Board Meeting
December 7, 2010
The Regular Meeting of the Town Board of the Town of Lexington was called to order on December 7, 2010 at 7:00 P.M., by Supervisor Greg Cross at the Lexington Municipal Building, followed by the Pledge of Allegiance.
PRESENT: Supervisor.................................Greg Cross
Council Members......……..…........… Glenn Howard
Keith Mellott
Lynn Byrne
John Berger
Town Clerk .......................….............. . Rose Williams
Superintendent of Highway…......Frank Hermance
OTHERS PRESENT: Ray Albino, Deputy Supervisor Mary Cline, Glenn & Elizabeth Hapeman, Jo Ellen Schermerhorn, John Loftus, Nicholas Palermo, William Pushman, Beverly Dezan, Dixie Baldrey, Judy Pangman, Henry Lamont, Timothy Cox, Nathaniel Hendricks, Julie Brown, Joyce Rood, Mary Westman, Roseann West, Jennifer Cawein, Chago & Vicki Betes, John & Barbara Sturman, and Mike Ryan (Windham Journal Rep.),
Resolution # 154-10
Approve Minutes
On a motion by Council Member Glenn Howard, seconded by Council Member John Berger, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Berger, Howard, Mellott,
Nays - 0
This Town Board moves to approve the minutes of the Regular Meeting held on November 4th, 2010, and the Preliminary Budget Hearing held on November 4th, 2010.
Financial Report
Supervisor Greg Cross asked for a motion to accept the Financial Report of November 30, 2010.
Resolution # 155-10
Accept Financial Report
On a motion by Council Member John Berger, seconded by Council Member Glenn Howard, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Berger, Howard, Mellott,
Nays - 0
This Town Board moves to approve the Financial Report ending November 30, 2010 as presented by Supervisor Greg Cross,
Councilmember Lynn Byrne asked for the Audit Reports from the auditor and the Employees Hours which have been reported.
CWC and Lamont Engineers / Presentation to Town Board Members
Nate Hendricks is the Program Manager from the Catskill Watershed Corporation and he was present to give the presentation regarding the Waste Water Study for the Hamlet of Lexington along with his other colleagues. They explained what the system was and how it would work. Now the town needs to decide if they want to do it or not. The town was number sixteen on the list and I believe that an informational meeting will be held for the residents that are involved in the area. There is a decision for the town to make at the end of each of the first two phases. The Town Board had to decide to do the study phase and now that it is done, the Board will need to decide whether or not they want to enter the preconstruction phrase which is also called the design phase. Next, someone would do the formation of the sewage district which is recommended along with public hearings and would hold many meetings. Upon completion of the construction phase, the town would have a set of plans and specs and they would have been bid, and you would have a price from the contractor to build the project. At this point – assuming the project is under budget – the town would have to make a decision on whether or not to go ahead and build it. Up until that point, the town is under no obligation to build it, but once you decide at the end of the preconstruction phase --- that the town is going to agree to build it --- then the town would have to carry through and build it and operate it. Next, Mr. Lamont explained the phases further to the public and the Town Board Members. More discussion was held.
8:40 pm – Council Member Lynn Byrne left the meeting because of a family emergency.
Resolution # 156-10
Approve Transfers in General Fund
On a motion by Council Member Keith Mellott, seconded by Council Member Glenn Howard, the following resolution was
ADOPTED - Ayes - 4 – Cross, Mellott, Berger, Howard.
Absent – Byrne -1
Nays - 0
This Town of Lexington Town Board moves to make the following transfer
in the General Fund:
From: Special Item, Contingency Account (A1990.4) ======= $ 2,000.00
To: Building, Equipment (A1620.2) =================== $ 500.00
Highway Supt., Contractual (A5010.4) ============= $ 200.00
Garage, Contractual (A5132.4) ================== $ 1,300.00
Resolution # 157-10
Approve Transfers in Highway Fund
On a motion by Council Member Keith Mellott, seconded by Council Member Glenn Howard, the following resolution was
ADOPTED - Ayes - 4 – Cross, Mellott, Berger, Howard.
