LINDLEY TOWN PLANNING BOARD November 21, 2011


The regular meeting of the Lindley Town Planning Board was called to order by Co-Chairman, Earl Titus at 7 pm. Members present included Fran Woodring, Pat Simcoe, Pat Clark, Tim Shaddock, and CEO, David Fuller. Five visitors were also present.

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

Public Comment began with Jack Smith on Welty Road concerning an issue in his neighborhood at 9306 Welty Road which had been brought to the Board's attention (July, 2009 Plan. Board Minutes) and has continued to worsen. Two photos of the area in question were submitted to the Board. Concern is for the disregard of overall quality of the neighborhood, property resale values, and a disregard for the regulations that go with a non-conforming lot and the NY State building codes. Also, a vehicle repair business appears to be being conducted there. Jack asked whether or not our Zoning laws should prevent this type of situation?

Dave stated a Building permit was issued two years ago but is no longer valid since the project was never completed. He will revisit the site.

Congratulations were extended to Pat Clark for his recent election to the Town Planning Board.

Rudy Jakubik has purchased just under 10 acres from a neighbor, Vern Allen, and asked the Board what he needed to do to complete this process. Board said Mr. Allen must request a minor subdivision and a survey map, Mr. Allen's Tax Map number, and Mr. Jakubik's Tax Map number must be presented for Board approval.

Tim asked what followup is in place for the Town to address Jack Smith's ongoing neighborhood issue?
Dave will issue a ticket and then the remedy is up to the Judge. Jack can be notified of the time and date of the violator's Court appearance and neighbors involved can all attend.

Public Comment ended. Earl distributed copies of the Health Regulations for Campgrounds for the Board's review. Fran W. noted the Bending River Campground off US Rt. 15 has been fined by the NY State Dept. of Health. Twenty-five new sites and two 1250 gal septic tanks will be installed per Mr. Nathaniel Hall of the Dept. of Health at Hornell. He will notify the Planning Board when the campground has been approved for operation.

Section 8.2.5 of the Comprehensive Plan was discussed. The Town currently has no regulations for campgrounds. The Town has two mobile home parks, allowed by the Comprehensive Plan in a residential-rural setting, but not encouraged. Both Parks allow seasonal campers (6-months).

Concerns have been raised since there has been a heavy influx of campers due to the nearby gas drilling workers. It was noted 5 or more campsites constitute a “Campground” and is regulated by the NY State Dept. of Health. Town can impose more strict regulations in this case but not less than the Dept. of Health. Board needs to address rules and regulations regarding camping areas with 4 or less sites on private properties.

Board feels perhaps a moratorium should be issued by the Town until they can sort out what needs to be done and can address all the issues that could possibly result from the increased camper population.

Mary submitted her ideas on camping regulations and a model used by Lake Pleasant, N.Y..

Concerns raised included: How long will it take to pass a law once the regulations have been determined? What if the Gas Drilling company purchases land within the Town and builds a trailer park for its workers? How many campers should be allowed on private property with many acres or just 2 acres? Should this be a CUP process or a Zoning Board application with guideline suggestions by the Planning Board? Who applies for permits – landowner or camper? What regulations regarding noise levels, the difference between stored camper units and occupied campers, number of campers per site, size of units, dry camp only, prohibiting anyone with a criminal record, length of stay, enforcement responsibility of regulations, etc. should the Town impose. Are the workers considered 'migrant'? Board will address these issues at the next Planning Board meeting and review the Dept. of Health regulations prior to the meeting.

A Motion to adjourn at 8:50 pm was made by Pat C., seconded by Tim and passed unanimously.

Respectfully submitted,
Janice Oberlander
Recording Clerk
The Second Public Hearing regarding the 2012 Budget was held November 16th, 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
Paul Mortzheim – Councilman
Gerry Simcoe - Councilman
Paul Stermer – Councilman

Absent:
Richard Johnson – Highway Superintendent

Attachments:
- attendance list

• Meeting was called to order by Richard Biggio at @ 7:00pm.
• Pledge to the flag completed.
• Minutes accepted with corrections

Announcements by Richard Biggio:
• DEC is holding forums regarding ‘fracking. This is the last hurdle before an outcome for drilling is announced. Expect to see movement by April, 2012.
• The Town Board needs to enter an executive session to address comments made during the last session.

Town Board entered executive session at 7:20 pm
Town Board returned to regular session at 7:50 pm

Richard Biggio announced that comments were made by a Board Member and legal advice was sought. The legal recommendation was that the Board member recuse himself from voting on the 2012 Budget adoption. It is Richard Biggio’s opinion that the comments were made in haste with no inclination to seek anything but express frustration. However, because of perceptions, and the need to maintain public confidence in the Board, it is recommended the Board member recuse himself from the vote. The gentleman has offered to recuse himself from the vote.

