Town of Lexington,NY - Board Minutes


Board Meeting January 6, 2009 The Organizational Meeting of the Town Board of the Town of Lexington was called to order on January 6, 2009 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 town resident, Walter Cline, Jr. PRESENT: Supervisor ....................................... Dixie Baldrey Council Members......……….….......... Paul Van Valkenburgh Maurice Nelson Keith Mellott Lynn Byrne Town Clerk ........................................Rose Williams . OTHERS PRESENT: John Loftus, Richard Dechene, Ashley Dechene, Samantha Merwin, Emily Kenneally, Henry Lamont (Lamont Engineers, Inc.), Nathan Hendricks, (CWC), Glenn Howard, Ralph Albino, Anne Marie Phelan, Mary Westman, James Boyle, (Code Enforcement Officer) Beatrice Sainato, Mary Cline, Amy Simmons, Jack Jordan, Tom Breidenbach, Scott Griffin, Glenn Leisching, Robert Hermance, Nancy Kizyma, Mike Ryan (Windham Journal Rep.), Zack & Sara Jordan, and Kathy Jordan. RESOLUTION #1-09 ACCEPT THE MINUTES On a motion by Council Member Lynn Byrne, seconded by Council Member Keith Mellott, the following resolution was ADOPTED – Ayes – 5 – Baldrey, Byrne, Nelson, Mellott, Van Valkenburgh. Nays – 0 This Town Board moves to accept the minutes of the regular meeting held on December 2nd, 2008. RESOLUTION #2-09 ACCEPT THE FINANCIAL REPORT On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Keith Mellott, the following resolution was ADOPTED – Ayes – 5 – Baldrey, Byrne, Nelson, Mellott, Van Valkenburgh. Nays – 0 This Town Board moves to accept the Financial Report as presented by Supervisor Dixie Baldrey dated December, 2008. Community Wastewater Management Program Nate Hendricks from the CWC was at the meeting and gave a presentation regarding the Community Wastewater Management Program because the Town of Lexington is eligible for the program. The CWC will fund the planning, design, and construction of community septic system, including the sewer collection systems, and/or the creation of septic maintenance districts that would include septic system replacement, rehabilitation and upgrades as well as operation and maintenance of the district. Henry Lamont from Lamont Engineers is the engineering firm that does the Study Phase for the CWC, and they would determine the existing wastewater needs in the hamlet, determine the service area for the Community Wastewater Management Program, determine the estimated wastewater generation and quality, consider various alternative methods for managing the wastewater needs, recommend a method or methods for managing those wastewater needs, and to estimate the costs involved with the recommended method(s). Mr. Lamont said that the town would have public hearing, which would be a kick off meeting and not a town board meeting. All of the residents that would be involved with the Community Wastewater Management Program would be notified of the meeting. More discussion was held. A discussion was held. RESOLUTION #3-09 TO PARTICIPATE IN THE COMMUNITY WASTEWATER MANAGEMENT PROGRAM II ADMINISTRERED BY THE CATSKILL WATERSHED CORPORATION On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Keith Mellott, the following resolution was ADOPTED – Ayes – 5 – Baldrey, Byrne, Nelson, Mellott, Van Valkenburgh. Nays – 0 WHEREAS, the Hamlet of Lexington in the Town of Lexington is an eligible community to participate in the community Wastewater Management Program ll; and WHEREAS, the Catskill Watershed corporation (CWC) is the administrator of the Community Wastewater Management Program II; and WHEREAS, the Community Wastewater Management Program LL will fund block grants for the design and construction of a community septic system and/or the creation of septic maintenance districts or if they are not practicable due to site conditions and there is a demonstrable water quality problem, due to failing septic systems, the New York City Department of Environmental Protection (NYCDEP), in consultation with the CWC and a participating Town, can elect to construct a new waste treatment plant; and WHEREAS, the Town of Lexington can participate in the study phase of the Community Wastewater Management Program II at no cost; and WHEREAS, the CWC has asked the Town of Lexington whether or not it desires to participate in the Community Wastewater Management Program II administered by the Catskill Watershed Corporation. NOW, THEREFORE BE IT RESOLVED, THAT THE Town Board of the Town of Lexington elects to participate in the Community Wastewater Management Program II administered by the Catskill Watershed Corporation. Public Concerns Supervisor Dixie Baldrey asked the public if they had any concerns. Glenn Howard said that he had a concern regarding the frequency of the power outages that occurs in same Spruceton area every time, and asked the Supervisor if she could contact Central Hudson to cut and trim the trees that are needed in the area. A discussion was held. Supervisor Baldrey said that she had been in contact with the Central Hudson and they have done some pruning already in the area. A suggestion was made that maybe the legislature would be able to help in that request. Concerns were also made regarding the phone system in the Spruceton area – in case people need help when they have an emergency. More discussion was held. Ray Albino asked if the Town