Board Meeting

June 1,  2010

The Regular Meeting of the Town Board of the Town of Lexington was called to order on June 1,  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: Deputy Supervisor Mary Cline,  Elizabeth Hapeman, Historian Karen Deeter, Code Enforcement Officer - James Boyle, Lois Jenkins, Ellouise Cole, Dan Davern, and Mike Ryan from the Windham Journal.

Resolution # 78-10
Accept the 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 accept the minutes of the Regular Meeting held on May 4, 2010.

Financial Report

                Supervisor Greg Cross presented the Financial Report for January through May, 2010 to the Council Members.   

Resolution # 79-10
Approve Financial Report

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

                This Town Board approves the Financial Report which ended May 2010, which was presented by the Supervisor.

                Councilmember Lynn Byrne asked if she could have a copy of the hours of the Town Employees at every Town Board Meeting for the previous month – what they turn in for payroll.  Supervisor Cross said that would not be a problem.

Kenneth A. Becker Municipal Building Dedication

                Supervisor Greg Cross said the dedication for the Municipal Building as the Kenneth A. Becker Municipal Building on June 19th, 2010 at 12:30 pm.  The town will advertise in the newspaper and put it on RIP.  Councilmember Howard said that he has Honor Guard from Phoenicia and the American Legion from Prattsville, and they are ready to attend.   A discussion was held on getting the Fife and Drum Corp. from the Hunter – Tannersville School and Councilmember Byrne will see if they are available.   Supervisor Greg Cross said that they are trying to get the former Supervisor’s for the Town to attend the dedication.  If it rains, the trucks will be pulled out for the event.  More plans are forthcoming.

RESOLUTION # 80-10
Participate in Greene County Bid Prices

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

                WHEREAS, Greene County has advertised for bids for supplies and materials to be used in highway construction and awarded contracts for the same;

                THEREFORE, BE IT RESOLVED, that the Town of Lexington does hereby participate in the purchase of supplies and materials subject to the rules, adopted by the County pursuant to Section 408-a of the County Law.

Cell Tower Update

                Councilmember Glenn Howard said that he has talked to Kim McDonnell from JNS Towers, LLC. and they received the letter and resolution from the last meeting.   They do have a carrier that is interested and Councilman Howard said that the sites would be reviewed as soon as he can get the company here to check them out again.

Code of Ethics

                The Code of Ethics was passed by the Town Board on April 6th, 2010, and it was discovered that the Town of Lexington has a “Ethics & Disclosure Law” which was a Local Law that was passed as Local Law # 2 of the year 1990, which cannot be overturned unless it is amended.  Rose Williams, Town Clerk has e-mailed Attorney Tal Rappleyea to see what is happening and no response yet.

Scott Alarm System

                Supervisor Greg Cross asked Councilmember Glenn Howard if he received a response from the Fire Commissioners – what they would be willing to put towards the alarm system ---- would they be willing to chip in as much as the Town Board would like them to, but Councilman Howard thought they should get together (the Commissioners and the Town Board Members) to discuss the issue.   Supervisor Cross will contact the Chairman of the Fire Commissioners, Ralph Albino.

Youth Program

                A discussion was held on the method of transportation that would be used this year for transporting the children to and from Minekill State Park.  The proposals were from Touché Transit and the Hunter Tannersville Central School Dist.
                Tonché  Transit  Inc. from Mount Tremper, NY 12457 and the Hunter Tannersville Central School District submitted their proposal for the transportation.  A discussion was held.

Supervisor Greg Cross made a motion to go with Tonche Transit Inc.  (No second was made.)

RESOLUTION # 81-10
Transportation to Mine Kill State Park / Summer Program

                Council Member Glenn Howard made a motion, seconded by Councilmember Lynn Byrne to do the following resolution that was
ADOPTED.
Aye – 4 - Cross, Mellott, Howard, & Byrne
                Nay – 0
                Abstain – 1 – Berger

                This Town of Lexington Town Board will go with the Hunter-Tannersville Central School District for the transportation to the Mine Kill State Park for the Youth Program for the 2010 year.

Arts Program for Summer

                Supervisor Greg Cross received a copy of the report from Suzanne Walsh regarding the Summer Arts Program which she provides for ten children from the Town of Lexington on Mondays and Wednesdays starting July 5th, and ending on August 4th.  A discussion was held.

