Town of Lexington,NY - Board Minutes


Board Meeting July 6th, 2010 The Regular Meeting of the Town Board of the Town of Lexington was called to order on July 6th, 2010 at 7:00 P.M., by Supervisor Greg Cross at the Kenneth A. Becker Municipal Building, followed by the Pledge of Allegiance. PRESENT: Supervisor......................................... Greg Cross Council Members......……..….......... John Berger,Glenn Howard, Keith Mellott Town Clerk .......................…............... Rose Williams Superintendent of Highway…....…...... Frank Hermance ABSENT: Council Member …………………….… Lynn Byrne OTHERS PRESENT: Suzanne Walsh, Dixie Baldrey, Paul Van Valkenburgh, Ellouise Cole, John Loftus, Ray Albino, Deputy Supervisor Mary Cline, Lois Jenkins, June Frasier, Nick Palermo, Taris Charysyn, Roman Tytla and son, and Mike Ryan from the Windham Journal. Resolution # 94-10 Accept Minutes On a motion by Council Member Keith Mellott, seconded by Council Member John Berger, the following resolution was ADOPTED - Ayes - 4 - Cross, Howard, Mellott, & Berger Nays - 0 Absent - 1 - Byrne This Town Board moves to accept the minutes of the Regular Meeting held on June 1, 2010. Financial Report Supervisor Greg Cross presented the Financial Report for June 30, 2010, and asked the Council Members if they had any questions. Resolution # 95-10 Approve The Financial Report On a motion by Council Member John Berger, seconded by Council Member Keith Mellott, the following resolution was ADOPTED - Ayes - 4 - Cross, Howard, Mellott, & Berger Nays - 0 Absent - 1 - Byrne This Town Board moves to accept the Financial Report which reflected June 30th, 2010. Resolution # 96-10 Agreement for Expenditure of Highway Money On a motion by Council Member Keith Mellott, seconded by Council Member Glenn Howard, the following resolution was ADOPTED - Ayes - 4 - Cross, Howard, Mellott, & Berger Nays - 0 Absent - 1 - Byrne Whereas, this Town Board moves to make the following agreement between the Town Superintendent of the Town of Lexington, Greene County, New York, and the undersigned members of the Town Board of Lexington. Pursuant to the provisions of Section 284 of the Highway Law, we agree 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: Resolution # 96-10 (Continued) 1. General Repairs The sum of $60,000. 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. 2. 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 North Beech Ridge Road and Kipp Hill Road and leading to a distance of 3,200 feet, there shall be expended not over the sum of $58,875.15. Type is black top, width travel surface is 18' (eighteen feet), and thickness is 2½' compacted, sub base is gravel. Art Program Supervisor Greg Cross, the Town Board Members, and Art Director Suzanne Walsh discussed the art program going forth. Supervisor Greg Cross said that she cannot get mileage to and from work so that was eliminated and the pay of $18.00 an hour was considerable higher than what the Youth Director is making, and therefore didn't feel that was a fair practice. Supervisor Cross said that he asked Suzanne Walsh to come in to discuss these items to get them more in line with the Youth Director. Suzanne Walsh gave her presentation on her art program and what she plans to do with the children. Some of the statements made were; The art director is paid $1,000. for her services and the youth director is paid $1,440. for her services. The hours for the art director is 8 hours per week, and the hours for the youth director is 14 hours per week (neither one of these programs had the preparation time figured in). The youth director has two of three counselors with thirty children, and the art director has none with ten to twelve children, and both programs run the month of July. Council Member Keith Mellott suggested giving the $1,500 for the art program this year and revamp the budget at budget time for next year if you want to change things around, and went on to say that he didn't think that this was the time to let the kids suffer. The Board Members agreed. Resolution # 97-10 Approve The Art Program On a motion by Council Member Keith Mellott, seconded by Council Member John Berger, the following resolution was ADOPTED - Ayes - 3 - Howard, Mellott, & Berger Abstain - 1 - Cross Nays - 0 Absent - 1 - Byrne This Town Board moves to approve the art program by Suzanne Walsh with a salary of $1,000. and supplies at $500, and allow the money ($350.) that was donated from the Snowmobile Club offset some of the finances because it was specified for the youth. Code of Ethics Resolution # 98-10 Local Law for Code of Ethics On a motion by Council Member John Berger, seconded by Council Member Keith Mellott, the following resolution was ADOPTED - Ayes - 4 - Cross, Howard, Mellott, & Berger Nays - 0 Absent - 1 - Byrne This Town Board resolves to move forward with a new Local Law for the Code of Ethics by scheduling a Public Hearing @ 6:30 pm, August 3rd, 2010, and; Supervisor Greg Cross will contact Attorney Tal Rappleyea to prepare Local Law #1 of 2010. Update on Oil Tanks Councilmember Glenn Howard said that he is waiting for a second opinion from a guy in Newburgh, and was told that the oil tank needs to be maintained during the winter --- it needs to be watch when the water from snow melt gets around it. Councilmember Howard will keep trying to get this resolved. Signs on Front of Building The signs on the front of the building need repair – the Rescue Squad and Fire Department signs. Supervisor Greg Cross said that he has spoken to Robert