Town of Lexington,NY - Board Minutes


Board Meeting Special Meeting August 18, 2010 The Special Meeting of the Town Board of the Town of Lexington was called to order on August 18, 2010 at 6:30 P.M., by Supervisor Greg Cross at the Lexington Municipal Building, followed by the pledge of allegiance. PRESENT: Supervisor ......................................... Greg Cross Council Members......……..…........… Keith Mellott John Berger Lynn Byrne Glenn Howard Town Clerk ……..…....................…. Rose Williams Supt. of Highways ………..………… Frank Hermance OTHERS PRESENT: Ellouise Cole, Chris Dwon, Mary Cline – Deputy Supervisor; Liza, Paul & Abigail Dwon, Matthew Dwon, Amy Van Etten, JoEllen Schermerhorn, Elizabeth Hapeman, Mike Ryan (Windham Journal Rep.), Jill Knaust, Paul Van Valkenburgh, Dixie Baldrey, Margaret & Jerry Lawrence, Lois Jenkins, Bill Pushman, Nicholas Palermo, Jack & Kathy Jordan, Sandra Conde, Lois Montecalvo, Beatrice Sainato, June Frasier, Janice Mellott, Linda Hoagland, Nina Berger, Arielle Berger, Bob Basil, and Warren Wandursky. Supervisor Greg Cross said that the meeting was called to discuss the ambulance service, and around a month or so ago, the Town Board agreed to move forward interviewing potential ambulance administrators, but that hadn't been accomplished. Then, Thursday after the last Town Board meeting, Supervisor Richard Tompkins from Ashland requested a meeting with him in reference to the ambulance. Supervisor Tompkins told Supervisor Greg Cross that he was going to require the Town of Lexington to sign an agreement if there rig comes into this town -- and the town would need to pay for the service provided -- whatever is above and beyond someone's insurance --similar to the one they have with Town of Prattsville and Town of Windham. Supervisor Cross said that he had a question to ask, and asked him if he was proposing to be the transporting agency for the Town of Lexington. Supervisor Tompkins informed him that it could possible work. Supervisor Greg Cross went on to say, that to make this work the town would have to have First Responders or EMTs --- and Ashland would basically transport the patients. Supervisor Greg Cross said that he thought that it would be much more cost effective and asked for any discussion or questions. A discussion was held on different topics, which were: EMTs or First Responders are in the process of taking courses. It takes six months to get an EMT's certified. Can a First Responder assist until an EMT arrives? Council Member Byrne said that she preferred to have EMT’s responding. EMT's from the town won't be certified for at least six months. Does the town need to provide mutual aid for Hunter if they don't provide it for us? What is the protocol for the procedure when Lexington is called and then it goes to Prattsville -- is there a way to speed up the protocol more quickly? If the town signs up with Ashland -- the tones would automatically go off in Ashland. Contact Shandaken for backup from them. Shandaken doesn’t want to deal with the town unless they can transport to Kingston. Discussed having a fly car for the First Responders or EMT's to use. The Rescue Squad does call Shandaken now at times if they know the patient wants to go to Kingston. Councilman Howard said that he knows this guy, Richard M., who is the head of the Shandaken Ambulance, and he didn't seem to be worried about coming into Lexington, and he has said that he would do anything he could to help out. Council Member Howard went on to say that there is a need to consider contacting Shandaken for help in the Spruceton area because it is closer to them than Ashland would be. Discussed whether First Responders can administer oxygen. Is the Fire Company going to set up and have First Responders for the Fire Co.? First Responders would be better than nothing because they can give aid in some way. Not better if EMT's are hired -- especially if they cannot give oxygen. Need to get on the horn and get this done because someone is going to die. Would you need an Administrator? Wouldn't need an ambulance, but would need something like a fly car. Does the Sheriff have medical training in this area, and the answer was no. This way would be a more cost effective avenue. Councilmember Howard will contact the guy in Shandaken. Councilmember Lynn Byrne asked if the "Certificate of Need Application" needed to be completed, which was started to the Board of Health, so the town could operate. A discussion was held. The Town Board Members agreed to try to get an agreement with Ashland and Shandaken for the ambulance service for the town. Also need to explore hiring EMT's. Need to advertise for EMT's and the Town Board needs to make the shifts up for EMT's or First Responders. Supervisor Greg Cross said that he would get the contract from Ashland before the next regular meeting of the Town Board, and Councilmember Howard would see what he could do with Shandaken. Robert Basil wanted to know if there was any rescue squad in the Town of Lexington anymore -- he thought the ambulance could be a first responders vehicle. More discussion was held. Cell Tower Received a letter from the "Independent Towers Holding, LLC" saying that they have made an application to the Town of Prattsville for the installation of a 195' telecommunications tower structure and accessory structures on Cozy Hollow Road. The proposed structure is designed to provide wireless service to the Town of Prattsville, primary highways and surrounding areas. Council Member Glenn Howard will call them to see what they offer. Fuel Tank There was a notice of violation on the fuel oil tank behind the Municipal Building and Council Member Glenn Howard said that he would work with whomever to see why it did not pass the vacuum test, and explore why it failed. The town might need to solicit bids for the tank after they find out why it leaks. The fuel tank at the Highway Garage has been replaced and fixed. Public Concerns Amy Van Etten spoke to the public and the Town Board Members regarding her pay from the Youth Program for the Town of Lexington. Ms. Van Etten read from a letter, which is on file at the Town Clerk's office for reference. She had final questions where she asked, "How come her (Assistant Director) salary wasn't taken out of the Director's fee and she also asked that if we (the town) had budget cuts of that amount -- then why wasn't the Director's fee cut also. A copy of her letter was given to the Supervisor and each Town Board Members. Supervisor Greg Cross, "First of all -- to answer the question from my point of view -- I said that first of all -- this was the first time I had become aware of the problem. Since I have been here from January -- there has been several problems that I have addressed, and have been relatively successful in addressing them and taking care of them as long as I am aware of them. Until tonight, I was totally unaware of your problem, and obliviously we need to discuss it. The Budget that was proposed by the previous Town Board for the 2010 year -- all pay cuts were reduced -- no pay raises for this year. As far as the amount of money you earned --- speaking