Year End Town Board Meeting Minutes

The Year End Lindley Town Board Meeting was held on December 30th,2009
at the Lindley Town Hall, 637 US 15, PO Box 62
Lindley, New York 14858.
Tentative Minutes until Board Approval

Town Board Members Present:
Gerry Simcoe – Town Supervisor
Lloyd DeMun, II – Councilman
Paul Mortzheim – Councilman
Paul Stermer - Councilman
Fran Tempel – Councilwoman

Cindy Stermer
Kathy Biggio
Richard Biggio

Meeting was called to order by Gerry Simcoe at @ 7:00pm.
Pledge to the flag completed.
Minutes read and Motion to accept minutes as read, made by Paul Mortzheim. Seconded by Paul Stermer. Roll – Abstain by Paul Stermer and Paul Mortzheim as they weren’t at the meeting. Fran T. – yes, Lloyd D – yes.
Motion Carried

In reference to previous meeting’s minutes:
Fran T. asked if there were any plots available in the Fairview Cemetery. Gerry S. indicated that no one seems to know the answer.

Paul M. said that whatever the previous Fairview Cemetery Association had determined in the past, the Association is now defunct and the Town should determine fee for burial. The burial fee of $35 previously determined by the Fairview Cemetery Association was clarified as a one-time “permission to bury” fee, not a fee for an actual burial. Gerry S. said he would be calling other towns to find out what they charge for this kind of fee. Paul M. stated that this should be put into a statement when it’s decided.

Paul M. asked about the CHIPs money and whether this was an opinion or a statement regarding Lindley receiving CHIPs money in the future. The original letter was examined and determined that this was an “off the record” opinion.

Gerry S. stated there were no reports handed in, as they were due next month. Kathy Biggio provided her end-of- year report.

1. Gerry S. reported that the tax increase for 2010 came to 11.9% versus the 15.69% the Town originally expected. Discussion about how this came about ensued, with clarification sought regarding how the County changes the Town’s tax increase. Kathy Biggio said that the County adds and charges towns various amounts and yet it’s hard to explain the County’s process. Regardless, what the County does will not effect how much the Town actually needs to raise, but somehow what the County does adjusts the overall tax increase. Paul M. indicated he would contact the County to see if he could get a better understanding.

Richard Biggio stated that what he has done in the City of Corning in the past was indicate that the tax increase would be approximately 10%, give or take 2 or 3% with the County changes.

2. Gerry S. reported that the audit of the Financial Officer records was completed from July through November, 2009.

3. Ramsey Contractors has removed their trailer from the back parking lot.

New Business:

Gerry requested a resolution be adopted turning Morgan Creek Road East over to Steuben County. That section would be between the southern-most bridge of County Rte. 73 and State Highway 15, approximately 2,150 feet.


Title: Authorizing Steuben County to take over the responsibility for Highway
Maintenance and all existing easements to the Town of Lindley, section of Morgan Creek Road to State Highway 15.

WHEREAS, the Town Board of the Town of Lindley requests that Steuben County to take over ownership of a section of Morgan Creek Rd. from the southern-most bridge of County Rte 73 to the State Highway 15, approximately 2,150 feet.

WHEREAS, the Town Board of Lindley voted unanimously to adopt this resolution,

THEREFORE, this resolution was adopted December 30th, 2009.


From: A1990.4 – Contingency
To: A1010.4 – Board Contractual $7.70
Motion – Paul M., Seconded – Fran T., Roll – all agreed Motion Carried.

From: A1990.4 – Contingency
To: A1110.1 – Court Salary $946.75
Motion – Lloyd D., Seconded – Paul M. – Roll: Paul M. – no; Paul S. – no; Lloyd – yes; Fran T. – yes;
Discussion – Paul M. felt the Court employees went over budget and didn’t get the job done. Kathy B. explained about the personnel changes over the past year, and also how this transfer was part of the changes in the way the clerks were paid (monthly, weekly, and so forth). Kathy B. also suggested that the contractual accounts need to be addressed to the Board if a person goes over. Paul M. stated that his understanding of the court clerk was that this person works for the Town Board, not the Justice, and focuses on old tickets. Kathy B. indicated that the 2010 budget amount is now a part of the Justice Budget and couldn’t be changed. Paul M. stated that he did not approve a court clerk for 2010. Kathy B. reiterated this was in the 2010 budget and that he might need to talk to the Comptroller’s office. Gerry S. stated that the Justice’s salary is established and the rest in the budget for 2010 is for the clerk but that in 2011 the Board does not have to budget for a clerk.

Paul M. made the motion to enter an executive session, inviting Kathy B., Richard Biggio, and Cindy Stermer into the session. Fran Tempel Seconded. Roll, all agreed.
Motion Carried. Executive session began at 7:40 pm

Regular Year End meeting resumed at 8:05 pm.

Gerry S. returned the meeting to transfers.

Gerry voted yes to make the Court transfer

Motion Carried

From: A1990.4 – contingency
To: A1110.4 – Court Contractual $1254.07
Motion – Lloyd, Seconded – Fran T. Roll - all agreed Motion Carried.