Absent – Byrne -1
Nays - 0
This Town of Lexington Town Board moves to make the following transfer
in the Highway Fund:
From: Snow Removal, Personnel Services (DA5142.1) ========= $ 9,000.00
To: Misc. (Brush & Weeds), Personnel Services (DA5140.1) === $ 9,000.00
From: Misc. (Brush & Weeds), Contractual (DA5140.4) ========= $10,000.00
To; Misc. (Snow Removal, Contractual (DA5142.4) ========== $10,000.00
Local Law #2 of 2010
Resolution # 158-10
Adopt Local Law # 2 of 2010 – Regulating the Licensing of Dogs
On a motion by Council Member John Berger, seconded by Council Member Glenn Howard, the following resolution was
ADOPTED - Ayes - 4 – Cross, Mellott, Berger, Howard.
Absent – 1 - Byrne
Nays - 0
This Town of Lexington Town Board moves to adopt Local Law No. 2 of 2010, “Regulating the Licensing of Dogs.”
TOWN OF LEXINGTON
LOCAL LAW # 2 of 2010
REGULATING THE LICENSING OF DOGS
Be it enacted by the Town of Lexington as follows:
Section 1. PURPOSE AND INTENT
The Town Board of the Town of Lexington finds it necessary to enact a local law to address the licensing of dogs in lieu of the State of New York’s recent mandate that dog licensing become a local government function on January 1, 2011. The purpose of this Local Law is to provide for the licensing and identification of dogs, the control and protection of the dog population and the protection of person, property, and domestic animals from dogs.
Section 2. AUTHORIZATION
This local law is adopted pursuant to section 10 of the Municipal Home Rule Law and New York Agriculture and Markets Law Part T of Chapter 59 of the Laws of 2010.
Section 3. ENACTMENT
The Town Board of the Town of Lexington hereby adopts the following local law with regard to the licensing of dogs within the Town of Lexington:
Section 4. DEFINITIONS
As used in this Local Law, the following terms shall have the meanings indicated:
CUSTODIAN - person having possession or guardianship of any dog who is not the owner of the dog.
DOG - includes male and female, licensed and unlicensed members of the species Canis familiarias.
DOG CONTROL OFFICER – any individual appointed by the Town of Lexington to enforce any and all New York State Agriculture and Markets Laws and Local Laws regulating animals, including dogs.
HARBOR- to provide food and/or shelter to any dog.
IDENTIFICATION TAG - tag issued by the Town of Lexington which sets forth the identification number assigned to a specific dog and such other information as the Town of Lexington deems appropriate.
IDENTIFIED DOG - any dog carrying an identification tag as required by this Local Law.
LICENSE EXPIRATION DATE - the expiration date as noted on the dog license issued by the Town of Lexington.
OWNER – any person who harbors or keeps a dog.
OWNER OF RECORD - the person in whose name any dog was last licensed pursuant to this local law, except that if any license is issued on application of a person under eighteen years of age, the owner of record shall be deemed to be the parent or guardian of such person. Any person owning or harboring a dog for a period of one (1) week in the Town of Lexington shall be held and deemed the owner of such dog for purposes of this Local Law.
TOWN CLERK - the Clerk of the Town of Lexington, where dog licenses are validated or issued pursuant to this Local Law.
Section 5. LICENSING OF DOGS
A. All dogs within the Town of Lexington four (4) months of age or older, unless otherwise exempted, shall be licensed. The owner of each dog required to be licensed shall obtain, complete and return, to the Town Clerk, a dog license application together with required supporting documentation, the license application fee, any applicable license surcharges and such additional fees as may be established by the Town of Lexington. Each license application shall be accompanied by proof that the dog has been vaccinated against rabies or a statement from a licensed veterinarian that such vaccination would endanger the dog’s life in which case vaccination shall not be required. Each license issued shall be valid for a period of one year and must be renewed prior to the expiration date thereof. In no event shall a license or renewal be issued to expire after the expiration date of the rabies vaccination provided by the owner.
B. No license shall be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog.
C. All licenses shall expire on the last day of the last month for which it is issued.
D. The owner of any dog shall notify the Town Clerk of a change of address, ownership, death or loss of their licensed dog.
