The Lindley Town Board 2012 Budget Workshop #1 was held on
October 19th, 2011 at the Lindley Town Hall, 637 US 15, PO Box 62
Lindley, New York 14858
Official Copy held at the Town Clerk’s Office

Richard Biggio – Town Supervisor
Lloyd DeMun, II – Councilman
Paul Mortzheim – Councilman
Gerry Simcoe – Deputy Town Supervisor
Paul Stermer – Councilman

Richard Biggio called the meeting to order at 7:00 pm
Minutes of the previous meeting were accepted as read.

• Gerry Simcoe picked up a box of paperwork pertaining to Lindley from Kent Woloson, previous Legal Services for the Town. Megan Thistle, Town Clerk, will index the records for Pam Gee and Richard Biggio.
• Mary Lentzen provided Richard Biggio with a Joint Landowner’s Coalition of New York, Inc. seminar addressing road use issues relating to natural gas development. The Seminar is October 24th 2011 at the Holiday Inn Arena in Binghamton. Please contact Shirley Warren at for more information or to register. Registration is needed by Thursday, October 20th by 5:00 pm.
• The Post Office has hired an agency “CBRE” to review their leases.
• The Lindley Caton Pantry of Angels has prepared a brief for use during the budget workshop considerations.

Public Comments:
Kitty Pierce – thanked Harry Pierce for the mortar and bricks he placed around the Ammon Titus chair outside.

Old Business:

Richard Biggio reviewed Pam Gee’s responses to concerns raised at the last meeting:
• Regarding use of a town road to a business in another town – Lindley may look into ways to collect from the business for damages to the road, however this is not considered commercial traffic, and may also open a Pandora’s Box regarding any traffic throughout town that is passing through to another town.
• Does mileage need to be reimbursed to town employees at the Federal rate. Yes.
• Can Town Hall security include a locked door? If the Town can justify why the door is locked, then yes this can be used as a form of security. A buzzer would assist. Gerry Simcoe asked Tracy Wilson, Judge, if a monitor can be hooked up with a tone. This option does exist.

Richard announced that an Audit of the Judge’s financial will need to be scheduled. Tracy Wilson indicated this would need to be done in December as the Court Clerk is out. Tracy Wilson asked if she could hire a Deputy Court Clerk to be used when the Court Clerk is unavailable. Richard B. commented that this comes out of the budgeted contractual account already established

Dick Pierce – asked about a half-door for the court office. Tracy Wilson indicated this had been looked at in the past and something about the door frame made it difficult to put into place. Richard Biggio suggested Tracy talk to Dee Hill about this because the Corning City Manager’s Office just did something like this.

Tracy Wilson said that JCAP grant money is still available and a bank teller window could be put in.

Richard B. indicated that these are more options that can be looked into and considered.

2012 Budge Workshop #1
Kathy Biggio, Finance Director, presented draft budget #1 will requests from employees and Fire Department. Kathy suggested the Highway Superintendent salary be set at $44,000, with 2 person insurance coverage, with the proposal that if the individual needs family, they make up the difference between 2-person coverage and family coverage costs. Kathy also suggested that if they prefer single coverage, the salary be raised to $49,000.

Kathy also proposed a pay increase equalization rate that would cost $4500 total for 2012, but then hold any wage increases for three years after that as we wait for the economy to recover.

Kathy indicated that with this current draft, the budget was showing a decrease of $14 dollars per $1000, compared to last year.

Kathy suggested taking $100 thousand dollars above reserves and put that into equipment for highway in 2012, and to increase the annual savings amount for equipment to $50,000.

Town Board Members reviewed line items and will review salary items at the next Budget Workshop on November 2nd. Richard Biggio stated that the Line Item for the Library should remain a donation. All Board Members agreed.

The Town Board agreed to budget $1400 for the Lindley Pantry of Angels.

Old Business, contd.
Lloyd DeMun asked other Board members why they were reconsidering cameras in the building when they had previously determined not to allow cameras to maintain the ‘user friendly’ nature of the Town Hall. Discussion about having more information/options now; the tone attached with cameras option; keeping the door locked is also an option now. Lloyd was concerned that he was under the impression the Board had made a decision and now it seemed that wasn’t the case.

Fran Tempel wondered if a door buzzer and a half-window would suffice. Discussion of ideas continued without decision.

Next Budget Workshop was scheduled for November 2nd at 7:00 pm, with a Public Hearing Scheduled for November 9th at 7:00 pm.

Paul Mortzheim made the motion to adjourn the meeting, Gerry Simcoe seconded. Roll – all agreed. Meeting adjourned.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

The Town Board will hold a second 2012 Budget Workshop on Wednesday, November 2nd
at 7:00 pm at the Town Hall.
October 17, 2011

At 7:00 pm the regular meeting of the Lindley Town Planning Board was called to order by Chairperson, Mary Lentzen. Board members present included Fran Woodring, Tim Shaddock, Earl Titus, Pat Clark and CEO, David Fuller. Four visitors were also present.