2012 Budget Public Hearing:
After considering finances and public safety, the Board has reviewed the numbers and it’s obvious which way we need to go. Lindley is a unique town with lots of weather and it demands someone who understands the road conditions. Historically, the Highway Superintendent position salary has been low. We are trying to be competitive.

Richard Biggio asked Board members if there was any discussion. None.

Paul Mortzheim made the motion to accept the 2012 Preliminary Budget, Final, as received on November 9th, 2011. Gerry Simcoe seconded. Roll – Gerry Simcoe: Yes; Paul Mortzheim: Yes; Richard Biggio: Yes; Paul Stermer indicated he is against the budget but not against safety; Lloyd DeMun: Recused himself.

2012 Budget Adopted with a 0.63% Town Tax increase

The Justice Audit is scheduled for Thursday, December 15th at 6:00 pm

Richard Biggio reported that Fran Tempel worked with Mike Ginalski and was able to secure the Lindley Presho School for the Senior Lunches for free. This is a savings of $90.00.

Mike Griffin of NYS DOT will be visiting at the next Town Board meeting (December 14th, 2011) to give an update on the new highway.

Dick Pierce reminded everyone that tonight’s budget adoption is Town only and does not include whatever the County increase will be.

Audits:
The Town Clerk financial records were audited for September and October, 2011.

Lloyd DeMun made the motion to adjourn the meeting. Paul Stermer seconded. Roll – all agreed. Motion Carried.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk
The First Public Hearing regarding the 2012 Budget was held November 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
Lloyd DeMun, II – Councilman
Paul Mortzheim – Councilman
Gerry Simcoe - Councilman

Absent:
Richard Johnson – Highway Superintendent
Paul Stermer – Councilman

Attachments:
- attendance list

• Meeting was called to order by Richard Biggio at @ 7:02pm.
• Pledge to the flag completed.
• Minutes accepted with corrections

Announcements by Richard Biggio:
• Election Results – Congratulations to Gerry Simcoe, Pat Clark, Linda Salyerds, Megan Thistle, and Harry Pierce.
• Cemetery Volunteers – Dee and Randy Hill will assess the tree, bushes and flags with Richard and determine when and what to do. More volunteers will be needed for spring cleanup. Contact Richard Biggio (684-8450).
• Gas Drilling – Thank you Mary for forwarding the emails regarding imminent Gas Drilling operations. Richard expects things to be happening by April next year. Long-term studies have been done that are factual regarding the effects of Boom and Bust cycles and Richard urges the new Board to watch the Gas Drilling events closely.

2012 Budget Public Hearing:
Richard Biggio prefaced the public hearing: The increase is low and was kept low because the school taxes were so high. There are future needs in terms of highway equipment and one new truck can cost $180 thousand. The Town does have reserve accounts started.

Regarding the increase in the Highway Superintendent Position salary: The goal is to have the position filled by a knowledgeable resident who can meet the needs of the town. The problem is the cost of health insurance. A balance was sought that would benefit both a person filling the position and the Town in order to reduce the cost of taxes paying for health insurance. The Board didn’t feel right to offer a full insurance but tried to make up some difference in the salary.

The Board is working on putting money into reserves in order to avoid what other townships have had to do, borrow.

There is an increase for the Fire Department. With training costs, gear, equipment and so forth, this increase is not superficial and the town should be proud of the organization and what they do.

The Board did a diligent job developing this preliminary budget.

Public Comments:
Fran Woodring – asked about the railroad taxes.

Now that activity on the railroad has increased, the assessors will have to re-assess.

Dick Pierce – Asked if the Assessor Chair is elected and can the Chair come to the meetings and give a report?

Richard Biggio – Suggested a quarterly report. The Chair is chosen among the Assessors and then appointed by the Board each year.

Jeff Swan – questioned the increase in Highway Superintendent Position salary from $37,000 to $45,000 and asked about the difference between the cost for 2-person insurance and family insurance ($6500).

Richard Biggio – the salary is not out of line with surrounding towns.

Jeff Swan – What about the question to be on the ballot about whether the Highway Superintendent position should be elected or appointed?

Richard Biggio ¬– The Board did pass the law but the Board of Elections had a caveat: If someone was running, the Town Board had 30 days before the election to get the question on the ballot. If someone was not on the ballot, the Town had to get the question on the ballot 130 days before the election. We missed the deadline but it’s a local law and we can re-enact this for the next election. It can be reviewed again by the next Board but the consensus of everyone at the Public Hearing was to place the question on the ballot.

Paul Mortzheim - Something people missed was that everyone has the constitutional right to petition their local government.

Dale A. Salisbury - This is not meant to be accusatory. 21% increase regarding the Highway Superintendent position salary is ridiculous. Did trying to fit someone from the town into the position play a roll? Because that’s wrong.

