Town of Lexington,NY - Board Minutes


Board Meeting July 7, 2009 The Regular Meeting of the Town Board of the Town of Lexington was called to order on July 7, 2009 at 6:00 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 Lynn Byrne Town Clerk ……..….......................Rose Williams Town Attorney ……………………Tal Rappleyea ABSENT: Council Member ……………………… Maurice Nelson A moment of silence was observed in memory of Vincent Prizzi. OTHERS PRESENT: Ralph (Ray) Albino, Mike Ryan (Windham Journal Rep.), Glenn Howard, Gregg Cross, James Boyle, Code Enforcement Officer; Adeline Basil, Marie Iannelli, Anne Marie Phelan, Ellouise Cole, Janice Mellott, Scott Griffin, and Glenn Leisching. Deputy Code Enforcement Officer Supervisor Dixie Baldrey said that the meeting was set for 6:00 pm so the town attorney could attend. The Town Board needs to discuss Code Enforcement coverage since the current Code Enforcement Officer has recused himself from dealing with the code enforcement at the hotel, and any other projects that Mr. Griffin is involved with because Jim, (Code Enforcement Officer) is involved in a personal transaction. Therefore, the Town Board needs to decide with advice from Attorney Tal Rappleyea, whether to create a new position for a Deputy Code Enforcement Officer or hire a Code Enforcement Officer from a neighboring town and pay them the hourly rate that they receive in that town. A discussion was held. Attorney Tal Rappleyea said that if the town goes with a Deputy Code Enforcement Officer which is being paid by the owner of the hotel, Scott Griffin, then an escrow account would be set up with an agreement where the money comes in and goes out. But the Town of Lexington Town Board would have to pay the CEO as an independent contractor under a contract that is set up by the town, and agreed upon by the parties involved. Either the Town or Attorney Tal Rappleyea will manage the money that is put into an escrow account from Scott Griffin. RESOLUTION #81-09 Advertise Deputy Code Enforcement Officer Position On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Lynn Byrne, the following resolution was ADOPTED - Ayes 4 - Baldrey, Van Valkenburgh, Byrne, and Mellott Nays – 0 Absent 1- Nelson The Town of Lexington Town Board resolves to advertise for a Deputy Code Enforcement Officer for the Town of Lexington as an independent contractor. Minutes RESOLUTION #82-09 Accept the Minutes / Regular & Informational Meeting On a motion by Council Member Lynn Byrne, seconded by Council Member Keith Mellott, the following resolution was ADOPTED - Ayes 4 - Baldrey, Van Valkenburgh, Byrne, and Mellott Nays – 0 Absent – 1- Nelson This Town Board resolves to accept the minutes of the Regular Meeting held on June 2, 2009 and the Informational Meeting held on June 17, 2009. RESOLUTION #83-09 Accept the Financial Report On a motion by Council Member Keith Mellott, seconded by Council Member Paul Van Valkenburgh, the following resolution was ADOPTED Ayes - 4 - Baldrey, Van Valkenburgh, Byrne, and Mellott. Nays – 0 Absent – 1 - Nelson This Town Board moves to accept the Financial Report of June 30, 2009, which was presented by Supervisor Dixie Baldrey. RESOLUTION #84-09 Transfer / General Fund On a motion by Council Member Keith Mellott, seconded by Council Member Paul Van Valkenburgh, the following resolution was ADOPTED Ayes - 4 - Baldrey, Van Valkenburgh, Byrne, and Mellott. Nays – 0 Absent – 1 - Nelson This Town Board resolves to make the following transfer in the General Fund: From: Refuse & Garbage (A8160.4) ======= $1,000. To: Central Printing & Mailing (A1670.4)== $1,000. Ambulance Service Supervisor Dixie Baldrey has contacted Supervisor Richard Tompkins, Ashland Supervisor, to try to set up a meeting and he told her that he would like to do some research before they meet. Supervisor Baldrey sent a letter to Supervisor Tompkins and Diane Cross with ideas and points that were discussed at the Lexington Board Meeting. Further discussion was held and Supervisor Baldrey will set up a meeting with Ashland when she receives her response from Supervisor Richard Tompkins. Code Enforcement Letter Supervisor Dixie Baldrey and Town Board Members received a letter from the Code Enforcement Officer James Boyle saying that the handyman for the Municipal Building was doing electrical work and did not have a license for Greene County. Supervisor Dixie Baldrey said that he was changing a globe on the light fixture and gaskets on the other two lights at that time. A discussion was held. Supervisor Baldrey said that she would not ask him in the future to do any electrical work because the town could not afford to have any electrical mishap at the Municipal Building. Greene Co. Youth Fair Fireworks Supervisor Baldrey received a letter from the Greene County Youth Fair asking for a donation towards their fireworks RESOLUTION #85-09 Greene Co. Youth Fair Donation On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Keith Mellott, the following resolution was ADOPTED Ayes - 3 - Van Valkenburgh, Byrne, and Mellott. Nay – 1 - Baldrey Absent – 1 - Nelson The Town of Lexington Town Board resolves to send a donation of $100.00 to the Greene County Youth Fair for fireworks. Condon Hollow Road / Glenn Howard Glenn Howard said that Condon Hollow road was closed in 1960 and the snowmobile club would like to open it for recreational purposes. The commissioner for DEC made a ruling for Adirondack Mts. which were given to the Town Board Members to review. Glenn Howard said there are two different abandonments of roads --- an abandonment of a road and a qualified abandonment of a road. In the ruling – it has to be ceased to be used for at least six years, and Glenn believes that Condon Hollow Road was abandoned improperly back in 1960. If the town decides to reopen the road – the town needs to get a legal document to say that the road was improperly abandoned and that it can be reopened for public access. And if it is open back up – Glenn believes that you would have to put some stipulations on the road --- like posting the road for recreational use only, so the club could use it for snowmobiling. Glenn Howard also said that the State would need a document saying that the road is being opened for recreational use. More discussion was held on reopening the road. Supervisor Dixie Baldrey said that she would like a month for her and the Council members to review the paperwork. Cell Tower / Glenn Howard Glenn Howard said that he was very concerned about safety in the town ---- he believes that the town needs a communication tower in the town. There are problems with the fire communications and cell service is needed in the area. Glenn Howard also said that the town could use the revenue to pay for the ambulance service --- and he was not concerned with what the thing looked like in the back yard of the town building. Glenn Howard presented a petition of ninety-three signatures to the Town Board and asked the Council Members to reconsider their decision for the installation of the cell tower, and ask the town board place their support and public safety issue to a vote by holding a public referendum. A discussion was held. Adeline Basil spoke in defense of having cell service in the area, and she lives next door to the Municipal Building. Further discussion was held.

