Town of Lexington,NY - Board Minutes


Board Meeting December 2, 2008 The Regular Meeting of the Town Board of the Town of Lexington was called to order on December 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 Estelle Sheiner. PRESENT: Supervisor ........................................ Dixie Baldrey Council Members Keith Mellott Maurice Nelson Paul Van Valkenburgh Lynn Byrne Town Clerk ……..…........................... Rose Williams OTHERS PRESENT: John Loftus, Mike Ryan (Windham Journal Rep.), Glenn Howard, Ralph (Ray) Albino, Sal Mancuso, Jodi Durkin, Larry & Karen Gardner, Dan Fancher, and Donald Falke. Minutes RESOLUTION # 132-08 Accept the Minutes / Preliminary Budget Hearing On a motion by Council Member Lynn Byrne, seconded by Council Member Keith Mellott, the following resolution was ADOPTED - Ayes 5 - Baldrey, Van Valkenburgh, Byrne, Nelson, and Mellott Absent – 0 Nays – 0 This Town Board resolves to accept the minutes of the Preliminary Budget Hearing on November 5, 2008. RESOLUTION # 133-08 Accept the Minutes / Regular Meeting On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Maurice Nelson, the following resolution was ADOPTED - Ayes 5 - Baldrey, Van Valkenburgh, Byrne, Nelson, and Mellott Absent – 0 Nays – 0 This Town Board resolves to accept the minutes of the Regular Meeting held on November 5, 2008. RESOLUTION # 134-08 Accept the Minutes / Special Meeting On a motion by Council Member Lynn Byrne, seconded by Council Member Paul Van Valkenburgh, the following resolution was ADOPTED - Ayes 5 - Baldrey, Van Valkenburgh, Byrne, Nelson, and Mellott Absent – 0 Nays – 0 This Town Board resolves to accept the minutes of the Special Meeting held on November 14, 2008. RESOLUTION # 135-08 Accept The Financial Report On a motion by Council Member Keith Mellott, seconded by Council Member Paul Van Valkenburgh, the following resolution was ADOPTED Ayes - 5 - Baldrey, Van Valkenburgh, Byrne, Nelson, and Mellott. Absent – 0 Nays – 0 This Town Board moves to accept the Financial Report of October 31, 2008, as presented by Supervisor Dixie Baldrey. Deer Pen Estate Road Dan Fancher, from RETEW Engineering said that he had a sample that he would like to show the Town Board that they would like to use for monuments on the road in Deer Pen Estates. The monument markers would be driven into the ground to mark the road way. Sal Mancuso and Dan Fancher wanted approval from the town regarding the use of the steel pin marker on the Deer Pen Estates Road. RESOLUTION #136-08 Approve Monument Markers / Deer Pen Estates Roadway On a motion by Council Member Lynn Byrne, seconded by Council Member Keith Mellott, the following resolution was ADOPTED Ayes - 5 - Baldrey, Van Valkenburgh, Byrne, Nelson, and Mellott. Absent – 0 Nays – 0 This Town of Lexington Town Board approves of the use of the Steel Pin Markers “Truck Axel” as the monument markers for the roadways in Deer Pen Estates. Jodi Durkin / Think Big Jodi Durkin was promoting a program “Think Big”, which is an initiative by Greene County Legislator to make this holiday season a great one for the businesses. It is a promotion to get the residents to shop at the many new and longstanding businesses in Greene County. The web site is WWW.BuyGreene.Com. Larry Gardner, Legislature for Greene Co., spoke on behalf of the program, saying that they were trying to help out the business in Greene Co. and it would also help out with the sales tax revenue if there is something that you can buy in Greene County. RESOLUTION #137-08 General Fund Transfer On a motion by Council Member Keith Mellott, seconded by Council Member Paul Van Valkenburgh, the following resolution was ADOPTED Ayes - 5 - Baldrey, Van Valkenburgh, Byrne, Nelson, and Mellott. Absent – 0 Nays – 0 This Town of Lexington Town Board moves to make a transfer in the General Fund: From: Justice, Contractual == A1110.2 -- $300.00 Contingency, == A1990.4 -- $400.00 To: Justice, Clerk == A1110.11 -------- $700.00 RESOLUTION #138-08 Highway Fund Transfer On a motion by Council Member Keith Mellott, seconded by Council Member Lynn Byrne, the following resolution was ADOPTED Ayes - 5 - Baldrey, Van Valkenburgh, Byrne, Nelson, and Mellott. Absent – 0 Nays – 0 This Town of Lexington Town Board moves to make a transfer in the Highway Fund: From: Truck Repair == DA9950.9 ------------------ $6,430.00 To: Machinery, Equipment == DA5130.2 ----- $6,430.00 Mega Electric Service The New York State Association of Counties (NYSAC) was pleased to announce a new partnership with Municipal Electric & Gas Alliance (MEGA) – a ten year old consortium of counties created to help municipalities save on ever increasing energy costs. Supervisor Dixie Baldrey completed an application and sent it in for information, and has not received any thing back yet. More discussion was held and a leaflet was given out to the Town Board Council Members. Greene County Soil & Water Conservation District (GCSWCD) Resolution RESOLUTION #139-08 GCSWCD RESOLUTION On a motion by Council Member Lynn Byrne, seconded by Council Member Paul Van Valkenburgh, the following resolution was ADOPTED Ayes - 4 - Baldrey, Van Valkenburgh, Byrne, and Nelson. Absent – 0 Abstained – 1- Mellott Whereas, The Greene County Soil & Water Conservation District (GCSWCD) and the Town of Lexington (Town) recognize that the Schoharie Creek is a key element of the identity of the Town, and provides many environmental and economic benefits to the residents and businesses of Lexington, and Resolution #139-08 ---- Continued. Whereas, The GCSWCD and the Town have worked cooperatively on stream management issues relevant to both public and private interests for many years, and private interests for many years, and Whereas, The GCSWCD, in partnership with the NYCDEP Stream Management Program have worked cooperatively since 2004 to develop a comprehensive Stream Management Plan (SMP) for the Schoharie Creek, and Whereas, The GCSWCD and NYCDEP have worked closely with a local Project Advisory Committee, the Town and other watershed stakeholders to develop the Schoharie Creek SMP which takes a science based, long-term management approach to the stream, and Whereas, The Schoharie Creek SMP provides guidance on protecting the safety and welfare of the citizens of Lexington and the public investment in Town infrastructure. Whereas, The GCSWCD and the Town desire to work cooperatively to implement the Schoharie Creek SMP for the common benefit of both parties, protection of the natural resources and the interest of the broader watershed stakeholders, now Therefore be it resolved that: The Town of Lexington recognizes, and adopts the Schoharie Creek Stream Management Plan as a guidance document that can assist the Town and its landowners with addressing long term management of the Schoharie Creek in a manner that is consistent with the protection of public and private property, the protection of natural resources. And in a way that will provide the Town, its landowners and visitor with multiple benefits. Resolution #140-08 Opposing Adoption by NYSDEC of Regulations or Policies Limiting or Regulating Natural Gas Mining in the Town of Lexington On a motion by Council Member Keith Mellott, seconded by Council Member Lynn Byrne, the following resolution was ADOPTED Ayes - 5 - Baldrey, Van Valkenburgh, Byrne, Mellott, and Nelson. Absent – 0 WHEREAS, the New York City Department of Environmental Protection Commissioner, Emily Lloyd, has submitted a letter to the New York State Department of Environmental Conservation Commissioner, Peter Grannis, requesting that the New York State Department of Environmental Conservation (“DEC”) adopt rules or regulations that would regulate Natural gas mining within the New York City Watershed more stringently including banning natural gas mines within a one mile radius of any reservoir or reservoir stem; and WHEREAS, DEC has announced that it is preparing a Supplemental Generic Environmental Impact Statement to evaluate the environmental impacts associated with natural gas mining using horizontal drilling in the Marcellus Shale; and WHEREAS, there is no scientific basis to regulate natural gas mining within the New York City Watershed Counties in a manner different or more stringent then elsewhere in New York State. NOW, THEREFORE BE IT RESOLVED, The Town of Lexington respectfully requests that DEC not adopt any special regulations or policies which limit or regulate natural gas mining in the New York City Watershed Counties in a manner different from the restrictions that apply state-wide. Proposed Amendments to NYC DEP Regulations Supervisor Dixie Baldrey said that the NYC DEP is commencing the process of amending certain section of its Rules and Regulations for the Protection from Contamination, Degradation and Pollution of the New York City Water Supply and its Sources (“Watershed Regulation”) A discussion was held and Attorney Larry Gardner said that he would fax over a copy of the “Fact Sheet” which he has that would tell where the 6 Public Hearings will be held regarding the changes for the Memorandum of Agreement. It also sets forth the addresses of where to send written comments. More discussion was held. Resolution #141-08 Opposing Changes in the Watershed Regulation On a motion by Council Member Lynn Byrne, seconded by Council Member Keith Mellott, the following resolution was ADOPTED Ayes - 5 - Baldrey, Van Valkenburgh, Byrne, Mellott, and Nelson. Absent – 0 This Town of Lexington Town Board opposes any changes that are proposed Amendments to the Watershed Regulations, and send written comments for the opposition to Melissa Siegel at NYC DEP by December 31, 2008 Rescue Squad Information Supervisor Dixie Baldrey spoke with Mr. Joe Farrell on the phone and he made suggestions on what the town should do and advised on the different steps that needed to be done by the town. Supervisor Baldrey said that the first step would be to pull the Rescue Squad out of the Fire Department if it is under the fire department. Next, Supervisor Baldrey spoke to Rich Tompkins and he disagreed because he said that you would be left with nothing. So therefore, he said to go on with the other steps that needed to be done. Some of the items that need to be done is a resolution from the municipal legislative body empowering the municipality to establish and operate an EMS service. The resolution should include, but not limited to the following: · A statement of need; · A statement establishing the type of service (ie. ALS-FR or Ambulance); · A statement declaring the area to be served; and · The date the resolution