LINDLEY TOWN PLANNING BOARD
December 19, 2011

The regular meeting of the Lindley Town Planning Board was called to order by Chairperson Mary Lentzen at 7:00 pm. Members present included Fran Woodring, Pat Simcoe, Earl Titus and CEO, David Fuller. Four visitors were also present.

Minutes of the November 21, 2011 were read. A Motion to accept the Minutes as corrected was made by Earl, seconded by Fran W. and passed unanimously.

Mr. Rudy Jakubik presented the Board with his survey map for the Minor Subdivision of Vernon Allen's property on Felker Hill Road, Tax Map # 424.00-01-057.111. 15.20 acres will be subdivided from this approximately 25 acre parcel and combined with an adjacent 12.55 acre parcel which is Tax Map #424.00-01-008.100. A Motion to approve the Subdivision as presented was made by Earl, Seconded by Dave and unanimously passed.

A Short EAF was filed and the $5.00 fee paid.

Pat S. will serve on the Board for another Term and Mary will remain Chairperson of the Planning Board in 2012. Pat Clark's vacated seat will need to be filled.

Mary will respond to Mr. Gregory H. Sovas' letter of December 9, 2011 concerning Town of Lindley Conditional Use Permit for Glenn O. Hawbaker, Inc. (GOH) Lindley Road #2 MLR#80802.

Regarding the issue on Welty Road submitted by Jack Smith last month, a ticket for junk cars was issued and a Court date has been set for January 10.

The Board began a discussion on camping regulations for the Town of Lindley. The subject is very complex and the Board felt it would be prudent for the Town to declare a Moratorium until the subject can be thoroughly researched and decisions can be made. Mary will try to get the subject on the Town Board's agenda for January.

Mary will prepare a proposal using Dave's submitted guidelines and information from a guidline from Lake Pleasant, NY to present to the Planning Board's January meeting. The Board will present their Campground regulation guide to the Town Board by March, 2012.

At 8:30 pm Earl made a Motion to adjourn, seconded by Pat S. and unanimously passed.

Respectfully submitted
Janice Oberlander
Recording Clerk
Justice Audit Meeting, December 15th, 2011

Meeting Called to Order by Richard Biggio at 6:15 pm

At a Special Meeting of the Town Board of the Town of Lindley, Steuben County, New York, held at the Town Hall in Lindley, New York, in said Town, on December 15th, 2011, at 6:15 pm, prevailing time.

The meeting was called to order by Richard Biggio, Supervisor, and upon roll being called, the following were:

PRESENT:
Richard Biggio, Supervisor
Lloyd DeMun, II, Councilman
Gerry Simcoe, Councilman


ABSENT:
Paul Mortzheim, Councilman
Paul Stermer, Councilman


The following resolution was offered by Councilman Simcoe: Councilman Simcoe moved it’s adoption, seconded by Councilman DeMun, II, and put to vote: Roll: Richard Biggio: yes; Lloyd DeMun, II: yes; Gerry Simcoe: yes, to wit:

WHEREAS: The Town Board is required to perform an annual audit of the Justice Department Financial Reports.

THEREFORE BE IT RESOLVED: The Lindley Town Board performed the annual financial report of the Justice Department and Approve the Audit for 2011.

Meeting adjourned.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk
The Lindley Town Audit Workshop, Emergency Business, and Old Business Meeting was held on December 21st, 2011 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
Lloyd DeMun, II – Councilman
Paul Mortzheim – Councilman
Gerry Simcoe – Deputy Town Supervisor
Paul Stermer – Councilman

Richard Biggio called the meeting to order at 7:00 pm
Minutes of the previous meeting were accepted with amendments.

Announcements:
• There will be a County Legislators Meeting
• The NYS Surplus Property Program is coming up… may be worth reviewing, for a truck box.
• Richard Johnson – recognition plans still being worked on. Will vote on plans at next meeting December 28th at 7:00 pm

Old Business:
Rural Metro Contract – Pam Gee has made a number of comments for review. New contract has no mention of a Lindley Resident discount. Last contract discount was $270 for Resident, $399 for non-resident. Richard Biggio will forward concerns to Pam Gee for further review and to see if a contract with any ambulance service is required. Question about Town liability raised. Richard Biggio will also try to reach Al Lewis on December 22nd for discussion.

Emergency Business:
Dawn Sutfin of NYS DOT in Hornell sent a resolution as part of adding to the Town highway inventory. Review found that the mileage on one section of the resolution was inaccurate. Megan Thistle will contact Dawn Sutfin in the morning on December 22nd.

Audits:
Town Clerk audit was completed for November, 2011.
Finance Director audit was completed for September, October and November, 2011.
Lloyed DeMun made the motion to accept the audits as satisfactory. Paul Mortzheim seconded. Roll – all agreed.
Motion carried.

Gerry Simcoe made the motion to adjourn the meeting, Paul Stermer seconded. Roll – all agreed. Meeting adjourned at 10:15pm

Respectfully submitted,
Megan Thistle
Lindley Town Clerk
The Regular Town Board Meeting was held December 14th, 2011 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
Paul Mortzheim – Councilman
Gerry Simcoe - Councilman
Paul Stermer – Councilman

Attachments:
-attendance list
-agenda
-Local Road Use and Preservation Law

• Meeting was called to order by Richard Biggio at @ 7:00pm.
• Pledge to the flag completed.
• Minutes of the prior meeting were accepted with corrections.
• Reports received from Town Clerk, Historian, Justice, Code Enforcement Officer, Finance Director, and Chemung SPCA.

Announcements by Richard Biggio:
• A training School and Annual Meeting for Justices and Court Clerks is scheduled in various locations. Richard will put announcement in Tracy Wilson’s box.
• The Newly Elected Officials Training has been announced for January in various locations. All newly elected officials are encouraged to attend. New officials will be notified.
• Association of Towns dues are coming up. About $500 annually but well worth the expense.
• NYS Dog Law Enforcement Changes are coming. SPCA is most likely aware.
• A letter from Vince Spagnoletti commending and thanking Dick Johnson for his years of service.
• Emergency Services Annual Report will be in the Town Clerk’s office.

Public Comments:
• Dick Pierce – can we look into a PA system for the Boardroom? Richard Biggio indicated that this is possible although costly and can run around $5000.
• Marc Stocum – is anything being done to recognize Dick and his retirement? Richard Biggio answered yes several things are being worked on, and for others leaving Town employment as well.
• Marc Stocum – what happens to unexpended balances – can they be rolled into the equipment fund? Richard Biggio – all unexpended funds will be collected and Board will determine where they should go.
• Kitty Pierce – does anyone know the official count from the Elections?
• Richard Biggio – read off official results from the Board of Elections website posted 12/13/2011:
o Town Supervisor – Gerry Simcoe – 244 votes
o Town Clerk – Megan Thistle – 263 votes
o Councilwoman – Linda Salyerds – 179 votes
o Councilman – Patrick Clark – 221 votes
o Highway Superintendent – Marc Stocum – 116 votes
o Assessor – Paul Mortzheim

• Richard Biggio announced that the contract with Time Warner shows free internet is available to the Highway as well. Not sure why it wasn’t implemented at the beginning of the contract but we will be working on getting this up and running.


NYS DOT Representative Mike Griffin – Route I-99 Update:
• Current work being done should be completed Summer 2012.
• March 2012 Bids will be accepted for final phase of the project.
• Kuhl Rd will be reestablished like it was before, removing the temporary bridge.
• November 15th, 2013 is the final completion date, including the 7 bridges.
• North at Presho, SB traffic will run down existing Rt. 15 and allow building of new alignment. This is a 45 day project. Then all SB will move onto new highway. After that, old Rt. 15 will have NB and local traffic only.
• At the North end, connect existing Rt. 15 to County Rte 5. Another 45 day project and then open Rt. 15 as Co. Rte 115.
• Will raise the Presho bridge to avoid repeated hits by oversized vehicles. This should be done by 2013.
• South of Watson Crk Rd., will remove and reconnect Rt. 15 to Watson near Chilson’s. Done by the end of 2013.
• Still have some clean up work to do by 2014 to make it look good. Summer of 2014 is the official completion date.
• Rest area? – Financially difficult at this time, with closing others in NYS. Design is progressing but no funding at this point.
• Paul Mortzheim – residential area road surface on bridge vs. highway - the tires wail – a smooth surface is wanted by people in the area. Mike Griffin – smooth surface planned, and then rumble strips on the sides like the Corning area through Riverside.
• Paul Mortzheim – What if the Town wants to keep the Kuhl bridge? Mike Griffin – when we talked with the Town before, they were not interested in it. It’s only specified to be a 10-15 life bridge. We’re at 7 years now. Gerry Simcoe – Could you recheck that specification – a lot of work has been done on that bridge. Richard B – we can renegotiate and save the State some money. Mike Griffin – just so you know, it’s not one of our 70 year bridge designs, it’s in “as-is” condition.
• Marc Stocum – prior to allowing Hovey Rd traffic, are you going to resurface the road before redirecting traffic? Mike Griffin - Planning to resurface road to the east. The bridge off River Rd (by the Presho Cemetery) will have a stop sign.
• Fran Woodring – will Presho bridge work be like Victory Highway bridge? Mike Griffin - plan is to use temporary traffic signals and maintain traffic flow.
• Stop light on River Road and Hovey? Mike Griffin - that will change to a stop condition and Rt. 15 NB will have free flow movement for 45 days. This is safer with the volume of traffic NB. Lloyd DeMun – you’ll get to see what Lindley Rd. has had to deal with. Gerry Simcoe – you’ll want to do the stop sign 6 months before you do this or will have accidents. Mike Griffin – the stop sign there will be a permanent condition.
• Fran Woodring – the state of old Rte 15? Mike Griffin – it becomes County Rte 115, maybe some maintenance paving but that’s it.
• Dick Pierce – have you had feedback re:the water trucks? Mike Griffin – they move a lot of trucks. That is a reality of the hydrofracking business. They move them to areas where the roads aren’t designed to handle that. We have concerns about the impact on the roads. That’s a governor level issue and I don’t know where that’s all headed. We have stated publicly the impact this has on infrastructure.
• Welcome center – is a 7 million dollar project and it’s hard to justify this when closing others in the state. State police weighing station? Mike Griffin – it’s a balancing act. And we did impact the wetlands and disrupted a lot. Ground discharge as part of the project, need to make sure the fish and amphibians have a place to go.


Bob Nichols – County Legislator

Wanted to say goodbye, this is my last month as county legislator. It’s been a good trip.

2% Tax cap would be fine if the State Legislators had tied it to unfunded mandates. If County stays at 2%, Cooperative Extension, Office of the Aging, Youth Bureau, Road Patrol, and Healthcare Facility will be on the chopping block.

State keeps changing the formulas and increasing Probation, Medicaid, and Early Childhood Intervention. Early Childhood Intervention decisions are made by the schools and County has no input, but has to pay.

This will affect the Human Society. If State doesn’t stop spending of unfunded mandates… they say “that’ll be have to be down the road”…. Current goal is them looking at getting through the next election.

