Planning Board Minutes 6 21 2010

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

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

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.


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

Town Board Meeting June 9th , 2010

The Regular Lindley Town Board Meeting was held June 9th, 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

Paul Mortzheim – Councilman

Performance Guidance Measure for the Town of Lindley Code Enforcement Officer
Notes from the 5/26/10 Steuben County Self-Insurance Update Meeting
The Leader Article from the Lindley 220th Birthday Celebration on June 6th
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, Town Highway Superintendent, and Town Historian.
• Minutes of the last meetings were approved.

Announcements: (copies of items can be viewed at the Town Clerk’s office)
1. The Lindley Town 220th Birthday Celebration on Sunday, June 6th was a success. The Leader wrote a nice article (attached).
2. Kitty has been able to raise $90 so far between donations and raffle to get a second bench for outside.

Public Comments:
1. David Ballard provided handouts from the Steuben County Landowner’s Association regarding Pro-Gas Drilling meetings. Informational meetings will be held July 14th at Corning East High School, July 28th at Jasper High School, and August 4th at Campbell School at 7:00 pm.
2. A resident commented on the state of the Lindsley Cemetery. He expressed understanding that the Town is working on the problem after talking with a councilmember, and listening to the reading of the minutes.
3. Dick Pierce wondered if the Town will hold annual Cemetery Association meetings. Richard Biggio indicated that meetings would be incorporated into the Town Board Meetings.
4. Kitty Pierce thanked Gerry Simcoe and the Gas Company for fixing the lawn.
5. Linda Swan announced that there will be an ice cream social at the Lindley Presho School on Monday June 21st from 6 to 8 pm. There will be bingo, cake walk, and opportunities to meet with neighbors. Please call the school at 523-7252 by June 16th so the school knows how much ice cream to order.

Old Business

1. Megan Thistle read Richard Biggio’s notes from the May 26th meeting regarding the County Self-Insurance plan (attached). Richard suggested that the Town review the County’s current plan because it is a significant cost-savings versus going through a private company ($12 thousand vs. $30 thousand, respectively). Richard commented that they are headed in the right direction with the formulation, and they are now going to offer safety training. The Board agreed to table the decision until the next meeting when all members would be present to vote.
2. The update regarding the Hector road cross-section was unavailable due to Paul Mortzheim’s absence, and will be addressed at a later date.
3. Funding workshops regarding the Southeast Steuben County Library will be held as closed sessions per legal counsel. The Town Board will vote publicly. Meetings will be held following other business at either the Town Board or Audit Meetings.

New Business

1. Dean Hillyard was interviewed for the Code Enforcement Officer position. He was provided with a copy of the Performance Measures. Dean has been certified for one month. He works in construction and is looking to branch out. His stated philosophy is to serve the community and interests, while at the same time upholding the State laws. Richard will contact Dean before Wednesday to discuss further.
2. Richard addressed an issue that came up regarding a property on Welty Hill Rd. He assured Mary Ann Corbett that Lindley is working on a system of informing residents of road work to be done. They discussed options for making sure the ditch along her property wasn’t washed away.
3. Richard addressed Wesley Root’s request to hold meetings at the Town Hall. Gerry Simcoe indicated that private business meetings were not allowed. Richard asked for a motion to allow Wesley to use the Town Hall. No motion was made.
Motion Failed
4. Richard re-addressed the issue of mowing the cemeteries. “A to Z” was going to mow, but Gerry S. has unable to get return calls from them. Lloyd DeMun said he could call his friend Rudy on Felker Hill Rd.
5. Bob Nichols presented a plaque to the Town of Lindley for the award winning Rte 73 bridge.
6. Bob Nichols reported that CHIPS money was most likely going to be available to Lindley this year. He also reported that the bridge on County Rte 115 into Lawrenceville will be done all at once rather than leaving one lane open at a time. No detour will be made. He is expecting a completed bridge and ribbon cutting in October, 2010.

Public Comments

Fran Tempel asked to take the projector home to work out some issues with the remote. Permission granted.


A transfer was requested to cover the Insurance bill. Transfer requested from A 1990.4 Contingency to A1910.4 Unallocated. Gerry Simcoe made the motion, Lloyd DeMun seconded. Roll, all present agreed.
Motion Carried


Bills were reviewed. Gerry Simcoe made the motion to pay the bills. Paul Stermer seconded. All present agreed.
Motion Carried

New Business

Gerry Simcoe addressed an issue brought to him by a man handling drilling pipes. The individual was exploring options for what sounded like a staging area in the Town. Gerry S. had referred him to Jason Ballard. Town Board members recommended this individual be referred to the Planning Board as well.

Gerry Simcoe made the motion to adjourn the meeting. Lloyd DeMun seconded. All present agreed. Meeting adjourned.

Respectfully submitted,

Megan Thistle
Lindley Town Clerk