Town of Lexington,NY - Board Minutes


Board Meeting July,1 2008 The Regular Meeting of the Town Board of the Town of Lexington was called to order on July 1, 2008 at 7:00 P.M., by Supervisor Dixie Baldrey at the Lexington Municipal Building, followed by the pledge of allegiance. A moment of silence was observed in memory of Anthony Mangano and Frank Guiterman. PRESENT: Supervisor .............................Dixie Baldrey Council Members.......……….........… Keith Mellott Paul Van Valkenburgh Maurice Nelson Lynn Byrne Town Clerk ……..….....................Rose Williams OTHERS PRESENT: Ralph (Ray) Albino, Nicholas Palermo, Richard & Bernice Timmerman, Mike Ryan (Windham Journal Rep.), Robert Hermance, Nancy Kizyma, and John Loftus. Minutes RESOLUTION # 82-08 ACCEPT THE MINUTES / Regular Meeting On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Keith Mellott, the following resolution was ADOPTED - Ayes 4 - Baldrey, Nelson, Van Valkenburgh, and Mellott Absent – Byrne - 1 Nays - 0 This Town Board resolves to accept the minutes of the regular meeting held on June 3, 2008. RESOLUTION # 83-08 ACCEPT THE FINANCIAL REPORT On a motion by Council Member Keith Mellott, seconded by Council Member Paul Van Valkenburgh, the following resolution was ADOPTED Ayes - 4 - Baldrey, Nelson, Van Valkenburgh, and Mellott. Absent – 1 - Byrne Nays – 0 This Town Board moves to accept the Financial Report of June 30, 2008, as presented by Supervisor Dixie Baldrey. Fire Personnel Supervisor Dixie Baldrey said no fire personnel was present so the discussion the fire and rescue concerns would take place in the future. Youth Program The Youth Program is scheduled to begin on July 8th and run through August 2, 2008. Nina Berger is the Director and is ready to go with the program. Summer Art Program Suzanne Walsh, substitute teach at the Hunter Elementary School is proposing / introducing a summer art program for the elementary school students of the Hunter Elementary School, here at the Lexington Municipal Building Pavilion on Mondays, Wednesdays, and Fridays, from July 2, 2008 thru August 6, 2008. Suzanne Walsh has put out flyers to see what response she gets, and she will go from there. Adopt Resolution of West Kill Management Plan Supervisor Dixie Baldrey read the resolution to the Town Board Members and ask for the adoption. RESOLUTION #84-08 Adopt West Kill Stream Management Plan On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Maurice Nelson, the following resolution was ADOPTED Ayes - 4 - Baldrey, Nelson, Van Valkenburgh, and Mellott. Absent – 1 - Byrne Nays – 0 Resolution # 84-08 – Continued Whereas, The Greene County Soil & Water Conservation District (GCSWCD) and the Town of Lexington recognize that the West Kill is a key element of the identity of the Town, and provides many environmental and economic benefits to the residents and business of Lexington, and Whereas, The GCSWCD and the Town have worked cooperatively on stream management issues relevant to both public and private interests for many years, and Whereas, The GCSWCD, in partnership with the NYCDEP Stream Management Program have worked cooperatively since 2004 to develop a comprehensive Stream Management Plan (SMP) for the West Kill, and Whereas, The GCSWCD and NYCDEP have worked closely with a local Project Advisory Committee, the Town and other watershed stakeholders to develop the West Kill SMP which takes a science based, long-term management approach to the stream, and Whereas, The West Kill SMP provides guidance on protecting the safety and welfare of the citizens of Lexington and the public investment in Town infrastructure. Whereas, The GCSWCD and the Town desire to work cooperatively to implement the West Kill SMP for the common benefit of both parties, protection of the natural resources and the interests of the broader watershed stakeholders, now Therefore be it resolved that: The Town of Lexington recognizes, and adopts the West Kill Stream Management Plan as a guidance document that can assist the Town and its landowners with addressing long term management of the West Kill in a manner that is consistent with the protection of public and private property, the protection of natural resources, and in a way that will provide the town, its landowners and visitors with multiple benefits. RESOLUTION # 85-08 Memorandum of Understanding / West Kill Stream Management Plan On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Maurice Nelson, the following resolution was ADOPTED Ayes - 4 - Baldrey, Nelson, Van Valkenburgh, and Mellott. Absent – 1 - Byrne Nays – 0 This is an agreement between the following parties; Party 1: Town of Lexington, P.O. Box 28 Lexington, NY 12452 Party 2: Greene Co. Soil & Water Conservation District (GCSWCD) 907 Greene County Office Building, Cario, NY 12413 Whereas, The GCSWCD and the Town both recognize that the West Kill is a key element of the identity of the Town, and provides many environmental and economic benefits to the residents of Lexington, and Whereas, The GCSWCD and the town have worked cooperatively on stream management issues relevant to both public and pr4ivate interests for many years, and Whereas, The GCSWCD, in partnership with the NYCDEP Stream Management Program have worked cooperatively since 2004 to develop a comprehensive Stream Management Plan (SMP) for the West Kill, and Whereas, The GCSWCD and NYCDEP worked closely with a local Project Advisory Committee, the Town and other watershed stakeholders to develop the West Kill SMP which takes a science based, long term management approach to the stream, and Whereas, The West Kill SMP is consistent with the attached Statement of Stream Stewardship Principles with which the Town, GCSWCD and PAC agree, and Whereas, The West Kill SMP provides guidance on protecting the safety and Welfare of the citizens of the Town and the public investment in Town infrastructure, and Resolution # 85-08 – Continued Whereas, The Town has adopted by resolution the West Kill SMP , and Whereas, The GCSWCD and the town desire to work cooperatively to implement the West Kill SMP for the common benefit of both parties, protection of the natural resources and the interests of the broader watershed stakeholders, now, Therefore, In consideration of the premises, responsibilities and covenants herein, the Town and GCSWCD agree as follows, Purpose This agreement sets forth the roles and responsibilities of the GCSWCD and the Town of the purpose of implementation of the West Kill Stream Management Plan (SMP) and its various recommendations and initiatives. The agreement formalizes the cooperative and effective working partnership that the Town and GCSWCD have enjoyed for many years in regards to technical assistance, project coordination and other issues related to management of the West Kill stream and its important natural resources. Additionally, the parties agree that execution and implementation of this MOU will have mutual benefits. Term The term of this agreement shall be for a period of five (5) years. The agreement shall be reviewed annually, upon its anniversary date, by each party and