is to take effect. More discussion was held and Councilmember Lynn Byrne felt that a date should be set to work towards to see that this gets done in a timely manner. Supervisor Baldrey will contact the Ashland Supervisor, Richard Tompkins to see how long it took them to get the emergence care up and running. Chairman of the Commissioners, Glenn Howard, said that the commissioners had a couple of concerns ---- the number of people that are in town during the week and the town might not have a driver for the ambulance ---- could the highway personnel be allowed to drive the ambulance ---- were there any funds put aside in the 2009 budget to fund the operation. A discussion was held. Supervisor Dixie Baldrey said that they eventually need to have a meeting with the Rescue Squad for scheduling and other ideas that need to be worked out together, but felt that things should be started now if the Town Board could start on other things. Fire Commissioner Glenn Howard suggested that the agreements that are already in place --- maybe they could be rolled over to this new service. Agreement with Shandaken and Greene County. Councilmember Lynn Byrne asked for a copy of the contracts / paperwork that are in place now. Supervisor Dixie Baldrey will do the letter from the municipality requesting Public Health Law Operating Authority as a certified ALS-FR or ambulance service. Statement of Need – Councilmember Lynn Byrne (Needs a date to complete the Resolution) Statement establishing the type of service – Councilman Paul Van Valkenburgh Statement of area declaring to be served / map – Councilman Maurice Nelson Application that needs to be completed for EMS Operating Certificate –Councilmember Lynn Byrne Councilmember Lynn Byrne would like the information to her by the middle of next week to coordinate the information and put it together. Year-End Meeting set for December 30, 2008 at 4:00 PM Heating Problems / Chain of Command Supervisor Dixie Baldrey said that she had problem with the heat over the Thanksgiving weekend and would like to know whom she should contact when she has problems with the heat. A discussion was held. Supervisor Baldrey will call the supplier of the heating oil, Kosco, to see if they will do service calls for the town. Supervisor Baldrey will contact service people to see if she can get someone to do the service contract for the heating system. Emergency Calls Supervisor Baldrey said that every town should make a list of the elderly or any person that might be in need in case of an emergency. The town needs to know who they are in case an emergency happens, so they can be contacted. Supervisor Dixie Baldrey said she needs to know their names, street addresses, with permission from the person to give that information out. A discussion was held. Blade for the Plows Supt. of Highways, Larry Cross, explained that he needed blades for the truck, and the new blades will help with the passage through the bays at the garage, which would make OSHA happy because they said there is not room to move around the trucks. The estimates that were presented were: Arrowhead Equipment, Inc. -------- Cash & Cary Price: $9,245.00 Without Carbide, Cover Blade –-- Cash & Carry Price: $8,401.85 Zwack 11” Everest Rev. Plow ------ Vortex – List -- $9,300.00 Town Price --- $ 7,300.00 A discussion was held. RESOLUTION #142-08 PURCHASE PLOW BLADES On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Keith Mellott, the following resolution was ADOPTED Ayes - 5 - Baldrey, Van Valkenburgh, Byrne, Mellott, and Nelson. Absent – 0 This Town Board moves to purchase the 2 Zwack Blades at a cost of $7,300. each for a total of $14,600 for the plows.. Rose’s Sick Day Verification Supervisor Dixie Baldrey said that she needs to verify the sick days for Rose and Larry, so that when they decide to retire, the town will have a record of the accumulated sick days that they have accumulated to date up to 165 days, which is allowed. It has been calculated that Rose Williams has accumulated 106 sick days to date --- from 1992 through 2008. Therefore, Supervisor Dixie Baldrey said that she would like the Town Board to stipulate that Rose Williams has accumulated 106 days trough 2008. Supt. of Highways Larry Cross will be verified in the near future. RESOLUTION #143-08 SICK DAY VERIFICATION On a motion by Council Member Keith Mellott, seconded by Council Member Paul Van Valkenburgh, the following resolution was ADOPTED Ayes - 5 - Baldrey, Van Valkenburgh, Byrne, Mellott, and Nelson. Absent – 0 The Town of Lexington Town Board verifies that Town Clerk, Rose Williams has accumulated 106 sick days from January, 1992 through December, 2008, Maintenance Man A discussion was held on putting the Legal Notice in the local newspaper for a maintenance man. A description of the job will be furnished and then advertised. Roof Bids Roof Estimates were submitted with different items on each, which are on file in the Town Clerk’s Office for any information or examination. (Any plywood / underlayment was not in contracts) Catskill Mountain Construction – Shingled Section – $17,900.55 Catskill Mountain Construction – Fiber Roof Coating -- $ 5,625. Spruceton Valley Solutions – Shingles Section -- $15,000. With ground cleanup – $16,500. John Berger, Building Contractor – Shingle & Clean Up & Roof Coating -- $18,400. Edwin (Skip) Dippold, Jr. – Remove shingles & Shingle -- $18,000 Go over old roof with 1x3 & install metal roofing – 16,500. Re-seal or roof coat / back building – 2,560. A discussion was held and the bids needed more review to decide, which one was the better price for what they were quoting, and it was stressed that it needs to be done before winter sets in because the roof is leaking. The estimates will be reviewed at the end of the meeting for a better understanding of the best price. Computer Network Setup Estimates for the installation for the Computer Network were received as follows: Hi-Tech Advisers, PO Box 129, Ravena, NY ---------- $2,880. My Computer MD’s, P.O> Box 45, West Kill, NY ----- $1,925. RESOLUTION #144-08 COMPUTER NETWORK SETUP On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Lynn Byrne, the following resolution was ADOPTED Ayes - 5 - Baldrey, Van Valkenburgh, Byrne, Mellott, and Nelson. Absent – 0 This Town of Lexington Town Board approves the estimate of “My Computer MD’s at a cost of $1,925. for setting up the computer network system for the offices in the Municipal Building. Tree Lights The Greene County Highway Dept. came by with their bucket truck to put the lights on the evergreen tree on the front lawn of the Municipal Building. Councilman Keith Mellott reported that after they got six strands of lights on the tree --- around 8 or 10 feet high and another string was attached --- it blew a fuse. Councilman Mellott also reported that the tree has the blight, which is a disease that is killing the tree. Supervisor Baldrey said that the bushes could still be decorated and Council Member Mellott suggested that lights could be put around the sign. Doug – Lamont Engineers / Town Hall – Brick & Mortar Repair Supervisor Dixie Baldrey said that Doug Van Duesen from Lamont Engineers has confirmed that brick & mortar repair was in acceptable order and that it was o.k. to make the final payment / retainage fee in the amount of $8,050. to Ganem Contracting Corp to complete the project closeout documents. RESOLUTION #145-08 FINAL PAYMENT / GANEM CONTRACTING CORP. On a motion by Council Member Maurice Nelson, seconded by Council Member Keith Mellott, the following resolution was ADOPTED Ayes - 5 - Baldrey, Van Valkenburgh, Byrne, Mellott, and Nelson. Absent – 0 Whereas, the Town Hall Brick & Mortar Repairs has been completed to the satisfaction of the Town of Lexington and Doug Van Duesen from Lamont Engineers; Therefore, It shall be resolved that the Town of Lexington shall pay the retainage fee of $8,050. to closeout the project, which has been completed. Public Concerns Ralph (Ray) Albino reported that they are now working on the site of the cell tower, and believes that the J & S Co. is really set on the site out back of the Municipal Building, and they explained their reasons why. Ray went on to say that he and Glenn Howard would explore other possibilities for the location of the cell tower. A discussion was held. Audit the Bills RESOLUTION #146-08 PAY THE BILLS On a motion by Council Member Lynn Byrne, seconded by Council Member Maurice Nelson, the following resolution was ADOPTED - Ayes - 5 - Baldrey, Nelson, Byrne, Van Valkenburgh, Mellott. Absent - 0 Nay – 0 Resolved, that this Town Board, having audited the following General Fund Vouchers # 309 through # 332, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract # 12, General Fund, on the Supervisor for payment of $ 8,469.92 Resolved, that this Town Board, having audited the following Highway Fund Vouchers # 144 through # 158, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract #11 Highway Fund, on the Supervisor for payment of $ 14,303.86 Resolution # 146-08 ----- Continued Resolved, that this Town Board, having audited the following Special Lighting District Voucher # 11, hereby orders it paid and directs the Town Clerk to draw Abstract # 12, Special Lighting District Fund, on the Supervisor for payment of $ 201.51. RESOLUTION #147-08 CONTRIBUTE FUNDS On a motion by Supervisor Dixie Baldrey, seconded by Council Member Lynn Byrne, the following resolution was ADOPTED Ayes - 5 - Baldrey, Van Valkenburgh, Byrne, Mellott, and Nelson. Absent – 0 The Town of Lexington Town Board moves to contribute $100.00 to the Family Christmas Fund for the Mountain Top. Roof Repair Supervisor Dixie Baldrey discussed the roof estimates with the Highway Superintendent Larry Cross and the Council Members to get a clearer idea of what they were. After the review and discussion ---- it was decided to award the bid. RESOLUTION #148-08 HIGHWAY GARAGE ROOF REPAIR BID On a motion by Council Member Maurice Nelson, seconded by Council Member Keith Mellott, the following resolution was ADOPTED Ayes - 5 - Baldrey, Van Valkenburgh, Byrne, Mellott, and Nelson. Absent – 0 The Town of Lexington Town Board moves to accept the estimate for the roof repair to the Highway Garage from John Berger, Building Contractor, at a cost of 18,400., and estimate is on file in the Town Clerk’s office. Adjourn Councilmember Lynn Byrne made a motion to adjourn the meeting, seconded by Councilmember Maurice Nelson. All agreed. Supervisor Dixie Baldrey adjourned the meeting. Respectfully submitted, Rose Williams, Town Clerk, RMC Town of Lexington

