TOWN OF LAKE LUZERNE REGULAR TOWN BOARD MEETING OCTOBER 28, 2013

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1 1 SUPERVISOR MEETING CALLED TO ORDER AT 7 PM WITH THE FOLLOWING MEMBERS PRESENT: COUNCILMAN TRACKEY, COUNCILMAN DIEHL, COUNCILMAN WATERHOUSE. ALSO PRESENT ZEO SAHEIM, HIGHWAY SUPT DEUEL AND ATTORNEY FOR THE TOWN REGAN. ABSENT: COUNCILMAN CIRILLO FLOOR OPEN TO PUBLIC : NON VERBATIM SUMMARY OF LENGTHY DISCUSSION WITH CATHERINE CHARLES AND HER HUSBAND REGARDING COMPLAINTS OF DOGS RUNNING AT LARGE ON FENWAY. THEY ARE CONCERNED THAT LOOSE DOGS ARE A SAFETY HAZARD TO THEIR ELDERLY PARENTS WHO LIVE ACROSS STREET AND ENCOUNTER THE DOGS AT THE MAILBOX OR WHEN TAKING OUT THEIR OWN LITTLE DOG IN THAT THEY COULD BE KNOCKED DOWN. THEY REITERATED COMPLAINTS IN THE PAST ABOUT THE DOGS BARKING AND RUNNING LOOSE IN THE NEIGHBORHOOD. IT WAS STATED THAT THERE ARE FIVE DOGS THERE AND PROBLEMS HAVE BEEN GOING ON OVER TWO YEARS. A NEIGHBORHOOD PETITION WAS PRESENTED TO THE BOARD AT THAT TIME. THE DOGS WERE LOOSE TODAY. ATTORNEY REGAN - RECEIVED A CALL FROM THE DCO ON SEPT 10 TH A LETTER WAS SENT TO THE OWNER. ATTORNEY REGAN WILL MEET WITH THE NEIGHBORS WHO HAVE WITNESSED FIVE DOGS RUNNING LOOSE. ATTORNEY STATED THAT AFTER THE PETITION A LETTER WAS SENT AND HE THOUGHT THE ISSUE HAD SORT OF GONE AWAY. PAM THOMAS SAID IT SETTLED DOWN A LITTLE BIT. BUT STATED THEY QUIT CALLING BECAUSE NO ACTION WAS TAKEN. SUPERVISOR MERLINO TOLD DCO TODAY TO GET THE DOGS AND BRING THEM TO HER PLACE BUT THE DOGS WERE ON THEIR OWN PROPERTY. SUPERVISOR NOTED THE DOGS ARE PLAYFUL NOT VICIOUS. MR AND MRS CHARLES FILLED OUT A COMPLAINT FORM AT THE TOWN CLERK S OFFICE. SUPERVISOR ADVISED THAT IT WAS ACTUALLY THE DCO S RESPONSIBILITY TO FILL OUT THE COMPLAINT. ATTORNEY REGAN WILL MEET WITH THE CHARLES AND NEIGHBORS. BRUCE ROBBINS - PINE HILL COLONY NON VERBATIM SUMMARY OF LENGTHY DISCUSSION WITH THE BOARD ABOUT A WALL/PARKING AREA BUILT BY HIS NEIGHBOR THAT HE BELIEVES DOES NOT MEET THE PROPER SET BACK FROM THE PROPERTY LINE. THE ISSUE HAS GONE FROM THE PLANNING BOARD TO THE ZBA AND BACK TO THE PLANNING BOARD. HE MENTIONED HE MAY HAVE TO GET AN ATTORNEY TO GET THIS STRAIGHTENED OUT. HE HAS RETAINED A CONTRACTOR TO PUT IN DRAINAGE TO KEEP WATER AWAY. WATER CAME DOWN THE GULLY ACROSS THROUGH

