Minutes of the Town of Lake George Town Board Meeting held on Monday, September 10, 2018 at the Town Center, 20 Old Post Road, Lake George, New York.

Transcription

1 Minutes of the Town of Lake George Town Board Meeting held on Monday, September 10, 2018 at the Town Center, 20 Old Post Road, Lake George, New York. Members Present: Also Present: Dennis Dickinson, Supervisor Vincent Crocitto, Councilperson Daniel Hurley, Councilperson Marisa Muratori, Councilperson Nancy Stannard, Councilperson Deb Foley, Town Clerk; Dan Barusch, Director of Planning and Zoning; Lori Barber, Assessor; Robert Blais, Joe Mastrodomenico, Harrison Freer, Aaron Frankenfeld, Valerie Deane, Brian Kirch, Audrey Burneson, Jean Jenkin, Thom Randall, Paul McClane, Suzy Tyrer, Paul & Amy Chambers, Dan Daniger, Ann McGarry, Joseph Russo, Dana M. Seguljic, Mike Seguljic, Bonnie Powers, Jim Grey, Carol Bell Supervisor Dickinson opened the regular meeting of the Town Board at 6:30pm. Assessor Lori Barber led the Pledge of Allegiance. A motion was made by Councilperson Crocitto and seconded by Councilperson Stannard to approve the minutes of the August 13, 2018 meeting. All in favor. Motion carried. RESOLUTION BY THE TOWN BOARD OF THE TOWN OF LAKE GEORGE ADOPTING LOCAL LAW # TO AMEND THE TOWN CODE CHAPTER 117 PARKS, BEACHES AND PLAYGROUNDS RESOLUTION # , Introduced by Councilperson Stannard and seconded by Councilperson Muratori. WHEREAS, the Town has recently completed a draft amendment to Town Code Chapter 117, Article II; and WHEREAS, the Town Board held a duly-noticed Public Hearing on the proposed Local Law May 14, 2018 at which the Board took comments from all interested parties on proposed amendments to Chapter 117; and WHEREAS, the Town Board determined through SEQR that their amendment to the Town Code would not result in any significant adverse environmental impacts, and the Town Board therefore issued a Negative Declaration Determination of Nonsignificance on May, with respect to the proposed amendment to Chapter 117 to the Town Code; and

2 WHEREAS, the Town Board finds that the proposed amendments to the Town Code Chapter 117 will benefit the environment and the health, safety and welfare of the Town s residents and the Lake; NOW, THEREFORE IT IS HEREBY RESOLVED, that in accordance with NYS Town Law and Municipal Home Rule Law, the Town Board of the Town of Lake George hereby approves and adopts Local Law # to amend Lake George Town Code Chapter 117, Article II, substantially in form approved, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Lake George Town Clerk to submit the approved Local Law #2-2018, to the New York State Secretary of State for filing, in accordance with the provisions of the Municipal Home Rule Law, and acknowledges that the Local Law will take effect upon the Town Clerk receiving confirmation of the Local Laws filing by the Secretary of State, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a copy of this Resolution and a copy of approved Local Law # to the Warren County Planning Department, and BE IT FURTHER RESOLVED, that the Town Board authorizes and directs the Town Clerk, the Town Director of Planning and Zoning and/or Town Counsel to take any other actions necessary to effectuate the intent and provisions of this Resolution. Ayes: 4 Crocitto, Muratori, Stannard, Dickinon Noes: 1 Hurley Absent: Dan Barusch, Director of Planning and Zoning then explained the issue with the short term rentals in the Town and how the Town will try to manage these properties regarding septic capacity, parking, garbage and whether these properties are strictly in residential zones. There will be permits required for these rentals and eventually there will be occupancy tax collected. The Planning and Zoning office will be getting reports by Host Compliance and following up on the rentals. BY THE TOWN BOARD OF THE TOWN OF LAKE GEORGE AUTHORIZING AGREEMENT WITH HOST COMPLIANCE TO PROVIDE CONSULTING SERVICES RELATED TO SHORT TERM RENTAL COMPLIANCE RESOLUTION # , Introduced by Councilperson Stannard and seconded by Councilperson Crocitto. WHEREAS, the Town of Lake George (the Town ) has recently been working on amendments to the Zoning Code, specifically one such amendment which will regulate the short term rentals of single family dwellings and other residential structures; and WHEREAS, following the public workshop with the Town Board on the proposed amendments, the Director of Planning and Zoning was tasked with obtaining quotes from companies that assist