was going to revisit the revaluation of property anytime soon. Supervisor Dixie Baldrey said, No the town is not planning to do the reval in 2009, but if the state mandates it in 2010 – the town would have to follow the mandate. RESOLUTION #4-09 TOWN BOARD MONTHLY MEETING NIGHT On a motion by Council Member Lynn Byrne, seconded by Council Member Paul Van Valkenburgh, the following resolution was ADOPTED - Ayes - 5 - Baldrey, Byrne, Nelson, Mellott, Van Valkenburgh Nays - 0 Resolved, that this Town Board designates the first Tuesday of each month at 7:00 PM to be the regular meeting night of the Town Board of the Town of Lexington, and the meetings will be held at the 3542 Route 42, Municipal Building. RESOLUTION #5-09 CALLING SPECIAL MEETINGS On a motion by Council Member Keith Mellott, seconded by Council Member Lynn Byrne, the following resolution was ADOPTED - Ayes - 5 - Baldrey, Byrne, Nelson, Mellott, Van Valkenburgh, Nays - 0 It is resolved, that Special Meetings may be called by the Supervisor, provided that 72 hours advance notice be given to Town Board Members, when practical, and that the Supervisor will call a Town Board meeting at the request of two or more Town Board Members. RESOLUTION #6-09 DESIGNATION OF BANKS On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Maurice Nelson, the following resolution was ADOPTED - Ayes - 5 - Baldrey, Byrne, Nelson, Mellott, Van Valkenburgh, Nays - 0 Resolved, that this Town Board does hereby designate the Key Bank of Windham, Windham, NY and Key Bank of Tannersville, Tannersville, NY and the NBT Bank, NA., of Grand Gorge, NY, as the official depositories for the Town of Lexington funds for the year 2009. It further resolves, that all funds guarantee a third part Collateral Agreement with the following institutions, which are Key Bank, custodian Key Trust, Cleveland, Ohio, and NBT Bank, NA, custodian Bank of New York (BNY) RESOLUTION #7-09 INVESTMENT OF IDLE MONIES On a motion by Council Member Keith Mellott, seconded by Council Member Lynn Byrne, the following resolution was ADOPTED - Ayes - 5 – Baldrey, Byrne, Nelson, Mellott, Van Valkenburgh, Nays - 0 Resolved, that this Town Board hereby authorizes the Town Supervisor to invest idle moneys to MMD’s, CD’s, Treasury Notes, Treasury Bills, and Treasury Bonds at the above banks, with records of account balances to be submitted to the Town Board monthly. RESOLUTION #8-09 DESIGNATION OF OFFICIAL NEWSPAPER On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Keith Mellott, the following resolution was ADOPTED - Ayes - 5 - Baldrey, Byrne, Nelson, Mellott, Van Valkenburgh, Nays - 0 Resolved, that this Town Board does hereby designate the Windham Journal of Windham, NY, as the Official Newspaper for the Town of Lexington advertising for the year 2009. RESOLUTION #9-09 MILEAGE COMPENSATION & DINNERS FOR TOWN OFFICIALS On a motion by Council Member Lynn Byrne, seconded by Council Member Keith Mellott, the following resolution was ADOPTED - Ayes - 5 - Baldrey, Byrne, Nelson, Mellott, Van Valkenburgh, Nays - 0 Resolved, that this Town Board does hereby fix mileage compensation at the current IRS rate per mile for the following: Assessor for property damage, etc.; Code Enforcement Officer, Constable, Dog Warden, Justices, Town Supt. of Highways, Town Clerk/Collector, Town Supervisor, Town Council Members, Planning Board Members, or any appointed or otherwise elected official that goes on official Town business. Be it further resolved, that this Town Board authorizes payment of meals for Town Officials that attend official meetings, not to exceed $ 20.00 maximum for a dinner and a $ 35.00 maximum per day. RESOLUTION #10-09 AUTHORIZE PAYMENT OF DUES TO ASSOCIATIONS AND ETC. On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Keith Mellott, the following resolution was ADOPTED - Ayes - 5 – Baldrey, Byrne, Nelson, Mellott, Van Valkenburgh, Nays - 0 Resolved, that this Town Board authorizes payment of dues to the following Associations: NYS Association of Towns, NYS Planning Federation, Association of Magistrates of NYS, Magistrates Association of Greene County, NYS Tax Receivers and Collectors, Greene County Highway Supt. Association, NYS Supt. of Highways, Assoc., NYS Assessors Association, Greene County Assessors Association, Mountain Top Supervisor’s and Mayor’s Assoc., Columbia-Greene Town Clerk’s Assoc. and the NYS Town Clerk Association. RESOLUTION #11-09 PAYMENT OF BILLS IN ADVANCE OF BOARD MEETING On a motion by Council Member Lynn Byrne, seconded by Council Member Keith Mellott, the following resolution was ADOPTED - Ayes - 5 - Baldrey, Byrne, Nelson, Mellott, Van Valkenburgh, Nays - 0 Resolved, that this Town Board authorizes the Supervisor to pay certain claims of indebtedness in advance of Town Board meetings, i.e., electric bills, postage, fuel oil bill, gasoline bill, telephone bill, PayChex, Inc., and the Key Bank Credit Card. RESOLUTION #12-09 AUTHORIZE SUPERVISOR'S REPORT TO STATE COMPTROLLER On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Keith Mellott, the following resolution was ADOPTED - Ayes - 5 - Baldrey, Byrne, Nelson, Mellott, Van Valkenburgh. Nays - 0 Resolved, that this Town Board authorizes the Supervisor to use the annual Supervisor’s Financial Report to the State Comptroller for the Annual Financial Report to the Town Board