Town of Lexington,NY - Board Minutes


Board Meeting December 6, 2011 The Regular Meeting of the Town Board of the Town of Lexington was called to order on December 6, 2011 at 6:30 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, Elizabeth Hapeman, Jo Ellen Schermerhorn, William Pushman, Dixie Baldrey, Michael Petecca, Ellouise Cole, Lois Jenkins, Michael Falke, Adeline Basil, Bernice & Richard Timmerman, and Mike Ryan (Windham Journal Rep.), Resolution # 134-11 Approve Minutes On a motion by Council Member Lynn Byrne, seconded by Council Member Keith Mellott, the following resolution was ADOPTED - Ayes - 5 - Cross, Byrne, Berger, Howard, Mellott, Nays - 0 This Town Board moves to approve the minutes of the Preliminary Budget Hearing held on November 1st, 2011. Resolution # 135-11 Approve Minutes On a motion by Council Member Lynn Byrne, 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 minutes of the Regular Meeting held on November 1st, 2011. Resolution # 136-11 Approve Minutes On a motion by Council Member Lynn Byrne, seconded by Council Member Keith Mellott, 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 of the Town of Lexington Town Board held on November 15th, 2011. Financial Report Resolution #137-11 Accept 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, Berger, Howard, Mellott, Nays - 0 This Town Board moves to approve the Financial Report ending November 30, 2011 as presented by Supervisor Greg Cross. Resolution # 138-11 Humane Society Contract Renewal for 2012 Columbia-Greene Humane Society On a motion by Council Member Keith Mellott, seconded by Council Member John Berger, the Following resolution was ADOPTED – Ayes – 5 – Cross, Byrne, Berger, Howard, Mellott. Nays – 0 This Town of Lexington Town Board authorizes the Supervisor to renew the “Agreement with the Columbia Greene Humane Society/SPCA” for a period of January 1, 2012 through December 31, 2012. Code Enforcement Officer Supervisor Greg Cross said that the Town Board interviewed two candidates for the Code Enforcement Officer after the last meeting and the appointment was not made at that time. Therefore, Supervisor Greg Cross asked for a motion to make the appointment of Adam Cross as the Code Enforcement Officer for the Town of Lexington. Resolution # 139-11 Code Enforcement Officer Appointment On a motion by Council Member Keith Mellott, seconded by Council Member John Berger, the following resolution was ADOPTED – Ayes – 4 – Byrne, Berger, Howard, Mellott. Nays – 0 Abstain – 1- Cross (Was not present to attend the interview) This Town Board moves to appoint Adam Cross as the Code Enforcement Officer for the Town of Lexington. Year-End Meeting – December 27th at 6:30 pm. On a motion by Council Member Lynn Byrne, and Second by Council Member Keith Mellott that the Year-End Meeting will be held on December 27, 2011 6:30 pm, which was carried and approved. Resignation of Council Member Glenn Howard Council Member Glenn Howard said that he wanted to squelch any rumors that might be going around. He went on to say that he wanted to clear things up and read his letter of resignation saying that he was going to resign from the Town Board. His Letter read, “With a great deal of regret that I am forced to submit my resignation from my position of Councilman from the Town Board. Due to a personal issue, I have moved to another address out of town and this resignation will be effective as of December 6th, 2011 at 7:30 PM. For the past seventeen years; since retiring from the U.S Navy, it has been my pleasure to serve the town on the Planning Board as Chairman, the Board of Fire Commissioners as Chairman, and on the Town Board. Hopefully, I have made this little town that I love, a better place to live. Sincerely, Glenn E. Howard.” Glenn Howard, “With that said, I would like to pass on to the incoming Town Board – to please keep the taxpayers in this town in mind ----- although the town is made up of a lot of people that are less fortunate than some of the rest of us --- there is a lot of senior citizens here, and I believe that in the last coming years, we have done that, and it needs to continue to happen. There is a lot of things that would be nice that we could do in this town, but the people of this town just cannot afford it. So it is a hard decision to make up here – to balance all of this stuff – but keep this in mind. Also, what I would like to do is ----- in light of recent election process-- – we had a tie between two of the candidates for Town Council and I know I can’t vote to put in a replacement for me, but I can recommend somebody and I think this person is honest as they come, and will do a great job. I would like to recommend --- since we did have a tie, that the right thing to do, would be appoint Billy Pushman to replace me on the Town Board. Thank You for letting me serve you and I appreciate it.” Land Trust Program Supervisor Greg Cross said that Attorney Kevin Young was expected at the meeting to speak for the Land Trust Program and had not arrived yet, so he