Board Meeting 6/05/2007

The Regular Meeting of the Town Board of the Town of Lexington was called to order on June 5, 2007 at 7:00 P.M., by Supervisor Dixie Baldrey at the Lexington Municipal Building, followed by the pledge of allegiance. A moment of silence was observed in memory of Robert Kiley and Wolodymyr Hrycyn

PRESENT: Supervisor ....................................... Dixie Baldrey
Council Members......……..….......… Keith Mellott
Paul Van Valkenburgh
Maurice Nelson
Town Clerk ...................................…... Rose Williams

ABSENT: Council Member ………………………. Lynn Byrne

OTHERS PRESENT: Ralph J. Albino, Glenn Howard, Nicholas Palermo, Ellouise Cole, James Boyle, Code Enforcement Officer; John Loftus, Elizabeth Hapeman, Bob Romanec, Mildred Hermance, Nancy Kizyma, and Mike Ryan (Windham Journal Rep.)

RESOLUTION # 62-07
AMEND THE MINUTES OF 6/5/07

On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Maurice Nelson, the following resolution was
ADOPTED - Ayes - 4 - Baldrey, Mellott, Nelson, Van Valkenburgh
Nays – 0
Absent – Byrne

This Town Board moves to amend the minutes of May 1, 2007 by correcting the amount of money in Resolution # 55-07 to read one hundred and seventy-five dollars -- $175.00 (instead of one hundred and fifty dollars), and;
It further resolves to amend Resolution # 59-07 to read:

All Hazard Mitigation Planning Process

WHEREAS, The Town of Lexington has limited capability to undertake extensive participation in the preparation of a hazard mitigation plan; and
WHEREAS, Greene County Soil and Water Conservation District is able to act on behalf of the Town of Lexington in the analysis and development of a hazard mitigation plan; and
WHEREAS, The Greene County Soil and Water Conservation District shall prepare a hazard mitigation plan in accordance with FEMA requirements at 44 C.F.R. 201.6; and
WHEREAS, Greene County Soil and Water District shall deliver a draft copy of the Plan for public comment as well as the governing body’s comment during the planning process and prior to adoption.
NOW THEREFORE, The Town of Lexington Town Board authorizes Greene County Soil and Water Conservation District to participate in the preparation or prepare the Multi Jurisdictional Mitigation Plan on behalf of the Town of Lexington which shall be reviewed and considered for adoption by the Town of Lexington Town Board upon completion.

RESOLUTION # 63-07
ACCEPT THE MINUTES

On a motion by Council Member Keith Mellott, seconded by Council Member Maurice Nelson, the following resolution was
ADOPTED - Ayes - 4 - Baldrey, Mellott, Nelson, Van Valkenburgh
Nays – 0
Absent – Byrne

This Town Board moves to accept the minutes of May 1, 2007 after being amended by Resolution # 62-07.

Minutes of June 17, 2007

Supervisor Dixie Baldrey stressed that the Town Board is considering a revaluation in 2009 and has not committed to do one as suggested in a Windham Journal article.

RESOLUTION # 64-07
ACCEPT THE MINUTES OF 5/17/2007

On a motion by Council Member Maurice Nelson, seconded by Council Member Keith Mellott, the following resolution was
ADOPTED - Ayes - 4 - Baldrey, Mellott, Nelson, Van Valkenburgh
Nays – 0
Absent – Byrne

This Town Board moves to accept the Minutes of the Special Meeting held on May 17, 2007.

Supervisor’s Financial Report

Supervisor Dixie Baldrey asked the Town Board Members to review the Financial Report and asked for any questions or comments.

RESOLUTON #65-07
ACCEPT FINANCIAL REPORT

On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Maurice Nelson, the following resolution was
ADOPTED - Ayes - 5 - Baldrey, Byrne, Mellott, Nelson, Van Valkenburgh
Nays – 0

This Town Board of the Town of Lexington accepts the Financial Report ending with May 31, 2007, as presented by Supervisor Dixie Baldrey.

Cell Tower

Supervisor Baldrey said that the Cell Tower Company would be coming on June 11th to explore their options and check out the town properties for cell use. Assessor Georgette Krauss has made a list of the town properties for them to use.
Glenn Howard said that there was an old tower off of Beech Ridge Road, that is now owned by Julia Fields and it was an old communication site that was used many years ago. Supervisor Baldrey said that the cell company needs a piece of land seventy by seventy or somewhere in that area. Mrs. Fields is selling her property to NYC DEP, but thought there might be a chance that she would donate that section to the town. Supervisor Dixie Baldrey said that she would get the phone number from Ralph Grinnell and check with her before they come, so maybe the property could be added to the list.

Clean Up Day went well and was completed.

