Board Meeting
4/6/2010
The Regular Meeting of the Town Board of the Town of Lexington was called to order on April 6, 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, Paul Van Valkenburgh, Elizabeth Hapeman, Jo Ellen Schermerhorn, John Loftus, Attorney Tal Rappleyea, Historian Karen Deeter, Nicholas Palermo, and Mike Ryan from the Windham Journal.
Resolution # 56-10
Approve Minutes
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 moves to approve the minutes of the Regular Meeting held on March 2, 2010.
Financial Report
Supervisor Greg Cross presented the Financial Report for January through March, 2010 and asked the Council Members if they had any questions.
Resolution # 57-10
Approve Financial Report
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
This Town Board approves the Financial Report ending March 2010, which was presented by the Supervisor.
Councilmember Keith Mellott asked what the Fund Balance was from last year – 2009, and Supervisor Cross said that he doesn’t have those figures yet, but hopes to have the balance by the next meeting.
Update on Historical Celebration for 2013
Historian Karen Deeter gave a report for 200 year celebration for 2013 celebration for the town saying that she needed to get a committee together and would need a Town Board Member to serve on the committee for the upcoming celebration. A discussion was held.
Supervisor Cross asked the Town Board Members if they wished to appoint a representative from the Town Board for the steering committee.
Resolution # 58-10
Appoint Town Board Representative to 2013 Celebration
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 appoint Council Member Lynn Byrne as a member of the steering committee for the 200th Birthday Celebration of the Town of Lexington, which will be held in 2013.
Code of Ethics
Supervisor Greg Cross explained that the NYS Comptroller’s Office e-mailed a sample for a “Code of Ethics”, which could be used by any town and it does hold a public official to a much higher standard. Supervisor Cross asked for any discussion and said that he would like to see the document put in place. Next, Supervisor Cross asked for a motion to adopt the “Code of Ethics”.
Resolution # 59-10
Adopt “Code of Ethic”
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, article 18 of the General Municipal Law prohibits the officers and employees of a municipality from having certain conflicts of interest, and
WHEREAS section 806 of the General Municipal Law requires the governing body of each county, city (other than the City of New York), town, village, school district and fire district to adopt a code of ethics that sets forth for the guidance of its officers and employees standards of conduct reasonably expected of them, and
WHEREAS section 806 of the General Municipal Law also authorizes the governing body of any other municipality to adopt such a code of ethics, and
WHEREAS, a code of ethics adopted by the governing body of a municipality must set forth standards of conduct for the guidance of the officers and employees of the municipality with respect to disclosure of interests in legislation before the local governing body, holding of investments in conflict with official duties, private employment in conflict with official duties, future employment, and such other standards as may be deemed advisable.
NOW, THEREFORE, be it resolved that the Town Board of the Town of Lexington hereby adopts a code of ethics to read as follows:
Code of Ethics of the Town of Lexington
Section 1. Purpose.
Officers and employees of the Town of Lexington hold their positions to serve and benefit the public, and not for obtaining unwarranted personal or private gain in the exercise and performance of their official powers and duties. The Town of Lexington recognizes that, in furtherance of this fundamental principle, there is a need for clear and reasonable standards of ethical conduct. This code of ethics establishes those standards.
Section 2. Definitions.
(a) “Board” means the governing board of a municipality and any municipal administrative board commission, or other agency or body comprised of two or more municipal officers or employees.
(b) “Code” means this code of ethics.
(c) “Interest” means a direct or indirect financial or material benefit, but does not include any benefit arising from the provision or receipt of any services generally available to the residents or taxpayers of the municipality or an area of the municipality, or a lawful class of such residents or taxpayers. A municipal officer or employee is deemed to have an interest in any private organization when he or she, his or her spouse, or a member of his or her household, is an owner, partner, member, director, officer, employee, or directly or indirectly owns or controls more than 5% of the organization’s outstanding stock.
(d) “Municipality” means Town of Lexington. The word “municipal” refers to the municipality.
(e) “Municipal officer or employee” means a paid or unpaid officer or employee of the Town of Lexington, including, but not limited to, the members of any municipal board.
(f) “Relative” means a spouse, parent, step-parent, sibling, step-sibling, sibling’s spouse, child, step-child, uncle, aunt, nephew, niece, first cousin, or household member of a municipal officer or employee, and individuals having any of these relationships to the spouse of the officer or employee.