Board Meeting

July 7, 2009

The Regular Meeting of the Town Board of the Town of Lexington was called to order on July 7, 2009 at 6:00 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
                                                         Lynn Byrne
Town Clerk ……..….......................Rose Williams
Town Attorney ……………………Tal Rappleyea

ABSENT: Council Member ……………………… Maurice Nelson

A moment of silence was observed in memory of Vincent Prizzi.

OTHERS PRESENT: Ralph (Ray) Albino, Mike Ryan (Windham Journal Rep.), Glenn Howard, Gregg Cross, James Boyle, Code Enforcement Officer; Adeline Basil, Marie Iannelli, Anne Marie Phelan, Ellouise Cole, Janice Mellott, Scott Griffin, and Glenn Leisching.

Deputy Code Enforcement Officer

                Supervisor Dixie Baldrey said that the meeting was set for 6:00 pm so the town attorney could attend.   The Town Board needs to discuss Code Enforcement coverage since the current Code Enforcement Officer has recused himself from dealing with the code enforcement at the hotel, and any other projects that Mr. Griffin is involved with because Jim, (Code Enforcement Officer) is involved in a personal transaction. Therefore, the Town Board needs to decide with advice from Attorney Tal Rappleyea, whether to create a new position for a Deputy Code Enforcement Officer or hire a Code Enforcement Officer from a neighboring town and pay them the hourly rate that they receive in that town.
                A discussion was held.
                Attorney Tal Rappleyea said that if the town goes with a Deputy Code Enforcement Officer which is being paid by the owner of the hotel, Scott Griffin, then an escrow account would be set up with an agreement where the money comes in and goes out. But the Town of Lexington Town Board would have to pay the CEO as an independent contractor under a contract that is set up by the town, and agreed upon by the parties involved.
Either the Town or Attorney Tal Rappleyea will manage the money that is put into an escrow account from Scott Griffin.