Middleton and he would redo the signs for free, and Council Member John Berger offered to do the framing work. Highway Guy Resigns A highway employee, Daniel Grinnell, resigned on June 20th, 2010 from the highway department because he moved to North Carolina. Therefore, Supt. of Highways, Frank Hermance, has hired Tyrell Sherman as his replacement. Scott Alarm System Supervisor Greg Cross said that the Fire Commissioners have agreed to pay half on the fire alarm system, which will be installed in the Kenneth A. Becker Municipal Building. Resolution # 99-10 Install Scott fire Alarm System. On a motion by Supervisor Greg Cross, seconded by Council Member Glenn Howard, the following resolution was ADOPTED - Ayes - 4 - Cross, Howard, Mellott, & Berger Nays - 0 Absent - 1 - Byrne This Town of Lexington Town Board moves to pay $2,717.50 towards the installation of the fire alarm system from the Scott Alarm System and the Fire Commissioners has agreed to pay the other half. Supervisor Greg Cross will contact the Insurance Company to see if it will help out on the policy by having the fire alarm system installed. The Town Clerk will contact the sales person, Lars White, to move forward and install the fire alarm system. Ambulance Administrator Supervisor Greg Cross suggested that the town should move forward and look into an ambulance administrator for the town. Resolution # 100-10 Interview Ambulance Administrator On a motion by Council Member John Berger, seconded by Council Member Glenn Howard, the following resolution was ADOPTED - Ayes - 4 - Cross, Howard, Mellott, & Berger Nays - 0 Absent - 1 - Byrne This Town of Lexington Town Board resolves to interview potential ambulance administrator for the Town of Lexington. Rappleyea Road Rappleyea Road - Supervisor Greg Cross said that the extension of Rappleyea was approved in the May minutes of 2003, and it has never taken place. Supervisor Greg Cross has been in contact with Attorney Larry Gardner to resolve this matter. Public Concerns June Frasier asked why the fire truck was parked out front in the handi-cap parking area. Not sure why, but they will be asked to move it to another area. Dixie Baldrey asked if the Ambulance Issue has to go before the voters as a referendum. Supervisor Greg Cross answered that if it is legally necessary --- that is what would be done, and if it is not --- it would not be done. Paul Van Valkenburgh asked if it would be put up for a referendum anyway. Supervisor Cross said that he would like to hear what the people would like to say based on facts. His opinion was that sometimes people like to spread not so facts in order to generate the vote that they want, and the facts get squid in an effort to squie the vote. So, he felt that if you don't need a public referendum ----- they would have another public informational meeting to let the people know what they are going to do, and essentially vote on it. Taris Charysyn asked when the correct time of year would be to ask the Highway Superintendent to order or buy the correct material so they don't have mud on the roads next year. A discussion was held on sand. Ray Albino asked Supervisor Greg Cross, that when he calls the Attorney for the town, Tal Rappleyea, could he get the opinion and compare his opinion with that of the Attorney for the Fire District under the Municipal Law. Supervisor Greg Cross said that he would. Roman Tytla said that his family has been residents for many years, and wanted to tell the town about his situation. He wanted to know if the board could help him in any way with his neighbor. He went on to explain his concerns with the harassment from his neighbor, and a discussion was held. Ray Albino said that he would like the Town Board to find a more equitable way to fund the Ambulance Service and would like them to look into a revaluation for the town to make it more fair for the taxation of the ambulance service. Correspondence Supervisor Greg Cross said that he has been invited to a Greene County Legislative meeting on July 14th for the upcoming budget for Greene County at the Columbia-Greene Community College, and he said that he would be attending. Resolution # 101-10 Executive Session On a motion by Council Member John Berger, seconded by Council Member Keith Mellott, the following resolution was ADOPTED - Ayes - 4 - Cross, Howard, Mellott, & Berger Nays - 0 Absent - 1 - Byrne This Town Board moves to go into executive session for personnel issues. Time 8:50 pm. Resolution # 102-10 Leave Executive Session On a motion by Council Member John Berger, seconded by Council Member Keith Mellott, the following resolution was ADOPTED - Ayes - 4 - Cross, Howard, Mellott, & Berger Nays - 0 Absent - 1 - Byrne This Town Board moves to return to the regular meeting from the Executive Session. Time: 9:20 pm. Pay the Bills Resolution # 103-10 Audit the Bills On a motion by Council Member Keith Mellott, seconded by Council Member Glenn Howard, the following resolution was ADOPTED - Ayes - 4 - Cross, Howard, Mellott, & Berger Nays - 0 Absent – 1 – Byrne Resolved that the bills be paid on General Fund Abstract # 7 in the following amounts: General Fund No.138 through No. 166 = $ 5,153.22 Resolved that the bills be paid on Highway Fund Abstract # 7 in the following amounts: Highway Fund No. 91 through No. 114 = $ 14,008.47 Resolved that the bills be paid on Special Lighting District Fund Abstract # 5 in the following amounts: Special Lighting District Fund No. 6 = $199.97 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