Richard Biggio – there’s a double standard when looking at what they force upon you. Just buying votes.

State is saying they’re trying to keep taxes down and are putting it on Town and County.

Paul Mortzheim – looking at St. County as Legislators – are they actively trying to keep Steuben dollars in Steuben County? Trying to get businesses into Steuben county?

Bob Nichols – they are through the IDAs – there’s one in Hornell and one by the old Veterans VFW on 54. Help with pilot programs and lending. Most successful effort has been the plaza in Hornell. Sales tax from cities doesn’t come to Towns and so you should go to Erwin to shop because then townships will get a share.
Paul Mortzheim – St. Co. has huge competition with Chemung Co. because nothing is in St. Co.
Lanny Plumley - we don’t have a choice.
Bob Nichols – retailers like to go where there’s already retail because that’s where the traffic is. IDA is trying to get retail and light manufacturing into Steuben County.

Bob Nichols – I have enjoyed the last 12 years. Did all that I could and got a couple of new bridges. Been some fun times. Appreciate your support. I know Bill Peoples and he will do a good job. I wish the Town of Lindley the best.

Old Business:
Richard Biggio – We need to look at the Local Road Use and Preservation Law. Amendments have been made and can be modified and amended in the future. We never had it in a final format to be voted on. PM – we’ve discussed it several times. Just assume we make a vote on it. Gerry Simcoe – Motion to adopt the Local Road Use and Preservation Law. Paul Mortzheim seconded. Roll – all agreed.
Local Law #3 of 2011 Adopted

Gerry Simcoe – what about the one for the Highway Superintendent?
Richard Biggio – I need to ask Pam to write the question for the ballot. Gerry Simcoe – be good to do it this year as it was adopted this year.

New Business:

We need to decide whether or not to renew the Usherwood Contract for the copier. Gerry Simcoe- does it pay off? Richard Biggio – this is a maintenance agreement. $397 a year. I think we should do it. Gerry Simcoe made the motion to renew the Usherwood Contract. Paul Mortzheim seconded. Roll – all agreed.
Motion Carried.

Rural Metro Contract Renewal – Richard Biggio read the renewal letter from Rural Metro. Contract expires 12/31/2011. Renewal terms include 0% increase for 2012 and 2013 and a two percent increase over the course of the next two years.
• 2012 - $7986.48
• 2013 - $7986.48
• 2014 - $8146.21
• 2015 – $8309.13

Gerry Simcoe- the problem is that the last contract they still raised it when they weren’t supposed to so they have an out in there someplace. I won’t agree with a contract that allows that. They never lowered it after they raised it for the fuel. Paul Mortzheim - I agree. We accept the rates with no added surcharges. And that the Town of Lindley residents get a reduced rate for services.
Fran Tempel – would that be on the bill?
Paul Mortzheim - yes but I’ve never heard of anyone getting a discount. They may have but I’ve never heard of it.
Richard Biggio – article 15, modifications allowed with 30 days written notice.
Paul Stermer – if they can we can.
Lloyd DeMun – what if we don’t go with Rural Metro?
Gerry Simcoe – have to it’s a State requirement.
Paul Mortzheim – yes it’s a lot of money but they do protect the firemen automatically when there are any calls, no charge. Also, in a litigious society, if we don’t have a contract and an ambulance doesn’t get there within the stated 10 minutes, the Town of Lindley can get sued. Lloyd DeMun – they show up if there’s a fire, but if they have a customer they charge, if they go back empty, no charge? Correct.
Richard Biggio – we are paying them for their readiness and obligation to serve.
Paul Mortzheim – they do take advantage but yet they are there for our firemen.
Paul Stermer – it feels like extortion to me anyway.
Richard Biggio – they may get some competition with the hospital being built by the mall, but until there’s competition…
Kitty Pierce – do you have to do a 4 year contract?
Richard Biggio – no but it helps with budgeting and planning.
Paul Mortzheim – I like their numbers but would like the other points looked at.
Richard Biggio – I will have Pam look at this.

NYMIR – two things – Loss control Recommendations regarding Town Hall floodlight wire exposed; courtroom Emergency Light was out; procedures to be done annually - checking Town Driver’s records at time of hire and annually. Also a Renewal Application Packet for March 2012.

Town Hall Heating Issue – currently have two loops, one runs the boardroom and Post Office bathroom. The other runs from the boiler room to the foyer, to the Clerk office, to the Supervisor office, to the Justice office, and then the Assessor office, cooling as it progresses. Would cost close to $3000 to change/add a loop for the back offices. Louvers in bottom of doors?, move thermostat? Adjust timing of office hours, adjust thermostat schedule. Winter isn’t the time to be changing the heating system. Paul Mortzheim – suggested low wattage space heaters to heat back rooms more slowly and not spike NYSEG costs. Lloyd DeMun - another zone? Paul Mortzheim – Justice and Assessors offices. Problem is that we’d be spending that money and still heating it, both. Return on investment would start in about 5 years. But would be money well spent. Lloyd DeMun – try the low watt space heaters and thermostat first and see?

Maintenance Agreement – Isaac’s Heating - $507 for two years. Will put on hold and get bids for pricing.


Supervisor Report – Paul Mortzheim – We have projected to have $338 thousand in savings, so why, if all the revenues have come in and we haven’t spent $119 thousand, is there only $310 thousand in savings?
Richard Biggio – I’ll ask Kathy.

Bills:

Motion to pay bills – Paul Mortzheim. Seconded – Lloyd DeMun. Roll – all agreed.

Transfers:
Postage for license renewal mailings 2012
A1990.4 Contingency to A3510.4 Dog Control - $176.52

Mowings 2011
A1990.4 Contingency to A8810.4 Cemeteries - $1094.60

Paul Stermer made the motion to make the transfers. Paul Mortzheim seconded. Roll – all agreed. Motion Carried.


General discussion around issues already mentioned earlier in the evening.

Motion to adjourn made by Paul Stermer, seconded by Lloyd DeMun, Roll – all agreed. Meeting adjourned at 9:25 pm

Respectfully submitted,



Megan Thistle
Lindley Town Clerk
LINDLEY TOWN PLANNING BOARD November 21, 2011


The regular meeting of the Lindley Town Planning Board was called to order by Co-Chairman, Earl Titus at 7 pm. Members present included Fran Woodring, Pat Simcoe, Pat Clark, Tim Shaddock, and CEO, David Fuller. Five visitors were also present.

Minutes of the October meeting were read. A Motion to accept the Minutes as read was made by Fran W., seconded by Pat C. and passed unanimously.

Public Comment began with Jack Smith on Welty Road concerning an issue in his neighborhood at 9306 Welty Road which had been brought to the Board's attention (July, 2009 Plan. Board Minutes) and has continued to worsen. Two photos of the area in question were submitted to the Board. Concern is for the disregard of overall quality of the neighborhood, property resale values, and a disregard for the regulations that go with a non-conforming lot and the NY State building codes. Also, a vehicle repair business appears to be being conducted there. Jack asked whether or not our Zoning laws should prevent this type of situation?

Dave stated a Building permit was issued two years ago but is no longer valid since the project was never completed. He will revisit the site.

Congratulations were extended to Pat Clark for his recent election to the Town Planning Board.

Rudy Jakubik has purchased just under 10 acres from a neighbor, Vern Allen, and asked the Board what he needed to do to complete this process. Board said Mr. Allen must request a minor subdivision and a survey map, Mr. Allen's Tax Map number, and Mr. Jakubik's Tax Map number must be presented for Board approval.

Tim asked what followup is in place for the Town to address Jack Smith's ongoing neighborhood issue?
Dave will issue a ticket and then the remedy is up to the Judge. Jack can be notified of the time and date of the violator's Court appearance and neighbors involved can all attend.

Public Comment ended. Earl distributed copies of the Health Regulations for Campgrounds for the Board's review. Fran W. noted the Bending River Campground off US Rt. 15 has been fined by the NY State Dept. of Health. Twenty-five new sites and two 1250 gal septic tanks will be installed per Mr. Nathaniel Hall of the Dept. of Health at Hornell. He will notify the Planning Board when the campground has been approved for operation.

Section 8.2.5 of the Comprehensive Plan was discussed. The Town currently has no regulations for campgrounds. The Town has two mobile home parks, allowed by the Comprehensive Plan in a residential-rural setting, but not encouraged. Both Parks allow seasonal campers (6-months).

Concerns have been raised since there has been a heavy influx of campers due to the nearby gas drilling workers. It was noted 5 or more campsites constitute a “Campground” and is regulated by the NY State Dept. of Health. Town can impose more strict regulations in this case but not less than the Dept. of Health. Board needs to address rules and regulations regarding camping areas with 4 or less sites on private properties.

Board feels perhaps a moratorium should be issued by the Town until they can sort out what needs to be done and can address all the issues that could possibly result from the increased camper population.

Mary submitted her ideas on camping regulations and a model used by Lake Pleasant, N.Y..

Concerns raised included: How long will it take to pass a law once the regulations have been determined? What if the Gas Drilling company purchases land within the Town and builds a trailer park for its workers? How many campers should be allowed on private property with many acres or just 2 acres? Should this be a CUP process or a Zoning Board application with guideline suggestions by the Planning Board? Who applies for permits – landowner or camper? What regulations regarding noise levels, the difference between stored camper units and occupied campers, number of campers per site, size of units, dry camp only, prohibiting anyone with a criminal record, length of stay, enforcement responsibility of regulations, etc. should the Town impose. Are the workers considered 'migrant'? Board will address these issues at the next Planning Board meeting and review the Dept. of Health regulations prior to the meeting.

A Motion to adjourn at 8:50 pm was made by Pat C., seconded by Tim and passed unanimously.

Respectfully submitted,
Janice Oberlander
Recording Clerk
The Second Public Hearing regarding the 2012 Budget was held November 16th, 2011 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
Paul Mortzheim – Councilman
Gerry Simcoe - Councilman
Paul Stermer – Councilman

Absent:
Richard Johnson – Highway Superintendent

Attachments:
- attendance list

• Meeting was called to order by Richard Biggio at @ 7:00pm.
• Pledge to the flag completed.
• Minutes accepted with corrections

Announcements by Richard Biggio:
• DEC is holding forums regarding ‘fracking. This is the last hurdle before an outcome for drilling is announced. Expect to see movement by April, 2012.
• The Town Board needs to enter an executive session to address comments made during the last session.

Town Board entered executive session at 7:20 pm
Town Board returned to regular session at 7:50 pm

Richard Biggio announced that comments were made by a Board Member and legal advice was sought. The legal recommendation was that the Board member recuse himself from voting on the 2012 Budget adoption. It is Richard Biggio’s opinion that the comments were made in haste with no inclination to seek anything but express frustration. However, because of perceptions, and the need to maintain public confidence in the Board, it is recommended the Board member recuse himself from the vote. The gentleman has offered to recuse himself from the vote.

