Town of Lexington,NY - Board Minutes


Board Meeting & Public Hearings April 7, 2009 The Regular Meeting of the Town Board of the Town of Lexington was called to order on April 7th, 2009 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 Paul Van Valkenburgh Maurice Nelson Lynn Byrne Town Clerk ……..….......................… Rose Williams Supt. of Highways …………………….Larry Cross OTHERS PRESENT: Ralph Albino, Glenn Howard, and Mike Ryan (Windham Journal Rep.), Taris Charysyn, Mike Petosa, Nicholas Palermo, Richard & Bernice Timmerman. A moment of silence was observed for town residents: Maria Shumylo, Charlotte Tashjian, and Linden Merwin. RESOLUTION #49-09 ACCEPT 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 Nays - 0 This Town Board resolves to accept the minutes of the regular meeting held on March 3, 2009. Financial Report Supervisor Dixie Baldrey presented the financial report to the Town Board Members for their review. RESOLUTION #50-09 APPROVE FINANCIAL REPORT 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 It is resolved that this Town of Lexington Town Board approves the Financial Report ending March 2009. Annual Report Supervisor Dixie Baldrey gave the Annual Report for 2008 to the Town Board Members, and would like them to review it and bring any questions back to the next meeting. Truck Bid Opening --- There was a total of five bids that was received by the Town Clerk, and Supervisor Dixie Baldrey opened them and read them into the record. Vision Automotive Group Dan Cejka Vision Ford ……………. $ 43,430.00 = 2009 Latham Motors, Inc …$57,310.00 = 2009 4545 Ridge Road West Delivered P.O. Box 699 Delivered Rochester, NY 146526 Latham, NY 12110 Ed Napoli Dave Kreczko Johnson Ford, Inc. …. $45,694.00 = 2008 Gendron’s Truck Center . $56,091.00 = 2009 128 Route 28 Delivered 2702 Sixth Avenue … $55,480.00 = 2008 Kingston, NY 12401-7444 Troy, NY 12180 Delivered Barbara Androkavitz Metro Ford Sales …….… $49,281.00 = 2009 3601 State Street Delivered Schnectady, NY 12306 Supt. of Highways, Larry Cross, reviewed the bids along with the specifications and advised the Town of Lexington Town Board Members that the lowest bidder from Vision Automotive Group met all of the specifications and felt that they should be awarded the bid for the purchase of the truck. RESOLUTION # 51-09 ACCEPT TRUCK BID FOR PURCHASE OF 2009 DUMP TRUCK On a motion by Council Member Maurice Nelson, seconded by Council Member Keith Mellott, the following resolution was ADOPTED - Ayes - 5 - Baldrey, Byrne, Mellott, Nelson, Van Valkenburgh Nays - 0 Whereas the advertisement for bids for the purchase of a 2008 or newer dump truck was advertised in the local newspaper; the Windham Journal on March 26th and April 1, 2009, with the bids being opened at the regular Town Board Meeting held on April 7, 2009, and: Whereas Supt of Highways, Larry Cross said that all the specifications were met; Therefore; It is resolved that the Town of Lexington Town Board moves to accept the lowest bid price of $43,430. from Vision Automotive Group, Vision Ford, 4545 Ridge Road West, Rochester, NY 14626 for the purchase of a 2009 Ford F-550 Dump Truck with Plow. Letter from Kevin VanHentenryck Supervisor Dixie Baldrey read an Open Letter to the Lexington Town Board from Kevin Van Hentenryck regarding the Veterans Memorial. The letter is on file for reference. Employee Handbook Supervisor Dixie Baldrey explained the changes that was made in the Employees Handbook, which were: Page 8 (Payroll was changed from Monday to the following Sunday), on Page 11 (sick time days was changed from hours to 8 days , and on Page 12 under the vacation time (change hours to days – so two weeks of vacation and an additional day would be added each year thereafter – up to four weeks --- and the last sentence of paragraph reads “Upon leaving town service, an employee would be compensated for unused vacation time), but vacation time cannot be accrued, so the wording had to be changed and made clear to read, “for the present year.” At the bottom of page12, the hours were changed to 2 days each year. Memorial for the Veterans Supervisor Dixie Baldrey went back to the discussion on the Veterans Memorial because the time ran out at the earlier special meeting. Taris Charysyn asked if the work for the memorial was ever awarded, and Supervisor Baldrey said that it wasn’t found anywhere in the minutes, so then Taris asked; why not open it up again to the public. Supervisor Dixie Baldrey said that the question to resolve at the present time was: Is the Town Board going to award the project or aren’t they? More discussion was held and things that were discussed were: --- it was advertised and the advertisement --- the amount allotted to the project was $20,000. ---- minutes revealed that the money was set aside for the Memorial Fund – first ten thousand was donated and second ten thousand was designated to the Veterans Memorial Fund ---- what the advertisement said in the newspaper --- closed for proposals after May 1st --- Town Board did not accept either proposal which was submitted on May 1st deadline. Next, Councilmember Byrne asked what the next step should be if all the previous stuff is mute. Supervisor Baldrey answered that she would say that it has to be advertised again and be a lot more specific this time so they don’t fall into the same trap again. Next, Councilmember Byrne said that she felt that if it is re-opened again ---- a letter should be sent to Kevin Van Hentenryck and Janice Mellott telling them why it is being reopened again and they would like to keep their proposals on file. Councilmember Maurice Nelson made a motion to resubmit the proposal and keep the drawings on file that were submitted, but the motion didn’t get a second. The Town Board went on with more discussion. Further discussion was held on the Veterans Memorial. RESOLUTION # 52-09 Veterans Memorial On a motion by Council Member Maurice Nelson, seconded by Councilmember Paul Van Valkenburgh, the following resolution was ADOPTED. Ayes: - 5 - Baldrey, Mellott, Nelson, Van Valkenburgh, Byrne. This Town of Lexington Town Board resolves to re-advertise for a complete proposal with a price and a plan which would include the installation for the Veterans Memorial, and not to exceed a cost of $20,000. Supervisor Dixie Baldrey will write up the new advertisement for the local newspaper Ambulance Service Draft