Town of Lexington,NY - Board Minutes


Board Meeting The Regular Meeting of the Town Board of the Town of Lexington was called to order on February 2, 2010 at 7:00 P.M., by Supervisor Greg Cross at the Lexington Municipal Building, followed by the Pledge of Allegiance. PRESENT: Supervisor........................................... Greg Cross Council Members......……..…........… John Berger Glenn Howard Keith Mellott Lynn Byrne Town Clerk .......................…............... Rose Williams Superintendent of Highway…....…...... Frank Hermance OTHERS PRESENT: Ray Albino, Deputy Supervisor Mary Cline, June Frasier, Paul Van Valkenburgh, Elizabeth Hapeman, Dixie Lou Baldrey, John Loftus, and Mike Ryan from the Windham Journal. Councilmember Lynn Byrne asked Supervisor Greg Cross if the Town Board could go into executive session for personnel issues before the approval of the minutes. Supervisor Cross agreed. Executive Session Resolution # 28-10 Open Executive Session On a motion by Council Member Lynn Byrne, seconded by Council Member Keith Mellott, the following resolution was ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, & Berger Nays - 0 This Town Board moves to go into Executive Session to discuss personnel issues. Time: 7:02 PM. Resolution # 29-10 Close Executive Session On a motion by Council Member Glenn Howard, seconded by Council Member John Berger, the following resolution was ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, & Berger Nays - 0 This Town Board moves to close the Executive Session and return to the regular meeting. Time: 7:18 PM Resolution #30-10 Approve Minutes On a motion by Council Member Glenn Howard, seconded by Council Member Keith Mellott, the following resolution was ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, & Berger Nays - 0 This Town Board moves to approve the minutes of the Organizational Meeting held on January 5, 2010, and the Special Meeting held on January 26, 2010. Financial Report Supervisor Greg Cross presented the Financial Report for January 2010 and asked the Council Members if they had any questions. Resolution #31-10 Approve Financial Report On a motion by Council Member Keith Mellott, seconded by Council Member Glenn Howard, the following resolution was ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, & Berger Nays - 0 This Town Board approves the Financial Report of January 2010, which was presented by the Supervisor. Investment Policy Supervisor Greg Cross said that the town’s money should be diversified in different financial institutions according to Item V. in the Investment Policy, and said that it is currently all at NBT. Supervisor Cross said that Key Bank is now at .4% interest for CD's, and was planning on setting up the CD's in a staggered way so they do not come due at one time. Some questions were answered, and a discussion was held. Resolution #32-10 Approve Investment Policy On a motion by Council Member Keith Mellott, seconded by Council Member Glenn Howard, the following resolution was ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, & Berger Nays - 0 This Town Board approves the "Investment Policy for the Town of Lexington", which is the following: Investment Policy for Town of Lexington Adopted – February 2, 2010 SCOPE This investment policy applies to all moneys and other financial resources available for investments on its own behalf or on behalf of any other entity or entity or individual. OBJECTIVES The primary objectives of the local government's investment activities are, in priority order, to conform with all applicable federal, state and other legal requirements (legal); to adequately safeguard principal (safety); to provide sufficient liquidity to meet all operating requirements (liquidity); and to obtain a reasonable rate of return (yield). DELEGATION OF AUTHORITY The governing board's responsibility for administration of the investment program is delegated to the Supervisor of the Town of Lexington, who shall establish written procedures for the operation of the investment program consistent with these investment guidelines. Such procedures shall include an adequate internal control structure to provide a satisfactory level of accountability based on a data base or records incorporating description and amounts of investments, transaction dates, and other relevant information and regulate the activities of subordinate employees. PRUDENCE All participants in the investment process shall seek to act responsibly as custodians of the public trust and shall avoid any transaction that might impair public confidence in the Town of Lexington to govern effectively. Investment shall be made with judgment and care, under circumstances then prevailing, which persons of prudence discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the safety of the principal as well as the probable income to be derived. All participants involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. DIVERSIFICATION It is the policy of the Town of Lexington to diversify its deposits and investments by financial institution, by investment instrument, and by maturity scheduling. INTERNAL CONTROLS It is the policy of the Town of Lexington for all moneys collected by any officer or employee of the government to transfer those funds to the Supervisor within _3_ days of deposit, or within the time period specified in law, whichever is shorter. The Supervisor of the Town of Lexington is responsible for establishing and maintaining an internal control structure to provide reasonable, but not absolute, assurance that deposits and investment are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorization and recorded properly; and is managed in compliance with applicable laws and regulations. DESIGNATION OF DEPOSITARIES The banks and trust companies authorized for the deposit of money up to the maximum amounts are: Depository Name Maximum Amount Officer National Bank & Trust Co. of Norwich 1.25 Donna Romundo Greene Co Commercial Bank 1.25 Kresten Bjornsson COLLATERALIZING OF DEPOSITES In accordance with the provisions of General Municipal Law, §10, all deposits of the Town of Lexington, including certificates of deposit and special time deposits, in excess of the amount insured under the provisions of the Federal Deposit Insurance Act shall be secured; By a pledge of "eligible securities" with and an aggregate "market value" as provided by GML §10, equal to the aggregate amount of deposits from the categories designated in Appendix A to the policy. By an eligible "irrevocable letter of credit" issued by a qualified bank other than the bank with the deposits in favor of the government for a term not to exceed 90 days with an aggregate value equal to 140% of the aggregate amount of deposits and the agreed upon interest, if any. A qualified bank is one whose commercial paper and other unsecured short-term debt obligations are rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization or by a bank that is in compliance with applicable federal minimum risk-based capital requirements. By equal surety bond payable to the government for an amount at least equal to 100% of the aggregate amount of deposits and the agreed upon interest, if any, executed by an issuance company authorized to do business in New York State, whose claims - paying ability is rated in the highest rating category by at least two nationally recognized statistical rating organizations. SAFEKEEPING AND COLLATERALIZATION Eligible securities used for collateralizing deposits shall be held by the M & T Bank, the third party for The Bank of Greene County, and the Bank of New York, the third party for the National Bank & Trust Co. of Norwich, the bank or trust company subject to security and custodial agreement. The security agreement shall provide that eligible securities are being pledged to secure local government deposits together with agreed upon interest, if any, and any costs or expenses arising out of the collection of such deposits upon default. It shall also provide the conditions under which the securities may be sold, presented for payment, substituted or released and the events which will enable the local government to exercise its rights against the pledged securities, In the event that the securities are not registered or inscribed in the name of the local government, such securities shall be delivered in a form suitable for transfer or with an assignment in blank to the Town of Lexington or its custodial bank. The custodial agreement shall provide that securities held by the bank or trust company, or agent of and custodian for, the local government, will be kept separate and apart from the general assets for the custodial bank or trust company and will not, in any circumstances, be commingled with or become part of the banking for any other deposit or other liabilities. The agreement should also describe that the custodian shall confirm the receipt, substitution or release of the securities. The agreement shall provide for the frequency of revaluation of eligible securities and for the substitution of securities when a change is the rating of a security may cause ineligibility. Such agreement shall include all provisions necessary to provide the local government a perfected interest in the securities. PERMITTED INVESTMENTS As authorized by General Municipal Law, §11, the Town of Lexington authorizes the Supervisor of the Town of Lexington to invest moneys not required for immediate expenditure for terms not to exceed its projected cash flow needs in the following types