from my own experience -- I never, I personally have never taken a job assuming how much money I was going to make. At the end of any day --- I knew how much money I was going to make. As far as getting five hundred last year and three hundred this year -- I will leave that for Nina to discuss. My opinion on the youth coordinator salary is that the youth coordinator just doesn't work when camp is in session. I had a couple of meetings with Nina prior to camp. This year with the different arrangement with the bus -- she was responsible to make sure the bus was here. She is also responsible to file a report with Greene County, which she does each and every year. So, the job is just not the ten days or so that the camp is in session. So as far as her salary --- that is just that -- it is a salary. As far as your three hundred dollars, you know again -- if -- I don't know how the Board feels, but it may be something they can work with. I cannot fix the problem if I don't know of it. And in my defense -- that is where I am at." Youth Director Nina Berger, "I have been doing this for five years and I based the pay on the budget I had to work with -- the number of counselors I had and job performance. Amy has been with me for three years and this is the first year that I will say that her paper work was not up to snuff, and she knew what she was suppose to be doing. I have copies of the forms where she did not fill out the work." Jo Ellen Schermerhorn, "Nina, why didn't you tell her it was not up to snuff -- why didn't you explain to her what was wrong?" Youth Director Nina Berger, "I was not here the last three weeks which Supervisor Cross was aware of, and Arielle took my place. Arielle witnessed Amy doing her paper work on the bus and ma de comments about not liking to do the paperwork." Counselor Amy Van Etten, "I did not say that I did not like doing paperwork every day." Youth Director Nina Berger, "But that is part of the job --- that is part of the job -- I have to do paper work --- I have to do paperwork at the end of December when everybody is closing up their books and the Youth Program is long forgotten --- I have to do my reports for the Greene County Youth Bureau. Jill Knaust, "Isn't part of the job -- to show up for the job. You showed up four days out of eleven for camp. Can you justify that --- taking your full salary?" Youth Director Nina Berger, "I met with Supervisor Cross and he was fully aware of what was going to happen." Jo Ellen Schermerhorn, "I don't think it was just Amy, but all of the staff members were surprised and shocked at what they got -- I think it should have been done across the Board." Supervisor Greg Cross, "When I heard that there was a little stir about the pay --- my first call was to Keith Mellott." Jill Knaust interrupted, "So Supervisor Greg Cross ………." Supervisor Greg Cross, "Please give me a chance; and rumor and fact is two different things -- I heard that there was a stir of problems with the pay, so I called Keith and told Keith that I honestly didn't have anything to compare it with --- I had notes of how the budget was put together, but not what the counselors get paid -- I was unaware of that. So I needed to talk to somebody, and Keith told me that Junior Counselors -- to the best of his knowledge, was paid one-hundred to one-hundred and fifty dollars every year. Please let me explain --- so we discussed it and Keith asked me to look into what the 2009 counselors were paid. That being said; for some reason that when the budget was put together in 2009 -- he had no idea how Nina ended up having more money to work with counselors last year than she did this year. Last year she had twelve-hundred and fifty dollars to work with and this year's budget gave her one-thousand dollars. The budget was put together and one-thousand dollars was put in that budget, and I cannot speak on how the budget was put together because I was not part of it." Council Member Lynn Byrne, "I would like to make some comments." Supervisor Greg Cross, "Feel free." Council Member Byrne, "Amy did call me about this and I told her that I would see if there was anything that I could find out. I came here to the Municipal Building yesterday (Tuesday) and asked to see the vouchers for the employees of the summer program and I also wanted to get a list of expenditures for the equipment line on the budget because there was nine-hundred and seventy-five dollars for equipment. I was able to find three vouchers that had a pay stub stapled to them. Is the summer program auditable?" Supervisor Greg Cross, "Everything in the town is auditable." Council Member Byrne, "The vouchers had no signature on it whatsoever approving it, and there should have been a signature from the Director as well as either the Town Supervisor or the Town Board and there was none. I noticed there was only three vouchers, so I tried to find the vouchers for the other two employees; so those people were paid without even turning in vouchers." Council Member Byrne read from Town Law Manual, "No claim shall be paid unless an itemized voucher in the form prescribed by the Town Board or the Town Comptroller shall have been presented to the Town Board and shall have been audited and allowed. Vouchers should be accompanied by a statement by the officer whose action gave rise or origin to the claim that the officer approves the claim and that the service was actually rendered or supplies or equipment actually delivered." Councilmember Lynn Byrne, "So, I am concerned." Supervisor Greg Cross, "There is no need for you to be concerned and first of all Lynn -- the first meeting of the year --- you authorized me to make those payments by saying those payments are made upon completion." Council Member Byrne, "Absolutely." Supervisor Greg Cross, "Was the Youth Program completed when those checks were issued --- yes, it was." Councilmember Byrne, "Did you sign the voucher? --- No, and there were two that didn't even have vouchers. Greg, how can someone get paid if they don't fill out a voucher?" Supervisor Greg Cross, "There are two vouchers in my office." Councilmember Byrne, "When, not yesterday." Supervisor Cross, "There are two vouchers in my office." Councilmember Byrne, "When -- not yesterday, not yesterday when I saw the paystubs -- they had already been paid before a voucher was turned in." Supervisor Greg Cross, "Do you want to call the State Comptroller and audit the Summer Youth Program." Councilmember Byrne, "Well maybe we better have a State Comptroller come in and audit the whole town." Supervisor Cross, "Good Luck because it ain't going to happen." Councilmember Byrne, "Why not?" Supervisor Cross, "Because I have already called them." Councilmember Byrne, "And what did they tell you?" Supervisor Greg Cross, "Unless you can prove a theft of money -- they are not coming. I can give you the guy’s name I spoke to and I can give you his phone number." Councilmember Byrne, "So it is o.k. to pay people out of --- like a private checking account." Supervisor Greg Cross, "A private checking account." Councilmember Byrne, "I mean if you can just write a check and there is not a voucher saying what