Minutes of the September meeting were read. A Motion to accept the Minutes as read was made by Earl, seconded by Fran W. and unanimously passed.

Fran W. asked Dave if the NYS Dept. of Health had set any deadline for the installation of the required upgrades at the Bending Rivers Trailer Park. Dave said he would check and noted that some campers have been moved out.

Dave contacted the Town Attorney regarding the Herrick property but has received no response yet.

Mr. Lamonte Osgood, 1035 Bell Hill Road requested a Minor Sub-Division for Tax Map #387.00-01-041.110 to separate a 3 acre parcel from 19.35 acres and combine it with an existing 1 acre parcel with a house.

A Motion to approve the Minor Sub-Division as proposed was made by Earl, seconded by Tim and passed unanimously. A short EAF was filed and $5.00 fee paid.

At 7:21 pm a Public Hearing began to consider a CUP for Krystal Butler and Bernice Lauterborn to place a single wide manufactured home on 85+ acres at 639 River Road, Tax Map #406.00.01-032.111.
As there were no comments from the visitors or Board members, the Public Hearing closed at 7:26 pm.

At 7:29 pm Krystal and Bernice arrived. Mary read to them the Zoning Law requirements and the need to meet the 50' set backs front, side and rear and all building codes. Home is 14' x 72' and the model year is 1994.

A Motion to approve the CUP request with the noted stipulations of 50' set backs (front, side, and rear), must conform to 6.1 Section of the Zoning Law and all Building Codes as stated was made by Earl, seconded by Dave and passed unanimously. A Short EAF was filed and Mary reminded Krystal and Bernice that the $14.45 cost of the Public Hearing Ad must be paid by the applicant.

Dave noted his CEO hours will move to Tuesday nights beginning November 1, 2011.

Kitty Pierce announced the Historical Society will host a “Meet the Candidate” night October 27 and will include refreshments.

Mary suggested Pat C. try the on-line training offered by the state as he is unable to make the training session Oct. 18.

At 7:40 pm a Motion to adjourn by Earl, seconded by Pat C. passed unanimously.

Respectfully submitted,
Janice Oberlander
Recording Clerk
The Regular Town Board Meeting was held October 12th, 2011
at the Lindley Town Hall, 637 US 15, PO Box 62
Lindley, New York 14858.

DRAFT - Official Minutes held at Town Clerk’s Office

Town Board Members Present:
Richard Biggio – Town Supervisor
Paul Mortzheim – Councilman
Gerry Simcoe - Councilman
Paul Stermer – Councilman

Lloyd DeMun, II – Councilman
Richard Johnson – Highway Superintendent

-attendance list
-Correspondence from Pam Gee, Town Attorney, regarding wording of proposed Road Use Law

• Meeting was called to order by Richard Biggio at @ 7:10pm.
• Pledge to the flag completed.
• Minutes of the prior meeting were accepted as read. Please see official 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:
• There will be a Property Tax Webinar soon. Contact Town Clerk for more information
• Bond is offering a Breakfast Briefing for Zoning and Planning Boards for continuing education credits. Richard will forward this to the Zoning and Planning Chairs.
• There is a Pipeline Awareness Safety Brochure available. Richard B. will forward on to Dick Johnson, Highway Superintendent.
• Guthrie/Corning Hospital Auxiliary is holding a luncheon on Wednesday, November 9th to raise money for equipment such as defibrillators and so forth. A table is $500. Individual is $35.00.
• Richard B. received a letter from Guy Hill, Assessor Chair, stating that he is not on the ballot this election and will not accept write-ins. After 30 years of service, the time needed to do the job exceeds Guy’s availability.

Public Comments:

Fran Woodring – requested clarification about the School Tax bill that arrived recently. Kathy Biggio explained that the State Board of Real Property sent representatives to NYS towns to assess a small sample of homes from each town. These assessments were used to determine the State’s Equalization Rate for each town, which changed how much they would request in taxes from towns. Discussion about this: why the bills increased so much without any warning or comment; that school taxes actually went up about 64.5% from last year; it appears property owners are being held hostage by NYS to support expenses; perhaps a coalition of towns in the same position could be created to contest the State’s decision, although it might be too late at this time. Dick Pierce indicated he needed to reduce his Home Owner’s Insurance in order to pay the School Tax bill.

Dave Fuller, Code Enforcement Officer, indicated he will be changing his office hours to Tuesday evenings from 6:30 – 8:00 pm, effective November 1st, 2011.