Richard Biggio – everything was done in a public meeting. We know the problems of perception but we needed to look at the net effect on the budget. The net effect is a financial benefit to the Town.

Kathy Biggio – I created a formula so that if a person in the town did not take the position the salary and benefits were flexible enough to make the position desirable to someone else. The Board didn’t fit this to a particular person.

Dale A. Salisbury ¬– What is the average salary across towns?

Gerry Simcoe – some are: Jasper - $40,680; Addison - $45,500; Rathbone - $44,400; Tuscarora - $32,607. Other towns were also considered.

Dale A. Salisbury – Were there discussions amongst the Board and an individual prior to the meetings?

Richard Biggio – not outside the meetings.

Dale A. Salisbury – How can you ask an individual even in a meeting what they would accept or not accept?

Richard Biggio – it was about how much the insurance would cost, not the salary.

Dale A. Salisbury – asked why there was any discussion at all for the position and what it would take for the person to move from one position to another.

Gerry Simcoe – I did make a phone call to the individual following the election because there were all kinds of rumors.

Jeff Swan – Do we have something to compare all Town salaries?

Richard Biggio – We can do that. The problem is that benchmarking in public works has problems because of the number of variables per town.

Paul Mortzheim - We tried this a couple years ago but town sizes, steep hills, paved roads, number of roads all play into how a salary is determined for a particular town.

Jeff Swan – Raised the issue of the Court costs. $6000 for the Justice, $900 for a bailiff. His feeling that the Justice salary was out of line.

Paul Mortzheim - stated that the Court also brings in more money ($40,000). They are doing a good job with a lot of work.

Jeff Swan – Will the salary decrease if the workload decreases?

Richard Biggio – In these cases we can do benchmarking. They did a lot of work when you consider the backlog, getting 48 states in agreement for those people who had left the state, and it doesn’t look like things are going to slow down.

Gerry Simcoe – Indicated that if workload did decrease, the first thing to go would be the expense for the Court Clerk position.

Kathy Biggio – showed a graph that reflected costs and revenues in the Court department, with a dramatic increase in revenues as compared to the cost of the Court.


Paul Mortzheim - Several people have contacted me asking why there is an increase of 20% in the Highway Superintendent position salary. The people aren’t here because they have respect for the people working for the town and don’t want to point at anyone. I don’t see a justification for the increase.

Dale A. Salisbury – questioned if money was taken out of savings.
Kathy Biggio - $10,000 in surplus from each fund from 2011 will be used for 2012.

Jeff Swan – What about Control of Dogs?

Richard Biggio – contracted with Chemung County SPCA 24/7 and have a good response.

Kitty Pierce – Do they deal with wild rabid animals?

Kathy Biggio – they would refer you to the DEC but rabid pets they deal with.


Paul Mortzheim motioned that the 2012 Budget be voted on. Gerry Simcoe seconded. Roll – all agreed.
Motion Carried


Richard Biggio asked for a vote to adopt the 2012 Budget. Roll – Gerry Simcoe - Yes; Richard Biggio – Yes; Lloyd DeMun – No; Paul Mortzheim – No.
Motion Failed


Paul Mortzheim indicated that he would like a full Board present when there’s a split. Richard Biggio agreed and said he also felt the decision could have been made tonight with the Board members present. Paul Mortzheim expressed his concern about the cost of medical insurance and this was reinforced for him when several people asked him about the costs. “I can’t convince people that it’s ok.”

Howie McFall – to Paul Mortzheim – You should tell them they should be here.

Paul Mortzheim – I agree. But no one wants to say anything that might be construed as against anyone.

Richard Biggio – Health, medical, and pension problems started with the introduction of free trade agreements and it upset the economic balance, and we’re paying for it.

Lloyd DeMun – we’ve been raising the salary for the Highway Superintendent position 3% all these years and this is the biggest kick in the face to Dick Johnson. We have to figure the salary out based on the Highway Superintendent position. When asked for an amount he would approve, Lloyd said $41,000 with 2-person insurance, just like it was started at.

Richard Biggio – that’s a 10.8% increase.

Lloyd DeMun – If he won’t take that salary, I will and I’ll do a good job too.

Richard Biggio asked for a motion to table the 2012 Budget Hearing decision until next week when all Board members could be present. Gerry Simcoe made the motion. Lloyd DeMun seconded. Roll – all agreed.
Motion Carried


Richard Biggio and Kathy Biggio will prepare the financial documentation and present at next meeting.

Second Public Hearing on the 2012 Budget will occur on Wednesday, November 16th, 2011 at 7:00 pm.

Old Business:
The Model Local Road Use and Preservation Law has been reviewed but it’s been over a month since we looked at it. We need to vote on this. Gerry Simcoe made the motion to table this decision until the Board has time to review. Paul Mortzheim seconded. Roll – all agreed.
Motion Carried

Jeff Swan – asked about the Ambulance contract and if the savings would show on the bill.

