Board Meeting 4/03/2007 & Local Law No.3
The Regular Meeting of the Town Board of the Town of Lexington was called to order on April 3, 2007 at 7:00 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
Lynn Byrne
Maurice Nelson
Town Clerk .......................…............. Rose Williams
ABSENT: Councilmember ……………………… Paul Van Valkenburgh
OTHERS PRESENT: John Loftus, Ralph J. Albino, Glenn Howard, Nicholas Palermo, and Mike Ryan (Windham Journal Rep.).
RESOLUTION #39-07
ACCEPT THE MINUTES
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, Nelson, Van Valkenburgh
Nays - 0
This Town Board resolves to accept the minutes of the regular meeting held on March 6, 2007.
Financial Report
Supervisor Dixie Baldrey presented the financial report to the Town Board for review, and reported that a transfer was needed in (A9040.8) Workers Compensation because the premium went up and it was over drawn by $145.00., but the extra funds could be taken from State Retirement (A9010.8). Records Management also needs to be corrected because the total is wrong.
A discussion was held on why some of the figures were different in the summary page of the CD’s and Dixie said that she would ask to have them reconciled to understand them better.
RESOLUTION # 40-07
TRANSFER – GENERAL FUND
On a motion by Council Member Keith Mellott, seconded by Council Member Lynn Byrne, the following resolution was
ADOPTED - Ayes - 5 - Baldrey, Byrne, Mellott, Nelson, Van Valkenburgh
Nays - 0
This Town Board moves to make the following transfer in the General Fund under Employee Benefits:
From: State Retirement (A9010.8) == $145.00
To: Workers Compensation (A9040.8) == $145.00
RESOLUTION #41-07
APPROVE 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, Nelson, Van Valkenburgh
Nays - 0
It is resolved that this Town of Lexington Town Board approves the Financial Report ending March 2007 with the necessary corrections as stated previously.
Local Law # 3 of 2007
Supervisor Dixie Baldrey said that the Town Board has met all of the requirements for adopting Local Law # 3 of 2007, and what was the Board pleasure in adopting L.L. # 3 of 2007.
RESOLUTION #42-07
ADOPT LOCAL LAW # 3 OF 2007
On a motion by Council Member Lynn Byrne, seconded by Council Member Maurice Nelson, the following resolution was
ADOPTED - Ayes - 5 - Baldrey, Byrne, Mellott, Nelson, Van Valkenburgh
Nays - 0
This Town Board resolves to adopt Local Law No. 3 of 2007, which provides for the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code, and whereas the law is:
Resolution # 42-07 --- Continued
TOWN OF LEXINGTON
LOCAL LAW # 3 OF 2007
A LOCAL LAW PROVIDING FOR THE
ADMINISTRATION AND ENFORCEMENT OF THE
NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE
Be it enacted by the Town Board of the Town of Lexington, in the County of Greene, as follows:
SECTION 1. PURPOSE AND INTENT
This local law provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in this Town. This local law is adopted pursuant to section 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or other section of this local law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this local law.
SECTION 2. DEFINITIONS
In this local law:
“Building Permit” shall mean a permit issued pursuant to section 4 of this local law. The term shall also include a Building Permit which is renewed, amended or extended pursuant to any provision of this local law.
“Certificate of Occupancy”/“Certificate of Compliance”] shall mean a certificate issued pursuant to subdivision (b) of section 7 of this local law.
“Code Enforcement Officer” shall mean the Code Enforcement Officer appointed pursuant to subdivision (b) of section 3 of this local law.
“Code Enforcement Personnel” shall include the Code Enforcement Officer and all Inspectors.
“Compliance Order” shall mean an order issued by the Code Enforcement Officer pursuant to subdivision (a) of section 15 of this local law.
“Energy Code” shall mean the State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
“Inspector” shall mean an inspector appointed pursuant to subdivision (d) of section 4 of this local law.
“Operating Permit” shall mean a permit issued pursuant to section 10 of this local law. The term “Operating Permit” shall also include an Operating Permit which is renewed, amended or extended pursuant to any provision of this local law.
“Permit Holder” shall mean the Person to whom a Building Permit has been issued.
“Person” shall include an individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.
“Stop Work Order” shall mean an order issued pursuant to section 6 of this local law.
“Temporary Certificate” shall mean a certificate issued pursuant to subdivision (d) of section 7 herein.
“Town” shall mean the Town of Lexington.
“Uniform Code” shall mean the New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.
