Lindley, New York

2012-02-01T09:06:00.000-05:00

Lindley Town Board Meeting

Date: 02/08/12

Agenda:
1. Call to Order
2. Pledge to the Flag
3. Reports
__Town Clerk __Supervisor __CEO __Highway __Historian __ Justice
4. Minutes
Would like to waive the reading of minutes if all are agreeable , Megan will make any corrections that are appropriate

Attendance:
__J. Simcoe __L. Demun __P. Clark __L. Salyerds __D. Ballard __M. Stocum

ANNOUNCEMENTS:
Steuben County Public Health & Nursing requests that the town sponsors a Rabies Clinic as in the past.

Delta Road Protection program training Wed. Feb. 29,2012 , 9:00 AM-2:00PM, Corning Town Hall, Maple St. Corning, N.Y. Megan & Marc are scheduled to attend.

Environmentall Solution Remedial Services has been in contact in reference to the spill from the tractor trailer accident in front of the Town Hall, I referred them to the NYSDOT ! I then called the DOT and spoke with Alan Curren at the Coopers Plains shop phone number 962-4639 . The ESRS group has to get permits from the State to proceed with the cleanup Mr. Curren recommends that the Town call him when the work starts and he will make sure the proper permits have been acquired.

OLD BUSINESS:
Insurance inspection found some noncompliance issues this was reported in Dec. 2011 and have not been corrected to date. Emergency Lighting, Outside Floodlight, MVR Reports.

The County has revised the mileage to be added to our road mileage so we will have to adopt a new resolution.

NEW BUSINESS;
Justice Tracy Wilson would like to address the board about installation of security cameras.
Discussion of support for the Town of Ulysses for home rule. Material was e-mailed to board members.

BILLS:

2012-01-25T09:14:00.000-05:00

ATTENTION ALL SENIORS THAT LIVE WITHIN THE CATON/LINDLEY COMMUNITY

Graduating in 2012?

Are you going to college or a trades school?

Are you a Resident of the Caton/Lindley area?
You can apply for the:“2012 Caton Community Day Scholarship”

Interested~ contact your Guidance Office

2012-01-23T10:38:00.001-05:00

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

Absent:
Lloyd DeMun, II - Boardmember

Attached:
Attendance sheet
Agenda

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 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 Chair, Rusty Smith, 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.

Audits:
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

2012-01-17T10:24:00.002-05:00

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

Attached:
NYS DOT Resolution
Attendance sheet
Agenda
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.

Appointments:

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:
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

2012-01-17T09:09:00.001-05:00

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.

-Audits

2012-01-12T15:47:00.001-05:00

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

2011-12-26T09:13:00.001-05:00

LINDLEY TOWN PLANNING BOARD
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

2011-12-22T16:16:00.001-05:00

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:

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

ABSENT:
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

2011-12-22T16:15:00.001-05:00

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

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 7:00 pm
Minutes of the previous meeting were accepted with amendments.

Announcements:
• 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.

Audits:
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

2011-12-19T12:02:00.000-05:00

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

Attachments:
-attendance list
-agenda
-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.

Bills:

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

Transfers:
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

2011-11-22T11:11:00.001-05:00

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

2011-11-17T16:30:00.002-05:00

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

2011-11-10T16:57:00.002-05:00

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

2011-11-03T14:56:00.002-05:00

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

2011-10-24T08:19:00.001-05:00

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

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 7:00 pm
Minutes of the previous meeting were accepted as read.

Announcements:
• 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 bchubb65@hotmail.com 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

2011-10-20T13:19:00.000-05:00

NOTICE

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

2011-10-18T10:17:00.001-05:00

LINDLEY TOWN PLANNING BOARD
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

2011-10-13T16:40:00.001-05:00

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

2011-10-13T15:40:00.001-05:00

NOTICE:
Code Enforcement Officer Hours will change to Tuesday evenings, from 6:30 – 8:00 pm, effective November 1st, 2011.

2011-10-13T13:19:00.001-05:00

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.

2011-10-11T10:27:00.002-05:00

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.

2011-09-22T13:47:00.000-05:00

The Road Use Agreement Law Public Hearing and Regular Town Board Meeting was held
September 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
Gerry Simcoe - Councilman
Paul Mortzheim – Councilman
Paul Stermer – Councilman

Absent:
Richard Johnson – Highway Superintendent

Attachments:
-attendance list
-Property Tax Cap information

• Meeting was called to order by Richard Biggio at @ 7:05pm.
• Pledge to the flag completed.
• Minutes of the prior meeting were accepted as amended.

Announcements by Richard Biggio:
• Reports were received by the Town Clerk, Town Justice, CEO, Historian, and the Chemung County SPCA
• Regarding the question to be put on the ballot this November about the Highway Superintendent position being appointed or elected: Because the position in question was open for election, and there was no candidate, the question needed to be submitted 150 days prior to the election. The question remains a law and will be placed on the ballot next year.

Public Hearing for the Road Use Agreement proposed Law, 7:25pm

Richard explained that the Road Use Agreement Law developed by Delta and Whiteman, Osterman, and Hanna was ready to be adopted by the Town. This law is to enable the town roads to be protected against unusual, excessive heavy road use by contractors for any future development (ie: gas drilling operations). The report is based on an analysis of all town roads at their current baseline of maintenance status and costs, and what a contractor would be required to do if they damage the current road conditions (the baseline). The Law would also determine the route contractors would be required to follow, because not all town roads are built to withstand heavy truck traffic. This protects citizens from bearing the cost of getting their own analysis done or paying for road repair because the Town has already completed that portion and will hold contractors liable for damage.

It was the Board’s responsibility to understand and foresee what might be coming to the Town. Law is well written and covers everyone. It is proactive and benefits/protects everyone.

Public Comments:

Key Points – This Law is a great idea and now the Highway Superintendent has a working document of the baseline of roads.

Road problems foreseen may include the gas industry, loggers, and so forth. This is not meant to be a punitive measure, but a guideline of what is expected.

Road conditions were considered to be pretty good for gravel and the rain we’ve experienced this year. This speaks well of the Road Crew. They are doing what they can with the resources they have.

A search of Town Laws regarding road use will be done, because in adopting this law, any other laws need to be specifically stated as being superseded by this.

Richard Biggio and Megan Thistle read the Law in it’s entirety. (the public may listen to Audio or read Law, in the Clerk’s office).

Paul Stermer raised the issue that this appeared to discriminate against local or commercial contractors delivering to someone building a garage, for instance. Discussion of various sections in the law that protect the roads but also allow for resident home improvement. With this law in place, taxpayers will not pay for undue damage, and for the most part local haulers understand what the town roads can withstand, and use common sense.

Paul Mortzheim asked who was responsible for damage to the road – the person who owns the land or the hauler? It doesn’t seem clear in the Law.

Other concerns raised:
• how often has road damage occurred and how this will be managed if it is adopted. This Law is designed as a protective matter, given the various industries that may come into town. Road signage will be placed; permits will need to be issued by the Highway Superintendent or his designee.
• Concern raised about how this seems like a big ball of wax… what the Highway Superintendent does is separate from the Town Board. However, 40 municipalities are following this type of law. The Pennsylvania road conditions from gas drilling lend support to adopting this law. It was commented by Dick Pierce that the penalties listed at the end of the Law would not be prohibitive, but just a part of doing business, so how does this protect the roads?
• Concern about how violations would be handled in Court. Most likely handled in the Lindley Town Court. Judge will receive a copy of the Law.
• Questions about current traffic on Steamtown, which remains 45 mph. Water trucks; empty dump trucks; also water trucks on Lindley and Morgan Creek Rd. Vince Spagnoletti recently addressed this issue and that seemed to help for a while. These are shortcuts and this Law will definitely help curtail that.

