Town of Lexington,NY - Board Minutes


Board Meeting March 3, 2009 The Regular Meeting of the Town Board of the Town of Lexington was called to order on March 3, 2009 at 7:00 pm by Deputy Supervisor Paul Van Valkenburgh at the Lexington Municipal Building, followed by the pledge of allegiance. A moment of silence was observed in memory of Larry Dwon, Sr. PRESENT: Council Members......……..…............ Paul Van Valkenburgh Maurice Nelson Keith Mellott Lynn Byrne Town Clerk .........................…............... Rose Williams ABSENT: Supervisor Dixie Baldrey OTHERS PRESENT: Fire Commissioners; Mike Petosa, Taris Charysyn, and Ralph Albino, and Kevin VanHentenryck, and Mike Ryan from the Windham Journal. RESOLUTION # 36-09 APROVAL OF THE MINUTES On a motion by Council Member Keith Mellott, seconded by Council Member Maurice Nelson the following resolution was ADOPTED - Ayes - 4 - Byrne, Nelson, Mellott, Van Valkenburgh, Nays – 0 Absent – 1- Baldrey This Town Board resolves that the minutes of the Regular Meeting held on February 3, 2009 be approved. RESOLUTION # 37-09 APROVAL OF THE PUBLIC HEARINGS On a motion by Council Member Keith Mellott, seconded by Council Member Maurice Nelson, the following resolution was ADOPTED - Ayes - 4 - Byrne, Nelson, Mellott, Van Valkenburgh, Nays – 0 Absent – 1 - Baldrey This Town Board resolves that the minutes of Public Hearings for Local Law # 1, 2, and #3 of 2009 held on March 3rd, 2009 be approved. Financial Report Councilmember Lynn Byrne said that she would like the information of the investments for the town. Councilmember Paul Van Valkenburgh said that he would like to know what the fund balance was for 2008 and where was it applied. RESOLUTION # 38-09 APPROVE FINANCIAL REPORT On a motion by Council Member Lynn Byrne, seconded by Council Member Keith Mellott, the following resolution was ADOPTED - Ayes - 4 - Byrne, Nelson, Mellott, Van Valkenburgh, Nays – 0 Absent – 1 Baldrey It is resolved that this Town Board approves the Financial Report as submitted for February of 2009, by the Supervisor. RESOLUTION # 39-09 APPROVE TRANSFERS On a motion by Council Member Keith Mellott, seconded by Council Member Maurice Nelson, the following resolution was ADOPTED - Ayes - 4 - Byrne, Nelson, Mellott, Van Valkenburgh, Nays – 0 Absent – 1 Baldrey This Town Board moves to move the following funds in the General Fund: From: Special Items, Contingency (A1990.4) == $400.00 To: Special Items, Municipal Dues (A1920.4) == $150.00 Employee Benefits (Workers Comp.) == $250.00 Ambulance Service Councilmember Lynn Byrne said that Carolyn Bennett agreed to complete the application and has it almost completed. She went on to say that the narrative was fifty percent completed and would have a rough draft a week from Friday (March 13). Councilmember Lynn Byrne said that she told Carolyn to make copies for the Town Board Members, the Commissioners, Paul Dwon, and Jack Jordan. More discussion was held between the Commissioners and the Town Board Members. The narrative has to record the specific needs of the town and why the town should take over the medical needs. Councilmember Byrne said that she would need the response times for calls which she would have to get from the Rescue Squad. More discussion was held and Councilmember Lynn Byrne said that the town would need to have a Public Hearing as soon as the budget is in place and the application could not be sent in without the budget. A discussion was held regarding the hiring of EMT’s, the payroll, and the process that would have to take place during the transition. Employee Handbook Supervisor Dixie Baldrey did some rewording in the Employee Handbook for 2009, and it will be tabled until the next meeting because she was unable to attend because of an emergency. Benefit Policy RESOLUTION # 40-09 APPROVE BENEFIT POLICY On a motion by Council Member Lynn Byrne, seconded by Council Member Maurice Nelson, the following resolution was ADOPTED - Ayes - 4 - Byrne, Nelson, Mellott, Van Valkenburgh, Nays – 0 Absent – 1 Baldrey This Town Board moves to adopt the following Benefit Policy as stated: TOWN OF LEXINGTON BENEFIT POLICY 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. Upon leaving Town service, employee will be compensated for unused vacation time for the current year. 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. BEREVEMENT 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. Purchasing Policy RESOLUTION # 41-09 APPROVE PURCHASING POLICY On a motion by Council Member Keith Mellott, seconded by Council Member Maurice Nelson, the following resolution was ADOPTED - Ayes - 4 - Byrne, Nelson, Mellott, Van Valkenburgh, Nays – 0 Absent – 1 Baldrey This Town Board moves to accept the Purchasing Policy for the Town of Lexington for the 2009 year. TOWN OF LEXINGTON, NEW YORK PURCHASING POLICY AND PROCEDURES – 2009 This resolution sets 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 IS SUBJECT TO BIDDING: The procedures for determining whether a procurement of goods and services is subject to competitive bidding and documenting are not required by law. They shall be 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 $20,000.00. 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 when directed by the Town Board, no solicitation of written proposals or quotations shall be required under the following circumstances: Acquisition of professional services including insurance; Emergencies; Sole source situations; Goods purchased from agencies for the blind or severely handicapped; Goods purchased from correctional facilities; Goods purchased from another government agency; Goods purchased from state and /or county bid; Goods purchased at auction; Goods purchased for less than $3,000; Public works contracts for less than $3,000; Repairs and parts for equipment at the discretion of the department heads; Supplies as needed; 4. METHODS AND ADEQUATE DOCUMENTATION OF COMPETITION TO BE USED FOR NON BID PROCUREMENTS Use of a Procurement Policy Form will be instituted in all departments of the Town. This procedure will begin July 1, 2007. 