LINDLEY TOWN PLANNING BOARD February 21, 2011


The regular meeting of the Lindley Town Planning Board was called to order by Chairperson, Mary Lentzen, at 7:05 pm. Board members present included, CEO, David Fuller, Pat Clark, Tim Shaddock and Fran Woodring. One visitor was also present.

Minutes of the January 17, 2011 meeting were read. A Motion to accept the minutes as read made by Tim, Seconded by Fran passed unanimously.

Fran reported on his conversation with a Planner for STRPB, Chelsie Robertson, who sent him a copy of a contract for eight different categories the Town may choose from if the Town wishes to use STRPB's services in the future. Fran will find out the costs involved.

Ms Jacquat from Wyoming is available to address the County's gas drilling issues and would come to talk to the Town of we are interested. Dave Ballard will be speaking to the Town Board at their next meeting concerning gas drilling in our area.

A discussion began on a request for a Minor Subdivision from Fred Heffelfinger; Tax Map Lot number 389.00.01-01.000, on Davis Road. Mr. Heffelfinger is requesting that a 5-acre parcel with his house and out buildings be separated from his 80-acre parcel. The buildings will meet the 50' setback from the new lot line. A neighbor will purchase the 75-acre parcel which will include a right-of-way from Davis Road.

A Short EAF was filed; the $5 fee was received. A Motion to accept the Minor Subdivision as proposed was made by Fran, seconded by Pat and passed unanimously.

Discussion began on the Conditional Uses and Their Potential Impact. Several questions and concerns were raised: Fran – What are the differences between a CUP and a Variance?; Dave – Why does the Town have both a Planning Board and a Zoning Board?; Does it benefit the Town to have both? Visitor – Which gives more power to the Board? Mary noted Pat Simcoe's comment that Conditional Uses did not support the Comprehensive Plan.

Dave believes the Planning Board's function is to plan the Town's future. Tim suggested that better flow of the process would greatly improve if applicants went to the Zoning Board first. Mary will ask Steve Ritter for his input. The Planning Board will further develop their proposal that will apply the proper attention to applications before approaching the Zoning Board.

Pat C. asked what Town officer or Board is responsible for asking the County to address the deplorable condition of the River Road caused by the winter conditions and the heavy Hawbaker truck traffic from last year which used both ends of River Road for their travel and not just the Presho end of River Road as they had indicated would be done. Pat was advised to contact Mr. Spagnoletti directly with his request. It was noted that a Bond was posted by Hawbaker for the Presho end of the River Road but none was posted for the southern end of the River Road.

A Motion to adjourn was made at 8:30 pm by Pat C., Seconded by Tim and passed unanimously.

Respectfully submitted,


Janice Oberlander
Recording Clerk
The Lindley Town Audit Workshop and Old Business Meeting was held on
February 16th, 2010 at the Lindley Town Hall, 637 US 15, PO Box 62
Lindley, New York 14858
Official Copy held at the Town Clerk’s Office

Present:
Richard Biggio – Town Supervisor
Paul Mortzheim – Councilman
Lloyd DeMunn, II – Councilman

Absent:
Gerry Simcoe – Deputy Town Supervisor
Paul Stermer – Councilman


Meeting called to order at 7:06pm
Pledge to Flag completed.

Richard Biggio announced:
• Legal is reviewing procedure to address public use of Town Hall.
• Received January and February Highway Superintendent’s Report
• Received Delta Attorney information regarding the Delta Road Use Agreement. This will need to be reviewed and discussed

Paul Mortzheim stated that he had spoken with Angela Darkins of the Power Authority POKR grant. She needs Schedule C out of the POKR grant application.

Audit:
Audits were completed on the January 2011 Town Clerk records, and on the October, November, and December 2010 Bookkeeper records.

Paul Mortzheim made the motion to adjourn the meeting. Lloyd DeMun, II seconded. Roll – all present agreed.

Meeting adjourned.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk
Town Clerk's Office is closed on Monday, February 21st in observance of President's Day.
The Regular Town Board Meeting and New Dog Law Public Hearing was held February 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
Gerry Simcoe – Councilman
Paul Mortzheim – Councilman
Paul Stermer – Councilman

Attached:
Attendance List
• Meeting was called to order by Richard Biggio at @ 7:02pm.
• Pledge to the flag completed.
• Reports were received from Town Clerk, Justice, Historian, Supervisor, and Highway Superintendent.
• Minutes of the prior meetings were accepted as read.

Announcements by Richard Biggio:
1. David and Karen Ballard will be doing a brief Gas Pipeline presentation next month at the Town Board meeting.
2. Kitty Pierce has provided a list of donors for the park and the next bench.
3. Delta has provided two draft copies of the Road Use Agreement findings. Board members will look through these for the month and respond.
4. Rabies clinics are beginning to be scheduled. Megan will work with Chemung County SPCA to schedule one in Lindley, hopefully for mid to late May.
5. Steuben County Workers Comp has sent a bill for 2010 remaining charges and 2011

Public Comments:
Jim Lundgren – has heard discussion about changing the Highway Superintendent position from Elected to Appointed. Is this something the Board is doing?
Richard Biggio – the Board received a petition from residents indicating they would like to do this. There is a proper legal procedure for getting this on the ballot. In May 2011 the Board will revisit this and the body that wants the position changed will have to go through the proper procedure. If procedures are satisfied it will go on the ballot in November 2011 and the voters will decide. It’s not for the Board to decide.
Jim Lundgren – A loose dog that appeared to be a pit bull. Chemung SPCA came with only a rod and loop. Is the town liable if the catcher is injured?
Richard Biggio – No, the catchers are insured and trained.