Councilmember Lynn Byrne went over the Application for EMS Operating Certificate which has been completed so far. Some of the Fire Commissioners and Town Board Members discussed the application. The next step for the Town Board would be to set up a meeting to come up with a financial plan. A Special Meeting was set up for Friday, April 24th, 2009 @ 4:15 pm. More discussion was held on the Ambulance Service for the Town. RESOLUTION # 53-09 Advertise Old Truck for Sale On a motion by Council Member Lynn Byrne, seconded by Councilmember Paul Van Valkenburgh, the following resolution was ADOPTED. Ayes: - 5 - Baldrey, Mellott, Nelson, Van Valkenburgh, Byrne This Town Board moves to advertise the 1999 - F550 truck for sale as it is with a minimum bid of $500. RESOLUTION # 54- 09 Adopt Local Law No. 4-09 On a motion by Council Member Keith Mellott, seconded by Councilmember Maurice Nelson, the following resolution was ADOPTED. Ayes: - 5 - Baldrey, Mellott, Nelson, Van Valkenburgh, Byrne This Town Board of the Town of Lexington moves to adopt Local Law No. 4 of 2009, entitled “Establishing Grievance Day”, and it reads as follows: LOCAL LAW No. 4 OF 2009 “Establishing Grievance Day” SECTION 1. TITLE AND PURPOSE This Local Law of the Town of Lexington, Greene County, New York shall be known as the Grievances Day Establishment Law”. The purpose of the Local Law is to establish the day for hearing by the Board of Assessment Review of the Town of Lexington of grievances addressed to real property tax assessments on an alternate date as permitted by Real Property tax Law §512 (1-a). SECTION 2. APPLICABBILITY AND DURATION This local law shall be applicable to all grievances addressed to assessment of lands with the Town of Lexington and shall be in effect indefinitely or until modified or repealed by the Town Board of the town of Lexington and is intended to repeal an existing local laws to the contrary. SECTION 3. GRIEVANCE DAY All grievances addressed to assessment of real property within the Town of Lexington shall be heard by the Board of Assessment Review of the Tow of Lexington on the fourth Tuesday of May of each year. SECTION 4. EFFECTIVE DATE This Local Law shall take effect immediately when it is filed in the office of the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. Maintenance Person Supervisor Dixie Baldrey said that Maintenance Person was brought up last month and the Town Board preferred having someone from Lexington to fill the position. Supervisor Baldrey went on to ask the Board what their pleasure was and what they would like to do because a person is needed now for changing light bulbs and etc. After a discussion, the Town Board wanted to wait until they could follow up on the ambulance discussion because there is the possibility that the handyman might be incorporated with the ambulance service. Ray Albino offered to come by and change the light bulbs that needed replacing. Thanks Ray (Mission accomplished – Ray came by already) Dump Fill on Private Property Resolution # 55-09 Permission to dump fill on Private Property On a motion by Council Member Keith Mellott, seconded by Councilmember Paul Van Valkenburgh, the following resolution was ADOPTED. Ayes: - 5 - Baldrey, Mellott, Nelson, Van Valkenburgh, Byrne WHEREAS, Town of Lexington property owners have contacted the Highway Superintendent about obtaining fill; and Resolution # 55-09 --- Continued WHEREAS, the Town of Lexington Highway Department is beginning the cleanup of trenches and culverts, and therefore collecting amounts of fill that would otherwise have to be transported back to the garage area; BE RESOLVED, that the Town of Lexington Town Board grants permission for the town of Lexington Highway Department to dump fill on private property at the nearest location when requested in writing by the owner. Resolution # 56-09 Permission to Give Away Wood Chips When Cutting Trees On a motion by Council Member Keith Mellott, seconded by Councilmember Paul Van Valkenburgh, the following resolution was ADOPTED. Ayes: - 5 - Baldrey, Mellott, Nelson, Van Valkenburgh, Byrne WHEREAS, the Highway Department of the Town of Lexington is cutting down dead trees and cleaning up trees that have been brought down over the winter; and WHEREAS, the Town of Lexington Highways Department is chipping the smaller branches and debris; and WHEREAS, Town of Lexington residents have made request for the wood and the chips; BE RESOLVED that the Town of Lexington Town Board grants permission for the Town of Lexington Highway Department to allow town residents to take the cut up wood and chips. Driveway Culverts Supt. of Highways, Larry Cross, said that he has had request from town residents to replace culverts that are in private driveways, but are along the town roads. A discussion was held on replacing the culverts, whether it was the town’s responsibility or the home owner’s responsibility. The Town Board Members agreed that if it causing problems and breaking up the town road --- then it was in the best interest of the town to replace the culvert so the town road is not destroyed because of the faulty culvert. Resolution # 57-09 Permission to Repair Culverts on Town Boards On a motion by Council Member Maurice Nelson, seconded by Councilmember, the following resolution was ADOPTED. Ayes: - 5 - Baldrey, Mellott, Nelson, Van Valkenburgh, Byrne This Town of Lexington Town Board authorizes the Town of Lexington Highway Department, Supt. of Highways, Larry Cross, to repair culverts that are needed along the town roads. Clean Up Day for 2009 Supervisor Baldrey asked the Supt of Highway, Larry Cross, when he preferred to the have the Clean-Up Day for the town this year. Larry said that he wanted to have it the last week in August, and the Town Board members agreed with the time. Resolution # 58-09 Apply for Grant to Empire State Development’s Restore, NY Program On a motion by Council Member Lynn Byrne, seconded by Councilmember Keith Mellott, the following resolution was ADOPTED. Ayes: - 5 - Baldrey, Mellott, Nelson, Van Valkenburgh, Byrne The Town of Lexington hereby resolves to apply to Empire State Development’s (ESD) Restore NY Program for the sum of $1.346 MILLION DOLLARS to rehabilitate the historic Lexington Hotel, ca 1858, a mixed-use anchor building in the heart of the Town of Lexington’s traditional “commercial center”. The Town of Lexington recognizes that the