Board Meeting
January 5, 2010
The Organizational Meeting of the Town Board of the Town of Lexington was called to order on January 5, 2010 at 7:05 P.M., by Supervisor Greg Cross at the Lexington Municipal Building, followed by the pledge of allegiance. The elected officials were installed by a Notary - Elizabeth Hapeman before the meeting and they signed their Oaths of Office.
PRESENT:
Supervisor ....................................... Greg Cross
Council Members......……..….......… John Berger
Glenn Howard
Keith Mellott
Lynn Byrne
Town Clerk .......................….............Rose Williams
Superintendent of Highways .....…..... Frank Hermance
OTHERS PRESENT: Ray Albino, Ronald & Mary Cline, Mike & Bea Sainato, Lois Jenkins, June Frasier, Michael Hermance, Paul Van Valkenburgh, Elizabeth Hapeman, Dixie Lou Baldrey, Kenneth Bloodgood, Nicholas Palermo, Elaine Fekner, Trudy Daley, and Mike Ryan from the Windham Journal.
Executive Session
Resolution # 1-10
Open Executive Session
On a motion by Council Member Glenn Howard, seconded by Council Member Lynn Byrne, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, & Berger
Nays - 0
This Town Board moves to go into Executive Session to discuss personnel issues. Time: 7:10 PM.
Resolution # 2-10
Close Executive Session
On a motion by Council Member Glenn Howard, seconded by Council Member Keith Mellott, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, & Berger
Nays - 0
This Town Board moves to close the Executive Session and return to the regular meeting. Time: 7:33 PM
Supervisor Cross said that he would like to express his thanks to former Supervisor Dixie Baldrey for leaving the office in fine shape and taking the time to go over the books with him, and thanks to the Town Clerk, Rose, for providing him with answers to his many questions.
Financial Report
Supervisor Greg Cross asked if there were any questions regarding the Yearly Financial Report for 2009 as presented. Trudy Daley explained the financial report and a discussion was held.
Resolution # 3-10
Approve Financial Report
On a motion by Council Member Lynn Byrne, seconded by Council Member Keith Mellott, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, & Berger
Nays - 0
This Town Board approves the Financial Report as presented by the Supervisor.
Resolution # 4-10
Approve Year End Meeting
On a motion by Council Member John Berger, seconded by Council Member Lynn Byrne, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, & Berger
Nays - 0
This Town Board approves the minutes from the Year-End Meeting which was held on December 28, 2009.
Transfers
Resolution # 5-10
APPROVE TRANSFERS
On a motion by Council Member Glenn Howard, seconded by Council Member Keith Mellott, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, & Berger
Nays - 0
This Town Board shall make the following transfers in the:
General Fund: From: Town Clerk, Equipment (A1410.2) == $66.82
To: Town Clerk, Contractual (A1410.4) == $66.82
Highway Fund: From: Brush & Weeds, Contractual (Fuel) ===== $4,958.24
To: Machinery, Contractual (DA5130.4) ===== $2,063.04
To: Truck Reserve, Truck Repair (DA9950.9) = $2,895.20
Resolution # 6-10
TOWN BOARD MONTHLY MEETING NIGHT
On a motion by Council Member Keith Mellott, seconded by Council Member Glenn Howard, the following resolution was
ADOPTED - Ayes - 5 – Cross, Byrne, Howard, Mellott, Berger
Nays - 0
Resolved, that this Town Board designates the First Tuesday of each month at 7:00 PM to be the regular meeting night of the Town Board of the Town of Lexington, and the meetings will be held at the 3542 Route 42, Municipal Building.
Resolution # 7-10
CALLING SPECIAL MEETINGS
On a motion by Council Member Lynn Byrne, seconded by Council Member Keith Mellott, the following resolution was
ADOPTED - Ayes - 5 -, Cross, Byrne, Howard, Mellott, Berger
Nays - 0
It is resolved, that Special Meetings may be called by the Supervisor, provided that 72 hours advance notice be given to Town Board Members, when practical, and that the Supervisor will call a Town Board meeting at the request of two or more Town Board Members.