amended in writing as deemed necessary by either or both parties. The Agreement is renewable in five (5) year increments by resolution and written notification by each party prior to the expiration of the agreement. Amendments In the event that either party seeks to make substantive changes to this agreement, the party seeking such changes shall notify the other party in writing at least sixty (60) days prior to the date that the party requests the amendments take effect. The party being requested to agree to the amendment shall respond in writing within thirty (30) days. The amendments will be enforced upon consensus between the two parties to the proposed changes. Termination This agreement can be terminated by either party, for any reason whatsoever, upon sixty (60) days written notice by the party seeking termination to the other party. Both the Town and GCSWCD additionally agree to make every good faith effort possible to settle any differences regarding this agreement. Responsibilities of the GCSWCD The GCSWCD, within the limitations of its funding and staffing resources, shall provide the Town, its residents and other stakeholders, with technical, administrative and project management assistance to carry out the goals and objectives of the West Kill SMP. This assistance shall include, but is not limited to the following: The GCSWCD will: Provided a copy of the most recent version of the West Kill SMP to appropriate Town and county department heads. Facilitate a Watershed-wide Project Advisory Committee that will include representatives of the Town. The PAC membership will be developed in close coordination with the Town, and its membership reviewed periodically, to ensure adequate representation of all stakeholder groups. Conduct all activities in accordance with the provisions of this agreement, relevant laws, rules/ regulations, administrative/fiscal guidelines and policies or priorities of the Town. Provide the Town in the beginning of spring, with a detailed work plan of stream management activities the GCSWCD proposes to undertake during the following year. The Annual Work Plan identify specific projects and initiatives, the goals, objectives and benefits of these projects, potential partners, funding needs and sources as well as any other information as may be necessary for the Town to clearly understand the work that is proposed for the following year and the Town’s role. The Annual Work Plan will be developed by the GCSWCD, in consultation with the Schoharie Watershed Advisory Committee (SWAC), NYCDEP Stream Management Program and other interested parties. Resolution # 85-08 – Continued Provide frequent reports on the status of the Annual Work Plan, not less than quarterly, and be available at the request of the Town to attend meetings, workshops or similar events when the Annual Work Plan or specific item contained therein, require a more detailed understanding by the Town or its constituents. Remain up-to-date on current methods of watershed protection, including stream restoration and monitoring techniques, storm water management and other stewardship opportunities, and transfer this knowledge through educational programming to the Town. Liaise with appropriate County agencies (i.e. Planning and Highway Departments) to ensure close coordination and effective and efficient use of resources. Provide, within the limitations of available resources, GCSWCD technical staff resources and/or consultants, to assist the Town, its landowners or other applicable stakeholders, with issues related to stream management. Examples of such assistance may include, but are not limited to: Providing assistance to the Town’s Highway Department, in coordination with the Count y highway department, on matters related to bridge design, culvert replacement, stream bank erosion and repair , storm water management, critical area vegetation, stream crossings, emergency flood response and other issues related to natural resources and the Town’s highway system. Provide assistance to the Town’s Planning Board, in coordination with the County Planning Board, in matters related to review and interpretation of proposed actions and the applicability of federal, state or model local ordinances, including possible guidance towards adoption. Technical assistance may be related to stream management, storm water management, floodplain management and other issues related to natural resources that may be applicable to projects that are presented to the planning board for review and approval. Provide assistance to the Town’s landowners on issues related to stream management, storm water management, riparian buffers, digital flood insurance rate maps and other items related to natural resources management. Assist the Town as necessary with securing regulatory permits that are consistent with the Stream Stewardship Principles as may be required for activities proposed by the Town. Assist the Town with developing further, more detailed strategies, ordinances and plans as may be appropriate to address issues related to storm water management , stream management, flood response, wetland impacts etc. Assist the Town and it stakeholders with identifying, securing, and managing funds from multiple sources as may be appropriate to further the implementations of the West Kill SMP. Responsibilities of the Town The Town, within its limitations and authority, will work cooperatively with the GCSWCD, its various programs, and other agencies and stakeholders as may be involved in the implementation of the West Kill SMP. The Town’s cooperation and participation must be based on the Town’s assessment of the appropriate actions for its residents and will not be hampered in anyway from meeting its responsibilities under any other local, state or federal program. The Town’s cooperation shall include, but is not limited to: The Town will: Appoint a primary and secondary point of contact as their representatives to the Schoharie Watershed Advisory Committee identifying individuals that will effectively represent the varied interests of the Town, and its stakeholders. Work with the GCSWCD and the Watershed Advisory Committee, to develop and Annual Work Plan that will identify specific projects and initiatives related to implementation of the West Kill SMP, and its goals, objectives and benefits of these projects, potential partners, funding needs and sources as well as any other information as may be necessary for the Town and GCSWCD to clearly understand the work that is proposed for the following year and the respective roles of the Town and GCSWCD. Resolution # 85-08 – Continued Distribute the Work Plan and encourage their various departments, such as Highway Department, Building Inspection/Code Enforcement Officer, and Boards including Planning & Zoning Boards, etc, to implement recommendations of the West Kill SMP and to access technical assistance available through the GCSWCD. Utilize the West Kill Steam Management Plan as a primary guidance document for Town activities as they relate to the West Kill and its associated natural resources. Work cooperatively with the GCSWCD to identify, secure and manage funds from multiple sources as may be appropriate to meet the objectives set forth in the Annual Work Plan. 7. Funding This instrument is neither a fiscal nor funds obligation document. The GCSWCD and Town mutually agree that execution of this MOU in no way obligates either party to fund, or automatically support activities that may be set forth in the MOU or the Annual Work Plans. Both the GCSWCD and Town agree that funding of activities or other aspect of this MOU must be considered on a case by case basis, In the event either party provides funding or other forms of support to he execution of this MOU, each party will manage or otherwise use these funds in a manner that provides for effective fiscal oversight, and meets the local, state or federal spending requirements. 