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 means possible; A. Purchase contract up to $10,000.00 Under $3,000 Left to the discretion of the purchaser $3,000 - $4,999 A verbal request for the goods and 2 verbal/fax quotes – 2 vendors $5,000 - $9,999 A written request for a proposal (RFP) and written/fax quotes – 3 vendors All purchases of supplies or equipment which will exceed $10,000 in the fiscal year or public works contracts over $20,000 shall be formally bid. Contract for Public Work below $20,000.00 Less than $3,000 - Left to discretion of purchaser Less than $10,000 but greater than $3,000 – A verbal or written (RFP) or written/fax proposal – 2 contractors Less than $20,000 but greater than $10,000 – A verbal or written (RFP) or written/fax proposal – 3 contractors B. It is the determination of this board that for purchases less that $3,000, the requirement of solicitation of alternative proposals and the paperwork necessary to document them are time consuming and counterproductive to the best interest of the town. The individuals with purchasing authority have the overall knowledge of available products and services in their respective areas. Purchasers shall, nevertheless, utilize good business judgment in obtaining products and services at the best overall value to the Town of Lexington. C. A good faith effort shall be made to obtain the required number of proposals or quotations. If the purchaser is unable to obtain the required number of proposals or quotations, the purchaser shall document the attempt made at obtaining the proposals. In no event shall the inability to obtain the proposals or quotes be a bar to the procurement. 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 if 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. 6. 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. 7. ANNUAL REVIEW: The governing board shall annually review these policies and procedures. The Town’s Independent Accountant shall conduct a review of the financial policies quarterly in conjunction with the quarterly review of the financial records. An end of year review of the procurement policy shall be included in the end of year records reported to the New York State Comptroller’s Office. 8. 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. 9. TOWN CLERK Shall be responsible for the following: Receiving all required procurement documentation from the Purchaser b. Checking the payment calculations to verify correctness. Maintaining a central file of all procurement records for audit and tax preparation 10. BOOKKEEPER Shall be responsible for: Preparing a payment check upon approval of the Town Board. Note: The Bookkeeper shall not prepare any procurement payment until receipt of all completed documents specified in this policy. Investment Policy* RESOLUTION #42-09 APPROVE INVESTMENT POLICY On a motion by Council Member Lynn Byrne, seconded by Council Member Keith Mellott, the following resolution was ADOPTED - Ayes - 4 - Byrne, Nelson, Mellott, Van Valkenburgh, Nays – 0 Absent – 1 Baldrey This Town Board of the Town of Lexington moves to approve the Investment Policy which follows: INVESTMENT POLICY FOR TOWN OF LEXINGTON 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 judgement 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 are 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 ___NBT Bank, NA_____ __$1,250,000. ______ Donna Romundo__ ____________________ ___________________ __________________ ____________________ __________________ ____________________ 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 _NBT__ (the depositary and/or a third party) 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. RESOLUTION TO GOV. PATERSON / STATE LAND TAX CAP RESOLUTION #43-09 OPPOSITION TO PROPOSED FREEZE ON PROPERTY TAX PAYMENT FOR STATE OWED LAND Councilmember Lynn Byrne offered the following resolution: WHEREAS, proposed Senate Bill 56 and Assembly Bill 156 for 2009 have been submitted to the State Legislature which seek to amend the Public Lands Law and Real Property Tax Law to reduce state payments in lieu of taxes (PILOTs) and freeze payments for taxes on state owned lands; and WHEREAS, Section of this Bill amends Real Property Tax Law Section 544 to provide that all future payments made by the State pursuant to Article 5 of Real Property Tax Law shall be equal to the amount paid during State fiscal year 2008-09. For lands owned by the State after April 1, 2009, or during fiscal year 2008-2009 after the taxable status date of such land, the payments made by the State shall be no greater than the tax owed on such land during the year in which they were initially taxable; and Resolution # 43-09 ----- Continued. WHEREAS, Section 2 of the Bill amends Public Lands Law Section 19 to permanently reduce payment to localities made pursuant to the Section by 6%; and WHEREAS, the bill freezes payment for taxes on State lands at the level paid during State fiscal year 2008-2009 and amends various Sections of the Public Lands Law to reduce payments in lieu of taxes by 6% from the scheduled amount; and WHEREAS, Greene County and its Towns and Villages rely heavily on these State tax monies to provide for the health, safety, and general welfare and services to their residents; and WHEREAS, payment by the State of New York of taxes on state owned lands and payments in lieu of taxes are an intricate component of the revenue needed by the County, Towns and Villages within Greene Count to provide these essential services; and WHEREAS, should either of these Bills be enacted into law, it is estimated that approximately $8.5 million dollars shall be lost to municipalities throughout New York State and, Greene County, its Towns and Villages, will suffer crippling and dire economic and budgetary consequences necessitating the increase in local land taxes to fill the void; and WHEREAS, the New York State Constitution provides for the payment of these taxes and, it is improper for the legislature and the government to enact legislation in conflict with the New York State Constitution; NOW, THEREFORE, BE IT RESOLVED, that the Town Lexington