Town Board Meeting 2/10/10

The Regular Lindley Town Board Meeting was held February 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:
Richard Biggio – Town Supervisor
Lloyd DeMun, II - Councilman
Paul Mortzheim – Councilman
Gerry Simcoe – Councilman
Paul Stermer – Councilman

Attached: Agenda
Attendance list

• Meeting was called to order by Richard Biggio at @ 7:03pm.
• Pledge to the flag completed.
• A minute of silence was held in honor of recently deceased Leland Harris, for his lifelong service to the community.
• Reports were received from Supervisor, Code Enforcement Officer, Town Clerk, Justice, and Town Historian.

Announcements: (copies of items can be viewed at the Town Clerk’s office)

1. Richard announced completion of the annual 2010 Boundary Validation.
2. Kathy Biggio presented her findings from the Steuben County Risk Manager’s Conference regarding Worker’s Compensation and the state of the Self-Insurance Plan.
a. Steuben County plan rates have gone up dramatically.
b. 4 alternative sources for Insurance are available and need to be explored.
c. March 31st is the due date for continuing with the Steuben County plan, or utilizing an alternative.
3. NYS Department of Public Service sent a letter to Mr. Widger of Nixon Peabody, LLC regarding a joint petition of Fortuna Energy and Corning Natural Gas – Upon review of this joint petition, the NYS Dept. of Public Service found that the petition was not in compliance and needed to be rectified before being processed.
4. The Town Historian, Kitty Pierce, provided a copy of the letter she sent to the Association of Historians regarding her decision not to renew membership, due to the costly rate.

Public Comments:
Bob Nichols, our County Legislator, discussed his attendance in Albany:
1. Things are financially very bad in Albany but no one will provide numbers. There appears to be an attitude of waiting for the economy to improve before taking action.
2. Programs need to be cut but no one seems willing to address this.
3. The Rte. 15 project continues to be funded, but there is still currently no money allocated for the bridges or pavement.
4. The County is cutting the amount of road salt, however it remains at a safe level.
5. The Co. Rte 115 bridge into Lawrenceville will be shorter. The Federal Cost is 80%, State is 15% and the County is 5%.
6. If Social Services program applications are not processed within a certain time frame, the State has enacted a penalty system which can result in rates higher than the cost of a Social Services staff. Cuts in that staffing area are unlikely as a cost saving measure.

Old Business:
1. Multi Municipal Task Force from Delta – Richard indicated that based on his research of alternatives, this group’s plan appeared to be the best. Board discussed costs, options for purchasing phases together or separately, services offered. Handouts available in the Town Clerk’s office.
a. The town would be in charge of determining the route of drilling trucking.
b. The town would receive notification of a need for a route by the DEC copy of the permit.
Motion to accept the Phase I and Phase II package at $8500 one time fee was made by Paul M. Seconded by Gerry S. Roll – Gerry – yes, Paul M. – yes, Richard Biggio – yes, Paul S. – no, Lloyd D. – no.
Motion Carried
2. The issue of the Town Clerk hours and Sally Stermer's concerns was addressed. The Board indicated that the current hours are sufficient and no further action was needed.

New Business:
1. The Fire Protection Contract was renewed. Copy held in the Town Clerk’s office.
Motion to sign agreement made by Gerry S., seconded by Paul S. Roll – all
yes.
Motion Carried

2. Code Enforcement Fee Schedule addressed and two versions reviewed. Motion to accept Town of Lindley Fee Schedule A made by Gerry S., seconded by Paul M. Roll – all in favor.
Motion Carried
3. Legal Service Request for Proposals presented to the Board. Motion to table this and discuss further at the Audit meeting on February 17th made by Gerry S., seconded by Paul S. Roll – all in favor.
Motion Carried

4. Paul S. raised the issue of doing other business at the Audit meetings and will it be readvertised. Richard confirmed that the meeting will be advertised that Old business and Emergency business may also be addressed at the Audit meetings.
5. Paul S. expressed unhappiness with the way the appointment for the Code Enforcement Officer was handled.
6. Discussion about whether or not Jason Ballard is able to do the Code Enforcement Job without the training. A letter from NY Department of State confirmed that this was so.

Bills:
Motion to pay bills made by Gerry S., seconded by Paul S., roll – all in favor.
Motion Carried

Motion to adjourn meeting made by Gerry S., seconded by Paul S., roll – all in favor.
Motion Carried


Respectfully submitted,



Megan Thistle
Lindley Town Clerk

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