Resolution # 8-10
DESIGNATION OF BANKS
On a motion by Council Member Keith Mellott, seconded by Council Member Glenn Howard, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, Berger
Nays - 0
Resolved, that this Town Board does hereby designate the Bank of Greene County of Tannersville, Tannersville, NY and the NBT Bank, NA., of Grand Gorge, NY, as the official depositories for the Town of Lexington funds for the year 2010, pending the investigation of fees -- as long as they are comparable or less than the former bank, Key Bank.
It further resolves, that all funds guarantee a third part Collateral Agreement with the following institution, the NBT Bank, NA, custodian Bank of New York (BNY), and the Bank of Greene County is still pending.
Resolution # 9-10
INVESTMENT OF IDLE MONIES
On a motion by Council Member Lynn Byrne, seconded by Council Member John Berger, the following resolution was
ADOPTED - Ayes - 5 – Cross, Byrne, Howard, Mellott, Berger
Nays - 0
Resolved, that this Town Board hereby authorizes the Town Supervisor to invest idle moneys to MMD’s, CD’s, Treasury Notes, Treasury Bills, and Treasury Bonds at the above banks, with records of account balances to be submitted to the Town Board monthly.
Resolution # 10-10
DESIGNATION OF OFFICIAL NEWSPAPER
On a motion by Council Member Glenn Howard, seconded by Council Member Keith Mellott, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, Berger
Nays - 0
Resolved, that this Town Board does hereby designate the Windham Journal of Windham, NY, as the Official Newspaper for the Town of Lexington's advertising for the year 2010.
Resolution # 11-10
MILEAGE COMPENSATION & DINNERS FOR TOWN OFFICIALS
On a motion by Council Member Lynn Byrne, seconded by Council Member Keith Mellott, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, Berger
Nays - 0
Resolved, that this Town Board does hereby fix mileage compensation at $ .55 per mile (The rate which is set by the IRS at the current time) for the following: Assessor for property damage, etc.; Code Enforcement Officer, Constable, Dog Warden, Justices, Town Supt. of Highways, Election Inspectors, Town Clerk/Collector, Town Supervisor, Town Council Members, Planning Board Members, or any appointed or otherwise elected official that goes on official Town business.
Be it further resolved, that this Town Board authorizes payment of meals for Town Officials that attend official meetings, not to exceed $ 18.00 maximum for a dinner and a $ 35.00 maximum per day.
Resolution # 12-10
AUTHORIZE PAYMENT OF DUES TO ASSOCIATIONS AND ETC.
On a motion by Council Member Glenn Howard, seconded by Council Member Lynn Byrne, the following resolution was
ADOPTED - Ayes - 5 – Cross, Byrne, Howard, Mellott, Berger
Nays - 0
Resolved, that this Town Board authorizes payment of dues to the following Associations: NYS Association of Towns, NYS Planning Federation, Association of Magistrates of NYS, Magistrates Association of Greene County, NYS Tax Receivers and Collectors, Greene County Highway Supt. Association, NYS Supt. of Highways, Assoc., NYS Assessors Association, Greene County Assessors Association, Mountain Top Supervisor’s and Mayor’s Assoc., Columbia-Greene Town Clerk’s Assoc. and the NYS Town Clerk Association.
Resolution # 13-10
PAYMENT OF BILLS IN ADVANCE OF BOARD MEETING
On a motion by Council Member Lynn Byrne, seconded by Council Member John Berger, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, Berger
Nays - 0
Resolved, that this Town Board authorizes the Supervisor to pay certain claims of indebtedness in advance of Town Board meetings, i.e., electric bills, postage, fuel oil bill, gasoline bill, telephone bill, and the Key Bank Credit Card.
Resolution # 14-10
OFFICIAL DELEGATE TO ASSOCIATION OF TOWNS ANNUAL MEETING
On a motion by Council Member Lynn Byrne, seconded by Council Member Glenn Howard, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, Berger
Nays - 0
Resolved, that this Town Board authorizes Council Member John Berger to be the official delegate to the Association of Towns 2010 Annual Meeting in New York City.
Resolution # 15-10
AUTHORIZE SUPERVISOR'S REPORT TO STATE COMPTROLLER
On a motion by Council Member Lynn Byrne, seconded by Council Member Keith Mellott, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, Berger.