Paul Mortzheim asked that two points be addressed in the Law: Permits and who signs off on the business; and something being set up in the Law that would address Paul Stermer’s concerns so the local contractor isn’t discriminated against by this law. Richard indicated this was covered in the “baseline traffic” definition. However discussion of this definition indicated there was too much ambiguity in the definition. Richard would talk with Pam Gee about how to make this less ambiguous.

One idea for the logistics of a permit would be that the contractor would approach the Code Enforcement Officer for Residential Housing activities, then be directed on to the Highway Superintendent. The permit
could then be issued through the Town Clerk’s office, once approved. This way the Highway Superintendent could monitor and be sure contractors are operating within the guidelines of the permit. Discussion about this.

Paul Mortzheim also raised his concern with Page 4 Item C. Seems like a loophole and didn’t seem to say anything. Discussion. Also, Page 5 J, appears to state there is indemnity during construction/operation (for ex: A road is damaged while operation is ongoing, this causes an accident/death, and the contractor is not held liable?). Discussion. Richard Biggio indicated that page 5, H, ii seems to cover that.

Paul Stermer asked about permits for overweight loads, or rather, loads that the truck is capable of hauling. The local town roads are not capable of handling overweight loads.

Paul Stermer also asked about whether the Town would have to enforce the haulers to pay prevailing wages of workers. Discussion. The contractor would have to comply with NYS standards if a public worker. If workers are Town employees, prevailing wage is not required. Any worker within a construction company who is hired by the Town and who is not the owner of the construction company must be paid prevailing wage by the construction company.

Lloyd DeMun made the motion to table until all concerns can be addressed, and Legal can review. Richard Biggio seconded. Roll – all agreed.
Motion Carried

Regular Town Board Meeting – 8:56pm

Announcements by Richard Biggio
• Bowers and Co. – a CPA firm offers to do audits of Town Justice records.
• The Association of Towns annual dues will be $500

Old Business:

• JCAP grant clarification re-addressed – CPE will provide less expensive services for security including recording cameras. The current question is to go ahead with the 2 cameras or not. Town Board discussed and believed this would engender a false sense of security. Gerry Simcoe wondered how the work would get done if there are two people working but one is watching the monitor at all times.
• A door buzzer/controlled access would be better. Lengthy discussion about how cameras would allow Court Clerk to see who was coming in the door; greater security in the event of violence; potential to dissuade someone from engaging in violence. Board expressed concerns about the false sense of security, and about civil liberties being threatened with the presence of cameras. Even though cameras were everywhere, that doesn’t mean it’s right. Having them in the Boardroom felt like an infringement. Tracy Wilson indicated the monitoring could be limited and the camera in the Boardroom would be facing the Judge’s bench.
• Town Resident, Dale Salisbury, asked that the following be included:

o In essence, Al Salyerds, Town Resident, commented that the Town needs something because he sat near a gentleman at the last meeting who once took it upon himself to shoot his house all apart and thought aliens were after him, the troopers almost shot him. Who’s to say he

o doesn’t take offense to something you do and come wandering in and go at this place. If you make it well-known that behavior is monitored, that might stop some of the thinking but it won’t stop the lunatic. You would know later who did it.
o Gerry Simcoe stated that the same guy who came to the board meeting was messed up because of his medications, it wasn’t anything he did, and that could be true of any of us.

Richard Biggio expressed support for 2 cameras and made a motion to accept cameras as part of the JCAP grant. Gerry Simcoe seconded. Roll, Richard Biggio – yes. All others opposed.
Motion Failed

New Business:

• Ann Pfau, Chief Administrative Judge, sent a letter requesting a copy of the most recent resolution accepting the most recent audit of the Judge’s finances. This was already sent and Richard will see what she’s looking for, as the next audit will be in January 2012.

• There has been an announcement of a 2% Property Tax cap. This will affect the town in a negative way. The Town Board will know better during budget season. But the Town can supersede this decision with a motion by 60% of the Town Board.

Bob Nichols – County Legislator:

• Budget Process – the 2% tax cap exempts retirement system. It appears to be a game that the government may be playing so they look like the good guys by keeping taxes low, then local governments pass for higher taxes, making local governments appear to be the bad guys. The Senators supported the 2% tax cap, but I don’t know about Phil Palmesano.
• There are unfunded mandates for 2012 that will be a $700,000 increase over 2011. These included early childhood intervention, Medicaid, and probation officers.
• Obama’s funding to keep Medicaid costs down is gone. This will now cost Steuben County $1 million. This will mean decreases in things like construction work and sheriff road patrols. The Legislators are talking about overriding this.
• The reserve for the Health Care Facility in Bath will be gone in a couple of years and will need to be figured out. They could sell it to a private vendor, who can then pay their workers less. Currently, residents at the Facility get Medicare coverage for 10 days if they’re 65 years old and older. Then for 3 years it’s covered by their personal assets at $280 / day. Then Medicaid pays after that.
• Regarding Social Services – a great deal is mandated. For example, the time frame from the time of application for services, to the time of determination, is dictated. If that time frame isn’t met, the State fines the County and the costs are more than the cost for a worker.
• HEAP will see changes this year…. Available later in the year.
• Dog Licensing was given up by the State because it was not a money maker.

Bills:
Bills were reviewed. Motion to pay bills made by Gerry Simcoe. Seconded by Lloyd DeMun. Roll – all agreed.
Motion Carried.

Motion to adjourn meeting made by Paul Mortzheim. Seconded by Lloyd DeMun. Roll – all agreed.
Meeting adjourned.

Respectfully submitted,

Megan Thistle
Lindley Town Clerk

2011-09-22T13:01:00.001-05:00

Lindley Town Planning Board September 19, 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, Pat Simcoe, Earl Titus, Pat Clark and CEO, David Fuller. Six visitors were also present.

Minutes of the August meeting were read; a Motion to accept the Minutes as read was made by Earl, seconded by Pat C. and unanimously passed.

Thomas A. Neitz presented a drawing of a proposed Minor Subdivision for Tax Map #424.00-1-041.200. He proposes to subdivide 40 acres from an original 165 acres North of the new Route 15 (the former Paul Stermer lot).

A Motion to approve the Minor Subdivision as presented was made by Fran W., seconded by Earl and passed unanimously. A short EAF was filed and the $5.00 fee paid.

A Minor Subdivision was requested by Melvin Smith, 8770 Gibson Hill Road, Tax Map #387.00-01-030.110 to separate a 2.2 acre parcel with home from a larger 25 acre lot. The property buyer's bank will only mortgage the 2.2 acre parcel with home; therefore, a 2.2 acre subdivision from the 25 acre lot was requested. Mr. Smith will hold the mortgage on the remaining 22.8 acres. Yorio & Roche presented the application for Mr. Smith via mail.

A Motion to approve the Subdivision as presented was made by Earl, seconded by David and unanimously passed. A short EAF was filed and $5.00 fee paid.

Krystal Butler and Bernice Lauterborn asked the Board what needs to be done to place a single wide manufactured home on 85 acres. The Board indicated that a CUP and Public Hearing are required. All agreed they did not foresee any problems with placing the home on the 85 acre lot since set backs can easily be met. Perk tests are underway and Dave reminded them that the well must be placed at least 100 feet from the leach field. A Public Hearing will be scheduled for October 17, 2011.