From: A1990.4 Contingency
To: A1330.4 Tax Collection Contractual $86.24
Motion – Paul M., seconded – Fran T. – all agreed Motion Carried

From: A1990.4 – Contingency
To: A1910.4 – Unallocated Insurance $533.60
Motion – Fran T., Seconded – Paul S. – all agreed Motion Carried

From: A5132.4 – Garage contractual
To: A5010.4 – Street Administration $290.50
Motion – Paul M., Seconded – Fran T. – all agreed Motion Carried

From: A1990.4 – Contingency
To: A8510.4 – Community Beautification $19.98
Motion – Fran T., seconded – Lloyd D. – all agreed Motion Carried

From: A1990.4 – Contingency
To: A9050.8 – unemployment insurance $223.34
Motion – Paul M., seconded – Lloyd D. – all agreed Motion Carried

From: D5110.1 – General Repairs -PS
To: D5130.2 – Machinery Equipment $11,297.58
Motion – Paul M., seconded – Lloyd D. – all agreed Motion Carried

From: D5110.4 – General Repairs - Contractual
To:D5130.2 - Equipment $41,339.77
Motion – Fran T., seconded – Paul M. – all agreed Motion Carried

From: D5112.2 – Cap Outlay
To: D5130.2 - Equipment $23,286.53
Motion – Paul M., seconded – Paul S. – all agreed Motion Carried

From: D5130.4 – Machinery - contractual
To: D5130.2 - Equipment $14,667.32
Motion – Fran T., seconded – Lloyd D. – all agreed Motion Carried

From: D5140.4 – Brush & Weeds - contractual
To: D5130.2 - Equipment $1,010.00
Motion – Fran T., seconded – Paul S. – all agreed Motion Carried

From: D5142.4 – Snow Removal
To: D5130.2 – Equipment $398.83
Motion – Lloyd D., seconded – Paul S. – all agreed Motion Carried

From: D9010.8 - Retirement
To: D5130.2 - Equipment $1,789.00
Motion – Paul M., Seconded – Fran T. – all agreed Motion Carried

From: D9030.8 – Social Security
To: D5130.2 - Equipment $873.08
Motion – Paul S., seconded – Lloyd D. – all agreed Motion Carried

From: D9060.8 - Benefits
To: D5130.2 - Equipment $15,876.10
Motion – Fran T., Seconded – Paul S. – all agreed Motion Carried

Town Clerk financial audit:

Town Clerk’s accounts were audited through November, 2009.


Reviewed bills. Motion to pay bills made by Fran T., seconded by Paul M. All agreed. Motion carried.

Gerry indicated that the next audit meeting will be January 20th at 7:00 pm.

Motion to adjourn the meeting made by Fran T., seconded by Lloyd D. All agreed. Meeting adjourned.

Respectfully submitted,

Megan Thistle
Lindley Town Clerk

Town and County Taxes mailed out

Your Town and County taxes were mailed out Monday, December 28th. First day to pay is Wednesday, December 30th. Late penalty fees will begin February 2nd at 1%, March 2nd at 2%. Unpaid taxes will be turned over to the County Treasurer's office in early April.

Postmarked bills dated before penalty deadlines will be accepted.

Office hours January through March are Monday, Tuesday and Wednesday from 9-1, Thursday from 2-6, and Saturday from 9-12.

Audit Meeting, December 16th 2009

The Lindley Town Audit Workshop was held on December 16th, 2009,at the Lindley Town Hall, 637 US 15, PO Box 62 Lindley, New York 14858.
Official Copy held at the Town Clerk’s Office

Gerry Simcoe - Town Supervisor
Paul Mortzheim – Councilman
Fran Tempel – Councilwoman
Lloyd DeMun, II – Councilman
Kathy Biggio – Finance Director

Paul Stermer – Councilman

Meeting called to order at 7:00 pm

Notation was made that the original printout of the vouchers, with Councilman signatures, be provided at Audit Workshops by Finance Director starting in January, 2010.

The audit of the Finance Director’s records were completed through November 2009.

Meeting adjourned - 9:58 pm

Respectfully Submitted,

Megan Thistle
Lindley Town Clerk

Town Hall Meeting December 8th Tentative Minutes

The Regular Lindley Town Board Meeting was held on December 8th,2009 at the Lindley Town Hall, 637 US 15, PO Box 62 Lindley, New York 14858.
Tentative Minutes until Board Approval December 30th 2009

Town Board Members Present:
Gerry Simcoe – Town Supervisor
Lloyd DeMun, II - Councilman
Fran Tempel – Councilwoman

Paul Mortzheim-Councilman
Paul Stermer-Councilman

Agenda and Announcements read by Gerry Simcoe
Attendance list
Delta Engineers, Architects, and Land Surveyors Handouts
Letter by Ben Johnson, Town of Tusten Town Supervisor

Meeting was called to order by Gerry Simcoe at @ 7:00pm.
Pledge to the flag completed.
Minutes read and Motion to accept minutes as read, made by Fran Tempel. Lloyd DeMun, II seconded. Roll, all agreed.
Motion carried.

Gerry wished to thank the Board members, the Town Clerk, Dave Fuller, Dick Johnson, Kitty Pierce, Tracy Wilson, Fran Woodring, Mary Lentzen, Kathy Biggio, Brenda Criss and all those unmentioned for the help they provided during his 8 months as Town Supervisor.