8. Limitation of Authority Neither the GCSWCD nor the Town shall have any authority to enter into contracts in the name of the other, or to bind or obligate the other to any contractor, subcontractor or other third party, for any sum of money, or in any other way. Repair the Roof An estimate was received of $3,700 to repair the roof from WeatherGuard Roofing Co., 288 Curry Road, Schenectady, NY 12303. A discussion was held on the roof repair across the front of the building. RESOLUTION #86-08 Roof Repair to Municipal Building On a motion by Council Member Keith Mellott, seconded by Council Member Paul Van Valkenburgh, the following resolution was ADOPTED Ayes - 4 - Baldrey, Nelson, Van Valkenburgh, and Mellott. Absent – 1 - Byrne Nays – 0 This Town Board moves to accept the bid price of $3,700. for the repair of the roof from WeatherGuard Roofing Co., 288 Curry Road, Schenectady, NY 12303 Assessor’s Hours / New Summer Hours Assessor Georgette Krauss is setting new summer hours from 9am to 1pm on Mondays and Fridays, and by appointment. Town Clerk, Rose Williams will advertise it in the local newspaper. Flood Insurance Program The National Flood Insurance Program went into effect on May 16th, 2008. Council Member Arrived. Council Member Lynn Byrne entered the meeting – 7:20 PM Open Burning A discussion was held because NYS DEC is trying to pass a law in New York State that would ban all the open burning in the state, and they are holding public hearings on this at the present time. The Town Board also discussed passing a resolution against the banning of open burning because they are opposed to the legislation. Supervisor Dixie Baldrey will contact the Greene Co. Legislature to see if they are going to have a resolution opposing the ban on open burning. RESOLUTION #87-08 Oppose Ban on Open Burning On a motion by Council Member Paul Van Valkenburgh, seconded by Council Member Keith Mellott, the following resolution was ADOPTED Ayes - 5 - Baldrey, Nelson, Van Valkenburgh, Byrne, and Mellott. Nays – 0 This Town Board goes on record to say that they are opposed to the ban on open burning, which NYS is trying to get passed. Greene Co. Youth Fair A letter was received from the Greene County Youth Fair asking for a donation to off set the cost of the fireworks, which will be held on July 26th, 2008. A discussion was held. RESOLUTION #88-08 Donation to the Greene Co. Youth Fair On a motion by Council Member Lynn Byrne, seconded by Council Member Paul Van Valkenburgh, the following resolution was ADOPTED Ayes - 4 - Baldrey, Nelson, Van Valkenburgh, and Mellott. Absent – 1 - Byrne Nays – 0 This Town Board moves to donate $50.00 (fifty dollars) towards the fireworks, which will be held at the Greene Co. Youth Fair – July 26th. Sprouts Councilmember Lynn Byrne said that she found out that six (6) children from the Lexington area will be attending the Greene Co. Council on the Arts Program, “Sprouts” this summer. RESOLTUION #89-08 SPROUTS DONATION On a motion by Councilmember Lynn Byrne, seconded by Councilmember Keith Mellott, the following resolution was ADOPTED. Aye: 5 – Baldrey, Nelson, Van Valkenburgh, Mellott, Byrne. WHEREAS, said Greene County Council on the Arts “Sprouts” has offered to provided certain services to the Town of Lexington during the summer of 2008, and the services shall consist of providing workshops in art, theater, music, and dance for the children, and WHEREAS, SAID Greene County Council on the arts, “Sprouts” has agreed to perform these services in exchange for the sum of One Hundred and Twenty Dollars ($120.00) which shall be used to defray its expenses for the summer “Sprouts” program for children. NOW THEREFORE, in consideration of the mutual promises hereinafter set forth, it agrees to the following: The Greene County Council on the Arts “Sprouts” shall provide the program for the children for the Tow of Lexington. The Town of Lexington shall pay to the Greene County Council of the Arts “Sprouts” the sum of $ One Hundred and Twenty Dollars ($120.00) as compensation for these services which shall be used to defray the expenses of the aforesaid arts program for the children. RESOLTUION #90-08 Increase Estimated Revenues On a motion by Councilmember Lynn Byrne, seconded by Councilmember Maurice Nelson, the following resolution was ADOPTED. Aye: 5 – Baldrey, Nelson, Van Valkenburgh, Mellott, Byrne. This Town Board moves to increase Estimated Revenues in the General Fund A3330 State Aid Unified Budget Security costs by $1,523.74 for a grant received from New York State from a Justice Court Assistance Program and to show expenditures for this grant under A3330.2. RESOLTUION #91-08 Increase Estimated Revenues On a motion by Councilmember Lynn Byrne, seconded by Councilmember Maurice Nelson, the following resolution was ADOPTED. Aye: 5 – Baldrey, Nelson, Van Valkenburgh, Mellott, Byrne. This Town Board moves to increase Estimated Revenues in the General Fund A510-A3060 retroactively to 2007 for a Record Management Grant received from the State of New York in the amount of $2,900.00 and in 2008 to show expenditures under A3060.1 - Records Management Personnel and A3060.2 – Records Management Equipment. Shed Set Backs Code enforcement officer, James Boyle suggested with a letter that the Town Board may or may not wish to consider exempting movable sheds from the set back requirement. A discussion was held and it will be left the same. Purchase by NYC DEP NYC DEP is going to acquire part of a parcel of land from Donald Dillport, Parcel #160.00-2-34. They are purchasing 329 +/- acres from Mr. Dillport’s 395 acre parcel. The property is located behind the village of West Kill. A discussion was held. The local consultation process allows Towns and local residents an opportunity to notify the City of their desires or concerns related to the City’s acquisition of the property, and Supervisor Dixie Baldrey will respond to the letter. Falke Road. The Falke Road construction and repair has begun, and Councilman Keith Mellott said that the design was changed and approved by everyone involved, and an example was that they decided to use larger rocks in the project. Further discussion was held. Ganem Contract Extension Ganem Contracting Co. asked for an extension by one month for their final completion date