Board Meeting

March 4, 2008

The Regular Meeting of the Town Board of the Town of Lexington was called to order on March 4, 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......……….........…  Keith Mellott                                                    
                                                                   Paul Van Valkenburgh
                                                                   Maurice Nelson
      Town Clerk ……..…....................…... Rose Williams

ABSENT: Councilmember ………………………... Lynn Byrne  – (Councilmember Lynn Byrne was
                                                                               present at the beginning of the meeting, but left
                                                                               because she became ill).   

OTHERS PRESENT: Kathy Jordan

Review of Local Laws

            The Town Board Members held a discussion on the Unsafe Building Law.
           
Motion to Close the Discussion on the Local Law

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

            Supervisor Dixie Baldrey closed the review session on the Local Law and went to the regular scheduled meeting for the month.  

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.   A moment of silence was observed in memory of Fred Anders.

Minutes

RESOLUTION #37-08
ACCEPT  THE  MINUTES

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

            This Town Board resolves to accept the minutes of the regular meeting held on February 6, 2008.

RESOLUTION #38- 08
ACCEPT  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, Nelson, Van Valkenburgh, and Mellott.
                    Absent – Byrne
                    Nays – 0

            This Town Board moves to accept the minutes of the special meeting held on February 25, 2008.

Financial Report

            Supervisor Dixie Baldrey and the Town Board Members reviewed the Financial Report and Supervisor Baldrey asked if there were any questions.

RESOLUTION #39-08
ACCEPT THE FINANCIAL REPORT

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

           

Resolution # 39-08 --- Continued

This Town Board moves to accept the Financial Report of January 31, 2008, which was presented by the Supervisor.

Set up Accumulated Sick Leave & Retiree Health Insurance

The Accountant for the Town of Lexington said that the Town of Lexington 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 specifies that the town pays for sick pay when someone leaves employment provided they are still working for the town, and upon retirement, their health insurance is still covered after retiring.      
           
RESOLUTION #40-08
SET UP ACCOUNT – ACCUMULATED  SICK  LEAVE  AND  RETIRES  HEALTH
                                                                                                                       INSURANCE

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

            This Town Board moves to set up an account to appropriate funds for accumulated sick leave and retiree’s health insurance upon retirement, and the amount to be set aside this year is $16,686.24.

Clean Up Day

            The Town Board Members set a Tentative Date of May 20th, 2008 for the Clean Up Day for metal and Supervisor Baldrey will contact the Supt of Highways, Larry Cross to make sure that date is good before advertising.

Unfinished Business

Garage – Councilman Van Valkenburgh reported that Engineer Doug Van Duesen was here a couple of weeks ago and discussed the plans that the town has, and that Morton Building had contacted him, so therefore, Doug is working up some ideas to see what can be done.   There were plans from a few years ago which he would try to find.  Doug said that he would go over them and lay it out for the building, the septic, and whatever else is needed.  Then Doug Van Duesen will get back to the town.
            Supervisor Dixie Baldrey said that she has spoken to Warren Hart, from Greene Co. Planning and Economic Development, and Assemblyman Peter Lopez to see if there were any funds out there for a municipal garage.   Mr. Hart went on to say that he had a person from U.S.R.D. (U.S. Rural Development) that he would ask to call the Supervisor.  Therefore, the person did contact the Supervisor and said that she would come down and take a look at what the town has, and they do grants and grant loans to communities for facilities.  The grant would not be more that twenty-five thousand, but if the town did receive the grant and could use it along with a package, to leverage more funds because the highway garage is going to be very expensive.  She will be coming here on March 26th to assess the situation and discuss things further.
            Supervisor Dixie Baldrey told Councilman Paul Van Valkenburgh that she would like him to go with her to see Senator Kristen Gillibrand to see if there is any help there. 

Christmas Lights – Councilman Van Valkenburgh said that he was waiting for the snow to go away and then he would get the guy here from Central Hudson to check out what poles can and can’t be used.  Central Hudson will tell the town what poles can be used, and it will depend on the funds on how many Christmas lights can be done.    

Trees and Concrete – Council Member Byrne was not present, but Councilman Van Valkenburgh said that Engineer Doug Van Duesen had taken many pictures of the entrance at the step, so he believes that he is working on it.  Councilman Mellott said that he has a contractor that is interested, but needs a stamped plan for liability purposes.   Everyone agreed that the concrete step should be removed and start fresh with the new one.  Councilmember Keith said that he would like a set of the plans as soon as the engineer gets them done.   No report on the trees.  

Park / Main Street / Landscaping – Councilman Keith Mellott said that he has talked to NYC DEP to see if he needs a permit to help out the Methodist Church in extending and increasing the parking lot because they are saying that it might be changing the flood plain by adding fill to the spot, so he is checking to see if the permit is needed.  Councilman Keith Mellott went on to say that he hoped to be at the site within the next week or two to start the clean up of the area on Main Street. 

High Speed Internet – Councilmember Keith Mellott said that he has talked to Mid Hudson and Assemblyman Lopez.  There is a rural grant out there for funding for upgrades, and according to Mid Hudson to do four miles of cable – it would cost almost one hundred thousand dollars.  Mr. Mellott went on to say that the individual person might consider Wild Blue, $249. for the equipment plus $176. for the installation, but if it was done in March, the installation fee is scratched, and he went on to tell of the package deals offered.
            Supervisor Dixie Baldrey said that she has investigated the Wild Blue internet system, and found out that for the Municipal Building ----- it would cost around $1,100. to install, and would eliminate all the computer phone lines that the town is paying for now each month, but there would be a monthly charge for the internet service.  She is going to look for her paper work and get back to the Town Board Members with the info. 

Cell Tower – Supervisor Dixie Baldrey said that the cell tower company that they are presently talking with is not interested in the Fields property because there are too many gaps coming down on the main road.  They considered Maben’s Airport and the old Deyoe Cemetery property, but they didn’t work.  Supervisor Baldrey went on to say that she thought that the town should explore different options at this point, and the town of Shandaken is using Mariner Tower II LLC. For their cell service.  A discussion was held.     

Carpet Repair in Rooms – Councilman Maurice Nelson said that he hasn’t heard anything from Robert Basil yet on the Emergency Lighting because he is suppose to give him an estimate.    Councilman Nelson also said that he has contacted Bill Pushman regarding the repair of the carpets/ floors, and he hasn’t gotten back to him.  He will contact them again. 

Veteran’s Memorial – Supervisor Dixie Baldrey wrote a guide letter, which will be used to make a display ad for the newspaper.    The display ad will be seeking drawings for an appropriate Veteran’s Memorial in front of the town Municipal Building.   A discussion was held. 

RESOLUTION #41-08
CWC BOARD OF DIRECTORS NOMINEE

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

            It is resolved that this Town Board of the Town of Lexington nominates Paul Dibble to the Greene County CWC Board of Directors for a four year term. 

RESOLUTION #42-08
SUPPORT NYS DEPT. OF STATE 2008 WATER QUALITY PLANNING & IMPLEMENTATION GRANTS FOR COMMUNITIES IN THE NYC  WATERSHED

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

WHEREAS, the Governor and Legislature have provided funding for the 2008 Water Quality Planning and Implementation Grants: for Communities in the NYC watershed (formerly, the Enhanced Master Planning and Zoning Incentive Award Program) and is soliciting applications from local governments to assist in the creation and implementation of local governments to assist in the creation and implementation of local land use development tools to protect the Watershed; and

WHEREAS, The Mountain Top Supervisors and Mayors Association, whose membership includes the Towns of Halcott, Prattsville, Ashland, Jewett, Lexington, Hunter, and Windham and the Villages of Hunter and Tannersville, in partnership with the Greene County Department of Planning and Economic Development have determined that it would be beneficial to collaborate on a grant application for the 2008 Water Quality Planning and Implementation Grants for Communities in the NYC Watershed. 

NOW, THEREFORE, BE IT RESOLVED, that the Town of Lexington supports the submission of a joint grant application to the NYS Department of State in partnership with the Mountaintop Towns and Villages and the Greene County Department of Planning and Economic Development; and be it further

RESOLVED, that the Town Supervisor is hereby authorized and directed to sign and file all documents and assurances. As may be necessary, to provide for the Town’s participation as a co-applicant. 