Lexington Hotel is a key building in the Town’s local plan to revitalize Lexington’s “downtown” that was once a part of a triad of hotels that was the hub of the Town’s tourist industry in the late nineteenth through the late twentieth centuries and approves of the present owners’ plans to restore the building to its original use as a hotel, restaurant/bar, and catering hall. Nicholas Palermo’s Article Supervisor Dixie Baldrey said that she read Nick’s article and gave a copy to Assessor Georgette Krauss to review because she was more knowledgeable regarding the property exemption on any exemption for any capital improvements that would increase the assessed value of residential properties. The Greene Stream Team Michelle Yost sent a letter from the Greene Stream Team C/O Greene County SWCD Watershed Assistance Program saying that a sponsorship on behalf of the town would go a long way in furthering the goal of the stream celebration. Resolution # 59-09 Donation to Batavia Kill Stream Celebration On a motion by Council Member Lynn Byrne, seconded by Councilmember Paul Van Valkenburgh, the following resolution was ADOPTED. Ayes: - 5 - Baldrey, Mellott, Nelson, Van Valkenburgh, Byrne This Town Board of the Town of Lexington move to donate $100.00 to help in their efforts for the Batavia Kill Stream Celebration that will take place on August 1, 2009. Public Concerns Glenn Howard, Chairman of the Planning Board, said that Jeff Flack from Greene County Soil & Water would be attending the next Planning Board meeting to inform the members of an upcoming project on the West Kill Stream, from Long’s Bridge to Graff’s Bridge because it is part of the stream restoration project. Audit the Bills Resolution # 60-09 Audit the Bills On a motion by Council Member Lynn Byrne, seconded by Councilmember Maurice Nelson, the following resolution was ADOPTED. Ayes: - 5 - Baldrey, Mellott, Nelson, Van Valkenburgh, Byrne Resolved, that this Town Board, having audited the following General Fund Vouchers # 67 through # 92, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract # 4, General Fund, on the Supervisor for payment of $ 12,803.78. Resolved, that this Town Board, having audited the following Highway Fund Vouchers # 32 through # 51, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract # 4 Highway Fund, on the Supervisor for payment of $ 21,221.50 Resolved, that this Town Board, having audited the following Special Lighting District Voucher # 3, inclusive, hereby, orders it paid and directs the Town Clerk to draw Abstract # 3 Special Lighting District Fund, on the Supervisor for payment of $ 395.65. Adjourn Councilmember Keith Mellott made a motion to adjourn the meeting, seconded by Councilmember Paul Van Valkenburgh. All agreed. Supervisor Dixie Baldrey adjourned the meeting. Respectfully submitted, Rose Williams, Town Clerk, RMC Town of Lexington Public Hearing The Town Board of the Town of Lexington held a Public Hearing on April 7, 2009 at 6:45 PM at the Municipal Building, 3542 Route 42, Lexington, NY. Supervisor Dixie Baldrey said that the Public Hearing was being held of Local Law No. 4 – “Establishing Grievance Day” for the Assessor. PRESENT: Supervisor .............................Dixie Baldrey Council Members......……..…........… Keith Mellott Paul Van Valkenburgh Maurice Nelson Lynn Byrne Town Clerk ……..…....................….Rose Williams Supt. of Highways ………..……… . Larry Cross OTHERS PRESENT: Glenn Howard, and Mike Ryan (Windham Journal Rep.), Taris Charysyn, Mike Petosa. The Public Hearing Notice was advertised in the local newspaper (Windham Journal) the week of March 19, 2009, and it is so stated in 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 7th, 2009 entitled, “Establishing Grievance Day”. 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.” LOCAL LAW No. 4 OF 2009 “Establishing Grievance Day” SECTION 1. TITLE AND PURPOSE This Local Law of the Town of Lexington, Greene County, New York shall be known as the Grievances Day Establishment Law”. The purpose of the Local Law is to establish the day for hearing by the Board of Assessment Review of the Town of Lexington of grievances addressed to real property tax assessments on an alternate date as permitted by Real Property tax Law §512 (1-a). SECTION 2. APPLICABBILITY AND DURATION This local law shall be applicable to all grievances addressed to assessment of lands with the Town of Lexington and shall be in effect indefinitely or until modified or repealed by the Town Board of the town of Lexington and is intended to repeal an existing local laws to the contrary. SECTION 3. GRIEVANCE DAY All grievances addressed to assessment of real property within the Town of Lexington shall be heard by the Board of Assessment Review of the Tow of Lexington on the fourth Tuesday of May of each year. SECTION 4. EFFECTIVE DATE This Local Law shall take effect immediately when it is filed in the office of the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. Open Public Hearing Councilman Keith Mellott made a motion to open the Public Hearing for Local Law No. 4 of 2009, seconded by Councilmember Paul Van Valkenburgh. All Agreed. Time 6:45 PM Supervisor Dixie Baldrey opened the Public Hearing for Local Law No. 4 of 2009 and read the Local Law to the public and asked them if they had any comments or questions. No comments were made and no questions were asked. Therefore, Supervisor Dixie Baldrey, asked for a motion to close the public hearing for Local Law No. 4 of 2009. Close Public Hearing Councilman Paul Van Valkenburgh made a motion to close the public hearing for Local Law No. 4 of 2009, seconded by Councilmember Lynn Byrne. Time: 6:55 PM All Agreed. Supervisor Dixie Baldrey closed the public hearing at 6:55 pm. Adjourn Councilmember Paul Van Valkenburgh made a motion to adjourn the public Hearing, seconded by Councilmember Maurice Nelson. All agreed. Supervisor Dixie Baldrey adjourned the meeting. Respectfully submitted, Rose Williams, RMC Town of Lexington Town Clerk Public Hearing April 24,2009 The Town Board of the Town of Lexington held a Public Hearing on April 24, 2009, at 4:00 P.M. at the Municipal Building. Deputy Supervisor Paul Van Valkenburgh called the Public Hearing to order regarding the “Town’s Application to the RESTORE New York grant Program for the Lexington Hotel, Lot # 127.20-2-11 and 127.20-1-9 on behalf of the Blank Until Tomorrow