Board Meeting 2/06/2007

 

The Regular Meeting of the Town Board of the Town of Lexington was called to order on February 6, 2007 at 7:30 P.M., by Supervisor Dixie Baldrey at the Lexington Municipal Building, followed by the pledge of allegiance.

A moment of silence was observed in memory of Flora Dart and Curt Dempster.

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

ABSENT: Councilmember ………………………. Maurice Nelson
Superintendent of Highways.....……... Larry Cross

OTHERS PRESENT: Nancy Kizyma, Elizabeth Hapeman, and Mike Ryan (Windham Journal Rep.).

RESOLUTION # 20-07
AMEND THE MINUTES

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

This Town Board resolves to amend Resolution #16-07 in the minutes of the Organizational Meeting by adding the appointment of; “Maintenance Man …….. James Boyle”, to the list of “Appointments”, and;

It further resolves to amend Resolution #18-07, and add the salary of the appointed maintenance man to the list @ $10.62 per hour.

RESOLUTION # 21-07
APROVAL OF THE AMEMDED MINUTES

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

This Town Board resolves that the minutes of the Organizational Meeting that was held on January 3, 2007 be accepted and approved after amending Resolution #16 & 18 of 2007.

Financial Report

Supervisor Dixie Baldrey said that each one of the council members had a copy of the financial report before them and asked if there was any discussion or questions. The Town Board members reviewed the report. The report was discussed and Supervisor Dixie Baldrey said that 2% of the budget has to be kept in reserve according to New York State. Therefore, Sixteen Thousand and change has to be kept in the budget for the reserve, which would leave a balance of $121,000. in the unexpended funds. Supervisor Baldrey received a note from the auditing firm on what the excess funding can be use for, and they said that it could be used for any legal purpose. Councilman Paul Van Valkenburgh asked if there was any funds left over in 2005, and where did that money get put. Supervisor Dixie Baldrey thought that is was probable in the CD’s, and said that she would need to research that budget to see where the fund balance of 2005 was applied. Councilman Van Valkenburgh said that he would like to start setting up a fund for a new highway garage with some of the extra funds. More discussion was held on the funds.
Councilmember Keith Mellott asked what the balance due was on the two green highway trucks and a discussion was held. Supervisor Dixie Baldrey said that she would find out the balance due on the trucks and when they will be paid off.

RESOLUTION #22-07
APPROVE FINANCIAL REPORT

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

Resolution #22-07 -- Continued

It is resolved that this Town Board approves of the Financial Report as submitted by Supervisor Baldrey for January 2007.

Procurement Policy

Supervisor Dixie Baldrey reviewed a policy from the Town of Somerset along with the one that the Town of Lexington has now --- to come up with a updated Procurement Policy that would work for the town. She did deletions and insertions to make a copy for the Council Members to review. Supervisor Baldrey went over the purchasing policy with the Board Members. A discussion was held with the Town Board members and it was decided that they should review the draft at home and do the final draft at the March meeting.

Code Enforcement Inspection / Municipal Building

Code Enforcement Officer James Boyle did a “Public Assembly Inspection” of the Municipal Building and found a few violations which were reviewed. The violations addressed were; an extension cord taped to the floor that was removed, hot water heater that was fixed to give out hot water, and the paint cans in the basement that will be disposed of soon. The other thing that is still being addressed is the loose bricks on the outside of the building, which is in the process of getting bid specifications made up from an engineer, so it can be put out for bids, and fixed.

Lamont Engineers / Doug Van Duesen

Supervisor Dixie Baldrey received an e-mail from Doug Van Duesen, from Lamont Engineers, regarding his review of the Town Hall bricks, because he came to inspect the building brick work where the mortar is loose or popping out.
The Town Board Members discussed the repair of the outside of the building, and thought that they needed a formal bid package made up, so that the town would be able to advertise for bid proposals to get the job done. Councilmember Keith Mellott suggested that the town should ask Richard Banks if he would over see the project or give some input to what he thinks needs to be done. Supervisor Dixie Baldrey will contact Richard Banks and Doug Van Duesen to see if they can get together to proceed with the repair of the brick work.
Council member Keith Mellott also suggested that someone should oversee the project, once the bid has been awarded to someone ---- to make sure it gets done right.

