Town Board Meeting April 14th 2010

The Regular Lindley Town Board Meeting was held April 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
Paul Mortzheim – Councilman
Gerry Simcoe – Councilman

Paul Stermer – Councilman

Attached: Agenda
Attendance list

• Meeting was called to order by Richard Biggio at @ 7:02pm.
• Pledge to the flag completed.
• Reports were received from Supervisor, Code Enforcement Officer, Town Clerk, Justice, and Town Historian.
• Minutes of the last meetings were approved with corrections.

New Business
Tracy Wilson, Town Justice, requested a bailiff and lunch for a Jury trial on Saturday, May 1st. The nature of the crime indicated a need for a bailiff. Lunch, if required, would be a pizza from a local establishment. Lunch is only needed if the jury is released for deliberation. Tracy also requested office space for the Jury if it enters deliberation.

Tracy W. requested a bailiff for court every third Tuesday evening for 2 hours. Richard B. would contact some people.

Discussion about necessity of having the jury trial in Lindley due to the crime being committed in Lindley. Town will also receive any ‘fine’ money that would range between $5-$1000. The cost of the bailiff would be a town expense. Discussion about a bailiff on the third Tuesday of each month, would cost the court approximately $50 a month.

Paul M. indicated that the Justice Contractual should be used to pay for the Bailiff during the Jury trial. Gerry S. indicated that the Court and other departments needed to start tracking expenses and be prepared during budget workshops to show why expenses are needed.

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

1. Corning Incorporated has furniture available to municipalities. Megan and Tracy will visit and see what’s available and take requests.
2. The Southeast Steuben County Library will be giving a presentation at the next Board Meeting on May 12th.
3. The Office of Court Administration and the Office of the State Comptroller will provide a live, interactive webcast on April 29th. Let Richard know if interested.
4. Richard indicated he contacted Owens Heating, as the heat was not coming on at times. Paul M. will call Owens the next day.
5. Mary Lentzen addressed the drainage issue of the Hawbaker Pit. The County did work on it.
6. The Annual River Float put together by the Southern Tier Regional Planning Board was coming up soon. Richard plans to attend and speak with the State about the clear cut and devastation of the hillside, and beautification efforts included in the highways plans. Fran Woodring indicated there is an Area Wide Transportation Meeting on the 28th that he will be attending. Richard is unable to attend as he will be working.

Public Comments:

No public comments

Old Business:

1. One response received for the Legal Services ad. Davidson and O’Mara responded and Board members agreed that their proposal appears to suit the needs of the Town of Lindley. Discussion about chain of command ~ most legal requests are required to go through the Town Supervisor. This was confirmed by Richard, so that there was a clear system for legal services. Richard indicated that as Supervisor, he would then inform the Board of any issues that arose. Paul M. requested that there be no charge for the attorney to come to the Board meeting at the beginning of the year. Richard indicated he would check on this.

Gerry Simcoe made the motion to accept Davidson and O’Mara’s proposal to become the Town legal services. Paul M. seconded. Roll – all present agreed.
Motion Carried

2. The Code Enforcement measures will be reviewed with Councilmember's feedback. Richard will send out the revised measures and Board members should be ready for a decision next week at the Audit/Old Business/Emergency Business Meeting.
3. The Town’s blanket Insurance expires soon. Richard indicated he would ask John Keene to attend during the Audit/Old Business meeting next Wednesday evening.

New Business
1. Discussion about mowing Town cemeteries. Gerry S. indicated that anyone mowing needed to be insured. Frequency of mowing depends on how much rain. The Town is obligated to mow 3x per year. It was suggested that before someone is hired, the prospective mower should look at the cemeteries first to get an idea of the job. Fran T. asked who would take care of limbs and trees. It was suggested that Dick J. could take care of that part.

Kitty P. asked if Tom Loughridge would be taking care of the flags at Fairview. She would contact him and see. Otherwise perhaps Boyscouts and Girlscouts?

2. Richard indicated there was another matter not on the agenda. He read Jason Ballard’s letter of resignation from the Code Enforcement Officer’s position effective September 1st 2010 or when a new CEO comes on board. Current permits discussed regarding County work on the Lawrenceville bridge and the old Stateline Camping buildings. Discussion about what to do about the last house on Rte 15 N just before the Presho exit, regarding whether a permit was given for the garage placed there. No determination made.

Jason was asked why he took the job. Jason replied he wasn’t aware of how involved it would be, initially. Discussion about replacing Jason with someone from out of town. Richard will check with Chuck Coons.

3. Kitty P. indicated it was time to put the green bench outside and how would the Board like this done. Richard thought he could get some paving stones from home. Paul M. thought he might be able to get a donation from Home Depot and would check on this.

4. Gerry S. will call the gas company and see about getting the patch in the front yard fixed from when they worked on the gas leak.

5. Paul M. had a number of issues to address:
a. A resident was unhappy with the town rabies clinic notification and that it included a request for money. Megan T. indicated this was a county decision and is a donation request only.
b. The County is putting fill near the Presho Cemetery and this is protected Wetlands. Paul will send a note to DEC and Vince Spagnoletti.
c. A resident is requesting the Town cede a 30 foot section of old Clendenning Rd to him at the end of Maynard Rd. to build a garage. Richard indicated a quitclaim could be done and did anyone else want it. Gerry S. suggested putting it up for bid. The resident should come up with a proposal, go through the Board first and then the Planning Board for building plans.
d. Hector has a health savings account for 20 employees and managed to save $5000 per person per year without substantial decrease of coverage. They are willing to talk to Lindley Town Board about it.
e. Hector is a comparable town to Lindley and they are able to blacktop their roads for $105 per mile. Our quote from our Town Highway Superintendent in the past has been $225 per mile. Richard B. thought perhaps the sub base was different. Gerry S. said Delta Engineers can explore that. Richard asked if Lindley could get a cross section of Hector’s roads. Paul M. said he would follow up on this.
f. There is an outfit called Federal Surplus Property Assistance Program, where municipalities can purchase graders, rollers and other equipment for minimal costs.
g. Add an item to an agenda for a hauling contract, rather than use Town equipment. Lloyd D. indicated this could be written into the budget differently next year. Paul M. commented that the Town is facing a possible 13% tax increase next year.

6. Richard B. introduced a topic for future discussion: The Highway Superintendent will be retiring in the next few years and will need to be replaced. Need to discuss whether this position will become an appointed or elected position. This will take a couple years and requires a referendum. Lloyd indicated the salary will need to increase to attract anyone.


Bills were reviewed. Gerry S. made the motion to pay the bills. Lloyd D. seconded. All present agreed.
Motion Carried

Gerry S. made the motion to adjourn the meeting. Richard B. seconded. All present agreed.

Motion Carried
Meeting adjourned at 10:00pm

Respectfully Submitted,

Megan Thistle
Lindley Town Clerk

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