SECTION 3. CODE ENFORCEMENT OFFICER AND INSPECTORS
(a) The office of Code Enforcement Officer is hereby created. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this local law. The Code Enforcement Officer shall have the following powers and duties:
(1) to receive, review, and approve or disapprove applications for Building Permits, Certificates of Occupancy / Certificates of Compliance, Temporary Certificates and Operating Permits, and the plans, specifications and construction documents submitted with such applications;
(2) upon approval of such applications, to issue Building Permits, Certificates of Occupancy / Certificates of Compliance, Temporary Certificates and Operating Permits, and to include in Building Permits, Certificates of Occupancy / Certificates of Compliance, Temporary Certificates and Operating Permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate;
(3) to conduct construction inspections, inspections to be made prior to the issuance of Certificates of Occupancy / Certificates of Compliance, Temporary Certificates and Operating Permits, fire safety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this local law;
(4) to issue Stop Work Orders;
(5) to review and investigate complaints;
(6) to issue orders pursuant to subdivision (a) of section 15 Violations of this local law;
(7) to maintain records;
(8) to collect fees as set by the [specify legislative body] of this [City / Town / Village];
(9) to pursue administrative enforcement actions and proceedings;
(10) in consultation with this Town’s attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this local law, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this local law; and
(11) to exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this local law.
(b) The Code Enforcement Officer shall be appointed by the Town Board. The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated there under.
(c) In the event that the Code Enforcement Officer is unable to serve as such for any reason, an individual shall be appointed by the Town Board to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this local law.
(d) One or more Inspectors may be appointed by the Town Board to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this local law. Each Inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and each Inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
(e) The compensation for the Code Enforcement Officer and Inspectors shall be fixed from time to time by the Town Board of this Town.
SECTION 4. BUILDING PERMITS.
(a) Building Permits Required. Except as otherwise provided in subdivision (b) of this section, a Building Permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid fuel burning heating appliance, chimney or flue in any dwelling unit. No Person shall commence any work for which a Building Permit is required without first having obtained a Building Permit from the Code Enforcement Officer.
(b) Exemptions. No Building Permit shall be required for work in any of the following categories:
(1) installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(2) installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground;
(3) installation of fences which are not part of an enclosure surrounding a swimming pool;
(4) construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids;
(5) construction of temporary motion picture, television and theater stage sets/scenery;
(6) installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(7) installation of partitions or movable cases less than 5'-9" in height;
(8) painting, wallpapering, tiling, carpeting, or other similar finish work;
(9) installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(10) replacement of any equipment provided the replacement does not alter the equipment’s listing or render it inconsistent with the equipment’s original specifications; or
(11) repairs, provided that such repairs do not involve (i) the removal or cutting away of a loadbearing wall, partition, or portion thereof, or of any structural beam or load bearing component; (ii) the removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; (iii) the enlargement, alteration, replacement or relocation of any building system; or (iv) the removal from service of all or part of a fire protection system for any period of time.
(c) Exemption not deemed authorization to perform non-compliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in subdivision (b) of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
(d) Applications for Building Permits. Applications for a Building Permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation:
(1) a description of the proposed work;
(2) the tax map number and the street address of the premises where the work is to be performed;
(3) the occupancy classification of any affected building or structure;
(4) where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and
(5) at least 2 sets of construction documents (drawings and/or specifications) which (i) define the scope of the proposed work; (ii) are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law; (iii) indicate with sufficient clarity and detail the nature and extent of the work proposed; (iv) substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and (v) where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines.
(e) Construction documents. Construction documents will not be accepted as part of an application for a Building Permit unless they satisfy the requirements set forth in paragraph (5) of subdivision (d) of this section. Construction documents which are accepted as part of the application for a Building Permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as
authorization to commence work, nor as an indication that a Building Permit will be issued. Work shall not be commenced until and unless a Building Permit is issued.
(f) Issuance of Building Permits. An application for a Building Permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Code Enforcement Officer shall issue a Building Permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code.
(g) Building Permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.
(h) Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the Building Permit. The Building Permit shall contain such a directive. The Permit Holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work. The Building Permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended Building Permit, such change shall not be made until and unless a new or amended Building Permit reflecting such change is issued.
(i) Time limits. Building Permits shall become invalid unless the authorized work is commenced within [ 6 ] months following the date of issuance. Building Permits shall expire [12 ] months after the date of issuance. A Building Permit which has become invalid or which has expired pursuant to this subdivision may be renewed upon application by the Permit Holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer.
(j) Revocation or suspension of Building Permits. If the Code Enforcement Officer determines that a Building Permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a Building Permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that (1) all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and (2) all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code.
(k) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 Fees of this local law must be paid at the time of submission of an application for a Building Permit, for an amended Building Permit, or for renewal of a Building Permit.