LLC.” PRESENT: Council Members ------------------Paul Van Valkenburgh (Deputy Supervisor) Lynn Byrne Keith Mellott Maurice Nelson Town Clerk -----------------------Rose Thompson ABSENT: Supervisor Dixie Baldrey OTHERS PRESENT: Greg Cross and Taris Charysyn Deputy Supervisor Paul Van Valkenburgh said that Supervisor Baldrey was unable to attend and asked him to take over the meeting for the public hearing. The Notice of the Public Hearing was published in the Catskill Daily Mail which was read into the record; “Notice of Public Hearing – Please take notice that the Town Board of the Town of Lexington shall conduct a public hearing on Friday, April 24, 2009 at 4:00 pm at the Lexington Municipal Building, Rte. 42, Lexington NY regarding he Towns application to the RESTORE New York. Deputy Supervisor Paul Van Valkenburgh opened the Public Hearing at 4:05 pm, and asked for any comments or questions from the public. Councilmember Byrne said that if they have the money and if they are not following through on the grant --- she was concerned the town might be held responsible for that money. Then she went on to say that she would like to see more of the grant – a copy of the grant. Councilman Mellott said that he didn’t mind sponsoring something, but he didn’t understand this. Greg Cross said that he appreciated that, but as a business owner in town, he found it a little appalling that these same sentiments aren’t issued to every small business owner in town. He said that as a business owner, he would love to get grant money. Mr. Cross went on to ask who was applying and writing the grant for the town – is it under Carolyn Bennets title --- and is the town paying her to do other projects in the town. Deputy Supervisor Van Valkenburgh said that he understood that the guy at the hotel is doing this grant with his attorney. Greg Cross asked who was applying for the town because Deputy Supervisor Paul Van Valkenburgh said that the Town of Lexington was applying for the grant when you read the resolution. Councilmember Lynn Byrne asked about whose letter head was on the letter and Deputy Supervisor Paul Van Valkenburgh said it was only a letter that Supervisor Baldrey had given him that day for the meeting. Greg Cross said he didn’t like the way it was published in the newspaper --- a one day shot in the Catskill Daily Mail was like a back door deal --- it never made the Windham Journal ------ it was just one day in the Catskill Daily Mail that the meeting was to taking place. Town Clerk, Rose Williams, said that Supervisor Baldrey came into her office and told her that the notice had to go in the newspaper for three days. Greg said that it was in for only one day --- it was in the Wednesday issue. Rose said that she wasn’t sure about that, but she asked to have it put in the 21st, 22nd, and 23rd issue, but wasn’t sure when it was put in. Rose said that it wasn’t put in the Windham Journal, but thought it should have been, because the Town of Lexington paper is the Windham Journal. The Town Clerk went on to say that she wasn’t sure why it wasn’t put in the Windham Journal, but wasn’t asked to put it there. Greg Cross said that it seemed that a little something was going on other than passing a resolution. He said that as a business owner and a taxpayer, he was a little discouraged with what was going on because if something is brought up on Monday, and voted on in a secret meeting on Friday, that was a little too quick for town business --- to make a resolution for 1.346 million dollars. Councilmember Byrne said that she thought another public meeting should be held and make sure that it is held in the appropriate places, and the Town Board Members needs to see the grant application. Greg Cross asked if the town was prepared ----- that if he comes down with an application for a grant --- if the town would apply for a grant for him and any other small business account --- because he would like to have a grant. He commends the guy for doing the building and he hopes that he does the building. Council member Byrne and Deputy Supervisor Van Valkenburgh agreed that the Town Board needs more information. The Town Clerk said that the resolution was done at the last meeting. Council member Lynn Byrne said that it did not say the Town of Lexington was going to ……….. Council member Keith Mellott said the town was going to sponsor as the owner was going to apply for it. A discussion was held on who had the resolution at the previous meeting and when --- the resolution that was passed at the last meeting. More discussion was held by the Town Council Members about the resolution that was passed at the regular meeting held on April 7th, 2009. Town Clerk, Rose Williams, said that she was under the assumption that they needed a resolution from the town in order to go through with the grant because to apply for the grant --- you need a sponsor. Councilmember Byrne agreed with that, but said that the resolution didn’t say that. Councilmember Keith Mellott said that it was presented to them as him applying and the town being a sponsor. More discussion was held on the resolution and Councilmember Lynn Byrne said that she wanted to know if the resolution that was made at the last meeting, could be rescinded. Deputy Supervisor Paul Van Valkenburgh said that he didn’t think it could be done until the next regular meeting. More discussion was held regarding the grant application and rescinding the resolution. Councilmember Lynn Byrne said that she would like more clarification before moving forward, and did not want anything officially sent anywhere on the grant until it is cleared up. Greg Cross asked what the position was of the Town Board then, are you willing to use the name of the town as a sponsor, but you are not doing any paperwork filling. Council member Paul Van Valkenburgh agreed, and Council member Lynn Byrne said that she would like to see a copy of the grant. Councilmember Byrne also said that she would like to see the owner come to the meeting. The final position of the Town Board regarding the resolution was to table the resolution until they get further information on the grant. Councilmember Keith Mellott made a motion to adjourn the public hearing, seconded by Maurice Nelson. All agreed. Deputy Supervisor / Council Member Paul Van Valkenburgh adjourned the public hearing. Respectfully submitted, Rose Williams, RMC Town Clerk