would explain the Land Trust Program as he sees it. A discussion was held --- Supervisor Cross said that it is basically a plan to buy buildings with the acreage, and then the trust would take the house off the adjoining land --- sell the land to NYC DEP and the house would essentially go up for sale. So it is basically --- a way for NYC DEP to hand pick parcels that they would be interested in buying, but they need the trust to circumvent the rules which they set in place, in his opinion, in the “Memorandum of Agreement”. But, Attorney Kevin Young would explain it in his Attorney terms when he comes, but his recommendation to Supervisor Greg Cross was not to participate in the program. A discussion was held and the deadline to participate in the program was December 19, 2011. Resolution # 140-11 Opt Out of Land Trust Program for NYC DEP 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 opt out and not participate in the Land Trust Program with New York City Department of Environmental Protection. Public Concerns: Dixie Baldrey asked if anyone had spoken to EST about the debris on the corner of Route 42 from the action. It was mentioned that it was the responsibility of the auction people that left the mess. Council member Lynn Byrne asked Supervisor Cross what the funding was in the Relief Fund for the Town of Lexington and he said there was $18,000 the last time he checked. A discussion was held on the garbage invoices. Land Trust Program Attorney Kevin Young arrived at the meeting and he was asked what he thought the Land Trust Program and he explained the program to the public. They are more focused on the large estate, like the Rockefeller Estates, such as that. He didn’t think they were really interested in Lexington because they don’t have much land left. Further discussion was held. Resolution for Flood Mitigation Attorney Kevin Young explained the following resolution and why he recommended it should be passed by the Town of Lexington Town Board. Resolution # 141-11 Proposal To Allocate Portions Of The New York City Land Acquisition Program Funds For Flood Mitigation Watershed Affairs On a motion by Council Member Keith Mellott, seconded by Council Member John Berger, the following resolution was ADOPTED – Ayes – 5 – Cross, Byrne, Berger, Howard, Mellott. Nays – 0 Proposal to Allocate Portions of the New York City Land Acquisition Program Funds For Flood Mitigation Watershed Affairs Whereas, New York City Watershed Communities have experienced devastating floods of record in 1996, 2006 and again in 2011 in addition to severe localized flooding in 2004, 2005, 2007, 2008, 2009 and 2010; and Whereas, it is official State policy that climate change is a reality and is no longer subject to debate; and Whereas, due to changing weather patterns, New York City Watershed Communities are experiencing significant, frequent and intense storms that result in severe flooding; and Whereas, assuming the current pattern is due to climate change, Greene County anticipates that the significant, frequent and intense storms will worsen over time as climate change continues; and Whereas, the flood events of 1996, 2006 and 2011 delivered record levels of pollutant loading including nutrients, sediment, microorganisms, raw sewage, organic and inorganic chemicals from agriculture, homes and businesses along with debris such as fuel tanks, lumber, homes, businesses, automobiles and livestock to the New York City Reservoirs West of the Hudson; and Whereas, many municipalities and property owners in the watershed have suffered catastrophic damage to property from these flood events reducing individual, business and community financial viability and severely impacting the long-term sustainability of the Watershed Region; and Whereas, the significant, frequent and intense storms and their associated flooding and pollutant loading (if they continue into the future) pose a far more significant threat to the City’s Filtration Avoidance Determination than the threat posed by the regulated activities of the existing humans living within the West of Hudson Watershed; and Whereas, upon information and belief, the pollutant loading from flood events far exceeds any long-term pollutant load reduction derived from the land acquisition program as currently administered; and WHEREAS, as currently administered, the land acquisition program provides, little, if any, flood mitigation benefits; and WHEREAS, many of the communities within the NYC Watershed remain in a state of emergency. Many of the major streams and water courses are filled with debris, sediment and trees along large reaches. If those materials are not removed and the stream bed/banks are not restored, the debris will block culverts and block stream channels causing the streams to again jump their non-existent banks; and WHEREAS, FEMA provides funds to local municipalities ( reimbursement) to repair and clear municipal property; there are very little funds, if any, to clear stream beds and steam banks along private property, and