Town Board Meeting 8/07/2007

The Regular Meeting of the Town Board of the Town of Lexington was called to order on August 7, 2007 at 7:00 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
Lynn Byrne
Paul Van Valkenburgh
Maurice Nelson
Town Clerk ........................................ Rose Williams

OTHERS PRESENT: Ellouise Cole, Elizabeth Hapeman, Nancy Kizyma, Mildred Hermance, Nicholas Palermo, Ray Albino, Doug Van Duesen from Lamont Engineering; John Loftus, and Mike Ryan (Windham Journal Rep.)

RESOLUTION #82-07

AMEND & ACCEPT THE MINUTES OF 7/3/07

On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Maurice Nelson, the following resolution was

ADOPTED - Ayes - 5 - Baldrey, Mellott, Nelson, Van Valkenburgh, Byrne

Nays – 0

This Town Board moves to accept the minutes of July 3, 2007, after removing “completing the form” on page 2 because Supervisor Baldrey said that she only asked Councilmember Byrne to look into what could be applied for.

RESOLUTION #83-07

ACCEPT THE MINUTES OF SPECIAL MEETING – 7/16/2007

On a motion by Council Member Keith Mellott, seconded by Council Member Lynn Byrne, the following resolution was

ADOPTED - Ayes - 5 - Baldrey, Mellott, Nelson, Van Valkenburgh, Byrne

Nays – 0

This Town Board resolves to accept the minutes of the Special Meeting held on July 16, 2007.

Financial Report

Supervisor Baldrey explained the Financial Report to the Town Board Council Members and asked them if they had any questions. They discussed the Financial Statement.

RESOLUTION #84-07

ACCEPT THE FINANCIAL REPORT OF 7/31/07

On a motion by Council Member Maurice Nelson, seconded by Council Member Paul Van Valkenburgh, the following resolution was

ADOPTED - Ayes - 5 - Baldrey, Mellott, Nelson, Van Valkenburgh, Byrne

Nays – 0

This Town Board moves to accept the Financial Report from the Supervisor dated July 31, 2007.

Transfer

RESOLUTION #85-07

AUTHORIZE TRANSFER IN GENERAL FUND

On a motion by Council Member Lynn Byrne, seconded by Council Member Maurice Nelson, the following resolution was

ADOPTED - Ayes - 5 - Baldrey, Mellott, Nelson, Van Valkenburgh, Byrne

Nays – 0

This Town Board moves to make a transfer in the following General Fund:

From: Contingency Account, (A1990.4) == $150.00

To: Street Lighting, Contractual (A5182.4) == $150.00

Brick Work / Municipal Building

Doug Van Duesen said that he had the bid specifications all wrapped up and has sent them off to his structural engineer for review. Doug said that he expects to get the review back at the end of the week, and would like to put the project out for

advertisement next week (the week starting August 12th) for the response from the contractors. Next, he would like to hold a site meeting (first week in September) to go over the project and phases with the contractors so they are aware of the total contract, and have a bid opening meeting the following week. The contractors would be responding to all phases of the contract when they submit their bid, so the town can get an idea of the expense that they will have. Mr. Van Duesen said that the work would be start this September, but would most likely be finished in the spring of 2008.

Doug Van Duesen asked the Town Board Members for a contact person, so that the town would have as a representative to help oversee the project along with him. The name and phone number of Richard Banks (a local mason) was given to Doug for him to contact as a representative for the town. Supervisor Baldrey said that she would also contact him.

Fuel Oil Service

Supervisor Dixie Baldrey said that she hasn’t received a service contract back from Colonial Oil Company, and it would be put on hold until next month.

Web Site

The web site is progressing nicely and Peter Peters has sent a couple of ideas back to the town to show what the opening page would be like, and asking for our comments. An earlier meeting took place with Mr. Peters and it was discussed on what he would need, and what could be done with the website. Mr. Peters said that he could put the monthly T.B. minutes on the web site, the Zoning and Subdivision Laws along with any other regulations, the Town Directory with names and phone numbers of the officials within the town, application forms, and etc.

RESOLUTION #86-07

AUTHORIZE JUSTICE COURT ASSISTANCE PROGRAM

On a motion by Council Member Keith Mellott, seconded by Council Member Lynn Byrne, the following resolution was

ADOPTED - Ayes - 5 - Baldrey, Mellott, Nelson, Van Valkenburgh, Byrne

Nays – 0

It is resolved that we, the Town of Lexington Town Board approves and authorized the Judges of the town to apply for the funds from the “2007 Justice Court Assistance Program”.

