Board Meeting

The Regular Meeting of the Town Board of the Town of Lexington was called to order on March 3, 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......……..…........... John Berger
                                                           Glenn Howard
                                                           Keith Mellott
                                                           Lynn Byrne    
                                               
Town Clerk .......................…............. Rose Williams
Superintendent of Highway…....….... Frank Hermance

OTHERS PRESENT: Ray Albino, Deputy Supervisor Mary Cline, John Loftus, Lois Jenkins, Stephen Foreman, Beverly Resnick-Dezan, and Mike Ryan from the Windham Journal.

            Supervisor Greg Cross did a point of clarification, which the Town Clerk asked for to make sure everyone was on the same page regarding the Procurement Policy -- "any purchase in excess of $250.00 shall be approved by the Supervisor in advance of purchase."  was added and all Town Board Members agreed that was correct.
           
Resolution # 44-10
Approve Minutes after Amending

            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

            This Town Board moves to approve the minutes of the Regular Meeting held on February 2, 2009, and amend by adding the following to the Procurement Policy under
Item # 4: "and any purchase in excess of $250.00 shall be approved by the Supervisor in advance of purchase." 

Financial Report

            Supervisor Greg Cross presented the Financial Report for January 31st, 2010 and asked the Council Members if they had any questions. Council Member Lynn Byrne asked if he knew where the banking for the town would be done.   

Resolution # 45-10
Approve The Financial Report

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

            This Town Board moves to accept the Financial Report which reflects figures from the bank statement for January 31st. 2010.

Banking

            Supervisor Greg Cross said that he did a little homework and gave the Town Board Members a report of their options for the town funds.  Supervisor Cross gave a report on the Interest Comparison for the Current Account Structure and the Proposed Greene County Commercial Bank, which was reviewed by the Board Members.  A discussion was held on what was proposed. 
            Supervisor Greg Cross also stated that under the Investment Policy --- the town should be diversified, and asked the Town Board Members how they would like to be diversified.  Further discussion was held, and the Town Board Members felt that they should have 95% of the funds at the Greene County Commercial Bank which had the highest interest rate, and the other 5% at the National Bank & Trust Company of Norwich.   

Resolution # 46-10
Investment for Town of Lexington Funds

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

            Whereas, the Town of Lexington has reviewed their options to diversify the funds of the Town of Lexington as defined in the Investment Policy;
            This Town of Lexington Town Board moves to put 95% of the funds with the Greene County Commercial Bank, and 5% with the National Bank & Trust Co. of Norwich for the 2010 year.

Oil Tanks

            Supervisor Cross said that there has been a problem with water getting into the fuel tanks out back of the Municipal Building, and has received quotes to put two 330 gallon barrels in the basement.  The quotes were from Kosco for $3,450 plus one dollar per gallon for the transfer of fuel oil, and the other quote was from Glenn Howard at a material cost of $1,714, and transfer of fuel oil for free.   A discussion was held and the Town Board Members decided to look at the fill lines on the tank before making a final decision. 

Correct the 2010 Budget / General Fund

            Supervisor Greg Cross explained that the auditor from Pattison, Koskey. Howe, & Bucci, CPAs P.C. found an inconsistency in the 2010 budget when she tried to put in the figures from the 2010 budget, and wondered why the figures were off by $8,050. in the General Fund.  The information was reviewed by the Town Clerk, Rose Williams, and she found that a correction was needed on Page 10 of the Adopted Line of the 2010 Budget (A9060.8), where $20,000 was suppose to be changed to $28,203. according to Resolution # 121-09, and it was never done within the line item, but it was included in the total summary of the General Fund Appropriations, which made the total amount correct for the 2010 Budget.  

Resolution # 47-10
Correct 2010 Budget / General Fund

            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

            Whereas, a mistake was found by the auditor from Pattison, Koskey, Howe & Bucci, CPAs. P.C., with the 2010 Budget, where the figures did not correspond when they were putting them in for the budget, therefore;
            This Town Board resolves to correct the Adopted Line Item A9060.8 in the budget from $20,000. to $28,203. which was stated in Resolution #121-09, but was never done.