RESOLUTION # 82-10
Adopt Summer Arts Program

                Council Member Lynn Byrne made a motion, seconded by Councilmember Lynn Byrne for the following resolution that was
ADOPTED.
Aye – 5 - Cross, Mellott, Howard, Berger,  & Byrne
                Nay – 0

                This Town of Lexington Town Board resolves to accept the Summer Arts Program by Suzanne Walsh, which will be held on Mondays and Wednesday from July 5th to August 4th, 2010 at a cost of 1,884.53.

                Supervisor Greg Cross said that he would get a list of the children who sign up for the Arts Program from Susan.

Ambulance Service

                Supervisor Greg Cross and Councilmember Lynn Byrne believe that it is time for the town to move forward with an ambulance service.  A discussion was held.  Supervisor Cross said that he believes that the town cannot go on without this service.  They agree that they should get a good solid budget number and find out what it is going to cost per thousand, so the individual tax payer will know what the cost would be for them.   Further discussion was held. 

                Supervisor Greg Cross and Councilmember Lynn Byrne will meet with Assessor Georgette Krauss to come up with a figure for the amount per thousand.   Supervisor Cross and Councilmember Byrne will work on the budget for the ambulance meeting.
 
                The Town Board Members agreed to move forward and have an “Informational Meeting” on June 30th, 2010 @7:00 pm.

Plow Truck Discussion

                Supervisor Greg Cross asked Supt. of Highways, Frank Hermance, if he came up with any more numbers and he said that he did. The Supt. of Highways Frank Hermance explained what the trucks were and their price.  The trucks explained were a Mack and an International.  A discussion was held.  
                Councilmember Byrne said that she would like to wait with the decision on the trucks until the Board gets the ambulance service going first.
                Councilmember Berger said that he was against getting the plow truck now because there is three more years yet to pay on the trucks they have.
                Councilmember Howard said that the taxpayers can only handle so much at once.
                Supervisor Cross said that he agreed with Councilmember Lynn Byrne and thought that the ambulance had to be done first.
                More discussion was held.

RESOLUTION # 83-10
New Trucks

On a motion by Councilmember John Berger, seconded by Councilmember Keith Mellott, the following resolution was
ADOPTED.
                Ayes 4 -- Cross, Mellott, Berger, Byrne.
             Abstain 1 – Howard (Wanted to table the decision until later)
                Nays – 0

                It is resolved, that this Town of Lexington Town Board is against the purchase of a new truck for the Highway Department at the present time.  

Floor in the Highway Garage

Supervisor Greg Cross said that he and Councilmember John Berger are still trying to get the floor poured in the Highway Garage.   A discussion was held on when the floor could be done.  
               
Public Concerns

                Mark McCarroll from Broad St. Hollow Road said that the Highway Dept. does a fabulous job over there, but had a concern about Timberlake Camp opening up again which makes for traffic by his house which leads to a dead end road.  Mr. McCarroll asked if a “Dead End” sign could be put up on the road to alleviate the problem.  Supt. of Highways Frank Hermance said that he would look into putting up a sign. 
                Mark McCarroll said that his new problem was that when he had his new septic installed --- they left boulders on his property and had not been successful in getting them removed, and felt that the contractor did not complete his job and the rocks were put on his neighbor’s property also.  Therefore, the Supervisor from Shandaken told Mr. McCarroll that it might help him to have the Town of Lexington Supervisor write a letter or talk to CWC, so that was why he was asking for help with his boulders.  A discussion was held.
                Elizabeth Hapeman said that she was very disturbed by the way properties look on Main Street in Lexington.  Supervisor Cross said he was glad to be reminded of that and he had two additional complaints and did get a letter from the Code Enforcement Officer in reference to the NYS Property Maintenance Code for rectifying this situation.   Supervisor Cross will contact the owner with an e-mail to see if he can get the grass cut.  Ellouise Cole said the old green car should be removed also.
                Elizabeth Hapeman also asked if anything was addressed regarding the bad spot on County Rt. 13 just below the Schermerhorn residence because it is getting worse all the time.   Supervisor Greg Cross said that he spoke with Greene Co. Highway Supt. Gary Harvey and he assured him that Lexington doesn’t get forgotten by the County, but the Supervisor did make him aware that the spot has been an issue for several years.   Supervisor Cross feels that the driving lane coming down the hill is sinking and we are being forgotten even though they say we are not forgotten.  A discussion was held.
                Councilmember Howard said there are issues in West Kill also and asked the County men on what the chances were are on getting guide rails put up and they didn’t believe there would be any chance of it getting done.   They said it will not get done this year.