for the brick work on the front of the building due to the lead time of the custom bricks that were requested to match the bricks in place. RESOLTUION #92-08 Approve Extension / Final Completion On a motion by Councilmember Paul Van Valkenburgh, seconded by Councilmember Keith Mellott, the following resolution was ADOPTED. Aye: 5 – Baldrey, Nelson, Van Valkenburgh, Mellott, Byrne. This Town Board agrees to an extension for the Ganem Contracting Corp. contract by one month, and therefore makes the “Final Completion” date for July 21, 2008, and the original date was June 21, 2008. Alternate Brick Work – Phase II A discussion was held on doing the next phase(s) of the brick work on the Municipal Building. The Town Board members decided to have a special meeting with Ganem Contracting Corp. to consider moving on further with the project. The meeting will be set up with Ganem and WeatherGuard as soon as possible. The meeting was set for Thursday, July 10, 2008 at 11:30 am. Batavia Kill Stream Celebration / Sponsorship RESOLTUION #93-08 Batavia Kill Stream Celebration / Donation On a motion by Supervisor Dixie Baldrey, seconded by Councilmember Lynn Byrne, the following resolution was ADOPTED. Aye: 5 – Baldrey, Nelson, Van Valkenburgh, Mellott, Byrne. This Town Board moves to donate One-Hundred Dollars ($100.00) to the Batavia Kill Stream Celebration that will be held on August 9, 2008. Highway Garage Supervisor Dixie Baldrey said that she has two copies of specs from the Highway Garage Addition and Repair from February, 2004 that was done by Kaaterskill Engineering, and Contractor, John Berger, said that it could be jacked up and put a new foundation in, a new roof, move rooms inside around to create another bay, which he thought could be done for around three-hundred thousand. A discussion was held on maybe putting it out to bids, and Supervisor Baldrey would like the Council Members to review the plans. Supervisor Dixie Baldrey will find out if the plans can be used for the garage because it was said that the company might have a copy right on them. Wild Blue Internet Service Councilmember Keith Mellott will contact Wild Blue and have them come for info on setting up the internet service here at the Municipal Building. Memorial Design A discussion was held on the memorial design for the veteran’s memorial that will be put out front. Discussed the cost of $20,000. from Kevin Van Hentenryck and what it would include. Other questions were – would the present memorial be moved out front – what the wording should be – what the inscription on the memorial should be – maybe a combination of what Janice and Kevin both said could be combine together into one saying --- vandalism of the eagle – liked the idea of the red, white and blue stone of Kevin’s -- Janice’s memorial stone had mountains on it – Kevin’s design did not encounter moving anything --- Kevin suggested that it would be a good idea to move monument there to accommodate fire trucks – discussed people who worked during the war for war related things from Lexington and was at other places, should they be included --- putting names on the existing monument. Inscription liked by most was, “Dedicated to The Men and Women from Town of Lexington Who Served Our Country” Supervisor Dixie Baldrey will talk to Janice Mellott & Kevin Van Hentenryck. Council Member Byrne will check with her mother to see if they have any listing for loss of lives during the war. Further discussion was held. Public Concerns Hartnett Robert Hermance asked what is happening with the Hartnett place. Supervisor Baldrey said that a letter was sent to Hartnet, which he did not pick up or acknowledge. The letter said that the Town was going to demolish his property and put the cost of the demolition on his tax bill. Supervisor Dixie Baldrey assured Robert Hermance that the building will be coming down. More discussion was held regarding the time frame of circumstances. Supervisor Baldrey said that it wasn’t the responsibility of the attorney when all the things took place and that was the job of James Boyle, Code Enforcement Office. Does the town own the building after the demolishing – Supervisor Baldrey answered yes. Roof & Steps Discussed the step repair and the Greene County Board of Elections said that the step did not fall under what they wanted to do. They only wanted to erect signs for designations. Revaluation -- Nicholas Palermo wanted to go on the record that he opposes the revaluation that is being done by the Town of Lexington. Cell Tower – Ray Albino asked if anything was happening with the Cell Tower. Supervisor Baldrey said that the group that was doing Shandaken Cell Tower from Maine are coming over to check out the place on Beech Ridge. Park Area – Nancy Kizyma asked for an update on the park area. Councilman Mellott said that he did his job and was done. A discussion was held on the park area. Supervisor Dixie Baldrey asked what needed to be done yet. Benches were discussed. Councilmember Keith Mellott said that in order to get the land filled in, you would have to go through a year of permits. A discussion was held. Wind Power Nicholas Palermo said that the town should investigate wind power. Park Area Robert Hermance suggested that the town should get the necessary paper work and acquire the forms to see who has to be contacted for the permits. Supervisor Dixie Baldrey will contact Greene Co. Soil & Water to see what needs to be done to get the permits or see what they had in mind for the park area. Park Committee Councilmember Lynn Byrne asked Nancy Kizyma to help her in contacting people that were on the committee in the very beginning and she agreed. Council member Byrne said that she would contact Michelle Yost to see what she could tell her about the area. Speed Limit Sign Ray Albino said that the speed limit changes to 45 miles per hour – on Route 42, and felt that there should be a warning ahead of that. A discussion was held. AUDIT THE BILLS RESOLUTION #94-08 PAY THE BILLS On a motion by Council Member Keith Mellott, seconded by Council Member Maurice Nelson, the following resolution was ADOPTED - Ayes - 5 - Baldrey, Nelson, Byrne, Mellott, Van Valkenburgh Nay - 0 Resolved, that this Town Board, having audited the following General Fund Vouchers #164 through #189, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract #7, General Fund, on the Supervisor for payment of $11,534.68. Resolved, that this Town Board, having audited the following Highway Fund Vouchers #74 through #85, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract #6 Highway Fund, on the Supervisor for payment of $44,266.58. Resolved, that this Town Board, having audited the following Special Lighting District Voucher # 7 , hereby orders it paid and directs the Town Clerk to draw Abstract # 5, Special Lighting District Fund, on the Supervisor for payment of $170.93. Adjourn Council Member Lynn Byrne made a motion to adjourn the meeting, seconded by Council Member Paul Van Valkenburgh. All agreed. Supervisor Dixie Baldrey adjourned the meeting. Respectfully submitted, Rose Williams, Town Clerk, RMC