the check is for --- how can you do that for the town." Supervisor Greg Cross, "I disagree with the way you are approaching this -- and first of all -- you knew the vouchers were here -- unfortunately they were not in my office because Rose chose to keep them in her office so she could give them to ummmm, so you could come in here and grandstand tonight and I take exception to that approach." Town Clerk Rose Williams, "The vouchers laid in my box, I did not give them to her -- she picked them out and said what are these -- I did not supply her with anything." Supervisor Greg Cross, "So she went in your mailbox." Town Clerk Rose Williams, "I have a box of vouchers as you walk in the door --- they are there -- that is where she got them from." Councilmember Byrne, "I want to know why people were paid without vouchers." Supervisor Greg Cross, "I will tell you exactly what happened --- this is what happened -- I was authorized by the Town Board to pay these people upon completion of the job. Councilmember Byrne, "Right" Supervisor Greg Cross, "So, after the job was completed, I spoke to Nina --- Nina gave me a rundown of the people involved in the Youth Program and she told me the pays --- I, unfortunately unlike you, accusing Mary of paying them." Councilmember Byrne, "I didn't say Mary's name at all in this -- I didn't say anybody's name." Supervisor Cross, "This week you did." Councilmember Byrne, "You did, you just said Mary." Supervisor Greg Cross, "This week you went into my office and accused her --- Who authorized you to pay these people?" Councilmember Byrne, "I didn't accuse you of anything." Deputy Supervisor Mary Cline, "You turned around and asked me who authorized me and that put me on the spot." Councilmember Byrne, "Oh boy" Supervisor Greg Cross, "So Lynn……" Councilmember Byrne, "Forget it, I am telling you that it says here in the law book that vouchers ……." Supervisor Cross, "Call the State Comptroller and have him audit my books -- the books have been kept since January of 2010 --- are the tightest books the town has had in several years." Councilmember Lynn Byrne, "You mean to tell me that it is o.k. to pay somebody out of town money and not have a voucher." Supervisor Greg Cross, "I have vouchers." Councilmember Byrne, "When." Supervisor Greg Cross, "Well, I don't have the vouchers because you took them home with you." Councilmember Lynn Byrne, "I didn't take them home with me." Supervisor Greg Cross, "Where are they tonight." Town Clerk Rose Williams, "They are in my office ----- laying in….." Councilmember Lynn Byrne, "Oh my God." Town Clerk, Rose Williams, "There is a square box that when people walk into my office --- they can drop the vouchers in the box." Supervisor Greg Cross, "The vouchers are there?" Town Clerk, Rose Williams, "Today I think that I took them out and laid them on my desk, so that I could start working on them." Supervisor Greg Cross, "So how do you want to solve this Lynn -- I mean." Councilmember Lynn Byrne, "I want to see the vouchers tonight --- I want to see all five vouchers tonight with a date on them and with your signature on them --- and Nina's signature on them." Supervisor Greg Cross, "That is perfectly fine." Supt. of Highways, Frank Hermance, "Time out, I have something to say before we go any further --- I turned bills in here last month without my signature on to them --- how did they get paid without my signature on them." Town Clerk Rose Williams, "Because the Town Board signed them." Supt. Frank Hermance, "But I still have to O.K. it." Town Clerk Rose Williams, "Yes there were three that was handed into me late." Supt. Frank Hermance, "I know they were handed in late, but my name was not on the voucher, she says that Greg's name has to be on the voucher." Supervisor Greg Cross, "O.K. that is enough of the voucher argument." Councilmember Lynn Byrne, "It is not an argument, it is the law." Supervisor Greg Cross, "The problem in the end is that somebody is discouraged on what they got paid." Councilmember Lynn Byrne, "You are saying that is why I brought this up." Supervisor Greg Cross, "No …." Councilmember Lynn Byrne, "Are you insinuating that is why I brought it up and did grandstanding." Supervisor Greg Cross, "No, that is what the problem is at hand --- Amy stood up and she made a statement ---- O. K. the rest of this is all just whatever it is --- so it boils down to that Amy not being satisfied with what she got paid." Councilmember Lynn Byrne, "So, what are we going to do about that?" Supervisor Greg Cross, "We are going to address it and I am open for suggestions --- Obviously in the budget of last year - there was more money to work with for the counselors, and there was less counselors and for some reason when the budget was put together, the money was taken out from the counselors" Councilmember Lynn Byrne, "So, is there money left over in the equipment budget?" Supervisor Greg Cross, "Yes there is." Councilmember Lynn Byrne, "How much money is there left over in the equipment budget?" Youth Director Nina Berger, "I didn't spend any money for equipment -- The only money that I paid out for the whole time was for the Zoom Flume, and I don't know if that money comes out of the equipment budget. $448.70 was spent at the Zoom Flume. I was told that I had one-thousand to spend and one of my counselors was absent three times and he earned one-hundred and fifty dollars. I based the pay on performance --- last year the counselors had more kids to deal with and since I had one less person….." Councilmember Byrne, "I am just wondering if there is any money left in the budget -- that maybe we could use." Janice Mellott, "Excuse me Greg, I did the Youth Program for nineteen years and I am not disputing anything here, but what I don't understand is --- at the beginning of the summer I was given and put down what my budget would get for the summer, O.K. --- more or less --- whatever I thought --- whether they approved it or not. When I started in the summer, I presented what I needed -- if I had a junior counselor --- they were always a kid that was registered in the camp, an older child to give me assistance -- not a salary but a stipend. My son was given a stipend, Bobby Hermance was one, and Jill Schermerhorn was one. They were given stipends. They always knew up front what they were getting --- if they weren't doing their job, they were talked to. The bookkeeper did the money, and I didn't have any of the money or salaries. But I am grateful to Nina and anyone who keeps the Youth Program going -- alright -- but I don't understand how you can pay someone five-hundred last year --- you would assume you were going to get that, and if you have a budget cut -- then a budget cut goes across the board -- Amy had every right to assume that she was going to get five-hundred dollars." Supervisor Greg Cross, "I am not disputing that fact, and when the checks were written -- I honestly had no idea what anybody made last year. I only knew what people made when I got this paper e-mailed from the bookkeeper this morning. That is how I know what people made last time or last year. And based on what they got paid last