to be filed in the Town Clerk’s Office, where it will be available to all interested persons and to publish an abbreviated form of the report for the 2009 year in the Windham Journal. PLANNING BOARD MEMBER APPOINTMENT Supervisor, Dixie Baldrey said that the term of Susan Constable expired on 12/31/2008 as a member of the Town of Lexington Planning Board and the Town Board needs to be reappointed. RESOLUTION #13-09 APPOINT PLANNING BOARD MEMBER On a motion by Council Member Lynn Byrne, seconded by Council Member Keith Mellott, the following resolution was ADOPTED - Ayes - 5 - Baldrey, Byrne, Nelson, Mellott, Van Valkenburgh, Nays - 0 Resolved, that this Town Board shall appoint Susan Constable as a Member of the Town of Lexington Planning Board Member with a term which will begin on 1/1/2009 and expire on 12/31/2015. ZONING BOARD OF APPEALS APPOINTMENT The membership of Richard Drao expired on 12/31/08 as a member of the Zoning Board of Appeals. RESOLUTION #14-09 APPOINTMENT / ZONING BOARD OF APPEALS MEMBER On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Keith Mellott, the following resolution was ADOPTED - Ayes - 5 - Baldrey, Byrne, Nelson, Mellott, Van Valkenburgh, Nays - 0 Resolved that this Town Board shall re-appoint Richard Drao as a member of the Zoning Board of Appeals for the Town of Lexington with a term that will begin on 1/1/2009 and expire on 12/31/2013. RESOLUTION #15-09 APPOINTMENTS On a motion by Council Member Keith Mellott, seconded by Council Member Maurice Nelson, the following resolution was ADOPTED - Ayes - 5 – Baldrey, Byrne, Nelson, Mellott, Van Valkenburgh, Nays - 0 Resolution #15-09 --- Continued Resolved, that this Town Board of the Town of Lexington makes the following appointments: Attorney for the Town .............................................. Tal Rappleyea Disaster Coordinator …………………….……….….. Paul Dwon Code Enforcement Officer / Zoning Officer ............. James Boyle Cemetery Custodian …………………..…...………… George Dart / Roseann West Registrar of Vital Statistics …………............………. Rose Williams Historian ……………………………………....………. Karen Deeter Deputy Historian ……………………………………… Jannel Mellott Deputy Town Clerk ……………….…….……......….. Alida Bloodgood Secondary Deputy Town Clerk ….…...….........…… Christine Dwon Deputy Supervisor ……………................…….…… Paul Van Valkenburgh Bookkeeper ………… ........................................ .... Trudy Daley Dog Control Officer ……………….…....…..…....…. Bruce Feml Records Management Officer ………....…............. Rose Williams Health Officer ......................................................... Dr. Jacqueline Maier Youth Director ........................................................ Nina Berger Inventory Clerk ....................................................... Christine Dwon Be it further resolved, that this Town Board of the Town of Lexington authorizes the Supervisor to make the following committee appointment: Highway Committee: Chairman – Council Member Paul Van Valkenburgh Supt. of Highways, Larry Cross Edwin Dippold, Jr. Keith Mellott Consultant – Glenn Hapeman RESOLUTION #16-09 BUILDING MAINTENANCE On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Keith Mellott, the following resolution was ADOPTED - Ayes - 5 - Baldrey, Byrne, Nelson, Mellott, Van Valkenburgh, Nays - 0 Resolved, that this Town Board authorizes Council Members Maurice Nelson and Lynn Byrne to approve for expending moneys for repairs and maintenance on Town Buildings as they deem necessary. RESOLUTION #17-09 SALARIES OF ELECTED & APPOINTED OFFICIALS On a motion by Council Member Lynn Byrne, seconded by Council Member Keith Mellott, the following resolution was ADOPTED - Ayes - 5 - Baldrey, Byrne, Nelson, Mellott Van Valkenburgh, Nays - 0 This Town Board moves to approve the following salaries of the appointed and elected officials of the Town of Lexington for the year 2009, with the amounts that were stated in the 2009 Budget and the time of payments will be made as specified. Dixie Baldrey -------------------- Supervisor ------------------------ $7,500. Robert Basil ----------------------Town Justice ---------------–---- $4,250. Robert Cross -------------------- Town Justice -------------–----- $4,250. Maurice Nelson ---------------- Council Member --–--------------$2,400. Paul Van Valkenburgh ------- Council Member ---------------- $,2,400. Lynn E. Byrne ------------------ Council Member ----–----------- $ 2,400. Keith Mellott -------------------- Council Member ----–----------- $ 2,400. Larry Cross --------------------- Supt. of Highways -------------- $40,679. Rose Williams ----------- Town Clerk / Tax Collector -----–-- $29,440. Alida Bloodgood----------------Dep. Town Clerk ---Hourly -–– $ 13.00 Christine Dwon –---------Sec. Deputy Town Clerk –Hourly - $ 13.00 Georgette Krauss ------------- Sole Assessor ------------------– $22,496. Rose Williams ------------Registrar of Vital Statistics ----------- $166. Rose Williams --------- Records Management Officer --------- $ 166. James Boyle ------------- Code Enforcement Officer ---–--- $ 12,855. Dart & West ---------------- Cemetery Custodian ------------------ $ 450. Karen Deeter ----------------- Historian ----–------------------------ $ 275. Jannel Mellott ------------- Deputy Historian ---------------------– $ 140. Rose Williams --------- Planning Board Secretary ------------ $ 5,838. John Loftus ---------- BAR Member ----------------------------–– $ 125. James Tilp ----------- BAR Member --------------------------------- $ 125. Mary Cline ------------- BAR Member --–--------------------------- $ 125. Glenn Howard ------------Planning Board Chairman ---------–-- $. 