Board Meeting

July,1 2008

The Regular Meeting of the Town Board of the Town of Lexington was called to order on July 1, 2008 at 7:00 P.M., by Supervisor Dixie Baldrey at the Lexington Municipal Building, followed by the pledge of allegiance.

A moment of silence was observed in memory of Anthony Mangano and Frank Guiterman.

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

OTHERS PRESENT: Ralph (Ray) Albino, Nicholas Palermo, Richard & Bernice Timmerman, Mike Ryan (Windham Journal Rep.), Robert Hermance, Nancy Kizyma, and John Loftus.

Minutes

RESOLUTION # 82-08
ACCEPT THE MINUTES / Regular Meeting

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

This Town Board resolves to accept the minutes of the regular meeting held on June 3, 2008.

RESOLUTION # 83-08
ACCEPT THE FINANCIAL REPORT

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

This Town Board moves to accept the Financial Report of June 30, 2008, as presented by Supervisor Dixie Baldrey.

Fire Personnel

Supervisor Dixie Baldrey said no fire personnel was present so the discussion the fire and rescue concerns would take place in the future.

Youth Program

The Youth Program is scheduled to begin on July 8th and run through August 2, 2008.
Nina Berger is the Director and is ready to go with the program.

Summer Art Program

Suzanne Walsh, substitute teach at the Hunter Elementary School is proposing / introducing a summer art program for the elementary school students of the Hunter Elementary School, here at the Lexington Municipal Building Pavilion on Mondays, Wednesdays, and Fridays, from July 2, 2008 thru August 6, 2008. Suzanne Walsh has put out flyers to see what response she gets, and she will go from there.

Adopt Resolution of West Kill Management Plan

Supervisor Dixie Baldrey read the resolution to the Town Board Members and ask for the adoption.

RESOLUTION #84-08
Adopt West Kill Stream Management Plan

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

Resolution # 84-08 – Continued

Whereas, The Greene County Soil & Water Conservation District (GCSWCD) and the Town of Lexington recognize that the West Kill is a key element of the identity of the Town, and provides many environmental and economic benefits to the residents and business of Lexington, and

Whereas, The GCSWCD and the Town have worked cooperatively on stream management issues relevant to both public and private interests for many years, and

Whereas, The GCSWCD, in partnership with the NYCDEP Stream Management Program have worked cooperatively since 2004 to develop a comprehensive Stream Management Plan (SMP) for the West Kill, and

Whereas, The GCSWCD and NYCDEP have worked closely with a local Project Advisory Committee, the Town and other watershed stakeholders to develop the West Kill SMP which takes a science based, long-term management approach to the stream, and

Whereas, The West Kill SMP provides guidance on protecting the safety and welfare of the citizens of Lexington and the public investment in Town infrastructure.

Whereas, The GCSWCD and the Town desire to work cooperatively to implement the West Kill SMP for the common benefit of both parties, protection of the natural resources and the interests of the broader watershed stakeholders, now

Therefore be it resolved that:

The Town of Lexington recognizes, and adopts the West Kill Stream Management Plan
as a guidance document that can assist the Town and its landowners with addressing long
term management of the West Kill in a manner that is consistent with the protection of public and
private property, the protection of natural resources, and in a way that will provide the town, its
landowners and visitors with multiple benefits.

RESOLUTION # 85-08
Memorandum of Understanding / West Kill Stream Management Plan

This is an agreement between the following parties;

Party 1:            Town of Lexington,
                        P.O. Box 28
                        Lexington, NY 12452

Party 2: Greene Co. Soil & Water Conservation District (GCSWCD)
907 Greene County Office Building, Cario, NY 12413

Whereas, The GCSWCD and the Town both recognize that the West Kill is a key element
of the identity of the Town, and provides many environmental and economic benefits to the residents of Lexington, and

Whereas, The GCSWCD and the town have worked cooperatively on stream management
issues relevant to both public and pr4ivate interests for many years, and

Whereas, The GCSWCD, in partnership with the NYCDEP Stream Management Program
have worked cooperatively since 2004 to develop a comprehensive Stream Management Plan (SMP) for the West Kill, and

Whereas, The GCSWCD and NYCDEP worked closely with a local Project Advisory
Committee, the Town and other watershed stakeholders to develop the West Kill SMP which takes a science based, long term management approach to the stream, and

Whereas, The West Kill SMP is consistent with the attached Statement of Stream
Stewardship Principles with which the Town, GCSWCD and PAC agree, and

Whereas, The West Kill SMP provides guidance on protecting the safety and
Welfare of the citizens of the Town and the public investment in Town infrastructure, and

Resolution # 85-08 – Continued

Whereas, The Town has adopted by resolution the West Kill SMP , and

Whereas, The GCSWCD and the town desire to work cooperatively to implement the West Kill SMP for the common benefit of both parties, protection of the natural resources and the interests of the broader watershed stakeholders, now,

Therefore, In consideration of the premises, responsibilities and covenants herein, the Town and GCSWCD agree as follows,

Purpose

This agreement sets forth the roles and responsibilities of the GCSWCD and the Town of the purpose of implementation of the West Kill Stream Management Plan (SMP) and its various recommendations and initiatives. The agreement formalizes the cooperative and effective working partnership that the Town and GCSWCD have enjoyed for many years in regards to technical assistance, project coordination and other issues related to management of the West Kill stream and its important natural resources. Additionally, the parties agree that execution and implementation of this MOU will have mutual benefits.