E. Upon the submission of a dog license application, all required documentation and payment of the required license fee, a Town of Lexington dog license identification tag will be provided to the owner of the dog. The identification tag must be affixed to a dog collar and worn by the dog at all times.
F. For those owners who fail to renew a dog license, the Town Clerk shall mail a late renewal fee invoice and warning that failure to renew the license, within a specified time, shall result in the issuance of a court appearance ticket. The late renewal of an expired dog license shall result in a fine of $5.00.
G. Any dog harbored within the Town of Lexington which is owned by a resident of New York City and licensed by the City of New York, or which is owned by a non-resident of New York and licensed by a jurisdiction outside the State of New York, shall for a period of thirty (30) days be exempt from the licensing and identification provisions of this local law.
Section 6. LICENSING FEES
A. License fee for spayed/neutered Dog: $ 5.00 + NYS Surcharge $1.00 = $ 6.00
B. License fee for un-spayed/un-neutered Dog: $ 10.50 + NYS Surcharge $3.00 = $13.50
Section 7. VIOLATIONS
A. It shall be a violation, punishable as provided in subdivision C of this section, for:
(i) any owner to fail to license any dog;
(ii) any owner to fail to have any dog identified as required by this article;
(iii) any owner to fail to renew a dog license on or before the license expiration date;
(iv) any person to knowingly affix to any dog any false or improper identification tag;
(v) any owner or custodian of any dog to fail to confine, restrain or present such dog for any lawful purpose pursuant to this article;
(vi) any person to furnish any false or misleading information on any form required to be filed with the Town of Lexington pursuant to this local law;
B. It shall be the duty of the Law Enforcement or Police Officer to bring an action against any person who has committed any violation set forth in this local law pursuant to the Penal Law of the State of New York. Every Law Enforcement or Police Officer shall have the power to issue an appearance ticket pursuant to section 150.20 of the criminal procedure law, to serve a summons and to serve and execute any other order or process in the execution of the provisions of this article. In addition, any Law Enforcement, or Police Officer of the Town of Lexington may serve any process, including an appearance ticket, a uniform appearance ticket and a uniform appearance ticket and simplified information, related to any proceeding, whether criminal or civil in nature undertaken in accord with the provisions of this article or any local law or ordinance promulgated pursuant thereto.
C. A violation of this section shall be punishable as follows:
- by a fine of not less than fifty ($50.00) dollars nor more than two hundred and fifty ($250.00) dollars, except that
- when the person was found to have violated any part of this section within the
preceding five years, the fine may be not less than one hundred ($100.00) dollars nor
more than $250.00 dollars, and
(iii) where the person was found to have committed two or more such violations of any part
of this section within the preceding five years, the fine may be not less than one
hundred and fifty ($150.00) dollars nor more than four hundred ($400.00) dollars.
Section 8. SEIZURE OF DOGS; REDEMPTION PERIODS; IMPOUNDMENT FEES
- Any dog control officer or peace officer, acting pursuant to his special duties, or police officer in the employ of or under contract to the Town of Lexington shall seize:
- any dog which is not identified and which is not on the owner's premises;
- any dog which is not licensed, whether on or off the owner's premises;
(iii) any licensed dog which is not in the control of its owner or custodian or not on the premises of the dog's owner or custodian, if there is probable cause to believe the dog is dangerous;
(iv) any dog found to be without vaccination for rabies; and
(v) any dog which poses an immediate threat to the public safety.
B. Any dog control officer in the employ of or under contract to the Town of Lexington may seize any dog in violation of this local law or any other local law of the Town of Lexington relating to the control of dogs.
C. Each dog seized in accordance with the provisions of this article shall be properly sheltered, fed and watered for the redemption period as hereinafter provided.