890. Robert Hermance ---- Deputy Planning Board Chairman --–- $ 590. Greg Cross -------- Planning Board Member ---------------------- $409. Susan Constable ------- Planning Board Member ----–--------- $ 409. Ralph Albino ------------ Planning Board Member ------------------ $ 409 Taris Charysyn ---------- Planning Board Member ----------–----- $ 409. Edwin Dippold, Jr. ------ Planning Board Member –-------—-- $ 409 Trudy Daley --------------- Bookkeeper------------------------------- $10,713. Bruce Feml -----------------Dog Control Officer ------------------- $.1,400. Dr. Jacqueline Maier ------Health Officer -------------------------- $ 145. Roseann West --------------Lawn Mowing -------------- $145. each time Alida Bloodgood --------- Domestic Engineer --- Hourly ------ $ 11.40 Peggy Rappleyea ------- Assessor Clerk ----- Hourly ---------- $15.00 Peggy Rappleyea ------- Court Clerk ---- Hourly --------------- $ 15.00 Ann Marie Phelan -------- ZBA Secretary -------Hourly -------- $12.20 Christine Dwon -------- Inventory Clerk ---------------------------- $525. Nina Berger ---------- Youth Director ------------------------------ $1,440. VACANT --- Building Maintenance – Hourly ------------------ $ 15.00 VACANT --- Assistant Youth Director –-------------------------- $ 840. Exemptions Supervisor Dixie Baldrey said that the Town needs to look at the exemptions for the 2009 assessment roll – no exemptions were considered last year and Assessor Georgette Krauss is e recommending that the town is brought up to the same level as Greene County. A discussion was held on bringing the exemption up to what Greene County has for there exemption. RESOLUTION #18-09 AMEND EXEMPTION FOR 2009 ASSESSMENT ROLL On a motion by Council Member Keith Mellott, seconded by Council Member Lynn Byrne, the following resolution was ADOPTED - Ayes - 5 - Baldrey, Byrne, Nelson, Mellott, Van Valkenburgh, Nays - 0 This Town Board moves to amend the Senior Citizen Exemption by increasing the income limit for the full (50%), which is the same as Greene County, and; Amend the exemption for people with Disabilities and Low Income, from $18,500 to $19,500 – with the sliding scale to follow, and; Adopt the “Cold War Veterans” exemption for 2009 Tax Hike Article Supervisor Dixie Baldrey told the Council members that they had information in their folder regarding an article that was published in the Catskill Daily Mail which said that Halcott, Lexington and Athens take the hardest blow. A discussion was held saying that the article was not accurate. Emergency Procedures Supervisor Dixie Baldrey said that she put an emergency procedure together and would like the Board Members to review. She would like comments, add any ideas that one thinks is needed or subtract whatever is not needed --- review and get the emergency procedures in place that should be done. Executive Session RESOLUTION #19-09 Open Executive Session On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Keith Mellott, the following resolution was ADOPTED - Ayes - 5 - Baldrey, Byrne, Nelson, Mellott, Van Valkenburgh, Nays - 0 This Town Board moves to go into Executive Session to discuss the Highway Contract. Time: 9:33 PM RESOLUTION #19-09 Close Executive Session On a motion by Council Member Lynn Byrne, seconded by Council Member Paul Van Valkenburgh, the following resolution was ADOPTED - Ayes - 5 - Baldrey, Byrne, Nelson, Mellott, Van Valkenburgh, Nays - 0 This Town Board moves to close the Executive Session and return to the regular meeting. Time: 9:41 PM Special Meeting The Town Board Members decided to have a Special Meeting to review the Highway Contract which will be held on Friday, January 9, 2009 at 4:00 PM. The Town Clerk will advertise for the meeting by putting a poster in both Post Offices, and at the Municipal Building. PAY THE BILLS RESOLUTION #20-09 AUDIT THE BILLS On a motion by Council Member Lynn Byrne, seconded by Council Member Keith Mellott, the following resolution was ADOPTED - Ayes - 5 - Baldrey, Byrne, Nelson, Mellott, Van Valkenburgh, Nays – 0 Resolved, that this Town Board, having audited the following General Fund Vouchers # 1 through #11, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract #1, General Fund, on the Supervisor for payment of $ 1,302.27 Resolved, that this Town Board, having audited the following Highway Fund Vouchers #1 through #4, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract #1 Highway Fund, on the Supervisor for payment of $ 20,663.86 Resolved, that this Town Board, having audited the following Special Lighting District Voucher #1, hereby, orders it paid and directs the Town Clerk to draw Abstract #1, Special Lighting District Fund, on the Supervisor for payment of $ 172.33 Adjourn With no further business, on a motion from Council Member Keith Mellott, seconded by Councilmember Lynn Byrne, the meeting shall be adjourned. Carried unanimously. Supervisor Dixie Baldrey adjourned the meeting. Respectfully submitted, Rose Williams, Town Clerk

