Board Meeting

February 6, 2008

The Regular Meeting of the Town Board of the Town of Lexington was called to order on February 6, 2008 at 6:00 P.M., by Supervisor Dixie Baldrey at the Lexington Municipal Building, followed by the pledge of allegiance.

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

ABSENT: Councilmembe.............................Keith Mellott     

OTHERS PRESENT: Nicholas Palermo, James Boyle, Code Enforcement Officer; John Loftus and Susan Falke.

Review of Local Laws

            The Town Board Members reviewed some of the recent local laws.  They reviewed the Noise Law and decided to leave it as it was, and also started to discuss Administration and Enforcement of the NYS Uniform Fire Code Prevention and Building Codes of the State of New York (Local Law # 3 of 2007).   Supervisor Baldrey asked Code Enforcement Officer, James Boyle if he had any questions with the law, and he asked what an appearance ticket was, where can you get them, and what is the process when serving them.  Further discussion was held. 
            The Town Board Members also discussed Local Law # 3 of 2005 “Regulating Unsafe Buildings and Collapsed Structures”

Motion to Close the Review of Local Laws

            Councilmember Paul Van Valkenburgh made a motion to close the review of the local laws and go to the regular scheduled meeting for February, seconded by Councilman Maurice Nelson.  Everyone agreed.

            Supervisor Baldrey and the Town Board Members decided to start the next meeting of March 4th, 2008 at 6:00 pm to finish the review of the local laws.

            Supervisor Dixie Baldrey closed the review session and went to the regular scheduled meeting. 

Call to Order  / Regular Meeting

            Supervisor Dixie Baldrey called the regular monthly meeting to order and had the pledge of allegiance to the American Flag at the Town of Lexington Municipal Building.  

Minutes

RESOLUTION #22-08
AMEND THE MINUTES

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

            This Town Board resolves to amend the minutes of the Organizational Meeting held on January 2, 2008, by amending the hourly rate of the Deputy Town Clerks, Alida Bloodgood and Christine Dwon in Resolution #18-08, from $12.00 to $12.50 per hour because the three and one-half percent increase was not reflected in the minutes. 

RESOLUTION #23- 08
AMEND 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, Byrne, Nelson, Van Valkenburgh
                    Absent - Mellott   
                    Nays – 0

            This Town Board resolves to amend  the minutes of the Organizational Meeting held on January 2, 2008 by changing the mileage rate from 48½ cents per mile in Resolution #10-08 to 50½ per mile, the rate used by the Internal Revenue Service, and;
            It further resolves to use the Internal Revenue Service rate per mile in the future whenever it is updated.

RESOLUTION #24-08
ACCEPT THE MINUTES

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

            This Town Board moves to accept the minutes of the Organizational Meeting held on January 2, 2008 after the previous amendments have been made.  

RESOLUTION #25-08
ACCEPT 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, Nelson, Van Valkenburgh
                    Absent – Mellott
                    Nays – 0

            This Town Board moves to accept the minutes of the Special Meeting held on January 16th, 2008, where an Executive Session was held.
           
Financial Report

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

RESOLUTION #26-08
ACCEPT THE FINANCIAL REPORT

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

            This Town Board moves to accept the Financial Report dated January 31, 2008.

Set up Accumulated Sick Leave & Retiree Health Insurance

The Accountant for the Town of Lexington said that the town needs to set up a special account to cover the retiree’s health insurance and accumulated sick leave for the future retirees of the town because the Benefit Policy for the town pays for sick pay when someone leaves employment with the town provided they are still working for the town, and upon retirement, their health insurance is still covered.  Further  discussion was held. 
Council Member Lynn Byrne asked to see the copy of the Benefit Policy, and asked for the suggested amount that should be put into the account.   Supervisor Baldrey said that bookkeeper Trudy Daley has the amount and further discussion was held.  
The Town Board Council Members decided to table setting up the account until the next meeting.   

2007 Year-End Report
Code Enforcement Officer - James Boyle

            Code Enforcement Officer, James Boyle, presented his 2007 Code Enforcement Report.  He reported issuing 12 new single family residences, 4 additions to single family residence, 24 for decks, garages, sheds & etc., 1 demolition permit, and 1 sign permit.  Mr. Boyle also issued Certificate of Occupancy’s, acted on complaints, issued a stop work order, and did a final report of the funds collected.  Report is on file in the Town Clerk’s office.

Public Assembly Inspection

            Code Enforcement Officer, James Boyle, submitted an annual inspection to the Town of Lexington for the Municipal Building and noted violations, which need to be addressed.  The things that needed to be addressed were the following:
Concrete entry crack with a tripping hazard.  (This is being addressed with an engineer and need to get a price to redo the entrance,)
Loose bricks on outside of building. (This has been contracted to start in April of 2008)
Paint cans in basement need to be discarded.  (Maintenance Man will discard the cans.) 

