December 19, 2011

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

Minutes of the November 21, 2011 were read. A Motion to accept the Minutes as corrected was made by Earl, seconded by Fran W. and passed unanimously.

Mr. Rudy Jakubik presented the Board with his survey map for the Minor Subdivision of Vernon Allen's property on Felker Hill Road, Tax Map # 424.00-01-057.111. 15.20 acres will be subdivided from this approximately 25 acre parcel and combined with an adjacent 12.55 acre parcel which is Tax Map #424.00-01-008.100. A Motion to approve the Subdivision as presented was made by Earl, Seconded by Dave and unanimously passed.

A Short EAF was filed and the $5.00 fee paid.

Pat S. will serve on the Board for another Term and Mary will remain Chairperson of the Planning Board in 2012. Pat Clark's vacated seat will need to be filled.

Mary will respond to Mr. Gregory H. Sovas' letter of December 9, 2011 concerning Town of Lindley Conditional Use Permit for Glenn O. Hawbaker, Inc. (GOH) Lindley Road #2 MLR#80802.

Regarding the issue on Welty Road submitted by Jack Smith last month, a ticket for junk cars was issued and a Court date has been set for January 10.

The Board began a discussion on camping regulations for the Town of Lindley. The subject is very complex and the Board felt it would be prudent for the Town to declare a Moratorium until the subject can be thoroughly researched and decisions can be made. Mary will try to get the subject on the Town Board's agenda for January.

Mary will prepare a proposal using Dave's submitted guidelines and information from a guidline from Lake Pleasant, NY to present to the Planning Board's January meeting. The Board will present their Campground regulation guide to the Town Board by March, 2012.

At 8:30 pm Earl made a Motion to adjourn, seconded by Pat S. and unanimously passed.

Respectfully submitted
Janice Oberlander
Recording Clerk
Justice Audit Meeting, December 15th, 2011

Meeting Called to Order by Richard Biggio at 6:15 pm

At a Special Meeting of the Town Board of the Town of Lindley, Steuben County, New York, held at the Town Hall in Lindley, New York, in said Town, on December 15th, 2011, at 6:15 pm, prevailing time.

The meeting was called to order by Richard Biggio, Supervisor, and upon roll being called, the following were:

Richard Biggio, Supervisor
Lloyd DeMun, II, Councilman
Gerry Simcoe, Councilman

Paul Mortzheim, Councilman
Paul Stermer, Councilman

The following resolution was offered by Councilman Simcoe: Councilman Simcoe moved it’s adoption, seconded by Councilman DeMun, II, and put to vote: Roll: Richard Biggio: yes; Lloyd DeMun, II: yes; Gerry Simcoe: yes, to wit:

WHEREAS: The Town Board is required to perform an annual audit of the Justice Department Financial Reports.

THEREFORE BE IT RESOLVED: The Lindley Town Board performed the annual financial report of the Justice Department and Approve the Audit for 2011.

Meeting adjourned.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk
The Lindley Town Audit Workshop, Emergency Business, and Old Business Meeting was held on December 21st, 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 with amendments.

• There will be a County Legislators Meeting
• The NYS Surplus Property Program is coming up… may be worth reviewing, for a truck box.
• Richard Johnson – recognition plans still being worked on. Will vote on plans at next meeting December 28th at 7:00 pm

Old Business:
Rural Metro Contract – Pam Gee has made a number of comments for review. New contract has no mention of a Lindley Resident discount. Last contract discount was $270 for Resident, $399 for non-resident. Richard Biggio will forward concerns to Pam Gee for further review and to see if a contract with any ambulance service is required. Question about Town liability raised. Richard Biggio will also try to reach Al Lewis on December 22nd for discussion.

Emergency Business:
Dawn Sutfin of NYS DOT in Hornell sent a resolution as part of adding to the Town highway inventory. Review found that the mileage on one section of the resolution was inaccurate. Megan Thistle will contact Dawn Sutfin in the morning on December 22nd.

Town Clerk audit was completed for November, 2011.
Finance Director audit was completed for September, October and November, 2011.
Lloyed DeMun made the motion to accept the audits as satisfactory. Paul Mortzheim seconded. Roll – all agreed.
Motion carried.