of investments: Special time deposit accounts; Certificates of deposits; Obligations of the United States of America; Obligations guaranteed by agencies of the United States of America where the payment of principal and interest are guaranteed by the United States of America; Obligations of the State of New York; Obligations issued pursuant to LFL §24.00 or 25.00 (with approval of the State Comptroller) by any municipality, school district or district corporation other that the Town of Lexington; Obligations of public authorities, public housing authorities, urban renewal agencies and industrial development agencies where the general State statutes governing such entities or whose specific enabling legislation authorizes such investments; Certificates of Participation (COPs) issued pursuant to GML §109-b. Obligations of this local governments, but only with any moneys in a reserve fund established pursuant to GML § 6-c, 6-d, 6-e, 6-g, 6-h, 6-j, 6-k, 6-l, 6-m, or 6-n. All investment obligations shall be payable or redeemable at the option of the Town of Lexington within such times as the proceeds will be needed to meet expenditures for purpose for which the moneys were provided and, in the case of obligations purchased with the proceeds of bonds or notes, shall be payable or redeemable at the option of the Town of Lexington within two years of the date of purchase. XI. AUTHORIZED FINANCIAL INSTITUTIONS AND DEALERS The Town of Lexington shall maintain a list of financial institutions and dealers approved for investment purposes and establish appropriate limits to the amount of investments, which can be made with each financial institution or dealer. All financial institutions with which the local government conducts business must be credit worthy. Banks shall provide their most recent Consolidated Report of Condition (Call Report) at the request of the Town of Lexington. Security dealer not affiliated with a bank shall be required to be classified as reporting dealers affiliated with the New York Federal Reserve Bank, as primary dealers. The Supervisor of the Town of Lexington is responsible for evaluating the financial position and maintaining a listing of proposed depositaries, trading partners and custodians. Such listing shall be evaluated at least annually. XII. PURCHASE OF INVESTMENTS The Supervisor of the Town of Lexington is authorized to contract for the purchase of investments: Directly, including through a repurchase agreement, from an authorized trading partner. By participation in a cooperative investment program with another authorized government entity pursuant to Article 5G of the General Municipal Law where such program meets all the requirements set forth in the Office of the State Comptroller Opinion No. 88-46, and the specific program has been authorized by the governing board. By utilizing an ongoing investment program with an authorized trading partner pursuant to a contract authorized by the governing board. All purchased obligations, unless registered or inscribed in the name of local government, shall be purchased through, delivered to and held in the custody of a bank or trust company, Such obligations shall be purchased, sold or presented for redemption or payment by such bank or trust company only in accordance with prior written authorization from the officer authorized to make the investment. All such transactions shall be confirmed in writing to the Town of Lexington by the bank or trust company. Any obligation held in the custody of a bank or trust company shall be held pursuant to a written custodial agreement as described in General Municipal Law, §10. The custodial agreement shall provide that securities held by the bank or trust company, as agent of and custodian for, the local government, will be kept separate and apart from the general assets of the custodial bank or trust company and will not, in any circumstances, be commingled with or become part of the backing for any other deposit or other liabilities. The agreement shall describe how the custodian shall confirm the receipt and release of the securities. Such agreement shall include all provisions necessary to provide the local government a perfected interest in the securities. REPURCHASE AGREEMENTS Repurchase agreements are authorized subject to the following restrictions: All repurchase agreements must be entered into subject to a Master Repurchase Agreement. Trading partners are limited to banks or trust companies authorized to do business in New York State and primary reporting dealers. Obligations shall be limited to obligations of the Untied States of America and obligations guaranteed by agencies of the United States of America. No substitution of securities will be allowed. The custodian shall be a party other than the trading partner. Adopted by Resolution # 32-10 on February 2, 2010 by the Lexington Town Board APPENDIX A -- Schedule of Eligible Securities ________ (I) Obligations insured, or fully insured or guaranteed as to the payment of principal and interest, by the United States of America, an agency thereof or a United States Government sponsored corporations. ___________ (ii) Obligations issued or fully guaranteed by the International Bank for Reconstruction and Development, the later American Development Bank, the Asian Development Bank, and the African Development Bank. ___________ (iii) Obligation partially insured or guaranteed by any agency of the United State of America, at a proportion of the Market Value of the obligation that represents the amount of the insurance or guaranty. ___________ (iv) Obligations issued or fully insured or guaranteed by the State of New York, obligations issued by a municipal corporation, school district or district corporation of such State or obligations of any public benefit corporation which under a specific State statute may be accepted as security for deposit of public moneys. ___________ (v) Obligations issued by states (other that the State of New York) of the United States rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization. ___________ (vi) Obligations of Puerto Rico rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization. ___________ (vii) Obligations of counties, cities, and other governmental entitles of a state other than the State of New York having the power to levy taxes that are backed by the full faith and credit of such governmental entity and rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization. ___________ (Viii) Obligations of domestic corporations rated in one of the two highest rating categories by at least one nationally recognized statistical rating organization. ___________ (ix) Any mortgage related securities, as defined in the Securities Exchange Act of 1934, as amended, which may be purchased by banks under the limitations established by bank regulatory agencies. ___________ (x) Commercial paper and bankers' acceptance issued by a bank, other than the Bank, rated in the highest short term category by at least one nationally recognized statistical rating organization and having maturities of no longer that 60 days from the date they are pledged. ___________ (xi) Zero coupon obligations of the United States government marketed as "Treasury strips". Purchasing Policy and Procedures The Purchasing Policy and Procedures was reviewed by the Town Board and Supervisor Greg Cross said that on Page 1, under Item 2. : The $20,000. would be changed to $35,000. On Page 2, under "Contract for Public Work below $20,000.00" ---- The $20,000.00 was changed to $35,000.00, and under Item 10. The $20,000. would be changed to $35,000. There was a discussion about having a purchase order system. Resolution #33-10 Approve Purchasing Policy & Procedures On a motion by Council Member Glenn Howard, seconded by Council Member John Berger, the following resolution was ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, & Berger Nays - 0 This Town Board moves to approve the "Purchasing Policy and Procedures for the Town of Lexington", which is the following: TOWN OF LEXINGTON, NEW YORK PURCHASING POLICY AND PROCEDURES – “2010” This resolution set forth the policies and procedures of the Town of Lexington to meet the requirements of General Municipal Law, Section 104-b. *1. PURPOSE:* Goods and services which are not required by law to be procured pursuant to competitive bidding must be procured in a manner so as to assure the prudent and economical use of public monies, in the best interests of the taxpayers, to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances, and to guard against favoritism, improvidence, extravagance, fraud and corruption. To further these objectives, the governing board is adopting internal policies and procedures governing all procurements of goods and services which are not made pursuant to the competitive bidding requirements of General Municipal Law, Section 103 or of any other general, special or local law. *2. PROCEDURES FOR DETERMINING WHETHER PROCUREMENT ARE SUBJECT TO BIDDING:* The procedures for determining whether a procurement of goods and services is subject to competitive bidding and documenting is not required by law is as follows: Procedure: The Town will determine if the proposed procurement is a purchase contract or a contract for public work. The threshold for purchase contract for material, equipment and supplies is $10,000.00 and for public work is $35,000.00. Any expenditure exceeding this amount is subject to competitive bidding. The Town shall determine whether these are exceptions to competitive bidding and whether requirements exist. Documentation: Public advertisement, verbal or written quotes. *3. STATUTORY EXCEPTIONS FOR THESE POLICIES AND PROCEDURES:* Except for procurements made pursuant to General Municipal Law, Section 103 (3) (through county contracts) or Section 104 (through state contract), State Finance Law, Section 175-b (from Agencies for blind or severely handicapped), Correction Law, Section 186 (articles manufactured in correctional institutions), or the items excepted herein (see below), alternative proposals or quotations for goods and services shall be secured by use of written requests for proposals, written quotations, verbal quotations or any other method of procurement which furthers the purposes of General Municipal Law, Section 104-b. *METHODS AND ADEQUATE DOCUMENTATION OF COMPETITION TO BE* *USED FOR NON BID PROCURMENTS: The methods of procurement and documentation to be used are as follows: A Purchase Order System will be instituted in all department of the Town. This procedure will begin July 1, 1998. The Town shall require the following methods of competition to be used and source of documentation maintained when soliciting non bid procurements in the most cost effective possible, and any purchase in excess of $250. shall be approved by the Supervisor in advance of the purchase. A. Purchase contract up to $10,000.00 Under $100. 