Section 3. Applicability.
This code of ethics applies to the officers and employees of the Town of Lexington, and shall supersede any prior municipal code of ethics. The provisions of this code of ethics shall apply in addition to all applicable State and local laws relating to conflicts of interest and ethics including, but not limited to, article 18 of the General Municipal Law and all rules, regulations, policies and procedures of the Town of Lexington.
Section 4. Prohibition on use of municipal position for personal or private gain.
No municipal officer or employee shall use his or her municipal position or official powers and duties to secure a financial or material benefit for himself or herself, a relative, or any private organization in which he or she is deemed to have an interest.
Section 5. Disclosure of interest in legislation and other matters.
(a) Whenever a matter requiring the exercise of discretion comes before a municipal officer or employee, either individually or as a member of a board, and disposition of the matter could result in a direct or indirect financial or material benefit to himself or herself, a relative, or any private organization in which he or she is deemed to have an interest, the municipal officer or employee shall disclose in writing the nature of the interest.
(b) The disclosure shall be made when the matter requiring disclosure first comes before the municipal officer or employee, or when the municipal officer or employee first acquires knowledge of the interest requiring disclosure, whichever is earlier.
(c) In the case of a person serving in an elective office, the disclosure shall be filed with the governing board of the municipality. In all other cases, the disclosure shall be filed with the person’s supervisor or, if the person does not have a supervisor, the disclosure shall be filed with the municipal officer, employee or board having the power to appoint to the person’s position. In addition, in the case of a person serving on a
municipal board, a copy of the disclosure shall be filed with the board. Any disclosure made to a board shall be made publicly at a meeting of the board and must be included in the minutes of the meeting.
Section 6. Recusal and abstention.
(a) No municipal officer or employee may participate in any decision or take any official action with respect to any matter requiring the exercise of discretion, including discussing the matter and voting on it, when he or she knows or has reason to know that the action could confer a direct or indirect financial or material benefit on himself or herself, a relative, or any private organization in which he or she is deemed to have an interest.
(b) In the event that this section prohibits a municipal officer or employee from exercising or performing a power or duty:
(1) if the power or duty is vested in a municipal officer as a member of a board, then the power or duty shall be exercised or performed by the other members of the board; or
(2) if the power or duty that is vested in a municipal officer individually, then the power or duty shall be exercised or performed by his or her deputy or, if the officer does not have a deputy, the power or duty shall be performed by another person to whom the officer may lawfully delegate the function.
(3) if the power or duty is vested in a municipal employee, he or she must refer the matter to his or her immediate supervisor, and the immediate supervisor shall designate another person to exercise or perform the power or duty.
Section 7. Prohibition inapplicable; disclosure, recusal and abstention not required.
(a) This code’s prohibition on use of a municipal position (section 4), disclosure requirements (section 5), and requirements relating to recusal and abstention (section 6), shall not apply with respect to the following matters:
(1) adoption of the municipality’s annual budget;
(2) any matter requiring the exercise of discretion that directly affects any of the following groups of people or a lawful class of such
groups:
(i) all municipal officers or employees;
(ii) all residents or taxpayers of the municipality or an area of the municipality; or
(iii) the general public; or
(3) any matter that does not require the exercise of discretion.
(b) Recusal and abstention shall not be required with respect to any matter:
(1) which comes before a board when a majority of the board’s total membership would otherwise be prohibited from acting by section 6 of this code;
(2) which comes before a municipal officer when the officer would be prohibited from acting by section 6 of this code and the matter cannot be lawfully delegated to another person.
Section 8. Investments in conflict with official duties.
(a) No municipal officer or employee may acquire the following investments:
(1) investments that can be reasonably expected to require more than sporadic recusal and abstention under section 6 of this code; or
(2) investments that would otherwise impair the person’s independence of judgment in the exercise or performance of his or her official powers and duties.
(b) This section does not prohibit a municipal officer or employee from acquiring any other investments or the following assets:
(1) real property located within the municipality and used as his or her personal residence;
(2) less than five percent of the stock of a publicly traded corporation; or
(3) bonds or notes issued by the municipality and acquired more than one year after the date on which the bonds or notes were originally issued.
