Town Clerk Office Closed Tuesday August 31st

The Lindley Town Clerk's office will be closed Tuesday, August 31st, but will re-open Wednesday, September 1st.

Audit Meeting Minutes 8/18/2010

The Lindley Town Audit Workshop was held on August 18th, 2010
Official Copy held at the Town Clerk’s Office

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

Paul Stermer – Councilman

Meeting called to order at 7:15 pm. Pledge to Flag completed.


• Road Closing: Between CR 106 and CR 116 (River Rd and Church Crk) on September 1st and Sept 2nd.
• Don Sweezy: Indicated in call with Richard B. that rustification of bridgework was cost prohibitive, but we may be able to expect a sign that indicates Town of Lindley. No word yet on the Box Culvert issue.
• Kuhl Rd Bridge: this is considered a temporary bridge and the state plans to remove it in 2014. Richard B. will talk to Vince Spagnoletti.
• H.S.A: Kyle Kollhoff provided information, which will be placed in Councilman boxes for review.
• Delta and road costs: Delta will meet with Dick Johnson to determine road costs based on Dick’s costs re:materials and equipment. Richard B. will speak with Legal as well. Discussion: Paul M. indicated that the estimates may be on the conservative side and would like an unbiased opinion. Richard B. stated that the costs will need to be market value for the contract.
• Letter from Ann Pfau, Justice Department: Copy of the Town Resolution of the annual audit of Justice Financials has been completed. Richard B. will call for clarification. Gerry S. thought the audits were to be done monthly or quarterly.

Old Business

Board entered an Executive Session at 7:30 pm to discuss Library funding. Board returned to regular meeting at 7:38pm.

Discussion of frequency of Justice Books auditing. Richard B. will contact Legal Counsel to see what is sufficient for Town Board requirements.


Motion to accept Finance Director’s records for May and June 2010 made by Gerry S. Seconded by Lloyd DeMun Roll – all present agreed.
Motion Carried

Motion to adjourn the meeting made by Paul S, seconded by Lloyd D. Roll – all present agreed.

Meeting Adjourned.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

Addition to Town Clerk Office Hours

Starting August 28th, the Lindley Town Clerk's office will once again be open on Saturdays from 9:00am to 12noon during the months of August and September. This will better accommodate Hunting License Season. Normal Town Clerk Hours will remain, with Saturday Hours during Tax and Hunting Seasons:

Normal Hours:
Mon 9am - 1pm
Tues 9am - 1pm
Wed 9am - 1pm
Thurs 2pm-6pm

OPEN - January thru March from 9am - 12 (Tax season)
CLOSED - April thru July
OPEN - August thru September from 9am - 12 (Hunting season)
CLOSED - October thru December

Planning Board Meeting Minutes August 16, 2010

Lindley Town Planning Board
August 16, 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 Earl Titus, Pat Clark, Fran Woodring, and CEO, David Fuller. Three visitors were also present.

Minutes of the July 29, 2010 meeting were read. A Motion to accept the minutes as read was made by Earl, seconded by Fran W. and passed unanimously.

Fran W. asked if the Hawbaker trailer question was ever resolved? Dave said he is working on it.

Steve Ritter of the ZBA presented an application from Peggy Clark, 9603 Tannery Creek Road to place a three-car garage at the back of her nonconforming lot which would be 10 feet from the property line. The Board determined that the 10' setbacks are in compliance because the lot is a grandfathered undersized lot with setback requirements defined in Section 10.0.6 Existing Undersized Lots, #B4. The Board estimated the buildings' total square footage and calculated that adding the proposed building would exceed the 10% maximum density (about 16%). The non-compliance to the density schedule requires a variance. The Board is concerned with the ability of emergency vehicles to reach the new building which would be behind the existing house and garage. Otherwise, the Board is not concerned with the application since it is compatible with the neighboring area.

Catherine Pierce announced that Thursday, Aug. 19, 7:00 pm at the Lindley Town Hall will be an Old Home Days Planning meeting scheduled for Sept. 18, 11:00 – 4:00pm at the Lindley-Presho Methodist Church. Everyone is welcome to attend.

