Town Board Meeting January 12th, 2010

The Regular Lindley Town Board Meeting was held on January 12th, 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 @ 7:00pm.
Pledge to the flag completed.
Minutes read and Motion to accept minutes as read made by Gerry S., seconded by Lloyd D. Roll call – all ayes.
Motion carried.

Paul M. expressed gratitude and thanked Fran Tempel for her months of service on the Board. Richard B. stated he hoped to use Fran’s skills in the future.

Richard B. explained there are many transfers at the year end meeting but not as many in the beginning of the year.

Richard announced that reports had been received by the Justice, Finance Officer, Clerk, and Highway Superintendent. Megan left meeting momentarily to get the Justice and Clerk reports for Councilmen. Reports available in the Town Clerk’s office.

Richard discussed the Justice report. He indicated that the clerks in the Court had done a lot of work and received considerable funds from the outstanding tickets. Richard stated that they had 200 – 225 open cases yet out of the original 1500. He explained that the court clerks had initiated contact with individuals and their respective states (46 states) but that now they needed to follow the responses and either close them when paid, or continue to follow up if a person pleads not guilty.

Lloyd asked for clarification about why Mr. Sullivan had been Justice the latter part of 2009 and how often can the Board expect a report from the Justice now. Justice Sullivan was hired after Susan Williamee resigned, until a new Justice was elected in November 2009. Lloyd indicated he would like to keep a closer watch on the Justice reports and suggested monthly or at least quarterly. Discussion resulted in a decision that quarterly reports be supplied by the Justice. Lloyd asked that the Justice be present for questions during the time that she provide her report. Richard B. indicated that as an elected official, she keeps her own time and office duties, and that the Board does not control her activities.

Kim Clark, Court Clerk, asked for clarification about what the Board would like on the reports. Richard B. reiterated that the Justice is an elected official and answerable to the public but that he would like to see how the Justice is doing through the year, in order to know that the budget amount is correct. Richard reminded everyone that elected officials are answerable to the public, not each other.

Richard made the following announcements:
1. Sally Stermer sent a letter of concern about the Town Clerk’s office hours. Richard indicated his response thanked her for her continued interest in the community and that he would gather the necessary information and get back to her.
2. There was a complaint regarding a public official.
3. Association of Towns Notice (attached) regarding Annual Training School. Announcement was read and will be posted in the copy room for people to express interest in attending.

Richard B. opened the meeting up for public comment. Mary Lentzen invited Richard to the Planning Board meeting on the 19th at 7:00. Richard agreed to attend. Richard expressed an interest in a Town Calendar idea and indicated that changes were coming in light of the highway and zoning issues.

Old Business:
1. Richard expressed an interest and support for the MMTF (Multi Modal Task Force) presentation that Mr. Mesmer had provided in December 2009. After discussion about what the Town financial commitment would be, it was decided to gather more information and discuss at a later date.
2. Richard asked if the resolution had been adopted for the I86/I99 Economic Development Blueprint had been done. This was confirmed.
3. Appointments were made. Regarding the Attorney, Richard is preparing a Request for Proposal to seek bids for legal services. Regarding the Bookkeeper, Richard indicated that the Board would be re-advertising the position for specific qualifications. Paul M. said he would provide a format that WorkForce uses for their listings. Regarding the appointment of the Code Enforcement Officer – Board members decided to revisit this appointment and possibly get someone from out of town.

Kathy Biggio, Finance Officer, entered the meeting with the Justice report. Clarification on the numbers presented was sought. Tracy Wilson, Justice, explained that the number Paul M. was questioning was an average across NYS.

8:02 – Richard stated that the Board would now enter an Executive Session to discuss a possible disciplinary action.

8:45 – Board returned from Executive Session with no formals determination to vote on.

Richard opened the meeting to the audience:

Fran Woodring asked if the CEO appointment would include the CEO in the discussion of what’s required of the CEO. Richard affirmed this and indicated that it’s an issue for the Board in terms of how to measure performance.

Paul M. addressed the County tax process and said that how the County adjusts tax increases is a matter of semantics, as Kathy Biggio stated in last month’s meeting and that it is difficult to follow.


Bills reviewed at 8:50. Gerry S. made the motion to pay the bills, Paul S. seconded, roll call – all agreed. Motion Carried.

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

Respectfully submitted,

Megan Thistle
Lindley Town Clerk

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