Board Meeting & Public Hearings

April 7, 2009

The Regular Meeting of the Town Board of the Town of Lexington was called to order on April 7th, 2009 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
                                                                   Paul Van Valkenburgh
                                                                   Maurice Nelson
                                                                   Lynn Byrne
      Town Clerk ……..….......................… Rose Williams
      Supt. of Highways …………………….Larry Cross

OTHERS PRESENT: Ralph Albino, Glenn Howard, and Mike Ryan (Windham Journal Rep.), Taris Charysyn, Mike Petosa, Nicholas Palermo, Richard & Bernice Timmerman.

A moment of silence was observed for town residents: Maria Shumylo, Charlotte Tashjian, and Linden Merwin.

RESOLUTION #49-09
ACCEPT 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
Nays - 0

This Town Board resolves to accept the minutes of the regular meeting held on March 3, 2009.

Financial Report

Supervisor Dixie Baldrey presented the financial report to the Town Board Members for their review.

RESOLUTION #50-09
APPROVE FINANCIAL REPORT

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

It is resolved that this Town of Lexington Town Board approves the Financial Report ending March 2009.

Annual Report

Supervisor Dixie Baldrey gave the Annual Report for 2008 to the Town Board Members, and would like them to review it and bring any questions back to the next meeting.

Truck Bid Opening --- There was a total of five bids that was received by the Town Clerk, and Supervisor Dixie Baldrey opened them and read them into the record.

Vision Automotive Group                                        Dan Cejka
Vision Ford ……………. $ 43,430.00 = 2009             Latham Motors, Inc …$57,310.00 = 2009
4545 Ridge Road West          Delivered                     P.O. Box 699                       Delivered
Rochester, NY 146526                                              Latham, NY 12110

Ed Napoli                                                                    Dave Kreczko
Johnson Ford, Inc. …. $45,694.00 = 2008                 Gendron’s Truck Center . $56,091.00 = 2009
128 Route 28                     Delivered                          2702 Sixth Avenue … $55,480.00 = 2008
Kingston, NY 12401-7444                                         Troy, NY 12180               Delivered

Barbara Androkavitz
Metro Ford Sales …….… $49,281.00 = 2009
3601 State Street Delivered
Schnectady, NY 12306

Supt. of Highways, Larry Cross, reviewed the bids along with the specifications and advised the Town of Lexington Town Board Members that the lowest bidder from Vision Automotive Group met all of the specifications and felt that they should be awarded the bid for the purchase of the truck.

RESOLUTION # 51-09
ACCEPT TRUCK BID FOR PURCHASE OF 2009 DUMP TRUCK

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

                Whereas the advertisement for bids for the purchase of a 2008 or newer dump truck was advertised in the local newspaper; the Windham Journal on March 26th and April 1, 2009, with the bids being opened at the regular Town Board Meeting held on April 7, 2009, and:
                Whereas Supt of Highways, Larry Cross said that all the specifications were met;
Therefore;
                It is resolved that the Town of Lexington Town Board moves to accept the lowest bid price of $43,430. from Vision Automotive Group, Vision Ford, 4545 Ridge Road West, Rochester, NY 14626 for the purchase of a 2009 Ford F-550 Dump Truck with Plow.

Letter from Kevin VanHentenryck

Supervisor Dixie Baldrey read an Open Letter to the Lexington Town Board from Kevin Van Hentenryck regarding the Veterans Memorial. The letter is on file for reference.

Employee Handbook

Supervisor Dixie Baldrey explained the changes that was made in the Employees Handbook, which were: Page 8 (Payroll was changed from Monday to the following Sunday), on Page 11 (sick time days was changed from hours to 8 days , and on Page 12 under the vacation time (change hours to days – so two weeks of vacation and an additional day would be added each year thereafter – up to four weeks --- and the last sentence of paragraph reads “Upon leaving town service, an employee would be compensated for unused vacation time), but vacation time cannot be accrued, so the wording had to be changed and made clear to read, “for the present year.” At the bottom of page12, the hours were changed to 2 days each year.

Memorial for the Veterans

                Supervisor Dixie Baldrey went back to the discussion on the Veterans Memorial because the time ran out at the earlier special meeting.
                Taris Charysyn asked if the work for the memorial was ever awarded, and Supervisor Baldrey said that it wasn’t found anywhere in the minutes, so then Taris asked; why not open it up again to the public.
                Supervisor Dixie Baldrey said that the question to resolve at the present time was: Is the Town Board going to award the project or aren’t they?   More discussion was held and things that were discussed were: --- it was advertised and the advertisement --- the amount allotted to the project was $20,000. ---- minutes revealed that the money was set aside for the Memorial Fund – first ten thousand was donated and second ten thousand was designated to the Veterans Memorial Fund ---- what the advertisement said in the newspaper --- closed for proposals after May 1st --- Town Board did not accept either proposal which was submitted on May 1st deadline.
Next, Councilmember Byrne asked what the next step should be if all the previous stuff is mute. Supervisor Baldrey answered that she would say that it has to be advertised again and be a lot more specific this time so they don’t fall into the same trap again.   Next, Councilmember Byrne said that she felt that if it is re-opened again ---- a letter should be sent to Kevin Van Hentenryck and Janice Mellott telling them why it is being reopened again and they would like to keep their proposals on file.

