TOWN OF LAKE LUZERNE REGULAR TOWN BOARD MEETING OCTOBER 14, 2008

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1 MEETING WAS CALLED TO ORDER BY SUPERVISOR MERLINO AT 7:00 PM WITH THE FOLLOWING PRESENT: COUNCILMAN MCLAIN, COUNCILMAN SHIEL, COUNCILMAN DIEHL: ABSENT COUNCILMAN WATERHOUSE AND HIGHWAY SUPT CLUTE. ALSO PRESENT ATTORNEY RUSSELL THARP, ZEO SAHEIM. SUPERVISOR OPENED A PUBLIC HEARING REGARDING AN AMENDMENT TO THE TOWN ORDINANCE TO ALLOW FOR ALTERNATES TO THE PLANNING AND ZONING BOARDS. ALTERNATES WOULD ATTEND MEETINGS AND THEN SIT IN THE ABSENCE OF REGULAR MEMBERS. ROBERT FORTE SPOKE IN FAVOR OF THE ALTERNATES IN THAT SOMETIMES A SUPER MAJORITY IS NEEDED TO DEAL WITH AN ISSUE MEANING A 4-1 VOTE ON A 5 MEMBER BOARD. IF THERE IS A MEMBER ABSENT, THERE IS NO WAY TO GET A SUPER MAJORITY. SUPERVISOR LEFT THE HEARING OPEN FOR FURTHER COMMENT AND MOVED ON WITH THE MEETING. FLOOR OPEN TO THE PUBLIC. DIANE HASTINGS OUTLINED THE MISSION OF THE FOOD PANTRY WHICH IS CURRENTLY RUN BY THE CHURCHES. THEY ARE IN NEED OF MORE SPACE. SHE NOTED THAT IN TOWNS WHERE CHURCHES DO NOT RUN THE FOOD PANTRY, THE MUNICIPALITY DOES. SUPERVISOR ADVISED THAT AT THE LAST MEETING OF THE BOARD THE FOOD PANTRY WAS DISCUSSED AS TO WHETHER THERE WOULD BE A PLACE IN THE NEW COMPLEX FOR OPERATION. THE BOARD WAS NOT IN FAVOR OF HAVING THIS OPERATION RUN OUT THE ROUTE 9N COMPLEX. SUPERVISOR WOULD LIKE TO HAVE THE GROUP COME TO A WORKSHOP MEETING WITH THE BOARD NEXT WEEK FOR FURTHER DISCUSSION. MICHAEL BERKELEY PASTOR OF THE PRESBYTERIAN CHURCH. HE ADDRESSED CHURCH AND STATE ISSUES. IT IS NOT THAT THE STATE WOULD SPONSOR A CHURCH ORGANIZATION,. IT WOULD BE A USE OF SPACE. CURRENTLY FOOD PANTRIES ARE ALLOWED TO RECEIVE FEDERAL FUNDS USED TO DELIVER FOODS BUT NOT ALLOWED TO SHARE FAITH BASED MATERIALS. BROCHURES CANNOT BE PUT IN FOOD BASKETS OR BAGS. HE ASKED THE BOARD TO CONSIDER THE REQUEST.