Nays - 0
Resolved, that this Town Board authorizes the Supervisor to use the annual Supervisor’s Financial Report to the State Comptroller for the Annual Financial Report to the Town Board to be filed in the Town Clerk’s Office, where it will be available to all interested persons and to publish an abbreviated form of the report for the 2010 year in the Windham Journal.
PLANNING BOARD MEMBER APPOINTMENT
Supervisor Greg Cross said that the term of Glenn Howard expired on 12/31/2009 as a member of the Town of Lexington Planning Board and Mr. Howard resigned because he was elected as a Council Member to the Town Board of the Town of Lexington, therefore an appointment is needed to fill the vacancy. The appointment will be a seven (7) year term and will expire on 12/31/2016.
Resolution # 16-10
APPOINT PLANNING BOARD MEMBER
On a motion by Council Member Keith Mellott, seconded by Council Member Glenn Howard, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, Berger
Nays - 0
Resolved, that this Town Board shall appoint William (Bill) Pushman as a Planning Board Member with a term which will begin on 1/1/2010 and expire on 12/31/2016.
Planning Board Replacement
Planning Board Member, Greg Cross, became Supervisor for the Town of Lexington, therefore his membership on the Planning Board needs a replacement, which would have expired on 12/31/2011
Resolution # 17-10
APPOINT A REPLACEMENT / PLANNING BOARD MEMBER
On a motion by Council Member Keith Mellott, seconded by Council Member Glenn Howard, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, Berger
Nays - 0
Resolved, that this Town Board shall appoint Carl Davis as a Planning Board Member, who will replace Greg Cross with a term that will begin on 1/1/2010 and expire on 12/31/2011.
Zoning Board of Appeals Appointment
The membership of Nicholas Palermo expired on 12/31/09 as a member of the Zoning Board of Appeals.
Resolution # 18-10
RE-APPOINTMENT / ZONING BOARD OF APPEALS MEMBER
On a motion by Council Member Lynn Byrne, seconded by Council Member Glenn Howard, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, Berger
Nays - 0
Resolved, that this Town Board shall re-appoint Nicholas Palermo as a member of the Zoning Board of Appeals with a five year term that will begin on 1/1/2010 and expires on 12/31/2014.
NYC-DEP Land Acquisition
Supervisor Greg Cross reported that NYC DEP is acquiring 75 +/- acres in the Little West Kill Area of Truesdell Road from a Lewis Seger. The paper work will be on file in the Town Clerk's office.
Building Maintenance
Supervisor Greg Cross said that it was the position of the Town Board and the Supt. of Highways to have the highway guys do general maintenance on the buildings.
Resolution # 19-10
APPOINTMENTS
On a motion by Council Member Glenn Howard, seconded by Council Member John Berger, the following resolution was
ADOPTED - Ayes - 5 – Cross, Byrne, Howard, Mellott, Berger
Nays - 0
Resolved, that this Town Board makes the following appointments:
Attorney for the Town .............................................. Tal Rappleyea
Disaster Coordinator …………………….……….….. Paul Dwon
Code Enforcement Officer / Zoning Officer ............. James Boyle
Cemetery Custodian …………………..…...………… George Dart / Roseann West
Registrar of Vital Statistics …………............………. Rose Williams
Historian ……………………………………....………. Karen Deeter
Deputy Historian ……………………………………… Jannel Mellott
Deputy Town Clerk ……………….…….……......….. Alida Bloodgood
Deputy Town Clerk ….…...…...........................…… Christine Dwon
Deputy Town Clerk …………………………………. Vacant
Assistant & Deputy Supervisor ……………........… Mary Cline
Bookkeeper ………… ............................................ Vacant
Dog Control Officer ……………….…....…..…....…. Bruce Feml
Records Management Officer ………....…............. Rose Williams
Health Officer ......................................................... Dr. Jacqueline Maier
Youth Director ........................................................ Nina Berger
Youth Director Assist (Summer Art Program).......... Susan Walsh
Inventory Clerk ....................................................... Christine Dwon
Resolution # 20-10
COMMITTEE APPOINTMENTS
On a motion by Council Member Lynn Byrne, seconded by Council Member Glenn Howard, the following resolution was
ADOPTED - Ayes - 5 – Cross, Byrne, Howard, Mellott, Berger
Nays - 0
Resolved, that this Town Board authorizes the Supervisor to make the following committee appointment:
Highway Committee: Chairman – Council Member Keith Mellott
Supt. of Highways, Frank Hermance
Edwin Dippold, Jr.
