Town of Lexington,NY - Board Minutes


Board Meeting Special Meeting June 16, 2009 The Special Meeting of the Town Board of the Town of Lexington was called to order on June 16, 2009 at 7:00 pm by Supervisor Dixie Baldrey at the Lexington Municipal Building, 3542 Route 42, Lexington, NY, followed by the pledge of allegiance. PRESENT: Supervisor........................................ Dixie Baldrey Council Members......……..….......… Keith Mellott Maurice Nelson Lynn Byrne Paul Van Valkenburgh Town Clerk ………….…….............. Rose Williams Others Present: Taris Charysyn, Katrina Charysyn, Mike & Cathy Cotrone, Stephanie Kizyma, Chris Dwon, Ann Marie & Melissa Phelan, Mary Westman, Ellouise Cole, Glenn Howard, Glenn & Betty Hapeman, Marsha Smith, Joan Mead, John Sturman, and Windham Journal Rep – Mike Ryan. The notice of the Special Meeting was published in the local newspaper; The Windham Journal Notice read: “The Town of Lexington Town Board will hold an Informational meeting on Tuesday, June 16th, 2009, at 7:00 pm to discuss the cell tower for the town. The meeting will be held at the Lexington Municipal Building, 3542 Route 42, Lexington, NY, By the order of the Town Board, Rose Williams, Town Clerk RMC” Supervisor Dixie Baldrey said the meeting was called as an informational meeting on erecting a cell tower behind the Municipal Building, and she asked the public to direct there comments to the Town Board Members. Taris Charysyn asked if a booster could be put on the cell tower at Hunter Mountain and then a tower in the Spruceton area for cell service. No research was done because Supervisor Baldrey said she did not recall the conversation from the previous meeting and Taris said that he didn’t do any research either. A discussion was held. Supervisor Dixie Baldrey said that she was sorry that she misunderstood Taris, but would do research to see if that would be a possibility – a booster on Hunter Mtn. that would reach Lexington. Taris Charysyn said that he recalled that the Town of Lexington was not concerned with the Town of Prattsville, and Supervisor Baldrey said yes; that was correct --- Prattsville was not a problem for this town. Supervisor Dixie Baldrey said the cell tower needs to be put where there will be cell service, so that the different companies would be attracted to connect. Councilmember Lynn Byrne said that there are two different situations that the town is in --- when you talk about the town having a tower – it means that the tower could only be placed on town property. The town owns property only at the Municipal Building, at the Salt Shed, a small parcel in West Kill by the Fire house, and over on Main Street by the Methodist Church. So, they are the only places that the town could consider putting the cell tower. Supervisor Baldrey said that a cell tower could go anywhere, but if the town does it --- it has to be on town property. Marsha Smith asked if there was a health hazard for putting a tower up in our area. Supervisor Baldrey said that there is research in both ways, for and against. Supervisor Baldrey said she had information from the Town Attorney, Tal Rappleyea that said that a local government cannot refuse zoning for a cell tower, based upon health issues. A discussion was held. Cathy Cotrone said that the neighbor near the Municipal Building was never informed of the cell tower. Mike Cotrone read a statement that tower radiation is harmful to health --- the FCC provides a false sense of security, and they point out that they are in compliance with the FCC regulations, which are well below the standards, which is suppose to make people more comfortable about the technology, but the standards that are in place are completely inadequate because given new research, it is more complex in the understanding of how biological system function. No one should be in complacency with that argument. Marsh Smith asked who and how do they regulate the omissions on cell towers. Who regulates it and how much is coming out of it? Supervisor Baldrey answered that she assumed that it was the FCC. More discussion was held. A discussion was held on the health issues for a cell tower. There were many reports on the pros and cons of the issue. Cathy Cotrone asked Supervisor Dixie Baldrey if she would like a cell tower in her back yard and Supervisor Baldrey said yes because she would like cell service. Cathy Cotrone said that they all come up here to get away from all of the technology. Supervisor Baldrey said yes that is correct, but we live here year round and cannot carry on a conversation and cannot use our cell phones. More discussion took place regarding the area and the cell service in the area. The pros and cons of the cell tower. . A discussion was held on how it would provide a safety service for people traveling in the area, in case you need help. A discussion was held on who needed to be notified of said meeting and if neighbors needed to be notified. John Sturman said that about two weeks ago there was people at a meeting that was in opposition to the cell tower and wondered why this meeting was being held. Supervisor Baldrey said that she and the Board Members wanted to know how people felt about the town putting up a cell tower. Taris Charysyn said that he wanted to ask a personal question, saying to Supervisor Baldrey, You sit on the board and you representing the board and you hear the opposition, but when it comes time to vote ---- do we really want a cell tower, would you be voting for a cell tower or would you be voting for the town when the town states opposition. Supervisor Baldrey answered that she would probably have to vote the town because the town elected her to do what they think is best for the town. If she felt that the town members felt that it would be best not to do this --- then she would vote not to do it, even though personally she would like