Councilmember Maurice Nelson made a motion to resubmit the proposal and keep the drawings on file that were submitted, but the motion didn’t get a second. The Town Board went on with more discussion.
Further discussion was held on the Veterans Memorial.

RESOLUTION # 52-09
Veterans Memorial

On a motion by Council Member Maurice Nelson, seconded by Councilmember Paul Van Valkenburgh, the following resolution was
ADOPTED. Ayes: - 5 - Baldrey, Mellott, Nelson, Van Valkenburgh, Byrne.

This Town of Lexington Town Board resolves to re-advertise for a complete proposal with a price and a plan which would include the installation for the Veterans Memorial, and not to exceed a cost of $20,000.

Supervisor Dixie Baldrey will write up the new advertisement for the local newspaper

Ambulance Service Draft

Councilmember Lynn Byrne went over the Application for EMS Operating Certificate
which has been completed so far. Some of the Fire Commissioners and Town Board Members discussed the application. The next step for the Town Board would be to set up a meeting to come up with a financial plan.
A Special Meeting was set up for Friday, April 24th, 2009 @ 4:15 pm. More discussion was held on the Ambulance Service for the Town.

RESOLUTION # 53-09
Advertise Old Truck for Sale

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

This Town Board moves to advertise the 1999 - F550 truck for sale as it is with a minimum bid of $500.

RESOLUTION # 54- 09
Adopt Local Law No. 4-09

On a motion by Council Member Keith Mellott, seconded by Councilmember Maurice Nelson, the following resolution was
ADOPTED. Ayes: - 5 - Baldrey, Mellott, Nelson, Van Valkenburgh, Byrne

This Town Board of the Town of Lexington moves to adopt Local Law No. 4 of 2009, entitled “Establishing Grievance Day”, and it reads as follows:

LOCAL LAW No. 4 OF 2009
“Establishing Grievance Day”

SECTION 1.        TITLE AND PURPOSE
                This Local Law of the Town of Lexington, Greene County, New York shall be known as the Grievances Day Establishment Law”.
                The purpose of the Local Law is to establish the day for hearing by the Board of Assessment Review of the Town of Lexington of grievances addressed to real property tax assessments on an alternate date as permitted by Real Property tax Law §512 (1-a).

SECTION 2. APPLICABBILITY AND DURATION
This local law shall be applicable to all grievances addressed to assessment of lands with the Town of Lexington and shall be in effect indefinitely or until modified or repealed by the Town Board of the town of Lexington and is intended to repeal an existing local laws to the contrary.

SECTION 3. GRIEVANCE DAY
All grievances addressed to assessment of real property within the Town of Lexington shall be heard by the Board of Assessment Review of the Tow of Lexington on the fourth Tuesday of May of each year.

SECTION 4. EFFECTIVE DATE
This Local Law shall take effect immediately when it is filed in the office of the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.

Maintenance Person

Supervisor Dixie Baldrey said that Maintenance Person was brought up last month and the Town Board preferred having someone from Lexington to fill the position. Supervisor Baldrey went on to ask the Board what their pleasure was and what they would like to do because a person is needed now for changing light bulbs and etc. After a discussion, the Town Board wanted to wait until they could follow up on the ambulance discussion because there is the possibility that the handyman might be incorporated with the ambulance service.
Ray Albino offered to come by and change the light bulbs that needed replacing. Thanks Ray (Mission accomplished – Ray came by already)

Dump Fill on Private Property

Resolution # 55-09
Permission to dump fill on Private Property

On a motion by Council Member Keith Mellott, seconded by Councilmember Paul Van Valkenburgh, the following resolution was
ADOPTED. Ayes: - 5 - Baldrey, Mellott, Nelson, Van Valkenburgh, Byrne

WHEREAS, Town of Lexington property owners have contacted the Highway Superintendent about obtaining fill; and
Resolution # 55-09 --- Continued

WHEREAS, the Town of Lexington Highway Department is beginning the cleanup of trenches and culverts, and therefore collecting amounts of fill that would otherwise have to be transported back to the garage area;
BE RESOLVED, that the Town of Lexington Town Board grants permission for the town of Lexington Highway Department to dump fill on private property at the nearest location when requested in writing by the owner.

Resolution # 56-09
Permission to Give Away Wood Chips When Cutting Trees

On a motion by Council Member Keith Mellott, seconded by Councilmember Paul Van Valkenburgh, the following resolution was
ADOPTED. Ayes: - 5 - Baldrey, Mellott, Nelson, Van Valkenburgh, Byrne

                WHEREAS, the Highway Department of the Town of Lexington is cutting down dead trees and cleaning up trees that have been brought down over the winter; and
                WHEREAS, the Town of Lexington Highways Department is chipping the smaller branches and debris; and
                WHEREAS, Town of Lexington residents have made request for the wood and the chips;
                BE RESOLVED that the Town of Lexington Town Board grants permission for the Town of Lexington Highway Department to allow town residents to take the cut up wood and chips.

Driveway Culverts

Supt. of Highways, Larry Cross, said that he has had request from town residents to replace culverts that are in private driveways, but are along the town roads. A discussion was held on replacing the culverts, whether it was the town’s responsibility or the home owner’s responsibility. The Town Board Members agreed that if it causing problems and breaking up the town road --- then it was in the best interest of the town to replace the culvert so the town road is not destroyed because of the faulty culvert.

Resolution # 57-09
Permission to Repair Culverts on Town Boards

On a motion by Council Member Maurice Nelson, seconded by Councilmember, the following resolution was
ADOPTED. Ayes: - 5 - Baldrey, Mellott, Nelson, Van Valkenburgh, Byrne

This Town of Lexington Town Board authorizes the Town of Lexington Highway Department, Supt. of Highways, Larry Cross, to repair culverts that are needed along the town roads.

