Town of Lexington,NY - Board Minutes


Board Meeting 3/06/2007 The Regular Meeting of the Town Board of the Town of Lexington was called to order on March 6, 2007 at 7:30 P.M., by Supervisor Dixie Baldrey at the Lexington Municipal Building, followed by the pledge of allegiance. A moment of silence was observed in memory of Bill Hoagland and George Latchford. PRESENT: Supervisor ....................................... Dixie Baldrey Council Members......……..….......… Keith Mellott Lynn Byrne Paul Van Valkenburgh Maurice Nelson Town Clerk .......................…............. Rose Williams ABSENT: Councilmember ………………………. Maurice Nelson OTHERS PRESENT: Glenn Howard, Nancy Kizyma, John Loftus, Assessor Georgette Krauss, Code Enforcement Officer - James Boyle, Bob Beyfuss, and Mike Ryan (Windham Journal Rep.). RESOLUTION # 31-07 APPROVE THE MINUTES On a motion by Council Member Lynn Byrne, seconded by Council Member Paul Van Valkenburgh, the following resolution was ADOPTED - Ayes - 5- Baldrey, Byrne, Mellott, Nelson & Van Valkenburgh Absent – 0 Nays - 0 This Town Board approves the minutes of the regular meeting held on February 6th, 2007. RESOLUTION # 32-07 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 - 5 - Baldrey, Byrne, Mellott, Van Valkenburgh & Nelson. Absent – 0 Nays - 0 This Town Board resolves that the minutes for of the Public Hearings for Local Law # 1 of 2007 and Local Law # 2 of 2007 held on February 22, 2007, be accepted and approved. Financial Report RESOLUTION # 33-07 APROVAL OF THE FINANCIAL REPORT On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Maurice Nelson, the following resolution was ADOPTED - Ayes - 5 - Baldrey, Byrne, Mellott, Van Valkenburgh & Nelson. Absent – 0 Nays - 0 This Town Board approves the Financial Report for February 28, 2007 as presented by Supervisor Dixie Baldrey with the corrections that need to be made. Caterpillars – Bob Byfuss Supervisor Dixie Baldrey introduced Bob Beyfuss from the Cornell Extension and he gave a presentation on the caterpillars that infested the area last year. It was very informative to the public. Procurement Policy Supervisor Dixie Baldrey asked the Town Board Members if they had reviewed the Procurement Policy, and if they were ready to pass it. Councilmember Lynn Byrne asked if it could be tabled until next month, and Supervisor Baldrey agreed and said that it would be brought up for a vote next month. Association of Towns Report Supervisor Baldrey presented a written report on the Assoc. of Town Conference that she attended in NY City from January 21, 2007 to January 24, 2007. The report is on file in the Town Clerk’s office. Local Law # 3 of 2007 Supervisor Dixie Baldrey told the Board members that they had Local Law # 3 of 2007 before them, which had been updated by the NYS Dept. of Codes and Attorney Tal Rappleyea was recommending that all towns should implement the law, in order to have an easier time with code violations enforcement. Code Enforcement Office, Jim Boyle, stated that on Page 3 of LL #3 of 2007, it exempts buildings under 144 sq. feet from building permits, and the town’s current “Zoning Law” adopted in December of 2005 states the following; “No building or structure shall be erected, added to, or structurally altered until a permit therefore has been issued”. Therefore, a discussion was held on when building permits should be issued --- because in the Zoning Law, it states that all buildings need a building permit, and in LL #3 of 2007, it exempts structures less than 144 sq. feet from building permits. Therefore, the Board Members had to decide if they wanted all structures with permits, as stated in the Zoning Law, or go along with exempting structures under 144 sq. feet from permits, as stated in Local Law # 3 of 2007. A discussion was held. RESOLUTION # 34-07 REMOVE SECTION IN LOCAL LAW # 3 OF 2007 On a motion by Council Member Keith Mellott, seconded by Council Member Maurice Nelson, the following resolution was ADOPTED - Ayes - 5 - Baldrey, Byrne, Mellott, Van Valkenburgh & Nelson. Absent – 0 ,Nays - 0 It is resolved that this Town of Lexington Town Board shall remove the following part from Local Law # 3 of 2007, which is on (Page 3, Item 1, under Section 4, Building Permits, under (b) Exemptions), construction or installation of one story detached structures associated with one or two-family dwellings or multiple single-family dwelling (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144 square feet (13.88 square meters); and; It is further resolved, that the law shall read the same as the Town of Lexington Zoning Law that was adopted in December of 2005, and therefore, their won’t be any contradictions from one law to another. RESOLUTION # 35-07 REMOVE LINE ITEM IN LOCAL LAW # 3 OF 2007 On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Lynn Byrne, the following resolution was ADOPTED - Ayes - 5 - Baldrey, Byrne, Mellott, Van Valkenburgh & Nelson. Absent – 0 Nays – 0 This Town Board of the Town of Lexington approves with the writing of Local Law # 3 of 2007 and will hold a Public Hearing on April 3, 2007 at 6:45 PM, which is before the next Regular Town Board Meeting. Assessor Presentation Supervisor Baldrey said that a question was raised at the last meeting regarding the equalization rate for the Town of Lexington, and the question of a re-assessment came up. Therefore, Supervisor Dixie Baldrey asked Assessor Georgette Krauss to make herself available for a meeting, so she was present to explain things to the residents of the town. Georgette Krauss gave a presentation to the Town Board Members and the residence of the town. The information on the presentation is on file in the Town Clerk’s office. A discussion was held. Georgette Krauss said that she would have a consultant come in to help with the reassessment, which could be done in the year 2008 or 2009. She said that she would call to make sure that someone would be available, and the Town Board would have to make the decision on whether they want to do the reassessment this coming year. But, if they do want one, and the consultant is available – a public informational meeting would be held in the fall of this year. Georgette said that it would be to the town’s advantage to do it in 2008, so that the town could achieve equity. As for the school tax or county tax level ---- the advantage would be ----- If the project was approved and the town obtained the 100% equalization rate --- the school tax rate would be reduced – the town’s percentage of the levy would be less and the town’s rate would go down. And if that went on the roll in July of 2008, it would be reflected in the Sept. 2008 School tax bills. It would also be an advantage because the Star Exemption is tied to the equalization rate, and if the equalization rate jumps a certain percent ----- then the star will also jump that percent. The same goes for the veteran’s exemption, which is tied to the equalization rate also. More discussion was held. The Town Board Members said that they would like to review some of big projects that the town would like to consider before a decision is made on doing a re-assessment, so the budget isn’t affected by the revaluation. Clean-Up Day Supervisor Dixie Baldrey said that she called the Supt. of Highways, Larry Cross, on setting up a Clean Up Day, and hadn’t checked her messages to see if she heard back from him, so the date for the Clean-Up Day will be tabled until next month. Coalition of Watershed Towns The Town received a ballot for the election of Executive Committee members for Greene County. The ballots were for the regular and alternate members. The two candidates were T. Patrick Meehan, Jr. and Dennis Lucas as the regular members and Richard F. Morse, as the alternate member. RESOLUTION # 36-07 BALLOT -- EXECUTIVE COMMITTEE /CWC On a motion by Council Member Keith Mellott, seconded by Council Member Lynn Byrne, the following resolution was ADOPTED - Ayes - 5 - Baldrey, Byrne, Mellott, Van Valkenburgh & Nelson. Absent – 0 Nays – 0 This Town of Lexington Town Board moves to vote for T. Patrick