Budget Correction / Highway Fund
 
            A correction was also needed for fifty dollars in the Highway Fund Budget, where $50.00 was included in the line item DA5140.2 (Page 13), but not was included in the Town Budget Total Appropriation for the Highway Fund, so the Highway Budget needs to be lowered by $50.00 to make everything balance.  This can be done by rescinding Resolution #124-09, which increased DA5140.2 by adding $50.00 to the 2010 Highway Budget.   

Resolution # 48-10
Correct 2010 Budget / Highway Fund

            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

Resolution # 48-10 Continued --  Correct 2010 Budget / Highway Fund

            Whereas, a mistake was found by the auditor from Pattison, Koskey, Howe & Bucci, CPAs, P.C. with the 2010 Budget when the figures did not correspond because of a difference of $50.00 in the  Highway Budget;
            This Town Board moves to rescind Resolution #124-09 where $50.00 was added to the Adopted 2010 Line Item of DA5140.2, and never got added to the Total Appropriation in the 2010 Highway Budget, so therefore it needs to be rescinded to balance out the Highway Budget Appropriation for 2010.  

            Supervisor Greg Cross said that the notations should be recorded in the budget as they were so stated. 

Kosco Service Plan

            Supervisor Greg Cross said that he received a service plan from Kosco for the coming year at a cost of $832.00, which included all the circulators.  

Resolution # 49-10
Accept the Kosco Service Plan

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

            This Town Board moves to accept the Service Contract with KOSCO for the heating system at the Municipal Building at a cost of $832. per year.

Youth Program Report / 2009

            Supervisor Greg Cross reviewed the Youth Program report and it will be on file at the Town Clerk’s office. 

Appoint Town Board Member / 200 Year Celebration

Supervisor Cross said that he had spoken with Historian Karen Deeter and she would like a member from the Town Board appointed to the committee for the 200 year celebration.  A discussion was held and the Town Board Members decided to have Historian Karen Deeter come to the next Board Meeting to explain and give her ideas about the celebration and to see where she is at, so everyone is on the same page, and then move forward from there.   
The appointment was tabled until they hear from Historian Karen Deeter.

Schoharie Watershed Advisory Committee

            Councilmember Lynn Byrne explained what the committee does and there function.
A new alternate is needed to replace Dixie Baldrey.   Beverly Resnick-Dezan volunteered to be the alternate member. 

Resolution # 50-10
Appoint Alternate Member / Schoharie Watershed Advisory Committee

            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

            This Town Board moves to appoint Beverly Resncik-Dezan as an alternate member to the Schoharie Watershed Advisory Committee for 2010.

Sewer Update

            Nate Hendricks said they have submitted their study to NYC DEP for review and it would be April or May before they would be ready to come to the town with their proposal. 

Mower Bids

            Council Member Keith Mellott and Supt. of Highways, Frank Hermance came up with the idea to look at state bids for the mowers and they made some phone calls to find out that two mowers; the John Deere and the Ferris were the only two mowers out for state bids.   After more research: Eklund Family Farm Machinery (Billy Eklund) offered a Ferris Mower IS2000Z with a 61" deck, and a 26HP Kawaski Engine for a delivered at a state bid price of $6,700.  

Resolution # 51-10
Investment for Town of Lexington Funds

            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

            This Town of Lexington Town Board shall purchase the Ferris Mower from Eklund Family Farm Machinery at 27696 St. Hwy. 23, Stamford, NY 12167 at a state bid price of $6,700, which has a 61" mowing deck and a 26 HP Kawaski Engine.

Deputy Code Enforcement Officer

            A discussion was held to fill the position for Deputy Code Enforcement Officer because Ralph Albino declined the position when it was offered at the Organizational Meeting on January 5, 2010.   The Council Members decided to advertise the position in the local newspaper.

Letter of Support to Greene Co. Clerk

            Supervisor Greg Cross said that he sent a letter of support to the Greene Co. Clerk, Mike Flynn supporting the centralized files for Greene County where all the individual towns will be able to participate.

Snow

            A discussion was held regarding the snow storm the town had in the past week.