2 2 THE THRIFT SHOP HANDLES SO MUCH THAT THERE IS NOT ROOM FOR THE FOOD STORAGE AT THAT LOCATION. HARRY CRONIN - SPOKE ON BEHALF OF THE FOOD PANTRY AND THE EXPANDED NEED IN THE COMMUNITY FOR THIS SERVICE. ROBERT BALL - ASKED IF THERE IS ANYTHING TO REPORT ON THE MONT LUZERNE PROJECT. SUPERVISOR SAID HE RECEIVED A GENERAL TOUCHING BASE CALL ON HIS ANSWERING MACHINE FROM THE DEVELOPER THAT HE HAS NOT RETURNED. ATTORNEY ADVISED THAT THE ENGINEERING FIRM REPRESENTING THE TOWN SHOULD REQUEST THAT INFORMATION NOT BE SENT TO THE TOWN A PIECE AT A TIME BUT TO WAIT FOR A MORE COMPREHENSIVE REPORT. ENGINEERS HAS RECEIVED CERTAIN REPORTS, MR. ZEE HAD SAID EACH STUDY WOULD BE GIVEN AS IT WAS COMPLETED IN ORDER TO AVOID HUGE AMOUNTS OF PAPER AT ONCE. MR. BALL SAID THERE IS A SKIDDING AND LOGGING OPERATION THAT HAS GONE ON DAILY SINCE JULY IN THE LOCATION OF PHASE I. ATTORNEY ADVISED THAT THE ISSUE IS WHETHER TAKING THE LOGS IN THAT QUANTITY IS A VIOLATION OF ANY TOWN ORDINANCE FOR CLEARING LAND. THE TOWN HAS NO KNOWLEDGE OF ANY MOVING FORWARD WITH THE PROJECT. ZEO ADVISED THAT THERE IS A RULE ABOUT CLEAR CUTTING LAND WHICH HE WILL CHECK. HE WILL CONTACT THEM TO SEE WHAT IS GOING ON AT THE SITE. TINA CROKE OF RALPH ROAD AGREED WITH MR. BALL AS TO THE LOGGING OPERATION AT THAT LOCATION AND REVISITED A DISCUSSION WITH THE TOWN CLERK ABOUT OBTAINING A WATER TABLE REPORT FROM CHAZEN. CLERK DID HAVE A DISCUSSION WITH CHRIS ROUNDS ABOUT THE WATER TABLE AND WAS TOLD THAT THE INFORMATION WOULD BE INCLUDED IN UPCOMING REPORTS. DAVID KNOWLES OF CHAZEN COMPANIES ADVISED THAT HE WORKS WITH CHRIS ROUNDS AND AS FAR AS THEY KNOW THE PROJECT HAS BEEN DORMANT FOR MONTHS IN PART BECAUSE OF THE ECONOMY AND IN PART BECAUSE THE ENVIRONMENTAL REVIEW MOVES VERY SLOWLY. THE TOWN REALLY WANTS TO SEE A COMPLETE DOCUMENT NOT PIECES OF STUDY. MR. KNOWLES DOES NOT BELIEVE THAT CUTTING TREES IS A DISTURBANCE TO THE LAND COVERED UNDER THE SEQRA PROCESS.

3 3 SUPERVISOR CLOSED THE PUBLIC HEARING ON AMENDMENT TO THE TOWN ORDINANCE ALLOWING FOR ZONING AND PLANNING ALTERNATES. ATTORNEY SUGGESTS THAT 2 ALTERNATES BE APPOINTED TO EACH OF THE BOARDS. UNDER THE LAW THE CHAIRPERSON DECIDES WHO SITS. RESOLUTION #121 OF RESOLVED UPON A MOTION BY SUPERVISOR MERLINO, SECONDED BY COUNCILMAN SHIEL, TO AMEND THE TOWN ORDINANCE TO ALLOW FOR 2 ALTERNATES ON BOTH THE PLANNING BOARD AND ZONING BOARD OF APPEALS, THE FORMAL LANGUAGE OF WHICH WILL BE PROVIDED BY THE ATTORNEY FOR THE TOWN. ROLL CALL VOTE: COUNCILMAN MCLAIN, AYE, COUNCILMAN SHIEL, AYE, COUNCILMAN DIEHL, AYE, SUPERVISOR MERLINO, AYE. BOARD TO REVIEW PRIOR APPLICATIONS. RESOLUTION # 122 OF RESOLVED UPON A MOTION BY COUNCILMAN DIEHL, SECONDED BY COUNCILMAN MCLAIN TO ACCEPT TOWN