Board Meeting

January 6, 2009

The Organizational Meeting of the Town Board of the Town of Lexington was called to order on January 6, 2009 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 town resident, Walter Cline, Jr.

PRESENT: Supervisor ....................................... Dixie Baldrey
     Council Members......……….….......... Paul Van Valkenburgh
                                                                                                Maurice Nelson
                                                                                                Keith Mellott
                                                                                                Lynn Byrne
      Town Clerk ........................................Rose Williams
.
OTHERS PRESENT: John Loftus, Richard Dechene, Ashley Dechene, Samantha Merwin, Emily Kenneally, Henry Lamont (Lamont Engineers, Inc.), Nathan Hendricks, (CWC), Glenn Howard, Ralph Albino, Anne Marie Phelan, Mary Westman, James Boyle, (Code Enforcement Officer) Beatrice Sainato, Mary Cline, Amy Simmons, Jack Jordan, Tom Breidenbach, Scott Griffin, Glenn Leisching, Robert Hermance, Nancy Kizyma, Mike Ryan (Windham Journal Rep.), Zack & Sara Jordan, and Kathy Jordan.

RESOLUTION #1-09
ACCEPT THE MINUTES

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

This Town Board moves to accept the minutes of the regular meeting held on December 2nd, 2008.

RESOLUTION #2-09
ACCEPT THE FINANCIAL REPORT

On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Keith Mellott, the following resolution was
ADOPTED – Ayes – 5 – Baldrey, Byrne, Nelson, Mellott, Van Valkenburgh.
Nays – 0

This Town Board moves to accept the Financial Report as presented by Supervisor Dixie Baldrey dated December, 2008.

Community Wastewater Management Program

Nate Hendricks from the CWC was at the meeting and gave a presentation regarding the Community Wastewater Management Program because the Town of Lexington is eligible for the program. The CWC will fund the planning, design, and construction of community septic system, including the sewer collection systems, and/or the creation of septic maintenance districts that would include septic system replacement, rehabilitation and upgrades as well as operation and maintenance of the district.

Henry Lamont from Lamont Engineers is the engineering firm that does the Study Phase for the CWC, and they would determine the existing wastewater needs in the hamlet, determine the service area for the Community Wastewater Management Program, determine the estimated wastewater generation and quality, consider various alternative methods for managing the wastewater needs, recommend a method or methods for managing those wastewater needs, and to estimate the costs involved with the recommended method(s).

Mr. Lamont said that the town would have public hearing, which would be a kick off meeting and not a town board meeting. All of the residents that would be involved with the Community Wastewater Management Program would be notified of the meeting.
More discussion was held.

A discussion was held.

RESOLUTION #3-09
TO PARTICIPATE IN THE COMMUNITY WASTEWATER MANAGEMENT PROGRAM II ADMINISTRERED BY THE CATSKILL WATERSHED CORPORATION

WHEREAS, the Hamlet of Lexington in the Town of Lexington is an eligible community to participate in the community Wastewater Management Program ll; and

WHEREAS, the Catskill Watershed corporation (CWC) is the administrator of the Community Wastewater Management Program II; and

WHEREAS, the Community Wastewater Management Program LL will fund block grants for the design and construction of a community septic system and/or the creation of septic maintenance districts or if they are not practicable due to site conditions and there is a demonstrable water quality problem, due to failing septic systems, the New York City Department of Environmental Protection (NYCDEP), in consultation with the CWC and a participating Town, can elect to construct a new waste treatment plant; and

WHEREAS, the Town of Lexington can participate in the study phase of the Community Wastewater Management Program II at no cost; and

WHEREAS, the CWC has asked the Town of Lexington whether or not it desires to participate in the Community Wastewater Management Program II administered by the Catskill Watershed Corporation.