Residency

RESOLUTION # 66-07
RESIDENCY

On a motion from Councilmember Paul Van Valkenburgh, seconded by Councilmember Keith Mellott, the following resolution was
ADOPTED. Ayes 4 -- Baldrey, Mellott, Nelson, Van Valkenburgh
Nays 0
Absent 1- Byrne

WHEREAS, the Greene County Treasurer's Office has petitioned the Town Board of the Town of Lexington for the residency status of the below named individuals, and,
WHEREAS, the Town Board of the Town of Lexington has confirmed that the below mentioned individuals does, in fact, reside within the Town of Lexington, Therefore;
BE IT RESOLVED, that the Town Board of the Town of Lexington hereby certifies the below named individuals does reside within the Town of Lexington.
Sarah Jordan
Andrzej Stopka

Highway Expenditures

RESOLUTION # 67-07
HIGHWAY EXPENDITURES

On a motion from Councilmember Keith Mellott, seconded by Councilmember Paul Van Valkenburgh, the following resolution was
ADOPTED. Ayes 4 -- Baldrey, Mellott, Nelson, Van Valkenburgh
Nays 0
Absent 1- Byrne

Whereas the Town of Lexington Town Board pursuant to the provisions of Section 284 of the Highway Law agrees that money levied and collected in the Town for the repair and improvement of highways, and received from the State Aid for the repair and improvement of highways, shall be expended as follows:

GENERAL REPAIRS

The sum of $52,000 shall be set aside to be expended for primary work and general repairs upon 34.68 miles of Town highways, including sluices, culverts and bridges having a span of less than five feet or the renewals thereof, and;

Resolution #67-07 --- Continued

PERMANENT IMPROVEMENTS

The following sums shall be set aside to be expended for the permanent improvement of Town highways.
a. On the road commencing at Beech Ridge South Intersection and l leading to Minew Road, a distance of miles, there shall be expended not over the sum of $47,652.23, and the type is Blacktop, and the
width of travel surface is 20’, with a thickness that is 2″.

Mowing the Grass

Supervisor Dixie Baldrey said that their has been a number of volunteers who have been mowing the grass on the newly acclaimed property of the Town of Lexington along lower Main Street, and Supervisor Baldrey said that the town could ask Rose Ann West to mow it or offer to pay the volunteers. The Town Board Members decided to see if Rose Ann West could mow the property, so Supervisor Baldrey will ask her.

Community College Chargebacks

Supervisor Baldrey explained what college chargebacks are and how it cost the town money --- it is for money that is charged back to the town for tuitions for community colleges outside of Greene County. The home County has to pay something to the community college because it is supported by the home County. Last year, it cost the town $12,000.

Greene County Bid Prices

RESOLUTION # 68-07
PARTICIPATE IN GREENE COUNTY BID PRICES

On a motion from Councilmember Paul Van Valkenburgh, seconded by Councilmember Maurice Nelson, the following resolution was
ADOPTED. Ayes 4 -- Baldrey, Mellott, Nelson, Van Valkenburgh
Nays 0
Absent 1- Byrne

WHEREAS, Greene County has advertise 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 Greene County pursuant to Section 408-a of the County Law.

Court Security

Supervisor Baldrey said that the Office of Court Administration is in the process of reviewing court systems to see what a town has and what they need. One of their primary findings was to have a security person in the court room on court night, and the town might have to consider doing that in the future.

Tree Estimates

The Town of Lexington has been seeking estimates for the trimming of the four large pin oak trees that are on the line between the Municipal Building and the residence of Salvatore & Antonella Casella. The estimates are as follows:
Kyle Byrne, 11901 Route 23A, Prattsville, NY 12468 == Prune 1 tree: $800.00
Prune 2 trees: $1,400.00
Prune 3 trees: $ 1,800.00
Prune 4 trees: $ 2,300.00

Northeast Tree Service, P.O. Box 624, Phoenicia, NY 12464 = Trim 4 large oak trees: $3,200.00
Tom Pelham Tree Service, P.O. Box 93, Maplecrest, NY 12454 = Trim 4 large oak trees: $2,500.00


Supervisor Dixie Baldrey said that the neighbors came to a meeting here (December 28, 2006) at the Municipal Building because they were upset with the trees that are on the line between them and the town. They said that the limbs are very dangerous and they might cause injury when they fall. I have enclosed a portion from the minutes of the December 28, 2006 meeting, which was:

 

“Trees
Sal & Antonella Casella came to the meeting to say that the trees on the line between and the Municipal Building are dangerous and need trimming. A discussion was held.
Supervisor Baldrey said that there is a problem with the trees and she will have someone take a look at the trees to see what can be done. Supervisor Baldrey will get some recommendations for the trees and try to get an estimate. Then get together with the Casella’s to
see what can be worked out. --- make some kind of an agreement. Supervisor Baldrey said that she would also run the tree problem by Attorney Tal Rappleyea for his input.
Councilmember Lynn Byrne said that she would have Kyle Byrne look at the trees for an estimate.”