Gerry Simcoe made the motion to adjourn the meeting, Paul Stermer seconded. Roll – all agreed. Meeting adjourned at 10:15pm

Respectfully submitted,
Megan Thistle
Lindley Town Clerk
The Regular Town Board Meeting was held December 14th, 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

-attendance list
-Local Road Use and Preservation Law

• Meeting was called to order by Richard Biggio at @ 7:00pm.
• Pledge to the flag completed.
• Minutes of the prior meeting were accepted with corrections.
• Reports received from Town Clerk, Historian, Justice, Code Enforcement Officer, Finance Director, and Chemung SPCA.

Announcements by Richard Biggio:
• A training School and Annual Meeting for Justices and Court Clerks is scheduled in various locations. Richard will put announcement in Tracy Wilson’s box.
• The Newly Elected Officials Training has been announced for January in various locations. All newly elected officials are encouraged to attend. New officials will be notified.
• Association of Towns dues are coming up. About $500 annually but well worth the expense.
• NYS Dog Law Enforcement Changes are coming. SPCA is most likely aware.
• A letter from Vince Spagnoletti commending and thanking Dick Johnson for his years of service.
• Emergency Services Annual Report will be in the Town Clerk’s office.

Public Comments:
• Dick Pierce – can we look into a PA system for the Boardroom? Richard Biggio indicated that this is possible although costly and can run around $5000.
• Marc Stocum – is anything being done to recognize Dick and his retirement? Richard Biggio answered yes several things are being worked on, and for others leaving Town employment as well.
• Marc Stocum – what happens to unexpended balances – can they be rolled into the equipment fund? Richard Biggio – all unexpended funds will be collected and Board will determine where they should go.
• Kitty Pierce – does anyone know the official count from the Elections?
• Richard Biggio – read off official results from the Board of Elections website posted 12/13/2011:
o Town Supervisor – Gerry Simcoe – 244 votes
o Town Clerk – Megan Thistle – 263 votes
o Councilwoman – Linda Salyerds – 179 votes
o Councilman – Patrick Clark – 221 votes
o Highway Superintendent – Marc Stocum – 116 votes
o Assessor – Paul Mortzheim

• Richard Biggio announced that the contract with Time Warner shows free internet is available to the Highway as well. Not sure why it wasn’t implemented at the beginning of the contract but we will be working on getting this up and running.

NYS DOT Representative Mike Griffin – Route I-99 Update:
• Current work being done should be completed Summer 2012.
• March 2012 Bids will be accepted for final phase of the project.
• Kuhl Rd will be reestablished like it was before, removing the temporary bridge.
• November 15th, 2013 is the final completion date, including the 7 bridges.
• North at Presho, SB traffic will run down existing Rt. 15 and allow building of new alignment. This is a 45 day project. Then all SB will move onto new highway. After that, old Rt. 15 will have NB and local traffic only.
• At the North end, connect existing Rt. 15 to County Rte 5. Another 45 day project and then open Rt. 15 as Co. Rte 115.
• Will raise the Presho bridge to avoid repeated hits by oversized vehicles. This should be done by 2013.
• South of Watson Crk Rd., will remove and reconnect Rt. 15 to Watson near Chilson’s. Done by the end of 2013.
• Still have some clean up work to do by 2014 to make it look good. Summer of 2014 is the official completion date.
• Rest area? – Financially difficult at this time, with closing others in NYS. Design is progressing but no funding at this point.
• Paul Mortzheim – residential area road surface on bridge vs. highway - the tires wail – a smooth surface is wanted by people in the area. Mike Griffin – smooth surface planned, and then rumble strips on the sides like the Corning area through Riverside.
• Paul Mortzheim – What if the Town wants to keep the Kuhl bridge? Mike Griffin – when we talked with the Town before, they were not interested in it. It’s only specified to be a 10-15 life bridge. We’re at 7 years now. Gerry Simcoe – Could you recheck that specification – a lot of work has been done on that bridge. Richard B – we can renegotiate and save the State some money. Mike Griffin – just so you know, it’s not one of our 70 year bridge designs, it’s in “as-is” condition.
• Marc Stocum – prior to allowing Hovey Rd traffic, are you going to resurface the road before redirecting traffic? Mike Griffin - Planning to resurface road to the east. The bridge off River Rd (by the Presho Cemetery) will have a stop sign.
• Fran Woodring – will Presho bridge work be like Victory Highway bridge? Mike Griffin - plan is to use temporary traffic signals and maintain traffic flow.
• Stop light on River Road and Hovey? Mike Griffin - that will change to a stop condition and Rt. 15 NB will have free flow movement for 45 days. This is safer with the volume of traffic NB. Lloyd DeMun – you’ll get to see what Lindley Rd. has had to deal with. Gerry Simcoe – you’ll want to do the stop sign 6 months before you do this or will have accidents. Mike Griffin – the stop sign there will be a permanent condition.
• Fran Woodring – the state of old Rte 15? Mike Griffin – it becomes County Rte 115, maybe some maintenance paving but that’s it.
• Dick Pierce – have you had feedback re:the water trucks? Mike Griffin – they move a lot of trucks. That is a reality of the hydrofracking business. They move them to areas where the roads aren’t designed to handle that. We have concerns about the impact on the roads. That’s a governor level issue and I don’t know where that’s all headed. We have stated publicly the impact this has on infrastructure.
• Welcome center – is a 7 million dollar project and it’s hard to justify this when closing others in the state. State police weighing station? Mike Griffin – it’s a balancing act. And we did impact the wetlands and disrupted a lot. Ground discharge as part of the project, need to make sure the fish and amphibians have a place to go.