SECTION 5. CONSTRUCTION INSPECTIONS.
(a) Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an Inspector authorized by the Code Enforcement Officer. The Permit Holder shall notify the Code Enforcement Officer when any element of work described in subdivision (b) of this section is ready for inspection.
(b) Elements of work to be inspected. The following elements of the construction process shall be inspected made, where applicable:
(1) work site prior to the issuance of a Building Permit;
(2) footing and foundation;
(3) preparation for concrete slab;
(4) framing;
(5) building systems, including underground and rough-in;
(6) fire resistant construction;
(7) fire resistant penetrations;
(8) solid fuel burning heating appliances, chimneys, flues or gas vents;
(9) Energy Code compliance; and
(10) a final inspection after all work authorized by the Building Permit has been completed.
(c) Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the Permit Holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed.
(d) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 Fees of this local law must be paid prior to or at the time of each inspection performed pursuant to this section.
SECTION 6. STOP WORK ORDERS.
(a) Authority to issue. The Code Enforcement Officer is authorized to issue Stop Work Orders pursuant to this section. The Code Enforcement Officer shall issue a Stop Work Order to halt:
(1) any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or Energy Code, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or
(2) any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or
(3) any work for which a Building Permit is required which is being performed without the required Building Permit, or under a Building Permit that has become invalid, has expired, or has been suspended or revoked.
(b) Content of Stop Work Orders. Stop Work Orders shall (1) be in writing, (2) be dated and signed by the Code Enforcement Officer, (3) state the reason or reasons for issuance, and (4) if applicable, state the conditions which must be satisfied before work will be permitted to resume.
(c) Service of Stop Work Orders. The Code Enforcement Officer shall cause the Stop Work Order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the Permit Holder, on the Permit Holder) personally or by [registered mail / certified mail]. The Code Enforcement Officer shall be permitted, but not required, to cause the Stop Work Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or
any other Person taking part or assisting in work affected by the Stop Work Order, personally or by registered mail; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Stop Work Order.
(d) Effect of Stop Work Order. Upon the issuance of a Stop Work Order, the owner of the affected property, the Permit Holder and any other Person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the Stop Work Order.
(e) Remedy not exclusive. The issuance of a Stop Work Order shall not be the exclusive remedy available to address any event described in subdivision (a) of this section, and the authority to issue a Stop Work Order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under section 15 Violations of this local law or under any other applicable local law or State law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a Stop Work Order.
SECTION 7. CERTIFICATES OF OCCUPANCY / CERTIFICATES OF COMPLIANCE
(a) Certificates of Occupancy / Certificates of Compliance required. A Certificate of Occupancy / Certificate of Compliance shall be required for any work which is the subject of a Building Permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or sub classification to another. Permission to use or occupy a building or structure, or portion thereof, for which a Building Permit was previously issued shall be granted only by issuance of a [Certificate of Occupancy / Certificate of Compliance].
(b) Issuance of Certificates of Occupancy / Certificates of Compliance. The Code Enforcement Officer shall issue a Certificate of Occupancy / Certificate of Compliance if the work which was the subject of the Building Permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or sub classification to another complies with all applicable provisions of the Uniform Code and Energy Code. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the building, structure or work prior to the issuance of a Certificate of Occupancy / Certificate of Compliance. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for the Certificate of Occupancy / Certificate of Compliance, shall be provided to the Code Enforcement Officer prior to the issuance of the Certificate of Occupancy / Certificate of Compliance:
(1) a written statement of structural observations and/or a final report of special inspections, and
(2) flood hazard certifications.
(c) Contents of Certificates of Occupancy / Certificates of Compliance. A Certificate of Occupancy / Certificate of Compliance shall contain the following information:
(1) the Building Permit number, if any;
(2) the date of issuance of the Building Permit, if any;
(3) the name, address and tax map number of the property;
(4) if the Certificate of Occupancy / Certificate of Compliance is not applicable to an entire structure, a description of that portion of the structure for which the Certificate of Occupancy / Certificate of Compliance is issued;
(5) the use and occupancy classification of the structure;
(6) the type of construction of the structure;
(7) the assembly occupant load of the structure, if any;
(8) if an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;
(9) any special conditions imposed in connection with the issuance of the Building Permit; and
(10) the signature of the Code Enforcement Officer issuing the Certificate of Occupancy / Certificate of Compliance and the date of issuance.