2012 Budget Public Hearing:
After considering finances and public safety, the Board has reviewed the numbers and it’s obvious which way we need to go. Lindley is a unique town with lots of weather and it demands someone who understands the road conditions. Historically, the Highway Superintendent position salary has been low. We are trying to be competitive.

Richard Biggio asked Board members if there was any discussion. None.

Paul Mortzheim made the motion to accept the 2012 Preliminary Budget, Final, as received on November 9th, 2011. Gerry Simcoe seconded. Roll – Gerry Simcoe: Yes; Paul Mortzheim: Yes; Richard Biggio: Yes; Paul Stermer indicated he is against the budget but not against safety; Lloyd DeMun: Recused himself.

2012 Budget Adopted with a 0.63% Town Tax increase

The Justice Audit is scheduled for Thursday, December 15th at 6:00 pm

Richard Biggio reported that Fran Tempel worked with Mike Ginalski and was able to secure the Lindley Presho School for the Senior Lunches for free. This is a savings of $90.00.

Mike Griffin of NYS DOT will be visiting at the next Town Board meeting (December 14th, 2011) to give an update on the new highway.

Dick Pierce reminded everyone that tonight’s budget adoption is Town only and does not include whatever the County increase will be.

Audits:
The Town Clerk financial records were audited for September and October, 2011.

Lloyd DeMun made the motion to adjourn the meeting. Paul Stermer seconded. Roll – all agreed. Motion Carried.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk
The First Public Hearing regarding the 2012 Budget was held November 9th, 2011 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
Paul Mortzheim – Councilman
Gerry Simcoe - Councilman

Absent:
Richard Johnson – Highway Superintendent
Paul Stermer – Councilman

Attachments:
- attendance list

• Meeting was called to order by Richard Biggio at @ 7:02pm.
• Pledge to the flag completed.
• Minutes accepted with corrections

Announcements by Richard Biggio:
• Election Results – Congratulations to Gerry Simcoe, Pat Clark, Linda Salyerds, Megan Thistle, and Harry Pierce.
• Cemetery Volunteers – Dee and Randy Hill will assess the tree, bushes and flags with Richard and determine when and what to do. More volunteers will be needed for spring cleanup. Contact Richard Biggio (684-8450).
• Gas Drilling – Thank you Mary for forwarding the emails regarding imminent Gas Drilling operations. Richard expects things to be happening by April next year. Long-term studies have been done that are factual regarding the effects of Boom and Bust cycles and Richard urges the new Board to watch the Gas Drilling events closely.

2012 Budget Public Hearing:
Richard Biggio prefaced the public hearing: The increase is low and was kept low because the school taxes were so high. There are future needs in terms of highway equipment and one new truck can cost $180 thousand. The Town does have reserve accounts started.

Regarding the increase in the Highway Superintendent Position salary: The goal is to have the position filled by a knowledgeable resident who can meet the needs of the town. The problem is the cost of health insurance. A balance was sought that would benefit both a person filling the position and the Town in order to reduce the cost of taxes paying for health insurance. The Board didn’t feel right to offer a full insurance but tried to make up some difference in the salary.

The Board is working on putting money into reserves in order to avoid what other townships have had to do, borrow.

There is an increase for the Fire Department. With training costs, gear, equipment and so forth, this increase is not superficial and the town should be proud of the organization and what they do.

The Board did a diligent job developing this preliminary budget.

Public Comments:
Fran Woodring – asked about the railroad taxes.

Now that activity on the railroad has increased, the assessors will have to re-assess.

Dick Pierce – Asked if the Assessor Chair is elected and can the Chair come to the meetings and give a report?

Richard Biggio – Suggested a quarterly report. The Chair is chosen among the Assessors and then appointed by the Board each year.

Jeff Swan – questioned the increase in Highway Superintendent Position salary from $37,000 to $45,000 and asked about the difference between the cost for 2-person insurance and family insurance ($6500).

Richard Biggio – the salary is not out of line with surrounding towns.

Jeff Swan – What about the question to be on the ballot about whether the Highway Superintendent position should be elected or appointed?

Richard Biggio ¬– The Board did pass the law but the Board of Elections had a caveat: If someone was running, the Town Board had 30 days before the election to get the question on the ballot. If someone was not on the ballot, the Town had to get the question on the ballot 130 days before the election. We missed the deadline but it’s a local law and we can re-enact this for the next election. It can be reviewed again by the next Board but the consensus of everyone at the Public Hearing was to place the question on the ballot.

Paul Mortzheim - Something people missed was that everyone has the constitutional right to petition their local government.

Dale A. Salisbury - This is not meant to be accusatory. 21% increase regarding the Highway Superintendent position salary is ridiculous. Did trying to fit someone from the town into the position play a roll? Because that’s wrong.

Richard Biggio – everything was done in a public meeting. We know the problems of perception but we needed to look at the net effect on the budget. The net effect is a financial benefit to the Town.

Kathy Biggio – I created a formula so that if a person in the town did not take the position the salary and benefits were flexible enough to make the position desirable to someone else. The Board didn’t fit this to a particular person.

Dale A. Salisbury ¬– What is the average salary across towns?

Gerry Simcoe – some are: Jasper - $40,680; Addison - $45,500; Rathbone - $44,400; Tuscarora - $32,607. Other towns were also considered.

Dale A. Salisbury – Were there discussions amongst the Board and an individual prior to the meetings?

Richard Biggio – not outside the meetings.

Dale A. Salisbury – How can you ask an individual even in a meeting what they would accept or not accept?

Richard Biggio – it was about how much the insurance would cost, not the salary.

Dale A. Salisbury – asked why there was any discussion at all for the position and what it would take for the person to move from one position to another.

Gerry Simcoe – I did make a phone call to the individual following the election because there were all kinds of rumors.

Jeff Swan – Do we have something to compare all Town salaries?

Richard Biggio – We can do that. The problem is that benchmarking in public works has problems because of the number of variables per town.

Paul Mortzheim - We tried this a couple years ago but town sizes, steep hills, paved roads, number of roads all play into how a salary is determined for a particular town.

Jeff Swan – Raised the issue of the Court costs. $6000 for the Justice, $900 for a bailiff. His feeling that the Justice salary was out of line.

Paul Mortzheim - stated that the Court also brings in more money ($40,000). They are doing a good job with a lot of work.

Jeff Swan – Will the salary decrease if the workload decreases?

Richard Biggio – In these cases we can do benchmarking. They did a lot of work when you consider the backlog, getting 48 states in agreement for those people who had left the state, and it doesn’t look like things are going to slow down.

Gerry Simcoe – Indicated that if workload did decrease, the first thing to go would be the expense for the Court Clerk position.

Kathy Biggio – showed a graph that reflected costs and revenues in the Court department, with a dramatic increase in revenues as compared to the cost of the Court.


Paul Mortzheim - Several people have contacted me asking why there is an increase of 20% in the Highway Superintendent position salary. The people aren’t here because they have respect for the people working for the town and don’t want to point at anyone. I don’t see a justification for the increase.

Dale A. Salisbury – questioned if money was taken out of savings.
Kathy Biggio - $10,000 in surplus from each fund from 2011 will be used for 2012.

Jeff Swan – What about Control of Dogs?

Richard Biggio – contracted with Chemung County SPCA 24/7 and have a good response.

Kitty Pierce – Do they deal with wild rabid animals?

Kathy Biggio – they would refer you to the DEC but rabid pets they deal with.


Paul Mortzheim motioned that the 2012 Budget be voted on. Gerry Simcoe seconded. Roll – all agreed.
Motion Carried


Richard Biggio asked for a vote to adopt the 2012 Budget. Roll – Gerry Simcoe - Yes; Richard Biggio – Yes; Lloyd DeMun – No; Paul Mortzheim – No.
Motion Failed


Paul Mortzheim indicated that he would like a full Board present when there’s a split. Richard Biggio agreed and said he also felt the decision could have been made tonight with the Board members present. Paul Mortzheim expressed his concern about the cost of medical insurance and this was reinforced for him when several people asked him about the costs. “I can’t convince people that it’s ok.”

Howie McFall – to Paul Mortzheim – You should tell them they should be here.

Paul Mortzheim – I agree. But no one wants to say anything that might be construed as against anyone.

Richard Biggio – Health, medical, and pension problems started with the introduction of free trade agreements and it upset the economic balance, and we’re paying for it.

Lloyd DeMun – we’ve been raising the salary for the Highway Superintendent position 3% all these years and this is the biggest kick in the face to Dick Johnson. We have to figure the salary out based on the Highway Superintendent position. When asked for an amount he would approve, Lloyd said $41,000 with 2-person insurance, just like it was started at.

Richard Biggio – that’s a 10.8% increase.

Lloyd DeMun – If he won’t take that salary, I will and I’ll do a good job too.

Richard Biggio asked for a motion to table the 2012 Budget Hearing decision until next week when all Board members could be present. Gerry Simcoe made the motion. Lloyd DeMun seconded. Roll – all agreed.
Motion Carried


Richard Biggio and Kathy Biggio will prepare the financial documentation and present at next meeting.

Second Public Hearing on the 2012 Budget will occur on Wednesday, November 16th, 2011 at 7:00 pm.

Old Business:
The Model Local Road Use and Preservation Law has been reviewed but it’s been over a month since we looked at it. We need to vote on this. Gerry Simcoe made the motion to table this decision until the Board has time to review. Paul Mortzheim seconded. Roll – all agreed.
Motion Carried

Jeff Swan – asked about the Ambulance contract and if the savings would show on the bill.

Richard Biggio – has not talked to Al Lewis - but the best thing would be for you to call because I don’t know how much they would share with me, since I’m not the patient.

Jeff Swan – I think it should show our savings on the bill before we do any future business with them.

Jeff Swan – What about the campers in the trailer parks? They’re still there.
Dave Fuller, Code Enforcement Officer – NYS Department of Health is working on getting them moved because it is a septic system issue. I need a law to base a citation on. If a septic overflows and runs on the ground I can report that.

Discussion about campers, mobile homes, trailers, and zoning law. Trailer parks are assessed and taxed based on the number of lots available, not on the number of trailers present.

Dave Fuller - Process in cases of violations is that it will go to court and person has about 21 days before a judgment if they don’t fix the problem. If they correct the problem, usually it’s been dismissed.


Bills:
Board reviewed bills. Gerry Simcoe made the motion to pay the bills. Lloyd DeMun seconded. Roll – all agreed.
Motion Carried

Transfers:
Paul Mortzheim made the motion to transfer $135.34 from A1990.4 Contingency to A8510.4 Community Beautification for the recent work done on the Memorial Lawn at the Town Hall. Gerry Simcoe seconded. Roll – all agreed.
Motion Carried

Paul Mortzheim made the motion to transfer $544.60 from A1990.4 Contingency to A8810.4 Cemetery for lawn care. Gerry Simcoe seconded. Roll – all agreed.
Motion Carried

Paul Mortzheim made the motion to transfer $12,457.42 from D9060.8 Health to D5112.2 CHPs for road work. Gerry Simcoe seconded. Roll – Paul Mortzheim initially said no, then yes, after discussion of the poor quality of road work completed. Gerry Simcoe – Yes; Lloyd DeMun – No; Richard Biggio – Yes.
Motion Carried

Discussion about the third transfer and the fact that sometimes, a project will go over budget. Also the difficulty that in this case the money is spent and the bill has to be paid.