year --- she had more money in her budget last year. Why?" Janice Mellott, "But, you never knew upfront at the beginning of the program what each person was going to get paid." Supervisor Greg Cross, "But that is not in the information that they put together last year." Dixie Baldrey, "I can only answer the question about the budget, and why the budget was less money this time. Nina did not have an assistant budgeted for last year or the year before, so that is why we reduced the budget by the amount we did, and I am only responding to why the budget was less." Nina Berger, "This year I had thirty-four children registered and five children paid from out of town at twenty -five dollars each and I gave the checks to Greg." Supervisor Greg Cross, "Do you have something to say because you look like you are biting your tongue." Jill Knaust, "She has one-thousand dollars for counselors, so she leaves and her daughter acts as the Director while she is gone, shouldn't she actually share her Director's fee with her daughter instead of it being out of the counselor fee because she is not a counselor -- she is acting as a Director. That is all I had to say." Arielle Berger, "I was only standing in for her --- I don't complete the paperwork, I didn't meet with Greg Cross, I didn't do anything that the Director does other than stand in for her when she was not at camp.” Supervisor Greg Cross, "There is minus Nina salary and Susan Walsh salary -- there is $360. Dollars left in Personnel Services. I think she might have had a right to except five hundred." Amy Van Etten, "If there was a budget cut, why wasn't anything said at the beginning of the summer?" Youth Director, Nina Berger, "I am very sorry and that is probable something that I should have said right up front, but I didn't think about it. When I am starting the program out --- there is a lot of things and I have parents calling me and I have a lot of paperwork to do. I think this program is very important and I think that it gives children who doesn't have the opportunity to get exercise -- where otherwise, --- they might be setting in front of a television set if their parents are working -- they get to learn how to swim --- they get exercise, and we are not getting rich doing this. Amy Van Etten, "I'm aware, but I think if you put the time in, then you should get paid for it -- doesn't that make sense?" Youth Director, Nina Berger, "It does." Amy Van Etten, "I know that it is a summer youth program for the town and we are not going to make a lot of money." Amy Van Etten, "But a lot of us are not happy, Arielle, how can you be happy with four-hundred dollars." Youth Director, Nina Berger,, "Amy - you had how many children - umm -- you had one, two, three, four, five, six, seven, eight -- you had eight children -- two of which - either the grandmother or their parent was there every time and one which ……… Amy Van Etten interrupted …….. Supervisor Greg Cross, "O.K. -- O.K. -- O.K. Supervisor Greg Cross, "Lynn - make a motion to pay two-hundred dollars." Amy Van Etten, "I would rather the money be split among the other counselors evenly. I am not looking to get rich -- I want to do what is right." Supervisor Greg Cross, "So what is your proposal?" Amy Van Etten, "Whatever money is going to be rewarded, split it among the rest of us - me - Melissa - Zachery - and Arielle, unless Arielle oppose that." Youth Director, Nina Berger, "I will say that if the Town Board is willing to split the extra funds that are available -- I am for it." Supervisor Greg Cross, "Under personnel services, you have $360.00 --- last year she had $1,250.00 to work with and this year she had $1,000.00 -- Split the $360. Resolution # 82-10 Approve Payment to Youth Program Counselors On a motion by Council Member Lynn Byrne, seconded by Council Member Glenn Howard, the following resolution was ADOPTED - Ayes - 4 - Cross, Byrne, Howard, Mellott, Nays - 0 Abstain – 1 Berger This Town Board moves to divide $360 between the following three counselors: Amy Van Etten, Zachery Davis, and Melissa Phelan. Public Concerns: Linda Hoagland said that she had a question; "I read Mr. Ryan's article last week in the Windham Journal about your house, you were getting a building permit -- isn't that house already there and are you not living in it? Supervisor Greg Cross, "I am in the process of moving in that house -- yes, I am -- I have spoke to the Board of Elections and they have told me at what point I need to resign -- and at that point, you can rest assured that I will resign." Linda Hoagland, "But everything you stated in that article is right -- you got a building permit…." Supervisor Greg Cross, "I believe so; He (Mr. Ryan) stated that -- that information wasn't stated by me. He found that from another source that I obtained a building permit -- he did confirm that I had a building permit -- yes, I have a building permit -- yes, I am building a house and yes -- when it is completed --- when I am totally moved into it -- I will be moving in to it, and I will be resigning. Yes." Linda Hoagland, "I have seen it and it looks almost finished." Supervisor Greg Cross, "It is almost finished -- I am not totally moved in yet." Lois Montecalvo, "I have a question, would you be the only person who doesn't live in Lexington that has to resign because you don't live in Lexington." Council Member Keith Mellott, "I will answer that --- currently right now I live in Haines Falls --- I still have my business here in Lexington with my mailing address here. We came to an agreement that I would finish out my term unless I was pushed -- I only have until November of next season and then I am done." Lois Montecalvo, "So, you have to live here?" Council Member Keith Mellott, "Legally you do, but there are circumstances with the Board of Elections --- as long as you maintain a physical address -- whether it is my business or me living here --- the business is still in Lexington right now. Council Member Lynn Byrne, "He is renting, so according to law -- he is a temporary resident --- if he were to buy property and move and be paying taxes, etc, in another town --- then he would no longer be a resident. Lois Montecalvo, "So, the fact that Greg has a business here…….." Councilmember Byrne, "I don't know." Lois Montecalvo, "I am just asking a question here." Paul Van Valkenburgh, "Where are you living now Greg?" Supervisor Greg Cross, "I am in the process of moving to my new home in Prattsville." Betty Hapeman, "Where are you sleeping?" Supt. of Highways, Frank Hermance, "He is sleeping at my house." Supervisor Cross, "That is it -- I am sleeping --- I have the same arrangement as Keith Mellott has and ummm --- that is how I am leaving it." Adjourn Council Member Keith Mellott made a motion to adjourn the meeting, seconded by Council Member John Berger. Everyone Agreed. Supervisor Greg Cross adjourned the meeting. Note: I wasn't sure how I was going to do these minutes, but when I started with one statement and then another statement ---- I kept going and ended up doing it all --- all or nothing -- so you have what was on the tape. Respectfully Submitted, Rose Williams, RMC, Town Clerk

