Audit/Old or Emergency Business Meeting

The Lindley Town Audit Workshop/Old Business/Emergency Business Meeting was held on December 15th, 2010 at the Lindley Town Hall, 637 US 15, PO Box 62 Lindley, New York 14858
Official Copy held at the Town Clerk’s Office

Present:
Richard Biggio – Town Supervisor
Paul Mortzheim – Councilman
Paul Stermer – Councilman

Absent:
Gerry Simcoe – Deputy Town Supervisor
Lloyd DeMunn, II – Councilman

Meeting called to order at 7:09pm
Pledge to Flag completed.

Announcements:
• All reports were received last week at the Regular Board Meeting (Supervisor, Justice, Town Clerk, Highway Superintendent, Historian, Code Enforcement Officer)
• Richard Biggio received a report regarding fires with Heavy Equipment. In town of Veteran recently one was caused by faulty wiring on a truck. Report will be forwarded to Dick Johnson, Highway Superintendent.

Review of new Dog Control Law draft:
Board read through draft of proposed Local Law 1 for January 2011. Reviewed proposed fees, wording, adding “service dogs” to certain exemptions. Richard Biggio suggested ways to inform public should this become the new dog control law. Proposed law will be given to Pam Gee for review. Eventual plan if passed is to advertise, post at Town Hall and on blog, and place notification sticker on outgoing tax envelope that the law is available at the Town Hall.

Review of Emergency Business:
Board reviewed a concern regarding Rudy’s Mowing and miscommunication about number of mowings requested this past year. Decision was made to pay the last bill submitted and prepare a written contract for 2011 that Rudy J. and Board will sign.

Audits/Review monthly Bills:
Bills were reviewed because there were not enough Board members present at Regular Board meeting. Motion made by Paul Mortzheim to pay bills, with exception of number 206, Highway. Seconded by Paul Stermer. Roll – all agreed.

Bookkeeper’s financials were audited for the months of July, August, and September 2010. October records pending until bank statement is received.

Motion to adjourn the meeting made by Paul Stermer, seconded by Paul Mortzheim, roll – all agreed, meeting adjourned.
Respectfully submitted,
Megan Thistle
Lindley Town Clerk

Town Board Meeting December 8, 2010

The Regular Town Board Meeting was held December 8th, 2010 at the Lindley Town Hall, 637 US 15, PO Box 62 Lindley, New York 14858.
Official Minutes held at Town Clerk’s Office

Town Board Members Present:
Richard Biggio – Town Supervisor
Paul Mortzheim – Councilman

Absent:
Gerry Simcoe – Deputy Town Supervisor
Lloyd DeMun, II - Councilman
Paul Stermer – Councilman

Attached: Attendance list

• Meeting was called to order by Richard Biggio @ 7:05pm.
• Pledge to the flag completed.
• Reports were received from Town Clerk, Justice, Historian, Supervisor, and Highway Superintendent.

Agenda was reviewed. General Discussion but no business completed to due lack of quorum.

Meeting adjourned at 7:20 pm

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

Audit/Old Business Meeting November 17th

The Lindley Town Audit Workshop and Old Business Meeting was held on November 17th, 2010 at the Lindley Town Hall, 637 US 15, PO Box 62 Lindley, New York 14858
Official Copy held at the Town Clerk’s Office

Present:
Richard Biggio – Town Supervisor
Gerry Simcoe – Deputy Town Supervisor
Lloyd DeMunn, II – Councilman
Paul Mortzheim – Councilman
Paul Stermer – Councilman

Attachments:
Attendance list

Meeting called to order at 7:05pm
Pledge to Flag completed.

Announcements:
• The Board needs to finish the 2011 budget
• The Board will hold an executive session regarding union negotiations.
• Richard Biggio received a package from Steuben County Industrial Development Agency and this will hopefully bring some revenue to the Town.
• Kathy is working with Unifirst regarding uniforms, the contract, and price changes. Also expects a credit for the money charged for an employee currently off duty. Should also be a credit for charges on uniforms for rentals, and no charge for replacements.
• Steuben County Office of Risk Management contract will be signed today.
• Will need to review the last bill sent by Rudy Jakubick for mowing. The contracted amount has already been paid to him and this current bill has no date on it. Kathy will contact him.
• Paul Mortzheim indicated he has Suit-Kote information and the cost/mi of cold paving.

Budget:
Paul M. commented that the reason he voted against the budget at the last meeting was because there were numerous negative comments from the public regarding the cost of the Court. The second reason was the bulk numbers for the highway fund, without an action plan or accountability.

Discussion about putting a plan in place for the town roads in the future, with acknowledgment that elected officials are solely in charge of their funds. Richard B indicated that a future mailing to residents would be helpful to provide town with information, and include a highway plan. The highway plan would require engineering that would give information and direction. Continued discussion that the Highway Superintendent wouldn’t have to follow the plan.

Paul Stermer indicated that his reasons for voting against the budget included the discrepancy between line items for Personal Services between the Town Clerk and Municipal Court line items. Paul S. stated that including the Court Clerk and the Bailiff on the Personal Services line item was wrong and they should go in the Contractual. Gerry Simcoe commented that either the Town Clerk’s or the Municipal Court’s Personal Services line items were wrong and needed clarification. Paul S. stated that the other reason he voted against the budget was that there was no accounting for use of funds, citing an example of a recent bill for $18,000 for ground stone, with no indication of how much, and no way of telling at this point. Discussion of this example and that once the budget is passed there is no control of how an elected official spends the money.

Re-addressed the issue of dust control and the perception by town residents that the Board took money away. Funding was halved and Highway Superintendent was asked that dust control be done only at residences that needed it. Discussion of entitlement vs. service of the town. Paul M. hoping for some structure this year and in the future to address roads.

Dick Pierce asked why the Board can’t tell elected officials what to do. Board clarified that once the budget is passed, elected officials have the control over how they spend their items. Dale A. Salisbury asked if elected officials can be forced to come to the Board for more money. Discussion about controlling elected officials through line items and that this is a double-edged sword.

Discussion about what was proper procedure in recording Personal Services in Town Clerk and Municipal Court services. Question about which was right, do all personnel go on Personal Services line or only elected official, with other staff listed within Contractual item? Page 17 listing of Elected Officials will reflect only the Justice’s Salary under Municipal Court. Tax Collector item will be removed from Page 17 as that is not an elected position.

Paul M. commented that giving the Justice $6600 is giving a raise. Commented that the he didn’t hear the public wanted that and it should not be above last year’s salary. Dick Pierce commented that he remembers the increase being to help out with the backlog. If he was coming in, and interested in the job and he saw the salary at 11140 he would take that as the salary for the judge. After discussion of hourly rate for 2009 Court Clerk and then 2010 Justice stipend, and review of the notes from 2009 budget process, it was determined that the 2010 salary for the Justice was $6200. After further discussion about the history of the position’s pay rate (jump from $5733 to $6200 in 2010), and the public comments raised during the public hearing on November 10th regarding the Justice’s salary being too high, Gerry Simcoe made the motion that the Justice’s salary will remain at $6200 for 2011. Paul Mortzheim seconded. Roll – all present agreed.
Motion Carried

8:00 pm – Executive Session for Union Negotiations.
8:10 pm – Return to regular session after re-scheduling for December 1st at 7:00 pm

Board discussed the $3640 for Court Clerk and $900 for Bailiff - should they go into Contractual rather than the Personal Services line so it is clear to the public what the Justice makes, and also so the Board can see year to year what the salaries are for each staff for comparison. Kathy Biggio – Finance Director, will call the state to see what needs to be done for the line item A1110.1 Municipal Court line item. Discussion about Town Clerk Personal Services: should the Deputy Town Clerk also show up on the Town Clerk Personal Services line item and which documentation is correct? Discussion about whether the Court Clerk and Bailiff are hourly or salaried, and will that determine location of items. Discussion about being salaried or hourly, and connection with worker’s comp. Richard B. will discuss further with Kathy.

Discussion about concerns with Highway Budget and coming up with a plan. Too late for this year to come up with a plan. Richard B. stated that the problem cannot be solved other than raise the fund reserve, and then designate those funds for capital projects. Then money can then be spent only on capital projects.

CHIPS money is likely to decrease and disappear completely.

Paul M. made a motion that the 2011 Budget pass at a 5.11% tax increase and as amended, with corrections made to Page 17, and if possible adjust line items for the Municipal Court. Lloyd D. seconded.
Roll – Richard Biggio: Yes, Paul Stermer: No, Gerry Simcoe: Yes, Paul Mortzheim: No, Lloyd D.: Yes.
2011 Budget Adopted


Dick Pierce asked about Assessors providing a report regarding real property loss or gain. Richard B. stated that the net loss on the Finance Director’s budget summary was 6% for 2010. Actual total loss for the highway project is a lot more.

Dale A. Salisbury asked if a new Highway Superintendent was expected. Richard B. mentioned that there is an interest within the community to change the position from elected to appointed, and this is a long process. This has been tried a couple times in the past and failed. But will start the process according to the wishes of the public in May 2011.

Richard B. mentioned that the Ammon Titus chair has been refinished and will be brought over to the Town Hall soon. Will need to do something about the concrete base it’s on.

Audits:
Town Clerk’s financials for July, August, September, and October 2010 were completed.

Motion to adjourn the meeting made by Paul Mortzheim, seconded by Gerry Simcoe, roll – all agreed, meeting adjourned.


Respectfully submitted,
Megan Thistle
Lindley Town Clerk

Planning Meeting November 15th

The regular meeting of the Lindley Town Planning Board was called to order by Co-Chairman, Earl Titus at 7:05 pm. Members present included Pat Simcoe, Pat Clark, Fran Woodring and CEO, David Fuller. Three visitors were also present.

Minutes of the October meeting were read. A Motion to accept the Minutes as read was made by Pat Clark; seconded by Pat Simcoe and unanimously passed.

Further discussion on the Comprehensive Plan is postponed until Mary returns at the next meeting. Pat S. suggested Dave's Conditional Use Application Check List be placed on the agenda for the next meeting of the Planning Board.

Visitor comments: Dick Pierce asked if Lindley is covered for windmills? Earl noted it was discussed briefly at a previous meeting but also a study had been done which determined Lindley was not a candidate for windmills. Kitty asked if specifications could change and shouldn't Lindley be one step ahead and be prepared? Pat C. said the Town could see some privately owned windmills. Earl said Town should check further into the windmill possibilities.