NOW, THEREFORE BE IT RESOLVED, THAT THE Town Board of the Town of Lexington elects to participate in the Community Wastewater Management Program II administered by the Catskill Watershed Corporation.

Public Concerns

Supervisor Dixie Baldrey asked the public if they had any concerns.
Glenn Howard said that he had a concern regarding the frequency of the power outages that occurs in same Spruceton area every time, and asked the Supervisor if she could contact Central Hudson to cut and trim the trees that are needed in the area. A discussion was held. Supervisor Baldrey said that she had been in contact with the Central Hudson and they have done some pruning already in the area. A suggestion was made that maybe the legislature would be able to help in that request.

Concerns were also made regarding the phone system in the Spruceton area – in case people need help when they have an emergency. More discussion was held.

Ray Albino asked if the Town was going to revisit the revaluation of property anytime soon. Supervisor Dixie Baldrey said, No the town is not planning to do the reval in 2009, but if the state mandates it in 2010 – the town would have to follow the mandate.

RESOLUTION #4-09
TOWN BOARD MONTHLY MEETING NIGHT

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

Resolved, that this Town Board designates the first Tuesday of each month at 7:00 PM to be the regular meeting night of the Town Board of the Town of Lexington, and the meetings will be held at the 3542 Route 42, Municipal Building.

RESOLUTION #5-09
CALLING SPECIAL MEETINGS

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

It is resolved, that Special Meetings may be called by the Supervisor, provided that 72 hours advance notice be given to Town Board Members, when practical, and that the Supervisor will call a Town Board meeting at the request of two or more Town Board Members.

RESOLUTION #6-09
DESIGNATION OF BANKS

On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Maurice Nelson, the following resolution was
ADOPTED - Ayes - 5 - Baldrey, Byrne, Nelson, Mellott, Van Valkenburgh,
Nays - 0

Resolved, that this Town Board does hereby designate the Key Bank of Windham, Windham, NY and Key Bank of Tannersville, Tannersville, NY and the NBT Bank, NA., of Grand Gorge, NY, as the official depositories for the Town of Lexington funds for the year 2009.

It further resolves, that all funds guarantee a third part Collateral Agreement with the following institutions, which are Key Bank, custodian Key Trust, Cleveland, Ohio, and NBT Bank, NA, custodian Bank of New York (BNY)

RESOLUTION #7-09
INVESTMENT OF IDLE MONIES

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

Resolved, that this Town Board hereby authorizes the Town Supervisor to invest idle moneys to MMD’s, CD’s, Treasury Notes, Treasury Bills, and Treasury Bonds at the above banks, with records of account balances to be submitted to the Town Board monthly.

RESOLUTION #8-09
DESIGNATION OF OFFICIAL NEWSPAPER

Resolved, that this Town Board does hereby designate the Windham Journal of Windham, NY, as the Official Newspaper for the Town of Lexington advertising for the year 2009.

RESOLUTION #9-09
MILEAGE COMPENSATION & DINNERS FOR TOWN OFFICIALS

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

Resolved, that this Town Board does hereby fix mileage compensation at the current IRS rate per mile for the following: Assessor for property damage, etc.; Code Enforcement Officer, Constable, Dog Warden, Justices, Town Supt. of Highways, Town Clerk/Collector, Town Supervisor, Town Council Members, Planning Board Members, or any appointed or otherwise elected official that goes on official Town business.

Be it further resolved, that this Town Board authorizes payment of meals for Town Officials that attend official meetings, not to exceed $ 20.00 maximum for a dinner and a $ 35.00 maximum per day.

RESOLUTION #10-09
AUTHORIZE PAYMENT OF DUES TO ASSOCIATIONS AND ETC.

On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Keith Mellott, the following resolution was
ADOPTED - Ayes - 5 – Baldrey, Byrne, Nelson, Mellott, Van Valkenburgh,
Nays - 0

Resolved, that this Town Board authorizes payment of dues to the following Associations: NYS Association of Towns, NYS Planning Federation, Association of Magistrates of NYS, Magistrates Association of Greene County, NYS Tax Receivers and Collectors, Greene County Highway Supt. Association, NYS Supt. of Highways, Assoc., NYS Assessors Association, Greene County Assessors Association, Mountain Top Supervisor’s and Mayor’s Assoc., Columbia-Greene Town Clerk’s Assoc. and the NYS Town Clerk Association.