Section 9. Private employment in conflict with official duties.
No municipal officer or employee, during his or her tenure as a municipal officer or employee, may engage in any private employment, including the rendition of any business, commercial, professional or other types of services, when the employment:
(a) can be reasonably expected to require more than sporadic recusal and abstention pursuant to section 6 of this code;
(b) can be reasonably expected to require disclosure or use of confidential information gained by reason of serving as a municipal officer or employee;
(c) violates section 805-a(1)(c) or (d) of the General Municipal Law; or
(d) requires representation of a person or organization other than the municipality in connection with litigation, negotiations or any other matter to which the municipality is a party.
Section 10. Future employment.
(a) No municipal officer or employee may ask for, pursue or accept a private post-government employment opportunity with any person or organization that has a matter requiring the exercise of discretion pending before the municipal officer or employee, either individually or as a member of a board, while the matter is pending or within the 30 days following final disposition of the matter.
(b) No municipal officer or employee, for the two-year period after serving as a municipal officer or employee, may represent or render services to a private person or organization in connection with any matter involving the exercise of discretion before the municipal office, board, department or comparable organizational unit for which he or she serves.
(c) No municipal officer or employee, at any time after serving as a municipal officer or employee, may represent or render services to a private person or organization in connection with any particular transaction in which he or she personally and substantially participated while serving as a municipal officer or employee.
Section 11. Personal representations and claims permitted.
This code shall not be construed as prohibiting a municipal officer or employee from:
(a) representing himself or herself, or his or her spouse or minor children before the municipality; or
(b) asserting a claim against the municipality on his or her own behalf, or on behalf of his or her spouse or minor children.
Section 12. Use of municipal resources
(a) Municipal resources shall be used for lawful municipal purposes. Municipal resources include, but are not limited to, municipal personnel, and the municipality’s money, vehicles, equipment, materials, supplies or other property.
(b) No municipal officer or employee may use or permit the use of municipal resources for personal or private purposes, but this provision shall not be construed as prohibiting:
(1) any use of municipal resources authorized by law or municipal policy;
(2) the use of municipal resources for personal or private purposes when provided to a municipal officer or employee as part of his or her compensation; or
(3) the occasional and incidental use during the business day of municipal telephones and computers for necessary personal matters such as family care and changes in work schedule.
(c) No municipal officer or employee shall cause the municipality to spend more than is reasonably necessary for transportation, meals or lodging in connection with official travel.
Section 13. Interests in Contracts.
(a) No municipal officer or employee may have an interest in a contract that is prohibited by section 801 of the General Municipal Law.
(b) Every municipal officer and employee shall disclose interests in contracts with the municipality at the time and in the manner required by section 803 of the General Municipal Law.
Section 14. Nepotism.
Except as otherwise required by law:
(a) No municipal officer or employee, either individually or as a member of a board, may participate in any decision specifically to appoint, hire, promote, discipline or discharge a relative for any position at, for or within the municipality or a municipal board.
(b) No municipal officer or employee may supervise a relative in the performance of the relative’s official powers or duties.
Section 15. Political Solicitations.
(a) No municipal officer or employee shall directly or indirectly to compel or induce a subordinate municipal officer or employee to make, or promise to make, any political contribution, whether by gift of money, service or other thing of value.
(b) No municipal officer or employee may act or decline to act in relation to appointing, hiring or promoting, discharging, disciplining, or in any manner changing the official rank, status or compensation of any municipal officer or employee, or an applicant for a position as a municipal officer or employee, on the basis of the giving or withholding or neglecting to make any contribution of money or service or any other valuable thing for any political purpose.
Section 16. Confidential Information.
No municipal officer or employee who acquires confidential information in the course of exercising or performing his or her official powers or duties may disclose or use such information unless the disclosure or use is required by law or in the course of exercising or performing his or her official powers and duties.
Section 17. Gifts.
(a) No municipal officer or employee shall solicit, accept or receive a gift in violation of section 805-a(1)(a) of the General Municipal Law as interpreted in this section.
(b) No municipal officer or employee may directly or indirectly solicit any gift.