(d) Temporary Certificate. The Code Enforcement Officer shall be permitted to issue a Temporary Certificate allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a Building Permit. However, in no event shall the Code Enforcement Officer issue a Temporary Certificate unless the Code Enforcement Officer determines (1) that the building or structure, or the portion thereof covered by the Temporary Certificate, may be occupied safely, (2) that any fire- and smoke-detecting or fire protection equipment which has been installed is operational, and (3) that all required means of egress from the building or structure have been provided. The Code Enforcement Officer may include in a Temporary Certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A Temporary Certificate shall be effective for a period of time, not to exceed [ 6 ] months, which shall be determined by the Code Enforcement Officer and specified in the Temporary Certificate. During the specified period of effectiveness of the Temporary Certificate, the Permit Holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code.
(e) Revocation or suspension of certificates. If the Code Enforcement Officer determines that a Certificate of Occupancy / Certificate of Compliance or a Temporary Certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate.
(f) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 Fees of this local law must be paid at the time of submission of an application for a Certificate of Occupancy / Certificate of Compliance or for Temporary Certificate.
SECTION 8. NOTIFICATION REGARDING FIRE OR EXPLOSION.
The chief of any fire department providing fire fighting services for a property within this Town shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel burning appliance, chimney or gas vent.
SECTION 9. UNSAFE BUILDING AND STRUCTURES
Unsafe structures and equipment in this Town shall be identified and addressed in accordance with the procedures established by the Town of Lexington’s Unsafe Buildings Local Law, as are now in effect or as hereafter amended from time to time.
SECTION 10. OPERATING PERMITS.
(a) Operation Permits required. Operating Permits shall be required for conducting the activities or using the categories of buildings listed below:
(1) manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled “Fire Code of New York State” and incorporated by reference in 19 NYCRR section 1225.1;
(2) hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling;
(3) use of pyrotechnic devices in assembly occupancies;
(4) buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and
(5) buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board of this Town.
Any person who proposes to undertake any activity or to operate any type of building listed in this subdivision (a) shall be required to obtain an Operating Permit prior to commencing such activity or operation.
(b) Applications for Operating Permits. An application for an Operating Permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer determines that tests or reports are necessary to verify
conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant.
(c) Inspections. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an Operating Permit.
(d) Multiple Activities. In any circumstance in which more than one activity listed in subdivision (a) of this section is to be conducted at a location, the Code Enforcement Officer may require a separate Operating Permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single Operating Permit to apply to all such activities.
(e) Duration of Operating Permits. Operating Permits shall remain in effect until reissued, renewed, revoked, or suspended.
(f) Revocation or suspension of Operating Permits. If the Code Enforcement Officer determines that any activity or building for which an Operating Permit was issued does not comply with any applicable provision of the Uniform Code, such Operating Permit shall be revoked or suspended.
(g) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 Fees of this local law must be paid at the time submission of an application for an Operating Permit, for an amended Operating Permit, or for reissue or renewal of an Operating Permit.
SECTION 11. FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS
(a) Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at the following intervals:
Fire safety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every twelve (12) months.
Fire safety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every twelve (12) months.
Fire Safety and property maintenance inspections of all multiple dwellings not included in paragraphs (1) or (2) of
this subdivision, and all non-residential buildings, structures, uses and occupancies not included in paragraphs (1)
or (2) of this subdivision, shall be performed at least once every [specify interval consistent with local conditions,
not to exceed thirty-six (36) months].
(b) Inspections permitted. In addition to the inspections required by subdivision (a) of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at any time upon:
(1) the request of the owner of the property to be inspected or an authorized agent of such owner;
(2) receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or
(3) receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
(c) OFPC Inspections. Nothing in this section or in any other provision of this local law shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control (“OFPC”) and the New York State Fire Administrator under Executive Law section 156-e and Education Law section 807-b. Notwithstanding any other provision of this section to the contrary:
(1) the Code Enforcement Officer shall not perform fire safety and property maintenance inspections of a building or structure which contains an area of public assembly if OFPC performs fire safety and property maintenance inspections of such building or structure at least once every twelve (12) months;
(2) the Code Enforcement Officer shall not perform fire safety and property maintenance inspections of a building or structure occupied as a dormitory if OFPC performs fire safety and property maintenance inspections of such building or structure at least once every twelve (12) months;
(3) the Code Enforcement Officer shall not perform fire safety and property maintenance inspections of a multiple dwelling not included in paragraphs (1) or (2) of subdivision (a) of this section if OFPC performs fire safety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in paragraph (3) of subdivision (a) of this section; and9
(4) the Code Enforcement Officer shall not perform fire safety and property maintenance inspections of a non-residential building, structure, use or occupancy not included in paragraphs (1) or (2) of subdivision (a) of this section if OFPC performs fire safety and property maintenance inspections of such non-residential building, structure, use or occupancy at intervals not exceeding the interval specified in paragraph (3) of subdivision (a) of this section.]