Oct. 18 a training session will be held in Big Flats concerning Rural Planning, Revising Zoning, and CUPs. Mary, Pat S., Fran W., Dave Fuller and possibly Pat C. will attend.

Thursday, Sept. 22 at 6:30 pm the League of Women Voters will host the DEC environmental review of the Marcellus Shale at the Steel Memorial Library in Elmira.

The Planning Board received a letter dated August 25, 2011 from Dominion regarding Dominion Transmission, Inc. - Tioga Area Expansion Project Land Use Information Request. As Lindley's involvement was equipment modifications within existing Lindley Gate, no action was required by the Board.

Concerning the Hawbaker Mining property on County Rt. 120 (River Road), copies of the Hawbaker Mining Permit and the records from the previous Mining/CUP issued to Robbins and Tyjor were made available for Board review. The Board agreed since the CUP had not been used for more than a year, Hawbaker must file a new CUP. A stop order was issued in 2005.

Dave reported on his inspection of the Bending Rivers Trailer Park. The NYS Dept. of Health has issued the Trailer Park owners a warning they will be shut down if the State's requirements are not followed. Dave noted there has been an issue with campers placed in the trailer park section and trailers placed in the campground section which is not allowed. They are currently updating the park electric, water, and sewer; no building permit is required for these upgrades.

Campgrounds are licensed by the State. Dave stated the Lindley Zoning Law has minimal regulations regarding campgrounds, no limit on size or number of campers, just the restriction that camper living has a six-month limit. It was determined that the Town needs to regulate camping better and Board members need to determine what areas should be covered.

Kitty Pierce reminded Board of the Historical Society meeting scheduled for Thursday, Sept. 22.

Dave gave a permit to replace the burned out trailer on the Herrick property to Jeff and Jessica Neally. In researching the original CUP, Dave discovered the original CUP was issued May 17, 1999 as a temporary second residence to be renewed in two years. It has never been renewed. Dave will consult the Town Attorney for advice on how to proceed.

At 8:25 pm a Motion to adjourn by Earl, seconded by Fran was unanimously passed.

Respectfully submitted,

Janice Oberlander
Recording Clerk

2011-09-15T13:30:00.001-05:00

The Lindley -Presho Historical Society will resume monthly meetings on Thursday -September 22nd 7 P.M. at the Lindley Town Hall.

Several new Family Histories and books that have been added to the Historian's files will be available for browsing.

I am bringing Dick Riffle memoirs that I purchased from him. He is working on a program so those interested can read it on line at home and print it out if they wish. (Hope to know more by the meeting .)

Other notebooks from the files will , also , be available for viewing.

We always have a good time when we just visit and share stories-so thought this meeting would be a good time to that again .

Hope you had a great summer .
Kitty

2011-09-08T13:19:00.002-05:00

The Public Hearing regarding the Highway Superintendent Position being elected vs. appointed was held August 31st, 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
- Dick Pierce’s Commentary
- Al Schoonover’s Commentary
- Legal Opinion
- Sally Orr’s Commentary
- Star Gazette Article

• Meeting was called to order by Richard Biggio at @ 7:02pm.

• Pledge to the flag completed.

Announcements by Richard Biggio:

• Richard introduced the meeting, indicating this was not a debate but an opportunity for residents to express their input on whether they felt the Highway Superintendent Position should remain an elected position or become an appointed one.

• Richard stated that over the past year, petitions had been received both in favor of, and in opposition to, the position becoming appointed. The Board determined that action was warranted and the public hearing was to address both points of view and decide if it would go to ballot.

o Richard read an article posted in the Star Gazette written by the President of the NYS Supervisor of Highways, reflecting opposition to making the position appointed.

o Richard read the letter sent by Sally Orr, reflecting her concerns that sending the referendum to a vote would potentially remove the voters rights to vote on this position in the future.

o Richard read a legal brief on a Highway Superintendent position becoming an appointed position, and that this would be beneficial to a town.

• Richard commented that the town is losing a very good man for the job, who has put in untold hours over the past 34 years.

Public Comments:

Jack Smith: What was the Commission mentioned in the readings?

Jim Lundgren: This was Cuomo’s commission during his budget process. I would like the question of elected vs. appointed on the ballot in November. I am strongly in favor of an elected position. Our walls show pictures of people who served Lindley and they didn’t die so Lindley could give up their right to vote. This movement has been going on a long time. Our freedoms are being undermined as if we aren’t fit to vote. I’m fed up with my government telling me I shouldn’t vote. Ben Franklin was asked “what have you wrought”. He replied “a Republic, if you can keep it.”

Richard asked for an informal vote from the audience of who agreed with Jim’s sentiments. Large majority raised hands.

Dick Pierce: I have 39 residents on a petition to keep the Highway Position elected. We want to keep it elected. Dick Pierce read his comments: in summary: 1. Aware of Governor Cuomo’s Commission to reorganize NYS. The big push was to consolidate. 2. Abe Lincoln once said you can fool some of the people all of the time and all of the people some of the time, but you can’t fool all the people all of the time. Replace the word “fool” with the word “please” and you can appreciate Dick Johnson’s job. 3. I raised my right hand and swore to protect our constitutional rights. Please don’t give up your right to vote for our Superintendent of Highways.

Richard Biggio: We are here for the same reasons. We want better roads.

Al Salyerds: If it’s not on the ballot, will it stay elected? I’m against it going on the ballot.

Richard Biggio: Richard asked for a show of hands of who agreed that it should remain an elected position. Large majority raised their hands.

Discussion continued, with the following key points (audio is available for listening during Clerk hours):

• Qualifications of position – anyone can be elected in and then must pass the Civil Service Exam.

• A defensible plan developed by an engineer is needed.

• The 3-man crew for the past year has done an excellent job but is not best case for safety and snow removal.

• Pay and benefits currently stand at approximately $54,000. This is going to be reviewed during the budget season after September. Nothing has been discussed at this point. This job is salaried and so there is no overtime pay. Lindley Highway salary is comparable to most other towns. Current Benefits package is for 2 person home. Future benefits will be discussed during budget season.

• Al Schoonover: Three issues – Highway is the greatest expense and asset of the town. We’ve had the same Superintendent for 34 years in all kinds of weather, hours and health. He had 2 mentors, and he is responsible for: maintenance of 50+ miles of road; crew and staff; truck and equipment; repairs; paperwork; no extra pay; OSHA regulations; instruction of safe use of equipment; finances of $551,881/year which is 68% of the town budget.

• Discussion regarding if it’s appointed, there are 5 people vs. one person to manage all the above.

• Discussion of the absence of a current application. Richard Biggio is not running but would consult with the Board if asked. Cornell Local Roads also has a program that would greatly benefit the next Highway Superintendent. The Delta Engineers Road Use Agreement has looked at all roads and would be a good start. It wouldn’t take much to start improving the roads.

• At the current time there is no road plan. The Board went forward with the Delta Road study to prepare for future plans.

• Money is still allotted for Dust Control every year. The money used for the Delta project was not money taken from Dust Control. There is a surplus of money for Dust Control in the budget every year.

• If no one runs for the position this fall, someone will be appointed in January for 2 years. The individual previously interested should run. If he gets elected he can then see what discussions have occurred regarding benefits and salary. He can still keep his old job and decline the election if it doesn’t meet his needs. No meetings have occurred in public or private about the budget at this time.

• The salary and benefits would remain the same once determined at budget time, regardless if the position was appointed or elected.