Board Meeting

December 2, 2008

The Regular Meeting of the Town Board of the Town of Lexington was called to order on December 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 Estelle Sheiner.

PRESENT:

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

OTHERS PRESENT: John Loftus, Mike Ryan (Windham Journal Rep.), Glenn Howard, Ralph (Ray) Albino, Sal Mancuso, Jodi Durkin, Larry & Karen Gardner, Dan Fancher, and Donald Falke.

Minutes

RESOLUTION # 132-08

Accept the Minutes / Preliminary Budget Hearing

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

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

Absent – 0

Nays – 0

This Town Board resolves to accept the minutes of the Preliminary Budget Hearing on November 5, 2008.

RESOLUTION # 133-08

Accept the Minutes / Regular Meeting

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

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

Absent – 0

Nays – 0

This Town Board resolves to accept the minutes of the Regular Meeting held on November 5, 2008.

RESOLUTION # 134-08

Accept the Minutes / Special Meeting

On a motion by Council Member Lynn Byrne, seconded by Council Member Paul Van Valkenburgh, the following resolution was

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

Absent – 0

Nays – 0

This Town Board resolves to accept the minutes of the Special Meeting held on November 14, 2008.

RESOLUTION # 135-08

Accept The Financial Report

On a motion by Council Member Keith Mellott, seconded by Council Member Paul Van Valkenburgh, the following resolution was ADOPTED

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

Absent – 0

Nays – 0

This Town Board moves to accept the Financial Report of October 31, 2008, as presented by Supervisor Dixie Baldrey.

Deer Pen Estate Road

Dan Fancher, from RETEW Engineering said that he had a sample that he would like to show the Town Board that they would like to use for monuments on the road in Deer Pen Estates. The monument markers would be driven into the ground to mark the road way. Sal Mancuso and Dan Fancher wanted approval from the town regarding the use of the steel pin marker on the Deer Pen Estates Road.

RESOLUTION #136-08

Approve Monument Markers / Deer Pen Estates Roadway

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

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

Absent – 0

Nays – 0

This Town of Lexington Town Board approves of the use of the Steel Pin Markers “Truck Axel” as the monument markers for the roadways in Deer Pen Estates.

Jodi Durkin / Think Big

Jodi Durkin was promoting a program “Think Big”, which is an initiative by Greene County Legislator to make this holiday season a great one for the businesses. It is a promotion to get the residents to shop at the many new and longstanding businesses in Greene County. The web site is WWW.BuyGreene.Com.

Larry Gardner, Legislature for Greene Co., spoke on behalf of the program, saying that they were trying to help out the business in Greene Co. and it would also help out with the sales tax revenue if there is something that you can buy in Greene County.

RESOLUTION #137-08

General Fund Transfer

On a motion by Council Member Keith Mellott, seconded by Council Member Paul Van Valkenburgh, the following resolution was ADOPTED

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

Absent – 0

Nays – 0

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

From: Justice, Contractual == A1110.2 -- $300.00

Contingency, == A1990.4 -- $400.00

To: Justice, Clerk == A1110.11 -------- $700.00

RESOLUTION #138-08

Highway Fund Transfer

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

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

Absent – 0

Nays – 0

This Town of Lexington Town Board moves to make a transfer in the Highway Fund:

From: Truck Repair == DA9950.9 ------------------ $6,430.00

To: Machinery, Equipment == DA5130.2 ----- $6,430.00

Mega Electric Service

The New York State Association of Counties (NYSAC) was pleased to announce a new partnership with Municipal Electric & Gas Alliance (MEGA) – a ten year old consortium of counties created to help municipalities save on ever increasing energy costs. Supervisor Dixie Baldrey completed an application and sent it in for information, and has not received any thing back yet. More discussion was held and a leaflet was given out to the Town Board Council Members.