to have a tower. Glenn Howard said that he expressed this at the last meeting by saying that the people who are opposed to anything show up in force and other people that are for it are very passive, but asked, why can’t this be put up for a referendum before the voters of the Town of Lexington, because if that was done he felt that the town would get a good feel of who is for the cell tower and who is against it. Mr. Howard went on to say that the town needs public safety and a cell tower and cell service would provide that safety. A discussion was held. Katrina Charysyn said that she did not think that a cell tower was the answer to solving safety issues for a couple of reason. Glenn mentioned that you can get up in the Notch and if something happens to you …………, but she said that her mom goes through the Notch everyday in the winter, and does the town have the guarantee that a cell tower put at the municipal building would work in the Notch because there is a cell tower in Hunter and below Catskill, but there is no service from Haines Falls to the bottom of Palenville Mtn., so if you would get stranded there -- there would be no cell service. That would be the same situation as the Notch --- like comparing apples to oranges. It would be a dead zone and everyone has to deal with them regarding cell service. Katrina went on to say that is was mentioned that the waves go out horizontally instead of down towards the homes, but the fact that they go out horizontally and placing the tower in a somewhat flat area ---- then the waves are going to go bumping into the mountains anyway, so what guarantee does Spruceton have of getting service. If the town cannot guarantee service in our dead zones that we have already and one cannot guarantee that it is going to be healthy for our kids that are growing up --- then it shouldn’t be done. Marsh Smith said that the way it was done in the past, for people that have been in the Notch for the purpose of health and safety ---- there were no cell phones and her brother (pointed to someone) was in an accident --- he wasn’t dead, he got out and walked – he had to be taken out -------- the ambulance came because somebody went by --- there are people who live out there --- we might be in a suburban area or even a county area, but not the metropolitan, and she said that we, the town don’t need it and we don’t want it. That is why we moved here. Mike Cotrone said that he wanted to support what he had said before ---- saying that there are three groups in life--- you have the children, you have the middle of the roaders, and you have the king of getting on group. The children are very receptive of things that are happening and nothing can affect them. As the people get older, things start to affect the person. For instance, like lead poisoning --- asbestoses --- many chemicals and so forth. Therefore, the health aspects of this thing ---- is the kids and the old timers. Ellouise Cole said that she knew of an incident where an Oneonta Bus Line bus broke down over by John Berger’s place and set there at twelve o’clock at night and it was two hours before a tractor trailer came by to call for help. He thought this town was in one crazy spot. Mike Cotrone asked why we are even having the thought that we need this big tower in the back yard. He said that he thought that the area was so pleasant and nice and he did not want to see it changed. Marsha Smith said that she was informed that possible twenty years ago – Verizon came through and put the cable in the ground along 23A but to this day – have not hooked it up, and the town has a substation right here in town. A discussion was held. Marsh Smith went on to say they tried to warn people about asbestos in its day ------ did the people listen, no, because the government has two philosophies ----- and it is a half and half deal ----- if you can’t convince them nicely ----- scare the devil out of them ----- and they get there way. Supervisor Dixie Baldrey asked the public if there were any other comments, which was no response. Then, Supervisor Baldrey told the Town Board Members they need to make a decision whether to pursue this any further. She suggested that a vote should be taken at the next Board Meeting or vote tonight if they wanted to. The Town Council members said they had no problem voting at the present time. RESOLUTION #80-09 PURSUE CELL TOWER On a motion by Supervisor Dixie Baldrey, seconded by Council Member Paul Van Valkenburgh, the following resolution was presented for a vote: Shall this Town Board of the Town of Lexington proceed with and erect a cell tower on town property behind the Municipal Building. The vote was: Councilmember Maurice Nelson -- Aye Councilmember Paul Van Valkenburgh -- Aye Councilmember Keith Mellott – Nay Councilmember Lynn Byrne – Nay Supervisor Dixie Baldrey -- Nay The resolution was defeated. Taris Charysyn said that he wasn’t against it, but he did not want to see …………., but could we still check into a booster off of Hunter. Supervisor Baldrey said that they would still run into the same problems, and if we are not going to do it, then we are not going to do it --- it would be the same ball of wax --- we would be talking about putting up a cell tower someplace. Supervisor Dixie Baldrey thanked everyone for coming and said that things might change in a few years. Adjourn Council Member Lynn Byrne made a motion to adjourn the meeting, seconded by Council Member Paul Van Valkenburgh All agreed. Supervisor Dixie Baldrey adjourned the meeting. Respectfully submitted, Rose Williams, Town Clerk, RMC

Board Meeting

Special Meeting
June 16, 2009

The Special Meeting of the Town Board of the Town of Lexington was called to order on June 16, 2009 at 7:00 pm by Supervisor Dixie Baldrey at the Lexington Municipal Building, 3542 Route 42, Lexington, NY, followed by the pledge of allegiance.