Board Meeting

Special Meeting
August 18, 2010

The Special Meeting of the Town Board of the Town of Lexington was called to order on August 18, 2010 at 6:30 P.M., by Supervisor Greg Cross at the Lexington Municipal Building, followed by the pledge of allegiance.

PRESENT:
Supervisor ......................................... Greg Cross
Council Members......……..…........… Keith Mellott
                                                             John Berger
                                                             Lynn Byrne
                                                             Glenn Howard
Town Clerk ……..…....................….   Rose Williams
Supt. of Highways ………..………… Frank Hermance

OTHERS PRESENT: Ellouise Cole, Chris Dwon, Mary Cline – Deputy Supervisor; Liza, Paul & Abigail Dwon, Matthew Dwon, Amy Van Etten, JoEllen Schermerhorn, Elizabeth Hapeman, Mike Ryan (Windham Journal Rep.), Jill Knaust, Paul Van Valkenburgh, Dixie Baldrey, Margaret & Jerry Lawrence, Lois Jenkins, Bill Pushman, Nicholas Palermo, Jack & Kathy Jordan, Sandra Conde, Lois Montecalvo, Beatrice Sainato, June Frasier, Janice Mellott, Linda Hoagland, Nina Berger, Arielle Berger, Bob Basil, and Warren Wandursky.

            Supervisor Greg Cross said that the meeting was called to discuss the ambulance service, and around a month or so ago, the Town Board agreed to move forward interviewing potential ambulance administrators, but that hadn't been accomplished. Then, Thursday after the last Town Board meeting, Supervisor Richard Tompkins from Ashland requested a meeting with him in reference to the ambulance. Supervisor Tompkins told Supervisor Greg Cross that he was going to require the Town of Lexington to sign an agreement if there rig comes into this town -- and the town would need to pay for the service provided -- whatever is above and beyond someone's insurance --similar to the one they have with Town of Prattsville and Town of Windham. Supervisor Cross said that he had a question to ask, and asked him if he was proposing to be the transporting agency for the Town of Lexington. Supervisor Tompkins informed him that it could possible work. Supervisor Greg Cross went on to say, that to make this work the town would have to have First Responders or EMTs --- and Ashland would basically transport the patients.
            Supervisor Greg Cross said that he thought that it would be much more cost effective and asked for any discussion or questions. A discussion was held on different topics, which were:

            EMTs or First Responders are in the process of taking courses.
            It takes six months to get an EMT's certified.
            Can a First Responder assist until an EMT arrives?
            Council Member Byrne said that she preferred to have EMT’s responding.
            EMT's from the town won't be certified for at least six months.
            Does the town need to provide mutual aid for Hunter if they don't provide it for us?
            What is the protocol for the procedure when Lexington is called and then it goes to Prattsville --                                                                                is there a way to speed up the protocol more quickly?
            If the town signs up with Ashland -- the tones would automatically go off in Ashland.
            Contact Shandaken for backup from them.
            Shandaken doesn’t want to deal with the town unless they can transport to Kingston.
            Discussed having a fly car for the First Responders or EMT's to use.
            The Rescue Squad does call Shandaken now at times if they know the patient wants to go to                                                                                                                                                 Kingston.
            Councilman Howard said that he knows this guy, Richard M., who is the head of the Shandaken                                     Ambulance, and he didn't seem to be worried about coming into Lexington, and he has said that he would do anything he could to help out. Council Member Howard went on to say that there is a need to consider contacting Shandaken for help in the Spruceton area because it is closer to them than Ashland would be.
            Discussed whether First Responders can administer oxygen.
            Is the Fire Company going to set up and have First Responders for the Fire Co.?
            First Responders would be better than nothing because they can give aid in some way.
            Not better if EMT's are hired -- especially if they cannot give oxygen.
            Need to get on the horn and get this done because someone is going to die.
            Would you need an Administrator?
            Wouldn't need an ambulance, but would need something like a fly car.
            Does the Sheriff have medical training in this area, and the answer was no.
            This way would be a more cost effective avenue.
            Councilmember Howard will contact the guy in Shandaken.

            Councilmember Lynn Byrne asked if the "Certificate of Need Application" needed to be completed, which was started to the Board of Health, so the town could operate. A discussion was held.
            The Town Board Members agreed to try to get an agreement with Ashland and Shandaken for the ambulance service for the town. Also need to explore hiring EMT's.
            Need to advertise for EMT's and the Town Board needs to make the shifts up for EMT's or First Responders.
            Supervisor Greg Cross said that he would get the contract from Ashland before the next regular meeting of the Town Board, and Councilmember Howard would see what he could do with Shandaken.
            Robert Basil wanted to know if there was any rescue squad in the Town of Lexington anymore -- he thought the ambulance could be a first responders vehicle. More discussion was held.

Cell Tower

Received a letter from the "Independent Towers Holding, LLC" saying that they have made an application to the Town of Prattsville for the installation of a 195' telecommunications tower structure and accessory structures on Cozy Hollow Road. The proposed structure is designed to provide wireless service to the Town of Prattsville, primary highways and surrounding areas. Council Member Glenn Howard will call them to see what they offer.

Fuel Tank

            There was a notice of violation on the fuel oil tank behind the Municipal Building and Council Member Glenn Howard said that he would work with whomever to see why it did not pass the vacuum test, and explore why it failed.   The town might need to solicit bids for the tank after they find out why it leaks.
            The fuel tank at the Highway Garage has been replaced and fixed.

Public Concerns

Amy Van Etten spoke to the public and the Town Board Members regarding her pay from the Youth Program for the Town of Lexington. Ms. Van Etten read from a letter, which is on file at the Town Clerk's office for reference. She had final questions where she asked, "How come her (Assistant Director) salary wasn't taken out of the Director's fee and she also asked that if we (the town) had budget cuts of that amount -- then why wasn't the Director's fee cut also. A copy of her letter was given to the Supervisor and each Town Board Members.

