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The Public Hearing to Consider a 5-Month Moratorium on Camping Applications was held January 18th, 2012at the Lindley Town Hall, 637 US 15, PO Box 62Lindley, New York 14858.
Official Minutes held at Town Clerk’s Office

Town Board Members Present:
Gerry Simcoe – Town Supervisor
Pat Clark – Boardmember
Linda Salyerds – Boardmember

Lloyd DeMun, II - Boardmember

Attendance sheet

Meeting was called to order by Gerry Simcoe at 7:00pm.
• Pledge to the flag completed.

Public Hearing Opened by Gerry Simcoe:
Residents sought clarification about the goal of a 5-month moratorium/hold on accepting Camping, Campers and Campground applications. Mary Lentzen indicated that in the zoning list of Conditional Use Permits, all issues related to Camping require a permit, however there are no stipulations indicated and need better defining. The 5-month moratorium would provide the Planning Board time to work on this and present their recommendations to the Town PO
Board. After that time, a Public Hearing would be held to see if the public would like to pass a Local Law to amend the Zoning Laws regarding Camping, Campers, and Campgrounds.

Gerry Simcoe made the motion to pass a 5-month moratorium on accepting new Camping, Campers, and Campground applications. Seconded by Pat Clark. Roll – all present agreed.
Motion Carried

Old Business and Announcements:
Gerry announced that the Teamsters agreed to the proposed $10.94 per hour for 90 days amendment to the Highway Contract. This takes effect 1/1/2012.

The Recognition Ceremony had a very good attendance in spite of the weather.

Regarding a Special Election to fill the vacant Town Board seat – the Town Board would have to pass a Local Law allowing a Special Election. Vicki at the Board of Elections indicated the cost would be well over $1000 and the cost for Inspectors alone would run about $400 for a half day. Vicki was unable to estimate a time table for when paperwork would need to be at the Board of Elections, and when the Election could be held. Gerry opened for discussion.

Dale A. Salisbury spoke in support of Fran Tempel, citing her commitment to the community and the Pantry of Angels. Dale commented that the Board should be looking at the candidate best suited to the job.

Jim Lundgren spoke in support of David Ballard and cited David’s experience in the School district and Union. Jim indicated he’d is in favor of a Special Election.

Mary Lentzen asked if people were aware that the vacant position was only for one year. Ken McKillip indicated the vacancy was for one year. Ken stated that it was a Republican seat and it was protocol to fill it with a Republican. Gerry reminded Ken that this was not true, had been discussed last week and wouldn’t be discussed further. Additional discussion about best candidate for the position and what an election would cost.

Mary Lentzen commented that a Special Election would be held to decide who should be appointed for the rest of 2012. Then an election would be held in November 2012 to fill the position for the remaining term for 2013, and then another election would be held in November 2013 for a new four year term.

Discussion about letting the seat stay open until the next regular election. Gerry indicated the problem with that is that the Town Board is a 5-person Board so that there are tie-breaking votes.

Further discussion about best candidate, cost of special election. Kathy Biggio read a letter in support of Fran, indicating her concern that the Board has gotten a bad start and has created a feeling of bad-blood. She requested the Board members explain why they voted a certain way last week. She expressed concern if the Board became dead-locked on future issues such as drilling. Kathy Biggio expressed concern with phone calls from the Steuben County Republican Chair, who seemed to be strong-arming citizens to vote a certain way.

Additional discussion in support of a Special Election, in support of David Ballard, and in support of Fran Tempel. 2 additional letters were read, one in support of David, one in support of Fran.

Mary Lentzen commented that there are two positions open in the Town – one on the Zoning Board of Appeals and one on the Planning Board. Contact Steve Ritter regarding Zoning Board of Appeals, and contact her for the Planning Board.

Sandy Lundgren asked if Republicans were supposed to supply letters in support of David Ballard. Gerry Simcoe indicated this wasn’t a planned thing.

Gerry made a motion to appoint Fran Tempel. Pat Clark and Linda Salyerds voted no.

Fran Tempel read a brief letter – Included here by request and because of its brief length:

January 18, 2012
Mr. Gerry Simcoe
Lindley Town Board
Lindley, NY 14858

This letter is meant to address the current condition regarding the empty seat on the town board.

First of all, I want to thank all the individuals (mostly Republicans by the way) who supported me in my desire to be appointed to this one-year position. Their belief in me and appreciation for my experience and previous service to the town of Lindley was profoundly moving for me personally.

That being said, I had hoped that the decision would be based on that experience and service but I am sadden to find that political partisanship has now created an impasse. I also had hoped that we could operate in an environment unlike the one in Wash. D.C. that so many of us abhor. But that was not to be.

The Republican committee chairman suggested the town conduct a special election in order to decide the outcome. I find this suggestion to be not only fiscally irresponsible but also a burden upon our citizens asking them to come out and vote one more time for a position that will expire at the end of this year. The board has many issues that need to be acted upon now and the time needed to set up this election and garner the results might be detrimental in the decision making process.

And so, for the good of the town of Lindley, I withdraw my request for appointment and hope the board will appoint David Ballard immediately so we can get on with the business at hand.