Board Meeting

July 6th, 2010

The Regular Meeting of the Town Board of the Town of Lexington was called to order on July 6th, 2010 at 7:00 P.M., by Supervisor Greg Cross at the Kenneth A. Becker Municipal Building, followed by the Pledge of Allegiance.

PRESENT:
Supervisor......................................... Greg Cross
Council Members......……..….......... John Berger,Glenn Howard, Keith Mellott

Town Clerk .......................…............... Rose Williams
Superintendent of Highway…....…...... Frank Hermance

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

OTHERS PRESENT: Suzanne Walsh, Dixie Baldrey, Paul Van Valkenburgh, Ellouise Cole, John Loftus, Ray Albino, Deputy Supervisor Mary Cline, Lois Jenkins, June Frasier, Nick Palermo, Taris Charysyn, Roman Tytla and son, and Mike Ryan from the Windham Journal.

Resolution # 94-10
Accept Minutes

                On a motion by Council Member Keith Mellott, seconded by Council Member John Berger, the following resolution was
ADOPTED - Ayes - 4 - Cross, Howard, Mellott, & Berger
                     Nays - 0
                         Absent - 1 - Byrne

This Town Board moves to accept the minutes of the Regular Meeting held on June 1, 2010.

Financial Report

Supervisor Greg Cross presented the Financial Report for June 30, 2010, and asked the Council Members if they had any questions.

Resolution # 95-10
Approve The Financial Report

Resolution # 96-10
Agreement for Expenditure of Highway Money

                On a motion by Council Member Keith Mellott, seconded by Council Member Glenn Howard, the following resolution was
ADOPTED - Ayes - 4 - Cross, Howard, Mellott, & Berger
                     Nays - 0
                         Absent - 1 - Byrne

Whereas, this Town Board moves to make the following agreement between the Town Superintendent of the Town of Lexington, Greene County, New York, and the undersigned members of the Town Board of Lexington.

