Audit/Old Business Meeting November 17th

The Lindley Town Audit Workshop and Old Business Meeting was held on November 17th, 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

Present:
Richard Biggio – Town Supervisor
Gerry Simcoe – Deputy Town Supervisor
Lloyd DeMunn, II – Councilman
Paul Mortzheim – Councilman
Paul Stermer – Councilman

Attachments:
Attendance list

Meeting called to order at 7:05pm
Pledge to Flag completed.

Announcements:
• The Board needs to finish the 2011 budget
• The Board will hold an executive session regarding union negotiations.
• Richard Biggio received a package from Steuben County Industrial Development Agency and this will hopefully bring some revenue to the Town.
• Kathy is working with Unifirst regarding uniforms, the contract, and price changes. Also expects a credit for the money charged for an employee currently off duty. Should also be a credit for charges on uniforms for rentals, and no charge for replacements.
• Steuben County Office of Risk Management contract will be signed today.
• Will need to review the last bill sent by Rudy Jakubick for mowing. The contracted amount has already been paid to him and this current bill has no date on it. Kathy will contact him.
• Paul Mortzheim indicated he has Suit-Kote information and the cost/mi of cold paving.

Budget:
Paul M. commented that the reason he voted against the budget at the last meeting was because there were numerous negative comments from the public regarding the cost of the Court. The second reason was the bulk numbers for the highway fund, without an action plan or accountability.

Discussion about putting a plan in place for the town roads in the future, with acknowledgment that elected officials are solely in charge of their funds. Richard B indicated that a future mailing to residents would be helpful to provide town with information, and include a highway plan. The highway plan would require engineering that would give information and direction. Continued discussion that the Highway Superintendent wouldn’t have to follow the plan.

Paul Stermer indicated that his reasons for voting against the budget included the discrepancy between line items for Personal Services between the Town Clerk and Municipal Court line items. Paul S. stated that including the Court Clerk and the Bailiff on the Personal Services line item was wrong and they should go in the Contractual. Gerry Simcoe commented that either the Town Clerk’s or the Municipal Court’s Personal Services line items were wrong and needed clarification. Paul S. stated that the other reason he voted against the budget was that there was no accounting for use of funds, citing an example of a recent bill for $18,000 for ground stone, with no indication of how much, and no way of telling at this point. Discussion of this example and that once the budget is passed there is no control of how an elected official spends the money.

Re-addressed the issue of dust control and the perception by town residents that the Board took money away. Funding was halved and Highway Superintendent was asked that dust control be done only at residences that needed it. Discussion of entitlement vs. service of the town. Paul M. hoping for some structure this year and in the future to address roads.

Dick Pierce asked why the Board can’t tell elected officials what to do. Board clarified that once the budget is passed, elected officials have the control over how they spend their items. Dale A. Salisbury asked if elected officials can be forced to come to the Board for more money. Discussion about controlling elected officials through line items and that this is a double-edged sword.

Discussion about what was proper procedure in recording Personal Services in Town Clerk and Municipal Court services. Question about which was right, do all personnel go on Personal Services line or only elected official, with other staff listed within Contractual item? Page 17 listing of Elected Officials will reflect only the Justice’s Salary under Municipal Court. Tax Collector item will be removed from Page 17 as that is not an elected position.

Paul M. commented that giving the Justice $6600 is giving a raise. Commented that the he didn’t hear the public wanted that and it should not be above last year’s salary. Dick Pierce commented that he remembers the increase being to help out with the backlog. If he was coming in, and interested in the job and he saw the salary at 11140 he would take that as the salary for the judge. After discussion of hourly rate for 2009 Court Clerk and then 2010 Justice stipend, and review of the notes from 2009 budget process, it was determined that the 2010 salary for the Justice was $6200. After further discussion about the history of the position’s pay rate (jump from $5733 to $6200 in 2010), and the public comments raised during the public hearing on November 10th regarding the Justice’s salary being too high, Gerry Simcoe made the motion that the Justice’s salary will remain at $6200 for 2011. Paul Mortzheim seconded. Roll – all present agreed.
Motion Carried

8:00 pm – Executive Session for Union Negotiations.
8:10 pm – Return to regular session after re-scheduling for December 1st at 7:00 pm

Board discussed the $3640 for Court Clerk and $900 for Bailiff - should they go into Contractual rather than the Personal Services line so it is clear to the public what the Justice makes, and also so the Board can see year to year what the salaries are for each staff for comparison. Kathy Biggio – Finance Director, will call the state to see what needs to be done for the line item A1110.1 Municipal Court line item. Discussion about Town Clerk Personal Services: should the Deputy Town Clerk also show up on the Town Clerk Personal Services line item and which documentation is correct? Discussion about whether the Court Clerk and Bailiff are hourly or salaried, and will that determine location of items. Discussion about being salaried or hourly, and connection with worker’s comp. Richard B. will discuss further with Kathy.

Discussion about concerns with Highway Budget and coming up with a plan. Too late for this year to come up with a plan. Richard B. stated that the problem cannot be solved other than raise the fund reserve, and then designate those funds for capital projects. Then money can then be spent only on capital projects.

CHIPS money is likely to decrease and disappear completely.

Paul M. made a motion that the 2011 Budget pass at a 5.11% tax increase and as amended, with corrections made to Page 17, and if possible adjust line items for the Municipal Court. Lloyd D. seconded.
Roll – Richard Biggio: Yes, Paul Stermer: No, Gerry Simcoe: Yes, Paul Mortzheim: No, Lloyd D.: Yes.
2011 Budget Adopted


Dick Pierce asked about Assessors providing a report regarding real property loss or gain. Richard B. stated that the net loss on the Finance Director’s budget summary was 6% for 2010. Actual total loss for the highway project is a lot more.

Dale A. Salisbury asked if a new Highway Superintendent was expected. Richard B. mentioned that there is an interest within the community to change the position from elected to appointed, and this is a long process. This has been tried a couple times in the past and failed. But will start the process according to the wishes of the public in May 2011.

Richard B. mentioned that the Ammon Titus chair has been refinished and will be brought over to the Town Hall soon. Will need to do something about the concrete base it’s on.

Audits:
Town Clerk’s financials for July, August, September, and October 2010 were completed.

Motion to adjourn the meeting made by Paul Mortzheim, seconded by Gerry Simcoe, roll – all agreed, meeting adjourned.


Respectfully submitted,
Megan Thistle
Lindley Town Clerk

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