Fran W. requested a copy of Dave's check list.

Kitty noted the opening of the Lawrenceville-Lindley bridge is at 1 pm, November 18, Thursday.

A Motion to adjourn was made by Fran Woodring; seconded by Pat S. and passed unanimously at
7:20 pm.

Respectfully submitted,
Janice Oberlander
Recording Clerk

Public Hearing - 2011 Budget

The 2011 Budget Public Hearing was held November 10th, 2010 at the Lindley Town Hall, 637 US 15, PO Box 62
Lindley, New York 14858.
Official Minutes held at Town Clerk’s Office

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

Absent:
Richard Biggio – Town Supervisor

Attached:
Attendance list

• Meeting was called to order by Gerry Simcoe @ 7:05pm.
• Pledge to the flag completed.
• Reports were received from Town Clerk, Justice, Historian, Supervisor, and Highway Superintendent.
• Minutes of the September Board Meeting were accepted as read. The reading of the other meeting minutes were waived.

Announcements:
1. Gerry S. announced that Richard Biggio was away due to illness.
2. Gerry S. announced that a resolution was needed to adopt Sawyer Rd. as part of the Lindley Town roads per a request by the NYS DOT for their inventory. Paul Mortzheim made the motion to include Sawyer Road as previously included. Paul Stermer seconded. Roll – all present agreed.
Motion Carried
3. The bridge on Cty Hwy 115 into Lawrenceville will open with a ribbon cutting ceremony on November 18th.

Budget Review:
Gerry S. indicated that the budget for General Fund is $255,701 with the amount to be raised by taxes being $170,401. Budget for Highway is $551,880 with the amount to be raised by taxes being $434,380. Proceeded to review line by line items.
Jeffery Swan asked why a Bailiff was needed for the court. Gerry S. indicated that one time per month there were criminal cases. On these occasions, sometimes family members/friends arrive that can require the presence of a bailiff to subdue high emotions. Jeffery Swan indicated there are two justices in Cooper and no bailiff. Jeffery asked why a panic button was needed. Paul Mortzheim indicated that a panic button in all the offices supports everyone, and Gerry S. indicated that there was only one court session per month that the bailiff was present, so a panic button would assist on the other court dates.
Dick Pierce stated that the Town did away with a constable and stated that according to Town Law couldn’t the constable serve as the bailiff? Gerry S. indicated this would most likely cost more than the $900 a year for a bailiff.
Jeffery Swan indicated that the constable costs were paid by whoever had him serve the papers.
Kitty Pierce asked if the bailiff lived within the town of Lindley. Gerry S. indicated he would find out.
Jeffery Swan asked why the Justice salary went up by so much? Without the Finance Director present the Board had to estimate it went up about $200-$800. Gerry S. said he could find out how much it went up. Jeffery indicated that Lindley’s budget for the court is the highest, followed by Addison. Jeffrey S. read salaries for surrounding towns compared to Lindley. Gerry S. commented that Lindley has Rte 15 traffic tickets. Kitty P. asked how much was for the Court Clerk and Mary Lentzen asked how much money the Justice was bringing in to the town. Paul M. indicated the Board was having difficulty getting a fully disclosed amount given the confidentiality of the court finances, back money from the previous term, and no track record. Paul M. indicated that as of yet, the court was not working on a steady stream number.
Jeffery Swan asked why a Court Clerk was needed. Gerry S. indicated there was a large backlog from the previous term. Gerry S. indicated that the mailbox is now full of new tickets as well. Jeffery Swan expressed his opinion that it doesn’t seem like the Town is getting it’s money’s worth, and that other towns don’t spend as much.
Gerry S. indicated that it’s possible tickets could increase when the truck scales station up the highway gets put in. That may be in 2015. Paul M. indicated the town is getting more money over the cost of the court. It’s estimated that the town gets approximately 23 - 30% of the cost of the tickets, overall.
Jeffrey Swan stated it was his opinion that the Justice was wanting another raise and this shouldn’t happen. The other towns pay less.
Pam Clarkson Smith commented that the Justice was wanting higher pay because she has to work 24/7 and that the justice knew that coming into the job. Paul S. indicated that all justices are 24/7. Pam S. stated that the Justice knew what the job paid when she took the position. Gerry S. indicated that next time there will be a track record to go by. Kitty Pierce asked about the salary being set for a term or a year? Gerry S. and Paul M. indicated that it would be set for that year but could go down for the next year, but not below the amount it was upon election. Salary when elected was approximately $5600 or 5800. Justice received a raise the first year based on workload and backlog. Kitty P. commented she was with Jeffery Swan and indicated the Justice pay was too high compared to other towns.
Continued on to other line items:
Jeffrey commented that the Finance Director salary was high compared to other towns. Indicated that Supervisor always did it. Board explained that the town of Lindley has had a separate person the last few years and the pay is low.
Pam Clarkson Smith commented on the difference between the raise for the Town Clerk vs. the Justice, who was getting several hundred. No comments. Pam S. asked if the Justice was at the Town Hall one night per week. This was confirmed. Pam S. added that she worked for minimum wage for years and saw it as a community service. Paul M. commented that the Town Clerk won’t take a raise even though the Board tries to give her one. Kitty Pierce added that the Town Clerk works 24/7 too. Board agreed.
Discussion of Legal Services and current fee-for-service system as compared to past.
Dog control discussion is slightly cheaper by contracting with Chemung Co. SPCA. Dog licensing will be done now out of Town Clerk’s office. NYS is dropping their involvement. Previous Dog Control Officer now lives in Campbell and works swing shifts. Chemung Co. SPCA is available to accept 24/7 and will accept sick animals as well.
Dick Pierce asked about Dust Control funding. Gerry S. indicated this would be discussed later in the meeting. Jeffery asked if it was returned to the budget, like it was taken out before. Board as a group commented that this had never been removed.
Regarding the Library funding, Jeffery stated he was glad to see one town stood up. Linda Swan stated that it is a necessary service to the communities, the staff is small, the Supervisor is not the highest paid in the state, and that she has actually saved money since in the position through energy savings and endowments. The Library serves the whole Southeast Steuben County area. Cost per family is about $2-$5.

Regarding the numbers for State Retirement: - Kitty Pierce asked who that is for. Gerry S. stated that this covers Dick Johnson. Paul M. clarified that no one from the past is on it.

Fran Tempel expressed that it is worth stating, regarding concern about the Court, that they are bringing in $22,000, so it’s a wash.

Paul M. indicated that this number was the Board's expectation, since the Justice legally can’t give an expected revenue amount. Paul M. stated, based on the overall state numbers, $22,000 is what the Board has agreed upon for expected revenue.

Regarding Highway expenses – Paul M. stated that road oil is in the Contractual line item and is not broken down between oil, salt, and so forth. Use is at the discretion of the Highway Superintendent. Paul Stermer commented that after the Board determines the amounts in the budget, the Board has no control over how it’s spent. Paul M. clarified that the Board is always trying to save money and in the past observed that oil for dust control was being placed where it was not needed. Therefore the amount needed was cut back. Paul M. indicated that his understanding was that it seemed the community thought the Board took away funding for road oil. This did not happen.

Frank Hall indicated it seemed there was a feud going on between Highway Superintendent and the Board. Board disagreed. Gerry S. stated that the line item that includes dust oil is up to $50,000. Paul M. stated that the Highway Superintendent is elected and the Board cannot control what he does. Paul M. indicated he had heard from community members that the Highway Superintendent has said that if he couldn’t oil everyone’s driveway he wasn’t doing anyone’s. Discussion about dust control, saving money, and the decision being the Highway Superintendent’s.
Dick Pierce commented that Paul M. had come a long way from “it was your decision to live there.”
Dick Pierce asked about whether or not Dick Johnson would run for re-election next year. This was not in writing at this time. Dick Pierce asked what the salary would be for the next person. Gerry S. said a notice would be put in for the position when needed. Dick P. raised the issue about a new person coming in getting paid the same as a veteran worker. Paul M. indicated that the Board would do a comparative analysis of roads and so forth and what the current standard rate is. Dick Pierce commented that it seemed the Board was putting itself in a box by not talking about the roads until May 2011 as regards appointing or electing a new highway superintendent.
Paul reviewed the Boards’ qualifications as relates to road conditions (truckers, businessmen, contractors) and the expressed his opinion that the Board is qualified to help set the salary.
CHIPS discussion regarding expected decrease of funds starting next year. Amount is not known at this time but is expected to decrease.
Jeffrey Swan asked if Dick Johnson knows what he’s budgeted for the year and does he show the Board what’s left? Does the Board get the money back? Paul M. indicated there’s often $38-40,000 left that is returned to the budget.
Jeffrey Swan asked about Town savings. Current reserves expected will be $293,600 for Highway Fund, and $198,500 for General Fund. There is also a restricted “Equipment” fund of $100,000 for highway equipment only. Town is only allowed by law to save a certain amount above tax rate. Gerry S. said there might be some in the Cemetery for Fairview, perhaps $3-4000 but legalities are still being worked out.

Total expected increase of the Town is 5.61%, with some funding from Town savings helping to drop it ($23,000 from savings). The County chargebacks will then be added to that.

Jeffrey Swan commented his observance of tax breaks for businesses coming into other towns. Should the town of Lindley do a similar thing? Gerry S. thought there was some hope with the new access roads for higher-end homes. Jeff S. thought the gas drilling might increase the cost of buying. Discussion about when this might happen in NY. Possibly 6 months to a year.

Megan Thistle, Town Clerk, asked for clarification about where in the line items should salary and contractuals be placed. Examples were her own line items, with her deputy town clerk’s salary, and the justice/court clerk/bailiff line items. For consistency, legality, and the salary page for elected officials, where and what should the line items reflect? Discussion and Board opinion was that salaries be broken down between elected official’s salary and other personnel salaries. These should be on separate lines in order to not be misleading to the community. Paul M. stated that technically the bailiff and court clerk salaries could be cancelled, but not the Justice’s. Megan T. asked if the $11,140 total would still be paid to the Court, even if work load decreased. Paul S. expressed his opinion that the Justice may be placing all personnel on one line item so that the Board could not cancel the bailiff or the court clerk. Paul M. commented that the Justice’s request might be to cover the cell phone expenses she’s experienced and that both that and the other personnel expenses should go on the contractual line. This wouldn’t change the total amount for the court. Gerry S. said the line item issue could be corrected.
Jeff S. expressed confusion that the Town isn’t able to see some of the court books. Board clarified that many tickets were youthful offenders and therefore confidential. Paul M. commented that years ago, the board would see who had a ticket and how much was paid on it. Now it’s a lot different and the Board is still required to do an audit. The Board has determined that any audit the Board does has no validity because there’s nothing to that the Board can see to compare receipts or deposits. Lloyd commented that the Justice is setting up a meeting between the Board members and a NYS auditor to learn how to do Justice audits.
Jeff S. asked if the Town had been approached by the same outfit that appraised Caton. Paul M. indicated that 4 years ago they looked at it. It would have cost $75,000 because of the impact all the highway and Hawbaker changes were having and so the results would have been useless. And if the Town doesn’t keep up to date on it the Town would have had to do it again at the cost to the Town.
Budget motion wording was discussed. Need Kathy to review Line Items for A1110.1 and what should be included in there, and also correct page 17 to reflect accurate Elected Official’s salary.