0 -- Verbal Quotes $100-500 2 -- Verbal Quotes $500-1,000 3 -- Verbal Quotes $1,000-5,000 3 -- Written Quotes $5,000-9,999 3 -- Written Quotes Contract for Public Work below $35,000.00 Under 1000 = 0 -- Quotes $1,000.-$5,000 . = 3 -- Verbal Quotes $5,000.-$10,000 .= 3 -- Written Quotes $10,000 = more than 3 Written Quotes B. Emergencies: Verbal quotes. Documentation will include notations of verbal quotes. C. Insurance: Written quotes. Documentation will include written quotations or verbal can be used. True Leases: The courts have held that true lease agreements are neither purchases nor contracts for public work thus not subject to bidding. Documentation shall include written quotes. Cost analysis of leasing versus purchasing. Sole Source: Competitive bidding is not required - written or verbal quotes. There is only one possible source from which to procure goods and services required in public interest and it is further determined that such item is available only from one source so that no possibility of competition exists. Second-Hand Equipment From Other Governments: When the Town purchases surplus or second-hand supplies, materials, or equipment from the Federal or State governments or from any other political subdivision or public benefit corporation within the State. The Town shall maintain market price comparisons (verbal or written quotes) and the name of the government entity. G. Professional Services: Request for proposals (RFPs) will be used as a means of obtaining all types of professional service. RFPs will be used to obtain the service of architects, engineers, accountants, lawyers, fiscal consultants, and other professionals. The frequency of solicitation will be at the discretion of the Board. 5. AWARDS TO OTHER THAN LOWEST RESPONSIBLE DOLLAR OFFERER:* Whenever any contract is awarded to other than the lowest responsible dollar offer, the reasons such an award furthers the purpose of General Municipal Law, Section 104-b as set forth herein above shall be documented as follows: Documentation must be fact: For example is a vendor submits lowest proposal and does not deliver on time or product is of inferior quality such facts might justify taking other than lowest offer. *ITEMS EXCEPTED FROM POLICIES AND PROCEDURES BY BOARD: The Board sets forth the following circumstances when, or types of procurements for which, in the sole discretion of the governing body, the solicitation of alternative proposals or quotations will not be in the best interest of the Town. a. An emergency where time is a crucial factor. b. Procurements for which there is no possibility of competition. Procurements of professional services which because of the confidential nature of the services, do not lend themselves to procurement through solicitation. Very small procurements for which solicitation of competition would not be cost effective. 7. INPUT FROM OFFICERS:* Comments concerning the policies and procedures shall be solicited from officers of the political subdivision or Town therein involved in the procurement process prior to the enactment of the policies and procedures, and will be solicited from time to time hereafter. *8. ANNUAL REVIEW:* The governing board shall annually review these policies and procedures. The Town’s Independent Auditor shall be responsible for conducting an annual review of the procurement policy and for an evaluation of the internal control structure established to ensure compliance with the procurement policy. *9. UNINTENTIONAL FAILURE TO COMPLY:* The unintentional failure to fully comply with the provisions of this General Municipal Law, Section 104-b shall not be grounds to void action taken or give rise to a cause of action against the Town of Lexington, New York or any officer or employee thereof. *10. SOLICITING PRICES WHEN BIDDING NOT REQUIRED:* Whenever there shall be a purchase of material, equipment or supplies or for public work, exceeding $2,000.00 but less than $10,000.00 there shall be a solicitation of quotes, with documentation, from a least two (2) vendors. Whenever there shall be a purchase of public work, exceeding $10,000.00 but less than $35,000.00 there shall be a solicitation of quotes, with documentation, from at least three (3) vendors. *11. TOWN SUPERVISOR OR BOOKKEEPER:* Responsible for the following: Receiving all required procurement documentation from the Purchases. Checking the payment calculations to verify correctness. Preparing a payment check up approval of the Town Board. Note: The bookkeeper shall not prepare any procurement payment until receipt of all completed documents specified in this policy. Maintaining a central file of all procurement records for audit and tax preparation purposes. Adopted at Lexington Town Board Meeting on February 2, 2010 Benefit Policy Supervisor Greg Cross reviewed the Benefit Policy with the Council Members, and Supervisor Greg Cross thought that under Vacation Benefits -- The following underlined sentence should be removed, "Upon leaving Town service, employee will be compensated for unused vacation time for the current year." A discussion was held and it was decided to remove the line. Resolution #34-10 Approve the Benefit Policy for Town of Lexington On a motion by Council Member Glenn Howard, seconded by Council Member John Berger, the following resolution was ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, & Berger Nays - 0 This Town Board moves to adopt the "Benefit Policy for the Town of Lexington" as stated below, *TOWN OF LEXINGTON BENEFIT POLICY* *Approved by Resolution #34-10 on 2-2- 2010* Elected officials are eligible for all benefits, as determined by the Town Board. SICK BENEFITS Sick time benefits shall be accrued at 8 days each year (for all full-time elected officials). Any employee taking sick time after two (2) consecutive days will be required to have a doctor’s certification before benefits are paid. Sick time may be accrued from year to year. Maximum benefit will be 165 days, and sick days cannot be used for vacation days. Upon retirement, any unused sick days can be used as additional service credit. VACATION BENEFITS All full time elected Officials employed by the Town for one year shall be eligible for 2 weeks vacation, and an additional 1 day added for each year thereafter --- up to 4 weeks, which is the maximum vacation benefit that any person can receive. Department Head approval is necessary before any vacation time is granted. HEALTH INSURANCE BENEFITS All elected and appointed officials working full time may receive 100% paid health insurance at the discretion of the Town Board. The Town Board must approve this benefit. Part-time employees, elected or appointed officials are not eligible for this benefit unless approved by the Town Board. The part time employee, elected, or appointed official, will pay a portion of the monthly premium. The Town Board will approve this amount. PAID HOLIDAYS Paid holiday benefits are to permanent full time employees, elected and appointed officials working full time. Paid holidays are: 1. New Years Day 7. Columbus Day 2. Martin Luther King Day 8. Election Day 3. Presidents Day 9. Veterans Day 4. Memorial Day 10. Thanksgiving Day 5. July 4th 11. Christmas Day 6. Labor Day PERSONAL TIME BENEFIT Two days each year shall be granted for personal use to all full times permanent employees, elected and appointed full time officials. This benefit cannot be accumulated and if not used in the fiscal year shall not be carried over to the following year. No financial compensation for unused personal time benefit when employee leaves Town service. JURY DUTY The town will pay an employee for Jury Duty for any regular scheduled working day. However, if the employee is not scheduled to work, the court system will pay their allotted sum. BREAVEMENT TIME Three Days paid to full time employees, or full time elected or appointed officials who suffer a death in the immediate family. The immediate family to be considered as spouse, children, significant other who resided with the employee for six (6) months or more at time of death, parents, parents-in-law, or siblings. Health Insurance Buy Out Attorney for the Town, Tal