Reappoint Assessor

Supervisor Baldrey said the Assessor needs to be reappointed to the Sole Assessor position, because she resigned last month. .

RESOLUTION #23-07
REAPPOINT ASSESSOR

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

It is resolved that this Town Board appoints Georgette Krauss as Sole Assessor for the Town of Lexington with a term that will expire September 30, 2007.

Council Member Keith Mellott said that he had a quick question on the tax assessments ---- he said that he has noticed that the assessments for people in Lexington was 74%, when Jewett is at !00%.
Council Member Paul Van Valkenburgh said that the equalization rate for each town is different. He went on to say that he talked to the assessor and she has been having trouble for years with the state.
Supervisor Dixie Baldrey said that Assessor Georgette Krauss is going to come to the March meeting because they have been talking about reassessing, and part of the reason the equalization is low – is because the town hasn’t reassessed property lately. The town chose not to reassess because the last reassessment that the town did – there was very large increases, and so with the high prices of property and whatever – they chose to kind of let it ride for a bit. Supervisor Baldrey went on to say that the Assessor has some ideas that she would like to discuss with the Town Board, and therefore will put the information together and attend the March meeting.

Resignation

A letter of resignation was received from Constance Mangano, as a member of the Zoning Board of Appeals because she is moving away. Her resignation was received on January 8th, 2007. Supervisor Dixie Baldrey asked for a motion to accept her resignation with regret.
RESOLUTION #24-07
ACCEPT RESIGNATION / Z.B.A. MEMBER

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

This Town Board accepts the resignation of Constance Mangano as a member of the Zoning Board of Appeals because she moving from the area.

The Town now needs a replacement for Zoning Board of Appeals Member – Betty Hapeman suggested asking Anne Marie Phelan, and Supervisor Baldrey will look into it.

Emergency Preparedness Plan --- Date to complete – set for February 28th, 3:00 PM
(Matt, Paul V.V., Lynn B., and Dixie B)

Date for Snowmobile Agreement

Supervisor Dixie Baldrey said that the Town Board members should get together to draft a snowmobile agreement for the snowmobile club because they wanted the town to sponsor them so that they could apply for grants and funds from NY State. But, Supervisor Baldrey said that she wanted a formal agreement with both sides signing the agreement, and there would be certain restrictions that would go along with the sponsorship. The Town Board Members agreed to meet on March 6th, 2007 at 6:30 PM, before the next regular meeting to draft the snowmobile agreement.

Real Life Imaging Contract

The Town Board Members reviewed the service contract with Real Life Imaging for the town computers. It is for six computers with unlimited visits --- they have scheduled four cleanings for the first Monday of every third month. The total amount for contract is $1,720.00.

Tree Estimates

Supervisor Dixie Baldrey said the town has contacted several companies for tree trimming proposals for the trees on the property line between the town and the Casella property. The supervisor said that she has only received one estimated so far on the trimming. Carl Steen has agreed to give a proposal, but would like to do it in May when the buds are coming out on the trees.

Local Law Public Hearings

** Local Law #1 of 2007 – “A Local Law Establishing Income Levels for Real Property Taxes for Disabled and Low Income Citizens“ – Public Hearing set for February 22, 2007 @t 6:30 PM

** Local Law #2 of 2007 – “A Local Law Establishing Income Levels for Real Property Taxes for Senior Citizens“ – Public Hearing set for February 22, 2007 @ 6:45 PM

Local Law for New Building Codes that NYS Dept. of Codes

Attorney Tal Rappleyea sent a Local Law to the Town that he is recommending that the town should adopt in order to have an easier time with code violation enforcement. The Local Law was given to all the Town Board Members and it will be reviewed before a Public Hearing is set to adopt the law. Code Enforcement Officer, James Boyle also has a copy of the law.

Status of Unsafe Buildings

* The Jaroslawa Gerulak’s property is in the courts. There was no response from the owner in the past.
* Tom Murphy, the owner of the old post office has taken down the part of the building that was falling down, but NYS DOT has put a hold on further work because they are going to install a guide rail in front of the building. A question was brought up about the use of the sidewalk on the bridge because it gets a lot of use. A discussion was held. Supervisor Dixie Baldrey said that the object in the beginning was that the NY State DOT would put in the guide rail so the gentleman could take down the rest of his unsafe building.
* Robert & Patricia Murphy’s cabins that were along Route 42 have been torn down and burned. They are gone.
* Peggy Moorman property – the back part of the building has been torn off and a contractor will do some work inside.
* Hartnett Property – Attorney Tal Rappleyea reported to Supervisor Baldrey that Mr. Hartnett would like to hold onto the property and would like to do a lease agreement with the town for 99 years for $1.00 per year. Pay all the taxes and all the charges for the clean-up of the property. Supervisor Baldrey will contact Attorney Tal Rappleyea to verify the contract before she signs it and there were a couple of questions that needed answering.

