Board Meeting

September 2, 2008

The Regular Meeting of the Town Board of the Town of Lexington was called to order on September 2, 2008 at 7:00 P.M., by Supervisor Dixie Baldrey at the Lexington Municipal Building, followed by the pledge of allegiance.

            A moment of silence was observed in memory of Benito Barcone, Anthony Shumylo, and Clarence (Bucky) Van Valkenburgh. .

PRESENT: Supervisor  .............................. Dixie Baldrey
      Council Members......……..….......…   Keith Mellott
                                                                    Lynn Byrne                                                    
                                                                    Maurice Nelson
     Town Clerk .......................….............   Rose Williams               
ABSENT:   Councilmember ……………... Paul Van Valkenburgh                

            OTHERS PRESENT: Beverly Resnik – Dezan, Nancy Kizyma, Robert Hermance, Code Enforcement Officer - James Boyle, Ellouise Cole, Stephanie Kizyma, Ralph (Ray) Albino, Marsha Smith,  Art Rood, Nicholas Palermo, and Mike Ryan (Windham Journal Rep.).

RESOLUTION #104-08
APPROVE  THE  MINUTES

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

            This Town Board approves the minutes of the regular meeting held on August 5, 2008.

           
Financial Report

RESOLUTION #105-08
APROVAL OF THE  FINANCIAL  REPORT

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

            This Town Board approves the Financial Report for August, 2008 as presented by Supervisor Dixie Baldrey.

RESOLUTION #106-08
TANSFER – GENERAL FUND

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

            This Town Board moves to make the following transfer in the General Fund:
                                    From: Contingency (A1990.4) == $656.50
                                        To: Youth Program (A7310.4) == $656.50

 

Dept. of Labor – Violations

            The Town of Lexington received violations from the NYS Dept. of Labor, from the Public Employee Safety and Health Bureau.  Therefore, the Town Board Council Members had a discussion about buying safety equipment that is needed for the Town of Lexington Highway Crew, so they meet the safety requirements.
            Council Member Lynn Byrne asked if the Town Board could have three different quotes for the safety equipment and what the standards were for the safety regulations from PESH/OSHA .  The Council Members agreed that there should be three different quotes for the safety equipment, and Council Member Lynn Byrne asked if there was a list of what was needed.   Supervisor Baldrey said that the Supt of Highways, Larry Cross, has the list of the items.

Highway Department

            Supervisor Dixie Baldrey said that she had a message from Supt. Larry Cross, saying that the workers wanted to know who they would contact to get a decision on something, if they were not able to make the decision --- if Larry was not available.  A discussion was held on who would make the decision.   
            Councilmember Lynn Byrne wanted to know if they had any suggestions that they would like to make, and if they have no suggestions, then Larry’s cell phone would be the first choice, and their second choice would be the chairman of the Highway Committee, Council Member Paul Van Valkenburgh. 

Weather Guard  Proposal

            Supervisor Dixie Baldrey said that the Town received a proposal from Weather Guard – the company that repaired the membrane on the front part of the roof of the Municipal Building.  They submitted a preventative maintenance program which they offer to all their customers, and the Board Members reviewed it.   A discussion was held. 

Roof over Fireman’s Room

            Supervisor Dixie Baldrey said that she has pictures of the section of roof over the Fireman’s Room that needs repair.  Supervisor Baldrey said that it is pealing back at the seams of the membrane, and the town needs to get an estimate for the repairs.    A discussion was held and Supervisor Dixie Baldrey said that she would call to get it checked out and get an estimate if one was needed.  Council Member Keith Mellott and Lynn Byrne said that the other sections should be looked at also.