Supervisor Greg Cross, "First of all -- to answer the question from my point of view -- I said that first of all -- this was the first time I had become aware of the problem. Since I have been here from January -- there has been several problems that I have addressed, and have been relatively successful in addressing them and taking care of them as long as I am aware of them. Until tonight, I was totally unaware of your problem, and obliviously we need to discuss it. The Budget that was proposed by the previous Town Board for the 2010 year -- all pay cuts were reduced -- no pay raises for this year. As far as the amount of money you earned --- speaking from my own experience -- I never, I personally have never taken a job assuming how much money I was going to make. At the end of any day --- I knew how much money I was going to make. As far as getting five hundred last year and three hundred this year -- I will leave that for Nina to discuss. My opinion on the youth coordinator salary is that the youth coordinator just doesn't work when camp is in session. I had a couple of meetings with Nina prior to camp. This year with the different arrangement with the bus -- she was responsible to make sure the bus was here. She is also responsible to file a report with Greene County, which she does each and every year. So, the job is just not the ten days or so that the camp is in session. So as far as her salary --- that is just that -- it is a salary. As far as your three hundred dollars, you know again -- if -- I don't know how the Board feels, but it may be something they can work with. I cannot fix the problem if I don't know of it. And in my defense -- that is where I am at."
Youth Director Nina Berger, "I have been doing this for five years and I based the pay on the budget I had to work with -- the number of counselors I had and job performance. Amy has been with me for three years and this is the first year that I will say that her paper work was not up to snuff, and she knew what she was suppose to be doing. I have copies of the forms where she did not fill out the work."
Jo Ellen Schermerhorn, "Nina, why didn't you tell her it was not up to snuff -- why didn't you explain to her what was wrong?"
Youth Director Nina Berger, "I was not here the last three weeks which Supervisor Cross was aware of, and Arielle took my place. Arielle witnessed Amy doing her paper work on the bus and ma de comments about not liking to do the paperwork."
Counselor Amy Van Etten, "I did not say that I did not like doing paperwork every day."
Youth Director Nina Berger, "But that is part of the job --- that is part of the job -- I have to do paper work --- I have to do paperwork at the end of December when everybody is closing up their books and the Youth Program is long forgotten --- I have to do my reports for the Greene County Youth Bureau.