D. Each dog which is not identified, whether or not licensed, shall be held for a period of at least five days from the day seized, during which period the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of this local and further provided that the owner pays the following impoundment fees:
(i) The costs associated with the shelter, feeding, and care of the dog not less than ($10) ten dollars for the first twenty-four hours or part thereof and ($10) ten dollars for each additional twenty four hours or part thereof, plus an impoundment fee of ($20) twenty dollars for the first impound of any dog owned by that person;
(ii) The costs associated with the shelter, feeding, and care of the dog not less than ($10.) ten dollars for the first twenty-four hours or part therefore and ($10.) ten dollars for each additional twenty-four hours or part thereof, plus an impound fee of ($40.) forty dollars for the second impoundment within one year of the first impoundment, or any dog owned by that person; or
- The costs associated with the shelter, feeding, and care of the dog not less than ($10.) ten
dollars for the first twenty-four hours or part thereof and ($10.) ten dollars for each additional twenty-four hours or part thereof, plus an impound fee of ($60.) sixty dollars for the third impoundment within one year of the first impoundment, of any dog owned by that person.
E. Promptly upon seizure of any identified dog, the owner of record of such dog shall be notified personally or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption. Such dog shall be held for a period of seven (7) days if notified personally or a period of nine (9) days after the date of mailing by certified mail of personal notice, during which period the dog may be redeemed by the owner. The owner may redeem such dog upon payment of the impoundment fees prescribed by in Section 8.D. (i-iii) of this local law and by producing proof that the dog has been duly licensed.
F. An owner shall forfeit title to any dog unredeemed at the expiration of the appropriate
redemption period, and the dog shall then be made available for adoption.
Section 9. PRESUMPTION
Establishment of the fact or facts that the owner of a dog failed to properly license and identify his/her dog as licensed shall be presumptive evidence that the owner or person harboring said dog is not in compliance with the provisions of this Local Law.
Section 10. INTERFERENCE WITH OFFICERS
Any person who shall interfere with or obstruct any animal control officer, police officer and any officer or agent of a duly incorporated society for the prevention of cruelty to animals shall be guilty of a misdemeanor, punishable by imprisonment for not more than one year or by a fine of not more than one thousand ($1,000.00) dollar or both.
Section 11. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing in the Office of the New York State Secretary of State.
Section 12. INCONSISTENT PRIOR LAWS
To the extent that the terms contained in any prior local laws currently in existence are inconsistent with the terms of this local law, the terms contained herein shall supersede the terms of such prior local laws. All other terms of such prior local laws shall continue in full force and effect.
:
Year- End Meeting scheduled for Wednesday, December 29, 2010
Building Permit Fees
Supervisor Greg Cross said that Code Enforcement Officer, Roberta Amico has brought it to his attention that there was nothing in the building fees for wind or solar panels. She felt that something should be in black and white regarding the fee to be charged, and suggested that it should be $250. per application. A discussion was held on what should be charged and it was tabled until the fee for solar and wind panels could be discussed further with Roberta Amico, Code Enforcement Officer.
Correspondence: Received notification of a grant for $4,200. from the Schoharie Watershed
Program for the Lexington Park Area.
NYC DEP is acquiring 29 acres on County Rt. 13 (Rood) on North
Lexington.
Removal of Tanks
Councilmember Glenn Howard received the following bids from contractors for the removal of the tanks behind the Building.
The prices were:
R.T.E. Transport, LTD, ………………….…..$ 2,345.00
Albany Tank Services, Inc. ……………..… $ 2,350.00
Conklin Services & Construction Inc. ……. $7,115.00
Resolution # 159-10
Remove Fuel Tanks behind Municipal Building
On a motion by Council Member Glenn Howard, seconded by Council Member Keith Mellott, the following resolution was
ADOPTED - Ayes - 4 – Cross, Mellott, Berger, Howard.
Absent – 1 - Byrne
Nays – 0
This Town Board resolves to go with the lowest bid price of $2,345.00 from R.T.E. Transport, LTD, P.O. Box 14, Route 23, Ashland, NY 12407 for removal of the fuel tanks behind the Municipal Building, and would ask them to hold the price until spring if it cannot be done now because we are approaching cold weather.
