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

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.

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.

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

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