Rappleyea, wrote up language to be inserted in the Town of Lexington Employee Handbook at the end of the Health Insurance Benefits section. "Following an annual review of the below factors, the Town Board may agree to provide a "buy-out" to a employee who is otherwise eligible to receive health insurance through the Town, but opts to obtain such insurance through an alternative source. The amount of such buy-out shall be in the amount equal to the cost of such alternative insurance OR the cost of the insurance to the Town through its' own policy, whichever is less. The buy-out may only be paid to those qualifying employees who have not been covered by the Town's health insurance policy for any period of time during the calendar year in which the buy-out is to be made. The buy-out shall be paid to the employee during the final pay period of the calendar year and shall be paid as an addition to the employee's income, with all applicable payroll and other deductions applied thereto." A discussion was held on the health insurance buy-out, and Council Member John Berger said that he felt that a dollar amount should be inserted, so that it states a specific amount of money. More discussion was held. Council Member Lynn Byrne made a motion to approve the insertion into the Employee Handbook, but there was no second. Resolution # 35-10 ---- Rescinded Table the Health Insurance Buy-out & Review On a motion by Council Member John Berger, seconded by Council Member Keith Mellott, the following resolution was ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, & Berger Nays - 0 This Town Board moves to table the health insurance buy-out and review it further with the Handbook for the Town of Lexington. More discussion was held on the health insurance buy-out. Resolution # 36-10 Rescinding Tabling of the Health Insurance Buy-out & Accept On a motion by Council Member Lynn Byrne, seconded by Council Member Glenn Howard, the following resolution was ADOPTED - Ayes - 4 - Cross, Byrne, Howard, & Mellott, Nays - 1 - Berger This Town Board shall rescind the previous resolution where the buy-out was tabled -- (Resolution #35-10), and shall go forth with the health insurance buy-out as stated in the statement from Attorney Tal Rappleyea, which will be added to the Employee handbook and reviewed every year. Real Property Tax Exemptions Supervisor Greg Cross said that Assessor Georgette Krauss said that she felt that the Senior Citizen Maximum Income Limit of $19,500 (base amount excluding sliding scale) should be kept the same as last year, and the Disabled Maximum Income Limit of $19,500 (base amount excluding sliding scale) should also be kept the same. The Town Board members agreed. Resolution #37-10 Senior Citizen & Disabled Tax Exemptions – Maximum Income Limits On a motion by Council Member Keith Mellott, seconded by Council Member Lynn Byrne, the following resolution was ADOPTED - Ayes - 5 - Cross, Byrne, Berger, Howard, & Mellott, Whereas, the Town of Lexington opted in 2009, to set the Senior Citizen Maximum Income Limit at $19,500, and the Disabled Maximum Income Limit at $19,500., Therefore, This Town Board under the recommendation from Assessor Georgette Krauss moves to keep the following limits the same for 2010 -- Senior Citizen Maximum Limit at $19,500., and the Disabled Maximum Income Limit at $19,500. Mileage Compensation / Amend Resolution Resolution #38-10 Amend Resolution # 11-10 -- Mileage Compensation & Dinner Compensation On a motion by Council Member Glenn Howard, seconded by Council Member Keith Mellott, the following resolution was ADOPTED - Ayes - 5 - Cross, Byrne, Berger, Howard, & Mellott. This Town Board moves to amend Resolution #11-10 made on January 5th, 2010 by adding; “The IRS rate per mile for the current month”, and remove “the rate which is set by the IRS at the current time” Clerk’s Conference Resolution #39-10 Attend the Town Clerk’s Conference On a motion by Council Member Glenn Howard, seconded by Council Member Keith Mellott, the following resolution was ADOPTED - Ayes - 5 - Cross, Byrne, Berger, Howard, & Mellott. This Town Board resolves to authorize Town Clerk, Rose Williams to attend the Town Clerk’s Conference in Saratoga from April 25th to 28th, 2010. Deputy Code Enforcement Office Supervisor Greg Cross said that the current Deputy Code Enforcement Officer doesn’t want to do the job anymore, so the town will need to advertise the position in the near future. Appointments Resolution #40-10 Appointments & Salaries On a motion by Supervisor Greg Cross, seconded by Council Member Lynn Byrne, the following resolution was ADOPTED Ayes - 5 - Cross, Byrne, Berger, Howard, & Mellott. Resolved, that this Town Board makes the following appointments and salaries: Dixie Baldrey ………… Third Deputy Town Clerk @ 12.00 per hour (Town Clerk Appointment) Mary Cline …………… Assistant Supervisor @12.00 per hour with 12 hours every two weeks Mountain Top Business Services … Bonnie Ford …. Bookkeeper @ $650. per month plus payroll Historian Report Supervisor Greg Cross read the Annual Report from Historian Karen Deeter and Deputy Historian Jannel Mellott to the public, which was very informative. The reports are on file in the Town Clerk’s Office. Resolution #41-10 Accept Historian & Deputy Historian Reports / 2009 On a motion by Council Member Glenn Howard, seconded by Council Member John Berger, the following resolution was ADOPTED - Ayes - 5 - Cross, Byrne, Berger, Howard, & Mellott. This Town Board moves to accept the 2009 Report from Historian Karen Deeter, and the 2009 Report from Deputy Historian Jannel Mellott. Code Enforcement Report Supervisor Greg Cross read the Year End Report for 2009 from the Code Enforcement Officer, James Boyle to the public and it will be on file in the Town Clerk’s Office. Resolution #42-10 Accept Code Enforcement Report for 2009 On a motion by Council Member Keith Mellott, seconded by Council Member Glenn Howard, the following resolution was ADOPTED - Ayes - 5 - Cross, Byrne, Berger, Howard, & Mellott. This Town Board moves to accept the 2009 Report from Code Enforcement Officer, James Boyle. Highway Garage Supervisor Greg Cross said that the town needs to put money into the building or start elsewhere. A discussion was held, and Supervisor Cross said that there is a water problem in the floor of the garage. Supervisor Cross suggested that a something should be done made to eliminate the water in the middle of the floor by putting in a new concrete floor. More discussion was held, and it was decided that Council Member John Berger and Supervisor Gregg Cross would come up with a plan for the new floor in the highway garage. Public Concerns Ralph Albino said that he would like to make note that Scott Griffin should come back to the Planning Board for his review because he was suppose to come back in a six month time frame to report on the progress at the Lexington Hotel project. Ralph Albino said that he would like an update on what is happening with the ambulance service, and he thought that the town and rescue squad should work together on it. Supervisor Cross told Mr. Albino that he and Council Member Lynn Byrne, Council Member Glenn Howard, and Carolyn Bennett had met previous to the meeting, and is trying to make progress. Ralph Albino said that he was third party to a conversation, and was surprised that there isn’t an alarm or burglary system in this Municipal Building. He went on to say that he thought that it should be looked into because of what happened in the Town of Ashland. Elizabeth Hapeman said that she thought the Rescue Squad could get more participants to volunteer and work with the squad if you went out and recruited them individually and asked people personally. Dixie Baldrey said that in light of what happened in the Town of Ashland ………… is all of the records housed here or elsewhere. Supervisor Greg Cross said that Mike Flynn, the Greene County Clerk is working on getting a grant from the State where they can take in records for storage from the Greene County towns who wish to participate. Council Member Glenn Howard said that he hasn’t received his package yet from JNS Towers, LLC regarding the cell tower information, but hoped to have the updated information and the names of the representative soon. Council Member Glenn Howard also gave a report on the Snowmobile Club and that they have acquired more acres to maintain with more trails to ride on in the area of Bear Pen Mtn. Correspondence – Received notice from NYC DEP that they are purchasing Parcel # 126.00-1-37 from Robert Sainato, which is 169 +/- acres on Beech Ridge Road in the Lexington, NY. Audit the Bills RESOLUTION #43-10 PAY THE BILLS On a motion by Council Member Glenn Howard, seconded by Council Member Keith Mellott, the following resolution was ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, Berger. Nay – 0 Resolved, that this Town Board, having audited the following General Fund Vouchers # 14 through # 48, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract # 2, General Fund, on the Supervisor for payment of $24,170.88 Resolved, that this Town Board, having audited the following Highway Fund Vouchers # 5 through # 23, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract #2 Highway Fund, on the Supervisor for payment of $ 20,100.65 Adjourn Councilmember Lynn Byrne made a motion to adjourn the meeting, seconded by Councilmember Keith Mellott. All agreed. Supervisor Greg Cross adjourned the meeting. Respectfully submitted, Rose Williams, Town Clerk, RMC Town of Lexington

