Board Meeting

February 3, 2009

The Regular Meeting of the Town Board of the Town of Lexington was called to order on February 3, 2009 at 7:00 P.M., by Supervisor Dixie Baldrey at the Lexington Municipal Building, followed by the pledge of allegiance.
Supervisor Dixie Baldrey asked that the public keep the people that are sick in their prayers.

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

ABSENT: Councilmember ………………………….Lynn Byrne     

OTHERS PRESENT: Ralph Albino, Glenn Howard, and Mike Ryan (Windham Journal Rep.)

Resolution #21-09
Adopt Local Law No. 1 of 2009

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

                This Town Board of the Town of Lexington moves to adopt Local Law No. 1 of 2009, entitled “Establishing Income Levels for Real Property Taxes for Senior Citizens”, and it reads as follows:

LOCAL LAW No. 1 OF 2009
TOWN OF LEXINGTON
SENIOR CITIZEN REAL PROPERTY TAX EXEMPTIONS

Be it enacted by the Town of Lexington as follows:

Section 1.              Title

This Local Law shall be known as “A Local Law Establishing Income Levels for Real Property Taxes for Senior Citizens.”

Section 2.              Authorization
This local law is enacted pursuant to the requirements set forth in the New York State Real Property Tax Law §467 to establish real property tax income levels for citizens who are 65 (sixty-five) years of age or older.

Section 3.              Exemption Levels
The Town of Lexington hereby adopts as the maximum level of income for persons eligible for the within exemption as $19,500.00 (Nineteen Thousand and Five Hundred  Dollars).  The “sliding scale” provisions of New York Real Property Tax Law §467 (1)(b)(1) are also hereby adopted.

Section 4.              Repealer
Any prior local law currently in existence which is inconsistent with the terms of this local law is hereby repealed.

Section 5.              Effective
This Local Law shall take effect immediately in accordance with the requirements of the New York State Municipal Home Rule Law

Resolution #22-09
Adopt Local Law No. 2 of 2009

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

                This Town Board of the Town of Lexington moves to adopt Local Law #2 of 2009, entitled “Establishing Income Levels for Real Property Taxes for Disabled and Low Income Citizens”, and it reads as follows:

Resolution # 22-09 – Continued

LOCAL LAW # 2 OF 2009
TOWN OF LEXINGTON
DISABLED AND LOW INCOME CITIZEN
REAL PROPERTY TAX EXEMPTIONS

Be it enacted by the Town of Lexington as follows:

Section 1.              Title
This Local Law shall be known as “A Local Law Establishing Income Levels for Real Property Taxes for Disabled and Low Income Citizens.”

Section 2.              Authorization
This local law is enacted pursuant to the requirements set forth in the New York State Real Property Tax Law §459-c to establish real property tax income levels for disabled and low income citizens.

Section 3.              Exemption Levels              
The Town of Lexington hereby adopts as the maximum level of income for persons eligible for the within exemption as $19,500. (Nineteen Thousand-Five Hundred Dollars).  The “sliding scale” provisions of New York Real Property Tax Law §459(c) are also hereby adopted.

Section 4.              Repealer
Any prior local law currently in existence which is inconsistent with the terms of this local law is hereby repealed.

Section 5.              Effective
This Local Law shall take effect immediately in accordance with the requirements of the New York State Municipal Home Rule Law.

Resolution #23-09
Adopt Local Law #3 of 2009

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

                This Town Board of the Town of Lexington moves to adopt Local Law No. 3 of 2009, entitled. “To Provide For An Exemption From Real Property Taxes for Real Property Owned By Veterans Who Rendered Military Service To The United States During The “Cold War” and it reads as follows:
LOCAL LAW NO. 3-09

A LOCAL LAW TO RPOVIDE FOR AN EXEMPTION FROM REAL PROPERTY TAXES FOR REAL PROPERTY OWNED BY VETERANS WHO RENDERED MILITARY SERVICE TO THE UNITED STATES DURING THE “COLD WAR”

BE IT ENACTED by the Town Board of the Town of Lexington as follows:

WHEREAS, Section 458-b of Real Property Tax Law authorizes a limited exemption from real property taxes for residential real property owned by veterans who rendered military service to the United States during the “Cold War”; and

WHEREAS, Section 458-b of the Real Property Tax Law authorizes municipalities to establish maximum exemption amounts; and

WHEREAS, in regard to “Cold War” veterans who own residential real property within the Town of Lexington, it is the desire of the Lexington Town Board to authorize the “Cold War” veterans exemption and establish maximum amounts;

SECTION 1.
 In accordance with the provisions of Section 458-b of the Real Property Tax Law of the State of New York residential real property owned by veterans who rendered military service to the United States during the “Cold War” shall be exempt from town taxation. 