Pursuant to the provisions of Section 284 of the Highway Law, we agree 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:

Resolution # 96-10 (Continued)

1. General Repairs
The sum of $60,000. 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.

                2. 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 North Beech Ridge Road and Kipp Hill Road and leading to a distance of 3,200 feet, there shall be expended not over the sum of $58,875.15.   Type is black top, width travel surface is 18' (eighteen feet), and thickness is 2½' compacted, sub base is gravel.

Art Program

                Supervisor Greg Cross, the Town Board Members, and Art Director Suzanne Walsh discussed the art program going forth.
                Supervisor Greg Cross said that she cannot get mileage to and from work so that was eliminated and the pay of $18.00 an hour was considerable higher than what the Youth Director is making, and therefore didn't feel that was a fair practice.   Supervisor Cross said that he asked Suzanne Walsh to come in to discuss these items to get them more in line with the Youth Director. Suzanne Walsh gave her presentation on her art program and what she plans to do with the children. Some of the statements made were; The art director is paid $1,000. for her services and the youth director is paid $1,440. for her services.   The hours for the art director is 8 hours per week, and the hours for the youth director is 14 hours per week (neither one of these programs had the preparation time figured in). The youth director has two of three counselors with thirty children, and the art director has none with ten to twelve children, and both programs run the month of July.
                Council Member Keith Mellott suggested giving the $1,500 for the art program this year and revamp the budget at budget time for next year if you want to change things around, and went on to say that he didn't think that this was the time to let the kids suffer. The Board Members agreed.

Resolution # 97-10
Approve The Art Program

                On a motion by Council Member Keith Mellott, seconded by Council Member John Berger, the following resolution was
ADOPTED - Ayes - 3 - Howard, Mellott, & Berger
                         Abstain - 1 - Cross
                     Nays - 0
                         Absent - 1 - Byrne

                This Town Board moves to approve the art program by Suzanne Walsh with a salary of $1,000. and supplies at $500, and allow the money ($350.) that was donated from the Snowmobile Club offset some of the finances because it was specified for the youth.

Code of Ethics

Resolution # 98-10
Local Law for Code of Ethics

                On a motion by Council Member John Berger, seconded by Council Member Keith Mellott, the following resolution was
ADOPTED - Ayes - 4 - Cross, Howard, Mellott, & Berger
                     Nays - 0
                         Absent - 1 - Byrne

                This Town Board resolves to move forward with a new Local Law for the Code of Ethics by scheduling a Public Hearing @ 6:30 pm, August 3rd, 2010, and;
                Supervisor Greg Cross will contact Attorney Tal Rappleyea to prepare Local Law #1 of 2010.

Update on Oil Tanks

Councilmember Glenn Howard said that he is waiting for a second opinion from a guy in Newburgh, and was told that the oil tank needs to be maintained during the winter --- it needs to be watch when the water from snow melt gets around it. Councilmember Howard will keep trying to get this resolved.

Signs on Front of Building

The signs on the front of the building need repair – the Rescue Squad and Fire Department signs. Supervisor Greg Cross said that he has spoken to Robert Middleton and he would redo the signs for free, and Council Member John Berger offered to do the framing work.

Highway Guy Resigns

A highway employee, Daniel Grinnell, resigned on June 20th, 2010 from the highway department because he moved to North Carolina. Therefore, Supt. of Highways, Frank Hermance, has hired Tyrell Sherman as his replacement.

Scott Alarm System

Supervisor Greg Cross said that the Fire Commissioners have agreed to pay half on the fire alarm system, which will be installed in the Kenneth A. Becker Municipal Building.

Resolution # 99-10
Install Scott fire Alarm System.