(d) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid prior to or at the time each inspection performed pursuant to this section. This subdivision shall not apply to inspections performed by OFPC.
SECTION 12. COMPLAINTS
The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this local law, or any other local law, ordinance or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem to be appropriate:
(a) performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;
(b) if a violation is found to exist, providing the owner of the affected property and any other Person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in section 15 (Violations) of this local law;
(c) if appropriate, issuing a Stop Work Order;
(d) if a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint.
SECTION 13. RECORD KEEPING.
(a) The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all Code Enforcement Personnel, including records of:
all applications received, reviewed and approved or denied;
(2) all plans, specifications and construction documents approved;
(3) all Building Permits, Certificates of Occupancy / Certificates of Compliance, Temporary Certificates, Stop Work Orders, and Operating Permits issued;
(4) all inspections and tests performed;
(5) all statements and reports issued;
(6) all complaints received;
(7) all investigations conducted;
(8) all other features and activities specified in or contemplated by sections 4 through 12, inclusive, of this local law, including; and
(9) all fees charged and collected.
(b) All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by State law and regulation.
SECTION 14. PROGRAM REVIEW AND REPORTING
(a) The Code Enforcement Officer shall annually submit to the Town Board a written report and summary of all business conducted by the Code Enforcement Officer and the Inspectors, including a report and summary of all transactions and activities described in section 13 Record Keeping of this local law and a report and summary of all appeals or litigation pending or concluded.
(b) The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of the Town, on a form prescribed by the Secretary of State, a report of the activities of the Town relative to administration and enforcement of the Uniform Code.
(c) The Code Enforcement Officer shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials the Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of the Town in connection with administration and enforcement of the Uniform Code.
SECTION 15: VIOLATIONS
(a) Compliance Orders. The Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this local law. Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a Compliance Order. The Compliance Order shall (1) be in writing; (2) be dated and signed by the Code Enforcement Officer; (3) specify the condition or activity that violates the Uniform Code, the Energy Code, or this local law; (4) specify the provision or provisions of the Uniform Code, the Energy Code, or this local law which is/are violated by the specified condition or activity; (5) specify the period of time which the Code Enforcement Officer deems to be reasonably necessary for achieving compliance; (6) direct that compliance be achieved within the specified period of time; and (7) state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. The Code Enforcement Officer shall cause the Compliance Order, or a copy thereof, to be served on the owner of the affected property personally or by registered mail. The Code Enforcement Officer shall be permitted, but not required, to cause the Compliance Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work being performed at the affected property personally or by registered mail; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Compliance Order.
(b) Appearance Tickets. The Code Enforcement Officer and each Inspector are authorized to issue appearance tickets for any violation of the Uniform Code.
(c) Civil Penalties. In addition to those penalties proscribed by State law, any Person who violates any provision of the Uniform Code, the Energy Code or this local law, or any term or condition of any Building Permit, Certificate of Occupancy / Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this local law, shall be liable to a civil penalty of not more than $200 for each day or
part thereof during which such violation continues. The civil penalties provided by this subdivision shall be recoverable in an action instituted in the name of the Town.
Additionally, in the event of violations of Section 106 of the New York State Property Maintenance Law relating to refuse, junk cars, etc., the Town is hereby authorized to remove such refuse, junk cars, etc. in the same manner set forth in the Town of Lexington’s Local Law 1 of the year 2003, referred to hereinabove at Section 9 Unsafe Buildings and Structures.
(d) Injunctive Relief. An action or proceeding may be instituted in the name of the Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this local law, or any term or condition of any Building Permit, Certificate of Occupancy / Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit, Compliance Order, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this local law. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this local law, or any Stop Work Order, Compliance Order or other order obtained under the Uniform Code, the Energy Code or this local law, an action or proceeding may be commenced in the name of this Town, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this subdivision shall be commenced without the appropriate authorization from the Town Board.
(e) Remedies Not Exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in section 6 Stop Work Orders of this local law, in any other section of this local law, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in section 6 Stop Work Orders of this local law, in any other section of this local law, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in subdivision (2) of section 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in subdivision (2) of section 382 of the Executive Law.
SECTION 16: FEES
A fee schedule shall be established by resolution of the Town Board. Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, the issuance of Building Permits, amended Building Permits, renewed Building Permits, Certificates of occupancy / Certificates of Compliance, Temporary Certificates, Operating Permits, fire safety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this local law.