Bob Nichols – County Legislator

Wanted to say goodbye, this is my last month as county legislator. It’s been a good trip.

2% Tax cap would be fine if the State Legislators had tied it to unfunded mandates. If County stays at 2%, Cooperative Extension, Office of the Aging, Youth Bureau, Road Patrol, and Healthcare Facility will be on the chopping block.

State keeps changing the formulas and increasing Probation, Medicaid, and Early Childhood Intervention. Early Childhood Intervention decisions are made by the schools and County has no input, but has to pay.

This will affect the Human Society. If State doesn’t stop spending of unfunded mandates… they say “that’ll be have to be down the road”…. Current goal is them looking at getting through the next election.

Richard Biggio – there’s a double standard when looking at what they force upon you. Just buying votes.

State is saying they’re trying to keep taxes down and are putting it on Town and County.

Paul Mortzheim – looking at St. County as Legislators – are they actively trying to keep Steuben dollars in Steuben County? Trying to get businesses into Steuben county?

Bob Nichols – they are through the IDAs – there’s one in Hornell and one by the old Veterans VFW on 54. Help with pilot programs and lending. Most successful effort has been the plaza in Hornell. Sales tax from cities doesn’t come to Towns and so you should go to Erwin to shop because then townships will get a share.
Paul Mortzheim – St. Co. has huge competition with Chemung Co. because nothing is in St. Co.
Lanny Plumley - we don’t have a choice.
Bob Nichols – retailers like to go where there’s already retail because that’s where the traffic is. IDA is trying to get retail and light manufacturing into Steuben County.

Bob Nichols – I have enjoyed the last 12 years. Did all that I could and got a couple of new bridges. Been some fun times. Appreciate your support. I know Bill Peoples and he will do a good job. I wish the Town of Lindley the best.

Old Business:
Richard Biggio – We need to look at the Local Road Use and Preservation Law. Amendments have been made and can be modified and amended in the future. We never had it in a final format to be voted on. PM – we’ve discussed it several times. Just assume we make a vote on it. Gerry Simcoe – Motion to adopt the Local Road Use and Preservation Law. Paul Mortzheim seconded. Roll – all agreed.
Local Law #3 of 2011 Adopted

Gerry Simcoe – what about the one for the Highway Superintendent?
Richard Biggio – I need to ask Pam to write the question for the ballot. Gerry Simcoe – be good to do it this year as it was adopted this year.

New Business:

We need to decide whether or not to renew the Usherwood Contract for the copier. Gerry Simcoe- does it pay off? Richard Biggio – this is a maintenance agreement. $397 a year. I think we should do it. Gerry Simcoe made the motion to renew the Usherwood Contract. Paul Mortzheim seconded. Roll – all agreed.
Motion Carried.