Benefit Policy

RESOLUTION #43-08
APPROVE BENEFIT POLICY

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

            It is resolved that this Town Board of the Town of Lexington approve the following “Benefit Policy for 2008”
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

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. 

Investment Policy

RESOLUTION #44-08
APPROVE  INVESTMENT  POLICY

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

            It is resolved that this Town Board of the Town of Lexington approves the “Investment Policy for 2008”, which is on file in the Town Clerk’s Office.

Procurement Policy

RESOLUTION #45-08
APPROVE THE PROCUREMENT POLICY

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

            It is resolved that this Town Board of the Town of Lexington approves the “Procurement Policy for 2008”, which is on file in the Town Clerk’s Office.

Local Law #1 of 2008  --  “Floodplain Management Regulations”

            Supervisor Dixie Baldrey gave a copy of Local Law #1 of 2008 to each Town Board Member to review and asked for a date for a Public Hearing for the residence to respond.   Supervisor Baldrey also told the Town Board Members that the need  to approve the maps as presented.

Local Law #1of 2008 was sent to NYS DEC, Jamie A. Ethier, under the Floodplain Section because they have to approve the draft before it is adopted by the town. 

RESOLUTION #46-08
APPROVE THE FLOOD MAPS

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

Set Up Public Hearings

            The Town Board members set the date for the Public Hearing for repealing Local Law #1 of 83 “Flood Damage Prevention Law” for March 19th, 2008 at 5:00 PM and the second Public Hearing for Local Law # 1 of 2008,entitled “Floodplain Management Regulations” will be held on March 19th, 2008 at 5:15 PM.

Encumber Attorney Fees

RESOLUTION #47-08
ENCUMBER ATTORNEY FUNDS / 2007

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

            This Town Board moves to encumber $5,000 from the Attorney, Contractual fund of the 2007 Budget  for the upcoming attorney fees for 2008. 

Public Concerns

            Received a letter from Debbie Gustafson regarding properties across from the entrance to Reme Road, where she said that she rides by three fire hazards and collapsing structures with vacated cars on her way to work each morning.  She believes they are an eye sore to the neighborhood and a hazard for the children to explore, and would like them addressed.   A copy of the letter is on file.   The letter will be forwarded to James Boyle, Code Enforcement Officer for his attention. 

Public Concerns --- Continued

Received a letter from Ulster Greene ARC Foundation asking for a request for a donation

RESOLUTION #48-08
DONATATION TO ULSTER / GREENE ARC.

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

            This Town Board moves to make a donation of $100.00 to the Ulster -
Greene ARC for the 2008 year.

            The Hudson River Valley Greenway sent a letter regarding a Joint Board Meeting on Wednesday, March 12, 2008 in the Blue Room of the State Capital at 10:00 PM if anyone is interested.

RESOLUTION #49-08
AUDIT THE FINANCIAL RECORDS

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

            This Town Board audited and approved the Financial Books of the following account after the meeting.
Judges Financial Records
Town Clerk’s Petty Cash
Town Clerk’s Cash Book
Tax Collector’s Records for 2007

AUDIT  THE  BILLS

RESOLUTION #50-08
PAY THE BILLS

            On a motion by Council Member Keith Mellott, 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 #42 through #70, inclusive, hereby, order them paid and directs the Town Clerk to draw Abstract # 3 General Fund, on the Supervisor for payment of $9,729.17

            Resolved, that this Town Board, having audited the following Highway Fund Vouchers #20 through #33, inclusive, hereby, order them paid and directs the Town Clerk to draw Abstract #2 Highway Fund, on the Supervisor for payment of $20,393.89

            Resolved, that this Town Board, having audited the following Special Lighting District Vouchers  #3, hereby orders them paid and directs the Town Clerk to draw Abstract #2, Special Lighting District Fund, on the Supervisor for payment of $177.52.

Adjourn

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

            Supervisor Dixie Baldrey adjourned the meeting at 8:35 P.M.

                                                                        Respectfully submitted,

 

                                                                        Rose Williams,
                                                                        Town Clerk, RMC