Paul Mortzheim made the motion to adopt the 2011 budget with those stipulations that do not impact the financials. Seconded by Lloyd DeMun. Roll – Lloyd DeMun – Yes; Paul Mortzheim – No; Paul Stermer – No; Gerry Simcoe – Yes.
Motion Failed


Fran Tempel asked what the next step would be. Gerry S. stated the Board would have to make a decision next meeting, Wednesday the 17th, with the Budget due the 19th. This will be a public meeting but not a public hearing. The Board will need to work out the differences and make a vote.

Bills:
Bills were reviewed and approved with exceptions noted on the certification pages. Paul Stermer made the motion to pay the bills. Seconded by Paul Mortzheim. Roll – all present agreed.

Lloyd D. asked Paul S. and Paul M. why they voted against the budget motion and both expressed their concerns with the Highway budget and accountability. General discussion of Highway expenses ensued.

Motion to adjourn the meeting made by Lloyd D. Seconded by Paul Stermer. Meeting adjourned at 10:00pm

Respectfully submitted,


Megan Thistle
Lindley Town Clerk

2011 Budget Workshop #2

The Second 2011 Budget Workshop was held November 3rd, 2010
at the Lindley Town Hall, 637 US 15, PO Box 62
Lindley, New York 14858.
Official Minutes held at Town Clerk’s Office

Town Board Members Present:
Richard Biggio – Town Supervisor
Lloyd DeMun, II - Councilman
Gerry Simcoe – Councilman
Paul Mortzheim – Councilman

Absent:
Paul Stermer – Councilman

Attached:
Attendance list
Asphalt Concrete Comparisons for Steuben County

• Meeting was called to order by Richard Biggio at @ 7:05pm.
• Pledge to the flag completed.

Budget Review:
Richard Biggio provided a handout of Asphalt Concrete Comparisons for Steuben County to begin discussing the financial requirements of paving Lindley roads. Discussion about maintainance, starting with the proper substrate/base, alternative (Fog Seals, Chips, oil and stone). Discussion about the use of CHIPS funds and how in the next years the $100,000 will be decreased by an unknown amount. Further discussion included use of the free Cornell Local Roads program to provide a matrix of road composition in Lindley.

Ron Mosher raised the issue of the condition of North Branch Clendenning. Commented that much information is available for free, like the count of traffic on the road. In 2004, road use was 604 cars on average, daily.

Discussion about how to start saving money earmarked for possible paving in the future and whether Lindley has the right equipment and training.

Discussion moved to community growth and how the geography, absence of feedback from a recent survey, and Comprehensive Plan outcomes inhibit growth.

Review of the revised draft of the budget continued. Discussion about the Reserves (Emergency Funds) and should these Reserve balances be raised in anticipation of upcoming years’ hardships. New Reserve for General Fund to increase to $190,000 by resolution at next meeting. Highway Fund Reserve could be raised to $275,000.

Unanimous decision of Board Members present to take $8500 from General Fund and $17,500 from Highway Fund to limit tax increase to approximately 5% for the 2011 budget.

Board entered an Executive Session at 9:05pm. Board returned to Regular Session at 9:30pm.

Gerry Simcoe made the motion to adjourn. Lloyd DeMun seconded. Roll – all agreed. Meeting adjourned.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

Lindley Town Clerk's Office Closed for Veteran's Day

The Town Clerk's Office is Closed on Thursday, November 11th for Veteran's Day.

Public Hearing on Proposed 2011 Budget Wednesday, November 10th at 7:00 pm

TOWN OF LINDLEY
Notice of Public Hearing on the
Preliminary Budget of the Town of Lindley
For the Year 2011


NOTICE IS HEREBY GIVEN that the preliminary budget of the Town of Lindley for the fiscal year beginning January 1, 2011, including general town funds, highway funds, and fire protection district funds, has been completed and filed in the office of the Town Clerk of the Town of Lindley, 637 US 15 PO Box 62, Lindley, NY 14858, where it is available for inspection by any interested person during office hours Monday, Tuesday and Wednesday from 9 am to 1 pm and Thursday from 2 pm to 6 pm.

The Town Board of the Town of Lindley shall hold a public hearing on said preliminary budget on Wednesday, November 10th at 7:00 pm, showing such changes, alterations and revisions as shall have been made therein by the Town Board of Lindley. At such hearing, any person may be heard in favor of or against the preliminary budget as compiled, or for or against any item or items therein contained.

The following are the proposed year salaries of certain Town Officers of the Town of Lindley:

Town Supervisor: $5100
Councilmembers(4): $4800
Highway Superintendent: $37,000
Justice/Clerk/Bailiff: $6600/$3640/$900
Director of Finance: $6750
Town Clerk: $7200
Tax Collector: $1836
Assessor(Chair): $3200
Assessors (2): $4752

First 2011 Budget Workshop

The First 2011 Budget Workshop was held October 27th, 2010 at the Lindley Town Hall, 637 US 15, PO Box 62
Lindley, New York 14858.
Official Minutes held at Town Clerk’s Office

Town Board Members Present:
Richard Biggio – Town Supervisor
Lloyd DeMun, II - Councilman
Gerry Simcoe – Councilman
Paul Mortzheim – Councilman

Absent:
Paul Stermer – Councilman

Attached: Attendance list

• Meeting was called to order by Richard Biggio at @ 7:05pm.
• Pledge to the flag completed.

Announcements:
1. Will do an Executive Session regarding Union Negotiations.
2. Need to address the JCAP grant request, as the deadline is this week

Budget Review:
Kathy Biggio reworked some of the numbers and proceeded to review adjustments with Town Board.

Board agreed to $35600 for the Fire Department.

Discussion about Justice’s requested increase: requesting $11,140 for personal services. Gross revenues for last two months are $14 and $10 thousand. State then takes 75% of that. Paul Mortzheim commented that he does not feel municipal court should be breaking $13 thousand. Tracy commented that the number of tickets are not decreasing. Tracy explained she is using her personal cell phone for calls, which now costs $200/month. She is also buying stamps out of pocket and she has not claimed mileage for the last 2 months. Richard indicated this is what the Contingency Fund is for.

Discussion moved to the report Tracy provides to the Town Board, monthly, and that it has no relevance to her or the Board. The report she gets back from the State and gives to Richard Biggio provides the numbers needed, in part, for an audit. Discussion about what Tracy is required, by the State, to provide for audits. Discussion about how the Board cannot track finances relative to tickets, because tickets are confidential. Richard Biggio commented that the fight regarding insufficient reports is with Albany. Gerry Simcoe commented that the State should come in and do an audit of the Justice’s books because the Board can’t do a proper audit job with the paperwork the State says is sufficient.

Fran Tempel suggested covering confidential info and copying these reports for the Board. Tracy indicated this would be considerable work within the 4 hours a week she works.

Ron Mosher asked if all Judges were working in the dark like this. Further discussion about what the Board should do regarding Justice audits. Richard Biggio stated a resolution will be worded in such a way that the Board does not have any liability, since the Board has no way of knowing what money is really being brought in. Paul Mortzheim indicated he would not participate in Justice audits because there is insufficient material provided in order to complete one. Tracy suggested having the audit educator come in and help teach the Board how to do Justice Audits.

Paul M. expressed appreciation for the time Tracy took to explain the process.

Richard B. commended Tracy and Kim for a tremendous job done in the past year with grants and increasing the professional image of the Board Room. Recommended leaving the requested increase and see where things look in a year. Paul M. reminded the Board that once the salary is increased, it can’t be decreased in a term. Discussion about how to predict future revenues for the Justice department. Breakdown of personal services - $6600 for Justice, $3640 for the Court Clerk, $900 for the Bailiff. Tracy reiterated her cell phone cost, on call status, and compared her salary to the Town Clerk’s salary. Tracy was reminded that she is not responsible for the cost of her phone, her on call status, and clarified that the Town Clerk makes about $7.00 an hour. Richard B. re-stated the work and professional image that Tracy’s efforts lend to the town. Decision was made by the Board unanimously to go ahead with the requested amount. Richard reminded the Board that this doesn’t finalize anything but gives the Board a place to start.

JCAP grant: - $80 for duress buttons for additional offices…. $400 a year for the whole building after the first year. Total amount applied for - $4766. JCAP would cover all duress buttons, a safe, and 2 court seals. Alarm install would be covered by the JCAP grant. Paul M. made the motion to approve the JCAP grant, Lloyd D. seconded. Roll – all present agreed.
Motion Carried.

Enter executive session at 8:20 pm. Return to regular meeting at 9:07 pm.

2011 Budget discussion:
Current numbers on budget indicate a 9.63% tax rate increase, or a 6.84% actual tax increase, if taking no money out of savings. Discussion about how much money might be left after the year end expenses are paid, and how much needs to come out of savings. Shoot for 3-5% increase with a rationale, review the numbers and come together next week and discuss. Next meeting Wednesday, November 3rd, 2010 at 7:00 pm.

Public Comments:
Fran Tempel - can the Town Board Agenda be put on the blog the day before the meeting? Richard will try to do this.

Lloyd D. made the motion to adjourn the meeting. Paul M. seconded. Roll – all present agreed.
Motion Carried.


Respectfully submitted,
Megan Thistle
Lindley Town Clerk

Audit, Old Business, Emergency Business Meeting October 20th 2010

The Lindley Town Audit Workshop and Old Business Meeting was held on
October 20th, 2010 at the Lindley Town Hall, 637 US 15, PO Box 62
Lindley, New York 14858
Official Copy held at the Town Clerk’s Office

Present:
Richard Biggio – Town Supervisor
Gerry Simcoe – Deputy Town Supervisor
Lloyd DeMunn, II – Councilman
Paul Mortzheim – Councilman
Paul Stermer – Councilman

Attachments:
Attendance list

Meeting called to order at 7:02pm
Pledge to Flag completed.

