The Regular Town Board Meeting was held July 13th, 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 Stermer – Councilman

Absent:
Paul Mortzheim – Councilman
Richard Johnson – Highway Superintendent

Attachments:
-attendance list
-agenda
-NYS DEC announcement of Clean Air Grant money
-Request of Bid, Proposal, Quotation for Cemetery Lawns & Grounds Mowing and Maintenance

· Meeting was called to order by Richard Biggio at @ 7:00pm.
· Pledge to the flag completed.
· Minutes of the prior meeting was accepted with clarifications/corrections. 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:
NYS DEC is offering some funds to try to clean up air, educate communities not to open burn as it may pose safety hazards. Could receive $5000 if meet criteria. Information is available in the Town Clerk’s office.
Rural Metro discounts – some residents have not received a town discount when they have used the ambulance service. The announcement is on the blog to contact Richard Biggio. Will be put into the Leader and the Addison Post, and posted on the building as well. Mr. Lewis of Rural Metro will get this corrected if he knows who they are.
NYSDEC Periodic Review Report – announcing they are monitoring closed sections of the Lindley Landfill. The County will be handling this but NYS DEC is letting us know.
Sprague Insurance – has sent a third annual return installment to the town in the amount of $900.
Kathy Biggio – has located where the remaining balance of the Power Authority Grant went, they deposited $4000 into an old bank account at Chase that had reportedly been closed per Town request. This will be moved over to Chemung Canal, our current bank, and all accounts at any old bank will be closed.



IRS – the IRS has still been contacting Kathy regarding the mix-up between towns who owe them money. A town in arrears received a collection letter, saw that their town number was Lindley’s and so they forwarded the collection notice to Lindley. This was in error but Kathy has been struggling the IRS supervisor for weeks. We sent them a of our complaints regarding treatment and service. They returned a letter of apology for treatment received. Our accounts are in order.

Public Comments:
Lanny Plumley – regarding gas wells, where does the number of 6-7 come from?
DEC website at one time, but also from presentation that was done here regarding the potentials.
Lloyd DeMun – Ithaca has voted no 'fracking at all. Can they do that?
No, this is why the Board contracted with Delta for the Road Use Agreement regarding undue stress on the roads.
Dick Pierce – I heard today that those water trucks carry 80,000 lbs. They also need to do something about the entry to the highway by the church…. You make the traffic hold for you and it gets backed up, they get annoyed.
Gerry Simcoe – some dump trucks are running stop signs.
Lloyd DeMun – saw some carloads and troopers in the parking lot – Coldsprings trucks. Something was going on.
Paul Stermer - trooper was trying to figure out who was pulling up the electric lines on River Rd.
Richard Biggio – sounds like another call needs to be made to Paul McAnanny.

Richard Biggio – we did pretty good on the initial dog census mailing and rabies clinic. Also sent out a second notice to those who didn’t respond. Then will do house visits.
Gerry Simcoe – third time around might get a ticket?
Richard Biggio - we can do that.

Dick Pierce – the tanker business is going to get worse. We’ve had enough people killed on this road.
Richard Biggio – I think they were thinking of utilizing the railroad cars. Can’t stop them from using state and county roads. Discussion about the history accidents on Rt. 15 through Pennsylvania and NY. This is the last stretch. The troopers are here and McAnanny does what he can.
Kitty Pierce – rumble strips?
Richard Biggio – the level of complaints generated will result in removal of the strips.
Dick Pierce – what does DEC say about the dust?
Richard Biggio – Construction is supposed to take care of that.
Lloyd DeMun – I think he means on his road.
Richard Biggio – will have to go slow. Hopefully it will get oiled this year.
Dick Pierce – 40 miles per hour is still too fast, even the trooper told me it was too fast.
Richard Biggio – a lot of hype for gas wells…. It is a monopoly board at the moment and every company is trying to buy as much as they can because not every well is a jackpot. Need a lot of wells so some can be recuperating, while they go to another well. It will be a good thing for the area but in ten years it may not be that way.
Ron Mosher – discussion about the commercial traffic that passes his home on N. Clendenning to get to Sunflower Acres Campground in Tuscarora. There is non-stop traffic, no dust control, they use calcium and water truck. Does Dick Johnson ever come to any of the meetings any more? I would submit that this road has the highest traffic in the township, and it’s heavy traffic in volume and type