Term

The term of this agreement shall be for a period of five (5) years. The agreement shall be reviewed annually, upon its anniversary date, by each party and amended in writing as deemed necessary by either or both parties. The Agreement is renewable in five (5) year increments by resolution and written notification by each party prior to the expiration of the agreement.

Amendments

In the event that either party seeks to make substantive changes to this agreement, the party seeking such changes shall notify the other party in writing at least sixty (60) days prior to the date that the party requests the amendments take effect. The party being requested to agree to the amendment shall respond in writing within thirty (30) days. The amendments will be enforced upon consensus between the two parties to the proposed changes.

Termination

This agreement can be terminated by either party, for any reason whatsoever, upon sixty (60) days written notice by the party seeking termination to the other party. Both the Town and GCSWCD additionally agree to make every good faith effort possible to settle any differences regarding this agreement.

Responsibilities of the GCSWCD

The GCSWCD, within the limitations of its funding and staffing resources, shall provide the Town, its residents and other stakeholders, with technical, administrative and project management assistance to carry out the goals and objectives of the West Kill SMP. This assistance shall include, but is not limited to the following:

The GCSWCD will:

Provided a copy of the most recent version of the West Kill SMP to appropriate Town and county department heads.

Facilitate a Watershed-wide Project Advisory Committee that will include
representatives of the Town. The PAC membership will be developed in close coordination with the Town, and its membership reviewed periodically, to ensure adequate representation of all stakeholder groups.

Conduct all activities in accordance with the provisions of this agreement, relevant
laws, rules/ regulations, administrative/fiscal guidelines and policies or priorities of the Town.

Provide the Town in the beginning of spring, with a detailed work plan of stream
      management activities the GCSWCD proposes to undertake during the following
      year. The Annual Work Plan identify specific projects and initiatives, the goals,
      objectives and benefits of these projects, potential partners, funding needs and
      sources as well as any other information as may be necessary for the Town to clearly
      understand the work that is proposed for the following year and the Town’s role. The
      Annual Work Plan will be developed by the GCSWCD, in consultation with the
      Schoharie Watershed Advisory Committee (SWAC), NYCDEP Stream Management
      Program and other interested parties.

Resolution # 85-08 – Continued

Provide frequent reports on the status of the Annual Work Plan, not less than
quarterly, and be available at the request of the Town to attend meetings, workshops
or similar events when the Annual Work Plan or specific item contained therein,
require a more detailed understanding by the Town or its constituents.

Remain up-to-date on current methods of watershed protection, including stream
      restoration and monitoring techniques, storm water management and other
      stewardship opportunities, and transfer this knowledge through educational
      programming to the Town.

Liaise with appropriate County agencies (i.e. Planning and Highway Departments) to
ensure close coordination and effective and efficient use of resources.

Provide, within the limitations of available resources, GCSWCD technical staff
resources and/or consultants, to assist the Town, its landowners or other applicable
stakeholders, with issues related to stream management. Examples of such
assistance may include, but are not limited to:

Providing assistance to the Town’s Highway Department, in coordination with the Count y highway department, on matters related to bridge design, culvert replacement, stream bank erosion and repair , storm water management, critical area vegetation, stream crossings, emergency flood response and other issues related to natural resources and the Town’s highway system.

Provide assistance to the Town’s Planning Board, in coordination with the County Planning Board, in matters related to review and interpretation of proposed actions and the applicability of federal, state or model local ordinances, including possible guidance towards adoption. Technical assistance may be related to stream management, storm water management, floodplain management and other issues related to natural resources that may be applicable to projects that are presented to the planning board for review and approval.

Provide assistance to the Town’s landowners on issues related to stream management, storm water management, riparian buffers, digital flood insurance rate maps and other items related to natural resources management.

Assist the Town as necessary with securing regulatory permits that are consistent with the Stream Stewardship Principles as may be required for activities proposed by the Town.

Assist the Town with developing further, more detailed strategies, ordinances and plans as may be appropriate to address issues related to storm water management , stream management, flood response, wetland impacts etc.

Assist the Town and it stakeholders with identifying, securing, and managing funds from multiple sources as may be appropriate to further the implementations of the West Kill SMP.

Responsibilities of the Town

The Town, within its limitations and authority, will work cooperatively with the GCSWCD, its various programs, and other agencies and stakeholders as may be involved in the implementation of the West Kill SMP. The Town’s cooperation and participation must be based on the Town’s assessment of the appropriate actions for its residents and will not be hampered in anyway from meeting its responsibilities under any other local, state or federal program. The Town’s cooperation shall include, but is not limited to:

The Town will:

Appoint a primary and secondary point of contact as their representatives to the Schoharie Watershed Advisory Committee identifying individuals that will effectively represent the varied interests of the Town, and its stakeholders.

Work with the GCSWCD and the Watershed Advisory Committee, to develop and Annual Work Plan that will identify specific projects and initiatives related to implementation of the West Kill SMP, and its goals, objectives and benefits of these projects, potential partners, funding needs and sources as well as any other information as may be necessary for the Town and GCSWCD to clearly understand the work that is proposed for the following year and the respective roles of the Town and GCSWCD.

Resolution # 85-08 – Continued

Distribute the Work Plan and encourage their various departments, such as Highway Department, Building Inspection/Code Enforcement Officer, and Boards including Planning & Zoning Boards, etc, to implement recommendations of the West Kill SMP and to access technical assistance available through the GCSWCD.

Utilize the West Kill Steam Management Plan as a primary guidance document for Town activities as they relate to the West Kill and its associated natural resources.

Work cooperatively with the GCSWCD to identify, secure and manage funds from multiple sources as may be appropriate to meet the objectives set forth in the Annual Work Plan.