2 2 THE BASEMENT INTO THE PLAYROOM. WATER IS WASHING AWAY THE DIRT FROM THE PILLARS UNDERNEATH. SUPERVISOR MERLINO ADVISED THAT THE BOARD MEMBERS WENT THERE TO LOOK AT THE PROPERTY AS WELL AS THE ATTORNEY. THE ISSUE WENT BACK TO ZONING. ATTORNEY REGAN FURTHER DISCUSSED THAT THE ZBA MADE A DETERMINATION IT WAS A STRUCTURE AND THE FACT THAT IT WAS A WALL HIGHER THAN 4 FEET IN THE FRONT YARD WERE TWO REASONS THAT THE ZBA DETERMINED THAT THE NEIGHBOR WOULD HAVE TO START OVER AGAIN TO GET A VARIANCE. IF THE VARIANCE WAS NOT FORTHCOMING HE WOULD HAVE TO DISMANTLE IT BECAUSE HE BUILT IT WITHOUT PERMISSION. THAT PROCESS HAS TO PLAY OUT. ZBA CHAIRMAN, STANLEY GOLDBERG STATED IF HE WANTS TO DO THE SITE PLAN AGAIN BACK TO THE PLANNING BOARD THAT IS THE PROPER WAY TO GO. ONCE IT COMES BACK TO THE ZBA, THEN A DETERMINATION IS MADE WHICH COULD BE A NUMBER OF MONTHS. SUPERVISOR MERLINO ADVISED THAT WARREN COUNTY DID NOT HAVE A PROBLEM WITH IT. BRUCE ROBBINS ADVISED THERE IS A BULGE IN THE WALL AND HE FEELS IT SHOULD HAVE BEEN ENGINEERED;, THAT IT IS CAUSING DAMAGE TO HIS PROPERTY AND IS STARTING TO COST MONEY. ASKED IF THERE IS SOMETHING WITHIN THE STATE THAT REGULATES WHERE WATER CAN RUN. ZEO SAHEIM WAS NOT AT THE MEETING TO CONFIRM WHETHER OR NOT THE OWNER OF THE WALL HAS COME BACK TO THE TOWN. FLOOR CLOSED RESOLUTION # 93 OF RESOLVED UPON A MOTION BY COUNCILMAN WATERHOUSE, SECONDED BY COUNCILMAN DIEHL TO PAY BILLS AS PRESENTED IN VOUCHERS NUMBERED ROLL CALL VOTE: COUNCILMAN TRACKEY, AYE, COUNCILMAN DIEHL, AYE, COUNCILMAN WATERHOUSE, AYE, SUPERVISOR MERLINO, AYE. RESOLUTION # 94 OF RESOLVED UPON A MOTION BY COUNCILMAN DIEHL, SECONDED BY COUNCILMAN TRACKEY: TO ACCEPT MINUTES OF MEETINGS HELD SEPT. 20 AND SEPT. 30 OF ROLL CALL VOTE: COUNCILMAN TRACKEY, AYE, COUNCILMAN DIEHL, AYE, COUNCILMAN WATERHOUSE, AYE, SUPERVISOR MERLINO, AYE. REPORTS: HIGHWAY SUPT. RON DEUEL NEXT WEEK IS FALL PICK UP

3 3 ATTORNEY ROBERT REGAN DISCUSSED ZONING LANGUAGE FOR HOME OCCUPATION. THE ZBA WAS CONSULTED AND AMENDED LANGUAGE. COPIES OF THE LANGUAGE HAVE BEEN GIVEN TO THE BOARD. GLENS FALLS NATIONAL BANK PARKING LOT - IF THE TOWN DOES WANT TO SELL THE PROPERTY IT WILL NEED PERMISSIVE REFERENDUM, THE COST OF WHICH IS BORN BY THE TOWN. ATTORNEY WOULD LIKE AN EXECUTIVE SESSION REGARDING ONGOING LITIGATION. RESOLUTION #95 OF RESOLVED UPON A MOTION BY COUNCILMAN WATERHOUSE, SECONDED BY COUNCILMAN DIEHL TO RESCIND