Paul Mortzheim made the motion to adjourn. Lloyd DeMun seconded. Roll – all agreed. Meeting adjourned.


Respectfully submitted,
Megan Thistle
Lindley Town Clerk
The Lindley Town Board 2012 Budget Workshop #2 was held on
November 2nd, 2011 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
Lloyd DeMun, II – Councilman
Paul Mortzheim – Councilman
Gerry Simcoe – Deputy Town Supervisor
Paul Stermer – Councilman

Richard Biggio called the meeting to order at 7:05pm

Announcements by Richard Biggio:
• Richard is receiving information about Gas Drilling and the things people should be doing to prepare for the boom and bust.
• Kitty suggested that the Cemetery Volunteers take down the flags. Dee Hill was present and she and Richard discussed the tree that should come down, as well as best timing to take the flags down.

Public Comments:

Dee Hill asked about the half-door idea Richard B. was going to ask her about. Richard and Dee discussed this as an additional security measure for the Judge’s office.

Budget Workshop:

Discussion about the issue of raises across the board, or none: Paul Mortzheim indicated that a few positions warranted raises due to the nature of the position and workload (Town Clerk, Town Supervisor, Budget Director, Judge, Planning Board). Paul M. did not support normalizing salaries, or giving raises to the positions across the board. Kathy Biggio, Finance Director, indicated she would not take a raise unless it was across all positions. Lengthy discussion about how to preserve the integrity of the nature of public service while still valuing the positions. Discussion about doing a cost of living increase across all positions. Board decided to hold salaries at current amounts for all jobs, with the exception of the Highway Superintendent position.

Discussion about the Highway Superintendent Position salary: Town is caught between two things - the need to make the salary somewhat competitive since the Town doesn’t know who will be in the position, and the need to manage the rising costs of medical coverage. Lengthy discussion among board members, finance director, and audience members about what salary is competitive and fair, and what the Town can offer as a health care benefit in addition to salary.

Richard Biggio suggested a motion be made to offer $45,000 in salary, plus 2-person medical coverage. Gerry Simcoe made the motion. Paul Mortzheim seconded. Roll – Gerry Simcoe: Yes; Paul Mortzheim: Yes; Paul Stermer: No; Lloyd DeMun: No; Richard Biggio: Yes. Motion Carried

Board determined that the best balance was to set the salary for the Highway Superintendent Position at $45,000, plus 2-person medical coverage, with any additional medical coverage payable by the individual taking the position.

NOTE: this increase in the salary for this position does not impact Residents’ taxes because there are savings throughout the budget that ultimately offset this salary increase.

Other line items were addressed and put into the budget formulas. After discussion, it was determined to offer the Preliminary Town Budget for 2012 with a Town Tax increase of 0.269%. Public Hearing is set for Wednesday, November 9th at 7:00 pm at the Town Hall.

Lloyd DeMun made the motion to adjourn. Paul Stermer seconded. Roll – all agreed. Meeting adjourned at 10:15 pm.


Respectfully submitted,
Megan Thistle
Lindley Town Clerk
The Lindley Town Board 2012 Budget Workshop #1 was held on
October 19th, 2011 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
Lloyd DeMun, II – Councilman
Paul Mortzheim – Councilman
Gerry Simcoe – Deputy Town Supervisor
Paul Stermer – Councilman

Richard Biggio called the meeting to order at 7:00 pm
Minutes of the previous meeting were accepted as read.

Announcements:
• Gerry Simcoe picked up a box of paperwork pertaining to Lindley from Kent Woloson, previous Legal Services for the Town. Megan Thistle, Town Clerk, will index the records for Pam Gee and Richard Biggio.
• Mary Lentzen provided Richard Biggio with a Joint Landowner’s Coalition of New York, Inc. seminar addressing road use issues relating to natural gas development. The Seminar is October 24th 2011 at the Holiday Inn Arena in Binghamton. Please contact Shirley Warren at bchubb65@hotmail.com for more information or to register. Registration is needed by Thursday, October 20th by 5:00 pm.
• The Post Office has hired an agency “CBRE” to review their leases.
• The Lindley Caton Pantry of Angels has prepared a brief for use during the budget workshop considerations.

Public Comments:
Kitty Pierce – thanked Harry Pierce for the mortar and bricks he placed around the Ammon Titus chair outside.

Old Business:

Richard Biggio reviewed Pam Gee’s responses to concerns raised at the last meeting:
• Regarding use of a town road to a business in another town – Lindley may look into ways to collect from the business for damages to the road, however this is not considered commercial traffic, and may also open a Pandora’s Box regarding any traffic throughout town that is passing through to another town.
• Does mileage need to be reimbursed to town employees at the Federal rate. Yes.
• Can Town Hall security include a locked door? If the Town can justify why the door is locked, then yes this can be used as a form of security. A buzzer would assist. Gerry Simcoe asked Tracy Wilson, Judge, if a monitor can be hooked up with a tone. This option does exist.

Richard announced that an Audit of the Judge’s financial will need to be scheduled. Tracy Wilson indicated this would need to be done in December as the Court Clerk is out. Tracy Wilson asked if she could hire a Deputy Court Clerk to be used when the Court Clerk is unavailable. Richard B. commented that this comes out of the budgeted contractual account already established

Dick Pierce – asked about a half-door for the court office. Tracy Wilson indicated this had been looked at in the past and something about the door frame made it difficult to put into place. Richard Biggio suggested Tracy talk to Dee Hill about this because the Corning City Manager’s Office just did something like this.

Tracy Wilson said that JCAP grant money is still available and a bank teller window could be put in.

Richard B. indicated that these are more options that can be looked into and considered.

2012 Budge Workshop #1
Kathy Biggio, Finance Director, presented draft budget #1 will requests from employees and Fire Department. Kathy suggested the Highway Superintendent salary be set at $44,000, with 2 person insurance coverage, with the proposal that if the individual needs family, they make up the difference between 2-person coverage and family coverage costs. Kathy also suggested that if they prefer single coverage, the salary be raised to $49,000.

Kathy also proposed a pay increase equalization rate that would cost $4500 total for 2012, but then hold any wage increases for three years after that as we wait for the economy to recover.

Kathy indicated that with this current draft, the budget was showing a decrease of $14 dollars per $1000, compared to last year.

Kathy suggested taking $100 thousand dollars above reserves and put that into equipment for highway in 2012, and to increase the annual savings amount for equipment to $50,000.

Town Board Members reviewed line items and will review salary items at the next Budget Workshop on November 2nd. Richard Biggio stated that the Line Item for the Library should remain a donation. All Board Members agreed.

The Town Board agreed to budget $1400 for the Lindley Pantry of Angels.

Old Business, contd.
Lloyd DeMun asked other Board members why they were reconsidering cameras in the building when they had previously determined not to allow cameras to maintain the ‘user friendly’ nature of the Town Hall. Discussion about having more information/options now; the tone attached with cameras option; keeping the door locked is also an option now. Lloyd was concerned that he was under the impression the Board had made a decision and now it seemed that wasn’t the case.

Fran Tempel wondered if a door buzzer and a half-window would suffice. Discussion of ideas continued without decision.

Next Budget Workshop was scheduled for November 2nd at 7:00 pm, with a Public Hearing Scheduled for November 9th at 7:00 pm.

Paul Mortzheim made the motion to adjourn the meeting, Gerry Simcoe seconded. Roll – all agreed. Meeting adjourned.


Respectfully submitted,
Megan Thistle
Lindley Town Clerk
NOTICE

The Town Board will hold a second 2012 Budget Workshop on Wednesday, November 2nd
at 7:00 pm at the Town Hall.
LINDLEY TOWN PLANNING BOARD
October 17, 2011


At 7:00 pm the regular meeting of the Lindley Town Planning Board was called to order by Chairperson, Mary Lentzen. Board members present included Fran Woodring, Tim Shaddock, Earl Titus, Pat Clark and CEO, David Fuller. Four visitors were also present.

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

Fran W. asked Dave if the NYS Dept. of Health had set any deadline for the installation of the required upgrades at the Bending Rivers Trailer Park. Dave said he would check and noted that some campers have been moved out.

Dave contacted the Town Attorney regarding the Herrick property but has received no response yet.

Mr. Lamonte Osgood, 1035 Bell Hill Road requested a Minor Sub-Division for Tax Map #387.00-01-041.110 to separate a 3 acre parcel from 19.35 acres and combine it with an existing 1 acre parcel with a house.

A Motion to approve the Minor Sub-Division as proposed was made by Earl, seconded by Tim and passed unanimously. A short EAF was filed and $5.00 fee paid.

At 7:21 pm a Public Hearing began to consider a CUP for Krystal Butler and Bernice Lauterborn to place a single wide manufactured home on 85+ acres at 639 River Road, Tax Map #406.00.01-032.111.
As there were no comments from the visitors or Board members, the Public Hearing closed at 7:26 pm.

At 7:29 pm Krystal and Bernice arrived. Mary read to them the Zoning Law requirements and the need to meet the 50' set backs front, side and rear and all building codes. Home is 14' x 72' and the model year is 1994.

A Motion to approve the CUP request with the noted stipulations of 50' set backs (front, side, and rear), must conform to 6.1 Section of the Zoning Law and all Building Codes as stated was made by Earl, seconded by Dave and passed unanimously. A Short EAF was filed and Mary reminded Krystal and Bernice that the $14.45 cost of the Public Hearing Ad must be paid by the applicant.

Dave noted his CEO hours will move to Tuesday nights beginning November 1, 2011.

Kitty Pierce announced the Historical Society will host a “Meet the Candidate” night October 27 and will include refreshments.

Mary suggested Pat C. try the on-line training offered by the state as he is unable to make the training session Oct. 18.

At 7:40 pm a Motion to adjourn by Earl, seconded by Pat C. passed unanimously.

Respectfully submitted,
Janice Oberlander
Recording Clerk
The Regular Town Board Meeting was held October 12th, 2011
at the Lindley Town Hall, 637 US 15, PO Box 62
Lindley, New York 14858.

DRAFT - Official Minutes held at Town Clerk’s Office

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

Absent:
Lloyd DeMun, II – Councilman
Richard Johnson – Highway Superintendent

Attachments:
-attendance list
-agenda
-Correspondence from Pam Gee, Town Attorney, regarding wording of proposed Road Use Law

• Meeting was called to order by Richard Biggio at @ 7:10pm.
• Pledge to the flag completed.
• Minutes of the prior meeting were accepted as read. Please see official minutes in Town Clerk’s Office.
• Reports received from Town Clerk, Historian, Justice, Code Enforcement Officer, Finance Director, and Chemung SPCA.