Discussion began on the last sections of the Comprehensive Plan (26-32). Dave is still working on a CUP check list. Kitty asked if the three new access roads, Stermer, Sawyer, and Mersereau, might be a chance for more development within the Town? The current Comprehensive Plan includes a map showing vacant lots under 2 acres. The current Plan states Conditional uses are not allowed for undersized lots so a single wide cannot currently be placed on an undersized lot. Mary asked if the Board should reconsider or enforce? Board suggested this question needs to be discussed. Regarding the section on Visual Assessment,“How far does the Town need to go?” The final section on Wet Lands is defined by other agencies but is reflected in the Lindley Zoning Law.

Mary stated the Board must now act on what was done. Mary's summary of the review up until tonight's portion was distributed to Board members who were asked to read it through for completeness. There are a number of things the Board will do with this information: make recommendations on updating the Comprehensive Plan, have the attorney review questionable sections, determine what changes may be needed to the Zoning Law and evaluate if re-zoning is needed.

A Motion to adjourn was made by Earl, seconded by Fran W. and unanimously passed at 7:45 pm.

Respectfully submitted,
Janice Oberlander
Recording Clerk

Town Board Meeting August 11, 2010

Official Minutes held at Town Clerk’s Office

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

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, and Town Historian.
• Minutes of the July meetings were approved with corrections.

1. There is a building code effectiveness workshop on the 19th at 9:30. Board members are welcome to attend. Dave Fuller and Richard B. will be meeting with the trainer.
2. The Town of Barker sent their resolution to accept the Marcellus Shale drilling and asks that the Town of Lindley do the same. No discussion of this issue will occur tonight.
3. The County is offering a 1st Aid Training on August 24th from 8 am -1 pm in the legal chambers. Cost is $30/person. Richard B will encourage Dick Johnson to send some of his workers.
4. Lindley received a rabies report - The Pleasant Valley Trailer Park in Lindley had a suspect animal but it turned out not to have rabies.
5. NYS Real Property Tax Service has reported that the Lindley tax equalization rate is 3.45% as reported by Brian Moon.
6. Sprague Insurance expects to send a return installment of approximately $900 to the Town in the near future.
7. Fortuna Energy and Corning Natural Gas has announced a joint petition to continue pipeline construction in Caton.