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

Others Present: Taris Charysyn, Katrina Charysyn, Mike & Cathy Cotrone, Stephanie Kizyma, Chris Dwon, Ann Marie & Melissa Phelan, Mary Westman, Ellouise Cole, Glenn Howard, Glenn & Betty Hapeman, Marsha Smith, Joan Mead, John Sturman, and Windham Journal Rep – Mike Ryan.

The notice of the Special Meeting was published in the local newspaper; The Windham Journal Notice read: “The Town of Lexington Town Board will hold an Informational meeting on Tuesday, June 16th, 2009, at 7:00 pm to discuss the cell tower for the town. The meeting will be held at the Lexington Municipal Building, 3542 Route 42, Lexington, NY, By the order of the Town Board, Rose Williams, Town Clerk RMC”

Supervisor Dixie Baldrey said the meeting was called as an informational meeting on erecting a cell tower behind the Municipal Building, and she asked the public to direct there comments to the Town Board Members.

Taris Charysyn asked if a booster could be put on the cell tower at Hunter Mountain and then a tower in the Spruceton area for cell service. No research was done because Supervisor Baldrey said she did not recall the conversation from the previous meeting and Taris said that he didn’t do any research either. A discussion was held. Supervisor Dixie Baldrey said that she was sorry that she misunderstood Taris, but would do research to see if that would be a possibility – a booster on Hunter Mtn. that would reach Lexington.

Taris Charysyn said that he recalled that the Town of Lexington was not concerned with the Town of Prattsville, and Supervisor Baldrey said yes; that was correct --- Prattsville was not a problem for this town.

Supervisor Dixie Baldrey said the cell tower needs to be put where there will be cell service, so that the different companies would be attracted to connect.

Councilmember Lynn Byrne said that there are two different situations that the town is in --- when you talk about the town having a tower – it means that the tower could only be placed on town property. The town owns property only at the Municipal Building, at the Salt Shed, a small parcel in West Kill by the Fire house, and over on Main Street by the Methodist Church. So, they are the only places that the town could consider putting the cell tower. Supervisor Baldrey said that a cell tower could go anywhere, but if the town does it --- it has to be on town property.

Marsha Smith asked if there was a health hazard for putting a tower up in our area. Supervisor Baldrey said that there is research in both ways, for and against. Supervisor Baldrey said she had information from the Town Attorney, Tal Rappleyea that said that a local government cannot refuse zoning for a cell tower, based upon health issues. A discussion was held.

Cathy Cotrone said that the neighbor near the Municipal Building was never informed of the cell tower. Mike Cotrone read a statement that tower radiation is harmful to health --- the FCC provides a false sense of security, and they point out that they are in compliance with the FCC regulations, which are well below the standards, which is suppose to make people more comfortable about the technology, but the standards that are in place are completely inadequate because given new research, it is more complex in the understanding of how biological system function. No one should be in complacency with that argument.

Marsh Smith asked who and how do they regulate the omissions on cell towers. Who regulates it and how much is coming out of it? Supervisor Baldrey answered that she assumed that it was the FCC. More discussion was held.

A discussion was held on the health issues for a cell tower. There were many reports on the pros and cons of the issue.

Cathy Cotrone asked Supervisor Dixie Baldrey if she would like a cell tower in her back yard and Supervisor Baldrey said yes because she would like cell service. Cathy Cotrone said that they all come up here to get away from all of the technology. Supervisor Baldrey said yes that is correct, but we live here year round and cannot carry on a conversation and cannot use our cell phones. More discussion took place regarding the area and the cell service in the area. The pros and cons of the cell tower. .

A discussion was held on how it would provide a safety service for people traveling in the area, in case you need help.

A discussion was held on who needed to be notified of said meeting and if neighbors needed to be notified.

John Sturman said that about two weeks ago there was people at a meeting that was in opposition to the cell tower and wondered why this meeting was being held. Supervisor Baldrey said that she and the Board Members wanted to know how people felt about the town putting up a cell tower.

Taris Charysyn said that he wanted to ask a personal question, saying to Supervisor Baldrey, You sit on the board and you representing the board and you hear the opposition, but when it comes time to vote ---- do we really want a cell tower, would you be voting for a cell tower or would you be voting for the town when the town states opposition. Supervisor Baldrey answered that she would probably have to vote the town because the town elected her to do what they think is best for the town. If she felt that the town members felt that it would be best not to do this --- then she would vote not to do it, even though personally she would like to have a tower.