Announcements:Gerry proceeded to read announcements (attached in full at Town Clerk's office).
1. Gerry indicated that he had received a call from Bacalles’s office regarding Fairview Cemetery. Gerry stated at the Board meeting that according to the Association of Cemeteries, a Town is obligated to mow only three times per year. Fairview Cemetery had been mowed more than 3 times in 2009. Gerry also indicated that the Fairview Cemetery funds transfer is almost complete. The Town was still waiting to see what portion of the $20,036.07 was available for use by the Town.(see attached notes at the Town Clerk’s office).
2. Gerry announced that he’d had a complaint from Greg Mesler about the Tyjor Gravel Pit. There is some confusion about who owns the property. This is still being looked into. (see attached notes at the Town Clerk’s office).
3. Gerry indicated that he had received a visit from J.D. Dimassimo of NYS Real Estate Group Region 6 regarding properties NYS can put up for sale. This was in reference to the Gulliver property near the Town Hall property. Gerry said that the Town would appreciate if the State would give the property to the Town. Mr. Dimassimo indicated that the State would still try to sell it and he would advise the town.

New Business:

Gerry opened the meeting to a presentation by Steve Messmer of Delta Engineers, Architects and Land Surveyors. Mr. Messmer provided an overview of the Multi Municipal Task Force (MMTF) in reference to the side effects on infrastructure and how to protect it due to the possibility of the new natural gas exploration. (see handouts attached to minutes in Town Clerk’s office). Mr. Messmer indicated that if the Town of Lindley joined the MMTF, it would pay a lump sum “membership” fee and that the fee is determined by the number of towns that join, spreading the cost across each. Gerry indicated he was not comfortable progressing on this issue until a full Board was present.

Gerry raised the issue of adopting a resolution of support for the I-86/I-99 Corridor Blueprint for economic development in Southeast Steuben County. Fran Tempel made the motion to adopt the resolution. Lloyd seconded the motion. Roll, all in favor.
Motion Carried.

Fran Woodring went over the letter he and Bill Canfield wrote to Gerry regarding a meeting he attended regarding the Area Wide Transportation November 17th. (Complete letter attached to minutes at Town Clerk’s office).
1. Director of District 6 NYS DOT gave the opinion that they cannot eliminate CHIPS money from towns like Lindley given how dependent on the money the towns are.
2. Current work being done on the four lane Rt.15 is expected to be finished in the fall of 2012. The bridges phase is still unfounded.
3. Blasting on the hill behind the Town Hall is expected to start in mid-December.
4. The Welcome Center on the highway is a long way from being considered but planning will begin with NYS regarding business opportunities.
5. Jonathan Engel has promised to get a list of the state properties along Rte. 15 that could be up for sale after construction is complete.

Gerry raised the issue of the Girl Scout troop possibly getting a key to the Town Hall for their meeting on Mondays. Motion to approve made by Fran, seconded by Lloyd. Roll – all denied.
Motion Denied.

Gerry asked about getting a key to Culligan Water. Motion to ask Culligan to use Town Clerk business hours made by Fran. Seconded by Lloyd. Roll – all in favor.
Motion Carried.

Gerry raised the issue of the rent Ramsey Construction pays the Town to keep their trailer on the parking lot. Currently they pay $500.00 a month. Discussion about utilities and raising the rent to a more reasonable rate. Fran made the motion to raise rent to $1000 per month. Lloyd seconded the motion. Roll, all in favor.
Motion Carried.

Gerry began a discussion about Fairview Cemetery and burial costs. He indicated that according to the Fairview Cemetery association in the past, they had determined that a one time $35 burial fee be charged but that this had never been enforced. Gerry said that the Association of Cemeteries said the town could set the fee at anything they chose.

Fran T. asked how many plots were left. Gerry said that Dick J. has been digging the graves but has decided not to anymore. Lloyd said Bill Matteson digs graves. Lloyd gave Gerry Bill’s phone number.

Gerry said he would find out what other towns were charging for the one time burial fee.

Gerry asked for a motion to increase Tax Collector Petty Cash by $100.00 from January through March. Fran made the motion, Lloyd seconded the motion. Roll – all in favor.
Motion Carried.

Fran indicated the cost of the LCD projector would be around $549 with free shipping. Lloyd made the motion to purchase the projector. Fran seconded. Roll – all in favor.
Motion Carried.

Gerry indicate there was money available for youth groups. He had invoices for 23 children in cub scouts and a girl scout troop. Fran made the motion to grant the money. Lloyd seconded the motion. Roll – all agreed.
Motion Carried.


Transfers needed:

To A1010.4, From A1990.4 - $34.70
To A1330.4, from A1990.4 - $3.79
To A1990.4, from A 1910.4 - $3119.96
To D5120.4, from D5130.4 - $4.11

Motion to accept transfers made by Fran. Seconded by Lloyd. Roll – all agreed.
Motion Carried.

Audit meeting will be held on Wednesday the 16th at 7:00.
Year End meeting will be held the 30th at 7:00 pm.

David Ballard asked where the Community Center idea came from regarding Lindley Presho School. Gerry said numerous calls from townspeople to the School District.

Motion to pay the bills made by Fran. Seconded by Lloyd. Roll – all agreed.
Motion Carried.

Meeting adjourned at 10:00 pm.

Respectfully submitted,

Megan Thistle
Lindley Town Clerk

Town Clerk's Office Closed Today

Due to the weather conditions, the Town Clerk's office will be closed today. Office is expected to reopen on Thursday from 2-6.

Did you know?...

The Town of Lindley has limited funds available for youth groups held in Lindley. Please contact your Lindley Town Supervisor for more information at 607-523-8816.

Lindley Town Notary Publics

Megan Thistle, your Lindley Town Clerk, and Tracy Wilson, your Court Clerk-Justice-to-be, are now Notaries Public. Please check the sidebar for their respective office hours for your notary needs.