WHEREAS, FEMA provides funds to local municipalities to repair and clear municipal property, flood plain regulation required by FEMA preclude and/or restrict property owners whose property damage exceeds 51% of its value to rebuild within the flood plain; and WHEREAS, local municipalities with severe damage from the flood are concerned that many of the property owners with severe damage will abandon their property due to an inability to rebuild; an inability to afford to rebuild; due to a fear of the next flood and/or due to an inability to obtain financing to rebuild; and WHEREAS, the local communities would like to allow these property owners to rebuild within the community outside of the floodplain but those property owners need funding, critical infrastructure (water, sewer, electric, telephone, road) and land suitable for development in the vicinity of their existing home and hamlet all at a price that they can afford to finance; and WHEREAS, in order to prevent NYC from having to expend billions of dollars for filtration, NYC should invest in projects to mitigate and avoid the catastrophic impact from future floods and intense storm events. Such measures include clearing the streams of debris and gravel bars and maintaining those stream corridors on an ongoing basis; to stabilize the stream banks where feasible and practical; and to construct structures (where possible and practical) to slow and mitigate the impact from intense storm events; work with watershed communities to ensure affordable housing for its residents outside of floodplains; and WHEREAS, the Town of Lexington, Greene County, as a watershed partner and a municipal government responsible for the welfare of its residents, wants to pursue flood mitigation wants to partner with NYC and the County on these projects along with other resources; and WHEREAS, there is a sentiment growing among the residents of the watershed that the status quo is no longer sustainable; the flood/storm damage has been too great; the risk of another flood too real; and the cost to local residents to build a new home unaffordable; and WHEREAS, the residents of the Town of Lexington, Greene County and the NYC Watershed do not understand why they are required to spend tens of thousands of dollars to address the sediment loading in storm water from a building lot in watersheds scarce in impervious surfaces and new development while little is done to prevent or reduce the potential harm to existing structures and land from significant, frequent and intense storms; and WHEREAS, the residents of the Town of Lexington, Greene County and the NYC Watershed do not understand why USEPA and NYSDOH require NYC to spend hundreds of millions of dollars to buy potentially developable land outside the floodplain in communities that have had either stagnant or decreasing populations for over 150 years while, at the same time, not requiring any funds to be spent to prevent the existing hamlets from being severely damaged and carried away downstream to the reservoirs.; and WHEREAS, Governor Andrew Cuomo has come to the Watershed communities (and other communities impacted by the flood) on several occasions in recent months (more than any other Governor in recent memory) and he has promised his and the State’s support i Now, Therefore Be It Resolved, the Town of Lexington Town Board requests that the New York State Department of Environmental Conservation, New York State Department of Health, the USEPA and New York City revisit the Water Supply Permit and recommend that funding from the Land Acquisition Program be allocated to support flood mitigation that will reduce the long-term risk from pollutant loading caused by major flood events; and Be it further resolved, that the pilot Riparian Buffer Program be specifically tailored for flood mitigation efforts thereby enhancing its effectiveness in reducing pollutant loading caused by flood events, retaining local community character and local sustainability; and Be it further resolved, that the Town of Lexington Town Board respectfully request that USEPA, NYSDEC and NYSDOH acknowledge that no amount of land acquisition (not even the acquisition of 105,000 acres over the next 15 years) is going to have a measurable impact on water quality unless flood mitigation is given the highest funding priority and measures are implemented to protect the communities and land from future flood events and intense storms; and Be it further resolved that this resolution be sent to Governor Andrew Cuomo, Kevin McCabe, Senator Kristin Gillibrand, Senator Charles Schumer, Congressman Hinchey, Congressman Gibson, NYS Attorney General Eric Schneiderman, NYS DEC Commissioner Joe Martens, NYSDOH Commissioner Nirav R. Shah, NYC Mayor Bloomberg, NYC DEP Commissioner Carter Strickland, NY State Senator Majority Leader Senator Dean Skelos, NYS Assembly Speaker Sheldon Silver, EPA Region 2 Director Judith A. Enck,, NYS Senator John Bonacic, New York State Assemblyman Clifford Crouch, New York State Assemblyman Peter Lopez, Wayne