of vehicles (trailers, campers etc). Been after this for years. We’re maintaining the roads for non-township traffic.
Richard Biggio – this is why we’re going to revisit the appointed vs. elected issue for the job. To take away an elected position is not easy. A plan would help address these issues. We need a comprehensive plan that could be followed, we have an obligation to protect residents and address all traffic. This would help mitigate the dust and protect the health and welfare of the citizens.
Lanny Plumley – there’s also a lot of Campground traffic on Gibson. Calcium doesn’t work. Plus Dick Johnson is still over on the other side of the town and doesn’t get to this side of the town until the fall.
Lloyd DeMun - Money for dust control oil is in the budget. Nothing the board can do to make him oil the roads. Dick won’t do any oiling because he has said he won’t be responsible for who gets dust oil and who doestn. We ask him, he doesn’t answer back.
Rudy Jakubik – if the campground is out of the township, can’t the town lawyer file a complaint and have the campground utilize some of their profits for dust control?
Richard Biggio – the town will not get legal support to stifle commerce.
Al Salyerds – if you pursued legal action, they would just say that if it bothers you, pave it.
Richard Biggio – you can write a notice of defect and legally he has to fix it.
Kitty Pierce – what about the towns using brine?
Richard Biggio – it helps compaction, but it’s slippery when wet, and slimey dust is created.
Kitty Pierce – Like to thank Tom Loughridge and Dick Pierce for putting flags out for the 4th. Everything looked great from the mowing.

Old Business:
Richard Biggio - Appointed vs. Elected Highway Superintendent position. We have discussed all the issues and procedures. It’s open for election this year as an elected position but it can be made appointed after this next 2 year term. A public referendum is needed, then the Board would try to pass a local law, then it gets placed on the ballot and would be up to the voters.
A good Board can have an appointed highway superintendent and have it not turn into politics. This is a good board and I would work with them any time.
The Board could do a workshop with Cornell Local Roads and develop a comprehensive plan that would expand the Delta segment. This would provide information and support for the town to do all the roads.
Dick Pierce – there are only 5 towns that have an appointed position. Will have to go by the guidelines and will need a town manager. If we give up an elected position you’re giving up another right.
Kitty Pierce – why should we as citizens give up our right to vote because one man hasn’t done the job, so you want to take the elected position away? The government gets more and more involved. There’s a man running right now. Wouldn’t it be more fair to give another person a chance?
Richard Biggio – regarding appointed – if the public isn’t going to initiate then the Board needs to decide what they’re going to do regarding this issue. In the next meeting or so, the Board needs to make a decision. It doesn’t need to happen right away, regardless, because the next term is still an elected position so we could address this next year as well.

Road Use Agreement – Check has been released to the attorneys for Delta. Pam Gee and I reviewed and addressed a number of concerns. Diligently reviewed the issues. We’ll be ready when drilling time arrives.




New Business:
Richard Biggio - Cemetery mowing – Rudy has resigned because he’d had enough. We listened to the concerns residents had. Our legal requirement as a 2nd class town is to mow 2 times per year. I have an RFP for Cemetery Lawns & Grounds Mowing and Maintenance Services or we can have the State put together a volunteer association. Asking the board to review the RFP and look at it next week. Right now we have no mower. Rudy has mowed 4 times. The RFP goes out as a legal notice and we can send straight to companies.
Kitty Pierce – the lot owners have an obligation for the stones and flags.
Gerry Simcoe – they could pick up the flags at the town hall.
Kitty Pierce - regarding the flags, the American Legion puts flags up for their members.
Richard Biggio – maybe we put something more permanent and put up one flag, or a flag pole, honoring the vets.

Bills:
Bills reviewed. Lloyd DeMun made the motion to pay the bills. Paul Stermer seconded. Roll – all agreed.

Lloyd DeMun made the motion to adjourn the meeting, Gerry Simcoe seconded. Roll – all agreed. Meeting adjourned at 10:00 pm.

Respectfully submitted,


Megan Thistle
Lindley Town Clerk

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