3 with compliance and enforcement of short term rental use, to which two (2) companies submitted proposals for; and WHEREAS, such proposals were evaluated by the Planning and Zoning Department, with a follow up presentation requested of and given by the low bidder, and the low bidder Host Compliance was selected by the Planning and Zoning Department as the best consultant for the proposed rental compliance; and WHEREAS, the Town Board was in agreement with the Planning and Zoning Departments selected consultant, and for giving the Town Supervisor authorization to enter into an agreement with said consultant; THEREFORE, BE IT RESOLVED, that the Town is hereby authorized to engage in an Agreement with the chosen consultant, which was identified as the company Host Compliance, to provide professional consulting services related to the enforcement and compliance of short term rentals in the Town, for a fixed fee not to exceed $6,500 per annum, for a term commencing January 1, 2019 and terminating on December 31, 2021; and BE IT FURTHER RESOLVED, that the Town Board authorizes the Town Supervisor to sign the Consultant Agreement in form acceptable to Town Supervisor and Town Counsel, and authorizes and directs the Town Supervisor, Town Clerk, Town Comptroller, and Town Director of Planning and Zoning to sign such other documents and take such actions as are necessary to effectuate this Resolution. Duly adopted this 10 th day of September by the following vote: Ayes 4 Crocitto, Muratori, Stannard, Dickinson Noes 1 Hurley Dan Barusch then spoke about the Caldwell Sewer Project which is ongoing the report states the following three choices- replace, repair and consolidate. He explained some of the funding and the grants and the capital improvement plan. RESOLUTION BY THE TOWN BOARD OF THE TOWN OF LAKE GEORGE AUTHORIZING AGREEMENT WITH KENYON PIPELINE INSPECTION (KPI) TO PROVIDE CONTRACTING SERVICES RELATED TO THE CALDWELL SEWER DISTRICT PHASE II SLIPLINING PROJECT RESOLUTION # , Introduced by Councilperson Hurley and seconded by Councilperson Crocitto. WHEREAS, the Town of Lake George (the Town ) has recently been awarded grant funding from NYS Environmental Facilities Corporation (EFC) to complete rehabilitation work of the substandard infrastructure in the Caldwell Sewer District in the Town of Lake George; and WHEREAS, the grant is in the amount of $343,000, for the purpose of conducting numerous infrastructure upgrade scope of work items as part of a larger Caldwell Sewer District

4 remediation project (the Phase II Project ), and the Town will utilize said grant from the EFC to (a) develop a formal bid packet and project manual and provide construction phase professional services, and (b) hire a construction contractor to complete the components identified in the Phase II Project bid packet/project manual; and WHEREAS, following the Town s execution of the Grant Contract Agreement with EFC, a formal Project Bid was developed pursuant to General Municipal Law Section 103, and published on August 20 th for contractors to respond to by 2pm on September 5 th, to which four (4) firms submitted bids for the Phase II Project; and WHEREAS, such project bids were read aloud at a Bid Opening at Town Hall on Wednesday September 5, 2018 at 2pm, and further evaluated by the Town Planning and Zoning Office, the Town s Designated Engineer (Chazen Companies) and the Town Board through a formal bid analysis and recommendation process; and WHEREAS, the Town Board is in agreement to contract with the identified lowest bidder, which was Kenyon Pipeline Inspection (KPI), giving the Town Supervisor authorization to enter into an agreement with KPI for the Phase II Project based on a final identified cost; THEREFORE, BE IT RESOLVED, that the Town is hereby authorized to engage in a Contractual Services Agreement with the chosen contractor, which was identified as KPI, to provide contracting services related to the Caldwell Sewer District Phase II Project for a unit priced contract of $201,020. Additionally the Town Board hereby authorizes the Supervisor to sign agreements and charge orders for both professional engineering services and construction services up to the total project budget of $343,000. BE IT FURTHER RESOLVED, that the Town Board authorizes the Town Supervisor to sign the Contractual Services Agreement in form acceptable to Town Supervisor and Town Counsel, and authorizes and directs the Town Supervisor, Town Clerk, Town Comptroller, and Town Director of Planning and Zoning to sign such other documents and take such actions as are necessary to effectuate this Resolution. Fred Vogel then asked to speak about Orcutt Bay. He stated that he is one of the people that anchors in Orcutt Bay with several other people. He stated that the Park Commission was called numerous times by a homeowner on the shore of the bay. The homeowner has done numerous things to try and discourage people from anchoring in the Bay. Mr. Vogel stated that they stay at least 200 away from the shore and that the park commission has actually ticketed the homeowner. Supervisor Dickinson stated that the Town Board is working with the DEC and the Park Commission about establishing a few moorings (3 or 4). Supervisor Dickinson explained the 200 barrier. Councilperson Muratori stated that it s the rafting which causes problems, which is boats