Jill Knaust, "Isn't part of the job -- to show up for the job. You showed up four days out of eleven for camp. Can you justify that --- taking your full salary?"
Youth Director Nina Berger, "I met with Supervisor Cross and he was fully aware of what was going to happen."
Jo Ellen Schermerhorn, "I don't think it was just Amy, but all of the staff members were surprised and shocked at what they got -- I think it should have been done across the Board."
Supervisor Greg Cross, "When I heard that there was a little stir about the pay --- my first call was to Keith Mellott."
Jill Knaust interrupted, "So Supervisor Greg Cross ………."
Supervisor Greg Cross, "Please give me a chance; and rumor and fact is two different things -- I heard that there was a stir of problems with the pay, so I called Keith and told Keith that I honestly didn't have anything to compare it with --- I had notes of how the budget was put together, but not what the counselors get paid -- I was unaware of that. So I needed to talk to somebody, and Keith told me that Junior Counselors -- to the best of his knowledge, was paid one-hundred to one-hundred and fifty dollars every year. Please let me explain --- so we discussed it and Keith asked me to look into what the 2009 counselors were paid. That being said; for some reason that when the budget was put together in 2009 -- he had no idea how Nina ended up having more money to work with counselors last year than she did this year. Last year she had twelve-hundred and fifty dollars to work with and this year's budget gave her one-thousand dollars. The budget was put together and one-thousand dollars was put in that budget, and I cannot speak on how the budget was put together because I was not part of it."
Council Member Lynn Byrne, "I would like to make some comments."
Supervisor Greg Cross, "Feel free."
Council Member Byrne, "Amy did call me about this and I told her that I would see if there was anything that I could find out. I came here to the Municipal Building yesterday (Tuesday) and asked to see the vouchers for the employees of the summer program and I also wanted to get a list of expenditures for the equipment line on the budget because there was nine-hundred and seventy-five dollars for equipment. I was able to find three vouchers that had a pay stub stapled to them. Is the summer program auditable?" Supervisor Greg Cross, "Everything in the town is auditable."
Council Member Byrne, "The vouchers had no signature on it whatsoever approving it, and there should have been a signature from the Director as well as either the Town Supervisor or the Town Board and there was none. I noticed there was only three vouchers, so I tried to find the vouchers for the other two employees; so those people were paid without even turning in vouchers."
Council Member Byrne read from Town Law Manual, "No claim shall be paid unless an itemized voucher in the form prescribed by the Town Board or the Town Comptroller shall have been presented to the Town Board and shall have been audited and allowed. Vouchers should be accompanied by a statement by the officer whose action gave rise or origin to the claim that the officer approves the claim and that the service was actually rendered or supplies or equipment actually delivered."
Councilmember Lynn Byrne, "So, I am concerned."
Supervisor Greg Cross, "There is no need for you to be concerned and first of all Lynn -- the first meeting of the year --- you authorized me to make those payments by saying those payments are made upon completion."
Council Member Byrne, "Absolutely."
Supervisor Greg Cross, "Was the Youth Program completed when those checks were issued --- yes, it was."
Councilmember Byrne, "Did you sign the voucher? --- No, and there were two that didn't even have vouchers. Greg, how can someone get paid if they don't fill out a voucher?"
Supervisor Greg Cross, "There are two vouchers in my office."
Councilmember Byrne, "When, not yesterday."
Supervisor Cross, "There are two vouchers in my office."
Councilmember Byrne, "When -- not yesterday, not yesterday when I saw the paystubs -- they had already been paid before a voucher was turned in."
Supervisor Greg Cross, "Do you want to call the State Comptroller and audit the Summer Youth Program."
Councilmember Byrne, "Well maybe we better have a State Comptroller come in and audit the whole town."
Supervisor Cross, "Good Luck because it ain't going to happen."
Councilmember Byrne, "Why not?"
Supervisor Cross, "Because I have already called them."
Councilmember Byrne, "And what did they tell you?"
Supervisor Greg Cross, "Unless you can prove a theft of money -- they are not coming. I can give you the guy’s name I spoke to and I can give you his phone number."
Councilmember Byrne, "So it is o.k. to pay people out of --- like a private checking account."
Supervisor Greg Cross, "A private checking account."
Councilmember Byrne, "I mean if you can just write a check and there is not a voucher saying what the check is for --- how can you do that for the town."
Supervisor Greg Cross, "I disagree with the way you are approaching this -- and first of all -- you knew the vouchers were here -- unfortunately they were not in my office because Rose chose to keep them in her office so she could give them to ummmm, so you could come in here and grandstand tonight and I take exception to that approach."
Town Clerk Rose Williams, "The vouchers laid in my box, I did not give them to her -- she picked them out and said what are these -- I did not supply her with anything."
Supervisor Greg Cross, "So she went in your mailbox."
Town Clerk Rose Williams, "I have a box of vouchers as you walk in the door --- they are there -- that is where she got them from."
Councilmember Byrne, "I want to know why people were paid without vouchers."
Supervisor Greg Cross, "I will tell you exactly what happened --- this is what happened -- I was authorized by the Town Board to pay these people upon completion of the job.
Councilmember Byrne, "Right"
Supervisor Greg Cross, "So, after the job was completed, I spoke to Nina --- Nina gave me a rundown of the people involved in the Youth Program and she told me the pays --- I, unfortunately unlike you, accusing Mary of paying them."
Councilmember Byrne, "I didn't say Mary's name at all in this -- I didn't say anybody's name."
Supervisor Cross, "This week you did."
Councilmember Byrne, "You did, you just said Mary."
Supervisor Greg Cross, "This week you went into my office and accused her --- Who authorized you to pay these people?"
Councilmember Byrne, "I didn't accuse you of anything."
Deputy Supervisor Mary Cline, "You turned around and asked me who authorized me and that put me on the spot."
Councilmember Byrne, "Oh boy"
Supervisor Greg Cross, "So Lynn……"
Councilmember Byrne, "Forget it, I am telling you that it says here in the law book that vouchers ……."
Supervisor Cross, "Call the State Comptroller and have him audit my books -- the books have been kept since January of 2010 --- are the tightest books the town has had in several years."
Councilmember Lynn Byrne, "You mean to tell me that it is o.k. to pay somebody out of town money and not have a voucher."
Supervisor Greg Cross, "I have vouchers."
Councilmember Byrne, "When."
Supervisor Greg Cross, "Well, I don't have the vouchers because you took them home with you."
Councilmember Lynn Byrne, "I didn't take them home with me."
Supervisor Greg Cross, "Where are they tonight."
Town Clerk Rose Williams, "They are in my office ----- laying in….."
Councilmember Lynn Byrne, "Oh my God."
Town Clerk, Rose Williams, "There is a square box that when people walk into my office --- they can drop the vouchers in the box."
Supervisor Greg Cross, "The vouchers are there?"
Town Clerk, Rose Williams, "Today I think that I took them out and laid them on my desk, so that I could start working on them."
Supervisor Greg Cross, "So how do you want to solve this Lynn -- I mean."
Councilmember Lynn Byrne, "I want to see the vouchers tonight --- I want to see all five vouchers tonight with a date on them and with your signature on them --- and Nina's signature on them."
Supervisor Greg Cross, "That is perfectly fine."
Supt. of Highways, Frank Hermance, "Time out, I have something to say before we go any further --- I turned bills in here last month without my signature on to them --- how did they get paid without my signature on them."
Town Clerk Rose Williams, "Because the Town Board signed them."
Supt. Frank Hermance, "But I still have to O.K. it."
Town Clerk Rose Williams, "Yes there were three that was handed into me late."
Supt. Frank Hermance, "I know they were handed in late, but my name was not on the voucher, she says that Greg's name has to be on the voucher."
Supervisor Greg Cross, "O.K. that is enough of the voucher argument."
Councilmember Lynn Byrne, "It is not an argument, it is the law."
Supervisor Greg Cross, "The problem in the end is that somebody is discouraged on what they got paid."
Councilmember Lynn Byrne, "You are saying that is why I brought this up."
Supervisor Greg Cross, "No …."
Councilmember Lynn Byrne, "Are you insinuating that is why I brought it up and did grandstanding."
Supervisor Greg Cross, "No, that is what the problem is at hand --- Amy stood up and she made a statement ---- O. K. the rest of this is all just whatever it is --- so it boils down to that Amy not being satisfied with what she got paid."
Councilmember Lynn Byrne, "So, what are we going to do about that?"
Supervisor Greg Cross, "We are going to address it and I am open for suggestions --- Obviously in the budget of last year - there was more money to work with for the counselors, and there was less counselors and for some reason when the budget was put together, the money was taken out from the counselors"
Councilmember Lynn Byrne, "So, is there money left over in the equipment budget?"