Thank you,
Fran Tempel

Several people commended Fran for her decision. Ken McKillip asked that David Ballard be sworn in. Gerry Simcoe made a motion to appoint David Ballard, seconded by Pat Clark. Roll – all present agreed. Gerry Simcoe stated that he believed he was getting his arm twisted but because next month he would be absent and there needed to be three board members present to pay the monthly bills, he was voting for David.

Dave Ballard was sworn in by Megan Thistle, Lindley Town Clerk.

Gerry Simcoe made the motion to appoint Jim Lundgren as Custodian. Seconded by Pat Clark. Roll – all present agreed.

Gerry read a letter from NYS DEC regarding reporting sick or dead deer. Public is warned to not handle or eat these deer and contact DEC.

Fran Woodring asked if Dave Ballard could take a seat at the Board table. Gerry indicated usually a person is given a week but could if he’d like to.

Gerry Simcoe announced that Dee Hill brought a law to the Town’s attention last week regarding Towns posting information regarding next meetings. Megan will be posting agendas on blog and on the bulletin board outside as needed.

The Steuben County office of Risk Manager sent information regarding cell and 2-way radio use by drivers. They must pull over now. Megan provided a copy for Marc Stocum, Highway Superintendent.

The Finance Directors December 2011 records were audited.

Pat Clark made the motion to adjourn the meeting. Linda Salyerds seconded. Roll, all agreed. Meeting adjourned at 10:15pm

Respectfully submitted,
Megan Thistle
Lindley Town Clerk
The Organizational Town Board Meeting was held January 11th, 2012
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:
Gerry Simcoe – Town Supervisor
Pat Clark – Boardmember
Lloyd DeMun, II - Boardmember
Linda Salyerds – Boardmember

NYS DOT Resolution
Attendance sheet
Letters of support for Boardmember candidates David Ballard and Fran Tempel

• Meeting was called to order by Gerry Simcoe at 7:00pm.
• Pledge to the flag completed.
• Reports were received from Town Clerk, Justice, Historian, Supervisor, Code Enforcement Officer and Highway Superintendent.
• Minutes of the prior meetings were accepted as read.

Announcements by Gerry Simcoe:
1. NYMIR has proposed a decrease of 3.1%
2. Time Warner Cable will decrease costs from $62.04 to $61.04
3. Steuben County Self-Insurance costs for 2012 will be $12,061.00
4. The Steuben County Legislature will hold a Public Hearing January 23rd. Posted on Town Hall Bulletin Board.
5. There will be a recognition ceremony for long term Town employees who have left/retired on Saturday, January 14, 2012 at 2:00. All are welcome to attend.
6. Megan Thistle, Town Clerk, read the annual Association of Towns training announcement. Kathy Biggio, Bookkeeper indicated that there are often local trainings in Syracuse and Corning.

New Business:
Mary Lentzen, Planning Board Chair, announced that the Planning Board is requesting a Public Hearing to determine if there can be a 5-month moratorium on camper and campground applications. Mary indicated that the current zoning laws have no real regulations on campers in town. The Planning Board would like time to study this and make a proposal to the Town Board regarding density and health issues. Audience and Board discussion about this. The moratorium for 5 months means that the application process would be on hold until zoning recommendations can be proposed to the Town Board. Lloyd DeMun made the motion to hold a Public Hearing on Wednesday, January 18th to discuss adopting a 5-month moratorium on campers/camping applications. Linda Salyerds seconded. Roll – all agreed.
Motion Carried

Old Business

Updating the NYS DOT Resolution to add highway mileage to the Town inventory: The revision of the NYS DOT resolution adopted at the last meeting adjusted the mileage to be added to the Town Highway Inventory. This mileage is used to determine the amount of CHIPS money received from the State. Total overall mileage update is 4.33 miles including from Mersereau Lane from Stowell Rd to the End of Road for a total length of 1.75 miles; Stermer Road from SR 15 to End of Road for a total length of 2.71 Miles; and then Delete Glick Rd from SR 15 to the End of Road for a total length of 0.13 miles. Pat Clark made the motion to adopt the Resolution. Lloyd DeMun seconded. Roll – all agreed.
Resolution Adopted

New Business, Cont’d:
Gerry has been in conversation with the Highway Union regarding starting wage for a new hire. As a result of the way the contract is written, and the fact that several retirements have occurred, the next person hired would start at about $8.94. Gerry is proposing a short-term, one-time adjustment to the Contract to hire someone at $10.94 for the next 90 days, in order to be fair to a new hire. Discussion about: Update that Marc Stocum, Highway Superintendent, has someone lined up to accept the job at the higher rate; making the rate higher if possible; tabling decision until talking again with Union; basing rate on experience; whether this adjustment would bump everyone’s pay up and affect the budget for 2012. Pat Clark made the motion to make the next new-hire hourly start rate $10.94, contingent upon acceptance by the Union, seconded by Lloyd DeMun. Roll – all agreed.
Motion Carried

Gerry would contact the Union with the Board’s decision and get back to everyone.