(c) No municipal officer or employee may accept or receive any gift, or multiple gifts from the same donor, having an annual aggregate value of seventy-five dollars or more when:
(1) the gift reasonably appears to be intended to influence the officer or employee in the exercise or performance of his or her official powers or duties;
(2) the gift could reasonably be expected to influence the officer or employee in the exercise or performance of his or her official powers or duties; or
(3) the gift is intended as a reward for any official action on the part of the officer or employee.
(d) For purposes of this section, a “gift” includes anything of value, whether in the form of money, service, loan, travel, entertainment, hospitality, thing or promise, or in any other form. The value of a gift is the gift’s fair market value, determined by the retail cost of the item or a comparable item. The fair market value of a ticket entitling the holder to food, refreshments, entertainment, or any other benefit is the face value of the ticket, or the actual cost to the donor, whichever is greater. Determination of whether multiple gifts from a single donor exceed seventy-five dollars must be made by adding together the value of all gifts received from the donor by an officer or employee during the twelve-month period preceding the receipt of the most recent gift.
(e) (1) A gift to a municipal officer or employee is presumed to be intended to influence the exercise or performance of his or her official powers or duties when the gift is from a private person or organization that seeks municipal action involving the exercise of discretion by or with the participation of the officer or employee.
(2) A gift to a municipal officer or employee is presumed to be intended as a reward for official action when the gift is from a private person or organization that has obtained municipal action involving the exercise of discretion by or with the participation of the officer or employee during the preceding twelve months.
(f) This section does not prohibit any other gift, including:
(1) gifts made to the municipality;
(2) gifts from a person with a family or personal relationship with the officer or employee when the circumstances make it clear that the personal relationship, rather than the recipient's status as a municipal officer or employee, is the primary motivating factor for the gift;
(3) gifts given on special occasions, such as marriage, illness, or retirement, which are modest, reasonable and customary;
(4) unsolicited advertising or promotional material of little intrinsic value, such as pens, pencils, note pads, and calendars;
(5) awards and plaques having a value of seventy-five dollars or less which are publicly presented in recognition of service as a municipal officer or employee, or other service to the community; or
(6) meals and refreshments provided when a municipal officer or employee is a speaker or participant at a job-related professional or educational conference or program and the meals and refreshments are made available to all participants.
Section 18. Board of Ethics.
(a) There is hereby established a board of ethics for the municipality. The board of ethics shall consist of three members, a majority of whom shall not be officers or employees of the municipality, but at least one of whom must be a municipal officer or employee. The members of such board of ethics shall be appointed by the [insert name of municipal governing body], serve at the pleasure of the appointing authority, and receive no salary or compensation for their services as members of the board of ethics.
(b) The board of ethics shall render advisory opinions to the officers and employees of the Town of Lexington with respect to article 18 of the General Municipal Law and this code. Such advisory opinions must be rendered pursuant to the written request of any such officer or employee under such rules and regulations as the board of ethics may prescribe. The board of ethics shall have the advice of legal counsel employed by the board, or if none, the municipality’s legal counsel. In addition, the board of ethics may make recommendations with respect to the drafting and adoption of a code of ethics, or amendments thereto, upon the request of the Town of Lexington.
Section 19. Posting and distribution.
(a) The Town of Lexington must promptly cause a copy of this code, and a copy of any amendment to this code, to be posted publicly and conspicuously in each building under the municipality’s control. The code must be posted within ten days following the date on which the code takes effect. An amendment to the code must be posted within ten days following the date on which the amendment takes effect.
(b) The Supervisor of the Town of Lexington must promptly cause a copy of this code, including any amendments to the code, to be distributed to every person who is or becomes an officer and employee of the Town of Lexington.
(c) Every municipal officer or employee who receives a copy of this code or an amendment to the code must acknowledge such receipt in writing. Such acknowledgments must be filed with the Town Clerk of the Town of Lexington, who must maintain such acknowledgments as a public record.
(d) The failure to post this code or an amendment to the code does not affect either the applicability or enforceability of the code or the amendment. The failure of a municipal officer or employee to receive a copy of this code of ethics or an amendment to the code, or to acknowledge receipt thereof in writing, does not affect either the applicability or enforceability of the code or amendment to the code.
Section 20. Enforcement.
Any municipal officer or employee who violates this code may be censured, fined, suspended or removed from office or employment in the manner provided by law.
Section 21. Effective date.