Clean Up Day for 2009

Supervisor Baldrey asked the Supt of Highway, Larry Cross, when he preferred to the have the Clean-Up Day for the town this year. Larry said that he wanted to have it the last week in August, and the Town Board members agreed with the time.

Resolution # 58-09
Apply for Grant to Empire State Development’s Restore, NY Program

On a motion by Council Member Lynn Byrne, seconded by Councilmember Keith Mellott, the following resolution was
ADOPTED. Ayes: - 5 - Baldrey, Mellott, Nelson, Van Valkenburgh, Byrne

The Town of Lexington hereby resolves to apply to Empire State Development’s (ESD) Restore NY Program for the sum of $1.346 MILLION DOLLARS to rehabilitate the historic Lexington Hotel, ca 1858, a mixed-use anchor building in the heart of the Town of Lexington’s traditional “commercial center”.

The Town of Lexington recognizes that the Lexington Hotel is a key building in the Town’s local plan to revitalize Lexington’s “downtown” that was once a part of a triad of hotels that was the hub of the Town’s tourist industry in the late nineteenth through the late twentieth centuries and approves of the present owners’ plans to restore the building to its original use as a hotel, restaurant/bar, and catering hall.

Nicholas Palermo’s Article

Supervisor Dixie Baldrey said that she read Nick’s article and gave a copy to Assessor Georgette Krauss to review because she was more knowledgeable regarding the property exemption on any exemption for any capital improvements that would increase the assessed value of residential properties.

The Greene Stream Team

Michelle Yost sent a letter from the Greene Stream Team C/O Greene County SWCD Watershed Assistance Program saying that a sponsorship on behalf of the town would go a long way in furthering the goal of the stream celebration.

Resolution # 59-09
Donation to Batavia Kill Stream Celebration

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

This Town Board of the Town of Lexington move to donate $100.00 to help in their efforts for the Batavia Kill Stream Celebration that will take place on August 1, 2009.

Public Concerns

Glenn Howard, Chairman of the Planning Board, said that Jeff Flack from Greene County Soil & Water would be attending the next Planning Board meeting to inform the members of an upcoming project on the West Kill Stream, from Long’s Bridge to Graff’s Bridge because it is part of the stream restoration project.

Audit the Bills

Resolution # 60-09
Audit the Bills

On a motion by Council Member Lynn Byrne, seconded by Councilmember Maurice Nelson, the following resolution was
ADOPTED. Ayes: - 5 - Baldrey, Mellott, Nelson, Van Valkenburgh, Byrne

Resolved, that this Town Board, having audited the following General Fund Vouchers
# 67 through # 92, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract # 4, General Fund, on the Supervisor for payment of $ 12,803.78.

Resolved, that this Town Board, having audited the following Highway Fund Vouchers
# 32 through # 51, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract # 4 Highway Fund, on the Supervisor for payment of $ 21,221.50

Resolved, that this Town Board, having audited the following Special Lighting District Voucher # 3, inclusive, hereby, orders it paid and directs the Town Clerk to draw Abstract # 3 Special Lighting District Fund, on the Supervisor for payment of $ 395.65.

Adjourn

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

Supervisor Dixie Baldrey adjourned the meeting.

Respectfully submitted,
Rose Williams, Town Clerk, RMC
Town of Lexington

Public Hearing

The Town Board of the Town of Lexington held a Public Hearing on April 7, 2009 at 6:45 PM at the Municipal Building, 3542 Route 42, Lexington, NY. Supervisor Dixie Baldrey said that the Public Hearing was being held of Local Law No. 4 – “Establishing Grievance Day” for the Assessor.

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

OTHERS PRESENT: Glenn Howard, and Mike Ryan (Windham Journal Rep.), Taris Charysyn, Mike Petosa.

The Public Hearing Notice was advertised in the local newspaper (Windham Journal) the week of March 19, 2009, and it is so stated in 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 7th, 2009 entitled, “Establishing Grievance Day”. 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.”

LOCAL LAW No. 4 OF 2009
“Establishing Grievance Day”

SECTION 1. TITLE AND PURPOSE
This Local Law of the Town of Lexington, Greene County, New York shall be known as the Grievances Day Establishment Law”.
The purpose of the Local Law is to establish the day for hearing by the Board of Assessment Review of the Town of Lexington of grievances addressed to real property tax assessments on an alternate date as permitted by Real Property tax Law §512 (1-a).

Open Public Hearing
Councilman Keith Mellott made a motion to open the Public Hearing for Local Law No. 4 of 2009, seconded by Councilmember Paul Van Valkenburgh. All Agreed. Time 6:45 PM

Supervisor Dixie Baldrey opened the Public Hearing for Local Law No. 4 of 2009 and read the Local Law to the public and asked them if they had any comments or questions. No comments were made and no questions were asked. Therefore, Supervisor Dixie Baldrey, asked for a motion to close the public hearing for Local Law No. 4 of 2009.

Close Public Hearing

Councilman Paul Van Valkenburgh made a motion to close the public hearing for Local Law No. 4 of 2009, seconded by Councilmember Lynn Byrne. Time: 6:55 PM All Agreed.

Supervisor Dixie Baldrey closed the public hearing at 6:55 pm.

Adjourn

Councilmember Paul Van Valkenburgh made a motion to adjourn the public Hearing, seconded by Councilmember Maurice Nelson. All agreed.

Supervisor Dixie Baldrey adjourned the meeting.

