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

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