Budget Work Shop Date – Tuesday – September 23, 2008 @ 5:00 pm

RESOLUTION #107-08
RECESS REGULAR MEETING

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

            This Town of Lexington Town Board moves to recess from the Regular Town Board Meeting and go to the Board Hearing that was scheduled for 9/2/2008 regarding Local Law # 3 of 2005, “Local Law Regulating Unsafe Building and Collapsed Structures”  Time 7:30 PM

Board Hearing  

Supervisor Dixie Baldrey called the Board Hearing to order at 7:31 PM, and read the Legal Notice into the recorded that was published in the Windham Journal (local newspaper) on August 7, 2008,  “NOTICE IS HEREBY GIVEN,  that a meeting will be held by the Town Board of the Town of Lexington, Greene County, New York at the Town Hall , Lexington, New York on September 2, 2008 at 7:30 o’clock PM in the evening for the purpose of considering the alleged unsafe building owned by Roger and Marie Hartnett, designated as Tax Map #127.20-2-10 in accordance with the conditions of the Town of Lexington Unsafe Building Law.”    Supervisor Baldrey also said that the notice was mailed to the owner because it was required by the Local Law.

Supervisor Dixie Baldrey said that the Board Hearing was being held to determine if the property located at 39 County Route 13A, Lexington, NY was unsafe.  Next, Supervisor Dixie Baldrey turned the meeting over to James Boyle so that he could say why it is unsafe under town law.  Jim Boyle had pictures that he showed and sited the conditions that deemed it unsafe.
Local Law 3 of 2005
Section 3, C, D, E, G, H (Conditions seem to be from neglect and lack of upkeep)

Supervisor Dixie Baldrey asked the public if anyone had any comments or questions to make
Regarding the Hartnett Property at 39 County Route 13A, Lexington, NY.  No response was made from the public, so therefore, Supervisor Dixie Baldrey asked for a motion to close the Board Hearing.

RESOLUTION #108-08
Close Town Board Hearing

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

            This Town Board shall close the Town Board Hearing, and return to the regular scheduled meeting of the Town Board.  7:45 pm

Supervisor Baldrey asked for a resolution from the Town Board confirming that Parcel # 127.20-2-10 is an unsafe building based on the testimony from the Code Enforcement Officer, James Boyle.

RESOLUTION #109-08
CONFIRMING UNSAFE BUILDING DETERMINATION

On a motion by Council Member Keith Mellott, seconded by Council Member Maurice Nelson, the following resolution was
ADOPTED - Ayes - 4 - Baldrey, Byrne, Mellott, & Nelson.
                    Absent – 1 – Van Valkenburgh
                    Nays – 0
           
WHEREAS the Town of Lexington has enacted an Unsafe Building Law; and
            WHEREAS, the property located at 39 County Route 13A, Town of Lexington, Greene County, State of New York, has been found by the Building Inspector/Code Enforcement Officer of the Town of Lexington to be an unsafe building as defined in said Law; and
           
WHEREAS, the owners of such property, Roger and Marie Hartnett have received notice of the above-mentioned hearing in accordance with the requirements of said Law and failed to appear at the hearing and have not responded in any manner thereto, and

WHEREAS, the Town of Lexington Building Inspector testified at such hearing that the building on the aforementioned land is unsafe and provided proof thereof.

NOW THEREFORE IT IS HEREBY
RESOLVED that the Town Board of the Town of Lexington hereby confirms that the building located at 39 County Route 13A is an unsafe building as that term is defined in the Town of Lexington Unsafe Buildings Law, and it is further

RESOLVED that the owners thereof, Roger and Marie Hartnett are hereby directed to repair or demolish said building within 30 days of the service of this Resolution upon them, and it is further

RESOLVED that in the event the said building is not repaired or demolished within such time period the Supervisor of the Town of Lexington is hereby authorized to seek quotes to demolish such building(s) in accordance with the Town’s Procurement Policy and cause such building(s) to be demolished, and it is further

RESOLVED, that in the event the owner of such real property fails to reimburse the Town of the cost of such demolition, same shall be reported to the Greene County Real Property Tax Services and recorded as a lien upon such real property and collected as an additional tax thereon.

Fines

            Robert Hermance said that his copy of Local Law # 3 of 2005 had fees that should have been implemented against Mr. Hartnett for every day that he failed to comply with a  statement of repair ( fined $200. per day) as stated in the local law.   
Rose Williams, Town Clerk, said that she had given Bob Hermance a copy of the local law that had been reviewed for changes at a former Town Board Meeting, and their was notations written in the copy for updates that the Town Board Members thought should be changed.   Rose Williams, Town Clerk apologized and said that she shouldn’t have given that copy out as the law because the written notes were not acted upon.