SECTION 17. INTERMUNICIPAL AGREEMENTS
The Town Board may, by resolution, authorize the Town to enter into an agreement, in the name of the Town, with other governments to carry out the terms of this local law, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law.
SECTION 18. PARTIAL INVALIDITY
If any section of this local law shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this local law.
SECTION 19. EFFECTIVE DATE
This local law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law.
Clean Up Day
Supervisor Dixie Baldrey said that she had a message on her machine after last meeting and Supt. of Highways suggested having the Clean-Up Day on May 21st, 2007. The Town Board Members agreed that would be fine. It would be metal only with the same ad as last year, but make it a larger ad because the compressors have to be removed from the refrigerators.
Planning Board
Chairman Glenn Howard said that the Planning Board Members expressed that they didn’t mind doing the four hours of training per year, but the classes that were being offered at the training session were not for small towns ---- like what would be useful to the Town of Lexington. Therefore, Glenn Howard called Ed Diamante at the Greene County Planning Dept. to see what they could do for the four hours of training, and Mr. Ed Diamante sent information to Chairman Howard telling him of the things that need to be met and how they could do their training. Mr. Diamante said that the town could set up there own training schedule and how it is done, so Chairman Howard asked the Town Board Members if they would give him the responsibility to provide the training to the Planning Board that he thinks they need. A discussion was held. Glenn Howard will ask the Planning Board Members how they would like to do their training, and give Supervisor Baldrey a written account on how they plan to do it.
RESOLUTION #43-07
PLANNING BOARD TRAINING
On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Keith Mellott, the following resolution was
ADOPTED - Ayes - 5 - Baldrey, Byrne, Mellott, Nelson, Van Valkenburgh
Nays - 0
It is resolved that this Town of Lexington Town Board authorizes the Planning Board Chairman Glenn Howard to be responsible for the four hour training requirements, and give the Supervisor an account of what is planned.
Snowmobile Agreement
Supervisor Dixie Baldrey said that she has not had the opportunity to get in touch with town attorney, Tal Rappleyea, regarding the snowmobile agreement, but would do that soon.
Procurement Policy
Councilmember Lynn Byrne had the wrong copy of the Procurement Policy, which she was reviewing, so therefore, it will be brought up at the next meeting in May for adoption.
Investment Policy
The Town Board Members reviewed the Investment Policy and a discussion was held.
RESOLUTION #44-07
ADOPT INVESTMENT POLICY
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, Nelson, Van Valkenburgh
Nays – 0
This Town Board moves to adopt the following Investment Policy for the Town of Lexington:
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.
IV 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 judgment 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__
___Key Bank__________ __ $300,000.________ __________________
_____________________ ___________________ __________________
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.
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.
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.
APPENDIX A
Schedule of Eligible Securities
________ (I) Obligations insured, or fully insured or guaranteed as to the payment of principal and interest, by the United States of America, an agency thereof or a United States Government sponsored corporations.
___________ (ii) Obligations issued or fully guaranteed by the International Bank for Reconstruction and Development, the later American Development Bank, the Asian Development Bank, and the African Development Bank.
___________ (iii) Obligation partially insured or guaranteed by any agency of the United State of America, at a proportion of the Market Value of the obligation that represents the amount of the insurance or guaranty.
___________ (iv) Obligations issued or fully insured or guaranteed by the State of New York, obligations issued by a municipal corporation, school district or district corporation of such State or obligations of any public benefit corporation which under a specific State statute may be accepted as security for deposit of public moneys.
___________ (v) Obligations issued by states (other that the State of New York) of the United States rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization.
___________ (vi) Obligations of Puerto Rico rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization.
___________ (vii) Obligations of counties, cities, and other governmental entitles of a state other than the State of New York having the power to levy taxes that are backed by the full faith and credit of such governmental entity and rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization.
___________ (Viii) Obligations of domestic corporations rated in one of the two highest rating categories by at least one nationally recognized statistical rating organization.
___________ (ix) Any mortgage related securities, as defined in the Securities Exchange Act of 1934, as amended, which may be purchased by banks under the limitations established by bank regulatory agencies.
___________ (x) Commercial paper and bankers' acceptance issued by a bank, other than the Bank, rated in the highest short term category by at least one nationally recognized statistical rating organization and having maturities of not longer that 60 days from the date they are pledged.
___________ (xi) Zero coupon obligations of the United States government marketed as "Treasury strips".
Garbage Contract
Supervisor Dixie Baldrey said that she received an Evergreen Disposal Service Agreement, which could be put in place for three years at a cost of $82.50 a month with pick up every other week (twice a month). Other prices were sought by calling other contractors and most of them don’t do dumpsters, but after a discussion, the Town Board Members thought that it would be best to lock in the price of $82.50 a month for three years.