Council Member John Berger Consultant – Glenn Hapeman
Ambulance Committee: Supervisor Greg Cross
Council Member Lynn Byrne
Cell Tower Committee: Council Member Glenn Howard
Ralph Albino
Highway Building Committee: Supervisor Greg Cross
Council Member Keith Mellott
Council Member John Berger
Veteran's Memorial Committee: Council Member Glenn Howard
(putting names on monument) Richard Banks
Paul Van Valkenburgh
Name & Dedicate the Municipal Building:
Supervisor Greg Cross said that the Municipal Building will be named as the "Kenneth A. Becker Municipal Building" in late May or early June of 2010 because that would be the best time for the family to attend.
Will get an update next month
Council Member Lynn Byrne mentioned the committees that she now serves on:
Schoharie Watershed Advisory Committee: Council Member Lynn Byrne
Recreation & Habitat Committee: Council Member Lynn Byrne
Resolution # 21-10
BUILDING MAINTENANCE
On a motion by Council Member Keith Mellott, seconded by Council Member Glenn Howard, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, Berger
Nays - 0
Resolved, that this Town Board authorizes Council Member Lynn Byrne and Council Member John Berger to expend moneys for repairs and maintenance on Town Buildings as they deem necessary.
SALARIES OF ELECTED & APPOINTED OFFICIALS
On a motion by Council Member Glenn Howard, seconded by Council Member Keith Mellott, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, Berger
Nays - 0 This Town Board moves to approve the following salaries of the appointed and elected officials of the Town of Lexington for the year 2010, with the amounts that were received and budget for 2009 and the payments will be made as specified.
2010 Salaries
Greg Cross Supervisor Paid Quarterly --- $ 6,500.
Robert Basil Town Justice Paid Quarterly ---- $ 4,250.
Robert Cross Town Justice Paid Quarterly ---- $ 4,250.
John Berger Council Member Paid Annually ---- $ 2,400.
Glenn Howard Council Member Paid Annually--- $ 2,400.
Lynn E. Byrne Council Member Paid Annually --- $ 2,400.
Keith Mellott Council Member Paid Annually ---- $ 2,400.
Frank Hermance Supt. of Highways Paid Bi-Weekly -- $40,679.
Alida Bloodgood Deputy Town Clerk Paid Hourly ------- $ 13.00
Christine Dwon Deputy Town Clerk Paid Hourly ------- $ 13.00
Georgette Krauss Sole Assessor Paid Bi-Weekly-- $ 22,496.
Rose Williams Registrar of Vital Statistics Paid Annually ---- $ 166.
Rose Williams Records Management Officer Paid Annually ---- $ 166.
James Boyle Code Enforcement Officer Paid Monthly ---- $12,855.
Dart & West Cemetery Custodian Paid Annually---- $ 450.
Karen Deeter Historian Paid Annually ----$ 275.
Jannel Mellott Deputy Historian Paid Annually –-- $ 140.
Rose Williams Planning Board Secretary Paid Bi-Weekly - $ 5,838.
John Loftus BAR Member Paid Annually / Voucher- $125.
James Tilp BAR Member Paid Annually / Voucher- $125.
Vacant BAR Member Paid Annually / Voucher -$ 125.
Robert Hermance (pending) Planning Board Chairman Paid Annually --- $ 890.
Ralph Albino (pending) Deputy Planning Board Chair. Paid Annually --- $ 590.
William Pushman Planning Board Member Paid Annually --- $ 409.
Susan Constable Planning Board Member Paid Annually --- $ 409.
Carl Davis Planning Board Member Paid Annually --- $ 409.
Taris Charysyn Planning Board Member Paid Annually --- $ 409.
Edwin Dippold, Jr. Planning Board Member Paid Annually --- $ 409.
Tal Rappleyea Town Attorney Voucher -- $ 500./Monthly
Extras – 135.00 per hr.