Announcements:
Richard Biggio announced there will be an executive session regarding ongoing Union Negotiations, an update on the JCAP grant, and a 2011 Budget Workshop.

Public Comments:

• Kitty Pierce – the Titus Family has decided Ammon Titus chair should be placed at the Town Hall. Discussion about this. Richard B. will discuss with Linda Swan about how and when to get the chair to the Town Hall.
• Kitty Pierce – stated that the Lindley School PTA would like to donate their remaining money to the Town to be used in memorials.
• Kitty Pierce – suggested the front lawn be designated as a Memorial Park, and develop a fund for that.

The Board entered executive session at 7:11pm.

The Board returned to the regular Audit Meeting at 7:49 pm.

Business:

Tracy Wilson provided an update on the JCAP grant she would like to pursue. Total amount is now $4766. $3366 would cover the initial cost for panic buttons located on the bench and the justice office, with a connection panel large enough for additional buttons if needed in the future. Cost for maintaining and monitoring these buttons would be free for first year, $400 annually after that. Furthermore, these are remote buttons and would not require a phone line, removing the cost for installing a phone line.

$1200 would be needed for a safe that can be placed in the justice office.

$200 would cover the cost of replacing the Court seal. The current seal is large and heavy, and could be used as a weapon. $200 would pay for 2 hand held seals.

Discussion about the ongoing cost for the remote panic button system: The company that would provide the service is Simplex in Big Flats. The call goes through Simplex and then directly to emergency authorities. Concern raised about the $400 annual cost for the system and why using a phone to dial 911 is insufficient. Tracy indicated that in an emergency, a hidden button is much easier to deal with than a phone when trying to de-escalate an individual. Discussion about how cases are different these days than in days past. Tracy called Simplex and learned that the cost does not go up if additional buttons are installed.

Richard Biggio asked for a motion to approve the JCAP request. Lloyd DeMun made the motion. No one seconded. Motion Failed.

Richard Biggio asked for a motion to table this decision. Paul Mortzheim made the motion. Gerry Simcoe seconded. Roll – Lloyd – No, Paul Stermer- Yes, Richard Biggio – Yes, Paul Mortzheim – Yes, Gerry Simcoe – Yes. Motion to table carried.

Budget Workshop:

Board members reviewed each line item in the first draft of the preliminary 2011 Budget.
• Municipal Court request was too high. Discussion included increased number of tickets than in the past, and ¾ of business is now new business. Tracy indicated that her use of a bailiff for safety, use of her personal cell phone for business, and frequent late night/early morning arraignments justified the increased cost.
• Assessors contractual adjusted to reflect a more likely cost for computer.
• Town Clerk request adjusted to $7200.
• Buildings decreased because of expected cost savings with new phone plan.

Kathy Biggio will print off second draft of preliminary report and provide to Board Members for next meeting on the 27th.

Richard Biggio will contact John Keuhn from Sprague Insurance to discuss costs of HSAs for next week.

Motion to adjourn the meeting made by Lloyd DeMun, Seconded by Paul Stermer. Roll –All agreed.
Meeting Adjourned

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

Planning Board Minutes October 18 2010

LINDLEY TOWN PLANNING BOARD
October 18, 2010

The regular meeting of the Lindley Town Planning Board was called to order by Chairperson, Mary Lentzen at 7:00 pm. Members present included Tim Shaddock, Pat Simcoe, Pat Clark, Earl Titus and CEO, David Fuller. Two visitors were also present.

Minutes of the September meeting were read. A Motion to accept the Minutes as read was made by Earl, seconded by Dave and unanimously passed.

Mary noted the upcoming Stormwater Symposium scheduled for November 4, 2010 at the Elmira Riverview Holiday Inn and hosted by ChemungStormwater@stny.rr.com.

Kitty Pierce informed the Board that Sally Orr will be presenting the first part of a collection of youtube Videos on the founding of the US Constitution on October 28 at 7:00 pm. The Public is invited.

Tim gave a demonstration on the many uses of the Power Point Program with the idea the Board's work on Lindley's Comprehensive Plan Update could be presented with this program.

The Board began a discussion on WHAT IS THE BEST WAY TO MANAGE LAND USE TO ACCOMPLISH THE COMPREHENSIVE PLAN, with members submitting their suggestions. Mary will send the list of suggestions to Board members for their study in preparation for the November Board meeting.

Dave submitted a Conditional Use Application Check List.

Kitty stated she has received a copy of the NY State Preservation booklet. Dick Pierce asked if the Town could encourage more home building in Lindley if the current 2 acre lot size minimum could be reduced to 1 acre? Earl stated the 2 acre minimum helps to keep more open space and also allows for sufficient spacing of wells and septic systems. Pat S. noted the 2 acre reasoning should be explained as to why it is a required minimum.

At 8:15 pm a Motion to adjourn was made by Tim, seconded by Earl and passed unanimously.

Respectfully submitted,
Janice Oberlander
Recording Clerk

Town Clerk getting LOCKED UP for GOOD!

Hi all... the Lindley Town Clerk, Megan Thistle, is getting locked up today to benefit the Muscular Dystrophy Association. She needs BAIL! She will be locked up at the Ramada Inn (formerly Holiday Inn) in Painted Post from 2:00 - 3:00 pm and needs your help! Come donate, come visit, or just come to take pictures! See you there!

Regular Town Board Minutes October 13, 2010

The Regular Lindley Town Board Meeting was held October 13th, 2010 at the Lindley Town Hall, 637 US 15, PO Box 62 Lindley, New York 14858.
Official Minutes held at Town Clerk’s Office

Town Board Members Present:
Richard Biggio – Town Supervisor
Lloyd DeMun, II - Councilman
Gerry Simcoe – Councilman
Paul Mortzheim – Councilman
Paul Stermer – Councilman

Attached:
Agenda
Attendance list
Pantry of Angels handouts

• Meeting was called to order by Richard Biggio at @ 7:05pm.
• Pledge to the flag completed.
• Reports were received from Town Clerk, Justice, Historian, Supervisor, and Highway Superintendent.
• Minutes of the September meetings were accepted

Announcements:
1. Will do the Executive Session on the Agenda last, since it is restricted to Board members.
2. Richard Biggio thanked all the people who put together the Old Home Day event and announced that Dick and Kitty Pierce were surprised with the award of Citizens of the Year. Kitty Pierce thanked everyone who helped put the event together.
3. Richard Biggio reported that there is some support to change the Highway Superintendent position from an elected to an appointed position. He indicated the Board is being pressed to place this question on the upcoming ballet but clarified that there is a legal process required. Richard indicated that the role of the petition was to show the Board that there was interest, and now that the Board knows there is, proper procedure will be followed. This is a lengthy process and must be started in May of the desired year. Richard Biggio indicated this discussion was over until May 2011 at which time the Board will again pursue the issue.
4. Delta has completed gathering the road counts and are currently processing the information. Richard Biggio reminded everyone that the purpose of the study is to protect the roads from abnormally heavy use.

Public Comments:
Al Schoonover commented on the Delta project and expressed his concerns in using Delta. Al shared, in part, his opinion that the Town was not getting its value from Delta, his concerns that Dick Johnson didn’t have a copy of the Delta contract, his fear that the Town was setting itself up for a lawsuit, and that no one seems to know where the road counters were placed.

Richard Biggio reiterated the purpose of the Delta project and indicated that Al’s concerns and opinions were noted. Lloyd DeMun commented to Al that neither he nor Paul Stermer voted for the Delta Road Use Agreement project.

Fran Tempel – has the Board heard if additional towns have joined the Delta road project to decrease town shares? Richard indicated that at the time Lindley contracted with Delta, there were 8 towns and so the cost was decreased. There are now over 30.

New Business:
• Regarding the JCAP grant for the Court. Tracy Wilson presented her plans in asking for a portion of the NYS JCAP grant: funding for putting in 2 panic buttons (one on the bench, one in the Justice office); the purchase of a safe for the Justice office; and funding for a telephone system dedicated to the court to accommodate fax, phones, panic buttons, and credit card machine. Tracy was expecting to request $7500 for the cost of these improvements.

Paul Mortzheim asked if there would be ongoing costs to the Town after these items were in place. Tracy indicated a $9.99 monthly fee for the panic buttons was expected.

Richard Biggio posed the question of whether a panic button should be added to the Town Clerk office if they were being installed anyway. Board decided to wait until a firm estimate was provided within the next week.

• Town Seal – The antique Town Seal was replaced with Board approval in May 2010 because paper didn’t hold the impression well anymore. A resolution was necessary to make the new seal use valid.


Resolution to Purchase and Use an Updated Town Seal

Whereas the Town Board agreed and did purchase a new Town Seal in May, 2010 and the Lindley Town Board does validate all use of the new Town Seal from May 1st, 2010 forward. Motioned by: Paul Mortzheim. Seconded by Gerry Simcoe. Roll – all agreed.
Resolution Adopted


Dick Pierce – Provided a note to the Town Board regarding the petition to make the Highway Superintendent position appointed. There is opposition to this petition and Dick could collect signatures if desired.
Richard Biggio - this will be further addressed in May, 2011.

Budget Review:

Kathy Biggio – Finance Director, reviewed the line items of the first draft of the 2011 budget. The Town Board determined additional review will occur at the next meeting on October 20th at 7 pm, and a Budget Workshop will be held on Wednesday, October 27th at 7 pm at the Town Hall.

Paul Mortzheim thanked Dave Fuller for his progress with the garage issue on Rte 15.

Janet Schroeder of Pantry of Angels provided a brief presentation about what they do, how they assist people in need to get food, and a request to the public for potential Board of Director members. Janet provided handouts and will contact the Town Clerk with information that could be included on the Lindley Town Blog.

Town Board entered into an Executive Session at 9:15 pm to discuss Union Negotiation issues.

Lloyd made the motion to end the Executive Session. Paul Stermer seconded. Roll – all agreed. Executive Session ended at 9:51 pm.