Greene County Soil & Water Conservation District (GCSWCD) Resolution

RESOLUTION #139-08

GCSWCD RESOLUTION

On a motion by Council Member Lynn Byrne, seconded by Council Member Paul Van Valkenburgh, the following resolution was ADOPTED

Ayes - 4 - Baldrey, Van Valkenburgh, Byrne, and Nelson.

Absent – 0

Abstained – 1- Mellott

Whereas, The Greene County Soil & Water Conservation District (GCSWCD) and the Town of

Lexington (Town) recognize that the Schoharie Creek is a key element of the identity of the Town, and provides many environmental and economic benefits to the residents and businesses of Lexington, and

Resolution #139-08 ---- Continued.

Whereas, The GCSWCD and the Town have worked cooperatively on stream management issues

relevant to both public and private interests for many years, and private interests for many

years, and

Whereas, The GCSWCD, in partnership with the NYCDEP Stream Management Program have

worked cooperatively since 2004 to develop a comprehensive Stream Management Plan

(SMP) for the Schoharie Creek, and

Whereas, The GCSWCD and NYCDEP have worked closely with a local Project Advisory

Committee, the Town and other watershed stakeholders to develop the Schoharie Creek

SMP which takes a science based, long-term management approach to the stream, and

Whereas, The Schoharie Creek SMP provides guidance on protecting the safety and welfare of the

citizens of Lexington and the public investment in Town infrastructure.

Whereas, The GCSWCD and the Town desire to work cooperatively to implement the Schoharie

Creek SMP for the common benefit of both parties, protection of the natural resources

and the interest of the broader watershed stakeholders, now

Therefore be it resolved that:

The Town of Lexington recognizes, and adopts the Schoharie Creek Stream Management Plan as a guidance document that can assist the Town and its landowners with addressing long term management of the Schoharie Creek in a manner that is consistent with the protection of public and private property, the protection of natural resources. And in a way that will provide the Town, its landowners and visitor with multiple benefits.

Resolution #140-08

Opposing Adoption by NYSDEC of Regulations or Policies

Limiting or Regulating Natural Gas Mining in the Town of Lexington

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

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

Absent – 0

WHEREAS, the New York City Department of Environmental Protection Commissioner, Emily Lloyd, has submitted a letter to the New York State Department of Environmental Conservation Commissioner, Peter Grannis, requesting that the New York State Department of Environmental Conservation (“DEC”) adopt rules or regulations that would regulate Natural gas mining within the New York City Watershed more stringently including banning natural gas mines within a one mile radius of any reservoir or reservoir stem; and

WHEREAS, DEC has announced that it is preparing a Supplemental Generic Environmental Impact Statement to evaluate the environmental impacts associated with natural gas mining using horizontal drilling in the Marcellus Shale; and

WHEREAS, there is no scientific basis to regulate natural gas mining within the New York City Watershed Counties in a manner different or more stringent then elsewhere in New York State.

NOW, THEREFORE BE IT RESOLVED,

The Town of Lexington respectfully requests that DEC not adopt any special regulations or policies which limit or regulate natural gas mining in the New York City Watershed Counties in a manner different from the restrictions that apply state-wide.

Proposed Amendments to NYC DEP Regulations

Supervisor Dixie Baldrey said that the NYC DEP is commencing the process of amending certain section of its Rules and Regulations for the Protection from Contamination, Degradation and Pollution of the New York City Water Supply and its Sources (“Watershed Regulation”)

A discussion was held and Attorney Larry Gardner said that he would fax over a copy of the “Fact Sheet” which he has that would tell where the 6 Public Hearings will be held regarding the changes for the Memorandum of Agreement. It also sets forth the addresses of where to send written comments. More discussion was held.

Resolution #141-08

Opposing Changes in the Watershed Regulation

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

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

Absent – 0

This Town of Lexington Town Board opposes any changes that are proposed Amendments to the Watershed Regulations, and send written comments for the opposition to Melissa Siegel at NYC DEP by December 31, 2008

Rescue Squad Information

Supervisor Dixie Baldrey spoke with Mr. Joe Farrell on the phone and he made suggestions on what the town should do and advised on the different steps that needed to be done by the town.

Supervisor Baldrey said that the first step would be to pull the Rescue Squad out of the Fire Department if it is under the fire department. Next, Supervisor Baldrey spoke to Rich Tompkins and he disagreed because he said that you would be left with nothing. So therefore, he said to go on with the other steps that needed to be done. Some of the items that need to be done is a resolution from the municipal legislative body empowering the municipality to establish and operate an EMS service. The resolution should include, but not limited to the following:

· A statement of need;
· A statement establishing the type of service (ie. ALS-FR or Ambulance);
· A statement declaring the area to be served; and
· The date the resolution is to take effect.