Gerulak & Hartnett

Supervisor Dixie Baldrey said that Attorney Tal Rappleyea had spoken to Mrs. Gerulak and she was amazed that the building had fallen in such disarray and needed repair, but Gerulak requested time to clean the building up. Supervisor Baldrey said that it was never the intention of the town to take the building down, but could never get a response from her on the clean up. A discussion was held on what time should be given to Mrs. Gerulak. Supervisor Baldrey said that she needed something in writing on the specific time frame, and asked the Town Board Members what there feelings were on the time frame. More discussion was held about the Gerulak property. Councilmember Lynn Byrne said that she thought that they have had enough time, and that it should not be adjourned. The letter that Attorney Tal Rappleyea sent was read and Councilmember Byrne said that the letter never stated a time frame and how long would it be to bring it back to court again, if Mrs. Gerulak was not going to do anything. Councilmember Paul Van Valkenburgh said that he thought that there should be a time frame. Supervisor Baldrey said that she would give Attorney Tal Rappleyea a call and tell him that a time frame was needed. Councilmember Byrne said that she wanted to have it finished in six months, and that would be giving them almost five years. Supervisor Baldrey said that technically --- that would be giving her six months and she didn’t know if it could be done in six months. Supervisor Baldrey went on to say that she would talk to Jim to see what needs to be done and see what he thinks on a time frame for completing the work. Supervisor Dixie Baldrey said that she would contact Attorney Tal Rappleyea to have him contact their Attorney and tell them that the Board would like an agreement that states a time frame and what needs to be done. Councilmember Keith Mellott said that he thought that a time frame was needed, but felt that six months was pushing it because we are going into winter soon. Keith Mellott felt that if some of the stuff is started and completed in the

spring --- then he would be happy --- otherwise, tear the house down and be done with it. They discussed putting a specific date on the project and what was already done at the place. Supervisor Dixie Baldrey said that she didn’t think that there was a time frame on anything that was even filed with the court --- no time frame was set for the work. Rose Williams, Town Clerk, said that the wrong parcel Identification number was applied to the paper work and that would need correcting. Supervisor Dixie Baldrey said that she and the Town Board Members decided that she should contact Jim to see what needed to be done and then get back to Attorney Tal Rappleyea, so that he can get back to their Attorney to have an agreement drawn up as to the time frame --- what they think is legitimate --- if a building permit is valid for a year --- perhaps it needs to be a year. Supervisor Baldrey said that she would contact Jim and the Attorney right away.

Hartnett, there was a conversation with Mr. Hartnett, and he was interested in the town paying the taxes and insurance, but the town cannot do the insurance, but there is a way that the property could be shifted to the exempt tax roll because the property would be used for public service. However, for the ninety-nine years of the lease – the owner would be responsible if there names are on the deed, regardless of what happens. Therefore, Mr. Hartnett needs to discuss that with his family to see if they want to assume that responsibility. More discussion was held.

On August 6th, 2007, the town found out that the property down the street from the Hartnett place was having a problem with asbestos siding on the place and how to get rid of it, because is became a major problem. In order to remove the asbestos, where they are trying to renovate the property --- they discovered that the siding was asbestos, so therefore, the owner of the property contacted NYS DEC and they said they could remove the asbestos. Later, James Boyle, Code Enforcement Officer, contacted the regional code person from Kingston, and he sent out a fax to him saying that asbestos was not a code problem, but the NYS Dept. of Labor was in charge of any asbestos problems. The NYS Dept. of Labor came to town and shut down the project on Monday. It was stated, that the owner should have had an asbestos test done in the beginning, but would need an asbestos abatement company come in now to remove the asbestos in bags and dispose of it properly. More discussion was held, but everyone was pretty sure that the Hartnett house that the town would like to take down ---- has the same asbestos siding. A discussion was held on what should now be done with the Hartnett house because of the asbestos siding.

Supervisor Baldrey suggested that because of the situation with the asbestos ---- that the Town Board might want to reconsider this whole question and find out what it is going to cost to have the test done and what is it going to cost to have the abatement done to remove the asbestos, because originally ----- the town was going to be able to demolish the building without a problem. Now they believe that the cost is not going to be minimal because of the asbestos siding. A discussion was held on the Hartnett house and what should be done now with the unsafe structure.

Councilmember Lynn Byrne said that Mr. Hartnett needs to be made aware of the problem with his house and pay to get a test done to see what the siding is on the house, because the town needs to know this before they can consider taking down the house. Councilwoman Byrne also said that a time frame should be applied for this to get done, and if it is going to involve so much work, then, Mr. Hartnett needs to know that, and the town needs to know it too if they consider leasing the property and taking down the house. And if the town decides that they are going to do it ---- then he will be served papers again and he will have to do it eventually. Supervisor Baldrey said that the other side of the coin was that if the town decides to pay for the asbestos abatement, and removing the building, and lease it --- then the property is still his. Councilmember Byrne said that if the town has to pay for all of that, then it should become the towns ---- if the money is invested in all that. Right now, Mr. Hartnett has to get it tested to find out if it is asbestos; then he has a choice, either pay to have it taken down and lease it to the town or turn it over to the town for them to tear it down. Supervisor Dixie Baldrey said that she would contact Mr. Hartnett and tell him that he should get the building / siding tested for asbestos before the town can continue with anything else, and that he needs to follow up on that and take care of his building in a legal time frame.