Board Meeting

The Regular Meeting of the Town Board of the Town of Lexington was called to order on February 2, 2010 at 7:00 P.M., by Supervisor Greg Cross at the Lexington Municipal Building, followed by the Pledge of Allegiance.

PRESENT:
Supervisor........................................... Greg Cross
Council Members......……..…........… John Berger
                                                             Glenn Howard
                                                             Keith Mellott
                                                             Lynn Byrne

Town Clerk .......................…............... Rose Williams
Superintendent of Highway…....…...... Frank Hermance

OTHERS PRESENT: Ray Albino, Deputy Supervisor Mary Cline, June Frasier, Paul Van Valkenburgh, Elizabeth Hapeman, Dixie Lou Baldrey, John Loftus, and Mike Ryan from the Windham Journal.

Councilmember Lynn Byrne asked Supervisor Greg Cross if the Town Board could go into executive session for personnel issues before the approval of the minutes. Supervisor Cross agreed.

Executive Session

Resolution # 28-10
Open Executive Session

On a motion by Council Member Lynn Byrne, seconded by Council Member Keith Mellott, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, & Berger
Nays - 0

This Town Board moves to go into Executive Session to discuss personnel issues. Time: 7:02 PM.

Resolution # 29-10
Close Executive Session

On a motion by Council Member Glenn Howard, seconded by Council Member John Berger, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, & Berger
Nays - 0

This Town Board moves to close the Executive Session and return to the regular meeting. Time: 7:18 PM

Resolution #30-10
Approve Minutes

On a motion by Council Member Glenn Howard, seconded by Council Member Keith Mellott, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, & Berger
Nays - 0

This Town Board moves to approve the minutes of the Organizational Meeting held on January 5, 2010, and the Special Meeting held on January 26, 2010.

Financial Report

Supervisor Greg Cross presented the Financial Report for January 2010 and asked the Council Members if they had any questions.

Resolution #31-10
Approve Financial Report

On a motion by Council Member Keith Mellott, seconded by Council Member Glenn Howard, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, & Berger
Nays - 0

This Town Board approves the Financial Report of January 2010, which was presented by the Supervisor.

Investment Policy

Supervisor Greg Cross said that the town’s money should be diversified in different financial institutions according to Item V. in the Investment Policy, and said that it is currently all at NBT. Supervisor Cross said that Key Bank is now at .4% interest for CD's, and was planning on setting up the CD's in a staggered way so they do not come due at one time. Some questions were answered, and a discussion was held.

Resolution #32-10
Approve Investment Policy

On a motion by Council Member Keith Mellott, seconded by Council Member Glenn Howard, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, & Berger
Nays - 0

This Town Board approves the "Investment Policy for the Town of Lexington", which is the following:
Investment Policy for Town of Lexington
Adopted – February 2, 2010

SCOPE

This investment policy applies to all moneys and other financial resources available for
investments on its own behalf or on behalf of any other entity or entity or individual.

OBJECTIVES

The primary objectives of the local government's investment activities are, in priority
order,

to conform with all applicable federal, state and other legal requirements

(legal);

to adequately safeguard principal (safety);
to provide sufficient liquidity to meet all operating requirements (liquidity); and
to obtain a reasonable rate of return (yield).

DELEGATION OF AUTHORITY

The governing board's responsibility for administration of the investment program
is delegated to the Supervisor of the Town of Lexington, who shall establish written procedures for the operation of the investment program consistent with these investment guidelines. Such procedures shall include an adequate internal control structure to provide a satisfactory level of accountability based on a data base or records incorporating description and amounts of investments, transaction dates, and other relevant information and regulate the activities of subordinate employees.

PRUDENCE

All participants in the investment process shall seek to act responsibly as custodians of
the public trust and shall avoid any transaction that might impair public confidence in the Town of Lexington to govern effectively. Investment shall be made with judgment and care, under circumstances then prevailing, which persons of prudence discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the safety of the principal as well as the probable income to be derived. All participants involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions.

DIVERSIFICATION

It is the policy of the Town of Lexington to diversify its deposits and investments by
financial institution, by investment instrument, and by maturity scheduling.

INTERNAL CONTROLS

It is the policy of the Town of Lexington for all moneys collected by any officer or
employee of the government to transfer those funds to the Supervisor within _3_ days of deposit, or within the time period specified in law, whichever is shorter. The Supervisor of the Town of Lexington is responsible for establishing and maintaining an internal control structure to provide reasonable, but not absolute, assurance that deposits and investment are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorization and recorded properly; and is managed in compliance with applicable laws and regulations.

DESIGNATION OF DEPOSITARIES

The banks and trust companies authorized for the deposit of money up to the maximum
amounts are:
Depository Name Maximum Amount Officer

              National Bank & Trust Co. of Norwich                     1.25                                    Donna Romundo
                  Greene Co Commercial Bank                                  1.25                                    Kresten Bjornsson

COLLATERALIZING OF DEPOSITES
In accordance with the provisions of General Municipal Law, §10, all deposits of the
Town of Lexington, including certificates of deposit and special time deposits, in excess of the amount insured under the provisions of the Federal Deposit Insurance Act shall be secured;

By a pledge of "eligible securities" with and an aggregate "market value" as provided by GML §10, equal to the aggregate amount of deposits from the categories designated in Appendix A to the policy.
By an eligible "irrevocable letter of credit" issued by a qualified bank other than the bank with the deposits in favor of the government for a term not to exceed 90 days with an aggregate value equal to 140% of the aggregate amount of deposits and the agreed upon interest, if any. A qualified bank is one whose commercial paper and other unsecured short-term debt obligations are rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization or by a bank that is in compliance with applicable federal minimum risk-based capital requirements.

By equal surety bond payable to the government for an amount at least equal to 100% of the aggregate amount of deposits and the agreed upon interest, if any, executed by an issuance company authorized to do business in New York State, whose claims - paying ability is rated in the highest rating category by at least two nationally recognized statistical rating organizations.

SAFEKEEPING AND COLLATERALIZATION

Eligible securities used for collateralizing deposits shall be held by the M & T Bank, the third party for The Bank of Greene County, and the Bank of New York, the third party for the National Bank & Trust Co. of Norwich, the bank or trust company subject to security and custodial agreement.
The security agreement shall provide that eligible securities are being pledged to secure local government deposits together with agreed upon interest, if any, and any costs or expenses arising out of the collection of such deposits upon default. It shall also provide the conditions under which the securities may be sold, presented for payment, substituted or released and the events which will enable the local government to exercise its rights against the pledged securities, In the event that the securities are not registered or inscribed in the name of the local government, such securities shall be delivered in a form suitable for transfer or with an assignment in blank to the Town of Lexington or its custodial bank.
The custodial agreement shall provide that securities held by the bank or trust company, or agent of and custodian for, the local government, will be kept separate and apart from the general assets for the custodial bank or trust company and will not, in any circumstances, be commingled with or become part of the banking for any other deposit or other liabilities. The agreement should also describe that the custodian shall confirm the receipt, substitution or release of the securities. The agreement shall provide for the frequency of revaluation of eligible securities and for the substitution of securities when a change is the rating of a security may cause ineligibility. Such agreement shall include all provisions necessary to provide the local government a perfected interest in the securities.

PERMITTED INVESTMENTS

As authorized by General Municipal Law, §11, the Town of Lexington authorizes
the Supervisor of the Town of Lexington to invest moneys not required for immediate expenditure for terms not to exceed its projected cash flow needs in the following types of investments:

Special time deposit accounts;
Certificates of deposits;
Obligations of the United States of America;
Obligations guaranteed by agencies of the United States of America where the payment of principal and interest are guaranteed by the United States of America;
Obligations of the State of New York;
Obligations issued pursuant to LFL §24.00 or 25.00 (with approval of the State Comptroller) by any municipality, school district or district corporation other that the Town of Lexington;
Obligations of public authorities, public housing authorities, urban renewal agencies and industrial development agencies where the general State statutes governing such entities or whose specific enabling legislation authorizes such investments;
Certificates of Participation (COPs) issued pursuant to GML §109-b.
Obligations of this local governments, but only with any moneys in a reserve fund established pursuant to GML § 6-c, 6-d, 6-e, 6-g, 6-h, 6-j, 6-k, 6-l, 6-m, or 6-n.