More discussion was held and Councilmember Lynn Byrne felt that a date should be set to work towards to see that this gets done in a timely manner. Supervisor Baldrey will contact the Ashland Supervisor, Richard Tompkins to see how long it took them to get the emergence care up and running.

Chairman of the Commissioners, Glenn Howard, said that the commissioners had a couple of concerns ---- the number of people that are in town during the week and the town might not have a driver for the ambulance ---- could the highway personnel be allowed to drive the ambulance ---- were there any funds put aside in the 2009 budget to fund the operation. A discussion was held.

Supervisor Dixie Baldrey said that they eventually need to have a meeting with the Rescue Squad for scheduling and other ideas that need to be worked out together, but felt that things should be started now if the Town Board could start on other things.

Fire Commissioner Glenn Howard suggested that the agreements that are already in place --- maybe they could be rolled over to this new service. Agreement with Shandaken and Greene County. Councilmember Lynn Byrne asked for a copy of the contracts / paperwork that are in place now.

Supervisor Dixie Baldrey will do the letter from the municipality requesting Public Health Law Operating Authority as a certified ALS-FR or ambulance service.

Statement of Need – Councilmember Lynn Byrne (Needs a date to complete the Resolution)

Statement establishing the type of service – Councilman Paul Van Valkenburgh

Statement of area declaring to be served / map – Councilman Maurice Nelson

Application that needs to be completed for EMS Operating Certificate –Councilmember Lynn Byrne

Councilmember Lynn Byrne would like the information to her by the middle of next week to coordinate the information and put it together.

Year-End Meeting set for December 30, 2008 at 4:00 PM

Heating Problems / Chain of Command

Supervisor Dixie Baldrey said that she had problem with the heat over the Thanksgiving weekend and would like to know whom she should contact when she has problems with the heat. A discussion was held. Supervisor Baldrey will call the supplier of the heating oil, Kosco, to see if they will do service calls for the town. Supervisor Baldrey will contact service people to see if she can get someone to do the service contract for the heating system.

Emergency Calls

Supervisor Baldrey said that every town should make a list of the elderly or any person that might be in need in case of an emergency. The town needs to know who they are in case an emergency happens, so they can be contacted. Supervisor Dixie Baldrey said she needs to know their names, street addresses, with permission from the person to give that information out. A discussion was held.

Blade for the Plows

Supt. of Highways, Larry Cross, explained that he needed blades for the truck, and the new blades will help with the passage through the bays at the garage, which would make OSHA happy because they said there is not room to move around the trucks. The estimates that were presented were:

Arrowhead Equipment, Inc. -------- Cash & Cary Price: $9,245.00

Without Carbide, Cover Blade –-- Cash & Carry Price: $8,401.85

Zwack

11” Everest Rev. Plow ------ Vortex – List -- $9,300.00

Town Price --- $ 7,300.00

A discussion was held.

RESOLUTION #142-08

PURCHASE PLOW BLADES

On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Keith Mellott, the following resolution was ADOPTED

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

Absent – 0

This Town Board moves to purchase the 2 Zwack Blades at a cost of $7,300. each for a total of $14,600 for the plows..

Rose’s Sick Day Verification

Supervisor Dixie Baldrey said that she needs to verify the sick days for Rose and Larry, so that when they decide to retire, the town will have a record of the accumulated sick days that they have accumulated to date up to 165 days, which is allowed. It has been calculated that Rose Williams has accumulated 106 sick days to date --- from 1992 through 2008. Therefore, Supervisor Dixie Baldrey said that she would like the Town Board to stipulate that Rose Williams has accumulated 106 days trough 2008. Supt. of Highways Larry Cross will be verified in the near future.

RESOLUTION #143-08

SICK DAY VERIFICATION

On a motion by Council Member Keith Mellott, seconded by Council Member Paul Van Valkenburgh, the following resolution was ADOPTED

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

Absent – 0

The Town of Lexington Town Board verifies that Town Clerk, Rose Williams has accumulated 106 sick days from January, 1992 through December, 2008,

Maintenance Man

A discussion was held on putting the Legal Notice in the local newspaper for a maintenance man. A description of the job will be furnished and then advertised.

Roof Bids

Roof Estimates were submitted with different items on each, which are on file in the Town Clerk’s Office for any information or examination. (Any plywood / underlayment was not in contracts)

Catskill Mountain Construction – Shingled Section – $17,900.55

Catskill Mountain Construction – Fiber Roof Coating -- $ 5,625.