Glenn Howard said that he expressed this at the last meeting by saying that the people who are opposed to anything show up in force and other people that are for it are very passive, but asked, why can’t this be put up for a referendum before the voters of the Town of Lexington, because if that was done he felt that the town would get a good feel of who is for the cell tower and who is against it. Mr. Howard went on to say that the town needs public safety and a cell tower and cell service would provide that safety. A discussion was held.

Katrina Charysyn said that she did not think that a cell tower was the answer to solving safety issues for a couple of reason. Glenn mentioned that you can get up in the Notch and if something happens to you …………, but she said that her mom goes through the Notch everyday in the winter, and does the town have the guarantee that a cell tower put at the municipal building would work in the Notch because there is a cell tower in Hunter and below Catskill, but there is no service from Haines Falls to the bottom of Palenville Mtn., so if you would get stranded there -- there would be no cell service. That would be the same situation as the Notch --- like comparing apples to oranges. It would be a dead zone and everyone has to deal with them regarding cell service.    Katrina went on to say that is was mentioned that the waves go out horizontally instead of down towards the homes, but the fact that they go out horizontally and placing the tower in a somewhat flat area ---- then the waves are going to go bumping into the mountains anyway, so what guarantee does Spruceton have of getting service. If the town cannot guarantee service in our dead zones that we have already and one cannot guarantee that it is going to be healthy for our kids that are growing up --- then it shouldn’t be done.

            Marsh Smith said that the way it was done in the past, for people that have been in the Notch for the purpose of health and safety ---- there were no cell phones and her brother (pointed to someone) was in an accident --- he wasn’t dead, he got out and walked – he had to be taken out -------- the ambulance came because somebody went by --- there are people who live out there --- we might be in a suburban area or even a county area, but not the metropolitan, and she said that we, the town don’t need it and we don’t want it.   That is why we moved here.

Mike Cotrone said that he wanted to support what he had said before ---- saying that there are three groups in life--- you have the children, you have the middle of the roaders, and you have the king of getting on group. The children are very receptive of things that are happening and nothing can affect them. As the people get older, things start to affect the person. For instance, like lead poisoning --- asbestoses --- many chemicals and so forth. Therefore, the health aspects of this thing ---- is the kids and the old timers.

Ellouise Cole said that she knew of an incident where an Oneonta Bus Line bus broke down over by John Berger’s place and set there at twelve o’clock at night and it was two hours before a tractor trailer came by to call for help. He thought this town was in one crazy spot.

Mike Cotrone asked why we are even having the thought that we need this big tower in the back yard. He said that he thought that the area was so pleasant and nice and he did not want to see it changed.

Marsha Smith said that she was informed that possible twenty years ago – Verizon came through and put the cable in the ground along 23A but to this day – have not hooked it up, and the town has a substation right here in town. A discussion was held. Marsh Smith went on to say they tried to warn people about asbestos in its day ------ did the people listen, no, because the government has two philosophies ----- and it is a half and half deal ----- if you can’t convince them nicely ----- scare the devil out of them ----- and they get there way.

Supervisor Dixie Baldrey asked the public if there were any other comments, which was no response. Then, Supervisor Baldrey told the Town Board Members they need to make a decision whether to pursue this any further. She suggested that a vote should be taken at the next Board Meeting or vote tonight if they wanted to. The Town Council members said they had no problem voting at the present time.

RESOLUTION #80-09
PURSUE CELL TOWER

On a motion by Supervisor Dixie Baldrey, seconded by Council Member Paul Van Valkenburgh, the following resolution was presented for a vote:

Shall this Town Board of the Town of Lexington proceed with and erect a cell tower on town property behind the Municipal Building.

The vote was:             Councilmember Maurice Nelson -- Aye
                                    Councilmember Paul Van Valkenburgh -- Aye
                                    Councilmember Keith Mellott – Nay
                                    Councilmember Lynn Byrne – Nay
                                    Supervisor Dixie Baldrey -- Nay
The resolution was defeated.

Taris Charysyn said that he wasn’t against it, but he did not want to see …………., but could we still check into a booster off of Hunter. Supervisor Baldrey said that they would still run into the same problems, and if we are not going to do it, then we are not going to do it --- it would be the same ball of wax --- we would be talking about putting up a cell tower someplace.
Supervisor Dixie Baldrey thanked everyone for coming and said that things might change in a few years.

Adjourn

Council Member Lynn Byrne made a motion to adjourn the meeting, seconded by Council Member Paul Van Valkenburgh All agreed.
Supervisor Dixie Baldrey adjourned the meeting.

Respectfully submitted, Rose Williams, Town Clerk, RMC