Richard Biggio – has not talked to Al Lewis - but the best thing would be for you to call because I don’t know how much they would share with me, since I’m not the patient.

Jeff Swan – I think it should show our savings on the bill before we do any future business with them.

Jeff Swan – What about the campers in the trailer parks? They’re still there.
Dave Fuller, Code Enforcement Officer – NYS Department of Health is working on getting them moved because it is a septic system issue. I need a law to base a citation on. If a septic overflows and runs on the ground I can report that.

Discussion about campers, mobile homes, trailers, and zoning law. Trailer parks are assessed and taxed based on the number of lots available, not on the number of trailers present.

Dave Fuller - Process in cases of violations is that it will go to court and person has about 21 days before a judgment if they don’t fix the problem. If they correct the problem, usually it’s been dismissed.


Bills:
Board reviewed bills. Gerry Simcoe made the motion to pay the bills. Lloyd DeMun seconded. Roll – all agreed.
Motion Carried

Transfers:
Paul Mortzheim made the motion to transfer $135.34 from A1990.4 Contingency to A8510.4 Community Beautification for the recent work done on the Memorial Lawn at the Town Hall. Gerry Simcoe seconded. Roll – all agreed.
Motion Carried

Paul Mortzheim made the motion to transfer $544.60 from A1990.4 Contingency to A8810.4 Cemetery for lawn care. Gerry Simcoe seconded. Roll – all agreed.
Motion Carried

Paul Mortzheim made the motion to transfer $12,457.42 from D9060.8 Health to D5112.2 CHPs for road work. Gerry Simcoe seconded. Roll – Paul Mortzheim initially said no, then yes, after discussion of the poor quality of road work completed. Gerry Simcoe – Yes; Lloyd DeMun – No; Richard Biggio – Yes.
Motion Carried

Discussion about the third transfer and the fact that sometimes, a project will go over budget. Also the difficulty that in this case the money is spent and the bill has to be paid.


Paul Mortzheim made the motion to adjourn. Lloyd DeMun seconded. Roll – all agreed. Meeting adjourned.


Respectfully submitted,
Megan Thistle
Lindley Town Clerk
The Lindley Town Board 2012 Budget Workshop #2 was held on
November 2nd, 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


Present:
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 7:05pm

Announcements by Richard Biggio:
• Richard is receiving information about Gas Drilling and the things people should be doing to prepare for the boom and bust.
• Kitty suggested that the Cemetery Volunteers take down the flags. Dee Hill was present and she and Richard discussed the tree that should come down, as well as best timing to take the flags down.

Public Comments:

Dee Hill asked about the half-door idea Richard B. was going to ask her about. Richard and Dee discussed this as an additional security measure for the Judge’s office.

Budget Workshop:

Discussion about the issue of raises across the board, or none: Paul Mortzheim indicated that a few positions warranted raises due to the nature of the position and workload (Town Clerk, Town Supervisor, Budget Director, Judge, Planning Board). Paul M. did not support normalizing salaries, or giving raises to the positions across the board. Kathy Biggio, Finance Director, indicated she would not take a raise unless it was across all positions. Lengthy discussion about how to preserve the integrity of the nature of public service while still valuing the positions. Discussion about doing a cost of living increase across all positions. Board decided to hold salaries at current amounts for all jobs, with the exception of the Highway Superintendent position.

Discussion about the Highway Superintendent Position salary: Town is caught between two things - the need to make the salary somewhat competitive since the Town doesn’t know who will be in the position, and the need to manage the rising costs of medical coverage. Lengthy discussion among board members, finance director, and audience members about what salary is competitive and fair, and what the Town can offer as a health care benefit in addition to salary.

Richard Biggio suggested a motion be made to offer $45,000 in salary, plus 2-person medical coverage. Gerry Simcoe made the motion. Paul Mortzheim seconded. Roll – Gerry Simcoe: Yes; Paul Mortzheim: Yes; Paul Stermer: No; Lloyd DeMun: No; Richard Biggio: Yes. Motion Carried

Board determined that the best balance was to set the salary for the Highway Superintendent Position at $45,000, plus 2-person medical coverage, with any additional medical coverage payable by the individual taking the position.

NOTE: this increase in the salary for this position does not impact Residents’ taxes because there are savings throughout the budget that ultimately offset this salary increase.

Other line items were addressed and put into the budget formulas. After discussion, it was determined to offer the Preliminary Town Budget for 2012 with a Town Tax increase of 0.269%. Public Hearing is set for Wednesday, November 9th at 7:00 pm at the Town Hall.

Lloyd DeMun made the motion to adjourn. Paul Stermer seconded. Roll – all agreed. Meeting adjourned at 10:15 pm.


Respectfully submitted,
Megan Thistle
Lindley Town Clerk