Jeff Swan asked about the ambulance rate reduction as a Lindley resident. Richard Biggio will follow up on this with Rural Metro/Al Lewis. Jeff Swan suggested it be stipulated during contract negotiations that the rate reduction be shown on the individual’s bill in the future. Gerry Simcoe suggested the issue of ambulance mileage charges also be addressed during the budget workshops. Discussion of what is billed and at what rate (for example if an individual gets into the ambulance unassisted vs. assisted); ambulance service is mandated and there’s no choice but Rural Metro; consideration of challenging the law against using a service across state border.

Jeff Swan asked about number of campers and violations in local trailer courts. Dave Fuller indicated that if changes aren’t made soon, the State Department of Health may be closing Bending River Estates soon for health violations.

Jeff Swan commented that the roadsides in Tuscarora look great from the mowing they are able to do. Discussion of hiring the individual and his equipment periodically, since Lindley doesn’t have that type of mowing equipment. Richard Biggio said he would talk to Tuscarora Town Supervisor, Bob Nichols.

Kitty Pierce announced the Lindley-Presho Historical Society is hosting a Meet Your Local Candidates event during their regularly scheduled meeting. This will occur Thursday, October 27th at 7:00 pm at the Lindley Town Hall. So far two candidates have RSVP’d. A question and answer period will follow brief comments by candidates. Refreshments will be served.

Linda Swan announced that over the past weekend, several residents planted a Japanese Lilac tree in the front lawn, donated by the Lindley-Presho PTA, in honor of the Harris family. Dave Fuller will be doing a plaque. Ceremony will most likely be scheduled in the spring.

Linda Swan asked the Board if the $1000 donation had been sent to the Steuben County Library. Paul Mortzheim made the motion to release $1000 for the 2011 donation to the Southeast Steuben County Library. Gerry Simcoe seconded. Roll – all agreed.
Motion Carried

Old Business:
Dick Pierce asked if the resolution had been made to reduce the speed limit to 40 mph on Steamtown Rd. Paul Mortzheim indicated that the resolution had been made to reduce all Town roads to 40 mph and that it was in process. Richard Biggio indicated that with the Delta data, the town has more data to make the case that the speed limits be reduced.

Town Hall Security – Richard Biggio stated that the Board needed to make a decision on this issue. Panic buttons have been installed. What was the best solution for increased security. Discussion about monitor/buzzer combination; the false sense of security of a monitor; Gerry Simcoe suggested a door buzzer and the person gets up and lets the individual in. Tracy Wilson, Judge, indicated the Town can’t restrict access to a public building. Gerry Simcoe reflected that it seemed towns were grabbing at free money from taxes and just wasting the money. He reiterated his comments from previous meetings that a monitor with an unlocked door is not security. Richard Biggio will check with Pam Gee, Legal Services, about having a door buzzer. He commented that if it’s the Town’s form of security, it doesn’t seem like this can be denied. Richard B. stated that the Board needed to be looking at a positive form of security, not an after-the-fact form such as a recording camera. Discussion continued about security issues.

Delta Road Use Law – Richard reviewed his contact with Pam Gee about key issues the Board had raised about the proposed law (see attached). The Board agreed that items could be modified. Richard will review with Pam and present at next meeting.

Ron Mosher – asked about traffic definitions (Commercial vs. Baseline) on North Clendenning Rd. Significant traffic is driving through Lindley to and from a Tuscarora campground. Richard will review this with Pam Gee and get an answer by next week.

New Business:
• A 2012 Budget Workshop will be done on Wednesday, October 19th during the regularly scheduled Audit meeting at 7:00 pm.
• Regarding the 2% tax cap, when the Board reviews budgetary issues, they will anticipate future needs. Budget decisions will be made based on the 2% cap.
• Mileage Reimbursement announcement – the IRS changed their reimbursement rate again. Richard Biggio will see if this has any bearing on Town business.
• Air conditioner behind the Post Office needs bollards installed before winter. Richard B. will review this with Dick Johnson, Highway Superintendent.

Bills were reviewed. Paul Mortzheim made the motion to pay the bills. Gerry Simcoe seconded. Roll – all agreed. Motion Carried.

Richard Biggio made the motion to adjourn the meeting. Gerry Simcoe seconded. Roll – all agreed. Meeting adjourned.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk
Code Enforcement Officer Hours will change to Tuesday evenings, from 6:30 – 8:00 pm, effective November 1st, 2011.
The Lindley Town Board will hold a 2012 Budget Workshop during the regularly scheduled Audit Meeting on Wednesday, October 19th at 7:00 pm at the Lindley Town Hall.
The Lindley Presho Historical Society is hosting a Meet the Town Of Lindley Candidates of the November 2011 Election. This event will be held Thursday, October 27th at 7:00 pm at the Historical Society's regularly scheduled meeting located at the Lindley Town Hall.