RESOLUTION #45-07
GARBAGE CONTRACT
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, Nelson, Van Valkenburgh
Nays – 0
This Town Board moves to authorize Supervisor Dixie Baldrey to sign the Service Agreement with Evergreen Disposal from South Cairo, NY 12482, for the three year period, April 1, 2007 to April 1, 2010, where they would pick up the garbage from the dumpster behind the Municipal Building every other week.
Flag
Supervisor Dixie Baldrey had an American Flag that the Town of Lexington Historical Society wanted donated to the Town of Lexington, which they would like isplayed in the Board Room. Supervisor Dixie Baldrey will write a Thank You Note to the Town of Lexington Historical Society for the flag, and ask the maintenance man to put it up. .
Budget Seminar
Supervisor Dixie Baldrey said that the Association of Towns is sponsoring a Town Finance & Management School in Saratoga Springs from Wednesday May 9, 2007 to Friday May 11, 2007, and she would like permission for Trudy Daley to attend at a cost of $200. for the registration fee. Supervisor Dixie Baldrey said that she would also attend at her own expenses, because she went to the New York Conference previously. Councilmember Lynn Byrne said that she would look into going and register if she could attend.
RESOLUTION #46-07
APPROVE FINANCE SCHOOLING
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, Nelson, Van Valkenburgh
Nays – 0
This Town Board resolves to approve the expenditures for the “7th Annual Town Finance & Management School, which will be held in Saratoga from 5/9/07 to 5/11/07.
Cell Tower
Supervisor Dixie Baldrey received a letter from the Cell Tower Company and he said that they are doing a lot of things with cell towers and he could propose different ideas. Therefore, Supervisor Baldrey said that she would like permission from the Board Members to invite this gentleman to a meeting, and the Board Members didn’t have any objection to him coming.
Highway Garage
Supervisor Dixie Baldrey said that she has spoke to Supt. of Highway, Larry Cross, and others regarding a highway garage, and they mentioned that Morton Building would make what ever you want and they are prefab buildings. Supervisor Baldrey felt that the town needs to have a cost estimate first before you can go forth on a highway garage, and she would like to invite a representative from Morton Buildings to come in the future. She also mentioned that Doug Van Duesen and Renee Van Schaack believe that they can find funds available to help with the cost because of where the highway garage is located now.
Z.B.A. Member
Constance Mangano resigned from the Zoning Board of Appeals, and Supervisor Dixie Baldrey said that Nicholas Palermo had expressed an interest in it, and she would like to appoint him to the Zoning Board of Appeals.
RESOLUTION #47-07
APPOINT ZONING BOARD OF APPEALS MEMBER
On a motion by Supervisor Dixie Baldrey, seconded by Council Member Lynn Byrne, the following resolution was
ADOPTED - Ayes - 5 - Baldrey, Byrne, Mellott, Nelson, Van Valkenburgh
Nays – 0
It is resolved; that this Town of Lexington Town Board shall appoint Nicholas Palermo as a member of the Zoning Board of Appeals, replacing Constance Mangano, with a term that will expire on 12/31/09.
Fund Balance Disbursement
Supervisor Dixie Baldrey said that the town has not decided what to do with the fund balance and reminded Councilmember Paul Van Valkenburgh that he hasn’t come in to see where the fund balance was put for 2005. The Board Members discussed using the money to fix the brick work on the Municipal Building and setting up a Highway Building fund, but decided to put into a CD for six month because they don’t know the cost of either one.
RESOLUTION #48-07
FUND BALANCE - 2006
On a motion by Council Member Keith Mellott, seconded by Council Member Paul Van Valkenburgh, the following resolution was
ADOPTED - Ayes - 5 - Baldrey, Byrne, Mellott, Nelson, Van Valkenburgh
Nays – 0
This Town Board moves to establish a six-month Certificate of Deposit for the Fund Balance from 2006 for $121,760, and identify it as the “Capital Maintenance” account.
B.A.R. Member
RESOLUTION #49-07
APPOINT BA.R. MEMBER
On a motion by Council Member Lynn Byrne, seconded by Council Member Keith Mellott, the following resolution was
ADOPTED - Ayes - 5 - Baldrey, Byrne, Mellott, Nelson, Van Valkenburgh
Nays – 0
This Town of Lexington Town Board resolves to appoint James Tilp as a member of the Board of Assessment & Review with a term that will expire on 9/30/11.
