Town of Lexington,NY - Board Minutes


Board Meeting 7/16/2007 Special Meeting The Special Meeting of the Town Board of the Town of Lexington was called to order on July 16, 2007 at 3:30 P.M., by Supervisor Dixie Baldrey at the Lexington Municipal Building, followed by the pledge of allegiance. PRESENT: Supervisor........................................ Dixie Baldrey Council Members......……..….......… Keith Mellott Paul Van Valkenburgh Maurice Nelson Deputy Town Clerk ……….............….. Alida Bloodgood ABSENT: Councilmember ………………………. Lynn Byrne Town Clerk ……………………………. Rose Williams OTHERS PRESENT: Doug Van Duesen from Lamont Engineering; James Boyle, Code Enforcement Officer; and Will & Kiayra Lee. Supervisor Dixie Baldrey said that the special meeting was called to discuss the bid package for the repair of the outside of the Municipal Building bricks, and any other business that shall come before the Town Board. Audit the Financial Records RESOLUTION #79-07 AUDIT THE FINANCIAL RECORDS On a motion of 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 audited the financial records for 2006 on April 3rd, 2007, which consisted of the Tax Collectors Books, Town Clerk’s Petty Cash Book, the Judges Record Book, and the Judge’s Petty Cash Book, and Whereas, the minutes were amended on May 1st, 2007 to reflect that the audit was done, but failed to make a resolution, therefore, This Town Board resolves that the Town Court Financial Records and the Town Clerk/Tax Collectors Financial Records have been audited in a timely fashion, and found to be in good order. RESOLUTION #80-07 SUPPORT THE PRESENT TOWN JUSTICE SYSTEM On a motion of 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 WHEREAS, there has recently been negative press coverage by the New York Times suggesting that the Town court system is flawed and more specifically, alleging that the three hundred year tradition of non-lawyer judges presiding over and within the local municipalities should be eliminated; and WHEREAS, there has always been a Town Court within the Town of Lexington, conveniently located and accessible to our citizens; and WHEREAS, there are two (2) town Judgeships established within the Town of Lexington; and WHEREAS, there are presently two (2) non-attorney Town Justices within the Town of Lexington; and WHEREAS, with their civil and criminal jurisdiction, the Town Justices in the Town of Lexington handled many hundreds of cases in the past year; and WHEREAS, the Town Court of Lexington in the past year collected $16,020. in statutory fines, fees, and surcharges on behalf of the State of New York the County of Greene and the Town of Lexington, to help fund essential public services; and WHEREAS, THE Town Board of Lexington recognizes and appreciates the professionalism, diligence, intelligence and integrity of the non-attorney or lay justices within our town who bring a specialized experience to the bench particularly with issues unique to our community who elected them; and Now, therefore, be it: RESOLVED, that the members of the Town Board of Lexington support the continuation of the three hundred year tradition of non-lawyer or lay justices presiding in Town Courts, and it is further; RESOLVED, that the member of the Town Board of Lexington hereby oppose any requirement that Town Justices be attorney, and it is further; RESOLVED, that the members of the Town Board of Lexington oppose any efforts to eliminate local and convenient access to justice of our citizens; and find that the local presence of the Town Court of Lexington provides a meaningful and necessary presence within our community for judicial resolution of conflicts, continued public safety of our citizens and the protection of constitutional guarantee for all our citizens. Councilmember Lynn Byrne was unable to attend the meeting, so Supervisor Dixie Baldrey read an e-mail from her saying that she agreed with the proposal presented by Lamont Engineering. Supervisor Dixie Baldrey turned the meeting over to Doug Van Duesen from Lamont Engineers and he explained how he worked out the proposal for the brick work. The front side of the building requires the most attention because that is where most of the damage is. The requirements should follow the procurement policy and a “project description” used instead of a public document. Mr. Van Duesen said that breaking the project down in sections would be a much more workable solution for getting the project done. As they have no idea of damages until the bricks are removed and they can visually see what is underneath. The ornate front of the building is going to be the most difficult, so Tisdel Associates is included in the proposal. Doug Van Duesen would deal with the paperwork and contractors, and be here on a periodic basis. James Boyle asked about breaking up the bid package, and Mr. Van Duesen explained each contractor would be specialized. The warranty would not allow leaving mortar sticking on the bricks. If there is a delay in the work, there would be a hold on the price. It would take about three weeks to get the proposal to contractor. RESOLUTION #81-07 ACCEPT AGREEMENT FOR ENGINEERING SERVICES / BRICK & MORTAR REPAIR On a motion of 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 of Lexington has the need to repair the brick and mortar on the outside of the Town of Lexington Municipal Building, and WHEREAS, Lamont Engineers has submitted a proposal for their engineering services at an estimated project total of $11,520. in connection with the development of repair specifications, and WHEREAS, Lamont Engineers will prepare a project work description to be distributed and discussed with interested contractors, review shop drawings and contractor submittals, and WHEREAS, Lamont Engineers has agreed to review quotes and/or assist with contract negotiations with selected contractors, and WHEREAS, Lamont Engineers and/or Tisdel Associates (Subconsultant) will provide limited Construction Administration and Observation services, and WHEREAS, Lamont Engineers will conduct project meetings with the owner and contractor on an “as-needed” basis during construction, and WHEREAS, Lamont Engineers will conduct a final inspection with the interested parties, and prepare a close-out document, THEREFORE, This Town Board of the Town of Lexington resolves to enter into the Agreement for Engineering Services from Lamont Engineers, P.O. Box 610, Cobleskill, NY 12043 Engineer Doug Van Duesen said that he would try to have the bid package ready for the next meeting of August 7th, 2007. Councilmember Keith Mellott made a motion to adjourn the meeting, seconded by Councilmember Paul Van Valkenburgh. Everyone agreed. Supervisor Dixie Baldrey adjourned the meeting. Respectfully submitted, Alida Bloodgood Deputy Town Clerk