Future I-99 Blasting Continues

Blasting will continue this week in the hill behind the Town Hall, although specific days are undetermined at this time. Please be prepared. Some minor debris, loud noise, and dust clouds can be expected.

Gas Drilling Information Notebooks

Gas Drilling Information Notebooks are now available to look at in the Town Hall. Copies of the pages of your choosing are available at .25 per side. Thank you, Mary L., for providing these in-depth manuals!

Blasting Begins....

Coldspring Construction begins blasting the hillside today for I-99 around noon. Keep your head down!

November 10th 2010 Budget Public Hearing

The 2010 Budget Public Hearing was held on November 10th, 2009,at the Lindley Town Hall, 637 US 15, PO Box 62 Lindley, New York 14858.
Official Minutes held at the Town Clerk’s office

Town Board Members Present:
Gerald Simcoe – Town Supervisor
Lloyd DeMun, II - Councilman
Paul Mortzheim-Councilman
Paul Stermer-Councilman
Fran Tempel – Councilwoman

Meeting was called to order by Gerry Simcoe @ 7:10pm.
Pledge to the flag completed.
Motion to waive reading of the previous minutes made by Paul M. Seconded by Fran T. All agreed. Motion carried.

Gerry stated that reports had been received from Town Clerk, Supervisor, Code Enforcement Officer, Highway, Historian, and Justice.

Gerry made several announcements:
1. Cold Springs Construction will be blasting in mid November on the cuts behind the Town Hall and the former State Line Camping buildings.
2. The Girl Scout Troop is looking for community service projects. Contact Megan at the Town Hall.
3. Megan has passed her Notary Public exam and is currently waiting for the paperwork to finalize the process.
4. The Town Board has audited the Town Clerk’s records through September, 2009.
5. The Rte. 73 Bridge Ribbon Cutting Ceremony will be Tuesday, November 17th at 1:00pm.

To: A1010.4 Board Contractual $17.65 Motioned by Fran T.
From: A1990.4 Contingency Seconded by Paul S
Roll – all agreed
Motion Carried

To: A1220.4 Supervisor’s $100.00 Motioned by Paul M.
From: A1310.4 Finance Officer’s account Seconded by Lloyd D.
Roll – all agreed
Motion Carried

To: A1410.4 Town Clerk’s Contractual $252.34 Motioned by Fran T.
From: A1330.4 Tax Collector - $228.48 Seconded by Lloyd D.
From: A1990.4 Contingency – 23.83 Roll – All agreed
Motion Carried

To: A8810.4 Cemetery - $106.60 Motioned by Paul M.
From: A1990.4 Contingency Seconded by Fran T.
Roll – all agreed
Motion Carried

To: A5010.4 - $57.54 Motioned by Paul M.
From: A5132.4 Seconded by Paul S.
Motion Carried

7:16 pm – Gerry S. opened the meeting to the 2010 Budget Public Hearing

Paul M. presented the line by line budget with overhead projector. Questions were received throughout.

Dale A. Salisbury asked what the total dollars spent was, so far in 2009, on Justice Department in order to take care of old tickets. Net income from tickets was $17,842.00 so far as compared to $2500.00 in the hole last year.

During the presentation, several issues were discussed. 1. Kathy Biggio, Finance Officer, will be resigning but assisting the new appointee when that person comes on board. 2. Budgeting for the Library in the future will require strong consideration. 3. The Fairview Cemetery ownership was a surprise this year and the Town didn’t have the money to provide for that ownership… the money is in reserve but the Town can’t utilize that money per state law.

At the end of the presentation, Dick Pierce commended Paul M. for doing an excellent job presenting the budget. Dick’s questions: 1. Does the Town Hall have room control for heating. Paul M. indicated that yes this was part of the Power Authority Grant utilized this year to make the utilities more efficient. 2. Dick asked what shape the State was in and do they tell the Town about the constraints. Paul M. indicated that starting in 2011 the Town has been told not to count on having CHIPS money. 3. Dick asked if the Town Board and Assessors work together and if they don’t they need to. Paul M. replied that there is no problem between the Town Board and the Assessors but no they don’t work together. Paul M. indicated that a re-val of town properties at this time would be of no value, with the highway project and gravel pits…. The re-val would be out of date within a year. Dick commented that the cost was prohibitive as well.

Dale S. asked if the Town was charged anything for Rte 73 Bridge. Gerry S. replied that initially the Town was told “a few thousand” and recently the Town was told it was responsible for $24 thousand.

Brad Drake asked what the percentage of lost revenue was. Paul M. indicated that many houses were removed for the highway, and the Wishing Well trailer park was $46 thousand that was lost to the town. The gravel pit contributes nothing as an industry in taxes to the Town. The property it sits on is now assessed at less than what it was when it had houses on it.

Dale S. stated for the record that when he asked for a review of property values he was told “sue us” when it was denied.

Fran Woodring asked if equipment on the gravel pit property increased the value of the property. Gerry Simcoe replied that a permit was needed. Dave Fuller stated that there was no structure. Gerry said a “footprint” was needed. Paul M. indicated that Caton gets revenues from gas wells and discussion on how this worked continued. Fran T. said she would contact someone in Caton and find out about this.

Additional discussion occurred about what other towns were doing and how to keep an eye on the NYS gas well projects. Discussion about how to interact with Hawbaker’s and perhaps get better deals on gravel. Paul M. indicated that while things started rough, there was no current animosity between the Town and Hawbakers.

Dale S. asked if there was grant money available to replace the CHIPS money.