Public Hearing regarding Licensing, Identification & Control of Animals in the Town of Lindley:
Richard Biggio indicated that the State has mandated that local towns take over the laws of managing dogs/animals. The proposed Law is to protect residents and animals, and provides criminal and civil penalties.

Richard reviewed key aspects of the proposed dog law and indicated that the Town wants to complete a census as well, and is looking into the best approach to doing this.

Public Comments:
No public comments

Public Hearing closed at 7:42pm and returned to Regular Town Board Meeting.

Old Business:
Lanny Plumley - presented a listing of approximately 9 dogs just on Gibson Hill Rd that he is aware are not licensed. Town Clerk accepted and placed on file in the Town Clerk’s office. Lanny indicated that he is concerned for the wellbeing of his grandchildren and in 30 days will contact the Health Officer if the Board does not address the unlicensed dogs issue. Lanny stated that if he doesn’t get help from the Health Officer, he will contact Ag and Markets because the Town Board doesn’t seem to be doing anything about this issue.
Richard Biggio – indicated that in the Board’s discussion about how best to do a census, they may take a different approach based on the information Lanny provided. The Town Board will take Lanny’s information and concerns into consideration and figure out how best to address the issue.

New Business:
1. There needs to be consistency regarding the use of the Town Hall for private parties. This is being reviewed by our Legal for nongovernmental business and who’s decision it is. May need a public referendum but we’re waiting on legal opinion.
2. We need an emergency person for Town Hall maintenance so it can be a simple matter to get someone in if pipes freeze and break, boiler breaks down, there are electrical issues/internet issues. Perhaps become an annual appointment or service agreement.

Vote:
Richard Biggio - Regarding the proposed Licensing, Identification & Control of Animals in the Town of Lindley law, is there any discussion? No discussion. Lloyd DeMun, II made the motion to adopt the Local Law 1, 2011 entitled above. Gerry Simcoe seconded. Roll – all agreed.
Law adopted

Lanny Plumley – is there going to be a rabies clinic? Megan – yes, hopefully in May.
Kitty Pierce – Could a college kid do the dog census?
Richard Biggio – there are issues of training, legality, town liability.
Dick Pierce – If there were still a Town Constable, this sounds like what they would do.
Kitty Pierce – Does the SPCA do random drives through the town?
Richard Biggio – They respond when called.


Town Board entered an executive session to discuss Union negotiations at 8:03 pm.
Town Board returned to Regular Board meeting at 9:16 pm.

Bills:
Motion to pay reviewed bills made by Paul Mortzheim, seconded by Lloyd DeMun, II. Roll – all agreed.

Motion to adjourn made by Lloyd DeMun, II, seconded by Paul Stermer. Roll – all agreed.
Meeting adjourned

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

211 Helpline Announcement

February 11 is National 2-1-1 Day! Many of you have dialed 2-1-1 to find services or volunteer opportunities in your community. You may have also visited 211.org to find a 2-1-1 provider in another part of the country. You may have referred a friend or family member to 2-1-1. In 2010 we estimate that close to 20 million people across the country used 2-1-1 to find help or give help!

We want to spread the word about 2-1-1, using the power of the internet and your personal and professional relationships. Please repost this message in as many places as possible – Facebook, LinkedIn, blogs, emails, hobby or personal interest lists. Visit 211.org to find and link to your local 211 provider.

Help Starts With 2-1-1.

Thank you for sharing this message to help others!!!

2-1-1 HELPLINE

Carol Wood
Director, 2-1-1 Helpline
Institute for Human Services, Inc.
Tel: 607.776.9467 ext. 219
Fax: 607.776.9482
Email: woodc@ihsnet.org
Web: ihsnet.org

Justice Department Audit on February 8, 2011

Meeting Called to Order by Richard Biggio at 7:10pm

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 February 8, 2011, at 7:00 pm, prevailing time.

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

PRESENT:
Lloyd DeMun, II, Councilman
Gerry Simcoe, Councilman
Paul Mortzheim, Councilman

ABSENT:
Paul Stermer, Councilman


The following resolution was offered by Councilman Simcoe moved it’s adoption, seconded by Councilman DeMun, II, to wit:

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

AND WHEREAS: The Town Board is limited to certain materials for review,

THEREFORE BE IT RESOLVED: The Lindley Town Board performed the annual financial report of the Justice Department to the best of it’s ability and Approve the Audit for 2010.

Meeting adjourned.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

Meeting Announcements

Announcement #1
The Town of Lindley will hold regular Town Meetings at the Town Hall, 637 US 15, PO Box 62, Lindley, NY 14858 on the following dates:

Regular Town Board Meeting - Second Wednesday of each month, 7pm.
Audit, Old Business, Emergency Business Meeting - Third Wednesday of each month, 7pm.
Planning Board Meeting - Third Monday of each month, 7pm
Zoning Board of Appeals - Third Wednesday of each month, 7pm
Historical Society Meeting - Fourth Thursday of each month, 7pm.


Announcement #2
The Lindley Town Board will hold a Special Meeting at the Lindley Town Hall on Tuesday, February 8th to perform a Justice Audit at 7 pm.

Announcement #3
The Lindley Town Board will hold a Public Hearing regarding the Dog Licensing Law on Wednesday, February 9th at the Town Hall at 7pm.