Bruce Feml Dog Control Officer Paid Bi-Annually-- $1,400.
Dr. Jacqueline Maier Health Officer Paid Annually – $145.
Alida Bloodgood Domestic Engineer Hourly / Monthly -- $11.40
Peggy Rappleyea Assessor Clerk Hourly / Monthly -- $15.00
Peggy Rappleyea Court Clerk Hourly / Monthly -- $15.00
Ann Marie Phelan ZBA Secretary Hourly / Monthly -- $ 12.20
Christine Dwon Inventory Clerk Paid upon Completion -- $525.
Nina Berger Youth Director Paid upon completion -- $1,440.
Susan Walsh Summer Art Paid upon Completion – $1,000.
And it further resolves to leave the Town Clerk / Tax Collector salary at the 2010 Budgeted amount which
is the following:
Rose Williams Town Clerk/Tax Collector - Paid Bi-Weekly --- $30,470.
Resolution # 23-10
Maintenance Agreement / Copy Machine
On a motion by Council Member Keith Mellott, seconded by Council Member Glenn Howard, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, Berger
Nays - 0
This Town Board of the Town of Lexington resolves to renew the maintenance agreement with Hudson Valley Office Equipment for the copy machine at a cost of $ 541.00
Privilege of the Floor
Supt. of Highways, Frank Hermance, said that he wanted to bring up his health insurance. He said that the health insurance that he has at the present time cost him $4,000 a year, and the town's insurance is $14,000., which made a difference of $11,000. So therefore, he was asking the town to pay the premium that he has now because his son cannot be covered under the towns policy because of an existing condition so he has to keep his old insurance. Supt of Highways Frank Hermance went on to say that if the town didn't pay his premium for his old insurance --- he would still take the towns $14,000 insurance policy, and it is going to set there and the town would have to pay the premium because that is part of his package.
Supervisor Greg Cross and the Council Members thought that Attorney Tal Rappleyea should be consulted to find out if it can be done and a discussion was held.
Pay Health Insurance Premium / Supt. of Highways
On a motion by Council Member Glenn Howard, seconded by Council Member Keith Mellott, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, Berger
Nays - 0
This Town Board moves to pay the Heath Insurance premium for the Supt of Highways, Frank Hermance at the Great American (where he already has insurance), which is contingent on the approval from Attorney Tal Rappleyea;
And still provide eyes and dental because that is part of the package that the town has and not in the package that he currently has.
Trucks
Supt. of Highways, Frank Hermance, said that the Highway Committee should discuss the trucks with him -- the Oshkosh and other trucks. He thought someone other than him should pay attention to what is happening in the Highway Garage -- the highway committee should investigate on what they are going to do because he feels that money is being thrown away. He believes that the former Town Board okayed the money to be spent on the truck repairs, and Council Member Mellott said that he didn't remember agreeing to $16,000. in parts to fix a truck or over $30,000 to do all of the repairs that are needed. Further discussion was held.
Salaries
Dixie Baldrey asked Supervisor Greg Cross if she heard right when he said that all of the salaries are going to stay at the same amount as they were in 2009, except the Town Clerk - Tax Collector, which would stay at the 2010 amount that was given. Supervisor Greg Cross answered that she was correct in her statement.
Pay the Bills
Resolution # 25-10
Audit the Bills
On a motion by Council Member Keith Mellott, seconded by Council Member Glenn Howard, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, Berger
Nays – 0
Resolved that the bills be paid on General Fund Abstract # 1 in the following amounts:
General Fund No. 1 through 13 = $ 4,270.98
Resolved that the bills be paid on General Fund Abstract # 1 in the following amounts:
Highway Fund No. 1 through 4 = $ 4,555.24
Resolved that the bills be paid on Special Lighting District Abstract # 1 in the following amount:
Special Lighting Fund No. 1 = $ 211.97
Adjourn
With no further business, on a motion from Council Member Lynn Byrne, seconded by Councilmember Keith Mellott, the meeting shall be adjourned. Carried unanimously.
Supervisor Greg Cross adjourned the meeting.
Respectfully submitted,
Rose Williams, Town Clerk, RMC