strongly opposes the enactment of Senate Bill 56 and / or Assembly Bill156 as part of the 2009 budget as the freeze on the payment of taxes for state owned lands and the reduction in PILOTs will have a severe and crippling impact up on Greene County, its Towns and Villages and their constituents, especially during this dire economic climate, and strongly urges the members of the Senate and Assembly not to pass such an unfair and irresponsible law; and BE IT FURTHER RESOLVED, that the Clerk of the Town of Lexington is hereby authorized and directed to immediately forward certified copies of this resolution to Governor David A. Paterson, New York State Senator James Seward, and Assemblyman Peter Lopez. AND MOVED ITS ADDOPTIION: Seconded by Council Member Keith Mellott. ROLL CALL: AYES NAYS ABSENT COUNCILMAN VAN VALKENBURGH __x__ COUNCILWOMAN BYRNE __x__ COUNCILMAN MELLOTT __x__ COUNCILMAN NELSON __x__ SUPERVISOR BALDREY __x__ CARRIED CONGRESIONAL ELECTION will be held on March 31, 2009 from 6 am to 9 pm Maintenance Person Deputy Supervisor Paul Van Valkenburgh said that there were three men who were interested in the handyman job for the town which was advertise in the local newspaper. Supervisor Baldrey left word that she interviewed Scott Edmonds from Jewett, and Casey Tait from Elka Park, and recommended Scott from Jewett to be the handyman. John Berger from Lexington also expressed an interest. A discussion was held Councilmember Keith Mellott suggested tabling the decision, and Deputy Supervisor Paul Van Valkenburgh said that it would be tabled until the next meeting. LOCAL LAW #4 of 2009 Local Law # 4 of 2009 “Establishing Grievance Day” was given to the Town Board Members at an earlier time. A Public Hearing will be held for the Local Law on April 7th, 2009 at 6:45 PM --- before the next regular meeting. The Town Clerk will advertise the public hearing. Public Concerns Councilmember Paul Van Valkenburgh said that he and Ray Albino heard that Prattsville was going to put up a tower, but was going to wait for Lexington to do their tower because they needed the link through our town to go through to Hunter. Councilmember Byrne asked it this was true or just hear say. They weren’t sure, but a discussion was held. Ray Albino said that he has been communicating with the JNS Enterprises, Inc. regarding the cell tower and he wanted to turn over all the e-mails and communications to the town that he had with the company. Ray Albino also said that he would like to pass the word on ---- that the company, JNS Enterprise, Inc. would also like to come and give another presentation to the town regarding the cell tower. A discussion was held. Veteran’s Memorial Kevin Van Hentenryck said that he was hoping to finalize the copy of the memorial, so that he could get going on the project. Councilmember Paul Van Valkenburgh said that he believed that there was about twenty-two thousand dollars in the fund, and a discussion was held. They discussed whether the memorial should have the names on it or not. Councilmember Keith Mellott said that the town could spend up to $20,000., because that was what was donated by Timberlake Camp to the Town of Lexington during the term of Supervisor Kenneth Becker (2002-03) Kevin Van Hentenryck said that there is a problem with the present memorial because it is a real difficult problem getting the trucks in and out of the bays, so he would like to create a landscape design for the whole front, which would include moving the flagpole and the present memorial further out. Kevin went on to say that a copy was never finalized at the last meeting ---- Councilwoman Byrne said that she remembers that there was something that they wanted to change……. Kevin said that he thought it was, “Remember the Veterans of the Mountain Top” was the idea. Taris Charysyn said that he was hearing about this for the first time and wanted to ask about the twenty-two thousand dollars --- was it specified how it should be spent. Councilmember Paul Van Valkenburgh explained that the town received a donation of the funds from Timberlake camp to use for a worthwhile cause by the town, and a discussion was held. Kevin said that he responded to an ad that he saw in the West Kill Post Office that said the town had a twenty thousand dollar budget to do a memorial for the town. Kevin went on to say that his sketch was based on that budget and he would like to get the budget up to thirty thousand to do the whole project. Taris said that he didn’t want anyone to take offense to this, but wondered if the town had shopped around. Councilman Mellott said that the town put an ad in the newspaper for people to submit ideas and two were submitted – one from his mom, Janice Mellott and the other from Kevin Van Hentenryck. He said that his mom’s was a simple plain Jane, but couldn’t remember the wording --- was like a grave stone idea with a scene of the mountains, which would be put out front, and it was taken off the internet. Kevin said that the wording off the ad at the West Kill Post Office was; “Seeking a drawing of an appropriate veteran’s memorial at the municipal building to update present --- $20,000. --- send drawing to blah, blah, blah. Oh yes, it said by May 1st. Councilman Keith Mellott said that he personally would like the town to put up a small memorial and refurbish the one that is out there. He also said that if you want to landscape the front – it should be made into a parking lot because there was no parking around the place. Next, there was conversation about pulling the fire trucks out and putting the trucks back into the bays ---- there is never enough room, but it had been done for years that way. Councilwoman Lynn Byrne said that her recollection for Kevin to do the project was ….. Town Clerk, Rose Williams said that she did not think that there was a resolution yet to do the project. She went to get her file on the veteran’s memorial to review it. Ray Albino asked if someone donated money to the project, and Councilman Van Valkenburgh answered that it was not necessarily for that, but that was what the town wanted to use it for --- it was for something that was for the good of the town. Councilwoman Byrne asked to go on with the other business of the meeting, and Councilman Van Valkenburgh agreed that they should. RESOLUTION # 44-09 SPROUTS DONATION On a motion by Council Member Lynn Byrne, seconded by Council Member Maurice Nelson, the following resolution was ADOPTED - Ayes - 4 - Byrne, Nelson, Mellott, Van Valkenburgh, Nays – 0 Absent – 1 Baldrey WHEREAS, said Greene County Council on the Arts “Sprouts” has offered to provided certain services to the Town of Lexington during the summer of 2009, and the services shall consist of providing workshops in art, theater, music, and dance for the children, and WHEREAS, said Greene County Council on the arts, “Sprouts” has agreed to perform these services in exchange for the sum of One Hundred Twenty Dollars ($120.00) which shall be used to defray its expenses for the summer “Sprouts” program for children. NOW THEREFORE, in consideration of the mutual promises hereinafter set forth, it agrees to the following: 1.The Greene County Council on the Arts “Sprouts” shall provide the program for the children for the Town of Lexington. 2. The Town of Lexington shall pay to the Greene County Council of the Arts “Sprouts” the sum of $ One-Hundred Twenty Dollars ($120.00 ) as compensation for these services which shall be used to defray the expenses of the aforesaid arts program for the children. RESOLUTION #45-09 SUPPORT THE KNIGHTS OF THE ROAD On a motion by Council Member Keith Mellott, seconded by Council Member Lynn Byrne, the following resolution was ADOPTED - Ayes - 4 - Byrne, Nelson, Mellott, Van Valkenburgh, Nays – 0 Absent – 1 Baldrey WHEREAS, said KNIGHTS OF THE ROAD has offered to provide certain services to the Town of Lexington during the year 2009, with services consisting of conducting a Little League, Babe Ruth, Mountain Top Gals, and Tee Ball Season for the children; and WHEREAS, said KNIGHTS OF THE ROAD has agreed to perform these services in exchange for the sum of One-Hundred Dollars ($100.00), which shall be used to purchase equipment and defray expenses for the aforesaid Baseball/Softball/Tee Ball Leagues. NOW THEREFORE, in consideration of the mutual promise hereinafter set forth, it is hereinafter agreed as follows: The Knights of the Road shall provide said Baseball/Softball/Tee Ball Leagues for the children of the Town of Lexington. That, The Town of Lexington shall pay to the Knights of the Road the sum of $100.00 as compensation for these services, which shall be used to purchase equipment and defray expenses of the Little League Programs for the children of the Town of Lexington. Correspondence: Received a letter from Henry Lamont from Lamont Engineers which was read to the public. Back to the Memorial Councilman Keith Mellott said that he couldn’t remember what the whole deal was and never sat down to figure out wording. Councilman Keith Mellott told Kevin Van Hentenryck that he hated to do this to him, but would like to table it until it is figured out. Kevin said that now is the time to set things up for this coming season and said that the Board should let him know what they decide to do. Kevin said that he wanted to start organizing it now and do the supplemental fund raising for the project to get the budget up there to do the landscape. You should mirror the building in your plans. Councilwoman asked Kevin what would happen if the stone was donated, and he said that would help ----- and part of the concept is that the stones are red, white and blue. Then you would have to solicit the quarry’s that carry those stones, but it would be worth looking into. Councilwoman Byrne said that the blue stone has already been donated by Cobleskill. Lime Stone is from Indiana and granite is in New Hampshire or Vermont. More discussion was held on the stone. The budget of $20,000. was brought up again and discussed. Kevin Van Hentenryck said that he thought that it was already a done deal several months ago, but is that not the case here. He went on to say that he did not want to spend a lot of time on this if the town was going to mess around with it endlessly because he would be donating his time to raise funds ----- he did not want to do that if it wasn’t going to happen. Councilman Van Valkenburgh said that he agreed with Keith and thought it should be tabled for a little bit. Councilman Nelson suggested tabling it until Dixie comes back. Councilman Mellott said that he did not want to set here and waste Kevin’s time, but he personally didn’t want to see the town spend twenty thousand dollars for a memorial when there is other things that can be done as well --- like parking because the town needs parking and other things that the money could be used for as well. More discussion was held and Kevin Van Hentenryck said that fi he could be of any further service or whatever ---- let him know. RESOLUTION # 46-09 AUDIT THE FINANCIAL RECORDS On a motion by Council Member Maurice Nelson, seconded by Council Member Lynn Byrne, the following resolution was ADOPTED - Ayes - 4 - Byrne, Nelson, Mellott, Van Valkenburgh, Nays – 0 Absent – 1 Baldrey The Town Board of the Town of Lexington audited the following financial records for the 2008 Year. Tax Collector Petty Cash for Town Clerk Town Clerk’s Cash Book Judges Books Judges Cash Books RESOLUTION # 47-09 PAY THE BILLS On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Maurice Nelson, 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 # 42 through # 66, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract # 3 General Fund, on the Supervisor for payment of $ 13,171.12 Resolved, that this Town Board, having audited the following Highway Fund Vouchers #19 through # 31, inclusive, hereby, order them paid and directs the Town Clerk to draw Abstract # 3 Highway Fund, on the Supervisor for payment of $18,922.04 Adjourn Council Member Keith Mellott made a motion to adjourn the meeting, seconded by Council Member Lynn Byrne. All agreed. Deputy Supervisor Paul Van Valkenburgh adjourned the meeting. Respectfully submitted, Rose Williams, Town Clerk, RMC