This code takes effect on April 6, 2010
Employee Handbook
Supervisor Greg Cross expressed that he felt that further discussion was needed on the Employee Handbook before that could be adopted, because it needed some added features. Supervisor Cross said that the buyout features are already in it and there is the possibility of putting soft ware on the computers that would oversee the use of the computer system in the town hall, which would have to be part of the handbook, and if the Town Board chooses to go that route with the computers and it would have to be put in the handbook prior to that being done. Further discussion was held, and it was said that if the town owns them ----- the Town Board has the right to monitor them. Supervisor Cross said that there is software that can be put on the computer that would give them a monthly report of any activity. Supervisor Cross went on to say that there are six computers and since the town is buying the internet service, so misuse of the internet service would be like stealing, and it would give the board a chance to see what one is doing on town time. More discussion was held and it would be postponed until more wording could be added for the computers.
Emergency Preparedness Plan
Supervisor Greg Cross said there were quite a few changes which are needed to update the plan. Changes would be made regarding the Supervisor, Deputy Supervisor, Council Members, and etc. A discussion was held regarding the changes.
Councilmember Keith Mellott made a motion to nominate Janice Mellott to be a representative for the Hunter Elementary School Building for the HTC School District, second by John Berger. All Council Members agreed.
Resolution # 60-10
Adopt “Emergency Preparedness Plan”
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 Board moves to adopt the following "Emergency Preparedness Plan"
EMERGENCY PREPAREDNESS PLAN
Town of Lexington, New York
Original Adopted January 19, 1994
Modified – April 6, 2010
The purpose of this plan is to cite the authority, formulate procedures and provide guidance for the coordinated action in rendering assistance to the citizens within the Town of Lexington in the event of a disaster.
BASISDisaster planning is based on the New York State Defense Emergency Act, the regulations and orders of the State Defense Council and the State Civil Defense Commission; the Emergency Plan for the Natural Disaster of the State of New York; and the National Plan for Natural Disaster Mobilization.
The Town of Lexington recognizes that planning and preparatory actions are required before an emergency. Emergency preparedness allows the Town of Lexington to prepare and react to emergency situations to save life and property if the Town is threatened or hit by a disaster and major emergency.
The Town Board shall have the primary responsibility to see that everything possible is done to prepare for any disaster and to provide for the safety and security of the community during a disaster.
Designate Emergency Operations Center (E.O.C.) - The Emergency Operations Center for the Town will be in the Board room of the Municipal Building on Rt. 42, Lexington, NY 12452. Once the Supervisor or next in line has declared an emergency exists, the Emergency Operations Center will be staffed on a twenty-four hour basis until the declared emergency subsides. The Emergency Operations Center will forward all warnings, directives, information, etc., to various local departments as appropriate. This will be done through the use of department representatives, telephones (located in the Emergency Operations Center), and radios in the Police, Fire, Highway, and Civil Defense Departments and in the offices of cooperating agencies. Each member assigned to the Emergency Operations Center will be familiar with this plan, particularly with the section pertaining to each responsible person's service duties.
Essential Emergency Operations Records - The Town Supervisor and Town Clerk, functioning at the Emergency Operations Center, are responsible for the maintenance and availability of records, documents, plans and other materials required to discharge their and others' functions during an emergency.
Sequence of Action - Members of the Town of Lexington Board and other designated personnel will assemble as soon as possible at the Emergency Operations Center upon notification of the existence of an emergency. To cope with the effects of an emergency, appropriated steps will be taken at the Emergency Operations Center to mobilize fully the available personnel, resources, facilities, supplies and materials in the Town of Lexington according to the guidelines set forth in this plan.
1. The Town Supervisor/Chain of Command or the designated emergency coordinator is responsible for the notification and declaration of an emergency or disaster.
2. Each department head in the Town of Lexington is responsible for assuring maximum effectiveness and utilization of all personnel and equipment of the department to accomplish the Town's responsibilities. Each department head will retain control of the assigned department and implement orders received from the Emergency Operations Center.
3. The Town of Lexington should seek the cooperation and aid of any or all surrounding communities in the event of an emergency or disaster. Arrangements for the mutual aid should be made prior to any emergency or disaster.