Rescue Squad Meeting

            Council Member Lynn Byrne said that a committee meeting was held regarding the town’s concerns for the ambulance service and another meeting will be held on Friday, Sept. 5, 2008.  They are investigating the different issues and how it may be done in the future.  A discussion was held. 

Storm Water Project Committee / Appointment

            Supervisor Dixie Baldrey asked the members of the public if anyone would like to serve on the Storm Water Project Committee and no one was interested.  A discussion was held. 

Hughs.net – The appointment with Hughs.net was cancelled because of illness and Council Member Keith Mellott will reschedule the next meeting asap.

Public Concerns

Art Rood is a member of the Zoning Board of Appeals and said that they have had several cases that have come before them that involve sheds.   A discussion was held on the sheds, and the hearings were held because variances were needed to comply with the law.  .  Mr. Rood asked the Town Board Members to look into exempting the residents from a building permit for sheds or some sheds.  Further discussion was held on exempting the sheds or what sized sheds might be exempted.

Supervisor Dixie Baldrey said that she would research the idea and come back to the Town Board and Zoning Board for their input.   

Rappleyea Road

Beverly Dezan said that Rappleyea Road – which passes in front of her house, was in need of a grader so that the water and ditches can be made to flow away from her property.  She said that the problem started after the temporary road that went to the Bush Road residents was removed, which was put in during the construction of the new bridge on Bush Road.  Further discussion was held.  Supervisor Dixie Baldrey said that she would contact someone at the Greene County Highway Dept. to see what was suppose to be done at the time, and also discuss it with Larry Cross, Supt. of Highways to see what he thought was suppose to be done at the time.    

Echo Valley Motel

Echo Valley Motel said that they need a new septic system and wanted to know if the Town Board Members had any suggestions because they have been turned down by the Watershed Program.  A discussion was held.

Kyle Leach Memorial

RESOLUTION #110-08
Donate Kyle Leach Fund

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

Whereas, Kyle Leach’s mom and grandparents were long time residents of the Town of Lexington,
            This Town Board moves to donate $100.00 to the 10th Annual Kyle Leach Memorial Gold Tournament and Auction Banquet.  

RESOLUTION #111-08
Ulster-Greene ARC Ad in Booklet

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

            This Town Board moves to take out an ad in the booklet for Ulster-Greene ARC for $25.00.

Public Concerns Continued

Ray Albino said that there Snowmobile Club is making progress on the trails

            Residents were complaining about their School Tax Bills they received because there was an increase in the tax amount.   A discussion was held.

The 8th Annual Catskills Local Government Day will be held on October 22, 2008 at Frost Valley YMCA in Claryville, Ulster County.  Registration is required. 

Nancy Kizyma asked about an update on the Main Street Park situation.  Council Member Lynn Byrne said that she was meeting with Michelle Yost the next night, and would discuss it with her.

Nick Palermo asked if the Reval was for real or is there a chance that the town might pull out and not do it.  Supervisor Dixie Baldrey said that it was for real and the town would be going ahead with it. 

Audit the Bills

RESOLUTION #112-08
PAY THE BILLS

            On a motion by Council Member Keith Mellott, seconded by Council Member Lynn Byrne, the following resolution was
ADOPTED - Ayes - 5 - Baldrey, Nelson, Byrne, Van Valkenburgh, Mellott.
                    Absent - 0                  
                    Nay - 0

Resolution # 112-08 – Continued

Resolved, that this Town Board, having audited the following General Fund Vouchers # 218 through # 243, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract # 9, General Fund, on the Supervisor for payment of $ 22,049.32

            Resolved, that this Town Board, having audited the following Highway Fund Vouchers # 94 through # 109, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract #7 Highway Fund, on the Supervisor for payment of $ 21,651.01

Adjourn

            Councilmember Keith Mellott made a motion to adjourn the meeting, seconded by Councilmember, Lynn Byrne.  All agreed.

            Supervisor Dixie Baldrey adjourned the meeting.

                                                                                    Respectfully submitted,

 

                                                                                    Rose Williams, Town Clerk, RMC
                                                                                    Town of Lexington