Annual Pay Period
The annual payroll for the employees who receive yearly compensation will be issued the week ending December 18th, 2010,
Public Concerns:
John Sturman addressed Supervisor Greg Cross saying that from what he understood, Mr. Cross, you are not a resident of the town and you have been requested to provide your proof of residence and since you have not done so as far as he understood – he felt that it was incumbent on the Town Board to appoint a new Supervisor that actually has legal standing. Mr. Sturman went on to say that not doing so on behalf of the Board, it is maleficent for not taking action, and the people could file Article 78 against the Board for not taking that action. Next, John Sturman asked Supervisor Cross for a response, and Supervisor Greg Cross said that he had no response, and asked for any other questions from the public which was town related.
Betty Hapeman asked if anything had ever been done in regard to the flooding in the area and has anyone contacted the representative for the town. Supervisor Cross said that he has not anything and it should be done. A discussion was held. Councilmember Glenn Howard said that he thought it was time for the mountain top towns to get together for some answers on why the creeks cannot be cleaned out to do whatever is possible to stop the overflowing of the streams. The gravel bars need to be taken out the creek.
Dixie Baldrey asked about the status of the bridge near the Municipal Building and are they ever going to take the red lights down. It was reported that the lights are there for the winter and the performance of the bridge cannot handle two lanes of traffic.
Ray Albino said that he was speaking on behalf of the Fire Commissioners and asked if the Ambulance Service was going to be the same as last year with regard to the service from the Town of Ashland. Supervisor Greg Cross answered, yes, it would be the same and he was working on another avenue.
Betty Hapeman asked if the town would still have a Rescue Squad and Ray Albino answered that the town would still have a squad which is still responding.
John Sturman asked Supervisor Cross why he keeps evading the residence questions, and asked if you are dually elected and the town has town laws saying that if you are going to serve the town, you need to be a resident --- John Sturman then went on to say that Supervisor Greg Cross had been asked a bunch of times what his residence was and he had refused to answer --- now everyone says that you are not a resident , fine, but if you are a resident – please answer --- he said that he didn’t see what the issue was.
Assistant to the Supervisor/Deputy Supervisor Mary Cline, said excuse me – You are always talking to Greg Cross right now – supposedly not being a resident --- somebody else is sitting on that board who is not a resident, how come that is not being brought up? John Sturman asked who that was. Mary Cline answered that he knew exactly who it was, like everybody else knows. John Sturman said, no, he did not know. Mary Cline said to give her a break and let me just put it to you this way; there is somebody else sitting up on that board that supposable doesn’t live in the Town of Lexington – like Greg Cross supposable doesn’t live in the town. John Sturman said that they shouldn’t be there either --- all he said that his point was that it was wrong for the town because if the Town Board and the Supervisor are not adhering to the laws – it is blatant out integrity and it undermines the whole standing of the Town Board – it is the integrity of the town. Supervisor Greg Cross said that he would not answer.
Supervisor Greg Cross said that he would like to thank Karen, Georgette, Jannel, Peggy, Alida, and Mary for getting the Town Hall all Christmassy by putting the decorations up.
Resolution #160-10
Audit the Bills
On a motion by Council Member Glenn Howard, seconded by Council Keith Mellott, the following resolution was
ADOPTED - Ayes - 4 - Cross, Howard, Mellott, & Berger
Nays – 0
Absent - 1 - Byrne
Resolved, that this Town Board, having audited the following General Fund Vouchers
#294 through #328, inclusive, hereby, orders them paid and directs the Town Clerk to
draw Abstract #12, General Fund, on the Supervisor for payment of $ 17,688.16.
Resolved, that this Town Board, having audited the following Highway Fund Vouchers
#195 through #217, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract #12 Highway Fund, on the Supervisor for payment of $ 20,910.59
Resolved, that this Town Board, having audited the following Special Lighting District Fund Vouchers # 11 & 12, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract #11, Special Lighting District Fund, on the Supervisor for payment of $ 440.15.
Adjourn
Council Member John Berger made a motion to adjourn the meeting, seconded by Council Member Glenn Howard. All agreed.
Supervisor Greg Cross adjourned the meeting at 8:35 pm.
Respectfully submitted,
Rose Williams, Town Clerk, RMC