Cemetery
A discussion was held regarding the cemetery that is located on a parcel of land that is being purchased by NYC DEP. Supervisor Dixie Baldrey will contact Alice C. and request a formal written easement, giving the town access to the little cemetery that is within the property.
LUCA Workshop
Rose & Georgette attended the LUCA (Local Update of Census Addresses) Workshop in Cario with the plan of getting information for the 911 addresses and hoping to use them on the property rolls for the Town.
Correspondence
Receive notice from the Jewett Planning Board in regard to a minor subdivision in the Town of Jewett which boarders the Town of Lexington.
Twin Counties Cultural Fund / Columbia & Greene Counties Councils on the Arts is hosting a reception for 2007 -- DEC and CIP award recipients on Wednesday, April 18, 2007 Notice was received from the Ulster – Greene ARC’s 26th Annual Humanitarian Dinner which will be held on May 4, 2007
Catskill Watershed Corp. Annual Meeting is being held on April 24, 2007 at 6 PM at 905 Main Street, Margaretville, NY.
Pay the Bills
RESOLUTION #50-07
AUDIT OF CLAIMS
On a motion of Supervisor Dixie Baldrey, seconded by Councilmember Keith Mellott, the following resolution was
ADOPTED. Ayes 5 -- Baldrey, Byrne, Mellott, Nelson, Van Valkenburgh.
Nays 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 # 4 in the following amounts:
General Fund No. 68 through 85 = $11,832.62
Resolved that the bills be paid on Abstract # 3 in the following amounts:
Highway Fund No. 28 through 34 = $ 9,715.97
Audit Financial Records (AMENDED BY ADDING)
The Town Board Members audited the following financial records for 2006, Tax Collector’s Books, Town Clerk’s Petty Cash, Town Clerk’s Cash Book, Judge’s Record Book, and the Judge’s Cash Book.
Adjourn
With no further business, a motion was made by Councilmember Paul Van Valkenburgh, seconded by Councilmember Keith Mellott, that the meeting should be adjourned. Carried unanimously.
Supervisor Dixie Baldrey adjourned the meeting.
Respectfully submitted,
Rose Williams, Town Clerk
APRIL 3, 2007
PUBLIC HEARING
LOCAL LAW No. 3 OF 2007
6:45 PM
The Town Board of the Town of Lexington held a Public Hearing on April 3, 2007 at 6:45 PM at the Municipal Building, 3542 Route 42, Lexington, NY. Supervisor Dixie Baldrey said that the Public Hearing was for a Local Law providing for the administration and enforcement of the NYS Uniform Fire Prevention and Building Code.
PRESENT: Supervisor --------------------------- Dixie Baldrey
Council Members ------------------ Lynn Byrne
Paul Van Valkenburgh
Keith Mellott
Maurice Nelson
Town Clerk -------------------------- Rose Williams
OTHERS PRESENT: None
The Public Hearing Notice was advertised in the local newspaper, the Windham Journal, the week of March 22, 2007, and it is so stated into this record.
“Notice is hereby given that a Public Hearing will be held before the regular scheduled meeting of the town of Lexington Town Board at the Lexington Municipal Building, Route 42, Lexington, NY on Tuesday, April 3rd, 2007, entitled, “A Local Law Providing For The Administration And Enforcement Of The NYS Uniform Fire Prevention And Building Code”, which is a local law providing for the administration and enforcement of the codes pursuant to Section 10 of the Municipal Home Rule Law. At such time and place all persons interested in the subject matter thereof will be heard concerning the same. A copy of the proposed local law can be obtained at the Town Clerk’s Office during business hours. The regular meeting of the Town Board will follow the public hearing at 7:00 PM”
Supervisor Dixie Baldrey opened the Public Hearing for Local Law No. 3 of 2007 and asked the public if anyone had a comment or question regarding the local law. Time 6:46 PM
No comments were made.
Council Member Keith Mellott said that a resident had raised a question about the number of inspection that would take place for a single residence and by whom. It was felt that it was misinterpreted, because there are no inspections of private residence. A portion of paragraph 3 on page 11 was read for information.
Supervisor Dixie Baldrey asked for a motion to close the public hearing for Local Law No. 3 of 2007.
Council Member Lynn Byrne made a motion to close the public hearing for Local Law No. 3 of 2007, seconded by Council Member Maurice Nelson. Time: 6:52 PM
Vote: Baldrey-aye, Byrne-aye, Van Valkenburgh-aye, Mellott-aye, Nelson-aye. Approved
Supervisor Dixie Baldrey adjourned the public hearing for Local Law No. 3 of 2007. Time: 6:53 PM
Respectfully Submitted,
Rose Williams, Town Clerk