RESOLUTION #11-09
PAYMENT OF BILLS IN ADVANCE OF BOARD MEETING

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

Resolved, that this Town Board authorizes the Supervisor to pay certain claims of indebtedness in advance of Town Board meetings, i.e., electric bills, postage, fuel oil bill, gasoline bill, telephone bill, PayChex, Inc., and the Key Bank Credit Card.

RESOLUTION #12-09
AUTHORIZE SUPERVISOR'S REPORT TO STATE COMPTROLLER

Resolved, that this Town Board authorizes the Supervisor to use the annual Supervisor’s Financial Report to the State Comptroller for the Annual Financial Report to the Town Board to be filed in the Town Clerk’s Office, where it will be available to all interested persons and to publish an abbreviated form of the report for the 2009 year in the Windham Journal.

PLANNING BOARD MEMBER APPOINTMENT

Supervisor, Dixie Baldrey said that the term of Susan Constable expired on 12/31/2008 as a member of the Town of Lexington Planning Board and the Town Board needs to be reappointed.

RESOLUTION #13-09
APPOINT PLANNING BOARD MEMBER

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

Resolved, that this Town Board shall appoint Susan Constable as a Member of the Town of Lexington Planning Board Member with a term which will begin on 1/1/2009 and expire on 12/31/2015.

ZONING BOARD OF APPEALS APPOINTMENT

The membership of Richard Drao expired on 12/31/08 as a member of the Zoning Board of Appeals.

RESOLUTION #14-09
APPOINTMENT / ZONING BOARD OF APPEALS MEMBER

Resolved that this Town Board shall re-appoint Richard Drao as a member of the Zoning Board of Appeals for the Town of Lexington with a term that will begin on 1/1/2009 and expire on 12/31/2013.

RESOLUTION #15-09
APPOINTMENTS

On a motion by Council Member Keith Mellott, seconded by Council Member Maurice Nelson, the following resolution was
ADOPTED - Ayes - 5 – Baldrey, Byrne, Nelson, Mellott, Van Valkenburgh,
Nays - 0

Resolution #15-09 --- Continued
Resolved, that this Town Board of the Town of Lexington makes the following appointments:

Attorney for the Town .............................................. Tal Rappleyea
                Disaster Coordinator …………………….……….….. Paul Dwon
                Code Enforcement Officer / Zoning Officer ............. James Boyle
                Cemetery Custodian …………………..…...………… George Dart / Roseann West
                Registrar of Vital Statistics …………............………. Rose Williams
Historian ……………………………………....………. Karen Deeter
Deputy Historian ……………………………………… Jannel Mellott
                Deputy Town Clerk ……………….…….……......….. Alida Bloodgood
                Secondary Deputy Town Clerk ….…...….........…… Christine Dwon
                Deputy Supervisor ……………................…….…… Paul Van Valkenburgh
                Bookkeeper ………… ........................................ .... Trudy Daley
                Dog Control Officer ……………….…....…..…....…. Bruce Feml
Records Management Officer ………....…............. Rose Williams
                Health Officer ......................................................... Dr. Jacqueline Maier
                Youth Director ........................................................ Nina Berger
                Inventory Clerk ....................................................... Christine Dwon

Be it further resolved, that this Town Board of the Town of Lexington authorizes the Supervisor to make the following committee appointment:

Highway Committee:    Chairman – Council Member Paul Van Valkenburgh
                                            Supt. of Highways, Larry Cross
                                                                                      Edwin Dippold, Jr.
                                                                                   Keith Mellott
                                                             Consultant – Glenn Hapeman

RESOLUTION #16-09
BUILDING MAINTENANCE

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

Resolved, that this Town Board authorizes Council Members Maurice Nelson and Lynn Byrne to approve for expending moneys for repairs and maintenance on Town Buildings as they deem necessary.

RESOLUTION #17-09
SALARIES OF ELECTED & APPOINTED OFFICIALS

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

This Town Board moves to approve the following salaries of the appointed and elected officials of the Town of Lexington for the year 2009, with the amounts that were stated in the 2009 Budget and the time of payments will be made as specified.

Dixie Baldrey -------------------- Supervisor ------------------------ $7,500.
Robert Basil ----------------------Town Justice ---------------–---- $4,250.
Robert Cross -------------------- Town Justice -------------–----- $4,250.
Maurice Nelson ---------------- Council Member --–--------------$2,400.
Paul Van Valkenburgh ------- Council Member ---------------- $,2,400.
Lynn E. Byrne ------------------ Council Member ----–----------- $ 2,400.
Keith Mellott -------------------- Council Member ----–----------- $ 2,400.
Larry Cross --------------------- Supt. of Highways -------------- $40,679.
Rose Williams ----------- Town Clerk / Tax Collector -----–-- $29,440.
Alida Bloodgood----------------Dep. Town Clerk ---Hourly -–– $ 13.00
                       Christine Dwon –---------Sec. Deputy Town Clerk –Hourly - $ 13.00
                       Georgette Krauss ------------- Sole Assessor ------------------– $22,496.
                       Rose Williams ------------Registrar of Vital Statistics ----------- $166.
                       Rose Williams --------- Records Management Officer --------- $ 166.
                       James Boyle ------------- Code Enforcement Officer ---–--- $ 12,855.
                        Dart & West ---------------- Cemetery Custodian ------------------ $ 450.
                        Karen Deeter ----------------- Historian ----–------------------------ $ 275.
                       Jannel Mellott ------------- Deputy Historian ---------------------– $ 140.