Bills:

Gerry Simcoe made the motion to pay the bills. Lloyd DeMun seconded. Roll – all agreed.
Motion Carried

Paul Stermer made the motion to adjourn the meeting. Paul Mortzheim seconded. Roll – all agreed. Meeting adjourned at 10:30 pm.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

Historical Society Program October 28th

The program: " You Tube History -- Part I -The Founding " for the monthly meeting of the Lindley /Presho Historical Society will be presented by Sally Orr. The meeting will be October 28th -7 P.M. at the Lindley Town Hall on U.S. Rt.15
Sally spent many hours developing an audio/visual program -- a time line of events that created the History of the United States and Lindley . The October program is the first in the series that she originally made to be presented at The Lindley Old Home Day in September but was unable to show due to problems with the lighting. Sally was instrumental in the filming and editing of the video -The Settlement-( Col.Lindsley's arrival in Lindley in 1790) and has a talent for making history come alive. The meetings are free and open to the public .Everyone is invited to come and view Sally's latest creation.

Kitty Pierce
Lindley Historian

Budget Workshop October 27th

There will be a Budget Workshop at the Lindley Town Hall, 637 US 15, Lindley NY on Wednesday, October 27th, 2010 at 7:00pm. The public is invited to attend.

Pantry of Angels food pantry

The Pantry of Angels food pantry, located at the Presho United Methodist Church, 1727 Indian Hills Rd., offers free food to residents of the towns of Presho, Lindley, and Caton who need assistance. The food pantry is open each Thursday from 4:30 to 5:30 p.m. Proof of residence must be shown.


If you need food and cannot attend the distribution, please call the church at 607-523-7250 on Thursday between 4 and 5:30 to make arrangements. If there is an emergency food need, please call 607-523-8020,  607-523-8125 or 377-0836.


Donations are always welcome and much appreciated.  Checks may be made out to "Pantry of Angels" and mailed to Pantry of Angels, PO Box 60, Lindley NY  14858.  Monetary donations are needed to make purchases from the Food Bank of the Southern Tier. Donations of non-perishable foods are also accepted and can be delivered to the Presho United Methodist Church on Thursdays between 4:00 and 5:30 p.m. or Sundays between 9:00 and 11:00 a.m.

Volunteers are also welcome to serve on the Pantry of Angels Board of Directors or during distributions. The Board supports the Pantry of Angels with public relations activities, fund raising, long range planning and general oversight duties. If you are interested in serving our Lindley community in this way, please contact Janet Schroeder at 607-523-8020.




Budget Workshops starting

The Town of Lindley Town Board will begin 2011 Budget Workshops at the next two Regular Board Meetings, starting October 13th, 2010. These workshops will occur in closed sessions. A Public Hearing will be held at a later date.

Town Clerks office closed due to flu

Town Clerks office will be closed today due to the flu. Please call and leave a message and the clerk will return your call as soon as possible. If you need a more timely response, please call one of your board members, contact info along sidebar. Thanks!

September 8 Board Meeting Minutes

The Regular Lindley Town Board Meeting was held September 8th, 2010 at the Lindley Town Hall, 637 US 15, PO Box 62 Lindley, New York 14858.Official Minutes held at Town Clerk’s Office

Town Board Members Present:
Richard Biggio – Town Supervisor
Lloyd DeMun, II - Councilman
Gerry Simcoe – Councilman
Paul Stermer – Councilman

Absent
Paul Mortzheim - Councilman

Attached:Agenda, Attendance list

• Meeting was called to order by Richard Biggio at @ 7:00pm.
• Pledge to the flag completed.
• Reports were received from Supervisor, Code Enforcement Officer, Town Clerk, Justice, and Town Historian.
• Minutes of the August meetings were accepted as corrected.

Announcements:
1. Delta will be putting in 9 traffic counters around the town to evaluate the roads. This will help engineers and lawyers understand use and matrix of roads to estimate cost for repairing damaged roads.
2. NYMIR is hosting a “safe snow-plowing course”.
3. The Office of the Comptroller has sent a reminder about how important audits are. They list several towns and cities with thousands of dollars lost to theft and poor auditing practices. The Town of Lindley will continue to prepare audits.
4. Introduction of Janice Volk, candidate for the NYS 29th District Congressional Seat. Janice shared her background:
• Lifelong Republican
• Lived in Alleghany County for 15 years.
• Has been a pilot for 17 years.
• Started the first Community Based Out Patient Clinic for Veterans in the area.
• Decided to run after becoming more and more frustrated with the current politicians.
• She is pro-life and believes tax dollars should not be used for abortions.
• Believes fiscal responsibility is necessary.
• Due to challenges to her petition by Tom Reed, she will be a write-in candidate because she does not have the funds to meet his challenge. Of the 118 signatures challenged, only 22 are not valid.
• When you vote, look for the heading of Congress, look straight down that column and find “write-in” and write her name.

Public Comments:
Fran Tempel – Has there been a decision regarding Library funding? Richard Biggio – not yet.
Kitty Pierce – Saturday September 18th is Old Home Day at Presho Church from 11-4. Several participants including Stateline, Fran T., Sally Orr, Brenda Criss have helped put this together.
Al Schoonover – Have obtained signatures on a petition but first want to say that the condition of Griswold Rd. is poor and the Town is losing a $23000 investment. With $100k in CHIPS money for 2010 could we see Griswold Rd saved before frost?

Also, the petition states “We the undersigned citizens of the Town of Lindley are in favor of and request the Lindley Town Board to put the following question on the next general election ballet: Should the office of “Superintendent of Highway” be an appointed position by the Town Council?”. Town Clerk received the 4 pages of signatures and will place them on file.

Al S. – would like a verbal affirmation from the Board members that next January, if Dick J. is interested in the appointment of Highway Superintendent, that they would appoint him. Gerry Simcoe – yes, Lloyd DeMun. – yes, Paul Stermer – yes, Richard Biggio – abstained.

Frank Hall – Why are some roads oiled and some not?
Dick Johnson – Trying to decrease costs to taxpayers. Will try to do main routes now with what we have budgeted.
Richard Biggio – Trying to expand original contract with Delta to include all roads. This would allow Town to figure costs for upgrades/repairs. We encourage residents to come to meetings to understand costs and budget.
Kitty Pierce – If people slowdown, dust would be more controllable.
Dick Pierce – used to use motor oil but illegal now. Dust is a safety issue now. When buses go by you can’t see.
Gerry Simcoe – State won’t change or enforce a decreased speed limit.

Old Business

Executive Session at 8:00 pm to discuss Library Funding, Union Negotiations, and Auditing requirements.
Return to Regular Meeting at 8:20 pm.

Regarding the Library Funding: Gerry Simcoe made the following motion: The Town Board agrees to provide the Library with $1000 per year contingent upon the Town of Lindley’s budget constraints, and furthermore reserves the right to increase or reduce this amount at the Town of Lindley Board’s discretion for the years 2011 through 2015. Lloyd DeMun, seconded, roll – all present agreed.
Motion Carried
Regarding Union Negotiations: Negotiations are ongoing.

New Business
Folding chairs surplus – these chairs are no longer needed. They are public property and could be auctioned off with sealed bids. They will be placed in the shed for the time being. Dick Pierce suggested auctioning off at a future Old Home Day event.
Al Schoonover – trust that you will act on the petition in a timely manner.
Dog Licensing – Responsibilities for all dog licensing is falling to the Town.
 Town Board is required to pass a resolution and local law regarding licensing, dog population control, rabies clinic. Must be in place by January 1, 2011.
 Al Schoonover suggested the town combine with other towns to save on materials and order in bulk.
 Chemung County SPCA is now Lindley’s contracted dog shelter. Dave Edmister is no longer the dog control officer. Richard Biggio stated there has yet to be a response from Scott Mazzo, the Steuben County Animal Cruelty officer regarding an abandoned dog at the Fire Hall.
 Cost for license tags is approximately $70 for 600. Richard Biggio will gather a packet for review to implement new law.
 Kathy Biggio indicated there are 181 dogs licensed in Lindley. Chemung CO. SPCA will do follow-up after initial renewal as part of contract.
 Gerry Simcoe suggested a dog census in the future.

Justice Audit – Last one done was August 26th 2009. A resolution needs to be passed and forwarded to Ann Pfau.
Banking – Kathy Biggio indicated she was planning to switch from Community Bank NA to Chemung Canal due to repetitive issues with Community Bank NA. Gerry Simcoe made the motion to discontinue using Community Bank NA and to move the Finance Officer’s banking to Chemung Canal effective immediately. Paul Stermer seconded. Roll – all present agreed.
Motion Carried
Dale A. Salisbury commented he didn’t understand the need to go into executive session for library vote.

Bills

Bills were reviewed. Gerry S. made the motion to pay the bills, seconded by Lloyd DeMun Roll – all present agreed.
Motion Carried

Motion to adjourn the meeting made by Gerry Simcoe, seconded by Lloyd D. Roll – all present agreed. Meeting adjourned at 9:28 pm.
Motion Carried

Respectfully submitted,
Pam Clarkson Smith
Lindley Deputy Town Clerk

Dog Control Changes

Town of Lindley Dog Control Changes

Effective September 1, 2010 the Chemung County Humane Society & SPCA, Inc. has assumed Dog Control services for the Town of Lindley, NY. Any dog control issues (nuisance dogs, strays, dog bites, etc) should be directed to them.

Contact information –

Chemung County Humane Society & SPCA, Inc.
2435 State Route 352
Elmira, NY 14903
(607) 732-1827 (phone)
607-732-6351 (fax)


At this time, all animal cruelty issues should still be directed to the Steuben County Humane officer- Scott Mazzo phone# 607-776-4682. We are currently reviewing the laws regarding handling of humane and cruelty issues to determine if Chemung County Humane Society can legally handle them as well and will advise further if there is any change.

In addition, there are several changes that will be taking place in 2011 regarding licensing of dogs for all municipalities in New York State. Once we have completed a review of those changes, residents will be notified of how those changes affect our town.

By order of Richard Biggio
Lindley Town Supervisor
September 1, 2010

Town Clerk Office Closed Tuesday August 31st

The Lindley Town Clerk's office will be closed Tuesday, August 31st, but will re-open Wednesday, September 1st.

Audit Meeting Minutes 8/18/2010

The Lindley Town Audit Workshop was held on August 18th, 2010
Official Copy held at the Town Clerk’s Office

Present:
Richard Biggio - Town Supervisor
Gerry Simcoe – Councilman
Lloyd DeMun, II – Councilman
Paul Mortzheim – Councilman

Absent:
Paul Stermer – Councilman

Meeting called to order at 7:15 pm. Pledge to Flag completed.