4. The Town of Lexington should contact the County Emergency Control Center regarding any major emergency or disaster situation. Emergency assistance should be requested when local or mutual aid resources are exhausted. All requests for County Emergency Control assistance of any nature by any Department will be approved by the Town Supervisor/Chain of Command and will be made to the County Director of Emergency Control Center by direct phone contact or by the Emergency Radio network.
5. Military Assistance requests will be made by the Town Supervisor/Chain of Command of the Town to the Greene County Administrator who will forward the request to the Greene County Emergency Control Center and then to the State Natural Disaster Commission.
6. The American Red Cross is recognized as the agency responsible for mass care to persons immediately following a disaster. Local Red Cross-chapters can extend natural disaster relief assistance to individual and families and the Red Cross can assume administrative and financial responsibility in providing such assistance. American National Red Cross has been assigned this responsibility by the Congress of the United States. The Red Cross chapter responsible for the Town of Lexington is the Catskill Chapter located on Main St., Catskill, NY. The contact person is Amelia Osborn at 989-6408.
The responsibilities and functions listed below recognize only basic duties. Each of the position descriptions may be altered or expanded to suit the needs of the individual town or village. One person may fill one or more of the below listed positions.
1. The Town Supervisor/Chain of Command of the Town of Lexington is responsible for the conduct of disaster operations within the Town of Lexington.
The Town Supervisor/Chain of Command of the Town of Lexington shall use any and all facilities, equipment, supplies, personnel, and other resources of the Town of Lexington in such a manner as may be necessary or appropriate to cope with the disaster.
The Town Supervisor/Chain of Command shall direct the activities of all agencies within the Town of Lexington against the effects of emergency in conformance with the approved plans for the rescue and relief of the people, the recovery and rehabilitation of the community of the Town. The Town Supervisor/Chain of Command will utilize services of the Emergency Control Center and its staff for implementation of necessary measures to achieve emergency operations.
2. The Town Board as the elected body of the people, under the direction of the Town Supervisor/Chain of Command, shall take all appropriate steps to prepare for any disaster or emergency and shall generally be responsible for the implementation of this and other emergency preparedness plans.
3. The Town Clerk, under the direction of the Town Supervisor/Chain of Command, is responsible for the maintenance and availability of essential record documents and other materials, required during the emergency. All vital records of the Town Clerk, Assessor, Building Inspector/CEO, and Court will be locked down during the emergency.
4. The Incidence Commander, appointed by the Supervisor/Town Board directs the implementation of the comprehensive plan for the Emergency Control Center, under the direction of the Town Supervisor/Chain of Command. Also, under the direction of the Town Supervisor/Chain of Command, the INCIDENCE COMMANDER coordinates the emergency operations of the Emergency Control Center, prepares estimates of the situation, advises the Town Supervisor/Chain of Command of the operation priorities and recommends requests for assistance from Greene County Emergency Control Center.
5. The Fire Chief and Fire Officers will be responsible for the direction of all action to contain and extinguish fires resulting from emergencies and the removal of trapped and injured persons from damaged buildings and flooded areas. The local Fire Chief may call upon the Fire Coordinator of the County under mutual aid, for advice and/or assistance concerning fire related emergencies, relief operation, and coordination of emergency shelter and feeding operations.
6. The Local Police may designate a Traffic Control Officer to be part of the Emergency Control Center for the purpose of controlling traffic and population movements. The local police will direct all action to maintain order, prevent looting, and help alleviate panic, direct injured to medical installations, and assist handicapped persons by obtaining transportation and directing them to the nearest Emergency Control Center. The Town Supervisor/Chain of Command may call upon the NYS Police and/or Greene County Sheriff’s Department for advice and/or
7. The Local Superintendent/Director of Highways is responsible for the maintenance of streets and bridges and all official trucks, cars, and equipment. The superintendent will direct action to check, restore, and maintain essential public facilities and services such as streets, bridges, public buildings and other vital community services, calling upon all Public Works and Engineering Services of Greene County for such assistance. The Highway Superintendent will work in conjunction with Central Hudson, the New York Telephone Company, any local water and sewer boards and any other local utilities in the restoration of the various essential services
8. The Building Inspector of the Town will be responsible for safety inspections of damaged homes and businesses before evacuees are allowed to reoccupy such buildings.