BOARD MINUTES DATED SEPTEMBER 8, 18, AND 26 TH. ROLL CALL VOTE: COUNCILMAN MCLAIN, AYE, COUNCILMAN SHIEL, AYE, COUNCILMAN DIEHL, AYE, SUPERVISOR MERLINO, AYE.: RESOLUTION # 123 OF RESOLVED UPON A MOTION BY COUNCILMAN MCLAIN, SECONDED BY COUNCILMAN SHIEL, TO: PAY THE MONTHLY VOUCHERS AS PRESENTED. ROLL CALL VOTE: COUNCILMAN MCLAIN, AYE, COUNCILMAN SHIEL, AYE, COUNCILMAN DIEHL, AYE, SUPERVISOR MERLINO, AYE. ABSTRACT TOTALS: GENERAL FUND $45, HIGHWAY FUND 16, SW1 WATER 5, SW2 WATER JOINT YOUTH REPORTS: ACT MILFOIL COMMITTEE ROBERT SHERMAN WATER MATS WERE MOVED AGAIN LAST WEEK. APPROX 22,000 SQ FT WHICH WILL BE LEFT OVER THE WINTER. 11,000 SQ FT LOCATED BY

4 4 WAYSIDE BEACH AND THE REST NEAR THE PROPERTY OF WILLIAM CAMPBELL. THE PROCESS IS VERY LABOR INTENSIVE BUT IT DOES WORK, PLANS TO CONTINUE MATTING NEAR CAMPBELL PROPERTY AND TO START MATTING THE SOUTH END OF THE LAKE. THE COMMITTEE IS WORKING WITH MR. DUFFY OF THE SCHOOL ON THE TRAINING AND USE OF STUDENTS TO HELP WITH THE HARVESTING WORK. ZEO REPORT ALLEN SAHEIM GAVE CAMPGROUND AND MOBILE HOME PARK PERMIT REPORTS. NUMBER OF BUILDING PERMITS ARE DOWN BUT VIOLATIONS SEEM TO BE UP. THERE IS ANOTHER SEPTIC ISSUE FOR WHICH THE TOWN BOARD WILL HAVE TO MEET AND REVIEW FOR A HOME ON BAY DRIVE,. THERE IS AN ENGINEERED PUMP SYSTEM PROPOSED FOR THIS PROPERTY. HE WOULD LIKE TO HAVE THIS PRESENTATION AT A SPECIAL MEETING. CATS IN THE LAKE LUZERNE TRAILER PARK ARE ALSO MENTIONED IN THE REPORT. RESOLUTION # 124 OF RESOLVED UPON A MOTION BY COUNCILMAN SHIEL, SECONDED BY COUNCILMAN DIEHL, TO APPROVE PARK AND CAMPGROUND PERMITS FOR ALL LOCATIONS ON ZEO REPORT EXCEPT FOR #1 AND #3 MOBILE HOME PARKS WHOSE PERMITS WILL BE CONTINGENT ON THE REPAIRS AND REMEDIES OUTLINED IN THE REPORT AND A MEETING OF THE OWNERS OF THE PARK. ROLL CALL VOTE: COUNCILMAN MCLAIN, AYE, COUNCILMAN SHIEL, AYE, COUNCILMAN DIEHL, AYE, SUPERVISOR MERLINO, AYE. A SPECIAL MEETING WAS SET FOR OCT 22, AT 6:00 PM FOR SEPTIC REVIEW, FOOD PANTRY AND MOBILE HOME PARKS AND ANY OTHER BUSINESS THAT MAY BECOME BEFORE THE BOARD. TOWN CLERK CORRESPONDENCE: CYNTHIA SHERWOOD READ LETTER OF RESIGNATION FROM MELANIE FUERST RESIGNING FROM BOTH THE ZONING BOARD OF APPEALS AND THE BOARD OF ASSESSMENT REVIEW.

5 5 RESOLUTION # 125 OF RESOLVED UPON A MOTION BY SUPERVISOR MERLINO, SECONDED BY COUNCILMAN SHIEL, TO ACCEPT WITH REGRET THE RESIGNATION OF MELANIE FUERST FROM THE ZONING BOARD OF APPEALS AND THE BOARD OF ASSESSMENT REVIEW. ROLL CALL VOTE: COUNCILMAN MCLAIN, AYE, COUNCILMAN SHIEL, AYE, COUNCILMAN DIEHL, AYE, SUPERVISOR MERLINO, AYE. READ A THANK YOU FROM THE HISTORICAL SOCIETY FOR ONGOING SUPPORT OF REPAIRS TO THE BUILDING. TIMBER BIDS WERE OPENED AT 5:00 PM FOR CUTTING OF MARKED TIMBER