• An appointed position would have duties that by law the Board cannot interfere with. An elected official has even more leeway. If appointed, there is a lot the Board can stipulate, but serves at the pleasure of the Board.

• If the appointed position gets elected through, it will remain an appointed position until the public goes through this process again and elects to make it an elected position.

Board discussed among themselves in the presence of the public. Paul Mortzheim made the motion that the Board pass a Town Law: the option to choose to make the Highway Superintendent Position an elected or an appointed position be placed on the November 2011 ballot. Roll: Gerry Simcoe – yes; Paul Mortzheim – yes; Richard Biggio – No; Lloyd DeMun – yes.

Motion Carried

Richard Biggio called for an Emergency Meeting at 9:00 pm to write the local law voted on in the Public Hearing.

Resolution to Place the Highway Superintendent Elected vs. Appointed Question On the November 2011 Ballot

Whereas: the Town Board recognizes the local petitions supporting that the position of Highway Superintendent be placed on the ballot as a permissive referendum and,

Whereas: the office of the Highway Superintendent will be an appointed position for the term of two years, effective the general election of November, 2013.

Now Therefore be it resolved: the Town of Lindley in Steuben County, New York, puts forth on the 31st of August, 2011, Local Law #2 of 2011 entitled The Town of Lindley Highway Superintendent Referendum, to become effective during the next General Election in November, 2013.

Gerry Simcoe made the motion to adopt the Resolution. Richard Biggio seconded. Roll – all present agreed.

Resolution Passed.

NOTE: The following day, clarification from the Board of Elections was sought, regarding how the question needed to be stated on the ballot. During this conversation, it was discovered that because this position was up for election this year, the Town Board needed to file the question 150 days prior to the election. This question will not appear on the General Election Ballot of November 2011.

Respectfully submitted,

Megan Thistle
Lindley Town Clerk

2011-09-06T08:57:00.002-05:00

9/11 Anniversary Memorial & Remembrance Service

The Presho United Methodist Church Invites you to attend a very Special 9/11 Anniversary Memorial & Remembrance Service at 9:00am, Sunday, September 11, 2011.

We will come together to remember the 9/11 victims, survivors, and the many that rose in Service in Response to the 9/11 tragedy, including First Responders. We will honor the members of the Town of Lindley's Fire Department for their Service as our own First Responders. Catherine Pierce, Town Historian assisted by Sally Orr will share the history of our Fire Department with photos and stories of their dedicated service.

A special Brunch will be served immediately following the service. All Brunch donations will be presented to our Fire Department. Hope to see you! Contact Sandy Hall (523-7236) or Brenda Criss (523-8083) for further information.

2011-08-30T08:01:00.000-05:00

WVIN 98.3 FM is recognizing active duty service members from our area each Wednesday at 11:45am. They have asked if I could continue to help the station gather names and information.
The requested information is:

Rank:
Name:
High School and year of graduation:
Branch of service:
Current assignment:
Spouse and children's names (if applicable):
Parent’s names and where they live:

You can drop this form off at the Steuben County Veterans Service Agency, 20 E. Morris St. in Bath or e-mail the information to deniso@co.steuben.ny.us . She will make sure that it gets to WVIN.Thank you,

2011-08-29T10:13:00.002-05:00

NOTICE
Town Clerk's Office is Closed Monday, September 5th for Labor Day.

2011-08-29T09:59:00.002-05:00

There will be a Public Hearing on Wednesday, September 14th at 7:00 pm at the Town Hall. The Public Hearing will address adopting the Delta Road Use Agreement Local Law. Regular Board Meeting will follow.

Lindley Town Board
8/29/2011

2011-08-25T14:41:00.000-05:00

The Lindley-Presho-Caton Pantry of Angels Food Pantry is holding a Pancake Breakfast Saturday, September 10th from 10:00 am - 12:00 noon at the Caton United Methodist Church. All are welcome to attend. Donations are appreciated.

2011-08-22T08:12:00.000-05:00

The Lindley Town Audit Workshop and Old Business Meeting was held on
August 17th, 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

Absent:
Paul Stermer – Councilman

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

Old Business:
Richard Biggio initiated discussion of the Cemetery RFP. Ron Smith of Addison reviewed his experience with mowing, and his planned direction for Fairview Cemetery. Discussion occurred about collaboration with a town volunteer group, number of mows planned per season, what to do with flowers/containers at the end of the year, and the shrubbery and overhanging limbs at Fairview. Town Board and Mr. Smith decided Mr. Smith would begin this weekend, finish out the mowing season, and take notes about things that are needed. He would also mow Lindsley and Fairview not more than 8 times in 2012. Work would include mowing, weed-whacking, and clearing off the headstones. If Town Board and Mr. Smith agree, contract would continue into 2013. Paul Mortzheim made the motion to accept the agreement as discussed. Lloyd DeMun seconded. Roll – all agreed.
Motion Carried

Richard Biggio indicated the Public Hearing regarding the Highway Superintendent position needed to be scheduled. Marc Stocum asked for clarification about the Board’s planned direction regarding health insurance for the position. Richard acknowledged that while the budget process hadn’t started and there was no real indication of what the results would look like, the Board would be looking at changing the health insurance plan for the position, meaning that it may no longer be the same plan as the Teamsters, as in years past. Marc Stocum expressed appreciation for the Board’s honesty and said that he would not be running for the Highway Superintendent position after all.

The Board set the Public Hearing for the Highway Superintendent position (appointed vs. elected) for Wednesday, August 31st at 7:00 pm at the Lindley Town Hall.

Richard stated that another Public Hearing would be needed to discuss making the Delta Engineering model law a local law. This law would reflect the findings of the Road Use Analysis and protect the taxpayers from the burden of paying for road damage caused by heavy equipment road use. Discussion about how to keep track of, and enforce, the law. Mechanisms would be dictated by the law, requiring notification of DEC and the State of the local law, and that any company that seeks a permit from DEC to work in this area would then be directed to the Town of Lindley.

The Town Board decided to hold the Delta Engineer Model Law Public Hearing on September 14th at 7:00 pm, with the Regular Town Board Meeting to follow.

The Town Board agreed to pay the final invoice of the Delta Engineering project.

Richard announced that Pam Gee is reviewing the law regarding Towns setting their own speed limits.

Lloyd DeMun announced that he spoke with Ted Walker of Cold Springs regarding the Kuhl Rd. bridge. Mr. Walker will strip the bridge and place fabric and new paving over the bridge after straightening Watson Crk Rd. Time frame is unknown at this time.

Emergency Business
Richard announced that Tracy Wilson was seeking guidance on the JCAP grant. She has been unable to get a response from the original contractor regarding the panic button installs. She is time-limited with respect to spending the JCAP grant, and after further research she proposed going with a different contractor who would provide duress buttons and security cameras at a lower annual cost. Discussion about the need for cameras and the false sense of security these would offer. Councilmen determined that cameras were not acceptable but a controlled entry/door buzzer was preferable.

Paul Mortzheim suggested that given Dick Johnson’s years of service, the town should do something of significance for him. It was decided that after the election, the Town would re-address this.

Audit:
Audits were completed on the July 2011 Town Clerk financial records.
Audits were completed on the June and July 2011 Finance Director financial records.

Lloyd DeMun made the motion to adjourn the meeting. Gerry Simcoe seconded. Roll – all present agreed.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

2011-08-18T13:31:00.001-05:00

The Lindley Town Board will hold a Public Hearing regarding whether the Highway Superintendent position should become an appointed position, or remain an elected position. The Public Hearing will be held on Wednesday, August 31st at 7:00 pm at the Lindley Town Hall, 637 US 15, Lindley.