9. The Public Information Officer - The Town Supervisor/Chain of Command of the Town of Lexington, directs the local dissemination of emergency information, the issuance of news reports to the public and notifies the County Emergency Control Center on the status and development of emergency measures, using all media of public communication
10. The Medical Officer or Staff directs all action to render health and medical services to the community. The officer or staff should alert hospitals and ambulances in the area regarding anticipated medical needs. The Rescue Squad President will assume this responsibility.
11. The Logistics Officer (Resources and Production) carries out measures necessary to the emergency handling of all local resources, whatever is needed.
12. The Operations Officer directs the assignment of personnel to the various emergency services as requested.
13. The Transportation Officers, Highway Superintendent for town trucks/ Fire Chief for fire trucks, carry out measures necessary to the utilization of all transportation modes for support and rescue operations.
14. The School Representatives direct the action related to care for school students in school during an emergency situation.
15. Additional responsibilities and functions. All department heads and/or those responsible for carrying out parts of the emergency operations for the Town of Lexington shall have their responsibilities and functions listed within this plan. List below any additional responsibilities and functions.
Court Clerk shall be responsible for securing court records; Safety Officer shall be responsible for overseeing the safe use of equipment and materials; Assessor shall be responsible for securing records in assessor’s office.
The Town of Lexington identifies the following chain of command flow chart that outlines major positions as those, which can be used in the event of an emergency
NIMS Training
The NIMS (National Incident Management System) training is needed for the new Town Board Members. A discussion was held on taking it on line or attend a session at the Greene County Emergency Management Center in Cairo, NY
Mountain Top Map & Guide
Supervisor Greg Cross had the map and guide to hand out, which the town had to contribute to for the distribution and printing.
Deputy Code Enforcement Officer
Ambulance Service
Supervisor Greg Cross said that Council Member Lynn Byrne, Carolyn Bennett, and he had met since the last meeting and chooses to put advertisement in the newspaper to solicit interest for ambulance drivers and EMT’s. The town has received a letter of interest on an EMT and one on a driver.
Supervisor Cross also had a letter signed by all the Town Board Members which was addressed to the Fire Commissioners requesting information in writing so a final budget could be process for the ambulance services. The letter is on file in the Town Clerk’s office.
Mapping Computer for Planning Board
Supervisor Greg Cross said the Town of Lexington Planning Board would like to have a computer for their meetings so they could view maps at their monthly meetings. A discussion was held on what computer should be purchased.
Resolution # 61-10
Purchase a Lap-Top Computer / Planning Board
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
This Town Board moves to purchase a computer for the Planning Board in the five hundred dollar range to use at their monthly meetings.
Clean Up Day
A discussion was held on Clean Up Day. It was decided that the week of May 10th, 2010 would be the date for the Clean Up and it would be for metal only. The Town Clerk will advertise and let the residents of Broad Street Hollow know when it is going to be.
Information on New Plow Trucks
Supt. of Highways, Frank Hermance, furnished the Town Board Members with two proposal for trucks which they can review. One was from Ben Funk, Inc. for the International State Contract, and the other from Russ Springer for the Mack.
Municipal Roof Leak
Supervisor Greg Cross said that he and John Berger would fix the roof as soon as they have a few dry days to get a dry work surface.
Highway Workers Workweek
Supervisor Greg Cross said that he would like to open the discussion up to the Town Board members to see what they feel about a four or five day work week for the highways department. A discussion was held.
Resolution # 62-10
Work Week for Highway Department
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 Board resolves to have a five day work week with eight hours each day for the Highway Department.
CPR Class
A CPR Class will be held on April 17th, 2010 @ 9:00 am in the fireman's room, and contract Liza Dwon at 989-6544 for further information There is a fifty dollar charge, and it would give you a two year certificate.
Speed Limit
Notice was received from NYS DOT saying that the speed limit for County Route 2 from the Mosquito Point Bridge to the Lexington/Prattsville line (town line) was set at 35 mph.
A Bus for the Youth to go to Mine Kill
Supervisor Greg Cross said that he is making some progress with Dr. Sweeney in an effort to get the use of a school bus for the transportation of the youth during the Youth Program, rather that outsourcing it to Touche Transit. There are questions which the Youth Director, Nina Berger needs to answer, so they will be forwarded to her and she will contact Phyllis at School Transportation with the answers.