RESOLUTION #25-07
SIGN LEASE AGREEMENT / HARTNETT

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

It is resolved, that this Town Board shall authorize Supervisor Dixie Baldrey to sign the Lease Agreement with Roger Hartnett, which was presented to the Town Board. .

Yearly Reports

The Town Board was given yearly reports from the Code Enforcement Officer, Dog Control Officer, and the Historian. They are on file in the Town Clerk’s Office.

Electrical Work

The electrical work is getting done in the Municipal Building, Bill Buckholz from Big Indian is doing the work.

Residency

RESOLUTION #26-07
RESIDENCY

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

WHEREAS, the Greene County Treasurer's Office has petitioned the Town Board of the Town of Lexington for the residency status of the below named individual, and,
WHEREAS, the Town Board of the Town of Lexington has confirmed that the below mentioned individual does, in fact, reside within the Town of Lexington, Therefore;
BE IT RESOLVED, that the Town Board of the Town of Lexington hereby certifies the below named individual does reside within the Town of Lexington.
Andrew Valerio

RESOLUTION #27-07
TOWN PLANNING & ZONING OFFICIALS – FOUR HOUR TRAINING

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

WHEREAS in 2006, The NY State Legislature approved a bill to promote the training for Municipal Planning and Zoning Board Officials, and;
WHEREAS, it is required, that a minimum of four hours of training be met by each member, therefore;
THIS TOWN BOARD moves to establish that each Municipal Planning and Zoning Board Member meet the required training as set forth by New York State law.

Announcements / Correspondence:

Twin County Cultural Fund – Greene Co. Council of the Arts announces the recipients of
grant funds.
Pandemic Influenza -- Greene Co. Public Health will sponsor a luncheon and
presentation on 2/28/2007 @ 12:00 PM
Proposals for Senior Citizen of the Year is needed by Greene County.
Rabies Clinic will be held here on Wed. April 25, 2007 at the Fire House --- The Fire Co.
advertises and takes care of the clinic.
Greene Co. Board of Elections notified the town that they wouldn’t be getting new voting machines this year.
Haila VanHentenryck, a senior at Hunter Tannersville Central School is working on a program with children, “Wise Program”, and would like to welcome residents to participate.
Retirement festivities are planned for Greene Co. Legislature, Frank Stabile, as he retires.
Received a Thank You note from Natalie Sonevytsky

Notice from NYC DEP – Anyone can make comment -- # 109.00-1-28 == 118.4 acres
(Christine Brady) # 109.00-1-40 == 30.7 acres
A discussion was held on the sale of property to NYC DEP because there is an old cemetery on the property that the Town of Lexington takes care of, and it was requested that Supervisor Dixie Baldrey write a letter to NYC DEP ---- making them aware of the cemetery and that the Town of Lexington needs an access / right–of-way to the cemetery.

Pay the Bills

RESOLUTION #28-07
AUDIT OF CLAIMS

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

Resolved that this Town Board, having audited the following vouchers, inclusive, hereby, orders them paid and directs the Town Clerk to draw up the Abstracts on the Supervisor for payment of the following amounts:

Resolved that the bills be paid on Abstract # 2 in the following amounts:
General Fund No. 6 through 39 = $ 10,920.56
Resolved that the bills be paid on Abstract # 1 in the following amounts:
Highway Fund No. 1 through 15 = $ 13,580.05
Resolved that the bills be paid on Abstract # 1 in the following amounts
Special Lighting District No. 1 = $ 325.96

Adjourn

With no further business, a motion was made by Councilmember Paul Van Valkenburgh, seconded by Councilmember Keith Mellott, that the meeting be adjourned. Carried unanimously.

Supervisor Dixie Baldrey adjourned the meeting.

Respectfully submitted,

Rose Williams, Town Clerk