Resolution #23-09 – Continued

SECTION 2.
The maximum exemptions allowable from town real property taxation pursuant to Section 458-b of the Real Property Tax Law shall be 10% of the property’s assessment, not to exceed 8,000 multiplied by the latest final state equalization rate for service during the “Cold War” and a percentage of the property’s assessment equal to one-half of any service connected disability rating not to exceed 40,000 multiplied by the latest final state equalization rate, and;

SECTION 3.
This Local Law shall take effect immediately upon its filing with the Secretary of State. 

Minutes

Resolution #24-09
Approve the Minutes

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

                This Town Board resolves to approve the minutes of the Organizational Meeting held on January 6, 2009.   

Resolution #25-09
Approve the Minutes

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

                This Town Board resolves to approve the minutes of the Special Meeting held on January 9, 2009.
               
Financial Report

                The Town Board Council Members reviewed the Financial Report that was presented by Supervisor Dixie Baldrey.

Resolution #26-09
Accept the Financial Report

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

                This Town Board moves to accept the Financial Report dated January 31, 2009, as presented by Supervisor Dixie Baldrey.

Mega Electric Service

                Councilmember Paul Van Valkenburgh and other Board Members reviewed the Integrys Energy Service of New York that was given out by Supervisor Dixie Baldrey from their Company.  The Town Board Members decided that they should go with the company and try their plan out.     There were some question, so Supervisor Dixie Baldrey will contact them for answers, but the Supervisor asked for a resolution to go ahead with plan if the questions were answered to her satisfaction.   The projected cost figured out to be $300.00 per/month from the Intergrys Energy Services of NY, versus $380.00 per/month for Central Hudson.   Supervisor Baldrey also said that she was told that they could go back to Central Hudson with no problem if it doesn’t work out.  

Resolution #27-09
Accept the Plan from Integrys Energy Services of NY

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

                This Town Board moves to accept and participate in the Mega Energy Program from Integrys Energy Services of NY.

Emergency Procedures – Town of Lexington

                Supervisor Baldrey gave the Emergency Procedures which will be used by the town in and emergency to the Town Board Members and asked them or any additions or deletion.  The Supervisor asked the Board Members to make up a list of names of the elderly or needy residents in the town who might need help at the time of an emergency.
                Supervisor Dixie Baldrey went on to say that she had received a suggestion from Jim Boyle --- saying that a radio station had received a generator from an engineering firm to help them out when the electric goes off, and thought that maybe the Town of Lexington could contact the engineering firm of Lamont Engineering to see if the town could get one for their emergencies.   The generator could be used at the shelter at the time of the emergency.   Further discussion was held.
                Ray Albino said that he would go on the computer to see if home land security has any options in getting a generator.   

Employee Handbook

Supervisor Dixie Baldrey said the Town of Lexington needs to update and pass the Town of Lexington “Employee Handbook” so that it is available for the Insurance Co.
Council Member Paul Van Valkenburgh said that a change needed to be made under “Travel Allowance” at the same fixed mileage rate as the Internal Revenue Service, which would be replacing, fixed mileage per mile)

Resolution #28-09
Adopt the Employee Manual

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

                This Town Board moves to adopt the Employee Manual as of February, 2009, and a copy is on file at the Town Clerk’s office for review.

Judge Basil

                Judge Robert Basil, at the suggestion of the Retirement Board, said that he should change his reportable hours for retirement.  They have given the town a formula to reconfigure his hours so that it would increase his hours, which would make him eligible to collect some degree of retirement.   The NYS Retirement has supplied the information so there is no objection on their part.

Resolution #29-09
Judge Basil – Reportable Hours/Retirement System

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

                This Town of Lexington Town Board approves the recommendation from the NYS Retirement System to change the reportable hours which is reported for Judge Robert Basil.
 

Highway Union Contract

Resolution #30-09
Adopt Highway Union Contract

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

                This Town of Lexington Town Board agrees to the “Agreement between Town of Lexington and The Laborers’ International Union of North America, Local No. 17, for the Highway Department Employees for a period from January 1, 2009 thru December 31, 2012

Correspondence

                Supervisor Dixie Baldrey sent a letter of congratulations to the Windham, Ashland, Jewett, Lexington Golden Agers on their 35th Anniversary, and it was read to Town Board members. 

                Received a letter from the Catskill Mountain Housing Development Corporation regarding funding they received for two community programs. 

Computer Maintenance

                Supervisor Dixie Baldrey had a computer maintenance contract from  My Computer MD’s, P.O. Box 45, West Kill, NY for monthly maintenance for 6 on site computers, which includes Microsoft updates, security patches, and spy ware for $120.00 a month.  

Resolution #31-09
Adopt Maintenance Contract / 6 Computers

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

                This Town Board moves to approve the Computer Maintenance Contract for six (6) on site computers (Bookkeeper, Code Enforcement, Town Clerk, Assessor, Historian, & Court) with My Computer MDs. (Joe Arangio)  PO Box 45, West Kill, NY at a cost of $120.00 per month. 

Ambulance Application

                Supervisor Dixie Baldrey said that the ambulance application is becoming more burdensome than the town can deal with, and Councilwoman Lynn Byrne had been working on it, but asked if someone like Carolyn Bennett could be hired to complete what needs to be done on the application.    A discussion was held.   