Announcements

• Road Closing: Between CR 106 and CR 116 (River Rd and Church Crk) on September 1st and Sept 2nd.
• Don Sweezy: Indicated in call with Richard B. that rustification of bridgework was cost prohibitive, but we may be able to expect a sign that indicates Town of Lindley. No word yet on the Box Culvert issue.
• Kuhl Rd Bridge: this is considered a temporary bridge and the state plans to remove it in 2014. Richard B. will talk to Vince Spagnoletti.
• H.S.A: Kyle Kollhoff provided information, which will be placed in Councilman boxes for review.
• Delta and road costs: Delta will meet with Dick Johnson to determine road costs based on Dick’s costs re:materials and equipment. Richard B. will speak with Legal as well. Discussion: Paul M. indicated that the estimates may be on the conservative side and would like an unbiased opinion. Richard B. stated that the costs will need to be market value for the contract.
• Letter from Ann Pfau, Justice Department: Copy of the Town Resolution of the annual audit of Justice Financials has been completed. Richard B. will call for clarification. Gerry S. thought the audits were to be done monthly or quarterly.

Old Business

Board entered an Executive Session at 7:30 pm to discuss Library funding. Board returned to regular meeting at 7:38pm.

Discussion of frequency of Justice Books auditing. Richard B. will contact Legal Counsel to see what is sufficient for Town Board requirements.

Audit

Motion to accept Finance Director’s records for May and June 2010 made by Gerry S. Seconded by Lloyd DeMun Roll – all present agreed.
Motion Carried

Motion to adjourn the meeting made by Paul S, seconded by Lloyd D. Roll – all present agreed.

Meeting Adjourned.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

Addition to Town Clerk Office Hours

Starting August 28th, the Lindley Town Clerk's office will once again be open on Saturdays from 9:00am to 12noon during the months of August and September. This will better accommodate Hunting License Season. Normal Town Clerk Hours will remain, with Saturday Hours during Tax and Hunting Seasons:

Normal Hours:
Mon 9am - 1pm
Tues 9am - 1pm
Wed 9am - 1pm
Thurs 2pm-6pm

Saturdays:
OPEN - January thru March from 9am - 12 (Tax season)
CLOSED - April thru July
OPEN - August thru September from 9am - 12 (Hunting season)
CLOSED - October thru December

Planning Board Meeting Minutes August 16, 2010

Lindley Town Planning Board
August 16, 2010

The regular meeting of the Lindley Town Planning Board was called to order at 7:00 pm by Chairperson, Mary Lentzen. Members present included Earl Titus, Pat Clark, Fran Woodring, and CEO, David Fuller. Three visitors were also present.

Minutes of the July 29, 2010 meeting were read. A Motion to accept the minutes as read was made by Earl, seconded by Fran W. and passed unanimously.

Fran W. asked if the Hawbaker trailer question was ever resolved? Dave said he is working on it.

Steve Ritter of the ZBA presented an application from Peggy Clark, 9603 Tannery Creek Road to place a three-car garage at the back of her nonconforming lot which would be 10 feet from the property line. The Board determined that the 10' setbacks are in compliance because the lot is a grandfathered undersized lot with setback requirements defined in Section 10.0.6 Existing Undersized Lots, #B4. The Board estimated the buildings' total square footage and calculated that adding the proposed building would exceed the 10% maximum density (about 16%). The non-compliance to the density schedule requires a variance. The Board is concerned with the ability of emergency vehicles to reach the new building which would be behind the existing house and garage. Otherwise, the Board is not concerned with the application since it is compatible with the neighboring area.

Catherine Pierce announced that Thursday, Aug. 19, 7:00 pm at the Lindley Town Hall will be an Old Home Days Planning meeting scheduled for Sept. 18, 11:00 – 4:00pm at the Lindley-Presho Methodist Church. Everyone is welcome to attend.

Discussion began on the last sections of the Comprehensive Plan (26-32). Dave is still working on a CUP check list. Kitty asked if the three new access roads, Stermer, Sawyer, and Mersereau, might be a chance for more development within the Town? The current Comprehensive Plan includes a map showing vacant lots under 2 acres. The current Plan states Conditional uses are not allowed for undersized lots so a single wide cannot currently be placed on an undersized lot. Mary asked if the Board should reconsider or enforce? Board suggested this question needs to be discussed. Regarding the section on Visual Assessment,“How far does the Town need to go?” The final section on Wet Lands is defined by other agencies but is reflected in the Lindley Zoning Law.

Mary stated the Board must now act on what was done. Mary's summary of the review up until tonight's portion was distributed to Board members who were asked to read it through for completeness. There are a number of things the Board will do with this information: make recommendations on updating the Comprehensive Plan, have the attorney review questionable sections, determine what changes may be needed to the Zoning Law and evaluate if re-zoning is needed.

A Motion to adjourn was made by Earl, seconded by Fran W. and unanimously passed at 7:45 pm.

Respectfully submitted,
Janice Oberlander
Recording Clerk

Town Board Meeting August 11, 2010

Official Minutes held at Town Clerk’s Office

Town Board Members Present:
Richard Biggio – Town Supervisor
Lloyd DeMun, II - Councilman
Gerry Simcoe – Councilman
Paul Mortzheim - Councilman
Paul Stermer – Councilman

Attached:
Agenda
Attendance list

• Meeting was called to order by Richard Biggio at @ 7:00pm.
• Pledge to the flag completed.
• Reports were received from Supervisor, Code Enforcement Officer, Town Clerk, Justice, and Town Historian.
• Minutes of the July meetings were approved with corrections.

Announcements:
1. There is a building code effectiveness workshop on the 19th at 9:30. Board members are welcome to attend. Dave Fuller and Richard B. will be meeting with the trainer.
2. The Town of Barker sent their resolution to accept the Marcellus Shale drilling and asks that the Town of Lindley do the same. No discussion of this issue will occur tonight.
3. The County is offering a 1st Aid Training on August 24th from 8 am -1 pm in the legal chambers. Cost is $30/person. Richard B will encourage Dick Johnson to send some of his workers.
4. Lindley received a rabies report - The Pleasant Valley Trailer Park in Lindley had a suspect animal but it turned out not to have rabies.
5. NYS Real Property Tax Service has reported that the Lindley tax equalization rate is 3.45% as reported by Brian Moon.
6. Sprague Insurance expects to send a return installment of approximately $900 to the Town in the near future.
7. Fortuna Energy and Corning Natural Gas has announced a joint petition to continue pipeline construction in Caton.

Public Comments:
Fran Woodring – how will the Board’s decision to not support the Library affect Lindley residents’ use of the library. Richard B. indicated that only the Library’s first offer was rejected. Discussion of when the current contract ends and the fact that the Board has determined to give the Library a donation. Board will enter another executive session when the next library offer comes through.
Dick Pierce – Took a drive along Griswold Road and thought he’d died and gone to heaven, it’s condition was so much better than Steamtown. There was no dust, and while it was patched in places, it was macadam. Asked about funds Dick J. was provided with to control dust and stated that the dust problem has been getting worse each year for the past three years. What happened to the $20 thousand? Was that used on the grader or is it still in the bank? Paul M. responded and said that the original $40 thousand was decreased by half, and was enough if used efficiently and appropriately. The other $20 thousand does not roll over to the next year but gets absorbed into the budget. Richard B. said this will all be reviewed during the budgeting process. Richard B indicated Dick J. thought he could get farther with the $20 thousand by using calcium and water.
Dick Pierce – indicated that most roads are paved about 2½ miles from the corner off River Rd. There is now more traffic and more houses, increasing the dust problem. Lloyd stated that his response from Dick J. in the past was that Dick J “will do what he has the money to do.” Various comments and discussion about rural lifestyle on dirt roads, possibly fighting a losing battle in trying to get roads less dusty, discussion about how calcium dust is worse than road dust. Comments about Johnson Rd, a seasonal road, being in very good condition and questioning why so much work was being done there. Richard B. reiterated that this will be thoroughly discussed and reviewed during budget time.
Al Schoonover – opened discussion about perhaps making the highway superintendent position an appointed position. Discussion about what this would entail (public referendum), and past failed attempts to make this happen. Process of getting this option on the ballot this November – a petition put together by interested community members, signatures, and then presented to the Board so the Board can then determine it should go on the ballot.
Kitty Pierce – asked if this discussion should be happening with Dick J. present.
Dick Pierce – if the Highway Superintendent is appointed, would he be required to be at the Board meetings? What about the Assessors?
Rebecca Cleveland – asked about getting a Children at Play sign on Ryers Creek Rd…. many children among the first 7 houses. Richard B. said he would speak to Dick J. about getting a sign up.
Don Sweezy, NYS DOT – changing a speed limit on a road requires a radar speed study. Gerry S. indicated there is a also a safety issue on County Rte 115 to Lindley Rd where the road drops and creates a blind spot.
Kitty Pierce – There is an event on Saturday at Denison Park from 10 – 6 to honor Veterans. And on August 19th there will be a planning meeting for Old Homes Day at 7pm. We need volunteers. Old Homes Day is on Saturday, September 18th from 10 to 4.
Don Sweezy, NYS DOT – regarding the work being done on the highway. Some design changes discussed regarding bridges that will be put in during 2012. Stermer Road, Stowell Road, and Morgan Creek Rd. Richard B. asked for clarification on types of materials to be used, and beautification of the highway. Don will get back to Richard within the next 7 days.
Gerry Simcoe – what about the Lindley Rd. bridge? Bob Nichols indicated this is a permanent bridge… the County is responsible for the structure, the Town is responsible for the deck and guardrails. Don Sweezy will look into this further and get back to Richard B by next meeting.
Paul Stermer – plans for bridge bids? Don S. indicated bids would be accepted in 2012 or 2013. The Presho connect will be partially opening 2013, completed in 2014.
Bob Nichols – saved $300 thousand in payroll and there is a current debate on whether to keep the attorney at this time. There is a conflict of interest.