Board Meeting 7/16/2007 Special Meeting

The Special Meeting of the Town Board of the Town of Lexington was called to order on July 16, 2007 at 3:30 P.M., by Supervisor Dixie Baldrey at the Lexington Municipal Building, followed by the pledge of allegiance.

PRESENT: Supervisor........................................ Dixie Baldrey
Council Members......……..….......… Keith Mellott
Paul Van Valkenburgh
Maurice Nelson
Deputy Town Clerk ……….............….. Alida Bloodgood

ABSENT: Councilmember ………………………. Lynn Byrne
Town Clerk ……………………………. Rose Williams

OTHERS PRESENT: Doug Van Duesen from Lamont Engineering; James Boyle, Code Enforcement Officer; and Will & Kiayra Lee.

Supervisor Dixie Baldrey said that the special meeting was called to discuss the bid package for the repair of the outside of the Municipal Building bricks, and any other business that shall come before the Town Board.

Audit the Financial Records

RESOLUTION #79-07
AUDIT THE FINANCIAL RECORDS

On a motion of 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 audited the financial records for 2006 on April 3rd, 2007, which consisted of the Tax Collectors Books, Town Clerk’s Petty Cash Book, the Judges Record Book, and the Judge’s Petty Cash Book, and
Whereas, the minutes were amended on May 1st, 2007 to reflect that the audit was done, but failed to make a resolution, therefore,
This Town Board resolves that the Town Court Financial Records and the Town Clerk/Tax Collectors Financial Records have been audited in a timely fashion, and found to be in good order.