All investment obligations shall be payable or redeemable at the option of the Town of Lexington within such times as the proceeds will be needed to meet expenditures for purpose for which the moneys were provided and, in the case of obligations purchased with the proceeds of bonds or notes, shall be payable or redeemable at the option of the Town of Lexington within two years of the date of purchase.

XI. AUTHORIZED FINANCIAL INSTITUTIONS AND DEALERS
The Town of Lexington shall maintain a list of financial institutions and dealers approved for investment purposes and establish appropriate limits to the amount of investments, which can be made with each financial institution or dealer. All financial institutions with which the local government conducts business must be credit worthy. Banks shall provide their most recent Consolidated Report of Condition (Call Report) at the request of the Town of Lexington. Security dealer not affiliated with a bank shall be required to be classified as reporting dealers affiliated with the New York Federal Reserve Bank, as primary dealers. The Supervisor of the Town of Lexington is responsible for evaluating the financial position and maintaining a listing of proposed depositaries, trading partners and custodians. Such listing shall be evaluated at least annually.

XII. PURCHASE OF INVESTMENTS
The Supervisor of the Town of Lexington is authorized to contract for the purchase of
investments:

Directly, including through a repurchase agreement, from an authorized trading partner.
By participation in a cooperative investment program with another authorized government entity pursuant to Article 5G of the General Municipal Law where such program meets all the requirements set forth in the Office of the State Comptroller Opinion No. 88-46, and the specific program has been authorized by the governing board.
By utilizing an ongoing investment program with an authorized trading partner pursuant to a contract authorized by the governing board.

All purchased obligations, unless registered or inscribed in the name of local government,
shall be purchased through, delivered to and held in the custody of a bank or trust company, Such obligations shall be purchased, sold or presented for redemption or payment by such bank or trust company only in accordance with prior written authorization from the officer authorized to make the investment. All such transactions shall be confirmed in writing to the Town of Lexington by the bank or trust company. Any obligation held in the custody of a bank or trust company shall be held pursuant to a written custodial agreement as described in General Municipal Law, §10.

The custodial agreement shall provide that securities held by the bank or trust company, as agent of and custodian for, the local government, will be kept separate and apart from the general assets of the custodial bank or trust company and will not, in any circumstances, be commingled with or become part of the backing for any other deposit or other liabilities. The agreement shall describe how the custodian shall confirm the receipt and release of the securities. Such agreement shall include all provisions necessary to provide the local government a perfected interest in the securities.

REPURCHASE AGREEMENTS

Repurchase agreements are authorized subject to the following restrictions:

All repurchase agreements must be entered into subject to a Master Repurchase

Agreement.

Trading partners are limited to banks or trust companies authorized to do

business in New York State and primary reporting dealers.

Obligations shall be limited to obligations of the Untied States of America and

obligations guaranteed by agencies of the United States of America.

No substitution of securities will be allowed.
The custodian shall be a party other than the trading partner.

Adopted by Resolution # 32-10 on February 2, 2010 by the Lexington Town Board

APPENDIX A -- Schedule of Eligible Securities

________             (I) Obligations insured, or fully insured or guaranteed as to the payment of principal and interest, by the United States of America, an agency thereof or a United States Government sponsored corporations.
___________          (ii) Obligations issued or fully guaranteed by the International Bank for Reconstruction and Development, the later American Development Bank, the Asian Development Bank, and the African Development Bank.
___________          (iii) Obligation partially insured or guaranteed by any agency of the United State of America, at a proportion of the Market Value of the obligation that represents the amount of the insurance or guaranty.
___________          (iv) Obligations issued or fully insured or guaranteed by the State of New York, obligations issued by a municipal corporation, school district or district corporation of such State or obligations of any public benefit corporation which under a specific State statute may be accepted as security for deposit of public moneys.
___________          (v) Obligations issued by states (other that the State of New York) of the United States rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization.
___________          (vi) Obligations of Puerto Rico rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization.
___________          (vii) Obligations of counties, cities, and other governmental entitles of a state other than the State of New York having the power to levy taxes that are backed by the full faith and credit of such governmental entity and rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization.
___________          (Viii) Obligations of domestic corporations rated in one of the two highest rating categories by at least one nationally recognized statistical rating organization.
___________          (ix) Any mortgage related securities, as defined in the Securities Exchange Act of 1934, as amended, which may be purchased by banks under the limitations established by bank regulatory agencies.
___________          (x) Commercial paper and bankers' acceptance issued by a bank, other than the Bank, rated in the highest short term category by at least one nationally recognized statistical rating organization and having maturities of no longer that 60 days from the date they are pledged.
___________          (xi) Zero coupon obligations of the United States government marketed as "Treasury strips".

Purchasing Policy and Procedures

The Purchasing Policy and Procedures was reviewed by the Town Board and Supervisor Greg Cross said that on Page 1, under Item 2. : The $20,000. would be changed to $35,000. On Page 2, under "Contract for Public Work below $20,000.00" ---- The $20,000.00 was changed to $35,000.00, and under Item 10. The $20,000. would be changed to $35,000. There was a discussion about having a purchase order system.

Resolution #33-10
Approve Purchasing Policy & Procedures

On a motion by Council Member Glenn Howard, seconded by Council Member John Berger, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, & Berger
Nays - 0

This Town Board moves to approve the "Purchasing Policy and Procedures for the Town of Lexington", which is the following: TOWN OF LEXINGTON, NEW YORK
PURCHASING POLICY AND PROCEDURES – “2010”

This resolution set forth the policies and procedures of the Town of Lexington to meet the requirements of General Municipal Law, Section 104-b.

1. PURPOSE:
Goods and services which are not required by law to be procured pursuant to competitive bidding must be procured in a manner so as to assure the prudent and economical use of public monies, in the best interests of the taxpayers, to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances, and to guard against favoritism, improvidence, extravagance, fraud and corruption. To further these objectives, the governing board is adopting internal policies and procedures governing all procurements of goods and services which are not made pursuant to the competitive bidding requirements of General Municipal Law, Section 103 or of any other general, special or local law.

2. PROCEDURES FOR DETERMINING WHETHER PROCUREMENT ARE SUBJECT TO BIDDING:
The procedures for determining whether a procurement of goods and services is subject to competitive bidding and documenting is not required by law is as follows:

Procedure: The Town will determine if the proposed procurement is a purchase contract or a contract for public work. The threshold for purchase contract for material, equipment and supplies is $10,000.00 and for public work is $35,000.00. Any expenditure exceeding this amount is subject to competitive bidding. The Town shall determine whether these are exceptions to competitive bidding and whether requirements exist.

Documentation: Public advertisement, verbal or written quotes.

3. STATUTORY EXCEPTIONS FOR THESE POLICIES AND PROCEDURES:
Except for procurements made pursuant to General Municipal Law,
Section 103 (3) (through county contracts) or Section 104 (through state contract), State Finance Law, Section 175-b (from Agencies for blind or severely handicapped), Correction Law, Section 186 (articles manufactured in correctional institutions), or the items excepted herein (see below), alternative proposals or quotations for goods and services shall be secured by use of written requests for proposals, written quotations, verbal quotations or any other method of procurement which furthers the purposes of General Municipal Law, Section 104-b.