Board Meeting

March 3, 2009
The Regular Meeting of the Town Board of the Town of Lexington was called to order on March 3, 2009 at 7:00 pm by Deputy Supervisor Paul Van Valkenburgh at the Lexington Municipal Building, followed by the pledge of allegiance.

A moment of silence was observed in memory of Larry Dwon, Sr.

PRESENT: Council Members......……..…............ Paul Van Valkenburgh
                                                                                 Maurice Nelson
                                                                                 Keith Mellott
                                                                                 Lynn Byrne
     Town Clerk .........................…............... Rose Williams

ABSENT: Supervisor Dixie Baldrey

OTHERS PRESENT: Fire Commissioners; Mike Petosa, Taris Charysyn, and Ralph Albino, and Kevin VanHentenryck, and Mike Ryan from the Windham Journal.

RESOLUTION # 36-09
APROVAL OF THE MINUTES

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

This Town Board resolves that the minutes of the Regular Meeting held on February 3, 2009 be approved.

RESOLUTION # 37-09
APROVAL OF THE PUBLIC HEARINGS

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

                This Town Board resolves that the minutes of Public Hearings for Local Law # 1, 2, and #3 of 2009 held on March 3rd, 2009 be approved.

Financial Report

Councilmember Lynn Byrne said that she would like the information of the investments for the town.
Councilmember Paul Van Valkenburgh said that he would like to know what the fund balance was for 2008 and where was it applied.

RESOLUTION # 38-09
APPROVE FINANCIAL REPORT

It is resolved that this Town Board approves the Financial Report as submitted for February of 2009, by the Supervisor.

RESOLUTION # 39-09
APPROVE TRANSFERS

                This Town Board moves to move the following funds in the General Fund:
                                From: Special Items, Contingency (A1990.4) == $400.00
                              To: Special Items, Municipal Dues (A1920.4) == $150.00
                                    Employee Benefits (Workers Comp.) == $250.00

Ambulance Service

Councilmember Lynn Byrne said that Carolyn Bennett agreed to complete the application and has it almost completed. She went on to say that the narrative was fifty percent completed and would have a rough draft a week from Friday (March 13). Councilmember Lynn Byrne said that she told Carolyn to make copies for the Town Board Members, the Commissioners, Paul Dwon, and Jack Jordan.
                More discussion was held between the Commissioners and the Town Board Members.   The narrative has to record the specific needs of the town and why the town should take over the medical needs.
Councilmember Byrne said that she would need the response times for calls which she would have to get from the Rescue Squad.   More discussion was held and Councilmember Lynn Byrne said that the town would need to have a Public Hearing as soon as the budget is in place and the application could not be sent in without the budget.
A discussion was held regarding the hiring of EMT’s, the payroll, and the process that would have to take place during the transition.

Employee Handbook

Supervisor Dixie Baldrey did some rewording in the Employee Handbook for 2009, and it will be tabled until the next meeting because she was unable to attend because of an emergency.

Benefit Policy

RESOLUTION # 40-09
APPROVE BENEFIT POLICY

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

This Town Board moves to adopt the following Benefit Policy as stated:

TOWN OF LEXINGTON BENEFIT POLICY

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. Upon leaving Town service, employee will be compensated for unused vacation time for the current year.

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.

BEREVEMENT 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.

Purchasing Policy

RESOLUTION # 41-09
APPROVE PURCHASING POLICY

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

This Town Board moves to accept the Purchasing Policy for the Town of Lexington for the 2009 year.
                                        TOWN OF LEXINGTON, NEW YORK
PURCHASING   POLICY   AND   PROCEDURES – 2009

This resolution sets 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 IS SUBJECT TO BIDDING:
The procedures for determining whether a procurement of goods and services is subject to competitive bidding and documenting are not required by law. They shall be 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 $20,000.00. 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 when directed by the Town Board, no solicitation of written proposals or quotations shall be required under the following circumstances:
Acquisition of professional services including insurance;
Emergencies;
Sole source situations;
Goods purchased from agencies for the blind or severely handicapped;
Goods purchased from correctional facilities;
Goods purchased from another government agency;
Goods purchased from state and /or county bid;
Goods purchased at auction;
Goods purchased for less than $3,000;
Public works contracts for less than $3,000;