7. Funding

This instrument is neither a fiscal nor funds obligation document. The GCSWCD and Town mutually agree that execution of this MOU in no way obligates either party to fund, or automatically support activities that may be set forth in the MOU or the Annual Work Plans. Both the GCSWCD and Town agree that funding of activities or other aspect of this MOU must be considered on a case by case basis, In the event either party provides funding or other forms of support to he execution of this MOU, each party will manage or otherwise use these funds in a manner that provides for effective fiscal oversight, and meets the local, state or federal spending requirements.

8. Limitation of Authority

Neither the GCSWCD nor the Town shall have any authority to enter into contracts in the name of the other, or to bind or obligate the other to any contractor, subcontractor or other third party, for any sum of money, or in any other way.

Repair the Roof

An estimate was received of $3,700 to repair the roof from WeatherGuard Roofing Co., 288 Curry Road, Schenectady, NY 12303. A discussion was held on the roof repair across the front of the building.

RESOLUTION #86-08
Roof Repair to Municipal Building

This Town Board moves to accept the bid price of $3,700. for the repair of the roof from WeatherGuard Roofing Co., 288 Curry Road, Schenectady, NY 12303

Assessor’s Hours / New Summer Hours

Assessor Georgette Krauss is setting new summer hours from 9am to 1pm on Mondays and Fridays, and by appointment.
Town Clerk, Rose Williams will advertise it in the local newspaper.

Flood Insurance Program

The National Flood Insurance Program went into effect on May 16th, 2008.

Council Member Arrived.

Council Member Lynn Byrne entered the meeting – 7:20 PM

Open Burning

A discussion was held because NYS DEC is trying to pass a law in New York State that would ban all the open burning in the state, and they are holding public hearings on this at the present time. The Town Board also discussed passing a resolution against the banning of open burning because they are opposed to the legislation. Supervisor Dixie Baldrey will contact the Greene Co. Legislature to see if they are going to have a resolution opposing the ban on open burning.

RESOLUTION #87-08
Oppose Ban on Open Burning

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

This Town Board goes on record to say that they are opposed to the ban on open burning, which NYS is trying to get passed.

Greene Co. Youth Fair

A letter was received from the Greene County Youth Fair asking for a donation to off set the cost of the fireworks, which will be held on July 26th, 2008. A discussion was held.

RESOLUTION #88-08
Donation to the Greene Co. Youth Fair

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

This Town Board moves to donate $50.00 (fifty dollars) towards the fireworks, which will be held at the Greene Co. Youth Fair – July 26th.

Sprouts

Councilmember Lynn Byrne said that she found out that six (6) children from the Lexington area will be attending the Greene Co. Council on the Arts Program, “Sprouts” this summer.

RESOLTUION #89-08
SPROUTS DONATION

On a motion by Councilmember Lynn Byrne, seconded by Councilmember Keith Mellott, the following resolution was
ADOPTED.
Aye: 5 – Baldrey, Nelson, Van Valkenburgh, Mellott, Byrne.

WHEREAS, said Greene County Council on the Arts “Sprouts” has offered to provided certain services to the Town of Lexington during the summer of 2008, and the services shall consist of providing workshops in art, theater, music, and dance for the children, and
WHEREAS, SAID Greene County Council on the arts, “Sprouts” has agreed to perform these services in exchange for the sum of One Hundred and Twenty Dollars ($120.00) which shall be used to defray its expenses for the summer “Sprouts” program for children.
NOW THEREFORE, in consideration of the mutual promises hereinafter set forth, it agrees to the following:
The Greene County Council on the Arts “Sprouts” shall provide the program for the children for the Tow of Lexington.
The Town of Lexington shall pay to the Greene County Council of the Arts “Sprouts” the sum of $ One Hundred and Twenty Dollars ($120.00) as compensation for these services which shall be used to defray the expenses of the aforesaid arts program for the children.

RESOLTUION #90-08
Increase Estimated Revenues

On a motion by Councilmember Lynn Byrne, seconded by Councilmember Maurice Nelson, the following resolution was
ADOPTED.
Aye: 5 – Baldrey, Nelson, Van Valkenburgh, Mellott, Byrne.

This Town Board moves to increase Estimated Revenues in the General Fund A3330 State Aid Unified Budget Security costs by $1,523.74 for a grant received from New York State from a Justice Court Assistance Program and to show expenditures for this grant under A3330.2.

RESOLTUION #91-08
Increase Estimated Revenues

On a motion by Councilmember Lynn Byrne, seconded by Councilmember Maurice Nelson, the following resolution was ADOPTED.
Aye: 5 – Baldrey, Nelson, Van Valkenburgh, Mellott, Byrne.

This Town Board moves to increase Estimated Revenues in the General Fund A510-A3060 retroactively to 2007 for a Record Management Grant received from the State of New York in the amount of $2,900.00 and in 2008 to show expenditures under A3060.1 - Records Management Personnel and A3060.2 – Records Management Equipment.

Shed Set Backs

Code enforcement officer, James Boyle suggested with a letter that the Town Board may or may not wish to consider exempting movable sheds from the set back requirement. A discussion was held and it will be left the same.

Purchase by NYC DEP

NYC DEP is going to acquire part of a parcel of land from Donald Dillport, Parcel #160.00-2-34. They are purchasing 329 +/- acres from Mr. Dillport’s 395 acre parcel. The property is located behind the village of West Kill. A discussion was held. The local consultation process allows Towns and local residents an opportunity to notify the City of their desires or concerns related to the City’s acquisition of the property, and Supervisor Dixie Baldrey will respond to the letter.

Falke Road.

The Falke Road construction and repair has begun, and Councilman Keith Mellott said that the design was changed and approved by everyone involved, and an example was that they decided to use larger rocks in the project. Further discussion was held.

Ganem Contract Extension

Ganem Contracting Co. asked for an extension by one month for their final completion date for the brick work on the front of the building due to the lead time of the custom bricks that were requested to match the bricks in place.