METHODS AND ADEQUATE DOCUMENTATION OF COMPETITION TO BE

USED FOR NON BID PROCURMENTS:
The methods of procurement and documentation to be used are as follows: A Purchase Order System will be instituted in all department of the Town. This procedure will begin July 1, 1998.
The Town shall require the following methods of competition to be used and source of documentation maintained when soliciting non bid procurements in the most cost effective possible, and any purchase in excess of $250. shall be approved by the Supervisor in advance of the purchase.

A. Purchase contract up to $10,000.00
                Under $100.           0 -- Verbal Quotes
                $100-500                2 -- Verbal Quotes
                $500-1,000             3 -- Verbal Quotes
                $1,000-5,000          3 -- Written Quotes
                $5,000-9,999          3 -- Written Quotes

      Contract for Public Work below $35,000.00
                Under 1000          =    0   -- Quotes
               $1,000.-$5,000 . =    3 -- Verbal Quotes
                $5,000.-$10,000 .=    3 -- Written Quotes
              $10,000                =   more than 3 Written Quotes

B. Emergencies: Verbal quotes. Documentation will include notations of verbal quotes.

C. Insurance: Written quotes. Documentation will include written quotations or verbal can be used.

True Leases: The courts have held that true lease agreements are neither purchases nor contracts for public work thus not subject to bidding.

Documentation shall include written quotes. Cost analysis of leasing versus purchasing.

Sole Source: Competitive bidding is not required - written or verbal quotes. There is only one possible source from which to procure goods and

services required in public interest and it is further determined that such item is available only from one source so that no
possibility of competition exists.

Second-Hand Equipment From Other Governments: When the Town purchases surplus or second-hand supplies, materials, or equipment from

the Federal or State governments or from any other political subdivision or public benefit corporation within the State. The Town
shall maintain market price comparisons (verbal or written quotes) and the name of the government entity.

G. Professional Services: Request for proposals (RFPs) will be used as a means of obtaining all types of professional service. RFPs will be used to
obtain the service of architects, engineers, accountants, lawyers, fiscal consultants, and other professionals. The frequency of
solicitation will be at the discretion of the Board.

5. AWARDS TO OTHER THAN LOWEST RESPONSIBLE DOLLAR OFFERER:
Whenever any contract is awarded to other than the lowest responsible dollar offer, the reasons such an award furthers the purpose of General Municipal Law, Section 104-b as set forth herein above shall be documented as follows:
Documentation must be fact: For example is a vendor submits lowest proposal and does not deliver on time or product is of inferior quality such facts might justify taking other than lowest offer.

ITEMS EXCEPTED FROM POLICIES AND PROCEDURES BY BOARD:

The Board sets forth the following circumstances when, or types of procurements for which, in the sole discretion of the governing body,
the solicitation of alternative proposals or quotations will not be in the best interest of the Town.
a.     An emergency where time is a crucial factor.
b.     Procurements for which there is no possibility of competition.

Procurements of professional services which because of the confidential

nature of the services, do not lend themselves to procurement through solicitation.

Very small procurements for which solicitation of competition would not be cost effective.

7. INPUT FROM OFFICERS:
Comments concerning the policies and procedures shall be solicited from officers of the political subdivision or Town therein involved in the procurement process prior to the enactment of the policies and procedures, and will be solicited from time to time hereafter.

8. ANNUAL REVIEW:
The governing board shall annually review these policies and procedures. The Town’s Independent Auditor shall be responsible for conducting an annual review of the procurement policy and for an evaluation of the internal control structure established to ensure compliance with the procurement policy.

9. UNINTENTIONAL FAILURE TO COMPLY:
The unintentional failure to fully comply with the provisions of this General Municipal Law, Section 104-b shall not be grounds to void action taken or give rise to a cause of action against the Town of Lexington, New York or any officer or employee thereof.

10. SOLICITING PRICES WHEN BIDDING NOT REQUIRED:
Whenever there shall be a purchase of material, equipment or supplies or for public work, exceeding $2,000.00 but less than $10,000.00 there shall be a solicitation of quotes, with documentation, from a least two (2) vendors. Whenever there shall be a purchase of public work, exceeding $10,000.00 but less than $35,000.00 there shall be a solicitation of quotes, with documentation, from at least three (3) vendors.

11. TOWN SUPERVISOR OR BOOKKEEPER:
Responsible for the following:

Receiving all required procurement documentation from the Purchases.
Checking the payment calculations to verify correctness.
Preparing a payment check up approval of the Town Board. Note: The bookkeeper shall not prepare any procurement payment until receipt of all completed documents specified in this policy.
Maintaining a central file of all procurement records for audit and tax preparation purposes.

Adopted at Lexington Town Board Meeting on February 2, 2010
Benefit Policy

Supervisor Greg Cross reviewed the Benefit Policy with the Council Members, and Supervisor Greg Cross thought that under Vacation Benefits -- The following underlined sentence should be removed, "Upon leaving Town service, employee will be compensated for unused vacation time for the current year." A discussion was held and it was decided to remove the line.

Resolution #34-10
Approve the Benefit Policy for Town of Lexington

On a motion by Council Member Glenn Howard, seconded by Council Member John Berger, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, & Berger
Nays - 0

This Town Board moves to adopt the "Benefit Policy for the Town of Lexington" as stated below,

TOWN OF LEXINGTON BENEFIT POLICY
Approved by Resolution #34-10 on 2-2- 2010

Elected officials are eligible for all benefits, as determined by the Town Board.

SICK BENEFITS
Sick time benefits shall be accrued at 8 days each year (for all full-time elected officials). Any employee taking sick time after two (2) consecutive days will be required to have a doctor’s certification before benefits are paid. Sick time may be accrued from year to year. Maximum benefit will be 165 days, and sick days cannot be used for vacation days. Upon retirement, any unused sick days can be used as additional service credit.

VACATION BENEFITS
All full time elected Officials employed by the Town for one year shall be eligible for 2 weeks vacation, and an
additional 1 day added for each year thereafter --- up to 4 weeks, which is the maximum vacation benefit that any person can receive. Department Head approval is necessary before any vacation time is granted.

HEALTH INSURANCE BENEFITS

All elected and appointed officials working full time may receive 100% paid health insurance at the discretion of the Town Board. The Town Board must approve this benefit. Part-time employees, elected or appointed officials are not eligible for this benefit unless approved by the Town Board. The part time employee, elected, or appointed official, will pay a portion of the monthly premium. The Town Board will approve this amount.

PAID HOLIDAYS
Paid holiday benefits are to permanent full time employees, elected and
appointed officials working full time. Paid holidays are:

                1. New Years Day                                                7. Columbus Day
                2. Martin Luther King Day                                8. Election Day
                3. Presidents Day                                                   9. Veterans Day
                4. Memorial Day                                                10. Thanksgiving Day
                5. July 4th                                                                                     11. Christmas Day
                6. Labor Day

PERSONAL TIME BENEFIT
Two days each year shall be granted for personal use to all full times permanent employees, elected and appointed full time officials. This benefit cannot be accumulated and if not used in the fiscal year shall not be carried over to the following year. No financial compensation for unused personal time benefit when employee leaves Town service.

JURY DUTY

The town will pay an employee for Jury Duty for any regular scheduled working day. However, if the employee is not scheduled to work, the court system will pay their allotted sum.

BREAVEMENT TIME
Three Days paid to full time employees, or full time elected or appointed officials who suffer a death in the immediate family. The immediate family to be considered as spouse, children, significant other who resided with the employee for six (6) months or more at time of death, parents, parents-in-law, or siblings.

Health Insurance Buy Out

Attorney for the Town, Tal Rappleyea, wrote up language to be inserted in the Town of Lexington Employee Handbook at the end of the Health Insurance Benefits section.