                On a motion by Supervisor Greg Cross, seconded by Council Member Glenn Howard, the following resolution was
ADOPTED - Ayes - 4 - Cross, Howard, Mellott, & Berger
                     Nays - 0
                         Absent - 1 - Byrne

This Town of Lexington Town Board moves to pay $2,717.50 towards the installation of the fire alarm system from the Scott Alarm System and the Fire Commissioners has agreed to pay the other half.

Supervisor Greg Cross will contact the Insurance Company to see if it will help out on the policy by having the fire alarm system installed. The Town Clerk will contact the sales person, Lars White, to move forward and install the fire alarm system.

Ambulance Administrator

Supervisor Greg Cross suggested that the town should move forward and look into an ambulance administrator for the town.

Resolution # 100-10
Interview Ambulance Administrator

                On a motion by Council Member John Berger, seconded by Council Member Glenn Howard, the following resolution was
ADOPTED - Ayes - 4 - Cross, Howard, Mellott, & Berger
                     Nays - 0
                         Absent - 1 - Byrne

This Town of Lexington Town Board resolves to interview potential ambulance administrator for the Town of Lexington.

Rappleyea Road

Rappleyea Road - Supervisor Greg Cross said that the extension of Rappleyea was approved in the May minutes of 2003, and it has never taken place. Supervisor Greg Cross has been in contact with Attorney Larry Gardner to resolve this matter.

Public Concerns

June Frasier asked why the fire truck was parked out front in the handi-cap parking area. Not sure why, but they will be asked to move it to another area.

Dixie Baldrey asked if the Ambulance Issue has to go before the voters as a referendum.
Supervisor Greg Cross answered that if it is legally necessary --- that is what would be done, and if it is not --- it would not be done.

Paul Van Valkenburgh asked if it would be put up for a referendum anyway. Supervisor Cross said that he would like to hear what the people would like to say based on facts. His opinion was that sometimes people like to spread not so facts in order to generate the vote that they want, and the facts get squid in an effort to squie the vote. So, he felt that if you don't need a public referendum ----- they would have another public informational meeting to let the people know what they are going to do, and essentially vote on it.

Taris Charysyn asked when the correct time of year would be to ask the Highway Superintendent to order or buy the correct material so they don't have mud on the roads next year. A discussion was held on sand.

Ray Albino asked Supervisor Greg Cross, that when he calls the Attorney for the town, Tal Rappleyea, could he get the opinion and compare his opinion with that of the Attorney for the Fire District under the Municipal Law. Supervisor Greg Cross said that he would.

Roman Tytla said that his family has been residents for many years, and wanted to tell the town about his situation. He wanted to know if the board could help him in any way with his neighbor. He went on to explain his concerns with the harassment from his neighbor, and a discussion was held.

Ray Albino said that he would like the Town Board to find a more equitable way to fund the Ambulance Service and would like them to look into a revaluation for the town to make it more fair for the taxation of the ambulance service.

Correspondence

Supervisor Greg Cross said that he has been invited to a Greene County Legislative meeting on July 14th for the upcoming budget for Greene County at the Columbia-Greene Community College, and he said that he would be attending.

Resolution # 101-10
Executive Session

Resolution # 102-10
Leave Executive Session

This Town Board moves to return to the regular meeting from the Executive Session. Time: 9:20 pm.

Pay the Bills

Resolution # 103-10
Audit the Bills

                                                On a motion by Council Member Keith Mellott, seconded by Council Member Glenn Howard, the                                                 following resolution was
                ADOPTED - Ayes - 4 - Cross, Howard, Mellott, & Berger
                        Nays - 0
                        Absent – 1 – Byrne

Resolved that the bills be paid on General Fund Abstract # 7 in the following amounts:

General Fund   No.138 through No. 166 = $ 5,153.22

Resolved that the bills be paid on Highway Fund Abstract # 7 in the following amounts:
Highway Fund No. 91 through No. 114 = $ 14,008.47

Resolved that the bills be paid on Special Lighting District Fund Abstract # 5 in the following amounts:
Special Lighting District Fund No. 6 = $199.97

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