Speenburgh Chair, Greene County Legislature, Harold Vroman Chair, Schoharie County Board of Supervisors, Jonathan Rouls, Chair, Sullivan County Legislature, Frederick J. Wadnola, Chair, Ulster County Legislature. Watershed County Executives and Managers, Watershed Town Supervisors and Village Mayors, Dennis Lucas of CWT, CWC Board of Directors, James E. Tierney Assistant Commissioner for Water Resources, Thomas Snow DEC NYC Watershed Coordinator, Pamela Young Acting Chief, NYC Watershed Section, Alan Rosa Executive Director of CWC, the Catskill Center for Conservation and Development, Natural Resource Defense Council, River Keeper, Nature Conservancy, NYPIRG, Open Space Institute , William Harding, Executive Director, Watershed Protection and Partnership Council, Gene Kelly, Region 4 Director, NYSDEC, and William Janeway, Region 3 Director, NYSDEC. For the Record Council Member Keith Mellott said, “In view of Glenn’s resignation tonight – I would like to make a motion for it to be effective January 1st, 2012 – so that we put Lynn Byrne and Billy Pushman in as the two appointed Council Members to make up the new Board.” Supervisor Greg Cross: “I don’t think we can vote on anything that is going to happen on January 1st. Council Member Keith Mellott:”I want it on record for the next Town Board to take a seat.” Council Member John Berger: “Say that again.” Council Member Keith Mellott, “A few of us are leaving office at the end of the month --- I want this on record for the next Town Board to succeed – to know that the current Board has a motion on the table that Lynn Byrne and William Pushman should take the Council Members seats --- the appointed seats, effective January 1st. Council Member John Berger, “Did you talk to the Board of Elections about this? I don’t believe you can speak for the new Town Board. Council Member Keith Mellott. “No, but there is going to be a seat open and one is open tonight, and instead of filling the seat for the next two meetings – it can be made effective January 1st. I believe this Board has the right to do that. Council Member John Berger, “Then you want to refuse Glenn’s resignation tonight and then make it effective January 1st. Council Member Keith Mellott, “Yes, if that is o.k. with you Glenn. Council Member Glenn Howard, “It’s o.k. with me because I can’t vote. Council Member Keith Mellott, “But I would like those two names to be on record with support to appoint them. Supervisor Greg Cross, “So you would make a motion to appoint Billy to Glenn’s seat. Supt. of Highways, Frank Hermance, “I don’t think you can do that.” Council Member John Berger, “You can make a motion to appoint Billy to Glenn’s seat right now, and if you are not making it – I will.” Dixie Baldrey, “Excuse me, but no one has accepted Glenn’s resignation as of yet, and in the case of Keith’s motion – he can make the recommendation, but the new Board has to make the decision. I happen to agree with Keith’s recommendation because half of the voters wanted Billy on the Board and the other half of the voter wanted Lynn on the Board, and procedure wise ……..” Supervisor Greg Cross, “Procedure wise, we have a vacancy on the Board right now. Dixie Baldrey, “If Glenn’s resignation is accepted for right now, then that seat is available right now. Supervisor Greg Cross, “Correct.” Adeline Basil, “But what Keith is recommending, is that it should stay at two open seats until January 1st, and that he would like the new Board to select the seats to fill the vacancies. He would like to say that the previous Board that has just left has made the recommendation.” Supervisor Greg Cross, “So, are we accepting Glenn’s resignation tonight as of 7:30pm.” Resolution # 142-11 Accept Resignation of Council Member Glenn Howard On a motion by Council Member John Berger, seconded by Council Member Lynn Byrne, the following resolution was ADOPTED – Ayes – 4 – Cross, Byrne, Berger, Mellott Nays - 0 This Town of Lexington Town Board moves to accept the resignation of Council Member Glenn Howard at 7:30 p.m. on December 6th, 2011, as a Council Member on the Town of Lexington Town Board for personal reasons. Resolution # 143-11 Appoint Council Member to Vacant Seat / Town Board On a motion by Council Member John Berger, seconded by Supervisor Greg Cross, the following resolution was NOT ADOPTED – Ayes – 2 – Cross, Berger Nays – 2 – Mellott, Byrne This Town of Lexington Town Board moves to appoint William Pushman to the vacant seat as a Town Council Member for the Town of Lexington Town Board. Audit the Bills On a motion by Council Member Keith Mellott, seconded by Council Member Lynn Byrne, and carried, that this Town Board shall approve payments of the following bills: The General Fund was $ 4,619.43 on Abstract # 22, Claim Numbers 293 to 305 The Highway Fund was $ 15,169.40 on Abstract # 21, Claim Numbers 205 to 222 Adjourn Council Member Keith Mellott made a motion to adjourn the meeting, second by Council Member John Berger, and all agreed. Respectfully Submitted, Rose Williams, Town Clerk, RMC