Resolution #32-09
Hire Carolyn Bennett to Complete Ambulance Application

                On a motion by Supervisor Dixie Baldrey, seconded by Council Member Paul Van Valkenburgh, the following resolution was
ADOPTED - Ayes - 4 - Baldrey, Mellott, Nelson, Van Valkenburgh
                    Absent – Byrne
                    Nays – 0

                This Town of Lexington Town Board moves to hire Carolyn Bennett to complete the Ambulance Application.

Resolution #33-09
Official Delegate to Association of Towns

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

                Resolved, that this Town Board authorizes Dixie Lou Baldrey to be the official delegate to the Association of Town 2009 Annual Meeting in New York from February 15th to 18th, 2009.

 

Resolution #34-09
Attend the Town Clerk’s Conference 

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

                Resolved, that this Town Board authorizes Town Clerk, Rose Williams to attend the
Town Clerk’s Conference in Rochester from April 26th to 29th, 2009.

Maintenance Person

Supervisor Dixie Baldrey wrote out a notice to put in the local newspaper to advertise for a maintenance person, which was approved by the Town Board Members.   The Town Clerk will put the advertisement in the Help Wanted Section of the local newspaper.  

Grievance Day

                Supervisor Dixie Baldrey said that back in 1997, a Local Law was passed for Grievance Day to be held on a Wednesday because the Assessor worked for the Town of Jewett and Lexington at the same time.   So, since she is only the Assessor now in the Town of Lexington, the State would like the Grievance Day changed back to the fourth Tuesday of the Month --- like it is in every other town.   Attorney Tal Rappleyea has been contacted for his opinion on the procedure, and Assessor Georgette Krauss has given a copy of the new Local Law to the Town Clerk after the meeting, which will be passed on to the Town Board Members.    

2008 Year-End Report
          Code Enforcement Officer - James Boyle
          Historian – Karen Deeter

                Code Enforcement Officer, James Boyle, presented his 2008 Code Enforcement Report.  He reported issuing 7 new single family residences, 5 additions to single family residence, 26 for decks, garages, sheds & etc., 6 demolition permits, and 2 sign permits.  Mr. Boyle also issued Certificate of Occupancy’s & Completions, had 10 notices of violations, and did a final report of the funds collected.  Report is on file in the Town Clerk’s office.

                Historian, Karen Deeter, presented her 2008 Historian Report, and it is on file in the Town Clerk’s office.

Next Meeting

                Supervisor Dixie Baldrey gave the Council Members copies of the Town of Lexington Benefit Policy, Investment Policy for Town of Lexington, and the Purchasing Policy and Procedures. She asked them to review them and be prepared to go over them at the next meeting of March, 2009.

Correspondence  
 
                Received a letter from Kristen Gillibrand regarding grant fund.
                Received a letter from the Cornell University Cooperative Extension / Ulster County asking to designated two people from the Town of Lexington to serve on the Ashokan watershed Stream Management Programs,
                A letter from the Hunter Foundation, Inc. asking for a letter of support who is currently preparing an application to NYS Division of Housing and Community Renewal’s HOME Program for grant funds to create a program to assist property owners with necessary building repairs.   Supervisor Baldrey will write the letter of support.

Public Concerns

                Glenn Howard said that he would like to thank the Town of Lexington Town Board for their support towards their Snowmobile Club.  They received funding from the state and the trail which starts near Stanley Sutton’s home in Little West Kill… goes to Halcott and beyond.    They are appreciative of the efforts that the Town has showed them. 
                Glenn Howard asked the Town Board what charitable organization they would recommend in town, so they can donate money --- because the snowmobile club is wanting to give back to the community in some way.   They suggested that the contribution could be given to the Youth Program.  

                Ray Albino said that he has been talking to the Cell Tower people and they are hung up on the Municipal Building location.    A discussion was held.

 

Resolution #35-09
Pay The Bills

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

                Resolved, that this Town Board, having audited the following General Fund Vouchers #  12 through # 41, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract # 2 General Fund, on the Supervisor for payment of $19,895.67

                Resolved, that this Town Board, having audited the following Highway Fund Vouchers
# 5 through # 18, inclusive, hereby, order them paid and directs the Town Clerk to draw Abstract # 2 Highway Fund, on the Supervisor for payment of $15,772.86

                Resolved, that this Town Board, having audited the following Special Lighting District Vouchers  # 2, hereby orders them paid and directs the Town Clerk to draw Abstract # 2, Special Lighting District Fund, on the Supervisor for payment of $ 210.23.

Adjourn

                Council Member Paul Van Valkenburgh made a motion to adjourn the meeting, seconded by Council Member Keith Mellott.  All agreed.

                Supervisor Dixie Baldrey adjourned the meeting.  

                                                                                                                                Respectfully submitted,

 

                                                                                                                                Rose Williams,
                                                                                                                                Town Clerk, RMC