Rose Williams --------- Planning Board Secretary ------------ $ 5,838.
John Loftus ---------- BAR Member ----------------------------–– $ 125.
James Tilp ----------- BAR Member --------------------------------- $ 125.
Mary Cline ------------- BAR Member --–--------------------------- $ 125.
Glenn Howard ------------Planning Board Chairman ---------–-- $. 890.
Robert Hermance ---- Deputy Planning Board Chairman --–- $ 590.
Greg Cross -------- Planning Board Member ---------------------- $409.
Susan Constable ------- Planning Board Member ----–--------- $ 409.
Ralph Albino ------------ Planning Board Member ------------------ $ 409
Taris Charysyn ---------- Planning Board Member ----------–----- $ 409.
Edwin Dippold, Jr. ------ Planning Board Member –-------—-- $ 409
Trudy Daley --------------- Bookkeeper------------------------------- $10,713.
Bruce Feml -----------------Dog Control Officer ------------------- $.1,400.
Dr. Jacqueline Maier ------Health Officer -------------------------- $ 145.
Roseann West --------------Lawn Mowing -------------- $145. each time
Alida Bloodgood --------- Domestic Engineer --- Hourly ------ $ 11.40
Peggy Rappleyea ------- Assessor Clerk ----- Hourly ---------- $15.00
Peggy Rappleyea ------- Court Clerk ---- Hourly --------------- $ 15.00
Ann Marie Phelan -------- ZBA Secretary -------Hourly -------- $12.20
Christine Dwon -------- Inventory Clerk ---------------------------- $525.
Nina Berger ---------- Youth Director ------------------------------ $1,440.
VACANT --- Building Maintenance – Hourly ------------------ $ 15.00
VACANT --- Assistant Youth Director –-------------------------- $ 840.

Exemptions

Supervisor Dixie Baldrey said that the Town needs to look at the exemptions for the 2009 assessment roll – no exemptions were considered last year and Assessor Georgette Krauss is e recommending that the town is brought up to the same level as Greene County. A discussion was held on bringing the exemption up to what Greene County has for there exemption.

RESOLUTION #18-09
AMEND EXEMPTION FOR 2009 ASSESSMENT ROLL

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

            This Town Board moves to amend the Senior Citizen Exemption by increasing the income limit for the full (50%), which is the same as Greene County, and;
             Amend the exemption for people with Disabilities and Low Income, from $18,500 to $19,500 – with the sliding scale to follow, and;
            Adopt the “Cold War Veterans” exemption for 2009

Tax Hike Article

Supervisor Dixie Baldrey told the Council members that they had information in their folder regarding an article that was published in the Catskill Daily Mail which said that Halcott, Lexington and Athens take the hardest blow. A discussion was held saying that the article was not accurate.

Emergency Procedures

Supervisor Dixie Baldrey said that she put an emergency procedure together and would like the Board Members to review. She would like comments, add any ideas that one thinks is needed or subtract whatever is not needed --- review and get the emergency procedures in place that should be done.

Executive Session

RESOLUTION #19-09
Open Executive Session

This Town Board moves to go into Executive Session to discuss the Highway Contract. Time: 9:33 PM

RESOLUTION #19-09
Close Executive Session

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

This Town Board moves to close the Executive Session and return to the regular meeting. Time: 9:41 PM

Special Meeting

The Town Board Members decided to have a Special Meeting to review the Highway Contract which will be held on Friday, January 9, 2009 at 4:00 PM. The Town Clerk will advertise for the meeting by putting a poster in both Post Offices, and at the Municipal Building.

PAY THE BILLS

RESOLUTION #20-09
AUDIT THE BILLS

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

Resolved, that this Town Board, having audited the following General Fund Vouchers
# 1 through #11, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract #1, General Fund, on the Supervisor for payment of $ 1,302.27

Resolved, that this Town Board, having audited the following Highway Fund Vouchers #1 through #4, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract #1 Highway Fund, on the Supervisor for payment of $ 20,663.86

Resolved, that this Town Board, having audited the following Special Lighting District Voucher #1, hereby, orders it paid and directs the Town Clerk to draw Abstract #1, Special Lighting District Fund, on the Supervisor for payment of $ 172.33

Adjourn

With no further business, on a motion from Council Member Keith Mellott, seconded by Councilmember Lynn Byrne, the meeting shall be adjourned. Carried unanimously.

Supervisor Dixie Baldrey adjourned the meeting.

Respectfully submitted,

Rose Williams, Town Clerk