Board Meeting

December 6, 2011

The Regular Meeting of the Town Board of the Town of Lexington was called to order on December 6, 2011 at 6:30 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, Elizabeth Hapeman, Jo Ellen Schermerhorn, William Pushman, Dixie Baldrey, Michael Petecca, Ellouise Cole, Lois Jenkins, Michael Falke, Adeline Basil, Bernice & Richard Timmerman, and Mike Ryan (Windham Journal Rep.),

Resolution # 134-11
Approve Minutes

            On a motion by Council Member Lynn Byrne, seconded by Council Member Keith Mellott, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Berger, Howard, Mellott,
                     Nays - 0

            This Town Board moves to approve the minutes of the Preliminary Budget Hearing held on November 1st, 2011.

Resolution # 135-11
Approve Minutes

            On a motion by Council Member Lynn Byrne, 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 minutes of the Regular Meeting held on November 1st, 2011.

Resolution # 136-11
Approve Minutes

            On a motion by Council Member Lynn Byrne, seconded by Council Member Keith Mellott, 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 of the Town of Lexington Town Board held on November 15th, 2011.

Financial Report

Resolution #137-11
Accept 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, Berger, Howard, Mellott,
                    Nays - 0

            This Town Board moves to approve the Financial Report ending November 30, 2011 as presented by Supervisor Greg Cross.

Resolution # 138-11
Humane Society Contract Renewal for 2012
Columbia-Greene Humane Society

            On a motion by Council Member Keith Mellott, seconded by Council Member John Berger, the Following resolution was
ADOPTED – Ayes – 5 – Cross, Byrne, Berger, Howard, Mellott.
                    Nays – 0

This Town of Lexington Town Board authorizes the Supervisor to renew the “Agreement with the Columbia Greene Humane Society/SPCA” for a period of January 1, 2012 through December 31, 2012.

Code Enforcement Officer

            Supervisor Greg Cross said that the Town Board interviewed two candidates for the Code Enforcement Officer after the last meeting and the appointment was not made at that time. Therefore, Supervisor Greg Cross asked for a motion to make the appointment of Adam Cross as the Code Enforcement Officer for the Town of Lexington.

Resolution # 139-11
Code Enforcement Officer Appointment

            On a motion by Council Member Keith Mellott, seconded by Council Member John Berger, the following resolution was
ADOPTED – Ayes – 4 – Byrne, Berger, Howard, Mellott.
                    Nays – 0
                   Abstain – 1- Cross (Was not present to attend the interview)

This Town Board moves to appoint Adam Cross as the Code Enforcement Officer for the Town of Lexington.

Year-End Meeting – December 27th at 6:30 pm.

On a motion by Council Member Lynn Byrne, and Second by Council Member Keith Mellott that the Year-End Meeting will be held on December 27, 2011 6:30 pm, which was carried and approved.

Resignation of Council Member Glenn Howard

Council Member Glenn Howard said that he wanted to squelch any rumors that might be going around. He went on to say that he wanted to clear things up and read his letter of resignation saying that he was going to resign from the Town Board. His Letter read, “With a great deal of regret that I am forced to submit my resignation from my position of Councilman from the Town Board. Due to a personal issue, I have moved to another address out of town and this resignation will be effective as of December 6th, 2011 at 7:30 PM. For the past seventeen years; since retiring from the U.S Navy, it has been my pleasure to serve the town on the Planning Board as Chairman, the Board of Fire Commissioners as Chairman, and on the Town Board. Hopefully, I have made this little town that I love, a better place to live. Sincerely, Glenn E. Howard.”
Glenn Howard, “With that said, I would like to pass on to the incoming Town Board – to please keep the taxpayers in this town in mind ----- although the town is made up of a lot of people that are less fortunate than some of the rest of us --- there is a lot of senior citizens here, and I believe that in the last coming years, we have done that, and it needs to continue to happen. There is a lot of things that would be nice that we could do in this town, but the people of this town just cannot afford it. So it is a hard decision to make up here – to balance all of this stuff – but keep this in mind. Also, what I would like to do is ----- in light of recent election process-- – we had a tie between two of the candidates for Town Council and I know I can’t vote to put in a replacement for me, but I can recommend somebody and I think this person is honest as they come, and will do a great job. I would like to recommend --- since we did have a tie, that the right thing to do, would be appoint Billy Pushman to replace me on the Town Board. Thank You for letting me serve you and I appreciate it.”