Public Comments:
Fran Woodring – how will the Board’s decision to not support the Library affect Lindley residents’ use of the library. Richard B. indicated that only the Library’s first offer was rejected. Discussion of when the current contract ends and the fact that the Board has determined to give the Library a donation. Board will enter another executive session when the next library offer comes through.
Dick Pierce – Took a drive along Griswold Road and thought he’d died and gone to heaven, it’s condition was so much better than Steamtown. There was no dust, and while it was patched in places, it was macadam. Asked about funds Dick J. was provided with to control dust and stated that the dust problem has been getting worse each year for the past three years. What happened to the $20 thousand? Was that used on the grader or is it still in the bank? Paul M. responded and said that the original $40 thousand was decreased by half, and was enough if used efficiently and appropriately. The other $20 thousand does not roll over to the next year but gets absorbed into the budget. Richard B. said this will all be reviewed during the budgeting process. Richard B indicated Dick J. thought he could get farther with the $20 thousand by using calcium and water.
Dick Pierce – indicated that most roads are paved about 2½ miles from the corner off River Rd. There is now more traffic and more houses, increasing the dust problem. Lloyd stated that his response from Dick J. in the past was that Dick J “will do what he has the money to do.” Various comments and discussion about rural lifestyle on dirt roads, possibly fighting a losing battle in trying to get roads less dusty, discussion about how calcium dust is worse than road dust. Comments about Johnson Rd, a seasonal road, being in very good condition and questioning why so much work was being done there. Richard B. reiterated that this will be thoroughly discussed and reviewed during budget time.
Al Schoonover – opened discussion about perhaps making the highway superintendent position an appointed position. Discussion about what this would entail (public referendum), and past failed attempts to make this happen. Process of getting this option on the ballot this November – a petition put together by interested community members, signatures, and then presented to the Board so the Board can then determine it should go on the ballot.
Kitty Pierce – asked if this discussion should be happening with Dick J. present.
Dick Pierce – if the Highway Superintendent is appointed, would he be required to be at the Board meetings? What about the Assessors?
Rebecca Cleveland – asked about getting a Children at Play sign on Ryers Creek Rd…. many children among the first 7 houses. Richard B. said he would speak to Dick J. about getting a sign up.
Don Sweezy, NYS DOT – changing a speed limit on a road requires a radar speed study. Gerry S. indicated there is a also a safety issue on County Rte 115 to Lindley Rd where the road drops and creates a blind spot.
Kitty Pierce – There is an event on Saturday at Denison Park from 10 – 6 to honor Veterans. And on August 19th there will be a planning meeting for Old Homes Day at 7pm. We need volunteers. Old Homes Day is on Saturday, September 18th from 10 to 4.
Don Sweezy, NYS DOT – regarding the work being done on the highway. Some design changes discussed regarding bridges that will be put in during 2012. Stermer Road, Stowell Road, and Morgan Creek Rd. Richard B. asked for clarification on types of materials to be used, and beautification of the highway. Don will get back to Richard within the next 7 days.
Gerry Simcoe – what about the Lindley Rd. bridge? Bob Nichols indicated this is a permanent bridge… the County is responsible for the structure, the Town is responsible for the deck and guardrails. Don Sweezy will look into this further and get back to Richard B by next meeting.
Paul Stermer – plans for bridge bids? Don S. indicated bids would be accepted in 2012 or 2013. The Presho connect will be partially opening 2013, completed in 2014.
Bob Nichols – saved $300 thousand in payroll and there is a current debate on whether to keep the attorney at this time. There is a conflict of interest.

Old Business
1. The Dog Control options discussed – rabies clinic can still be done. Refer to July 14th 2010 notes. Town Attorney will now need to contact the FLSPCA. Motion to approve contracting with Chemung County SPCA, timing based on contract termination with FLSPCA, made by Gerry Simcoe. Paul Mortzheim seconded. Roll – all approved. Motion Carried

New Business
1. Delta Engineers has been working on examining a representative sample of the Lindley roads. Dick J. is to review these locations and confer with Delta. Then they will start reviewing road conditions. This is to set a price tag on damages that may occur due to any trucking for gas drilling operations. Roads will be prioritized. Discussion about whether they considered the roads that would most likely be used to access gas wells. Confirmation that Richard B will get a copy of the conversation results between Dick J. and Delta.
2. Union Negotiations – Richard received a letter from the Teamsters Union that the contract ends in December, 2010. Richard will request that Legal Counsel will negotiate with the Teamster’s Union, with Board input. Richard will contact Davidson and O’Mara and have the information for next week.
3. Phone Carrier – Megan T. and Kathy B reviewed three plans – Currently use Verizon. Reviewed plans offered by Vonage and Time Warner. Time Warner offers the best plan and can still used same numbers. Kathy will purchase switch boxes that will allow two lines to serve as both fax and phone. Motion to change phone service provider to Time Warner made by Paul Stermer. Seconded by Lloyd DeMun. Roll – all agreed. Motion Carried
4. Steuben County Self-Insurance Plan – asking Town if the Town would prefer to collect plan money or if the Town would prefer the fee be placed on the Property Tax. Board members agreed it should be a Town duty to collect $$ for the Self-Insurance plan.
5. Municipal Water Well – Richard B. suggested the Board consider putting in a municipal water well. There is money to be made from selling water and would help the Fire Department and so forth. Richard will look into it further if there is interest. Discussion about where it might be located in a way that would minimally impact roads, perhaps on Town Hall property.

Town Board entered an Executive Session at 9:20 to discuss Library funding, and a recent phone call. Town Board returned to regular session at 9:41 pm.


Bills were reviewed. Gerry S. made the motion to pay the bills with one exception, seconded by Paul S. Roll – all agreed. Motion Carried

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

Respectfully submitted,
Megan Thistle
Lindley Town Clerk