RESOLTUION #92-08
Approve Extension / Final Completion

On a motion by Councilmember Paul Van Valkenburgh, seconded by Councilmember Keith Mellott, the following resolution was ADOPTED.
Aye: 5 – Baldrey, Nelson, Van Valkenburgh, Mellott, Byrne.

This Town Board agrees to an extension for the Ganem Contracting Corp. contract by one month, and therefore makes the “Final Completion” date for July 21, 2008, and the original date was June 21, 2008.

Alternate Brick Work – Phase II

A discussion was held on doing the next phase(s) of the brick work on the Municipal Building. The Town Board members decided to have a special meeting with Ganem Contracting Corp. to consider moving on further with the project. The meeting will be set up with Ganem and WeatherGuard as soon as possible. The meeting was set for Thursday, July 10, 2008 at 11:30 am.

Batavia Kill Stream Celebration / Sponsorship

RESOLTUION #93-08
Batavia Kill Stream Celebration / Donation

On a motion by Supervisor Dixie Baldrey, seconded by Councilmember Lynn Byrne, the following resolution was ADOPTED.
Aye: 5 – Baldrey, Nelson, Van Valkenburgh, Mellott, Byrne.

This Town Board moves to donate One-Hundred Dollars ($100.00) to the Batavia Kill Stream Celebration that will be held on August 9, 2008.

Highway Garage

Supervisor Dixie Baldrey said that she has two copies of specs from the Highway Garage Addition and Repair from February, 2004 that was done by Kaaterskill Engineering, and Contractor, John Berger, said that it could be jacked up and put a new foundation in, a new roof, move rooms inside around to create another bay, which he thought could be done for around three-hundred thousand. A discussion was held on maybe putting it out to bids, and Supervisor Baldrey would like the Council Members to review the plans.
Supervisor Dixie Baldrey will find out if the plans can be used for the garage because it was said that the company might have a copy right on them.

Wild Blue Internet Service

Councilmember Keith Mellott will contact Wild Blue and have them come for info on setting up the internet service here at the Municipal Building.

Memorial Design

A discussion was held on the memorial design for the veteran’s memorial that will be put out front. Discussed the cost of $20,000. from Kevin Van Hentenryck and what it would include. Other questions were – would the present memorial be moved out front – what the wording should be – what the inscription on the memorial should be – maybe a combination of what Janice and Kevin both said could be combine together into one saying --- vandalism of the eagle – liked the idea of the red, white and blue stone of Kevin’s -- Janice’s memorial stone had mountains on it – Kevin’s design did not encounter moving anything --- Kevin suggested that it would be a good idea to move monument there to accommodate fire trucks – discussed people who worked during the war for war related things from Lexington and was at other places, should they be included --- putting names on the existing monument. Inscription liked by most was, “Dedicated to The Men and Women from Town of Lexington Who Served Our Country”
Supervisor Dixie Baldrey will talk to Janice Mellott & Kevin Van Hentenryck.
Council Member Byrne will check with her mother to see if they have any listing for loss of lives during the war.
Further discussion was held.

Public Concerns

Hartnett

Robert Hermance asked what is happening with the Hartnett place. Supervisor Baldrey said that a letter was sent to Hartnet, which he did not pick up or acknowledge. The letter said that the Town was going to demolish his property and put the cost of the demolition on his tax bill. Supervisor Dixie Baldrey assured Robert Hermance that the building will be coming down.   More discussion was held regarding the time frame of circumstances.
            Supervisor Baldrey said that it wasn’t the responsibility of the attorney when all the things took place and that was the job of James Boyle, Code Enforcement Office.
            Does the town own the building after the demolishing – Supervisor Baldrey answered yes.

Roof & Steps

Discussed the step repair and the Greene County Board of Elections said that the step did not fall under what they wanted to do. They only wanted to erect signs for designations.

Revaluation -- Nicholas Palermo wanted to go on the record that he opposes the revaluation
that is being done by the Town of Lexington.

Cell Tower – Ray Albino asked if anything was happening with the Cell Tower. Supervisor
Baldrey said that the group that was doing Shandaken Cell Tower from Maine are coming over to check out the place on Beech Ridge.

Park Area – Nancy Kizyma asked for an update on the park area. Councilman Mellott said that
                    he did his job and was done. A discussion was held on the park area. Supervisor
       Dixie Baldrey asked what needed to be done yet. Benches were discussed.
      Councilmember Keith Mellott said that in order to get the land filled in, you would
       have to go through a year of permits. A discussion was held.

Wind Power Nicholas Palermo said that the town should investigate wind power.

Park Area Robert Hermance suggested that the town should get the necessary paper work and
                  acquire the forms to see who has to be contacted for the permits. Supervisor Dixie
                 Baldrey will contact Greene Co. Soil & Water to see what needs to be done to get the
                  permits or see what they had in mind for the park area.

Park Committee Councilmember Lynn Byrne asked Nancy Kizyma to help her in contacting
                             people that were on the committee in the very beginning and she agreed.
                             Council member Byrne said that she would contact Michelle Yost to see what
                             she could tell her about the area.

Speed Limit Sign Ray Albino said that the speed limit changes to 45 miles per hour – on Route
42, and felt that there should be a warning ahead of that. A discussion was
held.

AUDIT THE BILLS

RESOLUTION #94-08
PAY THE BILLS

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

Resolved, that this Town Board, having audited the following General Fund Vouchers #164 through #189, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract #7, General Fund, on the Supervisor for payment of $11,534.68.

Resolved, that this Town Board, having audited the following Highway Fund Vouchers #74 through #85, inclusive, hereby, orders them paid and directs the Town Clerk to draw Abstract #6 Highway Fund, on the Supervisor for payment of $44,266.58.

Resolved, that this Town Board, having audited the following Special Lighting District Voucher # 7 , hereby orders it paid and directs the Town Clerk to draw Abstract # 5, Special Lighting District Fund, on the Supervisor for payment of $170.93.

Adjourn

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

Supervisor Dixie Baldrey adjourned the meeting.

Respectfully submitted,

Rose Williams,
Town Clerk, RMC