RESOLUTION #89 OF 2013 REGARDING HOME OCCUPATION. ROLL CALL VOTE: COUNCILMAN TRACKEY, AYE, COUNCILMAN DIEHL, AYE, COUNCILMAN WATERHOUSE, AYE, SUPERVISOR MERLINO, AYE. RESOLUTION # 96 OF RESOLVED UPON A MOTION BY COUNCILMAN DIEHL, SECONDED BY COUNCILMAN WATERHOUSE TO ACCEPT AMENDED LANGUAGE FOR LOCAL LAW #3 OF 2013 PERTAINING TO THE ZONING ORDINANCE HOME OCCUPATION. ROLL CALL VOTE: COUNCILMAN TRACKEY, AYE, COUNCILMAN DIEHL, AYE, COUNCILMAN WATERHOUSE, AYE, SUPERVISOR MERLINO, AYE. RESOLUTION #97 OF 2013 RESOLVED UPON A MOTION BY COUNCILMAN WATERHOUSE, SECONDED BY COUNCILMAN DIEHL TO SET PUBLIC HEARING ON LOCAL LAW # 3 OF 2013, AS IT PERTAINS TO HOME OCCUPATION FOR NOVEMBER 25 TH AT 7 PM. ROLL CALL VOTE: COUNCILMAN TRACKEY, AYE, COUNCILMAN DIEHL, AYE, COUNCILMAN WATERHOUSE, AYE, SUPERVISOR MERLINO, AYE. TOWN CLERK REPORT: GAVE COPIES OF THE CLERK S MONTHLY FINANCIAL REPORT TO THE SUPERVISOR TO THE TOWN BOARD MEMBERS. READ LETTER FROM MARCIA BARROWS REGARDING SPEEDING ON DANIELS ROAD NOTING THAT IT IS A SHORT DEAD END ROAD WITH NO SPEED LIMIT SIGNAGE. CARS AND LOG TRUCKS ON THE ROAD WITH TWO BAD CORNERS. SHE IS ASKING FOR A SPEED LIMIT. HIGHWAY SUPT AGREED TO LOOK INTO THE ISSUE AND TAKE CARE OF IT.

4 4 LETTER FROM NYS D.O.T IN RESPONSE TO THE TOWN S LETTER OF JUNE 12 TH. THE STATE AGREES TO MARK TWO DISABILITY PARKING SPOTS IN FRONT OF THE PAVILION PARK ON ROUTE 9N. COUNCILMAN WATERHOUSE ADVISED HE CANNOT BE AT THE NOVEMBER MEETING. SUPERVISOR REPORT: RECEIVED LETTER FROM ADIRONDACK ASSOCIATION OF TOWNS AND VILLAGES ADVISING OF THE DUES. RESOLUTION #98 OF RESOLVED UPON A MOTION BY COUNCILMAN DIEHL, SECONDED BY COUNCILMAN TRACKEY TO PAY THE ANNUAL DUES TO THE ASSOCIATION OF TOWNS AND VILLAGES. ROLL CALL VOTE: COUNCILMAN TRACKEY, AYE, COUNCILMAN DIEHL, AYE, COUNCILMAN WATERHOUSE, AYE, SUPERVISOR MERLINO, AYE. RECEIVED LETTER FROM WARREN COUNTY YOUTH COMMISSION WHICH IS RUN BY THE SHERIFF S DEPARTMENT. THE PROGRAM PUTS YOUTHFUL OFFENDERS IN FRONT OF THEIR PEERS FOR JUDGMENT. THEY ARE LOOKING FOR ADDITIONAL FUNDING FROM THE TOWNS. RECEIVED LETTER FROM AT&T REGARDING THE CELL TOWER. THEY ARE WORKING ON A 4G UPDATE. AT THIS TIME THEY ARE TRENCHING ALONGSIDE THE ROADWAY UP TO THEIR BUILDING. ATTORNEY DID NOT FEEL A RESOLUTION WAS NECESSARY. GLENS FALLS NATIONAL BANK PARKING LOT - THE BANK WANTS TO BUY ROUGHLY 32 X75 