The Regular Town Board Meeting was held March 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
Paul Mortzheim – Councilman
Paul Stermer – Councilman
Lloyd DeMun, II - Councilman

Gerry Simcoe – Councilman

Attendance List
• Meeting was called to order by Richard Biggio at @ 7:00pm.
• Pledge to the flag completed.
• Reports were received from Town Supervisor, Town Clerk, Justice, and Historian.
• Minutes of the prior meetings were accepted as read.

Announcements by Richard Biggio:
1. On March 24th there will be a meeting by the Association of Towns at Libs Supper Club regarding the new dog law. RSVP to Linda Berlew, the Town Clerk of Erin.
2. Mary Lentzen provided an announcement regarding the Marcellus Shale Developments from an economic standpoint.
3. There will be a Universal Design Workshop regarding helping the elderly keep their independence. See Town Clerk for more information.
4. The Town Clerk will be away from the office the first week of April. Special Hours will be Tuesday April 5th from 4 – 7pm, Thursday April 7th from 4-7 pm, and Saturday April 9th from 9-12.
5. There is a Ash Tree Beetle workshop on March 22nd from 9-12, see Town Clerk for details.
6. NYMIR is offering a Defensive Driving course at a reduced rate for all municipal employees and their immediate family members. See Town Clerk.

Public Comments:
Dick Pierce – Is there new highway information?
Richard Biggio – there will be a lot of traffic this season.
Dick Pierce – We were able to get rumble strips on the highway through a safety committee but can’t get much help here at the light.
Fran Woodring – Jonathan Engles regarding the new highway – the plan is to finish grading etc by 2012 and then open the bids for bridges, with completion in 2014.
Jim Lundgren – DOT project engineer has indicated a November 30th 2011 end date for grading, paving, and guardrails.
Richard Biggio – You can find updates on NYS DOT website.
Kitty Pierce – With tractor trailers heading north, you cant see traffic if you’re trying to turn.

Also, there will be a Historical Society meeting on March 24th – topic to be Lindley Civil War Veterans. Bring memorabilia. Meeting is at 7:00 pm at the Town Hall.

Dave and Karen Ballard brief overview of Gas Drilling Facts – presented by Jeff and Kathy Heller.
• Representing the Steuben County Landowner’s Coalition
• There are serious concerns for landowners when negotiating with Gas companies.
• “Landmen” come in to make offers of $500-$1000/acre and this may be too low. It’s recommended land owners contact an attorney or the Coalition to assist in negotiating with gas company.
• If already under a lease that will be expiring, be sure to get a release form from the company upon expiration. This ensures that you are clear to lease again.
• Well pads are lined with a pad that absorbs contaminants.
• The roads will be damaged but they fix the roads after.
• Hydrofracing has never, by scientific measures, damaged water quality.
• Drilling, however, a different issue.
• NYS is far ahead in terms of benefits to the towns. They will give the value of the gas income to the Assessors, who can adjust the taxes, and the money stays in the region (Town, County, School District).
• The Average to the town per well is expected to be $1.5 million/year.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.

Dick Pierce – how small an area would a well be on?
Jeff Heller – about ½ acre, horizontal.
Fran Woodring – how many could be in Lindley?
Jeff Heller – There can be 6 wells off one pad in a 640 acre section, with the well in the center. Water wells are tested before and after testing.
Kitty Pierce – What about the issue of smog?
Jeff Heller – This has occurred in Wyoming once for the past three years, and it’s a winter phenomenon.
Fran Woodring – What are the Gas Companies leasing? Do they contract over the 640 acres?
Jeff Heller – leases will cover all 640 acres, not to the same individual that the pad is on, but each property owner that is affected by hydrofracing.
Dick Pierce – is the DEC involved?
Jeff Heller – the DEC is the regulator. But the Towns can set speed limits.
Kitty Pierce – what about the hazards of having a well on one’s property?
Jeff Heller – those can be covered within the lease provisions negotiated. Either with a lawyer or help from the Steuben Landowner’s Coalition.
Dick Pierce – Doesn’t Marcellus Shale cover only part of NY?
Jeff Heller – yes, there’s also the Utica Shale that can use the same pad in the future. A tower will last about 30 days. ‘Fracers will be in use for 3-4 days.

Please see Town Clerk for handout information and see the Lindley Town Blog for information.

Mary Lentzen – The Planning Board went to a training that explored the impact drilling has on a community Ie; small businesses, traffic, living arrangements, school enrollments, multi-dwelling housing, employment, arrests.

Discussion about the landfill and the radiation emitted from there. County owns the landfill. Radiation is the type that can be protected against with minimal material (piece of paper).

Old Business:
1. Board will review the Road Use Agreement draft from Delta.
2. Board will review the Union Agreement before putting it up for a vote. Discussion about doing review in executive session. Review will be done after bills are reviewed at end of meeting.
3. Library donation needs to be made. We need to do a resolution to release the money.
4. An emergency person for building utilities needs to be identified.

Board briefly reviewed the drafts of the Road Use Agreement program from Delta. Full drafts available with Town Supervisor.

Linda Swan – if you don’t have a contract with the Library, you won’t have a representative from the town.
Kitty Pierce – concerned with paying for using the parking lot, we’ve already paid to use the library.
Linda Swan – that’s a concern. It belongs to the city, though, not the Library.
Jim Lundgren – we should drop them like a hot piece of iron.
Richard Biggio – Lindley doesn’t have a contract. There are financial limits coming down the line and we need to be cognizant of them.

Paul Mortzheim made the motion to make funding in the budget available to the library. Paul Stermer seconded the motion. Roll – Paul Stermer – no; Lloyd DeMun – yes; Richard Biggio – yes; Paul Mortzheim – yes.
Motion carried.

Emergency person for Town Hall building utilities? Perhaps a request for proposal. Further discussion warranted.

Kitty Pierce – the second bench is in for the front of the building.

Lanny Plumley – can you tell me how many dogs on Gibson Hill Rd have been licensed this year. Town Clerk will get information to him tomorrow the 10th. Discussion about starting the process of a census. Richard Biggio and Megan Thistle will put something together this month. Lanny P. will go to authorities if the Town doesn’t take action. Megan Thistle provided Lanny the phone numbers for nuisance dogs and animal cruelty so that Chemung County SPCA could respond to his complaints regarding nuisance dogs.

Motion to pay reviewed bills made by Paul Stermer with the exception of Rural Metro, number 51. Seconded by Llody DeMun. Roll – Paul Mortzheim – No; Richard Biggio – No. Lloyd DeMun – Ys; Paul Stermer – Yes.
Motion Failed.
Motion to pay bills with corrections – Paul Mortzheim. Seconded by Paul Stermer. Roll – all agreed.
Motion Carried.

Board entered an executive session to review Union Agreement.
Board returned to regular session. Motion to execute Union Agreement – Paul Mortzheim. Seconded by Lloyd DeMun. Roll: Paul Mortzheim – No; Lloyd DeMun – Yes; Richard Biggio – Yes; Paul Stermer – Yes
Motion Carried

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

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

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