Announcements by Richard Biggio:
• There will be a Property Tax Webinar soon. Contact Town Clerk for more information
• Bond is offering a Breakfast Briefing for Zoning and Planning Boards for continuing education credits. Richard will forward this to the Zoning and Planning Chairs.
• There is a Pipeline Awareness Safety Brochure available. Richard B. will forward on to Dick Johnson, Highway Superintendent.
• Guthrie/Corning Hospital Auxiliary is holding a luncheon on Wednesday, November 9th to raise money for equipment such as defibrillators and so forth. A table is $500. Individual is $35.00.
• Richard B. received a letter from Guy Hill, Assessor Chair, stating that he is not on the ballot this election and will not accept write-ins. After 30 years of service, the time needed to do the job exceeds Guy’s availability.

Public Comments:

Fran Woodring – requested clarification about the School Tax bill that arrived recently. Kathy Biggio explained that the State Board of Real Property sent representatives to NYS towns to assess a small sample of homes from each town. These assessments were used to determine the State’s Equalization Rate for each town, which changed how much they would request in taxes from towns. Discussion about this: why the bills increased so much without any warning or comment; that school taxes actually went up about 64.5% from last year; it appears property owners are being held hostage by NYS to support expenses; perhaps a coalition of towns in the same position could be created to contest the State’s decision, although it might be too late at this time. Dick Pierce indicated he needed to reduce his Home Owner’s Insurance in order to pay the School Tax bill.

Dave Fuller, Code Enforcement Officer, indicated he will be changing his office hours to Tuesday evenings from 6:30 – 8:00 pm, effective November 1st, 2011.

Jeff Swan asked about the ambulance rate reduction as a Lindley resident. Richard Biggio will follow up on this with Rural Metro/Al Lewis. Jeff Swan suggested it be stipulated during contract negotiations that the rate reduction be shown on the individual’s bill in the future. Gerry Simcoe suggested the issue of ambulance mileage charges also be addressed during the budget workshops. Discussion of what is billed and at what rate (for example if an individual gets into the ambulance unassisted vs. assisted); ambulance service is mandated and there’s no choice but Rural Metro; consideration of challenging the law against using a service across state border.

Jeff Swan asked about number of campers and violations in local trailer courts. Dave Fuller indicated that if changes aren’t made soon, the State Department of Health may be closing Bending River Estates soon for health violations.

Jeff Swan commented that the roadsides in Tuscarora look great from the mowing they are able to do. Discussion of hiring the individual and his equipment periodically, since Lindley doesn’t have that type of mowing equipment. Richard Biggio said he would talk to Tuscarora Town Supervisor, Bob Nichols.

Kitty Pierce announced the Lindley-Presho Historical Society is hosting a Meet Your Local Candidates event during their regularly scheduled meeting. This will occur Thursday, October 27th at 7:00 pm at the Lindley Town Hall. So far two candidates have RSVP’d. A question and answer period will follow brief comments by candidates. Refreshments will be served.

Linda Swan announced that over the past weekend, several residents planted a Japanese Lilac tree in the front lawn, donated by the Lindley-Presho PTA, in honor of the Harris family. Dave Fuller will be doing a plaque. Ceremony will most likely be scheduled in the spring.

Linda Swan asked the Board if the $1000 donation had been sent to the Steuben County Library. Paul Mortzheim made the motion to release $1000 for the 2011 donation to the Southeast Steuben County Library. Gerry Simcoe seconded. Roll – all agreed.
Motion Carried

Old Business:
Dick Pierce asked if the resolution had been made to reduce the speed limit to 40 mph on Steamtown Rd. Paul Mortzheim indicated that the resolution had been made to reduce all Town roads to 40 mph and that it was in process. Richard Biggio indicated that with the Delta data, the town has more data to make the case that the speed limits be reduced.

Town Hall Security – Richard Biggio stated that the Board needed to make a decision on this issue. Panic buttons have been installed. What was the best solution for increased security. Discussion about monitor/buzzer combination; the false sense of security of a monitor; Gerry Simcoe suggested a door buzzer and the person gets up and lets the individual in. Tracy Wilson, Judge, indicated the Town can’t restrict access to a public building. Gerry Simcoe reflected that it seemed towns were grabbing at free money from taxes and just wasting the money. He reiterated his comments from previous meetings that a monitor with an unlocked door is not security. Richard Biggio will check with Pam Gee, Legal Services, about having a door buzzer. He commented that if it’s the Town’s form of security, it doesn’t seem like this can be denied. Richard B. stated that the Board needed to be looking at a positive form of security, not an after-the-fact form such as a recording camera. Discussion continued about security issues.

Delta Road Use Law – Richard reviewed his contact with Pam Gee about key issues the Board had raised about the proposed law (see attached). The Board agreed that items could be modified. Richard will review with Pam and present at next meeting.

Ron Mosher – asked about traffic definitions (Commercial vs. Baseline) on North Clendenning Rd. Significant traffic is driving through Lindley to and from a Tuscarora campground. Richard will review this with Pam Gee and get an answer by next week.

New Business:
• A 2012 Budget Workshop will be done on Wednesday, October 19th during the regularly scheduled Audit meeting at 7:00 pm.
• Regarding the 2% tax cap, when the Board reviews budgetary issues, they will anticipate future needs. Budget decisions will be made based on the 2% cap.
• Mileage Reimbursement announcement – the IRS changed their reimbursement rate again. Richard Biggio will see if this has any bearing on Town business.
• Air conditioner behind the Post Office needs bollards installed before winter. Richard B. will review this with Dick Johnson, Highway Superintendent.

Bills:
Bills were reviewed. Paul Mortzheim made the motion to pay the bills. Gerry Simcoe seconded. Roll – all agreed. Motion Carried.

Richard Biggio made the motion to adjourn the meeting. Gerry Simcoe seconded. Roll – all agreed. Meeting adjourned.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk
NOTICE:
Code Enforcement Officer Hours will change to Tuesday evenings, from 6:30 – 8:00 pm, effective November 1st, 2011.
The Lindley Town Board will hold a 2012 Budget Workshop during the regularly scheduled Audit Meeting on Wednesday, October 19th at 7:00 pm at the Lindley Town Hall.
The Lindley Presho Historical Society is hosting a Meet the Town Of Lindley Candidates of the November 2011 Election. This event will be held Thursday, October 27th at 7:00 pm at the Historical Society's regularly scheduled meeting located at the Lindley Town Hall.
The Road Use Agreement Law Public Hearing and Regular Town Board Meeting was held
September 14th, 2011
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 Mortzheim – Councilman
Paul Stermer – Councilman

Absent:
Richard Johnson – Highway Superintendent

Attachments:
-attendance list
-Property Tax Cap information

• Meeting was called to order by Richard Biggio at @ 7:05pm.
• Pledge to the flag completed.
• Minutes of the prior meeting were accepted as amended.

Announcements by Richard Biggio:
• Reports were received by the Town Clerk, Town Justice, CEO, Historian, and the Chemung County SPCA
• Regarding the question to be put on the ballot this November about the Highway Superintendent position being appointed or elected: Because the position in question was open for election, and there was no candidate, the question needed to be submitted 150 days prior to the election. The question remains a law and will be placed on the ballot next year.

Public Hearing for the Road Use Agreement proposed Law, 7:25pm

Richard explained that the Road Use Agreement Law developed by Delta and Whiteman, Osterman, and Hanna was ready to be adopted by the Town. This law is to enable the town roads to be protected against unusual, excessive heavy road use by contractors for any future development (ie: gas drilling operations). The report is based on an analysis of all town roads at their current baseline of maintenance status and costs, and what a contractor would be required to do if they damage the current road conditions (the baseline). The Law would also determine the route contractors would be required to follow, because not all town roads are built to withstand heavy truck traffic. This protects citizens from bearing the cost of getting their own analysis done or paying for road repair because the Town has already completed that portion and will hold contractors liable for damage.

It was the Board’s responsibility to understand and foresee what might be coming to the Town. Law is well written and covers everyone. It is proactive and benefits/protects everyone.



Public Comments:

Key Points – This Law is a great idea and now the Highway Superintendent has a working document of the baseline of roads.

Road problems foreseen may include the gas industry, loggers, and so forth. This is not meant to be a punitive measure, but a guideline of what is expected.

Road conditions were considered to be pretty good for gravel and the rain we’ve experienced this year. This speaks well of the Road Crew. They are doing what they can with the resources they have.

A search of Town Laws regarding road use will be done, because in adopting this law, any other laws need to be specifically stated as being superseded by this.

Richard Biggio and Megan Thistle read the Law in it’s entirety. (the public may listen to Audio or read Law, in the Clerk’s office).

Paul Stermer raised the issue that this appeared to discriminate against local or commercial contractors delivering to someone building a garage, for instance. Discussion of various sections in the law that protect the roads but also allow for resident home improvement. With this law in place, taxpayers will not pay for undue damage, and for the most part local haulers understand what the town roads can withstand, and use common sense.

Paul Mortzheim asked who was responsible for damage to the road – the person who owns the land or the hauler? It doesn’t seem clear in the Law.

Other concerns raised:
• how often has road damage occurred and how this will be managed if it is adopted. This Law is designed as a protective matter, given the various industries that may come into town. Road signage will be placed; permits will need to be issued by the Highway Superintendent or his designee.
• Concern raised about how this seems like a big ball of wax… what the Highway Superintendent does is separate from the Town Board. However, 40 municipalities are following this type of law. The Pennsylvania road conditions from gas drilling lend support to adopting this law. It was commented by Dick Pierce that the penalties listed at the end of the Law would not be prohibitive, but just a part of doing business, so how does this protect the roads?
• Concern about how violations would be handled in Court. Most likely handled in the Lindley Town Court. Judge will receive a copy of the Law.
• Questions about current traffic on Steamtown, which remains 45 mph. Water trucks; empty dump trucks; also water trucks on Lindley and Morgan Creek Rd. Vince Spagnoletti recently addressed this issue and that seemed to help for a while. These are shortcuts and this Law will definitely help curtail that.

Paul Mortzheim asked that two points be addressed in the Law: Permits and who signs off on the business; and something being set up in the Law that would address Paul Stermer’s concerns so the local contractor isn’t discriminated against by this law. Richard indicated this was covered in the “baseline traffic” definition. However discussion of this definition indicated there was too much ambiguity in the definition. Richard would talk with Pam Gee about how to make this less ambiguous.

One idea for the logistics of a permit would be that the contractor would approach the Code Enforcement Officer for Residential Housing activities, then be directed on to the Highway Superintendent. The permit
could then be issued through the Town Clerk’s office, once approved. This way the Highway Superintendent could monitor and be sure contractors are operating within the guidelines of the permit. Discussion about this.

Paul Mortzheim also raised his concern with Page 4 Item C. Seems like a loophole and didn’t seem to say anything. Discussion. Also, Page 5 J, appears to state there is indemnity during construction/operation (for ex: A road is damaged while operation is ongoing, this causes an accident/death, and the contractor is not held liable?). Discussion. Richard Biggio indicated that page 5, H, ii seems to cover that.