Meehan, Jr. and Dennis Lucas as two year term candidates and Richard F, Morse as the alternate candidate member for the Executive Committee of the Coalition of Watershed Towns. Z.B.A. Member Supervisor Baldrey said that she hasn’t followed up on the member appointment yet, but has the names of two possibilities which she will look into. Cindy Nelson and Ann Marie Phelan. Emergency Preparedness Committee Supervisor Dixie Baldrey said that the Emergency Preparedness Committee discussed the Plan and made changes and updates where they were needed. The Supervisor read the changes, and asked the Town Clerk to notify the participants that they are on the list. RESOLUTION # 37-07 ADOPT EMERGENCY PREPAREDNESS PLAN On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Maurice Nelson, the following resolution was ADOPTED - Ayes - 5 - Baldrey, Byrne, Mellott, Van Valkenburgh & Nelson. Absent – 0 Nays – 0 It is resolved that this Town Board of the Town of Lexington adopts the Emergency Preparedness Plan, and would like a copy forwarded to each participant on the list. Snowmobile Agreement Supervisor Dixie Baldrey said that a draft agreement has been drawn up for the Big Valley Trail Breakers Snowmobile Club and the Town of Lexington. The town would be acting as a sponsor so that they can apply for grants from New York State. Supervisor Baldrey will send her draft copy to the Attorney for the Town, Tal Rappleyea, so that he can approve the draft and make up the final agreement. Unsafe Buildings Supervisor Baldrey gave a copy of the petition to the Town Board Members regarding the Petition from the Town of Lexington against Jaroslawa Gerulak that was sent to the Supreme Court from the Attorney for the Town, Tal Rappleyea. Supervisor Baldrey also said that she signed the lease agreement for the Roger Hartnett property, which has been forwarded to him. Fund Balance Supervisor Baldrey said that she has the document that has the 2005 Fund Balance on it, and if anyone would like to look at it to figure out the fund balance --- she would be happy to do that. Correspondence Supervisor Dixie Baldrey received a response from NYC DEP regarding a right of way on a piece of property that they are purchasing, which has a cemetery on it. They said that DEP has acquired several properties that include cemeteries subject to the right of other access and maintain the cemetery. Supervisor Baldrey will call Alice to get more information. Received notices for the training for the Planning and Zoning Board. It is on file in the Town Clerk’s office. Greene County sent the appropriation for the dog revenue back to the town. Tectonic Engineering Consultants sent correspondence regarding a cell tower behind Hunter Village. The New York State Highway Department retuned a notice that they were reviewing the Speed Limit on County Rt. 23C. Notice from LUCA (Local Update of Census Addresses) A Workshop to be held in Cario for census and 911 numbers. Pay the Bills RESOLUTION #38-07 AUDIT OF CLAIMS On a motion of Councilmember Lynn Byrne, seconded by Councilmember Keith Mellott, the following resolution was ADOPTED. Ayes 5 -- Baldrey, Byrne, Mellott, Van Valkenburgh and Nelson Nays 0 Absent – 0 Resolved that this Town Board, having audited the following vouchers, inclusive, hereby, orders them paid and directs the Town Clerk to draw up the Abstracts on the Supervisor for payment of the following amounts: Resolved that the bills be paid on Abstract # 3 in the following amounts: General Fund No. 40 through 67 = $ 13,791.87 Resolved that the bills be paid on Abstract # 2 in the following amounts: Highway Fund No. 16 through 27 = $ 12,021.96 Resolved that the bills be paid on Abstract # 1 in the following amounts Special Lighting District No. 2 = $ 163.50 Adjourn With no further business, a motion was made by Councilmember Paul Van Valkenburgh, seconded by Councilmember Maurice Nelson, that the meeting be adjourned. Carried unanimously. Supervisor Dixie Baldrey adjourned the meeting. Respectfully submitted, Rose Williams, Town Clerk

