTUALLY WORKED AND THAT OVERTIME IS NOT BEING PAID AT A FOUR (4) HOUR MINIMUM CALL IN AS SUPERVISOR MERLINO HAS AUTHORIZED IN THE PAST WITHOUT TOWN BOARD APPROVAL AND THAT RESOLUTION NO 85 OF 2021 BE REPEALED. (Introduced by Councilman Fazio) SECONDED BY COUNCILMAN LEWANDOWSKI. 4 IN FAVOR, 1 OPPOSED (SUPERVISOR MERLINO) CARRIED 4/1.
RESOLUTION 149 OF 2021 – THE SUPERVISOR SHALL NOT AND MAY NOT TRADE, SELL PURCHASE, LEASE, ACQUIRE OR DISPOSE OF ANY TOWN PROPERTY (REAL, PERSONAL INTELLECTUAL OR OTHERWISE) WITHOUT TOWN BOARD APPROVAL. ALL TOWN PROPERTY (REAL, PERSONAL, INTELLECTUAL OR OTHERWISE) MUST BE FULLY ACCESSIBLE TO EVERY TOWN BOARD MEMBER DURING REGULAR BUSINESS HOURS (M-F 9:00AM-4:00PM) (INTRODUCED BY COUNCILMAN FAZIO) SECONDED BY COUNCILMAN LEWANDOWSKI. 4 IN FAVOR, 1 OPPOSED (SUPERVISOR MERLINO) CARRIED 4/1.
A MOTION TO BY COUNCILMAN FAZIO TO REMOVE PAMELA PETTEYS AS DEPUTY SUPERVISOR AND RE-APPOINT COUNCILMAN WATERHOUSE, MOTION FAILED, THE DEPUTY SUPERVISOR IS THE APPOINTMENT OF THE SUPERVISOR.
RESOLUTION 150 OF 2021 – RESOLUTION TO RETAIN SERVICES OF THE LAW FIRM OF FITZGERALD MORRIS BAKER AND FIRTH PC THROUGH DECEMBER 31, 2021. (INTRODUCED BY COUNCILMAN WATERHOUSE) SECONDED BY COUNCILMAN FAZIO. 4 IN FAVOR, 1 OPPOSED (SUPERVISOR MERLINO) CARRIED 4/1.
SUPERVISOR MERLINO QUESTIONED THE BOARD ABOUT THIS FIRM AND HOW MUCH THEY KNOW ABOUT THIS FIRM
REPORTS:
TOWN CLERK REPORT- DEPUTY TOWN CLERK LORRI HOLCOMB – SUBMITTED TOWN CLERK MONTHLY REPORT, ZEO REPORT AND DCO REPORTS TO THE BOARD FOR AUGUST. CORRESPONDENCE IS IN YOUR PACKETS.
HIGHWAY SUPERINTENDENT RON DEUEL – ASKED THE HOW THEY BOARD FEEL ABOUT PURCHASING A TRUCK FOR THE WATER DEPARTMENT THAT CAN BE STOCKED WITH ALL WATER TOOLS AND USED EXCLUSIVELY FOR WATER. SUPERVISOR MERLINO FEELS THAT BUYING A TRAILER AND STOCKING IT WITH EVERYTHING WOULD BE THE BETTER WAY TO GO LIKE CONSTRUCTION COMPANIES HAVE AND IT WOULD BE LESS EXPENSIVE. THE BOAD AGREED. RON WILL LOOK INTO THAT AND SEE WHAT THE OPTIONS ARE, GOING TO HOLD OFF ON THE PULL BEHIND GRADER UNTIL NEXT YEAR, BUT WOULD LIKE TO GET A MAN LIFT FOR BRUSHING, BUILDINGS AND GROUNDS COULD ALSO USE. IT DRIVES DOWN THE ROAD AND IS OPERATED FROM THE BUCKET, IT WILL BE TALL ENOUGH TO GET TO THE UMBRELLAS OF THE TREES, A 60 FOOTER, MORE TREE UMBRELLAS TAKEN OUT LETS MORE SUN SHINE ON THE ROADS WHICH LEADS TO LESS SALT USE IN THE WINTER, THIS WOULD BE INSPECTED EVERY YEAR, OSHA APPROVED. BOARD SUGGESTED CHECKING WITH THE INSURANCE COMPANY, COUNCILMAN LEWANDOWSKI SUGGESTED GETTING QUOTES, $50K RANGE, MAYBE GET FROM FUND BALANCE. WOULD LIKE TO TRANSFER $2500 OUT OF FUND BALANCE TO REPLACE SAWS THAT WERE STOLEN, HAVEN’T REPLENISHED, DID RECEIVE ABOUT $4500 FROM INSURANCE.