AROUND THE TRANSFER STATION (COMPARTMENT 5)AS FOLLOWS: AMERICAN TREE COMPANY $ 26,613,35 MILL RIVER LUMBER 28, JAMES PECK LOGGING 21, HOLLOW LOGGING 29, BIDS WERE ALSO OPENED FOR ASBESTOS REMOVAL AND DEMOLITION AT 15 RAMSEY PLACE: SUNSTREAM CORP $ 14,000 DENNIS KEITH 4,900 NEOPLANTA RESTORATION 8,900 MRF ABATEMENT SERVICES 17,400 EDGECO ENVIRONMENTAL 7,800 CAPITAL ENVIRONMENTAL 16,900 SULLIVAN CONTRACTING 12,000 OP TECH 11,478 SUNSHINE ENVIRONMENTAL 13,200 H&H 5,230 KEK EXCAVATING 8,800 DEMOLITION: M&D CONSTRUCTION 12,949 DAVIE FRUEH CONTRACTING 13,600 OP TECH 23,500 SUNSHINE ENVIRONMENTAL 21,000 STONEWALL MANAGEMENT 16,000

6 6 JON GILLES 13,620 H&H DEMOLITION AND HAULING 11,895 TRADEMARK DEMOLITION 9,850 DAN S HAULING AND DEMO 15,200 KEK EXCAVATORS 15,740 KINIRY EXCAVATION INC. 14,750 THE BOARD WILL REVIEW THESE BIDS ON OCTOBER 22 ND. FOR PROPER INSURANCE ETC. ATTORNEY REPORT: RUSSELL THARP ADVISED BOARD THAT THE TOWN SHOULD TAKE ACTION IN THE NEXT STEP REGARDING PROPERTY AT 7 RIVER ROAD AND DIRECT CHAZEN COMPANY TO EVALUATE AS TO WHETHER THERE ARE ANY HAZARDOUS MATERIALS ON THAT PROPERTY AS THERE HAS BEEN NO WORD FROM MR. BENNETT OR HIS ATTORNEY REGARDING THE ISSUES OUTLINED IN THE RESOLUTION OF AUGUST 13 TH. ATTORNEY THARP WILL ADVISE MR BENNETT S ATTORNEY THAT THIS NEXT STEP IS BEING TAKEN AS PART OF AN ORDERLY PROCESS OUTLINED BY STATUTE AND ORDINANCE.. RESOLUTION # 126 OF RESOLVED UPON A MOTION BY COUNCILMAN MCLAIN, SECONDED BY COUNCILMAN SHIEL: TO RETAIN CHAZEN COMPANIES ENGINEER TO EVALUATE THE BUILDING ON 7 RIVER ROAD TO DETERMINE IF THERE IS ANY HAZARDOUS MATERIAL AT THAT SITE. ROLL CALL VOTE: COUNCILMAN MCLAIN, AYE, COUNCILMAN SHIEL, AYE, COUNCILMAN DIEHL, AYE, SUPERVISOR MERLINO, AYE.. COUNCILMAN MCLAIN HIGHWAY SUPT HOPES THAT WARREN COUNTY WILL COME BACK NEXT WEEK TO PAVING ON HOWE ROAD. COUNCILMAN DIEHL - FENCE IS INSTALLED BETWEEN THE HIGHWAY GARAGE AND THE TRANSFER STATION. SUPERVISOR REPORT: REPORTED ON THE RESULTS OF KEEPING THE TRANSFER STATION OPEN ON SUNDAY OVER THE SUMMER. INCOME WAS EXPENSES PAYROLL WERE COVERED BY THAT AMOUNT.

7 7 VANARE DAM PROJECT STARTED LAST WEEK. IT WILL COST 250, AND SHOULD BE FINISHED BY END OF NOVEMBER AND WATER CAN BE RAISED BACK UP TO NORMAL LEVEL. BOARD WILL RECONSIDER APPLICATIONS ON FILE FOR THE ZBA IMMEDIATE VACANCY. ALSO AN AD WILL BE PUT OUT FOR MORE LETTER OF INTEREST TO FILL ADDITIONAL SPOTS. EMPLOYEE POLICY : HIGHWAY SUPT ASKED THAT THE POLICY BE AMENDED TO INCLUDE ADDITIONAL LONGEVITY INCREMENTS FOR 25 AND 30 YEAR SERVICE. RESOLUTION #127 OF RESOLVED UPON A MOTION BY SUPERVISOR MERLINO, SECONDED BY COUNCILMAN MCLAIN, TO AMEND THE EMPLOYEE POLICY TO EXTEND LONGEVITY TO 25 YEAR EMPLOYEES AT A RATE OF $48.75 AND 30 