By order of Richard Biggio
Lindley Town Supervisor
8/18/2011

2011-08-17T11:25:00.002-05:00

Town of Hornby
In co-operation with
Steuben County Public Health Service
Will sponsor a

Free Rabies Clinic
Open to all residents of Steuben County
At the Hornby Highway Garage
5004 Dyke Road

Friday September 9, 2011
5:00 pm to 7:00 pm

Dogs, cats & domesticated ferrets welcome. Dogs must be on leashes. Cats and domesticated ferrets must be confined.
Please bring proof of prior rabies vaccination.

Due to increasing costs, a $5.00 donation per pet is requested, but not required.

For more information call
Hornby Town Clerk @ 962-0683

2011-08-17T10:56:00.000-05:00

RABIES CLINIC
SPONSORED BY:
TOWN OF CATON
In cooperation with
Steuben County Public Health Service

Caton Fire Hall
1118 Caton Road, State Rte 225
Friday, September 23, 2011
5:00 to 7:00 pm
Dogs and cats welcome and must be confined.

Please bring proof of prior rabies vaccine record,
if available.
DUE TO INCREASING COST OF VACCINE,
DONATIONS ARE APPRECIATED.

For more information call
Caton Town Clerk @ 524-6303

2011-08-17T08:09:00.000-05:00

LINDLEY TOWN PLANNING BOARD
August 15, 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 Pat Simcoe, Pat Clark, Earl Titus and CEO, David Fuller. Steve Ritter, ZBA Chairman, and 3 visitors were also present.

Minutes of the July 18, 2011 meeting were read. A Motion to accept the Minutes as read was made by Pat C., seconded by Dave and passed unanimously.

The Board reviewed an Area Variance Application submitted to the ZBA by Holly Rowles of 9394 Caroline Drive, Tax Map #406.03-01-028.000. The request is to get a waiver on the required 25' rear yard setbacks for undersized lots. They would like to add an accessory building with 8' rear and side setbacks.

10.0.6 Existing Undersized Lots in the Town Zoning Law states:

4. No detached accessory building shall be located closer to a side lot line than five (5) feet and three(3) feet to the rear lot line if no easement is located along such rear lot line.
5. All other density requirements are complied with (10% maximum lot coverage).

Per a drawing submitted with the Application and the Zoning Law, the Board and ZBA Chairman, Steve Ritter, agreed a Variance was not needed. Steve will contact applicant.

Rich Biggio contacted the NYSDEC and requested a copy of the renewed mining permit issued to the property located on Route 120.

At 7:23 pm Earl made a Motion to adjourn, Pat C. seconded and the Motion passed unanimously.

Respectfully submitted
Janice Oberlander
Recording Clerk

2011-08-16T09:28:00.000-05:00

The Regular Town Board Meeting was held August 10th, 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
Gerry Simcoe - Councilman
Paul Mortzheim – Councilman
Paul Stermer – Councilman

Absent:
Richard Johnson – Highway Superintendent

Attachments:
-attendance list
-agenda

• Meeting was called to order by Richard Biggio at @ 7:02pm.
• Pledge to the flag completed.
• Minutes of the prior meeting was accepted as amended. Please see 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:
• A letter was received by Governor Cuomo discussing efforts to reform local government.
• A letter was received by Senator Schumer regarding money available to preserve the history and culture documenting Democracy. Kitty will receive a copy.
• The DEC is offering grant money to support residential concerns and education addressing environmental dangers to the communities, as well as other grant opportunities:
• Dietary
• Housing
• Interprofessional Collaboration
• Literacy
• Water Tankers on River Road – Made a complaint to Vince Spagnoletti. Within 3 hours the trucks had been rerouted. Paul Mortzheim asked about water removal at the boat launch – this could be Cold Springs drawing water. They have a permit.
• There are mandates coming regarding sewage treatment plants – they will soon be required to remove pollutants like nitrates and phosphorus. This is in spite of the fact that these pollutants are not locally created.
• NYSDOH - There was a brown bat checked for rabies. Unfortunately the specimen was in poor enough shape that a test could not be conclusively drawn.

Public Comments:
Dick Pierce – raised concern about the intersection by Lindley Church at Watson Crk Rd. Trucks have to line up and traffic slows. It’s dangerous.

Gerry Simcoe – they’re going through Lawrenceville and the back road to get here.
Dick Pierce – also, the mailbox next door is obstructing the view of the southbound traffic when leaving the Town Hall parking lot.
Richard Biggio – Paul McAnanny has put up more signage. He says that the level of complaints about rumble strips would necessitate removal within a couple weeks.
Dick Pierce – could we widen the turn?
Kitty Pierce – could we make from Green Shingles to Presho a construction zone?
Richard Biggio – Different activity levels mandate signage. We may need to tough it out until 2014.
Jim Lundgren – Will it be 2014 or 15? The Field Office is telling me at least 2015 now. Truck traffic is a State of NY issue.
Richard Biggio – it’s a money issue. It’s a balancing act between normal maintenance costs, and sometimes big projects suffer. It’s a safety hazard but they’re signed, and they’re enforcing it.
Dick Pierce – it’s an issue of common sense.
Jim Lundgren – McAnanny told me they adjust the highway speed based on how fast people are driving.

Dave Fuller – Just to let the Board know, Bending River Estates is going to be doing some digging and repairs. Nothing yet that needs a permit.

Fran Woodring – What about that DEC permit issue on River Rd. - Hawbaker section?
Richard Biggio – Mr. Army has sent everything the Board needs except the drawings. We are reviewing this and there’s no need for action for a mine. Their sole purpose of acquiring that entry across from the Clark’s is to avoid competition in the future. Hawbaker’s will still need to come to the Lindley Planning Board before it becomes an active site, or Lindley Town will sue DEC.
Fran Woodring – does that permit allow mining?
Richard Biggio – It needs improved drainage and correction action first. They will need to go through a re-permitting process first.
Gerry Simcoe – are they liable for the damage to Watson Crk Road?
Richard Biggio – as they take action we will keep an eye on them.
Lloyd DeMun – and there’s no other access?
Richard Biggio – it’s too steep or roundabout.

Steve Ritter – The Planning and Zoning Boards have reviewed the Comprehensive Plan and the Zoning Laws to check for any gaps. The inconsistencies seem to be around Conditional Use Permits. Our goal is to align these documents. As we continue working, we will come to the Board with our recommendations.

Willis Haar – to Dave Fuller – there is a single-wide trailer now on River Road behind a barn, where the trailer burned this year. Discussion about whether there was an appropriate permit in the past, with contingencies. Dave Fuller will review paperwork.
Dave Fuller - requested the Planning and Zoning Boards attach property number with decisions so Dave can more readily access information in his files.

Linda Swan – What do we do about trespassers and theft on our property?
Richard Biggio – call the sheriff/troopers.

Paul Mortzheim – My opinion is to contact Vince Spagnoletti and see about making all the town roads 40 miles per hour. Discussion about whether this is actually a State decision. Richard B. indicated this might be something that could spin-off from the Road Use Agreement. Ron Mosher suggested a website address that he could provide. Richard Biggio also indicated he would do a search for this site. This provides information regarding townships to setting their speed limits.

Old Business:
Richard Biggio raised the discussion about what to do regarding the Highway Superintendent Position (put on ballot for public to decide if it becomes appointed or remains elected). Discussion about giving up the right to vote by making it appointed; allowing more people (Board Members) input on the use of the budget (if appointed). Next step would be to decide as a Board to hold a public hearing and then vote based on public views on whether the question is placed on the ballot in November. If the public votes in November to make the position appointed, then the discussion becomes what level of service is the town willing to fund.