FEET OWNED BY THE TOWN. SUPERVISOR IS ASKING IF THE BOARD WANTS TO APPROVE THIS, HE WILL THEN HAVE A PUBLIC HEARING WHICH IF THE PUBLIC AGREES, THE SUPERVISOR WILL HAVE IT SURVEYED OUT. IT IS THE PORTION BEHIND THE BANK THAT IS PAVED AND THEN ANOTHER 20 FT OR SO THAT IS DIRT. THEY WANT TO BUY IT FROM THE TOWN. THE GRASS PART ALONG THE BACK FENCE AREA WILL REMAIN WITH THE TOWN. THE GRASS PART ON THE RIGHT WILL REMAIN THE TOWN AND THE PORTION TO THE LEFT ALONG THE RAFTING BUILDING WILL REMAIN THE TOWN. ASSESSOR HAS REVIEWED THE.22 ACRE OUT OF 1.2 ACRES WHICH SHE VALUED AT $12,500 TO $17,500. THE BOARD FELT A MINIMUM OF $15,500 WOULD BE IN THE MIDDLE OF THAT EVALUATION. IF THE BOARD MOVED AHEAD WITH THIS,

5 5 A BOUNDARY LINE ADJUSTMENT WOULD BE DONE AFTER SURVEY SUBJECT TO PERMISSIVE REFERENDUM. COUNCILMAN DIEHL FEELS THE BOARD SHOULD CONTINUE IN THE DIRECTION OF SELLING IT TO THE BANK. THE ATTORNEY DOES NOT KNOW THE COST OF A REFERENDUM. THE TOWN WOULD RETAIN A RIGHT OF WAY TO THE REST OF THE TOWN PROPERTY. DISCUSSION OF PERMISSIVE AND MANDATORY REFERENDUM. RESOLUTION # 99 OF RESOLVED UPON A MOTION BY COUNCILMAN TRACKEY, SECONDED BY COUNCILMAN WATERHOUSE, TO HOLD A PUBLIC HEARING ON A POSSIBLE SALE OF PARKING LOT PROPERTY.22 ACRE TO THE GLENS FALLS NATIONAL BANK, SAID HEARING TO BE HELD ON NOVEMBER 25 TH 2013 AT 7 PM. ROLL CALL VOTE: COUNCILMAN TRACKEY, AYE, COUNCILMAN DIEHL, AYE, COUNCILMAN WATERHOUSE, AYE, SUPERVISOR MERLINO, AYE. POTASH BRIDGE REPAIR SUMMARY: SUPERVISOR SPOKE THAT THIS HAS BEEN WORKED ON FOR APPROX 2 YEARS AND THE TOWN HAS BEEN TIED UP WITH FEMA WHO OFFERED $243,000. IT WAS PUT OUT TO BID LAST MARCH AND THE LOW BID WAS $410, AND THE HIGH BID WAS $508, AT THAT TIME THE $410,825 DID NOT INCLUDE $50,000 FOR OUR ENGINEERING COSTS WHICH BROUGHT IT TO $460,000. FEMA WAS TO GIVE $243,000. SO WE WOULD HAVE HAD TO BOND $200,000. THE BOARD FELT THAT WAS TOO MUCH MONEY TO PUT ON THE TOWN AT THAT TIME. THE BOARD CONTINUED TO WORK WITH FEMA AND LOOK FOR ANOTHER TYPE OF BRIDGE THAT COULD COST $150,000. WITH THAT FEMA WAS CONTACTED TO SEE IF THEY WOULD GIVE THE $150,000 AND SAVE THE GOVERNMENT $100,000 AND THEY TURNED IT DOWN. THOSE BIDS WERE REJECTED AND THE SUPERVISOR CONTINUED TO WORK THROUGH THE SENATORS OFFICE AND CONGRESSMAN OWENS OFFICE. THEN IN SEPT., FEMA CONTACTED THE TOWN AND SAID WE COULD GO AHEAD