Repairs and parts for equipment at the discretion of the department heads;
Supplies as needed;

4. METHODS AND ADEQUATE DOCUMENTATION OF COMPETITION TO BE USED FOR NON BID PROCUREMENTS
Use of a Procurement Policy Form will be instituted in all departments of the Town. This procedure will begin July 1, 2007.
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 means possible;

*A. Purchase contract up to $10,000.00
       Under $3,000        Left to the discretion of the purchaser
       $3,000 - $4,999     A verbal request for the goods and 2 verbal/fax quotes – 2 vendors
       $5,000 - $9,999     A written request for a proposal (RFP) and written/fax quotes – 3 vendors
       All purchases of supplies or equipment which will exceed $10,000 in the fiscal year or public
      works contracts over $20,000 shall be formally bid.

      Contract for Public Work below $20,000.00
      Less than $3,000 -    Left to discretion of purchaser
      Less than $10,000 but greater than $3,000 – A verbal or written (RFP) or written/fax
      proposal – 2 contractors
      Less than $20,000 but greater than $10,000 – A verbal or written (RFP) or
      written/fax proposal – 3 contractors

*B. It is the determination of this board that for purchases less that $3,000, the requirement of solicitation of alternative proposals and the paperwork necessary to document them are time consuming and counterproductive to the best interest of the town. The individuals with purchasing authority have the overall knowledge of available products and services in their respective areas. Purchasers shall, nevertheless, utilize good business judgment in obtaining products and services at the best overall value to the Town of Lexington.

*C. A good faith effort shall be made to obtain the required number of proposals or quotations. If the purchaser is unable to obtain the required number of proposals or quotations, the purchaser shall document the attempt made at obtaining the proposals. In no event shall the inability to obtain the proposals or quotes be a bar to the procurement.

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 if 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.

6. 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.

7. ANNUAL REVIEW:
The governing board shall annually review these policies and procedures. The Town’s Independent Accountant shall conduct a review of the financial policies quarterly in conjunction with the quarterly review of the financial records. An end of year review of the procurement policy shall be included in the end of year records reported to the New York State Comptroller’s Office.
8. 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.

9. TOWN CLERK
Shall be responsible for the following:
Receiving all required procurement documentation from the
Purchaser
b. Checking the payment calculations to verify correctness.
Maintaining a central file of all procurement records for audit and tax preparation

10. BOOKKEEPER
         Shall be responsible for:
            Preparing a payment check upon approval of the Town Board. Note: The
            Bookkeeper shall not prepare any procurement payment until receipt of all
            completed documents specified in this policy.

Investment Policy

RESOLUTION #42-09
APPROVE INVESTMENT POLICY

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

                This Town Board of the Town of Lexington moves to approve the Investment Policy which follows:

INVESTMENT POLICY FOR TOWN OF LEXINGTON

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 judgement 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 are 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
       ___NBT Bank, NA_____             __$1,250,000. ______                   Donna Romundo__
       ____________________              ___________________            __________________
       ____________________              __________________            ____________________

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 _NBT__ (the depositary and/or a third party) 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.

RESOLUTION TO GOV. PATERSON / STATE LAND TAX CAP

RESOLUTION #43-09
OPPOSITION TO PROPOSED FREEZE ON PROPERTY TAX PAYMENT FOR STATE OWED LAND

Councilmember Lynn Byrne offered the following resolution:

WHEREAS, proposed Senate Bill 56 and Assembly Bill 156 for 2009 have been submitted to the State Legislature which seek to amend the Public Lands Law and Real Property Tax Law to reduce state payments in lieu of taxes (PILOTs) and freeze payments for taxes on state owned lands; and

WHEREAS, Section of this Bill amends Real Property Tax Law Section 544 to provide that all future payments made by the State pursuant to Article 5 of Real Property Tax Law shall be equal to the amount paid during State fiscal year 2008-09. For lands owned by the State after April 1, 2009, or during fiscal year 2008-2009 after the taxable status date of such land, the payments made by the State shall be no greater than the tax owed on such land during the year in which they were initially taxable; and

Resolution # 43-09 ----- Continued.

WHEREAS, Section 2 of the Bill amends Public Lands Law Section 19 to permanently reduce payment to localities made pursuant to the Section by 6%; and

WHEREAS, the bill freezes payment for taxes on State lands at the level paid during State fiscal year 2008-2009 and amends various Sections of the Public Lands Law to reduce payments in lieu of taxes by 6% from the scheduled amount; and

WHEREAS, Greene County and its Towns and Villages rely heavily on these State tax monies to provide for the health, safety, and general welfare and services to their residents; and

WHEREAS, payment by the State of New York of taxes on state owned lands and payments in lieu of taxes are an intricate component of the revenue needed by the County, Towns and Villages within Greene Count to provide these essential services; and

WHEREAS, should either of these Bills be enacted into law, it is estimated that approximately $8.5 million dollars shall be lost to municipalities throughout New York State and, Greene County, its Towns and Villages, will suffer crippling and dire economic and budgetary consequences necessitating the increase in local land taxes to fill the void; and

WHEREAS, the New York State Constitution provides for the payment of these taxes and, it is improper for the legislature and the government to enact legislation in conflict with the New York State Constitution;

NOW, THEREFORE, BE IT RESOLVED, that the Town Lexington strongly opposes the enactment of Senate Bill 56 and / or Assembly Bill156 as part of the 2009 budget as the freeze on the payment of taxes for state owned lands and the reduction in PILOTs will have a severe and crippling impact up on Greene County, its Towns and Villages and their constituents, especially during this dire economic climate, and strongly urges the members of the Senate and Assembly not to pass such an unfair and irresponsible law; and

                BE IT FURTHER RESOLVED, that the Clerk of the Town of Lexington is hereby authorized and directed to immediately forward certified copies of this resolution to Governor David A. Paterson, New York State Senator James Seward, and Assemblyman Peter Lopez.

                AND MOVED ITS ADDOPTIION: Seconded by Council Member Keith Mellott.

ROLL CALL:
                                                                       AYES        NAYS        ABSENT
COUNCILMAN VAN VALKENBURGH      __x__
COUNCILWOMAN BYRNE                         __x__
COUNCILMAN MELLOTT                           __x__
COUNCILMAN NELSON                             __x__
SUPERVISOR BALDREY                                                                    __x__

CARRIED

CONGRESIONAL ELECTION will be held on March 31, 2009 from 6 am to 9 pm

Maintenance Person

Deputy Supervisor Paul Van Valkenburgh said that there were three men who were interested in the handyman job for the town which was advertise in the local newspaper. Supervisor Baldrey left word that she interviewed Scott Edmonds from Jewett, and Casey Tait from Elka Park, and recommended Scott from Jewett to be the handyman. John Berger from Lexington also expressed an interest. A discussion was held
Councilmember Keith Mellott suggested tabling the decision, and Deputy Supervisor Paul Van Valkenburgh said that it would be tabled until the next meeting.

LOCAL LAW #4 of 2009

Local Law # 4 of 2009 “Establishing Grievance Day” was given to the Town Board Members at an earlier time. A Public Hearing will be held for the Local Law on April 7th, 2009 at 6:45 PM --- before the next regular meeting. The Town Clerk will advertise the public hearing.

Public Concerns

Councilmember Paul Van Valkenburgh said that he and Ray Albino heard that Prattsville was going to put up a tower, but was going to wait for Lexington to do their tower because they needed the link through our town to go through to Hunter. Councilmember Byrne asked it this was true or just hear say. They weren’t sure, but a discussion was held.

Ray Albino said that he has been communicating with the JNS Enterprises, Inc. regarding the cell tower and he wanted to turn over all the e-mails and communications to the town that he had with the company. Ray Albino also said that he would like to pass the word on ---- that the company, JNS Enterprise, Inc. would also like to come and give another presentation to the town regarding the cell tower. A discussion was held.

Veteran’s Memorial

                Kevin Van Hentenryck said that he was hoping to finalize the copy of the memorial, so that he could get going on the project. Councilmember Paul Van Valkenburgh said that he believed that there was about twenty-two thousand dollars in the fund, and a discussion was held. They discussed whether the memorial should have the names on it or not.   Councilmember Keith Mellott said that the town could spend up to $20,000., because that was what was donated by Timberlake Camp to the Town of Lexington during the term of Supervisor Kenneth Becker (2002-03)
                Kevin Van Hentenryck said that there is a problem with the present memorial because it is a real difficult problem getting the trucks in and out of the bays, so he would like to create a landscape design for the whole front, which would include moving the flagpole and the present memorial further out. Kevin went on to say that a copy was never finalized at the last meeting ---- Councilwoman Byrne said that she remembers that there was something that they wanted to change……. Kevin said that he thought it was, “Remember the Veterans of the Mountain Top” was the idea.
                Taris Charysyn said that he was hearing about this for the first time and wanted to ask about the twenty-two thousand dollars --- was it specified how it should be spent.   Councilmember Paul Van Valkenburgh explained that the town received a donation of the funds from Timberlake camp to use for a worthwhile cause by the town, and a discussion was held.
Kevin said that he responded to an ad that he saw in the West Kill Post Office that said the town had a twenty thousand dollar budget to do a memorial for the town. Kevin went on to say that his sketch was based on that budget and he would like to get the budget up to thirty thousand to do the whole project.
Taris said that he didn’t want anyone to take offense to this, but wondered if the town had shopped around. Councilman Mellott said that the town put an ad in the newspaper for people to submit ideas and two were submitted – one from his mom, Janice Mellott and the other from Kevin Van Hentenryck. He said that his mom’s was a simple plain Jane, but couldn’t remember the wording --- was like a grave stone idea with a scene of the mountains, which would be put out front, and it was taken off the internet.
Kevin said that the wording off the ad at the West Kill Post Office was; “Seeking a drawing of an appropriate veteran’s memorial at the municipal building to update present --- $20,000. --- send drawing to blah, blah, blah. Oh yes, it said by May 1st.
Councilman Keith Mellott said that he personally would like the town to put up a small memorial and refurbish the one that is out there. He also said that if you want to landscape the front – it should be made into a parking lot because there was no parking around the place.
Next, there was conversation about pulling the fire trucks out and putting the trucks back into the bays ---- there is never enough room, but it had been done for years that way.
Councilwoman Lynn Byrne said that her recollection for Kevin to do the project was …..   Town Clerk, Rose Williams said that she did not think that there was a resolution yet to do the project.   She went to get her file on the veteran’s memorial to review it.
Ray Albino asked if someone donated money to the project, and Councilman Van Valkenburgh answered that it was not necessarily for that, but that was what the town wanted to use it for --- it was for something that was for the good of the town.
                Councilwoman Byrne asked to go on with the other business of the meeting, and Councilman Van Valkenburgh agreed that they should.