RESOLUTION #81-09
Advertise Deputy Code Enforcement Officer Position

                On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Lynn Byrne, the following resolution was
ADOPTED - Ayes 4 - Baldrey, Van Valkenburgh, Byrne, and Mellott
                   Nays – 0
                    Absent 1- Nelson

The Town of Lexington Town Board resolves to advertise for a Deputy Code Enforcement Officer for the Town of Lexington as an independent contractor.

Minutes

RESOLUTION #82-09
Accept the Minutes / Regular & Informational Meeting

                On a motion by Council Member Lynn Byrne, seconded by Council Member Keith Mellott, the following resolution was
ADOPTED - Ayes 4 - Baldrey, Van Valkenburgh, Byrne, and Mellott
                   Nays – 0
                    Absent – 1- Nelson

This Town Board resolves to accept the minutes of the Regular Meeting held on June 2, 2009 and the Informational Meeting held on June 17, 2009.

RESOLUTION #83-09
Accept the Financial Report

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

This Town Board moves to accept the Financial Report of June 30, 2009, which was presented by Supervisor Dixie Baldrey.

RESOLUTION #84-09
Transfer / General Fund

                This Town Board resolves to make the following transfer in the General Fund:
                                                From: Refuse & Garbage (A8160.4) ======= $1,000.
                                           To: Central Printing & Mailing (A1670.4)== $1,000.

Ambulance Service

Supervisor Dixie Baldrey has contacted Supervisor Richard Tompkins, Ashland Supervisor, to try to set up a meeting and he told her that he would like to do some research before they meet. Supervisor Baldrey sent a letter to Supervisor Tompkins and Diane Cross with ideas and points that were discussed at the Lexington Board Meeting. Further discussion was held and Supervisor Baldrey will set up a meeting with Ashland when she receives her response from Supervisor Richard Tompkins.

Code Enforcement Letter

Supervisor Dixie Baldrey and Town Board Members received a letter from the Code Enforcement Officer James Boyle saying that the handyman for the Municipal Building was doing electrical work and did not have a license for Greene County. Supervisor Dixie Baldrey said that he was changing a globe on the light fixture and gaskets on the other two lights at that time. A discussion was held. Supervisor Baldrey said that she would not ask him in the future to do any electrical work because the town could not afford to have any electrical mishap at the Municipal Building.

Greene Co. Youth Fair Fireworks

Supervisor Baldrey received a letter from the Greene County Youth Fair asking for a donation towards their fireworks

RESOLUTION #85-09
Greene Co. Youth Fair Donation

On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Keith Mellott, the following resolution was ADOPTED
Ayes - 3 - Van Valkenburgh, Byrne, and Mellott.
Nay – 1 - Baldrey
Absent – 1 - Nelson

The Town of Lexington Town Board resolves to send a donation of $100.00 to the Greene County Youth Fair for fireworks.

Condon Hollow Road / Glenn Howard

Glenn Howard said that Condon Hollow road was closed in 1960 and the snowmobile club would like to open it for recreational purposes. The commissioner for DEC made a ruling for Adirondack Mts. which were given to the Town Board Members to review. Glenn Howard said there are two different abandonments of roads --- an abandonment of a road and a qualified abandonment of a road. In the ruling – it has to be ceased to be used for at least six years, and Glenn believes that Condon Hollow Road was abandoned improperly back in 1960. If the town decides to reopen the road – the town needs to get a legal document to say that the road was improperly abandoned and that it can be reopened for public access. And if it is open back up – Glenn believes that you would have to put some stipulations on the road --- like posting the road for recreational use only, so the club could use it for snowmobiling. Glenn Howard also said that the State would need a document saying that the road is being opened for recreational use. More discussion was held on reopening the road. Supervisor Dixie Baldrey said that she would like a month for her and the Council members to review the paperwork.

Cell Tower / Glenn Howard

                Glenn Howard said that he was very concerned about safety in the town ---- he believes that the town needs a communication tower in the town. There are problems with the fire communications and cell service is needed in the area.   Glenn Howard also said that the town could use the revenue to pay for the ambulance service --- and he was not concerned with what the thing looked like in the back yard of the town building.
                Glenn Howard presented a petition of ninety-three signatures to the Town Board and asked the Council Members to reconsider their decision for the installation of the cell tower, and ask the town board place their support and public safety issue to a vote by holding a public referendum. A discussion was held.
                Adeline Basil spoke in defense of having cell service in the area, and she lives next door to the Municipal Building. Further discussion was held.