Gerry Simcoe commented that it appears, based on the petition initiated by Al Schoonover, that the Board should move ahead and let the voters decide at the election. Paul Mortzheim agreed. Paul Stermer indicated he was neither for nor against. He commented that this was the third time this has come up, to his knowledge. Lloyd DeMun wondered what it would hurt to put it on the ballot.

Jim Lundgren expressed his concerns with the effort the town’s and nation’s military have put into keeping our freedoms and it seems freedoms are removed one at a time. Further discussion about the drawbacks including more work for the Board, removal of voter’s rights, fears about whether this then means another position of management to manage the appointed person; Pat Clark commented on the potential to have more control over how a person functions and possibly get someone better if appointed.

Ron Smith asked if anyone had spoken to Dick Johnson. Paul Mortzheim indicated that Dick has said he doesn’t like the idea of an appointed position. Richard Biggio commented that he doesn’t like the appointed position idea, because then the person serves at the pleasure of the Board and can always wonder “when are they going to get rid of me.” Kitty Pierce pointed out that the current Board make-up won’t always be the same. Richard Biggio acknowledged and said that would be why there would be amendments made to the law. Further discussion about majority rule, pros and cons of appointed or elected.

Paul Mortzheim made the motion to put as a Public Referendum to change the elected Highway Superintendent position to an appointed Highway Superintendent position. Seconded by Gerry Simcoe. Roll: Lloyd DeMun: yes; Gerry Simcoe: yes; Paul Mortzheim: yes; Richard Biggio: yes; Paul Stermer: no.
Motion Carried

Richard Biggio indicated that the next meeting will cover when to organize the public hearing for this motion.

New Business:
Richard announced that the Deputy Town Clerk and the Custodian have resigned after many years of service. He stated that this will be a loss in both cases and difficult to replace. Richard indicated his plans to recognize their service with a plaque or some token. This will be discussed further. Paul Mortzheim indicated he thought there was about $200 in the budget to allow for this.

Richard opened the Bid from Ron Smith of Addison for the Cemetery Mowing. Richard reminded the public that the bid was in response to the one mowing episode earlier this year. The bid was read and Richard indicated Ron will need insurance. The Board will need to call his references. Process will go from there.

Jim Lundgren asked about the procedure for bids and commented he had planned to offer to do this for $200 per mow, with the 4th free. Richard indicated it had been in the papers and posted at the Town Hall, with a due date of August 6th. Richard B. indicated if Ron Smith works out for the Town, they will not re-bid the job if happy with his work. Jim Lundgren asked to be informed, if bidding again.

Ron Smith indicated he does Cemetery mowing in Addison and will be present next week to answer questions from the Board per Richard Biggio. Ron stated that he will mow both Lindsley and Fairview for $550 total each time. Richard indicated they will go over details at the next meeting.

Richard commented on the Dog Census. There has been a good response. There are about 100 people to double check with through visits by Chemung SPCA, either because they didn’t respond, or needed more time for rabies shots. There are currently 360 dogs licensed in Lindley, up from 187. The money coming in pays for the contract with Chemung County SPCA and licensing fees at the Town Clerk’s office, since NYS is no longer paying for tags and renewal forms/postage/ink.

Richard indicated that the Engineer Report for the Road Use Agreement for Delta is complete. The Board will review. Discussion about how this will protect the roads if they come under heavy road use; who keeps track of the information/road use; training that goes with the report. Richard B. will talk with Delta regarding the time frame for the training.

Richard stated that there has been a request from the Election Inspectors that they have a key to the Town Hall on the days of elections. Gerry Simcoe made the motion to provide a key to the Election Inspectors for the day of election. Lloyd DeMun seconded. Roll – all agreed.
Motion Carried

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

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

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

2011-07-25T09:55:00.001-05:00

The Lindley Town Audit Workshop and Old Business Meeting was held on
July 20th, 2010 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
Gerry Simcoe – Deputy Town Supervisor

Absent:
Paul Mortzheim – Councilman
Paul Stermer – Councilman

Reading of the Minutes:
Town Clerk read the minutes from the 7/13/2011 Regular Board Meeting. Lloyd DeMun made the motion to accept minutes with modifications. Gerry Simcoe seconded. Roll – All present agreed. Motion Carried.

Announcements by Richard Biggio:
There is a legislative meeting on Monday July 25, 2011 that will include a 911 Phone System RFP discussion.

Old Business:
Richard Biggio initiated review of public feeling about Highway Superintendent Position being elected vs. appointed. Decision to table further discussion as board was missing 2 members this evening. However, Richard B. expressed his opinion that if it does go to Public Referendum, Cornell Local Roads must be involved for training so that the Board knows what they will be asking of an appointed Highway Superintendent.

Cemetery Mowing – Board members reviewed the Cemetery Maintenance RFP. Decided notice of the RFP will go into both Addison Post and the Leader. Can be picked up at the Town Clerk’s Office and sealed bids are due back no later than 10:00 am at the Clerk’s office. A PDF format will be provided for emailing if requested.

Gerry Simcoe made the motion to accept the Cemetery Maintenance and Mowing RFP. Lloyd DeMun seconded. Roll – all agreed. Motion carried.

Transfers:

Two transfers are needed:

From A1990.4 to A1660.4 - new lawnmower $166.95
From A1990.4 to A8510.4 - Community Beautification - Flags for Memorial Day $50.98

Gerry Simcoe made the motion to accept the transfers. Lloyd DeMun seconded. Roll – all agreed, motion carried.

Audit:
Audits were completed on the June 2011 Town Clerk financial records.
Audits were completed on the April and May 2011 Finance Director financial records.

Lloyd DeMun made the motion to adjourn the meeting. Gerry Simcoe seconded. Roll – all present agreed.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

2011-07-21T14:15:00.001-05:00

The Regular Town Board Meeting was held July 13th, 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
Gerry Simcoe - Councilman
Paul Stermer – Councilman

Absent:
Paul Mortzheim – Councilman
Richard Johnson – Highway Superintendent

Attachments:
-attendance list
-agenda
-NYS DEC announcement of Clean Air Grant money
-Request of Bid, Proposal, Quotation for Cemetery Lawns & Grounds Mowing and Maintenance

· Meeting was called to order by Richard Biggio at @ 7:00pm.
· Pledge to the flag completed.
· Minutes of the prior meeting was accepted with clarifications/corrections. Please see 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:
NYS DEC is offering some funds to try to clean up air, educate communities not to open burn as it may pose safety hazards. Could receive $5000 if meet criteria. Information is available in the Town Clerk’s office.
Rural Metro discounts – some residents have not received a town discount when they have used the ambulance service. The announcement is on the blog to contact Richard Biggio. Will be put into the Leader and the Addison Post, and posted on the building as well. Mr. Lewis of Rural Metro will get this corrected if he knows who they are.
NYSDEC Periodic Review Report – announcing they are monitoring closed sections of the Lindley Landfill. The County will be handling this but NYS DEC is letting us know.
Sprague Insurance – has sent a third annual return installment to the town in the amount of $900.
Kathy Biggio – has located where the remaining balance of the Power Authority Grant went, they deposited $4000 into an old bank account at Chase that had reportedly been closed per Town request. This will be moved over to Chemung Canal, our current bank, and all accounts at any old bank will be closed.