RESOLUTION # 44-09
SPROUTS DONATION

WHEREAS, said Greene County Council on the Arts “Sprouts” has offered to provided certain services to the Town of Lexington during the summer of 2009, and the services shall consist of providing workshops in art, theater, music, and dance for the children, and
WHEREAS, said Greene County Council on the arts, “Sprouts” has agreed to perform these services in exchange for the sum of One Hundred Twenty Dollars ($120.00) which shall be used to defray its expenses for the summer “Sprouts” program for children.
NOW THEREFORE, in consideration of the mutual promises hereinafter set forth, it agrees to the following:
1.The Greene County Council on the Arts “Sprouts” shall provide the program for the
children for the Town of Lexington.

2. The Town of Lexington shall pay to the Greene County Council of the Arts “Sprouts”
     the sum of $ One-Hundred Twenty Dollars ($120.00 ) as compensation for these
    services which shall be used to defray the expenses of the aforesaid arts program for
    the children.

RESOLUTION #45-09
SUPPORT THE KNIGHTS OF THE ROAD

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

WHEREAS, said KNIGHTS OF THE ROAD has offered to provide certain services to the Town of Lexington during the year 2009, with services consisting of conducting a Little League, Babe Ruth, Mountain Top Gals, and Tee Ball Season for the children; and

WHEREAS, said KNIGHTS OF THE ROAD has agreed to perform these services in exchange for the sum of One-Hundred Dollars ($100.00), which shall be used to purchase equipment and defray expenses for the aforesaid Baseball/Softball/Tee Ball Leagues.

NOW THEREFORE, in consideration of the mutual promise hereinafter set forth, it is hereinafter agreed as follows:

The Knights of the Road shall provide said Baseball/Softball/Tee Ball Leagues for the children of the Town of Lexington.

That, The Town of Lexington shall pay to the Knights of the Road the sum of $100.00 as compensation for these services, which shall be used to purchase equipment and defray expenses of the Little League Programs for the children of the Town of Lexington.

Correspondence:

Received a letter from Henry Lamont from Lamont Engineers which was read to the public.

Back to the Memorial

Councilman Keith Mellott said that he couldn’t remember what the whole deal was and never sat down to figure out wording.   Councilman Keith Mellott told Kevin Van Hentenryck that he hated to do this to him, but would like to table it until it is figured out.   Kevin said that now is the time to set things up for this coming season and said that the Board should let him know what they decide to do. Kevin said that he wanted to start organizing it now and do the supplemental fund raising for the project to get the budget up there to do the landscape. You should mirror the building in your plans.
Councilwoman asked Kevin what would happen if the stone was donated, and he said that would help ----- and part of the concept is that the stones are red, white and blue. Then you would have to solicit the quarry’s that carry those stones, but it would be worth looking into.   Councilwoman Byrne said that the blue stone has already been donated by Cobleskill. Lime Stone is from Indiana and granite is in New Hampshire or Vermont. More discussion was held on the stone.
The budget of $20,000. was brought up again and discussed.
Kevin Van Hentenryck said that he thought that it was already a done deal several months ago, but is that not the case here. He went on to say that he did not want to spend a lot of time on this if the town was going to mess around with it endlessly because he would be donating his time to raise funds ----- he did not want to do that if it wasn’t going to happen.
Councilman Van Valkenburgh said that he agreed with Keith and thought it should be tabled for a little bit.
Councilman Nelson suggested tabling it until Dixie comes back.
Councilman Mellott said that he did not want to set here and waste Kevin’s time, but he personally didn’t want to see the town spend twenty thousand dollars for a memorial when there is other things that can be done as well --- like parking because the town needs parking and other things that the money could be used for as well.
More discussion was held and Kevin Van Hentenryck said that fi he could be of any further service or whatever ---- let him know.

RESOLUTION # 46-09
AUDIT THE FINANCIAL RECORDS

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

The Town Board of the Town of Lexington audited the following financial records for the 2008 Year.
Tax Collector
Petty Cash for Town Clerk
Town Clerk’s Cash Book
Judges Books
Judges Cash Books

RESOLUTION # 47-09
PAY THE BILLS

                On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Maurice Nelson, 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 # 42 through # 66, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract # 3 General Fund, on the Supervisor for payment of $ 13,171.12

Resolved, that this Town Board, having audited the following Highway Fund Vouchers
#19 through # 31, inclusive, hereby, order them paid and directs the Town Clerk to draw Abstract # 3 Highway Fund, on the Supervisor for payment of $18,922.04

Adjourn

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

Deputy Supervisor Paul Van Valkenburgh adjourned the meeting.

Respectfully submitted,

Rose Williams,
Town Clerk, RMC