Town Clerk’s Conference

            The annual Town Clerk’s Conference has been set for April 27th through April 30, 2008. and the Town Board needs to authorize Town Clerk Rose Williams to attend the Conference at Saratoga, New York. 

RESOLUTION #27-08
AUTHORIZE TOWN CLERK TO ATTEND CONFERENCE / SARATOGA

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

            The Town Board authorizes Rose Williams, Town Clerk, to attend the Town Clerk’s Conference that will be held in Saratoga, New York, from April 27, 2008 through April 30, 2008.

Town Board Reports – Unfinished Business

            Supervisor Baldrey asked the Town Board Members how they are doing on their assigned projects. 
            Council Member Lynn Byrne reported that she contacted the Casella Family regarding the trimming of the oak trees on the line between them and the town. They said that they would be willing to pay $500. toward the trimming of the trees, but no more because they pay too much in taxes. Mrs. Casella thought the price was very high, and if the trees fell on her house --- the town would be responsible for fixing her house up.   She went on to say that she would like it done, but was only willing to pay $500. towards the project.  The lowest estimate for trimming the trees was $2,300. and the Board was under the idea in the beginning that they would consider paying half of the cost.  The Board members held a discussion and decided to have Council Member Lynn Byrne contact Casella again to find out what she wants done, and what she is willing to do.
            Council Member Lynn Byrne reported that she has also checked out the new concrete step that is needed by the door at the entrance of the Town Clerks Office.  Council Member Lynn Byrne and Keith Mellott talked to two contractors, and they said that it would have to be torn out and re-poured, with plans drawn up by an engineer, so Councilmember Byrne contacted Doug Van Duesen, an engineer from Lamont Engineering for his advice.   Councilmember Byrne will report further information when she receives it.  
            Council Member Paul Van Valkenburgh reported that he is working on the Seasonal Display Lights for the Main Streets of Lexington and West Kill.  Councilman Van Valkenburgh has contacted Central Hudson and they said they would charge $25.00 per hook up to the poles.   
Council Member Van Valkenburgh said the he has the application that needs to be completed, and will have to decide how many poles will be used and exactly where they will be.  The town will need to supply Central Hudson with a Certificate of Insurance on their insurance.   
Council Member Van Valkenburgh also called the telephone company regarding the hook up and talked to their supervisor had no concerns.   
            Council Member Paul Van Valkenburgh called Mortin Building Co. to set up a meeting to get started on a new highway garage.  He has to confirm the time with the Supt. of Highways, but the time has been set for Monday Morning, February 11th, 2008 at 10.00 a.m. at the highway garage on Route 42. 
            Council Member Maurice Nelson said that he was trying to get estimates on repairing the floors around the heaters where they is no rug ----- where the rug is short because of heater replacement.   He also said that he would be working on the emergency lighting that was never finished, and the emergency lights are still needed in Board Room/Judge’s Room, hall, and both entrances. 
            Supervisor Dixie Baldrey is working on the cell tower and was notified last week from JNS Enterprises, Inc. that the place on Beech Ridge (Fields) was not going to work because of too many dead spots in the streets in Lexington and West Kill, and the Cell Tower Company said that they would like to test the vicinity of the Deyoe Cemetery on Route 23A and the Maben Airport on Airport Road.   
            Supervisor Dixie Baldrey said that she would like to get some examples from town residents on what they would like for the Memorial at the front of the Municipal Building.  She said that she would like to put out a plea for anyone to submit a drawing for the Memorial. 
            Council Member Lynn Byrne reported that Council Member Keith Mellott is working on the High Speed Internet for the town, and she wasn’t sure how far he has gotten.

MVP Health Insurance

            A gentleman from the Mohawk Valley Program stopped in to discuss their Health Insurance plan with Supervisor Dixie Baldrey, and wanted the town to consider their insurance.  Supervisor Baldrey said that she was not looking to cut the insurance coverage that the town has now, but would like to look at the plan to see what it offers.  Supervisor Baldrey said that she spoke to someone that has the MVP Plan and that there was a small difference in the prescription plan ---- the member has to pay a co-pay of $40.00 versus the co-pay of $30.00, that is paid now with the empire plan. 
            Council Member Lynn Byrne took the paper work home to review the coverage and to compare it with what the Town has now.   

NYCDEP

            Supervisor Dixie Baldrey has been notified from NYC DEP that they are purchasing Parcel #109.00-2-5.11 (Land Acquisition Project # 5413), which belongs to Robert Cross Sr., and it is located on North Lexington off of Airport Road.    The Town has up to 120 days to review and respond to this submission regarding the city’s adherence to the MOA and its recommendations for public access.