                Elizabeth Hapeman asked about the fire numbers.  Councilmember Howard said that the Commissioners are working on it --- looking for a new place to buy the numbers.

                Supt. of Highways Frank Hermance said that at the end of Rappleyea Road --- he would not be plowing any further than the town road starting this year – if it is not a town road – the town will not plow it because it is a private road.  The Superintendent went on to say that there is no contract or written agreement that the town is suppose to plow that road – it cannot be maintained as a town road until the town takes the road over and makes a turnaround up there, therefore he feels it is unsafe and will not go any further than the town line starting this year.   The Town Clerk asked where the town line was and Supt. of Highways, Frank Hermance said that it was before the Duchene residence.   Further discussion was held.  Councilmember Lynn Byrne said the people on the road should be informed by the town that there section of road would not be plowed.

                Councilmember Howard said the snowmobile club gets grants every year and they evaluate their funds and then donates funds back to the town that sponsors them, which is the Town of Lexington, Halcott, and Prattsville.   Therefore, the Snowmobile Club donated Three Hundred Dollars to the town which is to go towards the youth of the town.

Announcements:
Solid Waste Clean Up in Athens (Household Hazardous Waste Collection – June 26 from 8-12
Voting Machines will go to H.T.C. (Town getting new machines)

Oil Tanks

The lid on the spill container to the fuel tank needs fixing because water gets into the tank. Councilman Glenn Howard had a guy come to look at it and he said that the spill container needs to be replaced.   The guy also gave Glenn H. a name of someone who could come and do a pressure check on the tank which would tell if there were any other leaks in the tank. 
The proposal to fix the spill container from Valley Petroleum Services, LLC was at a cost of $2,925.00.   The pressure test would cost $500.00
Councilmember Howard asked if it should be advertised in the newspaper for another price.  Albany Tank Services was contacted, but they didn’t have time to come.   It was said that Conklin from Newburgh does this type of work, so Councilman Howard will contact them for a price.

RESOLUTION # 84-10
Oil Tank Pressure Tested

On a motion by Councilmember John Berger, seconded by Councilmember Keith Mellott, the following resolution was
ADOPTED.
                Ayes 5 -- Cross, Mellott, Berger, Howard, Byrne.
                Nays – 0
 
                This Town Board moves to have the oil tank pressure tested to see where the water is coming from at a cost of $500., and Councilman Glenn Howard will contact the person. 

Executive Session

Resolution # 85-10
Open Executive Session

                On a motion by Council Member John Berger, seconded by Council Member Lynn Byrne, the following resolution was
ADOPTED - Ayes - 5 - Cross, Howard, Byrne, Mellott, & Berger
                    Nays - 0
                      
                This Town Board moves to go into Executive Session to discuss personnel issues. Time: 8:55 PM

Town Clerk Rose Williams excused herself from the Executive Session and Code Enforcement Officer, James Boyle attended the Executive Session.

Resolution # 86-10
Close Executive Session

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

                This Town Board moves to close the Executive Session and return to the regular meeting. 
Time: 9:15 PM

Audit the Bills

RESOLUTION # 87-10
PAY THE BILLS

                On a motion by Council Member Glenn Howard, seconded by Council Member John Berger, the following resolution was
ADOPTED - Ayes - 5 - Cross, Howard, Byrne, Mellott, Berger.
                    Nay – 0
                   
Resolved, that this Town Board, having audited the following General Fund Vouchers # 112  through #137, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract # 6, General Fund, on the Supervisor for payment of $11,145.80

Resolved, that this Town Board, having audited the following Highway Fund Vouchers # 80 through # 90, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract # 6, Highway Fund, on the Supervisor for payment of $ 5,246.58

Resolved, that this Town Board, having audited the following Special Lighting District Voucher # 5, hereby orders it paid and directs the Town Clerk to draw Abstract # 4, Special Lighting District Fund, on the Supervisor for payment of $201.78.

Adjourn

                Councilmember Keith Mellott made a motion to adjourn the meeting, seconded by Councilmember Glenn Howard.  All agreed.

                Supervisor Greg Cross adjourned the meeting.
Respectfully submitted,

Rose Williams,
Town Clerk, RMC
Town of Lexington