IRS – the IRS has still been contacting Kathy regarding the mix-up between towns who owe them money. A town in arrears received a collection letter, saw that their town number was Lindley’s and so they forwarded the collection notice to Lindley. This was in error but Kathy has been struggling the IRS supervisor for weeks. We sent them a of our complaints regarding treatment and service. They returned a letter of apology for treatment received. Our accounts are in order.

Public Comments:
Lanny Plumley – regarding gas wells, where does the number of 6-7 come from?
DEC website at one time, but also from presentation that was done here regarding the potentials.
Lloyd DeMun – Ithaca has voted no 'fracking at all. Can they do that?
No, this is why the Board contracted with Delta for the Road Use Agreement regarding undue stress on the roads.
Dick Pierce – I heard today that those water trucks carry 80,000 lbs. They also need to do something about the entry to the highway by the church…. You make the traffic hold for you and it gets backed up, they get annoyed.
Gerry Simcoe – some dump trucks are running stop signs.
Lloyd DeMun – saw some carloads and troopers in the parking lot – Coldsprings trucks. Something was going on.
Paul Stermer - trooper was trying to figure out who was pulling up the electric lines on River Rd.
Richard Biggio – sounds like another call needs to be made to Paul McAnanny.

Richard Biggio – we did pretty good on the initial dog census mailing and rabies clinic. Also sent out a second notice to those who didn’t respond. Then will do house visits.
Gerry Simcoe – third time around might get a ticket?
Richard Biggio - we can do that.

Dick Pierce – the tanker business is going to get worse. We’ve had enough people killed on this road.
Richard Biggio – I think they were thinking of utilizing the railroad cars. Can’t stop them from using state and county roads. Discussion about the history accidents on Rt. 15 through Pennsylvania and NY. This is the last stretch. The troopers are here and McAnanny does what he can.
Kitty Pierce – rumble strips?
Richard Biggio – the level of complaints generated will result in removal of the strips.
Dick Pierce – what does DEC say about the dust?
Richard Biggio – Construction is supposed to take care of that.
Lloyd DeMun – I think he means on his road.
Richard Biggio – will have to go slow. Hopefully it will get oiled this year.
Dick Pierce – 40 miles per hour is still too fast, even the trooper told me it was too fast.
Richard Biggio – a lot of hype for gas wells…. It is a monopoly board at the moment and every company is trying to buy as much as they can because not every well is a jackpot. Need a lot of wells so some can be recuperating, while they go to another well. It will be a good thing for the area but in ten years it may not be that way.
Ron Mosher – discussion about the commercial traffic that passes his home on N. Clendenning to get to Sunflower Acres Campground in Tuscarora. There is non-stop traffic, no dust control, they use calcium and water truck. Does Dick Johnson ever come to any of the meetings any more? I would submit that this road has the highest traffic in the township, and it’s heavy traffic in volume and type

of vehicles (trailers, campers etc). Been after this for years. We’re maintaining the roads for non-township traffic.
Richard Biggio – this is why we’re going to revisit the appointed vs. elected issue for the job. To take away an elected position is not easy. A plan would help address these issues. We need a comprehensive plan that could be followed, we have an obligation to protect residents and address all traffic. This would help mitigate the dust and protect the health and welfare of the citizens.
Lanny Plumley – there’s also a lot of Campground traffic on Gibson. Calcium doesn’t work. Plus Dick Johnson is still over on the other side of the town and doesn’t get to this side of the town until the fall.
Lloyd DeMun - Money for dust control oil is in the budget. Nothing the board can do to make him oil the roads. Dick won’t do any oiling because he has said he won’t be responsible for who gets dust oil and who doestn. We ask him, he doesn’t answer back.
Rudy Jakubik – if the campground is out of the township, can’t the town lawyer file a complaint and have the campground utilize some of their profits for dust control?
Richard Biggio – the town will not get legal support to stifle commerce.
Al Salyerds – if you pursued legal action, they would just say that if it bothers you, pave it.
Richard Biggio – you can write a notice of defect and legally he has to fix it.
Kitty Pierce – what about the towns using brine?
Richard Biggio – it helps compaction, but it’s slippery when wet, and slimey dust is created.
Kitty Pierce – Like to thank Tom Loughridge and Dick Pierce for putting flags out for the 4th. Everything looked great from the mowing.

Old Business:
Richard Biggio - Appointed vs. Elected Highway Superintendent position. We have discussed all the issues and procedures. It’s open for election this year as an elected position but it can be made appointed after this next 2 year term. A public referendum is needed, then the Board would try to pass a local law, then it gets placed on the ballot and would be up to the voters.
A good Board can have an appointed highway superintendent and have it not turn into politics. This is a good board and I would work with them any time.
The Board could do a workshop with Cornell Local Roads and develop a comprehensive plan that would expand the Delta segment. This would provide information and support for the town to do all the roads.
Dick Pierce – there are only 5 towns that have an appointed position. Will have to go by the guidelines and will need a town manager. If we give up an elected position you’re giving up another right.
Kitty Pierce – why should we as citizens give up our right to vote because one man hasn’t done the job, so you want to take the elected position away? The government gets more and more involved. There’s a man running right now. Wouldn’t it be more fair to give another person a chance?
Richard Biggio – regarding appointed – if the public isn’t going to initiate then the Board needs to decide what they’re going to do regarding this issue. In the next meeting or so, the Board needs to make a decision. It doesn’t need to happen right away, regardless, because the next term is still an elected position so we could address this next year as well.

Road Use Agreement – Check has been released to the attorneys for Delta. Pam Gee and I reviewed and addressed a number of concerns. Diligently reviewed the issues. We’ll be ready when drilling time arrives.

New Business:
Richard Biggio - Cemetery mowing – Rudy has resigned because he’d had enough. We listened to the concerns residents had. Our legal requirement as a 2nd class town is to mow 2 times per year. I have an RFP for Cemetery Lawns & Grounds Mowing and Maintenance Services or we can have the State put together a volunteer association. Asking the board to review the RFP and look at it next week. Right now we have no mower. Rudy has mowed 4 times. The RFP goes out as a legal notice and we can send straight to companies.
Kitty Pierce – the lot owners have an obligation for the stones and flags.
Gerry Simcoe – they could pick up the flags at the town hall.
Kitty Pierce - regarding the flags, the American Legion puts flags up for their members.
Richard Biggio – maybe we put something more permanent and put up one flag, or a flag pole, honoring the vets.

Bills:
Bills reviewed. Lloyd DeMun made the motion to pay the bills. Paul Stermer seconded. Roll – all agreed.

Lloyd DeMun made the motion to adjourn the meeting, Gerry Simcoe seconded. Roll – all agreed. Meeting adjourned at 10:00 pm.

Respectfully submitted,

Megan Thistle
Lindley Town Clerk

2011-07-20T10:53:00.001-05:00

LINDLEY TOWN PLANNING BOARD July 18, 2011

At 7:04 pm, Chairperson, Mary Lentzen called the regular meeting of the Lindley Town Planning Board to order with Board members Pat Clark, Pat Simcoe, Earl Titus, Tim Shaddock, Fran Woodring, and CEO, Dave Fuller present. Also present were 2 visitors.

Minutes of the June 20, 2011 meeting were read. Corrections to paragraph 4 “or business itself” was added and paragraph 12 the words in parentheses were eliminated. A Motion to approve the Minutes as corrected was made by Fran W., seconded by Earl and passed unanimously.

Henry Thomas presented the Board with 4 property survey maps for Board approval. He is sub-dividing 4.307 acres from a 40 acre parcel located on N Branch Clendenning Creek Road, Tax Map #369.00.02-004.000.