Paul Stermer asked about permits for overweight loads, or rather, loads that the truck is capable of hauling. The local town roads are not capable of handling overweight loads.

Paul Stermer also asked about whether the Town would have to enforce the haulers to pay prevailing wages of workers. Discussion. The contractor would have to comply with NYS standards if a public worker. If workers are Town employees, prevailing wage is not required. Any worker within a construction company who is hired by the Town and who is not the owner of the construction company must be paid prevailing wage by the construction company.

Lloyd DeMun made the motion to table until all concerns can be addressed, and Legal can review. Richard Biggio seconded. Roll – all agreed.
Motion Carried

Regular Town Board Meeting – 8:56pm

Announcements by Richard Biggio
• Bowers and Co. – a CPA firm offers to do audits of Town Justice records.
• The Association of Towns annual dues will be $500

Old Business:

• JCAP grant clarification re-addressed – CPE will provide less expensive services for security including recording cameras. The current question is to go ahead with the 2 cameras or not. Town Board discussed and believed this would engender a false sense of security. Gerry Simcoe wondered how the work would get done if there are two people working but one is watching the monitor at all times.
• A door buzzer/controlled access would be better. Lengthy discussion about how cameras would allow Court Clerk to see who was coming in the door; greater security in the event of violence; potential to dissuade someone from engaging in violence. Board expressed concerns about the false sense of security, and about civil liberties being threatened with the presence of cameras. Even though cameras were everywhere, that doesn’t mean it’s right. Having them in the Boardroom felt like an infringement. Tracy Wilson indicated the monitoring could be limited and the camera in the Boardroom would be facing the Judge’s bench.
• Town Resident, Dale Salisbury, asked that the following be included:

o In essence, Al Salyerds, Town Resident, commented that the Town needs something because he sat near a gentleman at the last meeting who once took it upon himself to shoot his house all apart and thought aliens were after him, the troopers almost shot him. Who’s to say he

o doesn’t take offense to something you do and come wandering in and go at this place. If you make it well-known that behavior is monitored, that might stop some of the thinking but it won’t stop the lunatic. You would know later who did it.
o Gerry Simcoe stated that the same guy who came to the board meeting was messed up because of his medications, it wasn’t anything he did, and that could be true of any of us.

Richard Biggio expressed support for 2 cameras and made a motion to accept cameras as part of the JCAP grant. Gerry Simcoe seconded. Roll, Richard Biggio – yes. All others opposed.
Motion Failed

New Business:

• Ann Pfau, Chief Administrative Judge, sent a letter requesting a copy of the most recent resolution accepting the most recent audit of the Judge’s finances. This was already sent and Richard will see what she’s looking for, as the next audit will be in January 2012.

• There has been an announcement of a 2% Property Tax cap. This will affect the town in a negative way. The Town Board will know better during budget season. But the Town can supersede this decision with a motion by 60% of the Town Board.

Bob Nichols – County Legislator:

• Budget Process – the 2% tax cap exempts retirement system. It appears to be a game that the government may be playing so they look like the good guys by keeping taxes low, then local governments pass for higher taxes, making local governments appear to be the bad guys. The Senators supported the 2% tax cap, but I don’t know about Phil Palmesano.
• There are unfunded mandates for 2012 that will be a $700,000 increase over 2011. These included early childhood intervention, Medicaid, and probation officers.
• Obama’s funding to keep Medicaid costs down is gone. This will now cost Steuben County $1 million. This will mean decreases in things like construction work and sheriff road patrols. The Legislators are talking about overriding this.
• The reserve for the Health Care Facility in Bath will be gone in a couple of years and will need to be figured out. They could sell it to a private vendor, who can then pay their workers less. Currently, residents at the Facility get Medicare coverage for 10 days if they’re 65 years old and older. Then for 3 years it’s covered by their personal assets at $280 / day. Then Medicaid pays after that.
• Regarding Social Services – a great deal is mandated. For example, the time frame from the time of application for services, to the time of determination, is dictated. If that time frame isn’t met, the State fines the County and the costs are more than the cost for a worker.
• HEAP will see changes this year…. Available later in the year.
• Dog Licensing was given up by the State because it was not a money maker.

Bills:
Bills were reviewed. Motion to pay bills made by Gerry Simcoe. Seconded by Lloyd DeMun. Roll – all agreed.
Motion Carried.

Motion to adjourn meeting made by Paul Mortzheim. Seconded by Lloyd DeMun. Roll – all agreed.
Meeting adjourned.


Respectfully submitted,



Megan Thistle
Lindley Town Clerk
Lindley Town Planning Board September 19, 2011


At 7:00 pm the regular meeting of the Lindley Town Planning Board was called to order by Chairperson, Mary Lentzen. Board members present included Fran Woodring, Pat Simcoe, Earl Titus, Pat Clark and CEO, David Fuller. Six visitors were also present.

Minutes of the August meeting were read; a Motion to accept the Minutes as read was made by Earl, seconded by Pat C. and unanimously passed.

Thomas A. Neitz presented a drawing of a proposed Minor Subdivision for Tax Map #424.00-1-041.200. He proposes to subdivide 40 acres from an original 165 acres North of the new Route 15 (the former Paul Stermer lot).

A Motion to approve the Minor Subdivision as presented was made by Fran W., seconded by Earl and passed unanimously. A short EAF was filed and the $5.00 fee paid.

A Minor Subdivision was requested by Melvin Smith, 8770 Gibson Hill Road, Tax Map #387.00-01-030.110 to separate a 2.2 acre parcel with home from a larger 25 acre lot. The property buyer's bank will only mortgage the 2.2 acre parcel with home; therefore, a 2.2 acre subdivision from the 25 acre lot was requested. Mr. Smith will hold the mortgage on the remaining 22.8 acres. Yorio & Roche presented the application for Mr. Smith via mail.

A Motion to approve the Subdivision as presented was made by Earl, seconded by David and unanimously passed. A short EAF was filed and $5.00 fee paid.

Krystal Butler and Bernice Lauterborn asked the Board what needs to be done to place a single wide manufactured home on 85 acres. The Board indicated that a CUP and Public Hearing are required. All agreed they did not foresee any problems with placing the home on the 85 acre lot since set backs can easily be met. Perk tests are underway and Dave reminded them that the well must be placed at least 100 feet from the leach field. A Public Hearing will be scheduled for October 17, 2011.

Oct. 18 a training session will be held in Big Flats concerning Rural Planning, Revising Zoning, and CUPs. Mary, Pat S., Fran W., Dave Fuller and possibly Pat C. will attend.

Thursday, Sept. 22 at 6:30 pm the League of Women Voters will host the DEC environmental review of the Marcellus Shale at the Steel Memorial Library in Elmira.


The Planning Board received a letter dated August 25, 2011 from Dominion regarding Dominion Transmission, Inc. - Tioga Area Expansion Project Land Use Information Request. As Lindley's involvement was equipment modifications within existing Lindley Gate, no action was required by the Board.

Concerning the Hawbaker Mining property on County Rt. 120 (River Road), copies of the Hawbaker Mining Permit and the records from the previous Mining/CUP issued to Robbins and Tyjor were made available for Board review. The Board agreed since the CUP had not been used for more than a year, Hawbaker must file a new CUP. A stop order was issued in 2005.

Dave reported on his inspection of the Bending Rivers Trailer Park. The NYS Dept. of Health has issued the Trailer Park owners a warning they will be shut down if the State's requirements are not followed. Dave noted there has been an issue with campers placed in the trailer park section and trailers placed in the campground section which is not allowed. They are currently updating the park electric, water, and sewer; no building permit is required for these upgrades.

Campgrounds are licensed by the State. Dave stated the Lindley Zoning Law has minimal regulations regarding campgrounds, no limit on size or number of campers, just the restriction that camper living has a six-month limit. It was determined that the Town needs to regulate camping better and Board members need to determine what areas should be covered.

Kitty Pierce reminded Board of the Historical Society meeting scheduled for Thursday, Sept. 22.

Dave gave a permit to replace the burned out trailer on the Herrick property to Jeff and Jessica Neally. In researching the original CUP, Dave discovered the original CUP was issued May 17, 1999 as a temporary second residence to be renewed in two years. It has never been renewed. Dave will consult the Town Attorney for advice on how to proceed.

At 8:25 pm a Motion to adjourn by Earl, seconded by Fran was unanimously passed.

Respectfully submitted,


Janice Oberlander
Recording Clerk
The Lindley -Presho Historical Society will resume monthly meetings on Thursday -September 22nd 7 P.M. at the Lindley Town Hall.

Several new Family Histories and books that have been added to the Historian's files will be available for browsing.

I am bringing Dick Riffle memoirs that I purchased from him. He is working on a program so those interested can read it on line at home and print it out if they wish. (Hope to know more by the meeting .)

Other notebooks from the files will , also , be available for viewing.

We always have a good time when we just visit and share stories-so thought this meeting would be a good time to that again .

Hope you had a great summer .
Kitty
The Public Hearing regarding the Highway Superintendent Position being elected vs. appointed was held August 31st, 2011 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
Paul Mortzheim – Councilman
Gerry Simcoe - Councilman


Absent:
Richard Johnson – Highway Superintendent
Paul Stermer – Councilman


Attachments:
- attendance list
- Dick Pierce’s Commentary
- Al Schoonover’s Commentary
- Legal Opinion
- Sally Orr’s Commentary
- Star Gazette Article

• Meeting was called to order by Richard Biggio at @ 7:02pm.

• Pledge to the flag completed.

Announcements by Richard Biggio:

• Richard introduced the meeting, indicating this was not a debate but an opportunity for residents to express their input on whether they felt the Highway Superintendent Position should remain an elected position or become an appointed one.

• Richard stated that over the past year, petitions had been received both in favor of, and in opposition to, the position becoming appointed. The Board determined that action was warranted and the public hearing was to address both points of view and decide if it would go to ballot.

o Richard read an article posted in the Star Gazette written by the President of the NYS Supervisor of Highways, reflecting opposition to making the position appointed.

o Richard read the letter sent by Sally Orr, reflecting her concerns that sending the referendum to a vote would potentially remove the voters rights to vote on this position in the future.

o Richard read a legal brief on a Highway Superintendent position becoming an appointed position, and that this would be beneficial to a town.

• Richard commented that the town is losing a very good man for the job, who has put in untold hours over the past 34 years.


Public Comments:

Jack Smith: What was the Commission mentioned in the readings?

Jim Lundgren: This was Cuomo’s commission during his budget process. I would like the question of elected vs. appointed on the ballot in November. I am strongly in favor of an elected position. Our walls show pictures of people who served Lindley and they didn’t die so Lindley could give up their right to vote. This movement has been going on a long time. Our freedoms are being undermined as if we aren’t fit to vote. I’m fed up with my government telling me I shouldn’t vote. Ben Franklin was asked “what have you wrought”. He replied “a Republic, if you can keep it.”