YEAR EMPLOYEES AT A RATE OF $58.50 WHICH IS THE RATE SCHEDULE CURRENTLY ESTABLISHED WITHIN THE POLICY. ROLL CALL VOTE: COUNCILMAN MCLAIN, AYE, COUNCILMAN SHIEL, AYE, COUNCILMAN DIEHL, AYE, SUPERVISOR MERLINO, AYE. BEGINNING NOVEMBER 1 ST IN ORDER TO SAVE ON FUEL AND WEAR AND TEAR ON VEHICLES SUPERVISOR WOULD LIKE TO INSTITUTE A WINTER SCHEDULE FOR RECYCLING AND FOR THE TRANSFER STATION. RESOLUTION #128 OF RESOLVED UPON A MOTION BY COUNCILMAN DIEHL, SECONDED BY COUNCILMAN SHIEL, THAT BEGINNING NOVEMBER 1 ST THROUGH MAY 1 ST THE TRANSFER STATION BE CLOSED SUNDAY. MONDAY AND TUESDAY, AND FURTHER RESOLVED THAT RECYCLING BE PICKED UP ON THE 1 ST AND 3 RD OF EACH MONTH. ROLL CALL VOTE: COUNCILMAN MCLAIN, AYE, COUNCILMAN SHIEL, AYE, COUNCILMAN DIEHL, AYE, SUPERVISOR MERLINO, AYE. SUPERVISOR MET WITH SCHOOL ADMINISTRATOR REGARDING THE AMOUNT CHARGED FOR TAKING SCHOOL REFUSE TO OUR TRANSFER STATION. THE SCHOOL WOULD LIKE A REDUCTION AS THEY ARE TRYING A RECYCLING PLAN THAT SHOULD REDUCE THE TONAGE. OUT RECORDS SHOW APPROX 58 TONS LAST YEAR.. ADMINISTRATOR WILL GET BACK TO THE TOWN ON THE DISCUSSION AFTER SHE HAS RESEARCHED OTHER AVENUES FOR TRASH HAULING. SUPERVISOR IS GETTING NUMEROUS COMPLAINTS ABOUT DOGS AND CATS.

8 8 REGARDING DOG COMPLAINTS: CAN THE TOWN REFUSE TO GO TO A DOG COMPLAINT CALL IF THE PERSON COMPLAINING REFUSES TO SIGN A COMPLAINT? ATTORNEY ADVISED THAT THE ANIMAL CONTROL OFFICER DOES NOT HAVE TO ACT ON A COMPLAINT THAT THE COMPLAINANT REFUSES TO SIGN. TIMBER BIDS: COUNCILMAN DIEHL SUGGESTS THE TOWN ACCEPT THE HIGH BID OF HOLLOW LOGGING AS WE HAVE DEALT WITH THEM BEFORE,. RESOLUTION #129 OF RESOLVED UPON A MOTION BY COUNCILMAN DIEHL, SECONDED BY COUNCILMAN SHIEL, TO ACCEPT THE HIGH BID OF HOLLOW LOGGING IN THE AMOUNT OF $29, CONTINGENT UPON OPINION OF TOWN FORRESTER, CHRIS GEARWAR. ROLL CALL VOTE: COUNCILMAN MCLAIN, AYE, COUNCILMAN SHIEL, AYE, COUNCILMAN DIEHL, AYE, SUPERVISOR MERLINO, AYE. COUNCILMAN MCLAIN: THERE IS A FLU CLINIC ON NOVEMBER 13 TH AT THE FIRE HOUSE AND WARREN COUNTY IS COMING TO FIRE HOUSE ON NOVEMBER 10 TH FOR 1 HOUR FOR HEAP APPLICANTS. RESOLUTION # 130 OF RESOLVED UPON A MOTION BY COUNCILMAN SHIEL, SECONDED BY COUNCILMAN MCLAIN, TO ACCEPT THE TENTATIVE BUDGET FOR 2009 AS THE PRELIMINARY BUDGET AND TO SET A PUBLIC HEARING ON THE PRELIMINARY BUDGET FOR OCTOBER 27 TH AT 7:00 PM. DISCUSSION: SUPERVISOR WILL HAVE TO CHECK THAT DATE. FLOOR OPEN TO PUBLIC: TINA CROKE ASKED ABOUT PROGRESS ON NEW COMPLEX. SUPERVISOR OUTLINED THE WORK IN PHASE ONE AND PHASE TWO AND HOPES WE CAN MOVE INTO PHASE ONE BY CHRISTMAS. MOTION BY COUNCILMAN MCLAIN, SECONDED BY COUNCILMAN DIEHL TO ADJOURN AT 8:00 PM. ALL IN FAVOR. RESPECTFULLY SUBMITTED, CYNTHIA SHERWOOD, TOWN CLERK