Land Trust Program

Supervisor Greg Cross said that Attorney Kevin Young was expected at the meeting to speak for the Land Trust Program and had not arrived yet, so he would explain the Land Trust Program as he sees it. A discussion was held --- Supervisor Cross said that it is basically a plan to buy buildings with the acreage, and then the trust would take the house off the adjoining land --- sell the land to NYC DEP and the house would essentially go up for sale. So it is basically --- a way for NYC DEP to hand pick parcels that they would be interested in buying, but they need the trust to circumvent the rules which they set in place, in his opinion, in the “Memorandum of Agreement”. But, Attorney Kevin Young would explain it in his Attorney terms when he comes, but his recommendation to Supervisor Greg Cross was not to participate in the program. A discussion was held and the deadline to participate in the program was December 19, 2011.

Resolution # 140-11
Opt Out of Land Trust Program for NYC DEP

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 opt out and not participate in the Land Trust Program with New York City Department of Environmental Protection.

Public Concerns:

Dixie Baldrey asked if anyone had spoken to EST about the debris on the corner of Route 42 from the action. It was mentioned that it was the responsibility of the auction people that left the mess.
Council member Lynn Byrne asked Supervisor Cross what the funding was in the Relief Fund for the Town of Lexington and he said there was $18,000 the last time he checked.
A discussion was held on the garbage invoices.
Land Trust Program

Attorney Kevin Young arrived at the meeting and he was asked what he thought the Land Trust Program and he explained the program to the public. They are more focused on the large estate, like the Rockefeller Estates, such as that. He didn’t think they were really interested in Lexington because they don’t have much land left. Further discussion was held.

Resolution for Flood Mitigation

Attorney Kevin Young explained the following resolution and why he recommended it should be passed by the Town of Lexington Town Board.

Resolution # 141-11
Proposal To Allocate Portions Of The New York City Land Acquisition Program
Funds For Flood Mitigation
Watershed Affairs

On a motion by Council Member Keith Mellott, seconded by Council Member John Berger, the following resolution was
ADOPTED – Ayes – 5 – Cross, Byrne, Berger, Howard, Mellott.
Nays – 0

Proposal to Allocate Portions of the New York City Land Acquisition Program Funds
For Flood Mitigation
Watershed Affairs

Whereas, New York City Watershed Communities have experienced devastating floods of record in 1996, 2006 and again in 2011 in addition to severe localized flooding in 2004, 2005, 2007, 2008, 2009 and 2010; and

Whereas, it is official State policy that climate change is a reality and is no longer subject to debate; and

Whereas, due to changing weather patterns, New York City Watershed Communities are experiencing significant, frequent and intense storms that result in severe flooding; and

Whereas, assuming the current pattern is due to climate change, Greene County anticipates that the significant, frequent and intense storms will worsen over time as climate change continues; and

Whereas, the flood events of 1996, 2006 and 2011 delivered record levels of pollutant loading including nutrients, sediment, microorganisms, raw sewage, organic and inorganic chemicals from agriculture, homes and businesses along with debris such as fuel tanks, lumber, homes, businesses, automobiles and livestock to the New York City Reservoirs West of the Hudson; and

            Whereas, many municipalities and property owners in the watershed have suffered catastrophic damage to property from these flood events reducing individual, business and community financial viability and severely impacting the long-term sustainability of the Watershed Region; and

            Whereas, the significant, frequent and intense storms and their associated flooding and pollutant loading (if they continue into the future) pose a far more significant threat to the City’s Filtration Avoidance Determination than the threat posed by the regulated activities of the existing humans living within the West of Hudson Watershed; and

Whereas, upon information and belief, the pollutant loading from flood events far exceeds any long-term pollutant load reduction derived from the land acquisition program as currently administered; and

WHEREAS, as currently administered, the land acquisition program provides, little, if any, flood mitigation benefits; and

WHEREAS, many of the communities within the NYC Watershed remain in a state of emergency. Many of the major streams and water courses are filled with debris, sediment and trees along large reaches. If those materials are not removed and the stream bed/banks are not restored, the debris will block culverts and block stream channels causing the streams to again jump their non-existent banks; and

WHEREAS, FEMA provides funds to local municipalities ( reimbursement) to repair and clear municipal property; there are very little funds, if any, to clear stream beds and steam banks along private property, and

WHEREAS, FEMA provides funds to local municipalities to repair and clear municipal property, flood plain regulation required by FEMA preclude and/or restrict property owners whose property damage exceeds 51% of its value to rebuild within the flood plain; and