Supervisor Greg Cross, "Yes there is."
Councilmember Lynn Byrne, "How much money is there left over in the equipment budget?"
Youth Director Nina Berger, "I didn't spend any money for equipment -- The only money that I paid out for the whole time was for the Zoom Flume, and I don't know if that money comes out of the equipment budget. $448.70 was spent at the Zoom Flume. I was told that I had one-thousand to spend and one of my counselors was absent three times and he earned one-hundred and fifty dollars. I based the pay on performance --- last year the counselors had more kids to deal with and since I had one less person….."
Councilmember Byrne, "I am just wondering if there is any money left in the budget -- that maybe we could use."
Janice Mellott, "Excuse me Greg, I did the Youth Program for nineteen years and I am not disputing anything here, but what I don't understand is --- at the beginning of the summer I was given and put down what my budget would get for the summer, O.K. --- more or less --- whatever I thought --- whether they approved it or not. When I started in the summer, I presented what I needed -- if I had a junior counselor --- they were always a kid that was registered in the camp, an older child to give me assistance -- not a salary but a stipend. My son was given a stipend, Bobby Hermance was one, and Jill Schermerhorn was one. They were given stipends. They always knew up front what they were getting --- if they weren't doing their job, they were talked to. The bookkeeper did the money, and I didn't have any of the money or salaries. But I am grateful to Nina and anyone who keeps the Youth Program going -- alright -- but I don't understand how you can pay someone five-hundred last year --- you would assume you were going to get that, and if you have a budget cut -- then a budget cut goes across the board -- Amy had every right to assume that she was going to get five-hundred dollars."
Supervisor Greg Cross, "I am not disputing that fact, and when the checks were written -- I honestly had no idea what anybody made last year. I only knew what people made when I got this paper e-mailed from the bookkeeper this morning. That is how I know what people made last time or last year. And based on what they got paid last year --- she had more money in her budget last year. Why?"
Janice Mellott, "But, you never knew upfront at the beginning of the program what each person was going to get paid."
Supervisor Greg Cross, "But that is not in the information that they put together last year."
Dixie Baldrey, "I can only answer the question about the budget, and why the budget was less money this time. Nina did not have an assistant budgeted for last year or the year before, so that is why we reduced the budget by the amount we did, and I am only responding to why the budget was less."
Nina Berger, "This year I had thirty-four children registered and five children paid from out of town at twenty -five dollars each and I gave the checks to Greg."
Supervisor Greg Cross, "Do you have something to say because you look like you are biting your tongue."
Jill Knaust, "She has one-thousand dollars for counselors, so she leaves and her daughter acts as the Director while she is gone, shouldn't she actually share her Director's fee with her daughter instead of it being out of the counselor fee because she is not a counselor -- she is acting as a Director. That is all I had to say."
Arielle Berger, "I was only standing in for her --- I don't complete the paperwork, I didn't meet with Greg Cross, I didn't do anything that the Director does other than stand in for her when she was not at camp.”
Supervisor Greg Cross, "There is minus Nina salary and Susan Walsh salary -- there is $360. Dollars left in Personnel Services. I think she might have had a right to except five hundred."
Amy Van Etten, "If there was a budget cut, why wasn't anything said at the beginning of the summer?"
Youth Director, Nina Berger, "I am very sorry and that is probable something that I should have said right up front, but I didn't think about it. When I am starting the program out --- there is a lot of things and I have parents calling me and I have a lot of paperwork to do. I think this program is very important and I think that it gives children who doesn't have the opportunity to get exercise -- where otherwise, --- they might be setting in front of a television set if their parents are working -- they get to learn how to swim --- they get exercise, and we are not getting rich doing this.
Amy Van Etten, "I'm aware, but I think if you put the time in, then you should get paid for it -- doesn't that make sense?"
Youth Director, Nina Berger, "It does."
Amy Van Etten, "I know that it is a summer youth program for the town and we are not going to make a lot of money."
Amy Van Etten, "But a lot of us are not happy, Arielle, how can you be happy with four-hundred dollars."
Youth Director, Nina Berger,, "Amy - you had how many children - umm -- you had one, two, three, four, five, six, seven, eight -- you had eight children -- two of which - either the grandmother or their parent was there every time and one which ………
Amy Van Etten interrupted ……..
Supervisor Greg Cross, "O.K. -- O.K. -- O.K.
Supervisor Greg Cross, "Lynn - make a motion to pay two-hundred dollars."
Amy Van Etten, "I would rather the money be split among the other counselors evenly. I am not looking to get rich -- I want to do what is right."
Supervisor Greg Cross, "So what is your proposal?"
Amy Van Etten, "Whatever money is going to be rewarded, split it among the rest of us - me - Melissa - Zachery - and Arielle, unless Arielle oppose that."

Youth Director, Nina Berger, "I will say that if the Town Board is willing to split the extra funds that are available -- I am for it."
Supervisor Greg Cross, "Under personnel services, you have $360.00 --- last year she had $1,250.00 to work with and this year she had $1,000.00 -- Split the $360.

Resolution # 82-10
Approve Payment to Youth Program Counselors

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

This Town Board moves to divide $360 between the following three counselors: Amy Van Etten, Zachery Davis, and Melissa Phelan.

Public Concerns:

Linda Hoagland said that she had a question; "I read Mr. Ryan's article last week in the Windham Journal about your house, you were getting a building permit -- isn't that house already there and are you not living in it?
Supervisor Greg Cross, "I am in the process of moving in that house -- yes, I am -- I have spoke to the Board of Elections and they have told me at what point I need to resign -- and at that point, you can rest assured that I will resign."
Linda Hoagland, "But everything you stated in that article is right -- you got a building permit…."
Supervisor Greg Cross, "I believe so; He (Mr. Ryan) stated that -- that information wasn't stated by me. He found that from another source that I obtained a building permit -- he did confirm that I had a building permit -- yes, I have a building permit -- yes, I am building a house and yes -- when it is completed --- when I am totally moved into it -- I will be moving in to it, and I will be resigning. Yes."
Linda Hoagland, "I have seen it and it looks almost finished."
Supervisor Greg Cross, "It is almost finished -- I am not totally moved in yet."
Lois Montecalvo, "I have a question, would you be the only person who doesn't live in Lexington that has to resign because you don't live in Lexington."
Council Member Keith Mellott, "I will answer that --- currently right now I live in Haines Falls --- I still have my business here in Lexington with my mailing address here. We came to an agreement that I would finish out my term unless I was pushed -- I only have until November of next season and then I am done."
Lois Montecalvo, "So, you have to live here?"
Council Member Keith Mellott, "Legally you do, but there are circumstances with the Board of Elections --- as long as you maintain a physical address -- whether it is my business or me living here --- the business is still in Lexington right now.
Council Member Lynn Byrne, "He is renting, so according to law -- he is a temporary resident --- if he were to buy property and move and be paying taxes, etc, in another town --- then he would no longer be a resident.
Lois Montecalvo, "So, the fact that Greg has a business here…….."
Councilmember Byrne, "I don't know."
Lois Montecalvo, "I am just asking a question here."
Paul Van Valkenburgh, "Where are you living now Greg?"
Supervisor Greg Cross, "I am in the process of moving to my new home in Prattsville."
Betty Hapeman, "Where are you sleeping?"
Supt. of Highways, Frank Hermance, "He is sleeping at my house."
Supervisor Cross, "That is it -- I am sleeping --- I have the same arrangement as Keith Mellott has and ummm --- that is how I am leaving it."

Adjourn
Council Member Keith Mellott made a motion to adjourn the meeting, seconded by Council Member John Berger. Everyone Agreed.
Supervisor Greg Cross adjourned the meeting.

Note: I wasn't sure how I was going to do these minutes, but when I started with one statement and then another statement ---- I kept going and ended up doing it all --- all or nothing -- so you have what was on the tape.
Respectfully Submitted,

Rose Williams, RMC, Town Clerk