Respectfully submitted,

Rose Williams, RMC
Town of Lexington Town Clerk

Public Hearing

April 24,2009

The Town Board of the Town of Lexington held a Public Hearing on April 24, 2009, at 4:00 P.M. at the Municipal Building. Deputy Supervisor Paul Van Valkenburgh called the Public Hearing to order regarding the “Town’s Application to the RESTORE New York grant Program for the Lexington Hotel, Lot # 127.20-2-11 and 127.20-1-9 on behalf of the Blank Until Tomorrow LLC.”

PRESENT:   Council Members ------------------Paul Van Valkenburgh (Deputy Supervisor)
                                                                            Lynn Byrne
                                                                            Keith Mellott
                                                                            Maurice Nelson
                      Town Clerk -----------------------Rose Thompson

ABSENT: Supervisor Dixie Baldrey

OTHERS PRESENT: Greg Cross and Taris Charysyn

Deputy Supervisor Paul Van Valkenburgh said that Supervisor Baldrey was unable to attend and asked him to take over the meeting for the public hearing.

The Notice of the Public Hearing was published in the Catskill Daily Mail which was read into the record; “Notice of Public Hearing – Please take notice that the Town Board of the Town of Lexington shall conduct a public hearing on Friday, April 24, 2009 at 4:00 pm at the Lexington Municipal Building, Rte. 42, Lexington NY regarding he Towns application to the RESTORE New York.

Deputy Supervisor Paul Van Valkenburgh opened the Public Hearing at 4:05 pm, and asked for any comments or questions from the public.

Councilmember Byrne said that if they have the money and if they are not following through on the grant --- she was concerned the town might be held responsible for that money. Then she went on to say that she would like to see more of the grant – a copy of the grant.

Councilman Mellott said that he didn’t mind sponsoring something, but he didn’t understand this.

Greg Cross said that he appreciated that, but as a business owner in town, he found it a little appalling that these same sentiments aren’t issued to every small business owner in town. He said that as a business owner, he would love to get grant money. Mr. Cross went on to ask who was applying and writing the grant for the town – is it under Carolyn Bennets title --- and is the town paying her to do other projects in the town.

Deputy Supervisor Van Valkenburgh said that he understood that the guy at the hotel is doing this grant with his attorney.

Greg Cross asked who was applying for the town because Deputy Supervisor Paul Van Valkenburgh said that the Town of Lexington was applying for the grant when you read the resolution.

Councilmember Lynn Byrne asked about whose letter head was on the letter and Deputy Supervisor Paul Van Valkenburgh said it was only a letter that Supervisor Baldrey had given him that day for the meeting.

Greg Cross said he didn’t like the way it was published in the newspaper --- a one day shot in the Catskill Daily Mail was like a back door deal --- it never made the Windham Journal ------ it was just one day in the Catskill Daily Mail that the meeting was to taking place.

Town Clerk, Rose Williams, said that Supervisor Baldrey came into her office and told her that the notice had to go in the newspaper for three days. Greg said that it was in for only one day --- it was in the Wednesday issue. Rose said that she wasn’t sure about that, but she asked to have it put in the 21st, 22nd, and 23rd issue, but wasn’t sure when it was put in. Rose said that it wasn’t put in the Windham Journal, but thought it should have been, because the Town of Lexington paper is the Windham Journal. The Town Clerk went on to say that she wasn’t sure why it wasn’t put in the Windham Journal, but wasn’t asked to put it there.

Greg Cross said that it seemed that a little something was going on other than passing a resolution. He said that as a business owner and a taxpayer, he was a little discouraged with what was going on because if something is brought up on Monday, and voted on in a secret meeting on Friday, that was a little too quick for town business --- to make a resolution for 1.346 million dollars.

Councilmember Byrne said that she thought another public meeting should be held and make sure that it is held in the appropriate places, and the Town Board Members needs to see the grant application.

Greg Cross asked if the town was prepared ----- that if he comes down with an application for a grant --- if the town would apply for a grant for him and any other small business account --- because he would like to have a grant. He commends the guy for doing the building and he hopes that he does the building.

Council member Byrne and Deputy Supervisor Van Valkenburgh agreed that the Town Board needs more information. The Town Clerk said that the resolution was done at the last meeting. Council member Lynn Byrne said that it did not say the Town of Lexington was going to ………..
Council member Keith Mellott said the town was going to sponsor as the owner was going to apply for it. A discussion was held on who had the resolution at the previous meeting and when --- the resolution that was passed at the last meeting. More discussion was held by the Town Council Members about the resolution that was passed at the regular meeting held on
April 7th, 2009.

Town Clerk, Rose Williams, said that she was under the assumption that they needed a resolution from the town in order to go through with the grant because to apply for the grant --- you need a sponsor. Councilmember Byrne agreed with that, but said that the resolution didn’t say that. Councilmember Keith Mellott said that it was presented to them as him applying and the town being a sponsor.

More discussion was held on the resolution and Councilmember Lynn Byrne said that she wanted to know if the resolution that was made at the last meeting, could be rescinded. Deputy Supervisor Paul Van Valkenburgh said that he didn’t think it could be done until the next regular meeting. More discussion was held regarding the grant application and rescinding the resolution.

Councilmember Lynn Byrne said that she would like more clarification before moving forward, and did not want anything officially sent anywhere on the grant until it is cleared up.

Greg Cross asked what the position was of the Town Board then, are you willing to use the name of the town as a sponsor, but you are not doing any paperwork filling. Council member Paul Van Valkenburgh agreed, and Council member Lynn Byrne said that she would like to see a copy of the grant. Councilmember Byrne also said that she would like to see the owner come to the meeting.

The final position of the Town Board regarding the resolution was to table the resolution until they get further information on the grant.

Councilmember Keith Mellott made a motion to adjourn the public hearing, seconded by Maurice Nelson. All agreed.

Deputy Supervisor / Council Member Paul Van Valkenburgh adjourned the public hearing.

Respectfully submitted,

Rose Williams, RMC
Town Clerk