The Regular Town Board Meeting was held May 11th, 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
Gerry Simcoe - Councilman
Lloyd DeMun, II – Councilman

AbsentPaul Stermer – Councilman

• Meeting was called to order by Richard Biggio at @ 7:09pm.
• Pledge to the flag completed.
• Minutes of the prior meetings were accepted with corrections: Richard Biggio clarified, regarding the Delta Road Use Agreement, that engineers have selected a representative sample of the different matrices of the roads in the town. They have looked at what the sampled roads are comprised of to get a baseline of maintenance costs that Dick Johnson has given them. All this is so if we ever go to court, we have defensible information to support a claim against damage. If we expand that study with the engineers to include ALL town roads, then we will have a plan that will prioritize the best route for us as a town to improve the whole road system. We don’t want to get those two issues confused.

Announcements by Richard Biggio:
1. The response to the dog census has been very positive. The next phase following the Rabies Clinic on the 21st of May will be to parse the data and see who is outstanding. This information will be given to the Chemung County SPCA who will then do house to house visits.
2. I have received thank you cards from the Pantry of Angels for the donation and appreciate the follow up.
3. Rural Metro Ambulance service is being sold to Warburg Pincus. This will not change services. Warburg Pincus will be the parent company but Rural Metro will not change. This purchase has made Rural Metro a private company.
4. NYS Dept of Taxation and Finance has issued a Certificate of Final RxR Ceiling. There is a railroad taxation ceiling of $5370. We may need to challenge that in the future.
5. The Association of Towns, Community and Regional Development Institute, and Cornell University’s Cooperative Extension is holding a conference on Friday June 24th . This is located at the Binghamton Riverwalk Hotel. Cost is $60 for elected and appointed officials, $150 for others. Must preregister and runs from 9 am – 5 pm. This is a conference regarding the Marcellus Shale.
6. There is a Federal Technical Assistance Workshop in Corning on Wednesday May 18th .
7. The Steuben County Legislature has a model Site Plan Review Law and Road Use Agreement sample – for our use and review if needed.
8. Delta Engineers is finalizing their Engineering Report regarding the sample roads analysis. Delta’s attorneys are working on finalizing their agreement with us.
9. The lightbulbs on the north and south of the building are now working. The motion lights in back and the lights in front are also working. The flag light needs a ballast yet.
10. The NYS Department of State is holding a State Land Use training on Monday June 6th in Geneva from 5:30 – 9:30 pm with 3 session components: Making a Good Record; Overview of Statutory of Authority of Local Governments to have Site Plans; Special Use Permits. Credits for Code Enforcement Officers. Preregistration is $5.00.

Public Comments Rudy Jakubik – what is the status of mowing the cemeteries, do I have permission to proceed?
Gerry Simcoe – It was my understanding this was a 2 year contract?
Richard Biggio – Regular Holidays – before Memorial Day, Labor Day, Fourth of July.
Ruday Jakubik – will mow 2x a month in May, June, July, August and September.

Old Business:
None

New Business:
Richard Biggio – the JCAP grant funds have been received and were direct deposit into the wrong bank. Once we tracked that down we got it into the correct bank and Kathy finalized closing the accounts at the old bank.

We can now move forward with installing panic buttons in the various locations. The install will cost $80 per button, plus a $400 per year maintainence fee that covers all buttons. Tracy was able to negotiate so that the first year is free.

Install will occur on May 27th at 10 am. Gerry Simcoe and Paul Mortzheim confirmed that installing Bookkeeper and Clerk buttons was a “go” and was part of the initial agreement to passing the JCAP grant.

Tracy Wilson indicated that the rest of the JCAP grant will cover a safe and various office equipment. Tracy mentioned the Court is beginning to have space issues. Richard B. commented that if the safe needs to be anchored down, let him know.

Tracy informed the Board that starting July 1st, Court Sessions will be held the first 3 Tuesdays of the month, with the remaining Tuesdays being used for administrative and processing days. Court sessions will still be held at 6:00 pm on the first 3 Tuesdays of the month. Court office hours will remain Tuesdays from 3:30 – 8:00 pm.

Kathy Biggio has been dealing with the IRS on a matter that does not concern the Town of Lindley, in terms of who the IRS was trying to collect money from. Apparently an error had been made in the Tax ID # and a Town name. The other town forwarded the collection notice to Lindley because it had our Tax ID # on it. However Kathy has proof that all taxes have been paid on time. Kathy has been working ultimately with the Supervisor of the IRS and straightened out the issue. The Supervisor at the IRS indicated this issue will be straightened out and Lindley will receive a letter confirming this in 2 weeks. If not Kathy will call and I will be putting notices in the paper.

Richard Biggio announced that the Town Clerk has been called to Steuben County Jury Duty the week of May 23rd. If this happens, office hours will be Monday and Wednesday from 4:00-7:00 pm and to please call ahead. Megan will not know until just prior to the 23rd, or the morning of.

Richard Biggio brought up the resident interest in making the Highway Superintendent position an appointed position. Pam Gee has provided a memo dated September 28th 2010 outlining the legal steps required in order to get this question on the Ballot in November, 2011. Richard B. will contact Al Schoonover, who was
spearheading this project for the residents last year. Some discussion on whether or not another petition was required. Not clear at this time and Board members will review the memo.

Richard Biggio raised the concern about the lawnmower. Dick Johnson is trying to fix it. The bolt fell out and it doesn’t work. May need to purchase another one and can be done for a $130 – 300. Paul Mortzheim requested if the Town gets one, it be purchased from Home Depot, over Walmart.

Richard Biggio announced that Kitty called before vacation and reported that the flag pole at the Lindsley Cemetery is gone. Gerry Simcoe agreed to call and sheriff and make a police report.

Lloyd DeMun asked who does the lawn for the Town. Should the Town ask Rudy to do it as well? It’s part of Cindy’s duties. Richard Biggio indicated it was something the Town could look into. Fran Woodring asked about the weeds in the ditch. No indication on who could clear that. Dick Johnson has done this in the past.

Richard Biggio announced that Steve Ritter has requested to use the Board Room next week the 18th of May for the Zoning Board of Appeals. Gerry Simcoe made the motion to cancel the Audit Meeting scheduled for the 18th. Lloyd DeMun seconded. Roll – all present agreed.
Motion Carried.

Paul Mortzheim indicated that Budget season is approaching and the Board should consider finding a way to fix increases. Richard Biggio indicated that this can be done by tracking what the Governor plans. Current plans seem to be a cap of 2%. Gerry Simcoe commented that this would be a good thing.


Bills:Bills reviewed. Gerry Simcoe made the motion to pay the bills with exception as noted. Lloyd DeMun seconded. Roll – all agreed.

Lloyd DeMun made the motion to adjourn the meeting, Paul Mortzheim seconded. Roll – all agreed. Meeting adjourned at 9:03 pm.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

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