Mary Lentzen indicated that NYS DEC had to do an Environmental Impact Study and was now waiting for public comments, then after that gas well applications could be processed.

Gerry Simcoe asked how many people came to the meeting because they heard the tax increase was going to be 15%. No one responded.

Dale S. asked if with a line item budget could money be transferred. Gerry S. indicated on an emergency basis.

Kim Clark asked about the $800 and the $400 for Seniors and Youth activities, respectively. Gerry S. indicated the Seniors went on an annual bus trip. Kim C. asked how Youth programs apply for the money available to them. Megan Thistle commented that she had asked one girl scout troop to pass the word around that there is money available to them. Discussion continued regarding deadlines, dollar amount guidelines per child, and spreading the word.

Gerry S. asked for a motion to pass the 2010 proposed budget. Fran Tempel made the motion, Lloyd DeMun seconded. Roll – Lloyd D. – yes; Fran T. – yes; Paul S. – yes; Gerry S. – yes; Paul M. – no.
Motion Carried.

Bills at 8:50pm:

Motion to pay bill made by Fran T.
Seconded by Lloyd D.
Roll – all yes
Motion Carried.

Meeting adjourned at 9:11 pm

Respectfully Submitted,

Megan Thistle
Lindley Town Clerk

Governor Paterson wants to remove voter's rights

Please see below the letters to NYS Assemblymen and NY State Senate Local Government Committee Members regarding the proposed removal of the election process for Town Clerks and Highway Superintendents. Don't let Governor Paterson remove YOUR right to vote for your town officials! Write to him today: Governor David A. Paterson, State Capitol, Albany NY 12224

Town Clerk Letter:
The office of Town Clerk is the hub of local government and provides necessary and transparent services to the residents of our districts. As Town Clerk of the Town of Lindley, I strongly oppose, Part NN, Sections 26 through 28, of S.56/A.156 (Public Protection and General Government Article VII Budget bill) and ask that these sections be stricken from the bill.

Town Clerks are fundamental to the operation of local government and perform indispensable duties including the management, storage and organization of all town records, including fiscal records; taking accurate and reliable minutes of the Town Board; collection of licensing fees and taxes; issuance and recordation of all marriage and death certificates; and significant tasks central to state and local elections. If the Town Clerk is not independently elected by the voters, he or she is then subject to the will and oversight of the Town Board. This would not provide the necessary checks and balances set forth in law.

As currently proposed, Sections 26 through 28 will permit a Town Board to convert the office of Town Clerk from an elected to appointed position, subject to a permissive referendum. The proposed language will have a devastating impact on local governments and result in the direct disenfranchisement of the voters of New York State.

First, the proposed language directly conflicts and overrides Municipal Home Rule Law §10 which already provides a mechanism for a town to adopt a local law changing the office of Town Clerk from an elected to appointed position. Key to this legal requirement, is that the Municipal Home Rule law mandates that the proposed local law be subject to a public hearing before adoption. This gives the voters a chance to be heard by the Town Board and the public in general.

S.56/A.156 would substitute this fair and important opportunity to voice opinions and comments for the onerous, costly and inefficient requirements of a permissive referendum. The permissive referendum process places an unreasonable burden on the electorate and potentially gives the Town Board the ability to convert the office of Town Clerk from an elected to appointed one without any public comment. This course of action by a Town Board would remove the right of the residents to directly choose their elected officials – a right which New Yorkers have overwhelmingly declared to be of the highest priority (please see the recent Siena Poll conducted January 27-29, 2009.

Additionally, Sections 26 through 28 of S.56/A.156 will create ZERO fiscal savings for the State. The Town Board sets the salary of either an elected or appointed clerk, and a permissive referendum increases the administrative costs to the town, including the potential costs of holding a special election or vote. This bill will actually increase the expenses incurred by local governments.

For the reasons stated above, I strongly oppose any language which transforms the elected office of Town Clerk from one directly accountable to the voters, to an appointed position reporting only to the Town Board. Sections 26 through 28, Part NN, of the proposed Public Protection and General Government Article VII bill should be removed.

I look forward to speaking with you and discussing these matters in greater detail.

Town Highway Superintendent Letter:

New York’s 900 Elected Town Highway Superintendents Call on the Legislature to Protect Local Voters’ Rights:

The New York State Association of Town Superintendents of Highways, Inc. (NYSAOTSOH) is the State’s largest transportation association representing Highway Superintendents in 932 towns, most of whom are elected officials responsible for maintaining local highways. This massive system consists of 60,000 centerline miles and over 4,000 highway bridges. NYSAOTSOH members maintain over 65% of the roads in New York.

In the best interest of our local roads and highways, we oppose the language in Part NN Sections 26 through 28 of the Executive Budget S.56-a/A.156-a that would allow for a change in Town Law to allow a town board to convert the position town highway superintendent from elected to appointed, subject to permissive referendum.

The Governor’s proposed budget contains recommendations from the Commission on Local Government Efficiency and Competitiveness which would give towns the ability to utilize permissive referendums to change their town highway superintendents elected offices to appointed positions. A permissive referendum is a vote by the town board which passes unless opposed by a petition submitted to the town clerk or a resolution adopted by the town board within 30 days. If opposed, then the referendum goes to a special election. Under current law, a town board can convert these positions from appointed to elected, subject to permissive referendum, but a mandatory referendum to the voters is required to convert from elected to appointed. It also amends the town law to allow a town board to consolidate the positions of public works commissioner and town highway superintendent, subject to permissive referendum.