WHEREAS, local municipalities with severe damage from the flood are concerned that many of the property owners with severe damage will abandon their property due to an inability to rebuild; an inability to afford to rebuild; due to a fear of the next flood and/or due to an inability to obtain financing to rebuild; and

WHEREAS, the local communities would like to allow these property owners to rebuild within the community outside of the floodplain but those property owners need funding, critical infrastructure (water, sewer, electric, telephone, road) and land suitable for development in the vicinity of their existing home and hamlet all at a price that they can afford to finance; and

WHEREAS, in order to prevent NYC from having to expend billions of dollars for filtration, NYC should invest in projects to mitigate and avoid the catastrophic impact from future floods and intense storm events. Such measures include clearing the streams of debris and gravel bars and maintaining those stream corridors on an ongoing basis; to stabilize the stream banks where feasible and practical; and to construct structures (where possible and practical) to slow and mitigate the impact from intense storm events; work with watershed communities to ensure affordable housing for its residents outside of floodplains; and

WHEREAS, the Town of Lexington, Greene County, as a watershed partner and a municipal government responsible for the welfare of its residents, wants to pursue flood mitigation wants to partner with NYC and the County on these projects along with other resources; and

WHEREAS, there is a sentiment growing among the residents of the watershed that the status quo is no longer sustainable; the flood/storm damage has been too great; the risk of another flood too real; and the cost to local residents to build a new home unaffordable; and

WHEREAS, the residents of the Town of Lexington, Greene County and the NYC Watershed do not understand why they are required to spend tens of thousands of dollars to address the sediment loading in storm water from a building lot in watersheds scarce in impervious surfaces and new development while little is done to prevent or reduce the potential harm to existing structures and land from significant, frequent and intense storms; and

WHEREAS, the residents of the Town of Lexington, Greene County and the NYC Watershed do not understand why USEPA and NYSDOH require NYC to spend hundreds of millions of dollars to buy potentially developable land outside the floodplain in communities that have had either stagnant or decreasing populations for over 150 years while, at the same time, not requiring any funds to be spent to prevent the existing hamlets from being severely damaged and carried away downstream to the reservoirs.; and

            WHEREAS, Governor Andrew Cuomo has come to the Watershed communities (and other communities impacted by the flood) on several occasions in recent months (more than any other Governor in recent memory) and he has promised his and the State’s support i

            Now, Therefore Be It Resolved, the Town of Lexington Town Board requests that the New York State Department of Environmental Conservation, New York State Department of Health, the USEPA and New York City revisit the Water Supply Permit and recommend that funding from the Land Acquisition Program be allocated to support flood mitigation that will reduce the long-term risk from pollutant loading caused by major flood events; and

Be it further resolved, that the pilot Riparian Buffer Program be specifically tailored for flood mitigation efforts thereby enhancing its effectiveness in reducing pollutant loading caused by flood events, retaining local community character and local sustainability; and

Be it further resolved, that the Town of Lexington Town Board respectfully request that USEPA, NYSDEC and NYSDOH acknowledge that no amount of land acquisition (not even the acquisition of 105,000 acres over the next 15 years) is going to have a measurable impact on water quality unless flood mitigation is given the highest funding priority and measures are implemented to protect the communities and land from future flood events and intense storms; and

Be it further resolved that this resolution be sent to Governor Andrew Cuomo, Kevin McCabe, Senator Kristin Gillibrand, Senator Charles Schumer, Congressman Hinchey, Congressman Gibson, NYS Attorney General Eric Schneiderman, NYS DEC Commissioner Joe Martens, NYSDOH Commissioner Nirav R. Shah, NYC Mayor Bloomberg, NYC DEP Commissioner Carter Strickland, NY State Senator Majority Leader Senator Dean Skelos, NYS Assembly Speaker Sheldon Silver, EPA Region 2 Director Judith A. Enck,, NYS Senator John Bonacic, New York State Assemblyman Clifford Crouch, New York State Assemblyman Peter Lopez, Wayne Speenburgh Chair, Greene County Legislature, Harold Vroman Chair, Schoharie County Board of Supervisors, Jonathan Rouls, Chair, Sullivan County Legislature, Frederick J. Wadnola, Chair, Ulster County Legislature. Watershed County Executives and Managers, Watershed Town Supervisors and Village Mayors, Dennis Lucas of CWT, CWC Board of Directors, James E. Tierney Assistant Commissioner for Water Resources, Thomas Snow DEC NYC Watershed Coordinator, Pamela Young Acting Chief, NYC Watershed Section, Alan Rosa Executive Director of CWC, the Catskill Center for Conservation and Development, Natural Resource Defense Council, River Keeper, Nature Conservancy, NYPIRG, Open Space Institute , William Harding, Executive Director, Watershed Protection and Partnership Council, Gene Kelly, Region 4 Director, NYSDEC, and William Janeway, Region 3 Director, NYSDEC.

