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

Absent:
Lloyd DeMun, II – Councilman
Richard Johnson – Highway Superintendent

Attachments:
-attendance list
-agenda
-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:
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

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