Supervisor Dixie Baldrey will contact the neighbors and let them know what the lowest proposal was that was received regarding the trimming of the trees. Supervisor Baldrey will also discuss the proposal with Sal and Antonella Casella to see if they would help with the cost because that is what they implied to the town back in December when they came to the meeting.
A discussion was held.

RESOLUTION # 69-07
ACCEPT BID PRICE / TREE PRUNING & TRIMMING

On a motion from Councilmember Paul Van Valkenburgh, seconded by Councilmember Keith Mellott, the following resolution was
ADOPTED. Ayes 4 -- Baldrey, Mellott, Nelson, Van Valkenburgh
Nays 0
Absent 1- Byrne

WHEREAS, the Town Board of the Town of Lexington has received three bids for the pruning and trimming of four large oak trees on the boundary line between the Municipal Building and the Casella property, which were:
Kyle Byrne -- $2,300.00
North East Tree Service -- $3,200.00
Pelham Tree Service -- $2,500.00
THERFORE, This Town Board would like to award the bid to the lowest price of Kyle Byrne at $2,300.00, and Supervisor Dixie Baldrey will notify the neighbors of what has taken place to see if they will cooperate and help out with the cost.

Minew Road

Supervisor Dixie Baldrey received an e-mail from Chris Wasburne, 88 Minew Road, West Kill, NY with a concern abut the speed with which cars are driving up Minew Road. He said that the number of children has increased over the years and would like the town to consider putting a “Children at Play” sign near the bottom of the road.

RESOLUTION # 70-07
MINEW ROAD / “CHILDREN AT PLAY” SIGN

On a motion from Councilmember Maurice Nelson, seconded by Councilmember Paul Van Valkenburgh, the following resolution was
ADOPTED. Ayes 4 -- Baldrey, Mellott, Nelson, Van Valkenburgh
Nays 0
Absent 1- Byrne

This Town Board moves to put up a sign, “Children at Play” near the bottom of Minew Road because of the request and concern of residence on the road.

Fuel Oil Bids

Supervisor Baldrey said that they need to do the heating oil bids either with the town as being independent or by going with Greene County when they put out their bid applications, and if the town wishes to go with Greene County, the town would need to let them know what the usage was for the previous year. Supervisor Baldrey said that she would contact Lola to discuss the Greene County bid, and she would also contact Colonial Oil Company to see if they would accept the Greene County bid price for what it comes in at with Greene Co. The town also needs to do a service contract. After a discussion, Supervisor Baldrey asked the Town Board Members if they would consider going with Colonial Oil Co. if they accepted and went along with the Greene County Bid and if they can come up with a service contract for the town.

Finance Schooling

Supervisor Dixie Baldrey and Bookkeeper Trudy Daley went to the Towns finance and Management School on May 9, 10, and 11. A report of “How To’s for Successful Budgeting” is on file in the Town Clerk’s Office.

Bus Transportation

There was a request about the Greene County Bus coming to Lexington. Now, it comes to the Great American in Prattsville and the Low Income Housing area in Hunter. The Greene Council of the Aging was asked about coming to Lexington and they said that they didn’t have it in their budget. If anyone needs a schedule of when and where it picks up, you can contact the Dept of Aging.

Code Enforcement Report

Code Enforcement Officer, James Boyle submitted a report with the Supervisor. It was reported that Ellen Strausser had no violation with the cars she has, cows go out at Falke’s and was retrieved, and Mr. Diaz is building a bridge on his property.

Snowmobile Agreement

Supervisor Dixie Baldrey discussed the “Snowmobile Trail Maintenance Agreement’ with the public, along with Glenn Howard & Ralph Albino. There was a couple of changes that were made and the final agreement in on file in the Town Clerk’s office.

RESOLUTION # 71-07
SNOWMOBILE AGREEMENT / Town and Big Valley Trail Breaker Snowmobile Club

On a motion from Councilmember Maurice Nelson, seconded by Councilmember Keith Mellott, the following resolution was
ADOPTED. Ayes 4 -- Baldrey, Mellott, Nelson, Van Valkenburgh
Nays 0
Absent 1- Byrne

This Town of Lexington Town Board agrees to sign the Agreement for Snowmobile Trail Maintenance with the Big Valley Trail Breaker Snowmobile Club.