Old Business
1. The Dog Control options discussed – rabies clinic can still be done. Refer to July 14th 2010 notes. Town Attorney will now need to contact the FLSPCA. Motion to approve contracting with Chemung County SPCA, timing based on contract termination with FLSPCA, made by Gerry Simcoe. Paul Mortzheim seconded. Roll – all approved. Motion Carried

New Business
1. Delta Engineers has been working on examining a representative sample of the Lindley roads. Dick J. is to review these locations and confer with Delta. Then they will start reviewing road conditions. This is to set a price tag on damages that may occur due to any trucking for gas drilling operations. Roads will be prioritized. Discussion about whether they considered the roads that would most likely be used to access gas wells. Confirmation that Richard B will get a copy of the conversation results between Dick J. and Delta.
2. Union Negotiations – Richard received a letter from the Teamsters Union that the contract ends in December, 2010. Richard will request that Legal Counsel will negotiate with the Teamster’s Union, with Board input. Richard will contact Davidson and O’Mara and have the information for next week.
3. Phone Carrier – Megan T. and Kathy B reviewed three plans – Currently use Verizon. Reviewed plans offered by Vonage and Time Warner. Time Warner offers the best plan and can still used same numbers. Kathy will purchase switch boxes that will allow two lines to serve as both fax and phone. Motion to change phone service provider to Time Warner made by Paul Stermer. Seconded by Lloyd DeMun. Roll – all agreed. Motion Carried
4. Steuben County Self-Insurance Plan – asking Town if the Town would prefer to collect plan money or if the Town would prefer the fee be placed on the Property Tax. Board members agreed it should be a Town duty to collect $$ for the Self-Insurance plan.
5. Municipal Water Well – Richard B. suggested the Board consider putting in a municipal water well. There is money to be made from selling water and would help the Fire Department and so forth. Richard will look into it further if there is interest. Discussion about where it might be located in a way that would minimally impact roads, perhaps on Town Hall property.

Town Board entered an Executive Session at 9:20 to discuss Library funding, and a recent phone call. Town Board returned to regular session at 9:41 pm.

Bills

Bills were reviewed. Gerry S. made the motion to pay the bills with one exception, seconded by Paul S. Roll – all agreed. Motion Carried

Motion to adjourn the meeting made by Paul M., seconded by Lloyd D. Roll – all agreed. Motion Carried

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

Planning Board Meeting July 19th, 2010

LINDLEY TOWN PLANNING BOARD July 19, 2010

The regular meeting of the Lindley Town Planning Board was called to order at 7:00 pm by Chairperson, Mary Lentzen. Members present included Tim Shaddock, Fran Woodring, Pat Simcoe, Earl Titus, Pat Clark and CEO, David Fuller. One visitor was also present.

Minutes of the June 21 Planning Board meeting were read. Fran suggested an addition be made to the last paragraph: “During the discussion of Section 18 Dave mentioned the Planning Board is not allowed to give recommendations because it makes the Town liable.” A Motion to accept the Minutes as revised was accepted by Fran, seconded by Earl and passed unanimously.

Mary stated Mr. Bradshaw has been informed of the Board's need for further information and he stated he will come to talk with the Board at some future date.

Dave contacted Mr. Andrews per the June 21 Planning Board Minutes and has heard nothing further from Mr. Andrews.

Mary noted that David Fuller has returned as the Town's CEO and will also remain on the Planning Board.

Fran noted that Chad Wilson does not appear to be manufacturing pallets any longer at his residence and has cleaned up the area very nicely.

Discussion of the Comprehensive Plan , Sections 19-25, began. Mary stated Kitty Pierce gave her Volume 2 of the 1971 Lindley Comprehensive Plan which was done by an outside firm. Mary noted the Delta Study information on Roads is coming.

The Board will recommend to the Tax assessors that a change be made in the tax liability of single wides, and is considering changing the Zoning Law to just require a building permit, not a CUP.

The August Planning Board meeting will discuss Sections 26-32.

A Motion to adjourn was made by Earl, seconded by Fran and unanimously passed at 7:55 pm.

Respectfully submitted

Janice Oberlander
Recording Clerk

Audit/Old Business Meeting July 21st 2010

The Lindley Town Audit Workshop was held on July 21st, 2010 at the Lindley Town Hall, 637 US 15, PO Box 62 Lindley, New York 14858.
Official Copy held at the Town Clerk’s Office

Present:
Gerry Simcoe – Deputy Town Supervisor
Lloyd DeMun, II – Councilman
Paul Mortzheim – Councilman
Paul Stermer – Councilman

Absent:
Richard Biggio - Town Supervisor

Attachments:
Attendance list

Meeting called to order at 7:04 pm. Pledge to Flag completed.

Old Business

• Dog Control Officer issue raised at the Board Meeting: Kathy discussed Dog Control services from Chemung County SPCA. Lindley can cross county lines by way of the “shared services” program with NYS Agriculture and Markets. Chemung County has four officers and are available 24/7. Chemung County SPCA has the resources, equipment, and shelter, to accept healthy and sick animals. They do behavioral testing to be sure animals are adoptable. The Town currently spends $6940 on a Lindley DCO. Chemung County will charge $526.95/month which covers everything, including mileage. A Rabies clinic officer would cost $25 for the day. They scan the dog for microchip ID. A question about whether the Town could possibly appoint one of the officers as the Lindley DCO and then they could write tickets. Discussion of cost-savings going with Chemung County SPCA. This is not about removing Dave as DCO, but rather that he works fulltime, lives in Campbell, and as a result is often unable to respond immediately. Town may be able to terminate with FLSPCA without fees, and get some money back, as well. Next steps: contact Pam Gee at Davidson and O’Mara for a letter, talk to FLSPCA, talk with Dave and look toward August for possible transfer of DCO services.
• General discussion of upcoming Union contract: what that may entail, with discussion of Health Savings Plans as an option to current Health Insurance. Discussion of how this might impact employee satisfaction; save the Town money; provide money to employee if they don’t use it.
• Library funding discussion: Town Board entered Executive Session at 7:38 pm. Town Board returned to Regular Meeting at 7:55 pm. Paul Mortzheim made the motion to not renew an annual contract with the Southeast Steuben County Public Library but support the library with an annual donation. Gerry Simcoe seconded. Roll – all present agreed.
Motion Carried
• General discussion about various budget issues coming up.

Audit

Motion to accept Town Clerk’s financial records for April, May and June 2010 made by Paul M. Seconded by Gerry S. Roll – all present in agreed.
Motion Carried


Motion to adjourn the meeting made by Paul S, seconded by Gerry S, Roll – all present agreed.

Meeting Adjourned.

Respectfully submitted,

Megan Thistle
Lindley Town Clerk
The Regular Lindley Town Board Meeting was held July 14th, 2010 at the Lindley Town Hall, 637 US 15, PO Box 62 Lindley, New York 14858.
Official Minutes held at Town Clerk’s Office

Town Board Members Present:
Richard Biggio – Town Supervisor
Lloyd DeMun, II - Councilman
Gerry Simcoe – Councilman

Absent
Paul Stermer – Councilman

Attached: Agenda, Attendance list

• Meeting was called to order by Richard Biggio at @ 7:00pm.
• Pledge to the flag completed.
• Reports were received from Supervisor, Code Enforcement Officer, Town Clerk, Justice, Town Highway Superintendent, and Town Historian.
• Minutes of the last meetings were approved.

Announcements:
1. The Steuben County Worker’s Compensation Plan has been reduced again. The new rate is now expected to be $12,300. Richard B indicated that the County continues to move in the right direction regarding their formulation.
2. Per NYS law, a Town Councilman cannot hold a sub-position while also retaining the Town Councilman position. This creates a dilemma and will be addressed later in tonight’s meeting.
3. There was a complaint regarding a barking dog. Dave Edmister was unable to look for the dog that evening but followed up the next morning. In the meantime, a 911 call was made regarding this dog. The Cruelty Officer couldn’t find the animal, and the next morning neither could Dave Edmister. The result is that the dog succumbed to the heat due to no water, and a ticket has been issued to the owners. The court will now deal with the owners. The Dog Control Officer position needs to be examined, as Dave E. has a full time job and also lives in Campbell now.
4. Bending River Estates is challenging their property assessment.

Public Comments:
1. Kitty P. asked if “Congested Area” signs could be posted near Green Shingles Restaurant and near the “rocks” portion of Rte 15. Richard B indicated he would look into this. Paul M. suggested “work area” signs have been more effective because they carry a fine.
2. Kitty announced that someone has placed a hanging flower pot at the overlook at the Rte 73 bridge. Also commented that it appeared a resident was using the parking area as private parking for their vehicles. Richard B indicated that in order to control this, an ordinance would need to be passed, and then somehow enforced.
3. Dick Pierce indicated that the Lindsley Cemetery looked very nice for July 4th.
4. Archie K. commented about the trucks on River Rd. and indicated his understanding that the trucks were supposed to go North only, per contract with Hawbaker. Richard B. stated that after reading the Hawbaker contract, the wording indicates that trucks will travel “mostly north”. Richard B will continue to pursue this issue, especially given that the trucks are overloaded and uncovered.
5. Archie K. complained about tractor trailers using River Rd. to Rte 106 (Church Crk Rd). Richard will talk to V. Spagnoletti and see about getting it posted.
6. Al Schoonover raised a number of questions. What is the contract regarding Delta. Richard helped clarify that Delta was surveying sections of the Lindley roads in preparation for future traffic and damage caused by trucks used in the gas drilling operations. There were no bills yet, as Delta was still working on the survey. Phase one is in process. Al requested copies of results when Phase I and II are completed. Richard commented that he and Steve Messmer of Delta Engineers have been in close contact.
7. Al S. raised the issue of Griswold Rd. and while not criticizing Dick Johnson, believes that the road should have received a seal coat. This never happened and patch work doesn’t last long. Al asked if the CHIPS money could be used to repair the road.
8. Tracy Rumsey indicated that Ryers Crk Rd has the same issues as Griswold. Mark Jacobus indicated that there have been very few road improvements. Discussion about when improvements could be made.
9. Mark Jacobus asked how many miles of roads were in Lindley. Approximately 57 miles are dirt and he questioned how Delta was going to pick 20 miles.
10. Paul M. indicated that regarding road management, the Board could do nothing about expressed concerns. Dick Johnson is an elected official and as with all elected officials, he controls how he manages his budget. In the future there may be stronger ways to word the budget language, stipulating how certain funds are to be used. Tracy R. asked for clarification - that the Highway Superintendent is responsible for the decision to put oil vs. calcium on the roads. Yes. Lloyd D. stated that Dick J. had determined this past year that if he didn’t have enough money to oil all the dirt roads, he wasn’t going to do any. Paul M. confirmed this.
11. Further discussion about Delta Engineers and whether the $8500 was poorly spent money or not.
12. Additional discussion about why the highway department is keeping old machinery/trucks. Clarification by Paul M. that this allows using up of any remaining life left in them, without putting any money into them for repairs.
13. Al S. provided a copy of statistics he had pulled together regarding the expenses on Lindley roads over the past 7 years. His final tally indicated that the Town had spent $3 million dollars over the last 7 years. Board members received a copy and it has been included in the minutes. Richard indicated that the numbers can look staggering. Further discussion about road conditions and Hawbaker interactions regarding traffic flow. Richard B. indicated he would call Vince Spagnoletti about the Hawbaker traffic. He will also address the highway budget management during this year’s budget process, regarding the road conditions and what the public is willing to bear in tax increases.
14. Kitty Pierce indicated that she now has $165 towards a bench and that people are donating in memory of loved ones.
15. There is a bench at LP School in memory of Amman Titus. Owned by the PTA. Linda Swan will pursue possible donation to Town Hall. Bench needs some work.
16. Discussion - Harris Memorial in the form of a tree? Replace the dead tree in front of the Town Hall?