According to the State Comptroller the single largest expense in New York State’s towns is maintaining their local roads. By having an elected highway superintendent, the voters decide directly the person who will administer the largest share of their tax dollars.

Please vote against this proposition that takes the voter’s rights away from them!

February 10th Town Board Meeting

Town of Lindley Town Board Meeting was held on February 10th, 2009 at the Lindley Town Hall, 637 Us 15, Lindley, NY 14858

Town Board Members Present:
Sally Orr, Town Supervisor
Paul Stermer, Councilman
Gerry Simcoe, Councilman
Attached attendance list

Meeting called to order by Sally Orr, Town Supervisor at 7:00pm
Pledge to the US Flag completed.


The January 13th Organizational Meeting minutes and January 19th Public Hearing Meeting minutes were read by Megan Thistle, Town Clerk. Motion to accept minutes with minor changes made by Gerry Simcoe, Paul Stermer seconded the motion. Roll – all agreed, motion carried.


Sally Orr, Supervisor, noted that monthly reports from Town Clerk, Historian, Highway Superintendent, and Court were received. These reports are filed in the Town Clerks office and available for inspection by the public during the Town Clerk’s regular business hours.

Sally indicated there was a personnel issue to do with the Court Clerk and requested a motion be made for the Board to move into an Executive Session. Paul Mortzheim made the motion, Paul Stermer seconded the motion. All agreed, motion carried. The Town Board left the Board Room to hold an executive session at 7:15 pm.

At 7:45, Town Board members returned. Gerry Simcoe made the motion to open the regular Board meeting. Paul Stermer seconded, roll – all agreed, motion carried.

Sally requested a motion to hire Kim Clark for 2 days per week for 6 – 8 hours maximum per week, at $7.15 per hour until the end of March 2009 due to the heavy flow of traffic tickets. Paul M made the motion, Gerry S seconded the motion. Sally indicated to the audience that the Justice Department took in over $26 thousand in tickets in January 2009. There has been an overload of tickets from the work zone as well as currently, and the Interim Court Clerk, Tracy Wilson, has requested that Kim Clark be appointed to manage the traffic tickets so she (Tracy) can address the criminal cases. Paul M requested that Kim Clark report to the Town Board. Sally O. agreed and indicated that Kim would be supervised by Tracy Wilson, the Court Clerk. Roll was taken on the motion to hire Kim Clark as interim assistant clerk to the town – all agreed, motion carried.

Sally O. brought up the minor zoning law revisions made by the Planning Board following the Public Hearing on January 19th 2009. Mary typed up the public hearing comments and it appeared that the majority of concerns had to do with noise ordinance. Sally read the section of the recommendations from the public hearing regarding noise:

The NYS DEC “Assessing and Mitigating Noise Impacts” report was used as a guideline on noise regulations. Using ambient noise levels as the baseline makes the application of the law site specific versus a hard and fast upper limit. Measuring noise levels takes specialized equipment and training. It is not recommended that a Town official become certified in this skill. It will be a rare situation when measurements are called for, so a professional resource should be hired when required at the landowner’s expense.

The recommendation is made to replace Section 3.3.2 b) Noise levels may not be greater than 55 dba measured at the lot lines nearest receptors. Noise from any phase of operations shall not interfere with the quiet enjoyment of neighboring properties.

3.3.2 b) Operations and activities may not exceed ambient noise by more than 6 dB(A) at non-industrial use receptors, or more than 10 dB(A) at industrial use receptors.
i.Measurements shall be consistent with applicable ANSI standards and performed by a certified technician.
ii. Report shall include measurement procedures, identification of sound level instrumentation and calibration, descriptions of measurement locations, sound level measurements and field observations, and weather conditions.
iii. Measurements should include all periods of operations during representative daytime and/or nighttime periods for a duration adequate to quantify the loudest modes of routine operation.
iv. Expenses are the responsibility of the property owner liable for the increase in noise levels.
v. Once routine operation begins, the Planning Board may require demonstration that a proposed development meets the predicted sound levels and conforms to applicable limits.”

Paul M. requested a definition of the word “Receptors” and a lengthy discussion followed regarding what determines loud, agitating, ongoing noise. Mary indicated receptors refers to a residence, a school, and so forth. Dick Johnson asked if noise levels were covered under the DEC guidelines. Additional discussion centered around inserting exclusions such as warning devices that might exceed the noise level guidelines. George Fleischmann asked if time frames could be put into place regarding hours of operations. A comment was made that Towns can specify a separate Noise Ordinance. Gerry Simcoe stated that there should be something in place that people can resort to if needed. Mary Lentzen indicated that the town of Erwin has a separate Noise Ordinance and most towns have “off hours”. Dave Fuller stated that there is no way, as a town, to measure noise, no tool, and so it may be hard to enforce. Ideas such as noise berms, trees and shrubs, and simply getting used to the noise were brought up. Paul requested the definition of Receptors be put in the appendix with other definitions.

Paul addressed an item on the 2nd page, number 4 (see attachment). He indicated that it needed to be noted that on occasion the guidelines were going to be violated and what was acceptable for the good of the community. Fran Temple indicated that each case would be evaluated individually. Mary L. stated that the guideline is there so Dave F. , Code Enforcement Officer, has something to back him up. She added that it is the homeowner’s responsibility to then prove it. Sally brought up the issue that what seemed to be the problem was that the recommended noise limitations were too low. It would be a failure on the town’s part for a small business, for example, to come in and then be unable to operate because they’d be in violation of the noise.