5 tying up together. Keith Jenner then explained that he also rafts in Orcutt Bay. The Board then discussed some of the other bays on the Lake and the issue of Orcutt Bay with Mr. Vogel and Mr. Jenner. RESOLUTION TO RAISE SHAW ROAD WEIGHT LIMIT TO 56,000 POUNDS RESOLUTION # , Introduced by Councilperson Stannard and seconded by Councilperson Hurley. WHEREAS, the Town Board of the Town of Lake George desires to raise the weight limit on Shaw Road from 40,000lbs to 56,000lbs to accommodate fire trucks and emergency vehicles. NOW THEREFORE BE IT RESOLVED, that the weight limit for Shaw Road, in the Town of Lake George shall be 56,000lbs. Dan Barusch suggested that Kevin Hajos, Highway Superintendent for the Warren County send something in writing regarding the change in weight limit. Dan Barusch then addressed the Board regarding the Caldwell Sewer Report prepared by Chazen and explained that the assessment for Caldwell Sewer District was all paid for with grant money. He would like this stated for the record because there is misinformation being repeated. New York State is very happy that we are covering two, possibly three phases with grant money. The Caldwell Sewer district tax payers will not bear any of the burden going into the upgrades. That will not be true regarding the waste water treatment plant. The Town will be half owners of the new plant with the Village of Lake George. The numbers projected for the tax payers in the Caldwell Sewer District are calculated in the back of the report and the Town would like to wait to hear about the grant that was submitted for pumps. If the Town doesn t get the grant money the Town will look at a cheaper option and look at consolidation down the road. If the Town does get the funds the Board will decide which option to go with. RESOLUTION 139 AUTHORIZING THE SUPERVISOR TO ACCEPT THE 2019 ROADWAY MAINTENANCE AGREEMENT WITH WARREN COUNTY FOR SNOW AND ICE RESOLUTION # , Introduced by Councilperson Crocitto and seconded by Councilperson Stannard to enter into an intermunicipal agreement with Warren County for Roadway Maintenance at a cost of $16, for snow and ice removal and $ for mowing.

6 Discussion by board regarding Jeff Adams, IT Supervisor and the NESS invoice and request for payment. There is a question of the procurement policy. The Town Supervisor can authorize a payment up to $1,000 without getting approval from the Board. Councilperson Muratori stated that the Comptroller is concerned that the Town is not following the procurement policy and Supervisor Dickinson explained this is not part of that, it is a bill to be paid to an outside contractor. RESOLUTION TO APPOINT ELIZABETH RAMOS TO THE BOARD OF ASSESSMENT REVIEW RESOLUTION # , Introduced by Councilperson Stannard and seconded by Councilperson Crocitto to appoint Elizabeth Ramos to the Board of Assessment Review for a five year term. RESOLUTION AUTHORIZING SETTLEMENT OF PROPERTY ASSESSMENT CASES FILED BY CHARLES H. TALL REVOCABLE TRUST RESOLUTION # , Introduced by Councilperson Crocitto and seconded by Councilperson Muratori. WHEREAS, Charles H. Tall Revocable Trust ( Petitioner ) filed Article 7 Real Property Assessment Review cases against the Town challenging the 2015, 2016 and 2017 assessments on real property located at 19 Ahnonwarah Road (tax map ), 20 Ahnohwarah Road (tax map ) and Lakeshore Drive (tax map ); and WHEREAS, it appears to be in the best interests of the Town to avoid the significant costs that would result if the litigation continues and goes to trial; and WHEREAS, the Town Assessor now recommends proposed settlement terms which have been negotiated with Petitioner and the School District; NOW THEREFORE BE IT RESOLVED, that the Town Board hereby approves the proposed settlement of the tax assessment cases filed by Petitioner for assessments years 2015, 2016 and 2017.

7 RESOLUTION SEASONAL PARKS AND LIFEGUARD STAFF RESOLUTION # , Introduced by Councilperson Muratori and seconded by Councilperson Stannard. WHEREAS, the Town of Lake George no longer has a need in Buildings and Grounds to extend seasonal employment. NOW THEREFORE BE IT RESOLVED, that the Town of Lake George move $10,000. From B Seasonal Parks and Lifeguard to B Contingency. RESOLUTION TO HIRE A FULL TIME BUILDINGS & GROUNDS LABORER RESOLUTION # , Introduced by Councilperson Crocitto and seconded by Councilperson Stannard. WHEREAS, the Town of Lake George has a need to hire a full time laborer in the Buildings and Grounds Department; and WHEREAS, Jim Martino, head of Buildings & Grounds recommend the hiring of James Farmer to fill the full time position. NOW THEREFORE BE IT RESOLVED, that James Farmer will go from a Seasonal Parks and Lifeguard Staff employee to a full time laborer in Buildings and Grounds at a rate of $14.75 per hour.

8 RESOLUTION TO AMEND SECTION 802 VACATION LEAVE OF THE TOWN OF LAKE GEORGE EMPLOYEE HANDBOOK RESOLUTION # , Introduced by Councilperson Stannard and seconded by Councilperson Muratori. WHEREAS, the Town of Lake George amends the Employee Handbook for all employees hired after May 1, 2016 and after to state that vacation time will be given to new employees based on their anniversary date instead of a January date. New employees may not accumulate vacation leave credits and still must use their credits within a year of receiving such time by their next anniversary date. NOW THEREFORE BE IT RESOLVED, that the Town of Lake George amends their employee handbook for new employees to state that vacation time will be given to new employees on their anniversary date of the first year and then, thereafter, new employees will receive vacation time on January 1st of each year. New employees may not accumulate vacation leave credits and still must use their credits within a year of receiving such time. In the event a new employee is hired nearing the January 1st date and is unable to take vacation time, they will follow the policy of Resolution # Vacation Carryover. RESOLUTION TO APPROVE BUDGET TRANSFERS RESOLUTION # , Introduced by Councilperson Crocitto and seconded by Councilperson Stannard to approve the following budget transfers: For salary through 12/13/18 for Jim Fitzgerald, Animal Control $2, from A Control of Animals to A Control of Animals Dept of Head Salaries. For ecode360 Annual Maintenance Fees & General Code Analysis $2,195. From A Contingency to A Town Clerk Gen Cod Pub.

9 RESOLUTION TO ACCEPT DONATIONS RESOLUTION # , Introduced by Councilperson Crocitto and seconded by Councilperson Stannard to accept the following donations to the Town: Elizabeth Kenny Trolley donation $ Eastern Coast Breweriana Asso Trolley donation $ Yankee Marine Group YC Soccer Sponsorship $ Gillis Boat Repair YC Soccer Sponsorship $ COMMITTEE REPORTS Councilperson Stannard - Caldwell Sewer District Report - 4 man hours were spent exercising valves in both pump stations. 2 man hours spent on videoing the sewer main on Latham Road after a phone call from 2 Latham Rd about a possible sewer back up. No issue was found and the homeowner was notified that the issue was in their lateral, 6 man hours spent cleaning sewer main on Bloody Pond Road after a routine inspection showed the flow was restricted, 4 man hours spent unplugging check valve in the upper and lower pump stations, 35 man hours spent installing conduit and wiring for new SCADA system, 10 man hours spent inspecting several lines for Chazen to complete the required work on the Notice of Violation, overtime charge for 1 person for a power failure on 8/17/2018 at both upper and lower pump stations - $47.26 Supervisor s Report - Jeff Adams is working on an IT department budget and there is an outline of a cybersecurity plan. Councilperson Crocitto owns land that abuts property owned by the Town. It is encroaching on the Town. The proposal is to do a boundary line adjustment. Supervisor would like to set a public hearing before the next Town Board meeting. 6pm on October 15th. Planning and Zoning 1. Septic Initiative Grant Septic Initiative project - roughly 80-85% complete Inventory analysis update progressing (Phase 3&4); Mapping at 80% (Tasks 1&2) Detailed outline for report completed (Tasks 1 &2) Future training session / public workshop set for October and November 2018 (Task 3) Algae testing round 3 completed (Task 4) 2. MS4

10 SWPPP/SPDES inspections (MCM4) on 8/29 Commercial Education Campaign executed 50+ brochures distributed 1 SWPPP Review and acceptance Dollar General 3. Route 9 Gateway Project DOT Close out completion sent to OSC staff for release of $380+/- refund 4. Climate Action Plan 8/14 Conference Call re: NRI work and map/gis collection Natural Resource Inventory and mapping underway 5. American Battlefield Protection Program Grant LG Battlefield Park Study Final Draft at 98% (management plan done), ready to print in next 2 weeks Final Report submittal expected at the end of September 6. Climate Smart Communities / Go Green Committee Agenda developed for 9/11 meeting Full committee meeting w/ CAP presentation 7. Warren County Bikeway Extension Project (A-GFTC) Public Workshop September 10, 530pm Town Hall 8. LGEP DPW Consolidation Study Grant Kick-off Meeting w/ Stakeholders (8/21) Data Collection/Inventory started 100%, 80%, 0%) 9. WQIP Lakeview Circle SW projects Grant Property easement letters developed and ready for mailing 10. WQIP Slip-lining Phase 2 project Grant Project Manual / Formal 90% Bid to be published week of 9/10 and close week of 9/ EFC Slip-lining Phase 1 project Grant ($343k) Formal Bid completed, published (8/20), closed (9/5) and opening (9/5, 2pm) 4 bids recv d Property owner easement letters for work sent out (1 returned, 3 others picked up) 12. 0EPG Caldwell Sewer Engineers Report Grant Report 100% Completed and submitted to DEC/EFC for review and approval Second $50k of $100k grant funds being requested in September remember, no cost to Town 13. French Mountain Park Project Finalization of documents w/ attorneys and LGLC re: CE agreement/purchase (purchase Jan. 2019) 14. Planning and Zoning Office 6 LUD permits; 83 Zoning inquiries; 5 Certificates of completion; 2 Septic permit; 1 Unified Solar Permit Weekly inspections on sites (once a day for Doug, twice a week for Dan and Doug) Review SPR applications for August meeting (SPR17, 18, )

11 Planning Board meeting (8/14); August minutes, September packages, August PB debrief Review ZBA applications submitted for September meeting (AV8 and ) Zoning Board meeting (9/5); September packages, September ZBA debrief 4 Compliance Letters 69 Vandecar, Dollar General Construction, Brian Warren 9N, Christine s restaurant SWCD Wetlands Training Course (Dan and Doug) ½ day on 8/15, full day on 8/17 Complaints and follow-up with DOH on bedbugs at Legacy Inn Investigation, inspection and order of replacement audio recording software for Council Room from Ray Audio 15. Dan administrative / General Overhead Meetings with various Board Members throughout weeks 4 Town Board resolutions drafted (Host Compliance Agreement, KPI Agreement, Ch.117 finals) 1 SPR/ZBA Pre-submission meetings (8/29) Various meetings with Engineers and clients for project review / proposals E.coli meeting with LGA, DEC, etc. (8/21) Town Board Meeting (9/10) Website updates to P&Z, Septic Initiative and B&G pages Ch. 117 Amendments adopted? Draft Ch.96 Amendments Orcutt Bay (80%) Comprehensive zoning revisions status (90%) APA Review completed (100%) Held Review meeting w/ APA (8/30) and ironed out all comments/updated Sent final revised draft to APA for potential approval (9/5) Potential for Town Board hearing and adoption process to start in October PRIVILEGE OF THE FLOOR Paul McClane addressed the Board regarding the strip of lakefront known as Dog Beach. He stated that the Million Dollar Beach issue could not be caused by Dog Beach. He read a publication from the DEC stating that there was no proof that dog s contaminated the water. He stated that dogs do not go to the bathroom in the water. He stated that the reason that people don t go to Million Dollar Beach is that the lifeguards rope off large portions of the beach and people are crammed into a tiny section and that when lifeguards are not available they close the beach. He also believes that the rules are too restrictive. Supervisor Dickinson stated that he is working with New York State to find an equitable solution for all and is hoping to hear back from them soon. Jim Daninger then addressed the Board regarding Dog Beach. He stated that his eight year old golden retriever loves to go to the beach. A motion was made by Supervisor Dickinson and seconded by Councilpersonto adjourn the regular Town Board meeting was made by Supervisor Dickinson and seconded by Councilperson Crocitto at 8:50pm. All in favor.

12 Motion carried. Minutes typed by Katharine Erceg Respectfully submitted, Deb Foley, RMC Town Clerk