Public Concerns

            Ray Albino said the Planning Board members might be asking for a lap top computer, so they will be able to view maps and etc. during their meetings.

            Councilmember Glenn Howard said that he has been in contact with the cell tower company and they are willing to revisit all of the previous sites, and the town will be moving forward soon.   Attorney Tal Rappleyea needs to look at the Master Management Agreement for review.

            Deputy Supervisor Mary Cline said that she had a question, saying that last month it was brought up at the meeting on how many hours she sits a month and what her pay scale would be, and yet it wasn’t brought up about how many deputies and town clerks there are, and what their pay salary is ---- Mary asked Rose if she had two or three working for her --- Rose answered that she had three deputies working for her.   Mary Cline went on to say that it wasn’t brought up about how many hours they work a month.  Councilmember Lynn Byrne said that her position was a new position, and Rose has been having her assistant clerks for years and years.   Councilmember Byrne said that she had no idea and didn’t think the other Board Members had any idea either how many hours a week or how many hours a month your position was going to be because it was a new position.   Mary Cline then asked if there was always thee deputies?  Rose answered that it was a NYS law that allows her to have three deputy clerks, and she explained why she needs three deputy clerks (They can only work certain days).  A discussion was held.   Mary Cline said that all she was asking was; why it was only brought up about her and not the rest of the people.  Further discussion was held.

            Councilmember Lynn Byrne asked if the discussion had been finished about Frank’s Health Insurance.  Supervisor Greg Cross answered with, “No they hadn’t.”   Frank Hermance, Supt. of Highways, said that he would like to have this settled because it was going into the third month.  A discussion was held about how to pay the premium for Frank’s Health Insurance, and it was decided to use a voucher in the General Fund for the monthly premium and issue a 1099 at the end of the year. 

Resolution # 52-10
Health Insurance Payment / Supt. of Highways

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

            This Town of Lexington Town Board shall receive an expense voucher to pay on a monthly basis from Frank Hermance, Supt. of Highways, for his Health Insurance premium, and will issue a 1099 at the end of the year, which will be reviewed yearly.  

Highway Garage & Trucks

            Frank Hermance, Supt. of Highways, made comments on the Highway Garage -- Walls are coming in --- the door is out --- the oil burner went a couple of weeks ago, and etc.
            Frank also said the truck situation is not good for the snow storm they just had --- need some new trucks.  A discussion was held. 

Resolution # 53-10
Go into Executive Session

            On a motion by Supervisor Greg Cross, seconded by Council Member John Berger, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, & Berger
                    Nays - 0

            This Town of Lexington Town Board moves to go into Executive Session to discuss Personnel Issues.  Time: 8:45 pm

Resolution # 54-10
Leave Executive Session

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

            This Town of Lexington Town Board moves to leave Executive Session. Time: 9:05 pm

Audited 2009 Financial Records

            Councilman Keith Mellott made a motion, seconded by Councilmember Lynn Byrne approving of the Town Board’s audit of the Financial Books for 2009, which included the Judges Financial Records, the Town Clerk’s Petty Cash, the Town Clerk’s Cash Book, and the Tax Collector’s Records.  The motion was passed and all agreed.
           
Audit the Bills

RESOLUTION # 55-10
PAY THE BILLS

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

Resolved, that this Town Board, having audited the following General Fund Vouchers
# 49 through # 66, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract # 3, General Fund, on the Supervisor for payment of $ 8,441.77
Resolved, that this Town Board, having audited the following Highway Fund Vouchers
# 24 through # 41, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract # 3 Highway Fund, on the Supervisor for payment of $ 30,623.22
            Resolved, that this Town Board, having audited the following Special Lighting District Voucher # 2, hereby orders it paid and directs the Town Clerk to draw Abstract # 2, Special Lighting District Fund, on the Supervisor for payment of $ 215.29.
 
Adjourn
            Councilmember Keith Mellott made a motion to adjourn the meeting, seconded by Councilmember John Berger.  All agreed.
            Supervisor Greg Cross adjourned the meeting.

Respectfully submitted

 Rose Williams, Town Clerk, RMC, Town of Lexington