"Following an annual review of the below factors, the Town Board may agree to provide a "buy-out" to a employee who is otherwise eligible to receive health insurance through the Town, but opts to obtain such insurance through an alternative source. The amount of such buy-out shall be in the amount equal to the cost of such alternative insurance OR the cost of the insurance to the Town through its' own policy, whichever is less. The buy-out may only be paid to those qualifying employees who have not been covered by the Town's health insurance policy for any period of time during the calendar year in which the buy-out is to be made. The buy-out shall be paid to the employee during the final pay period of the calendar year and shall be paid as an addition to the employee's income, with all applicable payroll and other deductions applied thereto."

A discussion was held on the health insurance buy-out, and Council Member John Berger said that he felt that a dollar amount should be inserted, so that it states a specific amount of money. More discussion was held.

Council Member Lynn Byrne made a motion to approve the insertion into the Employee Handbook, but there was no second.

Resolution # 35-10 ---- Rescinded
Table the Health Insurance Buy-out & Review

On a motion by Council Member John Berger, seconded by Council Member Keith Mellott, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, & Berger
Nays - 0

This Town Board moves to table the health insurance buy-out and review it further with the Handbook for the Town of Lexington.

More discussion was held on the health insurance buy-out.

Resolution # 36-10
Rescinding Tabling of the Health Insurance Buy-out & Accept

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

This Town Board shall rescind the previous resolution where the buy-out was tabled -- (Resolution #35-10), and shall go forth with the health insurance buy-out as stated in the statement from Attorney Tal Rappleyea, which will be added to the Employee handbook and reviewed every year.

Real Property Tax Exemptions

Supervisor Greg Cross said that Assessor Georgette Krauss said that she felt that the Senior Citizen Maximum Income Limit of $19,500 (base amount excluding sliding scale) should be kept the same as last year, and the Disabled Maximum Income Limit of $19,500 (base amount excluding sliding scale) should also be kept the same. The Town Board members agreed.

Resolution #37-10
Senior Citizen & Disabled Tax Exemptions – Maximum Income Limits

On a motion by Council Member Keith Mellott, seconded by Council Member Lynn Byrne, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Berger, Howard, & Mellott,

Whereas, the Town of Lexington opted in 2009, to set the Senior Citizen Maximum Income Limit at $19,500, and the Disabled Maximum Income Limit at $19,500.,
Therefore, This Town Board under the recommendation from Assessor Georgette Krauss moves to keep the following limits the same for 2010 -- Senior Citizen Maximum Limit at $19,500., and the Disabled Maximum Income Limit at $19,500.

Mileage Compensation / Amend Resolution

Resolution #38-10
Amend Resolution # 11-10 -- Mileage Compensation & Dinner Compensation

On a motion by Council Member Glenn Howard, seconded by Council Member Keith Mellott, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Berger, Howard, & Mellott.

This Town Board moves to amend Resolution #11-10 made on January 5th, 2010 by adding; “The IRS rate per mile for the current month”, and remove “the rate which is set by the IRS at the current time”

Clerk’s Conference

Resolution #39-10
Attend the Town Clerk’s Conference

On a motion by Council Member Glenn Howard, seconded by Council Member Keith Mellott, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Berger, Howard, & Mellott.

This Town Board resolves to authorize Town Clerk, Rose Williams to attend the Town Clerk’s Conference in Saratoga from April 25th to 28th, 2010.

Deputy Code Enforcement Office

Supervisor Greg Cross said that the current Deputy Code Enforcement Officer doesn’t want to do the job anymore, so the town will need to advertise the position in the near future.

Appointments

Resolution #40-10
Appointments & Salaries

On a motion by Supervisor Greg Cross, seconded by Council Member Lynn Byrne, the following resolution was
ADOPTED
Ayes - 5 - Cross, Byrne, Berger, Howard, & Mellott.

Resolved, that this Town Board makes the following appointments and salaries:

            Dixie Baldrey ………… Third Deputy Town Clerk @ 12.00 per hour (Town Clerk Appointment)
            Mary Cline …………… Assistant Supervisor @12.00 per hour with 12 hours every two weeks
            Mountain Top Business Services … Bonnie Ford …. Bookkeeper @ $650. per month plus payroll

Historian Report

Supervisor Greg Cross read the Annual Report from Historian Karen Deeter and Deputy Historian Jannel Mellott to the public, which was very informative. The reports are on file in the Town Clerk’s Office.

Resolution #41-10
Accept Historian & Deputy Historian Reports / 2009

On a motion by Council Member Glenn Howard, seconded by Council Member John Berger, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Berger, Howard, & Mellott.

This Town Board moves to accept the 2009 Report from Historian Karen Deeter, and the 2009 Report from Deputy Historian Jannel Mellott.

Code Enforcement Report

Supervisor Greg Cross read the Year End Report for 2009 from the Code Enforcement Officer, James Boyle to the public and it will be on file in the Town Clerk’s Office.

Resolution #42-10
Accept Code Enforcement Report for 2009

On a motion by Council Member Keith Mellott, seconded by Council Member Glenn Howard, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Berger, Howard, & Mellott.

This Town Board moves to accept the 2009 Report from Code Enforcement Officer, James Boyle.

Highway Garage

Supervisor Greg Cross said that the town needs to put money into the building or start elsewhere. A discussion was held, and Supervisor Cross said that there is a water problem in the floor of the garage. Supervisor Cross suggested that a something should be done made to eliminate the water in the middle of the floor by putting in a new concrete floor. More discussion was held, and it was decided that Council Member John Berger and Supervisor Gregg Cross would come up with a plan for the new floor in the highway garage.

Public Concerns

Ralph Albino said that he would like to make note that Scott Griffin should come back to the Planning Board for his review because he was suppose to come back in a six month time frame to report on the progress at the Lexington Hotel project.

Ralph Albino said that he would like an update on what is happening with the ambulance service, and he thought that the town and rescue squad should work together on it. Supervisor Cross told Mr. Albino that he and Council Member Lynn Byrne, Council Member Glenn Howard, and Carolyn Bennett had met previous to the meeting, and is trying to make progress.

Ralph Albino said that he was third party to a conversation, and was surprised that there isn’t an alarm or burglary system in this Municipal Building. He went on to say that he thought that it should be looked into because of what happened in the Town of Ashland.

Elizabeth Hapeman said that she thought the Rescue Squad could get more participants to volunteer and work with the squad if you went out and recruited them individually and asked people personally.

Dixie Baldrey said that in light of what happened in the Town of Ashland ………… is all of the records housed here or elsewhere. Supervisor Greg Cross said that Mike Flynn, the Greene County Clerk is working on getting a grant from the State where they can take in records for storage from the Greene County towns who wish to participate.

Council Member Glenn Howard said that he hasn’t received his package yet from JNS Towers, LLC regarding the cell tower information, but hoped to have the updated information and the names of the representative soon.

Council Member Glenn Howard also gave a report on the Snowmobile Club and that they have acquired more acres to maintain with more trails to ride on in the area of Bear Pen Mtn.

Correspondence – Received notice from NYC DEP that they are purchasing Parcel # 126.00-1-37 from Robert
Sainato, which is 169 +/- acres on Beech Ridge Road in the Lexington, NY.
Audit the Bills

RESOLUTION #43-10
PAY THE BILLS

On a motion by Council Member Glenn Howard, seconded by Council Member Keith Mellott, the following resolution was
ADOPTED - Ayes - 5 - Cross, Byrne, Howard, Mellott, Berger.
Nay – 0

Resolved, that this Town Board, having audited the following General Fund Vouchers # 14 through # 48, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract # 2, General Fund, on the Supervisor for payment of $24,170.88

Resolved, that this Town Board, having audited the following Highway Fund Vouchers # 5 through # 23, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract #2 Highway Fund, on the Supervisor for payment of $ 20,100.65

Adjourn

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

Supervisor Greg Cross adjourned the meeting.

   Respectfully submitted, Rose Williams,


Town Clerk, RMC
Town of Lexington