Discussion again centered around the decibels limit and Paul M stated that he liked the 55 dB and or 6 and 10 dB over Ambient, under the discretion of the Planning Board. Sally indicated she needed additional time to research having a separate, stand alone Town Noise Ordinance.

Jack Smith suggested a consideration be made regarding Industrial Use and normal conditions for that industry. This would exempt farmers.

Sally asked if the Town Board was ready to make a vote on the minor revisions to the zoning law, but indicated she would prefer to table the discussion to research a stand alone noise ordinance. Paul Stermer asked if another public hearing would be needed. Mary L. indicated if major changes were made, a public hearing would be necessary.

Paul S. made a motion to table the discussion, Paul M. seconded, Roll – Gerry S. – no, Paul M. – yes, Paul S. – yes, Sally O. – yes. Motion carried.

Sally asked if there were other areas on the revisions that needed attention. Paul M. suggested returning the language to “Negative Environmental Impact” rather than the “Successful Completion Process.” Paul M. also indicated that the writing for the “Major Excavation Land Reclamation” was not well written. Mary L. stated that all the Planning Board can do is enforce DEC decisions.

Paul Stermer addressed his concerns about item 3.3.1 “ground or water contamination” and said that this would put farmers out of business. Discussion ensued about laws that have been in effect “forever” and all it takes is someone to push it. Paul M. said that “agricultural” could be excluded. Sally asked Mike Fogel, attorney for Hawbaker, if someone could challenge the law. He indicated that taken literally, yes it could be. Mary L. indicated the Board needed to decide if they wanted to scratch the revision, revise it, or leave it. Paul M. wanted to amend it to say “activities prohibited in commercial/industrial sites.” Sally asked the Board if it should be in, out or amended. Gerry S. said in and amended, Paul M. said in/amended. Sally said out. Paul Stermer said in/amended.

Paul Mortzheim suggested the chart be a reference chart and added that a statement should be included: “these are issues the Planning Board considers and will likely have to mitigate in the best interests of the Town.” Paul M. requested removal of “ensuring no adverse effects” to the real estate section.

The audience was asked if they had anything to share with the town. Fran Temple asked if the Board was asking the Planning Board to do anything at this time. Sally indicated they were wanting to research the idea of a separate noise ordinance.

Fran Woodring asked about the tickets and whether more and more were being written in the town, or if it was a backlog. Sally indicated there was a backlog.

Jack Smith raised the issue of junk in people’s yards. Sally described the amnesty notice across town the first year this was addressed. 200 vehicles were removed by this process. Jack asked if any tickets or follow up had been done since. Sally indicated that at one point she had ordered Dave not to write tickets because of the backlog the Justice had.. Dave indicated that he was still talking to people and asking them to remove their junk. Dave said that to follow the process, Jack needed to file a complaint that Dave could follow up on, and get back to Jack. Gerry S. suggested it was time to have Dave start issuing tickets. Sally agreed and told Dave he could start doing that.

Dick Johnson raised the issue of Howie McFall resigning and going to work for the Town of Erwin soon. He has been receiving resumes to replace him but has not been impressed with their level of experience.

Kitty Pierce invited everyone to the Historical Society meeting on February 26th.

Paul M. noted that during the December 2008 meeting Tracy W. requested phone lines be modified to accommodate the needs of the court and confidentiality. Paul M. also indicated that work will begin on the Power Authority Grant project, and a young man needing community service would be starting with the attic.

Sally indicated the waiver for historical building status was received. Paul M. stated that there are plans to enclose the front of the building to cut energy costs. Board members agreed this was a good idea.

Gerry S. raised the issue of Town’s cost for the bridge work being done locally. Board members were unsure the amounts, and some of the work cost depended on whether or not the county took over Morgan Creek Rd.

Bills were reviewed at 9:40 pm. Approved by all.

Motion to pay bills was made by Sally, 2nd by Paul S. Roll – all agreed, motion carried.

Motion to adjourn meeting made by Sally, Gerry S. 2nd, Roll – all agreed, motion carried, meeting adjourned.

Respectfully submitted,

Megan Thistle

Public Hearing on January 19 - Zoning Law Revisions

Attachments to minutes can be obtained at the Town Hall Clerk's office.

Mary Lentzen provided copies of the revised zoning law regarding mining and excavation in Lindley. Mary indicated that the revisions were required following the legal decision in favor of Hawbaker because the law had determined that Lindley’s zoning laws were beyond the authority of the Town.

Mary went through the sections that had been modified, added or deleted. (See handout attached). Mary indicated that the vote to approve or disapprove of the revisions could not be made until the Planning Board had received a response from Steuben County regarding the changes. Another meeting would be scheduled for the vote, once Steuben County contacted Mary.

Sally opened the meeting to the audience. Tommy Kirk raised the issue of the noise level specified in the revisions. Sally agreed to check into appropriate noise levels.

Attorneys Adam Shultz, Mike Folger representing Hawbaker, raised a number of points in light of some developments since the mining moratorium began in September 2008: The Route 99 Corridor Project and its impact on Lindley; the development of the Marsalis Shale project; and the gas and drilling in the town of Lindley. Attorney Shultz indicated that the transcript from tonight’s meeting would be made available to the Town. Attorney Shultz indicated that in light of these developments, (and the impact of heavy trucking, water use, chemical use), he recommended the Town step back and identify sections of the Town to be used as Industrial sites where the aforementioned activities could set up base, and in that way control the impact on the town these projects would have. (See copy of transcript attached).