Richard asked for an informal vote from the audience of who agreed with Jim’s sentiments. Large majority raised hands.


Dick Pierce: I have 39 residents on a petition to keep the Highway Position elected. We want to keep it elected. Dick Pierce read his comments: in summary: 1. Aware of Governor Cuomo’s Commission to reorganize NYS. The big push was to consolidate. 2. Abe Lincoln once said you can fool some of the people all of the time and all of the people some of the time, but you can’t fool all the people all of the time. Replace the word “fool” with the word “please” and you can appreciate Dick Johnson’s job. 3. I raised my right hand and swore to protect our constitutional rights. Please don’t give up your right to vote for our Superintendent of Highways.


Richard Biggio: We are here for the same reasons. We want better roads.

Al Salyerds: If it’s not on the ballot, will it stay elected? I’m against it going on the ballot.

Richard Biggio: Richard asked for a show of hands of who agreed that it should remain an elected position. Large majority raised their hands.


Discussion continued, with the following key points (audio is available for listening during Clerk hours):

• Qualifications of position – anyone can be elected in and then must pass the Civil Service Exam.

• A defensible plan developed by an engineer is needed.

• The 3-man crew for the past year has done an excellent job but is not best case for safety and snow removal.

• Pay and benefits currently stand at approximately $54,000. This is going to be reviewed during the budget season after September. Nothing has been discussed at this point. This job is salaried and so there is no overtime pay. Lindley Highway salary is comparable to most other towns. Current Benefits package is for 2 person home. Future benefits will be discussed during budget season.

• Al Schoonover: Three issues – Highway is the greatest expense and asset of the town. We’ve had the same Superintendent for 34 years in all kinds of weather, hours and health. He had 2 mentors, and he is responsible for: maintenance of 50+ miles of road; crew and staff; truck and equipment; repairs; paperwork; no extra pay; OSHA regulations; instruction of safe use of equipment; finances of $551,881/year which is 68% of the town budget.

• Discussion regarding if it’s appointed, there are 5 people vs. one person to manage all the above.

• Discussion of the absence of a current application. Richard Biggio is not running but would consult with the Board if asked. Cornell Local Roads also has a program that would greatly benefit the next Highway Superintendent. The Delta Engineers Road Use Agreement has looked at all roads and would be a good start. It wouldn’t take much to start improving the roads.

• At the current time there is no road plan. The Board went forward with the Delta Road study to prepare for future plans.

• Money is still allotted for Dust Control every year. The money used for the Delta project was not money taken from Dust Control. There is a surplus of money for Dust Control in the budget every year.

• If no one runs for the position this fall, someone will be appointed in January for 2 years. The individual previously interested should run. If he gets elected he can then see what discussions have occurred regarding benefits and salary. He can still keep his old job and decline the election if it doesn’t meet his needs. No meetings have occurred in public or private about the budget at this time.

• The salary and benefits would remain the same once determined at budget time, regardless if the position was appointed or elected.

• An appointed position would have duties that by law the Board cannot interfere with. An elected official has even more leeway. If appointed, there is a lot the Board can stipulate, but serves at the pleasure of the Board.

• If the appointed position gets elected through, it will remain an appointed position until the public goes through this process again and elects to make it an elected position.


Board discussed among themselves in the presence of the public. Paul Mortzheim made the motion that the Board pass a Town Law: the option to choose to make the Highway Superintendent Position an elected or an appointed position be placed on the November 2011 ballot. Roll: Gerry Simcoe – yes; Paul Mortzheim – yes; Richard Biggio – No; Lloyd DeMun – yes.

Motion Carried

Richard Biggio called for an Emergency Meeting at 9:00 pm to write the local law voted on in the Public Hearing.


Resolution to Place the Highway Superintendent Elected vs. Appointed Question On the November 2011 Ballot


Whereas: the Town Board recognizes the local petitions supporting that the position of Highway Superintendent be placed on the ballot as a permissive referendum and,


Whereas: the office of the Highway Superintendent will be an appointed position for the term of two years, effective the general election of November, 2013.


Now Therefore be it resolved: the Town of Lindley in Steuben County, New York, puts forth on the 31st of August, 2011, Local Law #2 of 2011 entitled The Town of Lindley Highway Superintendent Referendum, to become effective during the next General Election in November, 2013.

Gerry Simcoe made the motion to adopt the Resolution. Richard Biggio seconded. Roll – all present agreed.

Resolution Passed.




NOTE: The following day, clarification from the Board of Elections was sought, regarding how the question needed to be stated on the ballot. During this conversation, it was discovered that because this position was up for election this year, the Town Board needed to file the question 150 days prior to the election. This question will not appear on the General Election Ballot of November 2011.


Respectfully submitted,

Megan Thistle
Lindley Town Clerk
9/11 Anniversary Memorial & Remembrance Service

The Presho United Methodist Church Invites you to attend a very Special 9/11 Anniversary Memorial & Remembrance Service at 9:00am, Sunday, September 11, 2011.

We will come together to remember the 9/11 victims, survivors, and the many that rose in Service in Response to the 9/11 tragedy, including First Responders. We will honor the members of the Town of Lindley's Fire Department for their Service as our own First Responders. Catherine Pierce, Town Historian assisted by Sally Orr will share the history of our Fire Department with photos and stories of their dedicated service.

A special Brunch will be served immediately following the service. All Brunch donations will be presented to our Fire Department. Hope to see you! Contact Sandy Hall (523-7236) or Brenda Criss (523-8083) for further information.
WVIN 98.3 FM is recognizing active duty service members from our area each Wednesday at 11:45am. They have asked if I could continue to help the station gather names and information.
The requested information is:

Rank:
Name:
High School and year of graduation:
Branch of service:
Current assignment:
Spouse and children's names (if applicable):
Parent’s names and where they live:

You can drop this form off at the Steuben County Veterans Service Agency, 20 E. Morris St. in Bath or e-mail the information to deniso@co.steuben.ny.us . She will make sure that it gets to WVIN.Thank you,
NOTICE
Town Clerk's Office is Closed Monday, September 5th for Labor Day.
There will be a Public Hearing on Wednesday, September 14th at 7:00 pm at the Town Hall. The Public Hearing will address adopting the Delta Road Use Agreement Local Law. Regular Board Meeting will follow.

Lindley Town Board
8/29/2011
The Lindley-Presho-Caton Pantry of Angels Food Pantry is holding a Pancake Breakfast Saturday, September 10th from 10:00 am - 12:00 noon at the Caton United Methodist Church. All are welcome to attend. Donations are appreciated.

The Lindley Town Audit Workshop and Old Business Meeting was held on
August 17th, 2011 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
Lloyd DeMun, II – Councilman
Paul Mortzheim – Councilman
Gerry Simcoe – Deputy Town Supervisor

Absent:
Paul Stermer – Councilman

Richard Biggio called the meeting to order at 7:00 pm
Minutes of the previous meeting were accepted with amendments.

Old Business:
Richard Biggio initiated discussion of the Cemetery RFP. Ron Smith of Addison reviewed his experience with mowing, and his planned direction for Fairview Cemetery. Discussion occurred about collaboration with a town volunteer group, number of mows planned per season, what to do with flowers/containers at the end of the year, and the shrubbery and overhanging limbs at Fairview. Town Board and Mr. Smith decided Mr. Smith would begin this weekend, finish out the mowing season, and take notes about things that are needed. He would also mow Lindsley and Fairview not more than 8 times in 2012. Work would include mowing, weed-whacking, and clearing off the headstones. If Town Board and Mr. Smith agree, contract would continue into 2013. Paul Mortzheim made the motion to accept the agreement as discussed. Lloyd DeMun seconded. Roll – all agreed.
Motion Carried

Richard Biggio indicated the Public Hearing regarding the Highway Superintendent position needed to be scheduled. Marc Stocum asked for clarification about the Board’s planned direction regarding health insurance for the position. Richard acknowledged that while the budget process hadn’t started and there was no real indication of what the results would look like, the Board would be looking at changing the health insurance plan for the position, meaning that it may no longer be the same plan as the Teamsters, as in years past. Marc Stocum expressed appreciation for the Board’s honesty and said that he would not be running for the Highway Superintendent position after all.

The Board set the Public Hearing for the Highway Superintendent position (appointed vs. elected) for Wednesday, August 31st at 7:00 pm at the Lindley Town Hall.

Richard stated that another Public Hearing would be needed to discuss making the Delta Engineering model law a local law. This law would reflect the findings of the Road Use Analysis and protect the taxpayers from the burden of paying for road damage caused by heavy equipment road use. Discussion about how to keep track of, and enforce, the law. Mechanisms would be dictated by the law, requiring notification of DEC and the State of the local law, and that any company that seeks a permit from DEC to work in this area would then be directed to the Town of Lindley.

The Town Board decided to hold the Delta Engineer Model Law Public Hearing on September 14th at 7:00 pm, with the Regular Town Board Meeting to follow.

The Town Board agreed to pay the final invoice of the Delta Engineering project.

Richard announced that Pam Gee is reviewing the law regarding Towns setting their own speed limits.

Lloyd DeMun announced that he spoke with Ted Walker of Cold Springs regarding the Kuhl Rd. bridge. Mr. Walker will strip the bridge and place fabric and new paving over the bridge after straightening Watson Crk Rd. Time frame is unknown at this time.

Emergency Business
Richard announced that Tracy Wilson was seeking guidance on the JCAP grant. She has been unable to get a response from the original contractor regarding the panic button installs. She is time-limited with respect to spending the JCAP grant, and after further research she proposed going with a different contractor who would provide duress buttons and security cameras at a lower annual cost. Discussion about the need for cameras and the false sense of security these would offer. Councilmen determined that cameras were not acceptable but a controlled entry/door buzzer was preferable.



Paul Mortzheim suggested that given Dick Johnson’s years of service, the town should do something of significance for him. It was decided that after the election, the Town would re-address this.

Audit:
Audits were completed on the July 2011 Town Clerk financial records.
Audits were completed on the June and July 2011 Finance Director financial records.

Lloyd DeMun made the motion to adjourn the meeting. Gerry Simcoe seconded. Roll – all present agreed.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

The Lindley Town Board will hold a Public Hearing regarding whether the Highway Superintendent position should become an appointed position, or remain an elected position. The Public Hearing will be held on Wednesday, August 31st at 7:00 pm at the Lindley Town Hall, 637 US 15, Lindley.

By order of Richard Biggio
Lindley Town Supervisor
8/18/2011
Town of Hornby
In co-operation with
Steuben County Public Health Service
Will sponsor a

Free Rabies Clinic
Open to all residents of Steuben County
At the Hornby Highway Garage
5004 Dyke Road

Friday September 9, 2011
5:00 pm to 7:00 pm

Dogs, cats & domesticated ferrets welcome. Dogs must be on leashes. Cats and domesticated ferrets must be confined.
Please bring proof of prior rabies vaccination.

Due to increasing costs, a $5.00 donation per pet is requested, but not required.