Public Concerns
Jo Ellen Schermerhorn was concerned with the fire numbers because many of them have faded and cannot be read. Council Member Glenn Howard and Keith Mellott will make a list of the problem areas. Jo Ellen's seconded concern was the culvert and ditch on County Route 13 near her house. Greg, Keith & Glenn were all aware of the dangerous section of road and said they would try to get the Greene Co. Highway Dept. to address and fix the problem area.
Municipal Building Lawn & Main Street Property
A discussion was held on cleaning up the park area and the lawn at the Municipal Building. Council Member Lynn Byrne offered to spread the mulch if it was put near the shrubs where it needs to go. Further discussion was held on the lawn clean up.
Ray Albino said that if you need someone to do town work ---- you can call the probation department and they have people for community service.
Fire & Burglar Alarm
Ray Albino said that he inquired last month about a Burglar & Fire Alarm for the Municipal Building and wanted the Town Board to look into installing one. A discussion was held and Ray thought that it was a valuable lesson learned from what happened in Ashland when they lost their fire house and office buildings from a fire. Supervisor Greg Cross will call to get prices and check out the alarms.
Light on Flag
Councilmember Glenn Howard said that a light needs to be put on the flag on the front lawn. Councilman Howard will contact Robert Basil to install the wiring for the light, and whatever else is necessary.
Cell Tower
Councilman Howard said that he has been in contact with Kim McDonald from JNS Towers and she will be here in a couple of weeks to review the sites and the town would need to move on from there. Kim McDonald said that the town should write a letter with their concerns for not having cell service and submit to them because it would help her get a carrier on the tower. Councilman Howard also said that he spoke with Attorney Tal Rappleyea and he assured Mr. Howard that the agreement which he reviewed is alright. Councilman John Berger said that he would like a copy of the agreement to look over.
Oil Tanks
Councilman Glenn Howard said that he checked out the oil tanks and said that they are fairly new and it looks like it is in a pit and the fill line in down in there. Councilman Howard went on to say that he believed that the town needed to get someone that installs gas station tanks because one is getting water in because he thought that a rubber seal was leaking. He explained further that someone who knows what they are doing needs to look at it. Councilman Glenn Howard will look into getting someone to fix the problem.
Use Pavilion / Car Show
Councilman Glenn Howard asked for permission on behalf of the West Kill - Lexington Community Improvement Association to use the Municipal Building grounds and Pavilion for a Concession Stand and Car Show on Saturday, August 14th, 2010. Supervisor Greg Cross will look into the insurance coverage.
Resolution # 63-10
Transfer Funds for Lawn Mover Purchase
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
Whereas, the Town of Lexington Town Board decided to mow the lawn of the Municipal Building and therefore needed to purchase a lawn mower:
This Town Board resolves to transfer funds for payment:
From: Health Insurance -- A9060 -- $6,700.
To: Building, Equipment -- A1620.2 -- $6,700
Supervisor Greg Cross addressed the public and the Town Board Members and wanted to say that it was a pleasure to work with them and it was also a pleasure to be Supervisor for the Town of Lexington.
Resolution # 64-10
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 Board resolves to leave the regular meeting and enter into Executive Session to discuss personal issues at 8:25 pm.
Rose Williams, Town Clerk, was excused from the Executive Session.
Resolution # 65-10
Go into Executive Session
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 resolves to leave Executive Session and return to the regular meeting
at 9:15 pm.
The Town Clerk returned to the meeting.
Resolution # 66-10
Weekly Hours / Code Enforcement Officer
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 resolves to set the hours for the Code Enforcement Officer at sixteen (16) hours per week and request a detail log of daily activities.
Pay the Bills
Resolution # 67-10
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 # 4 in the following amounts:
General Fund No. 49 through No. 77 = $ 14,755.33
Resolved that the bills be paid on Highway Fund Abstract # 4 in the following amounts:
Highway Fund No. 42 through No. 64 = $ 33,989.95
Resolved that the bills be paid on Special Lighting District Fund Abstract # 3 in the following amounts:
Special Lighting District Fund No. 3 through No. 4 = $ 423.70
Adjourn
With no further business, on a motion from Council Member Keith Mellott, seconded by Councilmember John Berger, the meeting shall be adjourned. Carried unanimously.
Supervisor Greg Cross adjourned the meeting.
Respectfully submitted,
Rose Williams, Town Clerk