WITH THE BRIDGE AND THEY WOULD PAY SOME OF THE DIFFERENCE. THE BOARD DID NOT ACCEPT THAT AND AN WAS SENT ASKING FOR MORE SPECIFIC COST COVERAGE. IN THE MEANTIME THE BRIDGE WAS BID OUT AGAIN IN OCTOBER AND BIDS WERE OPENED ON OCT 15 TH. LOW BID WAS $490,000. AFTER THAT COMMUNICATION CAME FROM FEMA OFFERING TO PAY THE MARCH LOW BID OF $410,825 THAT STILL DID NOT INCLUDE ENGINEERING COSTS. CHAZEN COMPANIES HAS AGREED TO WORK WITH HIGHWAY SUPT DEUEL TO SEE IF BIDDING OUT THE WORK IN PIECES WOULD WORK OUT BETTER FOR THE TOWN AND THEN SUBMIT THAT INFORMATION TO FEMA.

6 6 BOARD HAD A WORKSHOP ON THE TENTATIVE 2014 BUDGET. SUPERVISOR WOULD LIKE TO MOVE THAT BUDGET TO A PRELIMINARY STAGE AND SET THE PUBLIC HEARING ON THE BUDGET. SUPERVISOR ADVISED THAT THIS BUDGET HAS AN INCREASE OF 1.5 % INCREASE OVER LAST YEAR. INCREASES IN WORKER S COMPENSATION AND NYS RETIREMENT WERE DEALT WITH. RESOLUTION # 100 OF RESOLVED UPON A MOTION BY COUNCILMAN WATERHOUSE, SECONDED BY COUNCILMAN DIEHL TO MOVE THE TENTATIVE 2014 BUDGET TO A PRELIMINARY BUDGET AND SET A PUBLIC HEARING ON SAME FOR NOVEMBER 7 TH AT 7 PM. ROLL CALL VOTE: COUNCILMAN TRACKEY, AYE, COUNCILMAN DIEHL, AYE, COUNCILMAN WATERHOUSE, AYE, SUPERVISOR MERLINO, AYE. SUPERVISOR ADVISED THAT THE SIGN NEAR THE HUDSON GROVE BRIDGE WAS HIT BY A CAR AND DAMAGED. WE HAVE A DESIGN FOR A NEW SIGN THAT WILL BE DONE OVER THE WINTER. THE SIGN IS $800 THAT SHOULD BE REIMBURSED BY THE INSURANCE COMPANY. RESOLUTION #101 OF RESOLVED UPON A MOTION BY SUPERVISOR MERLINO, SECONDED BY COUNCILMAN WATERHOUSE: TO REJECT THE BIDS OPENED ON OCTOBER 15 TH REGARDING POTASH BRIDGE REPAIR AS TOO HIGH. ROLL CALL VOTE: COUNCILMAN TRACKEY, AYE, COUNCILMAN DIEHL, AYE, COUNCILMAN WATERHOUSE, AYE, SUPERVISOR MERLINO, AYE. BOARD CONVENED AS THE WATER BOARD UPON A MOTION BY SUPERVISOR MERLINO, SECONDED BY COUNCILMAN DIEHL. ROLL CALL VOTE: COUNCILMAN TRACKEY, AYE, COUNCILMAN DIEHL, AYE, COUNCILMAN TRACKEY, AYE, SUPERVISOR MERLINO, AYE. WATER BOARD: WATER BOARD CONSIDERED THE APPEAL SUBMITTED BY A RESIDENT ON THE HEIGHTS WHOSE EXPERIENCED A WATER LINE BREAK OVER THE WINTER THAT RESULTED IN A BILL OVER $1, THE HOMEOWNER IS A SEASONAL RESIDENT WHOSE BILLING HAS NEVER BEEN OVER THE BASIC $ SUPERVISOR DISCUSSED THAT THE WATER BOARD NEEDS TO GET TOGETHER AND LAY OUT A MORE STRICT PLAN/ POLICY FOR WATER PROBLEMS AND APPEALS.