Board Meeting 3/06/2007

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

A moment of silence was observed in memory of Bill Hoagland and George Latchford.

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

ABSENT: Councilmember ………………………. Maurice Nelson

OTHERS PRESENT: Glenn Howard, Nancy Kizyma, John Loftus, Assessor Georgette Krauss, Code Enforcement Officer - James Boyle, Bob Beyfuss, and Mike Ryan (Windham Journal Rep.).

RESOLUTION # 31-07
APPROVE THE MINUTES

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

This Town Board approves the minutes of the regular meeting held on February 6th, 2007.

RESOLUTION # 32-07
APROVAL OF THE PUBLIC HEARINGS

This Town Board resolves that the minutes for of the Public Hearings for Local Law # 1 of 2007 and Local Law # 2 of 2007 held on February 22, 2007, be accepted and approved.

Financial Report

RESOLUTION # 33-07
APROVAL OF THE FINANCIAL REPORT

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

This Town Board approves the Financial Report for February 28, 2007 as presented by Supervisor Dixie Baldrey with the corrections that need to be made.

Caterpillars – Bob Byfuss

Supervisor Dixie Baldrey introduced Bob Beyfuss from the Cornell Extension and he gave a presentation on the caterpillars that infested the area last year. It was very informative to the public.

Procurement Policy

Supervisor Dixie Baldrey asked the Town Board Members if they had reviewed the Procurement Policy, and if they were ready to pass it. Councilmember Lynn Byrne asked if it could be tabled until next month, and Supervisor Baldrey agreed and said that it would be brought up for a vote next month.

Association of Towns Report

Supervisor Baldrey presented a written report on the Assoc. of Town Conference that she attended in NY City from January 21, 2007 to January 24, 2007. The report is on file in the Town Clerk’s office.

Local Law # 3 of 2007

Supervisor Dixie Baldrey told the Board members that they had Local Law # 3 of 2007 before them, which had been updated by the NYS Dept. of Codes and Attorney Tal Rappleyea was recommending that all towns should implement the law, in order to have an easier time with code violations enforcement.
Code Enforcement Office, Jim Boyle, stated that on Page 3 of LL #3 of 2007, it exempts buildings under 144 sq. feet from building permits, and the town’s current “Zoning Law” adopted in December of 2005 states the following; “No building or structure shall be erected, added to, or structurally altered until a permit therefore has been issued”.
Therefore, a discussion was held on when building permits should be issued --- because in the Zoning Law, it states that all buildings need a building permit, and in LL #3 of 2007, it exempts structures less than 144 sq. feet from building permits. Therefore, the Board Members had to decide if they wanted all structures with permits, as stated in the Zoning Law, or go along with exempting structures under 144 sq. feet from permits, as stated in Local Law # 3 of 2007. A discussion was held.

RESOLUTION # 34-07
REMOVE SECTION IN LOCAL LAW # 3 OF 2007

On a motion by Council Member Keith Mellott, seconded by Council Member Maurice Nelson, the following resolution was
ADOPTED - Ayes - 5 - Baldrey, Byrne, Mellott, Van Valkenburgh & Nelson.
Absent – 0
,Nays - 0

It is resolved that this Town of Lexington Town Board shall remove the following part from Local Law # 3 of 2007, which is on (Page 3, Item 1, under Section 4, Building Permits, under (b) Exemptions),
construction or installation of one story detached structures associated with one or two-family dwellings or multiple single-family dwelling (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144 square feet (13.88 square meters); and;

It is further resolved, that the law shall read the same as the Town of Lexington Zoning Law that was adopted in December of 2005, and therefore, their won’t be any contradictions from one law to another.

RESOLUTION # 35-07
REMOVE LINE ITEM IN LOCAL LAW # 3 OF 2007

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

This Town Board of the Town of Lexington approves with the writing of Local Law # 3 of 2007 and will hold a Public Hearing on April 3, 2007 at 6:45 PM, which is before the next Regular Town Board Meeting.

Assessor Presentation

Supervisor Baldrey said that a question was raised at the last meeting regarding the equalization rate for the Town of Lexington, and the question of a re-assessment came up.
Therefore, Supervisor Dixie Baldrey asked Assessor Georgette Krauss to make herself available for a meeting, so she was present to explain things to the residents of the town.
Georgette Krauss gave a presentation to the Town Board Members and the residence of the town. The information on the presentation is on file in the Town Clerk’s office. A discussion was held.
Georgette Krauss said that she would have a consultant come in to help with the reassessment, which could be done in the year 2008 or 2009. She said that she would call to make sure that someone would be available, and the Town Board would have to make the decision on whether they want to do the reassessment this coming year. But, if they do want one, and the consultant is available – a public informational meeting would be held in the fall of this year. Georgette said that it would be to the town’s advantage to do it in 2008, so that the town could achieve equity. As for the school tax or county tax level ---- the advantage would be ----- If the project was approved and the town obtained the 100% equalization rate --- the school tax rate would be reduced – the town’s percentage of the levy would be less and the town’s rate would go down. And if that went on the roll in July of 2008, it would be reflected in the Sept. 2008 School tax bills. It would also be an advantage because the Star Exemption is tied to the equalization rate, and if the equalization rate jumps a certain percent ----- then the star will also jump that percent. The same goes for the veteran’s exemption, which is tied to the equalization rate also. More discussion was held.
The Town Board Members said that they would like to review some of big projects that the town would like to consider before a decision is made on doing a re-assessment, so the budget isn’t affected by the revaluation.

Clean-Up Day

Supervisor Dixie Baldrey said that she called the Supt. of Highways, Larry Cross, on setting up a Clean Up Day, and hadn’t checked her messages to see if she heard back from him, so the date for the Clean-Up Day will be tabled until next month.

Coalition of Watershed Towns

The Town received a ballot for the election of Executive Committee members for Greene County. The ballots were for the regular and alternate members. The two candidates were T. Patrick Meehan, Jr. and Dennis Lucas as the regular members and Richard F. Morse, as the alternate member.

RESOLUTION # 36-07
BALLOT -- EXECUTIVE COMMITTEE /CWC

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

This Town of Lexington Town Board moves to vote for T. Patrick Meehan, Jr. and Dennis Lucas as two year term candidates and Richard F, Morse as the alternate candidate member for the Executive Committee of the Coalition of Watershed Towns.

Z.B.A. Member

Supervisor Baldrey said that she hasn’t followed up on the member appointment yet, but has the names of two possibilities which she will look into. Cindy Nelson and Ann Marie Phelan.

Emergency Preparedness Committee

Supervisor Dixie Baldrey said that the Emergency Preparedness Committee discussed the Plan and made changes and updates where they were needed. The Supervisor read the changes, and asked the Town Clerk to notify the participants that they are on the list.

RESOLUTION # 37-07
ADOPT EMERGENCY PREPAREDNESS PLAN

It is resolved that this Town Board of the Town of Lexington adopts the Emergency Preparedness Plan, and would like a copy forwarded to each participant on the list.

Snowmobile Agreement

Supervisor Dixie Baldrey said that a draft agreement has been drawn up for the Big Valley Trail Breakers Snowmobile Club and the Town of Lexington. The town would be acting as a sponsor so that they can apply for grants from New York State. Supervisor Baldrey will send her draft copy to the Attorney for the Town, Tal Rappleyea, so that he can approve the draft and make up the final agreement.

Unsafe Buildings

Supervisor Baldrey gave a copy of the petition to the Town Board Members regarding the Petition from the Town of Lexington against Jaroslawa Gerulak that was sent to the Supreme Court from the Attorney for the Town, Tal Rappleyea.
Supervisor Baldrey also said that she signed the lease agreement for the Roger Hartnett property, which has been forwarded to him.

Fund Balance

Supervisor Baldrey said that she has the document that has the 2005 Fund Balance on it, and if anyone would like to look at it to figure out the fund balance --- she would be happy to do that.

Correspondence

Supervisor Dixie Baldrey received a response from NYC DEP regarding a right of way on a piece of property that they are purchasing, which has a cemetery on it. They said that DEP has acquired several properties that include cemeteries subject to the right of other access and maintain the cemetery. Supervisor Baldrey will call Alice to get more information.
Received notices for the training for the Planning and Zoning Board. It is on file in the Town Clerk’s office.
Greene County sent the appropriation for the dog revenue back to the town.
Tectonic Engineering Consultants sent correspondence regarding a cell tower behind Hunter Village.
The New York State Highway Department retuned a notice that they were reviewing the Speed Limit on County Rt. 23C.
Notice from LUCA (Local Update of Census Addresses) A Workshop to be held in Cario for census and 911 numbers.

Pay the Bills

RESOLUTION #38-07
AUDIT OF CLAIMS

On a motion of Councilmember Lynn Byrne, seconded by Councilmember Keith Mellott, the following resolution was
ADOPTED. Ayes 5 -- Baldrey, Byrne, Mellott, Van Valkenburgh and Nelson
Nays 0
Absent – 0

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

Resolved that the bills be paid on Abstract # 3 in the following amounts:
General Fund No. 40 through 67 = $ 13,791.87
Resolved that the bills be paid on Abstract # 2 in the following amounts:
Highway Fund No. 16 through 27 = $ 12,021.96
Resolved that the bills be paid on Abstract # 1 in the following amounts
Special Lighting District No. 2 = $ 163.50

Adjourn

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

Supervisor Dixie Baldrey adjourned the meeting.

Respectfully submitted,

Rose Williams, Town Clerk