Old Business

1. Paul M. is going to expand the road section comparison to include Tuscarora and Hector, as well as wait for the Delta report to come in, to provide real information. Then will talk to Suit-Kote to get quote for road work.
2. Library funding discussions will be done in executive sessions starting next week, July 21st at the Audit/Old Business/Emergency Business Meeting (Audit Meeting).
3. Regarding the Health Savings Plan discussions – Board will gather a number of different quotes and discuss.

New Business

• Regarding the Code Enforcement Officer position – Richard B has received 20 calls and people are going ahead with business without permits. Town assumes some liability with these things. NYS law dictates the town have a CEO. Richard stressed that a CEO is appointed tonight or he will be compelled to turn it over to the County. Discussion of low salary, Performance Measures now in place, meetings required to attend, and training requirements. Paul M. isn’t interested, at the moment, in taking the CEO job and relinquishing his Councilman position. Discussion about Dave Fuller coming back if interested. He has indicated willingness to return, per Richard B. Not sure if he’d have to come off the Planning Board to do CEO.

Board discussion suspended to allow Dave Fuller and Nancy Fuller to comment – Nancy: the Board Members didn’t want him to be CEO in January but wouldn’t tell him why. Now can they explain why they didn’t want him to do it? The Board is not standing for the community. Richard B. responded and clarified the extent of the job vs. the pay. Richard B. asked Dave if he would be willing to step back in as CEO. Dave requested the Board members share individually why there was no appointment last January, without a word of explanation. Richard B – Different performance issues.
Paul M – Dave was caught between administrations and expectations. Additionally, obvious issues weren’t being addressed, even with offer to help (ie. Tannery Creek issue, and the ‘shack’ on Rte 15). “Needed someone to grab the handles more.”
Gerry S – issue of tickets and whether or not to write them. Never seen or heard of a ticket being written.
Lloyd D – following the recommendation of other Board members since I was new on the job and based on information I had on hand.
Dave indicated his supervision has always come from the Supervisor and expectations have often changed. He expressed his displeasure that no one said a word in January, but then did accept the request that he return to the CEO position.
Kitty Pierce indicated that this seems to be a similar issue with Dick Johnson. No one knows the job unless they’re in it.
Paul M. asked Dave to be aggressive regarding wells, windmills farms, gravel pits.
Richard B. returned the meeting to Business. Richard B. made the motion to appoint Dave Fuller to CEO position. Paul M. seconded. Roll, all present agreed.
Motion Carried.

• Dog Control Officer position – Dave Edmister has explored getting assistance when he’s unable to immediately attend to a complaint. However, he is not allowed to sublet his appointment because he is covered by liability insurance. Another option is to contract with Chemung County SPCA. They operate 24 hours a day and they retrieve the animal. Need to look into the Finger Lakes SPCA contract. There doesn’t appear to be a termination clause but there may not be an ability to get a refund for money not used by early termination. Kathy B. is looking at the cost /savings of going with Chemung if Town can go outside of borders through “shared services” under NYS Agriculture and Markets. Chemung will also accept unhealthy dogs, while FLSPCA will not. This is not about removing Dave, but about whether he can be effective given his residence and full time job. Dick Johnson will store the kennels the Town bought for Dave. By next week, Richard B. will have more information and vote can occur then.

• Letter from LP School – Mike Ginalski, Superintendent. “Dear Mr. Simcoe, I am writing in an effort to gauge the Town of Lindley’s interest in leasing space in the Lindley Presho School building in 2010 and beyond. As you are aware, the District elected to close that school effective July 1st 2010. As a result, we are canvassing potential tenants for reutilization of the building. If your Board has any interest, please feel free to contact me.” Cost is exhorbitant. Board is not interested.

Bills

Bills were reviewed. Paul M. made the motion to pay the bills with exceptions as noted on vouchers. Gerry S. seconded. All present agreed.
Motion Carried

Gerry S. made the motion to adjourn the meeting. Lloyd D. seconded. All present agreed.
Motion Carried

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

Planning Board Minutes 6 21 2010

LINDLEY TOWN PLANNING BOARD
June 21, 2010

The Regular Meeting of the Lindley Town Planning Board was called to order at 7:00 pm by Chairperson, Mary Lentzen. Members present included Pat Simcoe, Tim Shaddock, David Fuller, Pat Clark, and Fran Woodring. Four visitors were also present.

Minutes of the May 17, 2010 meeting were read. A correction of Clendenning Creek Rd. should read Clendenning Rd. (6th paragraph) was noted. A Motion to accept the Minutes as corrected was made by Tim, seconded by Fran and unanimously passed.

Minutes of the May 26, 2010 Public Hearing were read. A Motion to accept the Minutes as read was made by Pat S., seconded by Tim and passed unanimously.

Mary stated she received an inquiry from Jim Bradshaw of National Fuel about the requirements for a CUP to lease about 20 acres along the Railroad track for a staging area for piping for the gas line/drilling projects in our area. Mary noted Industrial use is technically a permitted use if it meets all the requirements. Mary will advise him that the Board needs more information and would like to talk with him.

David received an inquiry from Jim Andrews, 3941 Little Mountain Road, Jonesville, NC 28642 (336-527-0759) who would like to sub-divide his 6 acre property into 3 lots located at 1606 - 1588 River Road. Mary noted the 6-acre parcel is a non-conforming lot with two houses. None of the proposed lots meet the required 250' width and the current layout does not meet Board approval. David will call Mr. Andrews.

Fran informed the Board that Mr. Chad Wilson's assurance to the Board that he would clean up and improve the looks of his lot with the placement of a trailer by Spring to help with his wood pallet business has not happened! Mary noted the Town currently has no CEO and cannot write a ticket. Board needs to follow up.

Pat S. and Pat C. stated the Palamino Acres Horse Ranch on Browntown Rd. is in the Town of Caton.

Tim inquired whether Dick Johnson would be willing to educate the Board on Town Road conditions. Pat S. noted most of the Town Roads are dirt. Jerry Simcoe noted the Town is signed up with a coalition of road inspections to determine weight limits, etc. and will present their report to the Town Board.

Jerry S., referring to the Houston subdivision, stated the Right of Way should not name a person but go with the property. Mary will inform them.

A discussion of the Comprehensive Plan, Sections 14-18 began. The next meeting, July 19, the Board will discuss Sections 19-24.Kitty Pierce announced the next Town Historical Society meeting will by Thursday, June 24 at 7:00 pm. A Motion to adjourn was made by Fran, seconded by Tim and passed unanimously.

Respectfully submitted,


Janice Oberlander
Recording Clerk

Audit Meeting 6/16/2010

The Lindley Town Audit Workshop was held on June 16th, 2010 at the Lindley Town Hall, 637 US 15, PO Box 62 Lindley, New York 14858.
Official Copy held at the Town Clerk’s Office

Present:
Richard Biggio - Town Supervisor
Lloyd DeMun, II – Councilman
Gerry Simcoe – Councilman
Paul Mortzheim – Councilman
Paul Stermer – Councilman

Attachments:
Attendance list

Meeting called to order at 7:04 pm. Pledge to Flag completed.

Old Business

• Richard B asked Paul M if there was a result on the Hector Road cross-section. Paul M indicated he would have this at a later date.
• Richard B announced that workshops for whether or not to fund the Library would be done in Executive Sessions, perhaps at the next monthly audit meeting.
• Paul M asked about the Health Savings Plan and Richard indicated that this would also be something to explore.
• Richard B announced that Dean Hillyard said he would be unable to consider the CEO position for the salary stated.

Emergency Business:

Richard read Jason Ballard’s second resignation letter indicating he was resigning effective June 16th 2010. Discussion about how long the Town could legally go without a CEO, the several large issues coming along, and the issues of possible misuse of previously issued permits.

Paul M. indicated an interest in doing the CEO job after the close of union negotiations and then do only the CEO job starting January 2011. Discussion about whether he could do this and the Councilman position concurrently, salary, and training. Discussion of what to do for the next 6 months in the meantime. Richard B will contact Association of Towns to see if Paul M can legally hold both positions.

Old Business

Richard indicated that the Steuben County Worker’s Comp share for Lindley would now be $12,900 for 2011, worse case. If Lindley went with a private insurer, the cost would be $30,000. He recommended the Board reconsider their plan to remove themselves from the County plan. Lloyd D. made the motion to send a letter reversing the Board’s decision to leave the County plan and instead indicate the intent to remain with the Steuben County Worker’s Comp plan. Gerry S. seconded. Roll – all in favor.
Motion Carried

Lloyd D. indicated that Rudy’s Mowing would mow Lindsley and Fairview cemeteries this year and next. The rate would be $150 for Lindsley each time, and $250 for Fairview each time. Rudy would mow 6 more times each this year, and then 10 times each next year, approximately 2 times per month each. His rates would remain the same next year and he has agreed to mow just before Memorial Day, the Fourth of July, and Labor Day. Lloyd D. will call and make sure the Town gets Rudy’s insurance certificate and Federal ID information. He will also make sure Rudy understands that he will get paid the month following receipt of his bill. Paul S. made the motion to accept Rudy’s Mowing for Lindsley and Fairview. Paul M. seconded. Roll – All in favor.
Motion Carried

Public Comments

Lanny Plumley asked when the next dog census would be done. Discussion about who does this and when.

Audit

Motion to accept Supervisor’s records for April and May 2010 made by Paul M. Seconded by Gerry S. Roll – all in favor.
Motion Carried


Motion to adjourn the meeting made by Paul S, seconded by Gerry S, Roll – all in favor.
Meeting Adjourned.


Respectfully submitted,



Megan Thistle
Lindley Town Clerk