Main Street

Supervisor Dixie Baldrey said that thanks to Councilmember, Keith Mellott, who is employed by Greene County Soil & Water, has had his crew removed the brush in the lot next to the parking lot on Main Street. Councilmember Mellott reported that some trees would need to be removed in that area and some would need trimming. Keith said that he talked with Renee Van Schaack and he was in full agreement that the blue spruce do need to come down for safety reasons. Councilmember Mellott went on to say that he would contact the G.C. Highway Dept. to take the trees down with their bucket truck when he can help them.

Residency

RESOLUTION #87-07

RESIDENCY

On a motion from Councilmember Paul Van Valkenburgh, seconded by Councilmember Keith Mellott, the following resolution was

ADOPTED. Ayes 5 -- Baldrey, Nelson, Van Valkenburgh, Mellott, Byrne

Nays 0

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.

Diane Rashid

Ashley Davis

Gregory Valerio

Jacqueline T Megnin

Residency

Supervisor Dixie Baldrey and the Town Board Members discussed the residency verification for Jessica Dickson, which resides on 82 Grinnell Road, which is in the Town of Lexington. Supervisor Dixie Baldrey contacted the Greene Co. Treasurer to see if they have to be in a place for six months to claim residency. Supervisor Dixie Baldrey contacted the Treasurer’s office and was informed that a resolution was no longer needed and someone needs to initial the notice and return it to Greene Co. verifying their status as a residence.

Public Concerns

Supervisor Dixie Baldrey said that the Town had received a grant of $5,800 towards putting the Code Enforcement Records on electronic file so that they are not all on paper records. Georgette Krauss and James Boyle is working on the files.

Nancy Kizyma asked if the people are told what they can do and not do when they apply for a demolition permit, and/or a renovation permit. Supervisor Dixie Baldrey didn’t know what the demolition permit said, but would find out from James Boyle ---- she went on to say that the information on hazards materials would be included on the permits.

Correspondence

Received a thank you note from Kim Do saying that he was happy to see the reduced speed limit on Route 42 by his house.

Supervisor Baldrey asked the Town Board Members to read an article in the Town Topic magazine, “Local Government Efficiency and Competitiveness”.

Supervisor Dixie Baldrey said that she needed a volunteer to participate from this municipality to serve on the “Project Advisory Team (PAT) for the Greene County Watershed Assistance Program. Councilmember Lynn Byrne volunteered to find out more about it and to participate in the program. She said that she would contact Michelle Yost to get information.

Received notice from the Northeast USA Vietnam Veterans Assoc. that the traveling wall for the Vietnam Veterans would be in Freehold, NY and they would be honoring Tunis Rappleyea, as one of the seventeen from this area that made the ultimate sacrifice while serving their country.

Received a letter from Michael R. McNulty regarding opposition to the Federal Environmental Protection Agency’s Filtration Avoidance (FAD).

Received an invitation to attend the Windham Country Club at 5:00 PM on Sunday, August 19th for a Bar-B-Q and a presentation from the Catskill Center for Conservation and Development. All town officials were invited.

A reminder was received from the Town of Lexington Historical Society inviting everyone to come and take part in the Town Picture, that would be taken on Saturday, August 11th, 2007 at 10:00 PM at the Historical Society Church.

Ulster-Greene ARC Donation

Received a letter from the Ulster-Greene ARC saying that they were holding their 5th Annual Greene County Volunteer Recognition Luncheon, and they asked for a donation in their booklet. A booster ad with the name of the town listed was $25.00, which the town board members decided to do.

RESOLUTION #88-07

ULSTER-GREENE ARC DONATION

On a motion from Councilmember Lynn Byrne, seconded by Councilmember Maurice Nelson, the following resolution was

ADOPTED. Ayes 5 -- Baldrey, Nelson, Van Valkenburgh, Mellott, Byrne

Nays 0

It is resolved that the Town of Lexington Town Board agrees to pay Ulster-Greene ARC $25.00 for a booster ad in the advertisement of their Ad Journal that will be distributed at their luncheon.

Pay the Bills

RESOLUTION #89-07

AUDIT OF CLAIMS

On a motion of Councilmember Keith Mellott, seconded by Councilmember Paul Van Valkenburgh, the following resolution was

ADOPTED. Ayes 5 -- Baldrey, Byrne, Mellott, Nelson, Van Valkenburgh.

Nays 0

Resolved that this Town Board, having audited the following vouchers, inclusive, hereby, orders them paid and directs the Town Clerk to draw up the Abstracts on the Supervisor for payment of the following amounts:

Resolved that the bills be paid on Abstract #8 in the following amounts:

General Fund No. 155 through 180 = $15,828.39

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

Highway Fund No. 77 through 92 = $15,579.90

Resolved that the bills be paid on Abstract #6 in the following amount:

Special Lighting District Fund No. 6 = $166.32

Adjourn

With no further business, a motion was made by Councilmember Keith Mellott, seconded by Councilmember Paul Van Valkenburgh, that the meeting should be adjourned. Carried unanimously.

Supervisor Dixie Baldrey adjourned the meeting.

Respectfully submitted,

Rose Williams, RMC

Town Clerk