Appointment of individual to fill the vacancy on the Town Board for one year, to go through election process in November 2012:
• Two Applicants – David Ballard [R] and Fran Tempel [D]. Several letters of support were read for Fran Tempel pointing out previous experience on the Town Board during a vacancy, commitment to community interest and involvement over the past ten years, work experience as a teacher, budget process experience. A letter from the Lindley Republican Committee in support of David Ballard pointing out much experience with Union Work in the School District, budgetary experience, commitment to community and church. Much discussion by community members and Board in support of each candidate.
• Ken McKillip pointed it out that if there is a Republican vacancy on the Board, it’s always replaced by a Republican. This was refuted by Gerry Simcoe who replaced a Republican as a Democrat himself. Kitty Pierce commented that politics mean nothing in Lindley, it’s the best person for the job. Fran Woodring thanked people for the kind words they had for his wife.
• Pat Clark indicated this was a very difficult decision for him. His perception, however, is that based on the constituents he’s talked to for the last three weeks, he needs to vote what they desire and put his personal views aside.
• Dick Pierce - historically in the 60’s when I was Town Clerk I ran for Supervisor but the Republican committee was supporting a Democrat. No one tells me who to vote for.
• Ken McKillip concurred with all the comments being made and talks to the people every year. Mary Lentzen asked if the people he speaks to are Republicans and Ken McKillip answered in the affirmative. Mary asked if that was what people wanted, a Board with one mindset? Ken McKillip pointed out that the two new boardmembers are Republicans.
• Kitty Pierce reminded people that Fran lost the election two years ago by 1 vote, and this last election by only 50. She added that Republican Gerry Simcoe, and Democrat Fran Tempel campaigned together this past year and that Party didn’t matter.
• Kathy Biggio remarked that both candidates are good people and that regarding Fran – she has experience on the Town Board and brings it with her because she attends virtually all meetings.
• Dave Ballard commented that he has nothing against Fran but that he does have experience with budgets, projections, and 25 years in Civil Service. He indicated he enjoys reaching mutual agreements between parties and does a good job.
• Brenda Criss commented that as a public servant, a person is never rewarded and Fran should be rewarded for her diligence and commitment to the community through her attendance and voluntary activities on behalf of the Board, and on the Board of the Pantry of Angels.
• Dave Ballard suggested the issue be brought to the public and hold a special election.

Dee Hill recommended it was time the Board made a vote.

Lloyd DeMun motioned for a poll of the Board for Fran Tempel, seconded by Gerry Simcoe. All for Fran – Gerry Simcoe, Lloyd DeMun.

Pat Clark motioned for a poll of the Board for Dave Ballard, seconded by Linda Salyerds. All for Dave Ballard – Pat Clark, Linda Salyerds.

Ken McKillip indicated that a special election may be called for and the Board of Elections has told him this will cost taxpayers $1000. Kathy suggested getting more public feedback. Dee Hill asked who the Town Supervisor was and if he would please run the meeting. Gerry Simcoe reminded Dee that he tries to listen to others’ ideas.

Gerry Simcoe indicated they will go forward with the meeting and return to this issue again this meeting.

New Business cont’d:
Marc Stocum received estimates for furnace – the lowest bid requires ½ up front. Discussion about how this would be handled.

Linda Swan asked for clarification about the Public Hearing for the Camper Moratorium.

Dee Hill shared that a law has been passed that will take effect in February regarding Open Meetings Law and sharing of information such as agendas.

Executive Session:
Town Board entered an executive session at 8:35 to further discuss the board vacancy.
Town Board returned to Organizational Board Meeting at 8:50. Gerry will call the Board of Elections and discuss options regarding a Special Election.

Dick Pierce asked for clarification regarding Robert’s Rule of Order if there is no quorum. Gerry Simcoe indicated it’s still a draw, any decision needs to have a majority vote of 3.

Bills were reviewed. Linda Salyerds made the motion to pay the monthly bills. Lloyd DeMun seconded. Roll – all agreed.
Motion Carried

Linda Salyerds made the motion to adjourn the meeting. Lloyd DeMun seconded. Roll – all agreed. Meeting adjourned at 9:15pm.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk
Agenda For Jan.18,2012
Call to order

Pledge to the flag

Reports; None due

Reading of the minutes

-Open public hearing regarding campers, camping, and campgrounds

-Close public hearing

-Vote on moratorium

-Open old business and audit meeting

---Agreement has been made with teamsters setting a $10.94 starting wage for the highway department for a term of 90 days effective 1/1/2012

-The recognition ceremony had a very good attendance especially considering the weather we had

-Appointment town council; Dave or Fran

-Appointment custodian; James Lundgren

-Regarding a special election the town must have a local law allowing a special election, the town of Lindley does not. Vicky from the board of elections said a special election would cost in excess of a $1000.00 the inspectors alone are $400.00 for a half day. She is not sure of a time table to set up a special election.

Please take notice that the Lindley Town Board will hold a Public Hearing on Wednesday, January 18th at 7:00 pm to discuss a 5-month moratorium on camper applications. Public Hearing will take place at the Lindley Town Hall, 637 US 15, Lindley, NY 14858

Lindley Town Board
January 12th, 2011