RESOLUTION 151 OF 2021 – AUTHORIZING A TRANSFER OF $2500 FROM HIGHWAY FUND BALANCE TO DA5112 TO COVER SAW PURCHASES. (INTRODUCED BY COUNCILMAN O’NEAL) SECONDED BY COUNCILMAN LEWANDOWSKI. ALL IN FAVOR, NONE OPPOSED. CARRIED 5/0.
HIGHWAY SUPT REPORT CONTINUED, DEC IS COMING TO DISCUSS UPGRADES TO PIKES BEACH AND THE Y IN BUTTERMILK, THEY HAVE MONEY TO REIMBURSE THE TOWN, THIS WOULD BE A TWO YEAR PROJECT, IT WOULD BE MOVING ROCKS, REPLACING FIRE PLACES ETC. WILL GIVE THEM AN ESTIMATE. SUPERVISOR MERLINO WOULD LIKE TO SEE AN AGREEMENT WITH THE SCOPE OF WORK AND AUTHORIZATION TO GO ON THE PROPERTIES . FOURTH LAKE CAMPGROUND WANTS TO CONNECT TO MUNICIPAL WATER AND WOULD LIKE TO BE ON THE AGENDA. THEY WOULD BE RESPONSIBLE FOR ALL COSTS AND THEY WOULD HAVE TO PAY FOR HYDRANT REPLACEMENT AS PART OF IT, WATER USE WOULD BE MINIMAL. THREE OF MY GUYS WENT TO WATER GLASS, ALL PASSED AND CAN START WORKING IN CLORINATION. ALL HOURS WORK ON THE WATER SYSTEM WOULD GO TOWARDS THEIR REQUIRED HOURS BEFORE THEY COULD BE ON THEIR OWN. WOULD LIKE TO GET WITH THERESA RIVERS TO HAVE A TOUR OF THE SYTEM.
COUNCILMAN WATERHOUSE – HUDSON HEADWATERS, STILL NEEDS PARTS FOR THE ELECTRICAL WORK.
COUNCILMAN FAZIO – NOTHING
COUNCILMAN LEWANDOWSKI – NOTHING
COUNCILMAN O’NEAL – NOTHING
SUPERVISOR MERLINO – NOTHING
PRIVILEGE OF THE FLOOR: OPEN FOR PUBLIC COMMENT/DISCUSSION OF TOWN MATTERS.
LINDA MERLINO – CAMERA SHOULD BE SHOWING THE ENTIRE BOARD, IF NOT ALLOWING TOWN’S PEOPLE TO MEETINGS.
RAYL ZUBAL – ASKED AGAIN ABOUT HEALTH INSURANCE TEMPORARY EMPLOPYEES.
FRED ZUBAL – WONDERED WHY THE POST STAR WAS AT THE MEETING BECAUSE THEY USUALLY ARE NOT AND ASKED ABOUT A MEETING AT WATERHOUSE RESTAURANT AND WAS TOLD IT WAS A REPUBLICAN COMMITTEE MEETING. SUPERVISOR MERLINO STATED THAT HE WAS NOT INFORMED THAT THERE WAS A MEETING SCHEDULED.
COUNCILMAN FAZIO – THERE ARE A LOT OF MESSAGES COMING THROUGH, WE CAN NOT ANSWER QUESTIONS LIKE THAT – JAMIE IS NOT HERE AS SHE HAD NOT YET BEEN APPOINTED AND DID NOT FEEL IT WAS APPROPRIATE TO BE HERE.
HERRING – RE-ITTERATED PREVIOUS ALLEGATIONS REGARDING THE BOAT, MONEY.
STAN GOLDBERG – ASKED IF SUPERVISOR MERLINO WILL HAVE AN OPPORTUNITY TO SPEAK TO THE AUDITORS, MR. MERLINO SAID YES HE WILL, BUT HASN’T YET.