CWC Nomination for Director

            Supervisor Baldrey was notified that the CWC needed a nomination for a Director for the Catskill Watershed Corporation.

RESOLUTION #28-08
NOMINATE CWC DIRECTOR / CATSKILL WATERSHED CORP.

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

            This Town Board moves to nominate and approve Paul Dibble as a representative as a Catskill Watershed Corporation Director.

Schoharie Watershed Advisory Committee (SWAC)
           
            Supervisor Dixie Baldrey said that a representative was needed from the Town of Lexington to serve with SWAC.  Councilmember Lynn Byrne was on the previous committee and would like to continue to serve.   Supervisor Baldrey and Town Council Members agreed that she should continue to serve on SWAC, and an alternate is still needed.

RESOLUTION #29-08
APPOINMENT TO SWAC

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

            This Town Board moves to appoint Councilmember Lynn Byrne as a committee person to the Schoharie Watershed Advisory Committee.

Town of Lexington Planning Board Member

            Supervisor Dixie Baldrey received a letter from the Town of Lexington Planning Board Chairman, Glenn Howard, saying that the Planning Board was recommending Greg Cross as a member of the Planning Board to fill the vacancy that will expire on December 31, 2011.

RESOLUTION #30-08
APPOINT PLANNING BOARD MEMBER

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

            This Town Board moves to appoint Greg Cross as a member of the Town of Lexington Planning Board, and he will fill the unexpired term of Robert Cross, Jr. with a term that will end on 12/31/2011.

Greene County Planning Board

            Supervisor Baldrey said that she has received a letter from the Greene Co. Planning Board asking for a representative from the Town of Lexington to participate on their Board.     Supervisor Baldrey will forward the letter to the Town of Lexington Planning Board for their referral and representative.

Public Concerns

            Susan Falke asked if Falke Road would be closed when the road repair is being done.  She was concerned because her grandmother, Eula Falke, is not in the best of health and she wanted to be assured that they would have access for an emergency medical vehicle if one is needed.  She also said that there was a fire down Falke Road in the past, and wanted to make sure that fire trucks would  be able to travel the road at all times in case of an emergency.  
            Supervisor Dixie Baldrey wasn’t sure about the plans for the repair of the road, but told Susan Falke that she would find out what was happening and let her know. Supervisor Dixie Baldrey agreed that emergency vehicles need to travel the road at all times and have access to the Falke residence.

            John Loftus, said that a Town of Lexington resident, Chris Loftus, who was raised in Lexington, would be fishing in the Bass Master Classic – the super bowl of bass competition.  He will be competing with 50 bass fishermen ---- including 43 professional bass anglers and 7 amateurs. 

Correspondence

            Received a letter in January, 2008, from the Ulster-Greene ARC saying that Greene County has an agency providing a full range of services for people with intellectual and other development disabilities from birth through adulthood, and is happy to inform you that it is an addition to Catskill Day Service program --- and they have opened a beautiful new Day Service Center in the community of Cario, offering families in the wider Greene Co. area, a chance to attend a program closer to home. 

Executive Session

RESOLUTION #31-08
GO INTO EXECUTIVE SESSION

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

            This Town Board moves to go into Executive Session to discuss a grievance that was received pertaining to longevity pay under the Highway Union Contract.  Time: 8:15 PM

RESOLUTION #32-08
LEAVE EXECUTIVE SESSION

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

            This Town Board moves to leave Executive Session. Time: 8:22 PM

RESOLUTION #33-08
DENY GRIEVEANCE

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

            This Town Board of the Town of Lexington resolves to deny the grievance regarding the longevity pay under the Highway Union Contract.

AUDIT  THE  BILLS

RESOLUTION #34-08
PAY THE BILLS

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

            Resolved, that this Town Board, having audited the following General Fund Vouchers #6 through #41, inclusive, hereby, order them paid and directs the Town Clerk to draw Abstract # 2, General Fund, on the Supervisor for payment of $ 15,692.37.

            Resolved, that this Town Board, having audited the following Highway Fund Vouchers #1 through #19, inclusive, hereby, order them paid and directs the Town Clerk to draw Abstract #1 Highway Fund, on the Supervisor for payment of $56,536.81.

            Resolved, that this Town Board, having audited the following Special Lighting District Vouchers  # 1 & 2, hereby orders them paid and directs the Town Clerk to draw Abstract #1, Special Lighting District Fund, on the Supervisor for payment of $358.36 .

Adjourn

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

            Supervisor Dixie Baldrey adjourned the meeting at 8:30 P.M.

                                                                        Respectfully submitted,

 

                                                                        Rose Williams,
                                                                        Town Clerk, RMC