Roger Hartnett Agreement

Supervisor Dixie Baldrey has spoken with Mr. Hartnett and sent the agreement for his signature. Mr. Hartnett said that he would sign it and return it as soon as he receives the document. After it is signed and returned to the town – then the town can make the arrangements to remove the unsafe structure.

Summer Youth Assistant

The Town Board advertised in the local newspaper for a Youth Assistant for the Youth Director. Letters were received Arielle Burger and Sarah Jordan for the youth assistant position.
Letters are on file at the Town Clerk’s office.

RESOLUTION # 72-07
APPOINT A YOUTH ASSISTANT

On a motion from Councilmember Keith Mellott, seconded by Councilmember Maurice Nelson, the following resolution was
ADOPTED. Ayes 4 -- Baldrey, Mellott, Nelson, Van Valkenburgh
Nays 0
Absent 1- Byrne

This Town of Lexington Town Board moves to appoint Arielle Burger as the Youth Assistant for the summer youth program of 2007.

Youth Counselor

Supervisor Dixie Baldrey received a letter from Amy Van Etten applying as a junior counselor position for the Town of Lexington Summer Youth Program. Supervisor Baldrey said that she would turn the counselor letter over to the Director because she would be the one picking the counselors.
Supervisor Dixie Baldrey said that she also had interest from the younger D’Addario girl – Betty Jean, and she also told the Director that she would need a boy as a counselor. The program is going to run from July 5th, 2007 through August 7th, 2007 --- on Tuesdays and Thursdays during those weeks.

Correspondence

Supervisor Baldrey received a letter from the NYS Town Clerk’s Assoc. saying that Rose Williams, the Town Clerk for the Town of Lexington had received her Register Municipal Clerk status from the NYS Town Clerk’s Association. A round of applause and praise was given to Rose for her achievement. Rose says, “Thank You” to all.

Public Concerns

Planning Board Chairman, Glenn Howard said that he has wrote something up that would clarify the definition of camping in the Zoning Law because the town is having a problem with people living in their small trailers for extended periods of time. He also proposed another change under District Regulations that would need revising. Mr. Howard said that he would present it to the Planning Board Members first, and then pass it on to the Town Board. A discussion was held.

Bob Romanec asked if the access areas in the town would be cleaned up by the state, and everyone thought they would be done soon.

Mildred Hermance asked if the dead tree along County Route 13A, in front of Margaret (Peggy) Moorman’s empty house, could be removed by the County Highway Department. Supervisor Dixie Baldrey said that she would look into having the dead tree removed and would contact Mr. Hoyt to see if the Greene County Highway Dept. would be cutting the tree. Nancy Kizyma said that there was also a dead tree by the hotel.

Elizabeth Hapeman asked what the status was on the clean up of the town property across from the church ---- between the church parking lot and the Hartnett property. Councilmember Keith Mellott said that he has is on his schedule for this summer with Greene County Soil and Water because they will be coming in to clean it up. A discussion was held.
Keith Mellott said that he would ask for a town highway guy and a truck when he gets ready to do the clean up, but didn’t want other volunteers around when he was running large equipment --- he also said that he had other jobs to finish up before he could come to do the work.
Supervisor Dixie Baldrey said that she would contact Renee’ Van Schaack to see why he wasn’t able to attend the meeting on Saturday regarding the lower main street project.
Elizabeth Hapeman also asked what the status was on serving the papers on the Gerulak property that is next the United Methodist Church. Supervisor Baldrey said that at the last meeting, Attorney Tal Rappleyea reported that he is still trying to locate the owner to serve the papers. A discussion was held.

Audit the Claims

RESOLUTION # 73-07
AUDIT THE BILLS FOR PAYMENT

On a motion by Council Member Keith Mellott, seconded by Council Member Maurice Nelson, the following resolution was
ADOPTED - Ayes - 5 - Baldrey, Nelson, Van Valkenburgh, Mellott.
Nay – 0
Absent – 1 Byrne

Resolved, that this Town Board, having audited the following General Fund Vouchers # 104-136, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract # 6, General Fund, on the Supervisor for payment of $15,103.47.

Resolved, that this Town Board, having audited the following Highway Fund Vouchers
#48-60, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract # 5, Highway Fund, on the Supervisor for payment of $ 18,209.88

Resolved, that this Town Board, having audited the following Special Lighting District Fund Voucher # 4, inclusive, hereby, orders it paid and directs the Town Clerk to draw Abstract
# 4, Special Lighting District Fund, on the Supervisor for payment of $ 321.44

Adjourn

Council Member Keith Mellott made a motion to adjourn the meeting, seconded by Council Member Maurice Nelson. All agreed.

Supervisor Dixie Baldrey adjourned the meeting.

Respectfully submitted,

Rose Williams, RMC
Town Clerk