For the Record

Council Member Keith Mellott said, “In view of Glenn’s resignation tonight – I would like to make a motion for it to be effective January 1st, 2012 – so that we put Lynn Byrne and Billy Pushman in as the two appointed Council Members to make up the new Board.”

Supervisor Greg Cross: “I don’t think we can vote on anything that is going to happen on January 1st.

Council Member Keith Mellott:”I want it on record for the next Town Board to take a seat.”

Council Member John Berger: “Say that again.”

Council Member Keith Mellott, “A few of us are leaving office at the end of the month --- I want this on record for the next Town Board to succeed – to know that the current Board has a motion on the table that Lynn Byrne and William Pushman should take the Council Members seats --- the appointed seats, effective January 1st.

Council Member John Berger, “Did you talk to the Board of Elections about this? I don’t believe you can speak for the new Town Board.

Council Member Keith Mellott. “No, but there is going to be a seat open and one is open tonight, and instead of filling the seat for the next two meetings – it can be made effective January 1st. I believe this Board has the right to do that.

Council Member John Berger, “Then you want to refuse Glenn’s resignation tonight and then make it effective January 1st.

Council Member Keith Mellott, “Yes, if that is o.k. with you Glenn.

Council Member Glenn Howard, “It’s o.k. with me because I can’t vote.

Council Member Keith Mellott, “But I would like those two names to be on record with support to appoint them.

Supervisor Greg Cross, “So you would make a motion to appoint Billy to Glenn’s seat.

Supt. of Highways, Frank Hermance, “I don’t think you can do that.”

Council Member John Berger, “You can make a motion to appoint Billy to Glenn’s seat right now, and if you are not making it – I will.”

Dixie Baldrey, “Excuse me, but no one has accepted Glenn’s resignation as of yet, and in the case of Keith’s motion – he can make the recommendation, but the new Board has to make the decision. I happen to agree with Keith’s recommendation because half of the voters wanted Billy on the Board and the other half of the voter wanted Lynn on the Board, and procedure wise ……..”

Supervisor Greg Cross, “Procedure wise, we have a vacancy on the Board right now.

Dixie Baldrey, “If Glenn’s resignation is accepted for right now, then that seat is available right now.

Supervisor Greg Cross, “Correct.”

Adeline Basil, “But what Keith is recommending, is that it should stay at two open seats until January 1st, and that he would like the new Board to select the seats to fill the vacancies. He would like to say that the previous Board that has just left has made the recommendation.”

Supervisor Greg Cross, “So, are we accepting Glenn’s resignation tonight as of 7:30pm.”

Resolution # 142-11
Accept Resignation of Council Member Glenn Howard

On a motion by Council Member John Berger, seconded by Council Member Lynn Byrne, the following resolution was ADOPTED – Ayes – 4 – Cross, Byrne, Berger, Mellott
                            Nays - 0

            This Town of Lexington Town Board moves to accept the resignation of Council Member Glenn Howard at 7:30 p.m. on December 6th, 2011, as a Council Member on the Town of Lexington Town Board for personal reasons.

Resolution # 143-11
Appoint Council Member to Vacant Seat / Town Board

On a motion by Council Member John Berger, seconded by Supervisor Greg Cross, the following resolution was
NOT ADOPTED – Ayes – 2 – Cross, Berger
Nays – 2 – Mellott, Byrne

This Town of Lexington Town Board moves to appoint William Pushman to the vacant seat as a Town Council Member for the Town of Lexington Town Board.

Audit the Bills

On a motion by Council Member Keith Mellott, seconded by Council Member Lynn Byrne, and carried, that this Town Board shall approve payments of the following bills:
                                  The General Fund was $ 4,619.43 on Abstract # 22, Claim Numbers 293 to 305
             The Highway Fund was $ 15,169.40 on Abstract # 21, Claim Numbers 205 to 222

Adjourn

Council Member Keith Mellott made a motion to adjourn the meeting, second by Council Member John Berger, and all agreed.

Respectfully Submitted,

Rose Williams, Town Clerk, RMC