Rural Metro Contract Renewal – Richard Biggio read the renewal letter from Rural Metro. Contract expires 12/31/2011. Renewal terms include 0% increase for 2012 and 2013 and a two percent increase over the course of the next two years.
• 2012 - $7986.48
• 2013 - $7986.48
• 2014 - $8146.21
• 2015 – $8309.13

Gerry Simcoe- the problem is that the last contract they still raised it when they weren’t supposed to so they have an out in there someplace. I won’t agree with a contract that allows that. They never lowered it after they raised it for the fuel. Paul Mortzheim - I agree. We accept the rates with no added surcharges. And that the Town of Lindley residents get a reduced rate for services.
Fran Tempel – would that be on the bill?
Paul Mortzheim - yes but I’ve never heard of anyone getting a discount. They may have but I’ve never heard of it.
Richard Biggio – article 15, modifications allowed with 30 days written notice.
Paul Stermer – if they can we can.
Lloyd DeMun – what if we don’t go with Rural Metro?
Gerry Simcoe – have to it’s a State requirement.
Paul Mortzheim – yes it’s a lot of money but they do protect the firemen automatically when there are any calls, no charge. Also, in a litigious society, if we don’t have a contract and an ambulance doesn’t get there within the stated 10 minutes, the Town of Lindley can get sued. Lloyd DeMun – they show up if there’s a fire, but if they have a customer they charge, if they go back empty, no charge? Correct.
Richard Biggio – we are paying them for their readiness and obligation to serve.
Paul Mortzheim – they do take advantage but yet they are there for our firemen.
Paul Stermer – it feels like extortion to me anyway.
Richard Biggio – they may get some competition with the hospital being built by the mall, but until there’s competition…
Kitty Pierce – do you have to do a 4 year contract?
Richard Biggio – no but it helps with budgeting and planning.
Paul Mortzheim – I like their numbers but would like the other points looked at.
Richard Biggio – I will have Pam look at this.

NYMIR – two things – Loss control Recommendations regarding Town Hall floodlight wire exposed; courtroom Emergency Light was out; procedures to be done annually - checking Town Driver’s records at time of hire and annually. Also a Renewal Application Packet for March 2012.

Town Hall Heating Issue – currently have two loops, one runs the boardroom and Post Office bathroom. The other runs from the boiler room to the foyer, to the Clerk office, to the Supervisor office, to the Justice office, and then the Assessor office, cooling as it progresses. Would cost close to $3000 to change/add a loop for the back offices. Louvers in bottom of doors?, move thermostat? Adjust timing of office hours, adjust thermostat schedule. Winter isn’t the time to be changing the heating system. Paul Mortzheim – suggested low wattage space heaters to heat back rooms more slowly and not spike NYSEG costs. Lloyd DeMun - another zone? Paul Mortzheim – Justice and Assessors offices. Problem is that we’d be spending that money and still heating it, both. Return on investment would start in about 5 years. But would be money well spent. Lloyd DeMun – try the low watt space heaters and thermostat first and see?

Maintenance Agreement – Isaac’s Heating - $507 for two years. Will put on hold and get bids for pricing.

Supervisor Report – Paul Mortzheim – We have projected to have $338 thousand in savings, so why, if all the revenues have come in and we haven’t spent $119 thousand, is there only $310 thousand in savings?
Richard Biggio – I’ll ask Kathy.


Motion to pay bills – Paul Mortzheim. Seconded – Lloyd DeMun. Roll – all agreed.

Postage for license renewal mailings 2012
A1990.4 Contingency to A3510.4 Dog Control - $176.52

Mowings 2011
A1990.4 Contingency to A8810.4 Cemeteries - $1094.60

Paul Stermer made the motion to make the transfers. Paul Mortzheim seconded. Roll – all agreed. Motion Carried.

General discussion around issues already mentioned earlier in the evening.

Motion to adjourn made by Paul Stermer, seconded by Lloyd DeMun, Roll – all agreed. Meeting adjourned at 9:25 pm

Respectfully submitted,

Megan Thistle
Lindley Town Clerk