Spruceton Valley Solutions – Shingles Section -- $15,000.

With ground cleanup – $16,500.

John Berger, Building Contractor – Shingle & Clean Up & Roof Coating -- $18,400.

Edwin (Skip) Dippold, Jr. – Remove shingles & Shingle -- $18,000

Go over old roof with 1x3 & install metal roofing – 16,500.

Re-seal or roof coat / back building – 2,560.

A discussion was held and the bids needed more review to decide, which one was the better price for what they were quoting, and it was stressed that it needs to be done before winter sets in because the roof is leaking. The estimates will be reviewed at the end of the meeting for a better understanding of the best price.

Computer Network Setup

Estimates for the installation for the Computer Network were received as follows:

Hi-Tech Advisers, PO Box 129, Ravena, NY ---------- $2,880.

My Computer MD’s, P.O> Box 45, West Kill, NY ----- $1,925.

RESOLUTION #144-08

COMPUTER NETWORK SETUP

On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Lynn Byrne, the following resolution was ADOPTED

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

Absent – 0

This Town of Lexington Town Board approves the estimate of “My Computer MD’s at a cost of $1,925. for setting up the computer network system for the offices in the Municipal Building.

Tree Lights

The Greene County Highway Dept. came by with their bucket truck to put the lights on the evergreen tree on the front lawn of the Municipal Building.

Councilman Keith Mellott reported that after they got six strands of lights on the tree --- around 8 or 10 feet high and another string was attached --- it blew a fuse. Councilman Mellott also reported that the tree has the blight, which is a disease that is killing the tree.

Supervisor Baldrey said that the bushes could still be decorated and Council Member Mellott suggested that lights could be put around the sign.

Doug – Lamont Engineers / Town Hall – Brick & Mortar Repair

Supervisor Dixie Baldrey said that Doug Van Duesen from Lamont Engineers has confirmed that brick & mortar repair was in acceptable order and that it was o.k. to make the final payment / retainage fee in the amount of $8,050. to Ganem Contracting Corp to complete the project closeout documents.

RESOLUTION #145-08

FINAL PAYMENT / GANEM CONTRACTING CORP.

On a motion by Council Member Maurice Nelson, seconded by Council Member Keith Mellott, the following resolution was ADOPTED

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

Absent – 0

Whereas, the Town Hall Brick & Mortar Repairs has been completed to the satisfaction of the Town of Lexington and Doug Van Duesen from Lamont Engineers;

Therefore, It shall be resolved that the Town of Lexington shall pay the retainage fee of $8,050. to closeout the project, which has been completed.

Public Concerns

Ralph (Ray) Albino reported that they are now working on the site of the cell tower, and believes that the J & S Co. is really set on the site out back of the Municipal Building, and they explained their reasons why. Ray went on to say that he and Glenn Howard would explore other possibilities for the location of the cell tower. A discussion was held.

Audit the Bills

RESOLUTION #146-08

PAY THE BILLS

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

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

Absent - 0

Nay – 0

Resolved, that this Town Board, having audited the following General Fund Vouchers # 309 through # 332, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract # 12, General Fund, on the Supervisor for payment of $ 8,469.92

Resolved, that this Town Board, having audited the following Highway Fund Vouchers # 144 through # 158, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract #11 Highway Fund, on the Supervisor for payment of $ 14,303.86

Resolution # 146-08 ----- Continued

Resolved, that this Town Board, having audited the following Special Lighting District Voucher # 11, hereby orders it paid and directs the Town Clerk to draw Abstract # 12, Special Lighting District Fund, on the Supervisor for payment of $ 201.51.

RESOLUTION #147-08

CONTRIBUTE FUNDS

On a motion by Supervisor Dixie Baldrey, seconded by Council Member Lynn Byrne, the following resolution was ADOPTED

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

Absent – 0

The Town of Lexington Town Board moves to contribute $100.00 to the Family Christmas Fund for the Mountain Top.

Roof Repair

Supervisor Dixie Baldrey discussed the roof estimates with the Highway Superintendent Larry Cross and the Council Members to get a clearer idea of what they were. After the review and discussion ---- it was decided to award the bid.

RESOLUTION #148-08

HIGHWAY GARAGE ROOF REPAIR BID

On a motion by Council Member Maurice Nelson, seconded by Council Member Keith Mellott, the following resolution was ADOPTED

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

Absent – 0

The Town of Lexington Town Board moves to accept the estimate for the roof repair to the Highway Garage from John Berger, Building Contractor, at a cost of 18,400., and estimate is on file in the Town Clerk’s office.

Adjourn

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

Supervisor Dixie Baldrey adjourned the meeting.

Respectfully submitted,

Rose Williams, Town Clerk, RMC

Town of Lexington