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

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.

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 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

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