7 7 COUNCILMAN DIEHL FELT THAT THIS WAS NO FAULT OF THE TOWN. COUNCILMAN TRACKEY FELT THAT THE BOARD HAS BEEN LENIENT WITH THE WATER METER SYSTEM AND THAT THE WATER METERING IS A WAY OF LOOKING AT THE WHOLE SYSTEM, FINDING LEAKS AND GETTING THEM REPAIRED. AND SINCE THE BOARD HAS ESTABLISHED A PATTERN IN THE PAST, HE IS IN FAVOR OF LENIENCY ON THIS ONE AS WELL AND THEN SETTING A NEW POLICY.. COUNCILMAN WATERHOUSE WE HAVE SET THAT PATTERN SUPERVISOR MERLINO AGREES WITH COUNCILMAN TRACKEY. COUNCILMAN TRACKEY MOVING FORWARD THIS FALL, EVERYONE NEEDS TO BE AWARE THAT IN SHUTTING DOWN YOUR PROPERTY, MAKE SURE IT IS RIGHT BECAUSE THE TOWN IS NOT GOING TO CONTINUE TO LOOK FAVORABLY ON THOSE KINDS OF SITUATIONS. RESOLUTION #102 OF 2013 RESOLVED UPON A MOTION BY SUPERVISOR MERLINO, SECONDED BY COUNCILMAN TRACKEY TO ADJUST ACCOUNT # 0270 TO $ FOR RE-LEVY. ROLL CALL VOTE: COUNCILMAN TRACKEY, AYE, COUNCILMAN DIEHL, NO, COUNCILMAN WATERHOUSE, AYE, SUPERVISOR MERLINO, AYE. HIGHWAY SUPT ALSO ADVISED FOR THE RECORD THAT THE BAKER LINE HAS BEEN LOWERED SO THERE WILL BE NO NEED FOR HIM TO RUN A BLEEDER THIS WINTER. BOARD AGREED THAT THEY WILL HOLD WATER WORKSHOP ON THESE ISSUES. MOTION BY COUNCILMAN DIEHL, SECONDED BY COUNCILMAN WATERHOUSE TO RECONVENE THE. ROLL CALL VOTE: COUNCILMAN TRACKEY, AYE, COUNCILMAN DIEHL, AYE, COUNCILMAN WATERHOUSE, AYE, SUPERVISOR MERLINO, AYE. FLOOR OPEN TO PUBLIC: BRUCE ROBBINS - ADVISED THE BOARD OF BEAVER DAM ACTIVITY UNDER THE SILVER BRIDGE. FRED MAYO - DISCUSSED COSTS OF MILFOIL AND THE BANK PARKING LOT. SALE WOULD BE OF ANOTHER TOWN ASSET. SUPERVISOR ADVISED THAT THE LEVEL OF THE LAKE WILL BE GRADUALLY BROUGHT BACK BEFORE THE LAKE FREEZES.

8 8 DOUG WOOD DISCUSSED THE SUCCESSFUL CHEMICAL TREATMENT OF MILFOIL IN THE SPOTS IT WAS USED. THE REGULAR MEETING ADJOURNED TO EXECUTIVE SESSION TO DISCUSS CURRENT LITIGATION WITH NO FURTHER ACTION TO BE TAKEN BY THE BOARD EXCEPT TO ADJOURN THE REGULAR MEETING UPON RETURN FROM EXECUTIVE SESSION. RESPECTFULLY SUBMITTED, CYNTHIA SHERWOOD, RMC