Ted Walker asked what impact approval or disapproval of a permit by DEC would have on the Planning Board’s decisions. Mary indicated that the Town would comment but not issue a permit if DEC doesn’t pass it. Sally stated it was the Town’s goal to work more closely with DEC.

Tim Shadduck asked what control the Town might have regarding the 8 or 9 gas wells being developed in Lindley. Attorney Shultz indicated the Town couldn’t control where the wells were located, but instead reiterated his suggestion to consider where their base of operations, infrastructure, yards, etc. would be limited to.

Sally indicated that it is the Town Board’s plan to review the Comprehensive Plan.

Meeting adjourned at 8:51, indicating that if there were major revisions to the current revision, there would be another public hearing.

Respectfully Submitted,

Megan Thistle, Town Clerk

Town Of Lindley Organizational Meeting January 13th

Annual Appointments approved:

1. Attorney - Kent Woloson
2.Official Newspapers - Corning Leader
3. Designate Bank - Chase/Community
4. Custodian - Cindy Stermer
5. Pay bills by certifications
6. Meeting Night - 2nd Tuesday of the month
7. Deputy Highway Supertindendent - Herb Eldridge
8. Deputy Supervisor - Gerry Simcoe
9. Registrar - Megan Thistle
10. Deputy Clerk,Tax Collector,& Registrar - Pam Clarkson, Kim Clark
11. Buy stamps & pay bills before due date
12. Chairman of Assessors - Guy Hill
13. Voting Machine Custodian - Larry Harris
14. Deputy Voting Machine Custodian - Leland Harris
15. Pay Officers Quarterly except Bookkeeper, Hwy Supt, & DCO, Town Clerk/Tax Collector
17. (1) Appeals Board - Steve Ritter
18. (3) Ethics Board - George Fleischman, Linda Grover, ?
20. Bookkeeper - Kathy Biggio
21. Give Supervisor 30 day extension to file Annual Report
22. To pay mileage 48 CENTS
23. Audit Supervisor, justice, Tclerk books 4th Monday of January
24. Historian - Catherine Pierce
25. Dog Control Officer - David Edmister
26. Code Enforcement Officer - David Fuller
27. Health Officer - Linda Smith, FNP
29. Planning Board Chairperson - Mary Lentzen
30. Southeast Steuben Library Trustee - Linda Swan
32. Interim Court Clerk - Tracy Wilson
33. Deputy Town Historian - Dick Pierce
34. Tech Support - Roger Steadman


1. Sally Orr discussed the action items the board members were planning on addressing in 2009. Sally shared that hers were the following:
  • Establish level of reserves
  • develop policies for officials
  • re-evaluate Comprehensive Plan
  • records management and space utilization

2. Jake raised the issue of looking into the cost for used equipment for Dick Johnson.

3. Sally asked for an update on the Power Authority grant and Gerry Simcoe indicated they were at the point where they needed to have the waiver regarding the town hall as a historical site before continuing. Sally indicated she has been leaving messages for the person responsible for this aspect of the grant.

4. Kitty Pierce indicated there would be a Historical Society Meeting on January 22nd.

5. Fran W. asked about the noise from the log skidder nearby and Dave Fuller indicated he had not found the people yet, in order to ask them about a muffler.


Bills were processed and approved. Meeting adjourned.

Town Board Meeting Agenda-January 13, 2009

Town Board Agenda
January 13, 2009

I. Call to Order
II. Pledge
III. Minutes
IV. Reports

V. Motion to appoint Linda Swan to a two year term on the Board of Trustees for the Southeast Steuben County Library.

VI. Organizational Appointments for 2009

VII. Agenda actions offered by Members of the Town Board for 2009

A. Jake Gross: Work with Dick to see if we can update some town equipment. See if we can get shop painted and new lights inside.
B. Sally Orr: 1.) Establish level of reserves (savings) for General and Highway Funds. 2.) Develop policies for appointed and elected officials. 3.) Re-evaluate the Comprehensive Plan. 4.) Records Management and workspace for officials. 5.) Create space in Boardroom for Justice to hold court.

C. Update on Power Authority Grant

VIII. Audience
IX. Audit Bills

A. Motion to transfer: (See transfer sheet)

X. Adjourn

Public Hearing to review Mining Law revisions

A Public Hearing will be held Monday, January 19th at 7:00pm at the Town Hall to review the proposed changes to the Mining Law.

Town Board End of Year Meeting

The Town Board had their End of Year meeting on December 29th, 2008.
  • NYS DOT is providing an additional truck during winter storms to maintain the Rte 15 connector in front of Green Shingles.
  • NYS DOT has posted 10 ton weight limit signs on both ends of the dogleg of Watson Creek Rd.
  • The Planning Board will provide the research and planning that STC used to do.
  • The NYS Power Authority has arranged for the grant's release of funds. Paul Mortzheim will spearhead the energy grant activities with help from the other council members.
  • Jake Gross indicated he is working on getting a work crew from Camp Monterey to paint the Town Shop. Cost to town would be paint and materials.
  • Mary Lentzen discussed the mining law revision proposal drawn up during the moratorium. A public hearing is scheduled for Monday, January 19th at 7 pm at the Town Hall.
  • Excessively loud logging noise is heard from a neighbor, David Fuller agreed to look into this.
  • Bills were reviewed and motion passed to pay them.
  • Next meeting will be held Tuesday, January 13th, at 7pm at the Town Hall.
  • Meeting adjourned at 8:30