RESOLUTION #80-07
SUPPORT THE PRESENT TOWN JUSTICE SYSTEM

On a motion of 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

WHEREAS, there has recently been negative press coverage by the New York Times suggesting that the Town court system is flawed and more specifically, alleging that the three hundred year tradition of non-lawyer judges presiding over and within the local municipalities should be eliminated; and
WHEREAS, there has always been a Town Court within the Town of Lexington, conveniently located and accessible to our citizens; and
WHEREAS, there are two (2) town Judgeships established within the Town of Lexington; and
WHEREAS, there are presently two (2) non-attorney Town Justices within the Town of Lexington; and
WHEREAS, with their civil and criminal jurisdiction, the Town Justices in the Town of Lexington handled many hundreds of cases in the past year; and
WHEREAS, the Town Court of Lexington in the past year collected $16,020. in statutory fines, fees, and surcharges on behalf of the State of New York the County of Greene and the Town of Lexington, to help fund essential public services; and
WHEREAS, THE Town Board of Lexington recognizes and appreciates the professionalism, diligence, intelligence and integrity of the non-attorney or lay justices within our town who bring a specialized experience to the bench particularly with issues unique to our community who elected them; and
Now, therefore, be it:
RESOLVED, that the members of the Town Board of Lexington support the continuation of the three hundred year tradition of non-lawyer or lay justices presiding in Town Courts, and it is further;
RESOLVED, that the member of the Town Board of Lexington hereby oppose any requirement that Town Justices be attorney, and it is further;
RESOLVED, that the members of the Town Board of Lexington oppose any efforts to eliminate local and convenient access to justice of our citizens; and find that the local presence of the Town Court of Lexington provides a meaningful and necessary presence within our community for judicial resolution of conflicts, continued public safety of our citizens and the protection of constitutional guarantee for all our citizens.

Councilmember Lynn Byrne was unable to attend the meeting, so Supervisor Dixie Baldrey read an e-mail from her saying that she agreed with the proposal presented by Lamont Engineering.

Supervisor Dixie Baldrey turned the meeting over to Doug Van Duesen from Lamont Engineers and he explained how he worked out the proposal for the brick work. The front side of the building requires the most attention because that is where most of the damage is. The requirements should follow the procurement policy and a “project description” used instead of a public document. Mr. Van Duesen said that breaking the project down in sections would be a much more workable solution for getting the project done. As they have no idea of damages until the bricks are removed and they can visually see what is underneath. The ornate front of the building is going to be the most difficult, so Tisdel Associates is included in the proposal. Doug Van Duesen would deal with the paperwork and contractors, and be here on a periodic basis. James Boyle asked about breaking up the bid package, and Mr. Van Duesen explained each contractor would be specialized. The warranty would not allow leaving mortar sticking on the bricks. If there is a delay in the work, there would be a hold on the price. It would take about three weeks to get the proposal to contractor.

RESOLUTION #81-07
ACCEPT AGREEMENT FOR ENGINEERING SERVICES / BRICK & MORTAR REPAIR

WHEREAS, the Town of Lexington has the need to repair the brick and mortar on the outside of the Town of Lexington Municipal Building, and
WHEREAS, Lamont Engineers has submitted a proposal for their engineering services at an estimated project total of $11,520. in connection with the development of repair specifications, and
WHEREAS, Lamont Engineers will prepare a project work description to be distributed and discussed with interested contractors, review shop drawings and contractor submittals, and
WHEREAS, Lamont Engineers has agreed to review quotes and/or assist with contract negotiations with selected contractors, and
WHEREAS, Lamont Engineers and/or Tisdel Associates (Subconsultant) will provide limited Construction Administration and Observation services, and
WHEREAS, Lamont Engineers will conduct project meetings with the owner and contractor on an “as-needed” basis during construction, and
WHEREAS, Lamont Engineers will conduct a final inspection with the interested parties, and prepare a close-out document,
THEREFORE, This Town Board of the Town of Lexington resolves to enter into the Agreement for Engineering Services from Lamont Engineers, P.O. Box 610, Cobleskill, NY 12043

Engineer Doug Van Duesen said that he would try to have the bid package ready for the next meeting of August 7th, 2007.

Councilmember Keith Mellott made a motion to adjourn the meeting, seconded by Councilmember Paul Van Valkenburgh. Everyone agreed.

Supervisor Dixie Baldrey adjourned the meeting.

Respectfully submitted,

Alida Bloodgood
Deputy Town Clerk