For more information call
Hornby Town Clerk @ 962-0683
RABIES CLINIC
SPONSORED BY:
TOWN OF CATON
In cooperation with
Steuben County Public Health Service

Caton Fire Hall
1118 Caton Road, State Rte 225
Friday, September 23, 2011
5:00 to 7:00 pm
Dogs and cats welcome and must be confined.

Please bring proof of prior rabies vaccine record,
if available.
DUE TO INCREASING COST OF VACCINE,
DONATIONS ARE APPRECIATED.


For more information call
Caton Town Clerk @ 524-6303
LINDLEY TOWN PLANNING BOARD
August 15, 2011

At 7:00 pm the regular meeting of the Lindley Town Planning Board was called to order by Chairperson, Mary Lentzen. Board members present included Pat Simcoe, Pat Clark, Earl Titus and CEO, David Fuller. Steve Ritter, ZBA Chairman, and 3 visitors were also present.

Minutes of the July 18, 2011 meeting were read. A Motion to accept the Minutes as read was made by Pat C., seconded by Dave and passed unanimously.

The Board reviewed an Area Variance Application submitted to the ZBA by Holly Rowles of 9394 Caroline Drive, Tax Map #406.03-01-028.000. The request is to get a waiver on the required 25' rear yard setbacks for undersized lots. They would like to add an accessory building with 8' rear and side setbacks.

10.0.6 Existing Undersized Lots in the Town Zoning Law states:

4. No detached accessory building shall be located closer to a side lot line than five (5) feet and three(3) feet to the rear lot line if no easement is located along such rear lot line.
5. All other density requirements are complied with (10% maximum lot coverage).

Per a drawing submitted with the Application and the Zoning Law, the Board and ZBA Chairman, Steve Ritter, agreed a Variance was not needed. Steve will contact applicant.

Rich Biggio contacted the NYSDEC and requested a copy of the renewed mining permit issued to the property located on Route 120.

At 7:23 pm Earl made a Motion to adjourn, Pat C. seconded and the Motion passed unanimously.

Respectfully submitted
Janice Oberlander
Recording Clerk
The Regular Town Board Meeting was held August 10th, 2011
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 Mortzheim – Councilman
Paul Stermer – Councilman

Absent:
Richard Johnson – Highway Superintendent

Attachments:
-attendance list
-agenda

• Meeting was called to order by Richard Biggio at @ 7:02pm.
• Pledge to the flag completed.
• Minutes of the prior meeting was accepted as amended. Please see minutes in Town Clerk’s Office.
• Reports received from Town Clerk, Historian, Justice, Code Enforcement Officer, Finance Director, and Chemung SPCA.

Announcements by Richard Biggio:
• A letter was received by Governor Cuomo discussing efforts to reform local government.
• A letter was received by Senator Schumer regarding money available to preserve the history and culture documenting Democracy. Kitty will receive a copy.
• The DEC is offering grant money to support residential concerns and education addressing environmental dangers to the communities, as well as other grant opportunities:
• Dietary
• Housing
• Interprofessional Collaboration
• Literacy
• Water Tankers on River Road – Made a complaint to Vince Spagnoletti. Within 3 hours the trucks had been rerouted. Paul Mortzheim asked about water removal at the boat launch – this could be Cold Springs drawing water. They have a permit.
• There are mandates coming regarding sewage treatment plants – they will soon be required to remove pollutants like nitrates and phosphorus. This is in spite of the fact that these pollutants are not locally created.
• NYSDOH - There was a brown bat checked for rabies. Unfortunately the specimen was in poor enough shape that a test could not be conclusively drawn.

Public Comments:
Dick Pierce – raised concern about the intersection by Lindley Church at Watson Crk Rd. Trucks have to line up and traffic slows. It’s dangerous.

Gerry Simcoe – they’re going through Lawrenceville and the back road to get here.
Dick Pierce – also, the mailbox next door is obstructing the view of the southbound traffic when leaving the Town Hall parking lot.
Richard Biggio – Paul McAnanny has put up more signage. He says that the level of complaints about rumble strips would necessitate removal within a couple weeks.
Dick Pierce – could we widen the turn?
Kitty Pierce – could we make from Green Shingles to Presho a construction zone?
Richard Biggio – Different activity levels mandate signage. We may need to tough it out until 2014.
Jim Lundgren – Will it be 2014 or 15? The Field Office is telling me at least 2015 now. Truck traffic is a State of NY issue.
Richard Biggio – it’s a money issue. It’s a balancing act between normal maintenance costs, and sometimes big projects suffer. It’s a safety hazard but they’re signed, and they’re enforcing it.
Dick Pierce – it’s an issue of common sense.
Jim Lundgren – McAnanny told me they adjust the highway speed based on how fast people are driving.

Dave Fuller – Just to let the Board know, Bending River Estates is going to be doing some digging and repairs. Nothing yet that needs a permit.

Fran Woodring – What about that DEC permit issue on River Rd. - Hawbaker section?
Richard Biggio – Mr. Army has sent everything the Board needs except the drawings. We are reviewing this and there’s no need for action for a mine. Their sole purpose of acquiring that entry across from the Clark’s is to avoid competition in the future. Hawbaker’s will still need to come to the Lindley Planning Board before it becomes an active site, or Lindley Town will sue DEC.
Fran Woodring – does that permit allow mining?
Richard Biggio – It needs improved drainage and correction action first. They will need to go through a re-permitting process first.
Gerry Simcoe – are they liable for the damage to Watson Crk Road?
Richard Biggio – as they take action we will keep an eye on them.
Lloyd DeMun – and there’s no other access?
Richard Biggio – it’s too steep or roundabout.

Steve Ritter – The Planning and Zoning Boards have reviewed the Comprehensive Plan and the Zoning Laws to check for any gaps. The inconsistencies seem to be around Conditional Use Permits. Our goal is to align these documents. As we continue working, we will come to the Board with our recommendations.

Willis Haar – to Dave Fuller – there is a single-wide trailer now on River Road behind a barn, where the trailer burned this year. Discussion about whether there was an appropriate permit in the past, with contingencies. Dave Fuller will review paperwork.
Dave Fuller - requested the Planning and Zoning Boards attach property number with decisions so Dave can more readily access information in his files.

Linda Swan – What do we do about trespassers and theft on our property?
Richard Biggio – call the sheriff/troopers.

Paul Mortzheim – My opinion is to contact Vince Spagnoletti and see about making all the town roads 40 miles per hour. Discussion about whether this is actually a State decision. Richard B. indicated this might be something that could spin-off from the Road Use Agreement. Ron Mosher suggested a website address that he could provide. Richard Biggio also indicated he would do a search for this site. This provides information regarding townships to setting their speed limits.

Old Business:
Richard Biggio raised the discussion about what to do regarding the Highway Superintendent Position (put on ballot for public to decide if it becomes appointed or remains elected). Discussion about giving up the right to vote by making it appointed; allowing more people (Board Members) input on the use of the budget (if appointed). Next step would be to decide as a Board to hold a public hearing and then vote based on public views on whether the question is placed on the ballot in November. If the public votes in November to make the position appointed, then the discussion becomes what level of service is the town willing to fund.

Gerry Simcoe commented that it appears, based on the petition initiated by Al Schoonover, that the Board should move ahead and let the voters decide at the election. Paul Mortzheim agreed. Paul Stermer indicated he was neither for nor against. He commented that this was the third time this has come up, to his knowledge. Lloyd DeMun wondered what it would hurt to put it on the ballot.

Jim Lundgren expressed his concerns with the effort the town’s and nation’s military have put into keeping our freedoms and it seems freedoms are removed one at a time. Further discussion about the drawbacks including more work for the Board, removal of voter’s rights, fears about whether this then means another position of management to manage the appointed person; Pat Clark commented on the potential to have more control over how a person functions and possibly get someone better if appointed.

Ron Smith asked if anyone had spoken to Dick Johnson. Paul Mortzheim indicated that Dick has said he doesn’t like the idea of an appointed position. Richard Biggio commented that he doesn’t like the appointed position idea, because then the person serves at the pleasure of the Board and can always wonder “when are they going to get rid of me.” Kitty Pierce pointed out that the current Board make-up won’t always be the same. Richard Biggio acknowledged and said that would be why there would be amendments made to the law. Further discussion about majority rule, pros and cons of appointed or elected.

Paul Mortzheim made the motion to put as a Public Referendum to change the elected Highway Superintendent position to an appointed Highway Superintendent position. Seconded by Gerry Simcoe. Roll: Lloyd DeMun: yes; Gerry Simcoe: yes; Paul Mortzheim: yes; Richard Biggio: yes; Paul Stermer: no.
Motion Carried

Richard Biggio indicated that the next meeting will cover when to organize the public hearing for this motion.

New Business:
Richard announced that the Deputy Town Clerk and the Custodian have resigned after many years of service. He stated that this will be a loss in both cases and difficult to replace. Richard indicated his plans to recognize their service with a plaque or some token. This will be discussed further. Paul Mortzheim indicated he thought there was about $200 in the budget to allow for this.

Richard opened the Bid from Ron Smith of Addison for the Cemetery Mowing. Richard reminded the public that the bid was in response to the one mowing episode earlier this year. The bid was read and Richard indicated Ron will need insurance. The Board will need to call his references. Process will go from there.

Jim Lundgren asked about the procedure for bids and commented he had planned to offer to do this for $200 per mow, with the 4th free. Richard indicated it had been in the papers and posted at the Town Hall, with a due date of August 6th. Richard B. indicated if Ron Smith works out for the Town, they will not re-bid the job if happy with his work. Jim Lundgren asked to be informed, if bidding again.


Ron Smith indicated he does Cemetery mowing in Addison and will be present next week to answer questions from the Board per Richard Biggio. Ron stated that he will mow both Lindsley and Fairview for $550 total each time. Richard indicated they will go over details at the next meeting.

Richard commented on the Dog Census. There has been a good response. There are about 100 people to double check with through visits by Chemung SPCA, either because they didn’t respond, or needed more time for rabies shots. There are currently 360 dogs licensed in Lindley, up from 187. The money coming in pays for the contract with Chemung County SPCA and licensing fees at the Town Clerk’s office, since NYS is no longer paying for tags and renewal forms/postage/ink.

Richard indicated that the Engineer Report for the Road Use Agreement for Delta is complete. The Board will review. Discussion about how this will protect the roads if they come under heavy road use; who keeps track of the information/road use; training that goes with the report. Richard B. will talk with Delta regarding the time frame for the training.

Richard stated that there has been a request from the Election Inspectors that they have a key to the Town Hall on the days of elections. Gerry Simcoe made the motion to provide a key to the Election Inspectors for the day of election. Lloyd DeMun seconded. Roll – all agreed.
Motion Carried

Bills:
Bills were reviewed. Paul Mortzheim made the motion to pay the bills. Gerry Simcoe seconded. Roll – all agreed. Motion Carried.

Paul Mortzheim made the motion to adjourn the meeting. Richard Biggio seconded. Roll – all agreed. Meeting adjourned.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk