Wednesday, September 18, 2019

Row over ROW continues in Lake Pleasant

LPTB Sept 4 2019

Row over ROW continues in Lake Pleasant
By Pete Klein
LAKE PLEASANT--A regular meeting of the Lake Pleasant Town Board was held on September 4 at the Lake Pleasant Municipal Center.
Right of Way (ROW) owner Dick Eliezer addressed the Resolution passed by the Board at the last meeting pertaining to the Town removing personal property on 175 Golf Course Road.
He says it is illegal for the Town to remove items because the items are on State land. Randy Southard another ROW owner says that the platform that is on the property was built by him in 1973 for all the kids to use.
Councilperson Nancy Seifts asked for the name of Dick Eliezer’s expert lawyer. He said he would not give out his name.
Richard Meyers told the Board that the State of New York’s land runs to 20 feet past the highwater mark (towards Golf Course Rd.).
Supervisor Dan Wilt said that 12 lakes within the Adirondack Park have established mean highwater marks, including Sacandaga Lake; he is going to check with the Attorney on what the Town’s legal rights are of removing personal items on 175 Golf Course Rd.
ROW owner Stephanie Smith informed the Board that there has been a newly formed association called 175 Golf Course Road Association, that wants the Board to turn over the Town’s ownership and the Abstract that was done Mountain Abstract Company Inc. of 175 Golf Course Rd. Smith stated that the ROW owners’ were not notified about the resolution made at the last meeting about the Town removing personal property on 175 Golf Course Road.
Highway Superintendent Randy Lavarnway asked the Board what he should do about removing the personal property from 175 Golf Course Rd.
Supervisor Dan Wilt will be contacting the Attorney and establish the mean high watermark.
Elisabeth Weaver has been hired by the Town as a laborer at the Transfer Station. The parking lot expansion at Fish Hatchery at the southern end of Perkins Clearing Road has been put on hold because NYS Department of Environmental Conservation and APA is not in agreement.
Lavarnway will be meeting with DEC, APA, DOT and Lyme Timber on what can be done to solve the problem.
Construction at the Primary Care Center to solve the water problem has been started and should be done by tomorrow. The highway crew dug up the sewer line and discovered the ground water was two feet above the foundation. The footing drains were not working. Drainage was changed so water would not be going inside the building.
Councilperson Nancy Seifts asked if Lavarnway has gotten a chance to put the old sign up at the Gazebo at the Library and paint the stairs, he said they are on his to do list.
After reviewing the proposal that Willard Reynolds from BST to do an audit for 2019 and help with the AUD, the board adopted the proposal.
The Procurement policy presented by Councilperson Cristine Meixner was open for discussion. Superintendent Lavarnway asked about sole source situation Item B can be tricky. He doesn’t want to be personally responsible.
Changes were made the policy was tabled further discussion.
Bob Benkovich Code Enforcement Officer asked that Zoning Law In Place signs be posted at the entrances to the Town, the Board agreed.
Lavarnway will investigate the signs with NYS DOT and what the requirements are.
The board passed a resolution to make a dues payment to the Adirondack Park Local Government Review Board for 2020 in the amount of $300.
Supervisor Wilt reported receiving a letter from Adirondack Action, asking the Town to sign an MOU to petition DOT to use less salt on the roads.
Superintendent Lavarnway opposed the signing and said more study needs to be done. No action on the MOU was taken.
Budget Officer Mark Crary notified the Board that all department heads must have their budget preparation reports into him by Sept. 20 for the 2020 Budget.
Richard Meyers asked the Board members if they have read the abstract on 175 Golf Course Rd. most of them have, he said he has read it twice and does not agree with all the findings.
Councilperson Seifts said the Southern Adirondack Library System SALS has been looking at different SALS library websites using bots to look for copyright infringements and photos of children, both require written permission. She wondered if the Town is insured in case of misuse. Richard Meyers said that the policy is called an errors and omissions policy.
Councilperson Meixner said the cable TV contract expires Oct. 31. Supervisor Wilt will investigate a new contract. No other cable company serves the Town of Lake Pleasant.

Editor’s note: This story is based upon the minutes of Deborah O’Rourke, Town Clerk.

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