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

A Motion to approve the Minor Sub-Division as presented was made by Tim, seconded by Earl and passed unanimously.

The Board will meet with ZBA members on July 31.

Tim reported on his visit to the Dept. of State Information Training site on line which took him about 2 hours to complete.

Pat Clark announced he will run for a seat on the Town Board . He also alerted the Planning Board to a new posted sign at the Mine property across from his residence on Route 120 which indicates NYDEC has an approved Mining permit for the site. The poster is signed by Steve Army. Pat will call NYDEC to get more information on the permit.

At 7:45 pm Earl made a Motion to adjourn, Tim seconded and the Motion passed unanimously.

Respectfully submitted

Janice Oberlander
Recording Clerk

2011-07-06T08:42:00.002-05:00

If you live in the town of Lindley and have used the ambulance service, but did not receive the town discount, please contact Town Supervisor Richard Biggio at rrbiggio@stny.rr.com or 607-654-8450.

2011-06-23T13:16:00.001-05:00

A Quick reminder

Twila from the Steuben County Historian's office has an interesting program for tonite at LP HS meeting at the Lindley Town Hall at 7:00 pm

2011-06-21T11:24:00.001-05:00

The Lindley Town Audit Workshop and Old Business Meeting was held on
June 15th, 2010 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
Gerry Simcoe – Deputy Town Supervisor
Paul Mortzheim – Councilman

Absent:
Paul Stermer – Councilman

Reading of the Minutes:
Town Clerk read the minutes from the 6/8/2011 Regular Board Meeting. Lloyd DeMun clarified that the comments about the pallet business on Clendenning Road included discussion about what was needed should a business want to re-start. Mary Lentzen confirmed that after a year, the process for approval by the town needed to be re-started from the beginning.

Announcements:
Richard Biggio shared a conversation he had with Paul McAnanny regarding the safety issues on Route 15. Richard suggested rumble strips and Mr. McAnanny indicated that, potentially, residents would be bothered enough by the noise that the town would be asking him within 2 weeks to remove them. Lloyd DeMun asked if the strips would help slow people down and Richard confirmed. Discussion about possible alternatives. Richard will continue looking into this.

Richard also talked with Vince Spagnoletti regarding the bridge on Kuhl Rd. Mr. Spagnoletti will be having the bridge looked at and possibly repaved. Richard recently found that the bridge is made of a wooden deck with blacktop. Gerry Simcoe asked about a flashing sign indicating a bump ahead.

Richard stated that Mr. McAnanny indicated the highway is on schedule.

Paul Mortzheim asked if the youth program was 65 Little League kids all from the town of Lindley. Richard B. suggested reviewing the stipulations regarding the youth that can be included in youth program stipends.

Public Comments:
Dick Pierce provided 2 memos regarding speed zones on Steamtown Rd, apologizing for his first letter written in anger ( both attached ). Dick also provided photos of speed limit signs at either end of Steamtown Rd. Discussion about how River Rd can be zoned at 40 mph in places, while Steamtown, a dirt road, can be zoned at 45. Discussion about how to change this. Kitty Pierce commented that residents protested and got a speed limit decreased near the Herrick farm. Discussion that Caton roads are all posted at 40 mph and the town of Lindley should zone all roads at 40 as well. Richard Biggio indicated he would pursue this further.

Old Business:
Richard Biggio has forwarded the material from Delta’s lawyers to Pam Gee for review.

Regarding Elected vs. Appointed process for the Highway Superintendent position: if the Board passes a Local Law, it is subject to a referendum. If the Board acts, a petition is not needed, but they would need to recuse themselves from voting, due to a conflict of interest.

If the Board does not initiate, a petition driven by residents would need to be completed, with stipulations (certain number of signatures required, must have voted in the last election for governor, signatures need to be verified by Town Clerk through Board of Elections). Richard will contact Kelly at the Board of Elections for further clarification. Paul Mortzheim indicated that his understanding is that if the Board passes a local law, this puts the issue on the ballot. A public hearing would be necessary, and the question would be on the regular ballot.

Discussion about the Board’s goal for the roads: Paul Mortzheim’s perspective is that the Town Board wants to be more proactive about how to improve the roads. This could be done by changing the position to appointed and having more control over how the budget is spent, or requesting and approving a 5 year plan from the Highway Superintendent. Could budgetary constraints be put in place? Richard Biggio – we need to improve the maintenance of the roads to make them better. Not sure, beyond budgetarily, how to do this, but an elected official can use the budgeted money any way they judge best.

Discussion about how the question of appointed vs. elected would affect an individual elected this November. They would serve two years as elected, after which point the position becomes appointed, if that’s what voters determined. We have a competent Highway Superintendent right now. What if he doesn’t run this year? Can we annotate the budget this year and specify how much money is available per item needed?

Richard Biggio wondered about asking Mr. Davor from Cornell Local Roads if he could hold a workshop and if there were any students that could serve as a Highway Superintendent. Lloyd DeMun reflected that Dick Johnson remained unsure about running in November. If he were re-elected, he could serve until full retirement and then someone else could be appointed if this was before the term was up.

Gerry Simcoe - that would work out if the appointed issue was voted through.

DEC is expecting recommendations in July so Governor Cuomo can make a decision about gas wells. This would impact what roads would be worked on first in a Road Plan because the 7-9 gas wells in Lindley would have roads that the companies would fix so their trucks could run on them.

Harry Pierce - discussion about the assessors and NYS efforts to take over assessing. 3 years ago the state was trying to force town into a reval. Caton has had 3 in 6 years. Assessors here are trying to resist a reval. We do as fair a job as we can and haven’t had a reval since 1962. State is trying to get town to 2% equalization rate so they can force the town to do a reval. Property values, however, have gone down and aren’t at 100%. I think it’s being reversed at this point because values have been going down. Discussion of property tax comparisons and disparity among town properties.

Discussion about damage to roads from support traffic for PA gas drilling. Lindley is being proactive with Delta and the Road Use Agreement process. Revenue is approximated to be around $1 million per year for a producing well.

Audit:
Audits were completed on the April and May 2011 Town Clerk financial records.

Gerry Simcoe made the motion to adjourn the meeting. Lloyd DeMun seconded. Roll – all present agreed.

Meeting adjourned at 9:50 pm

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

2011-06-20T08:18:00.000-05:00

Lindley-Presho
Historical Society

Thursday June 23,2011
7 P.M.
Lindley Town Hall

2011-06-15T10:45:00.006-05:00

The Regular Town Board Meeting was held June 8th, 2011
at the Lindley Town Hall, 637 US 15, PO Box 62
Lindley, New York 14858.
Official Minutes held at Town Clerk’s Office
Clerk Note: Please note that minutes are meant to be a summary/paraphrase of key issues and statements, rather than complete quotations of comments. If a specific comment is desired worded a certain way as public record, please indicate such during the meeting, and/or provide material for attachment to official minutes).

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

Attachments:
-attendance list
-agenda
-material read by Mary Jane Semple regarding Fairview Cemetery

· Meeting was called to order by Richard Biggio at @ 7:00pm.
· Pledge to the flag completed.
· Minutes of the prior meetings were accepted with clarifications/corrections. Please see minutes in Town Clerk’s Office.

Announcements by Richard Biggio:
Town Clerk has prepared a Dog Census Summary. Tracks the postcards we’ve sent out and the ones that have responded. Will review who hasn’t responded and will start doing door to door visits. Mary Jane Semple commented that they didn’t respond because they had told the Clerk in January that their dog had died in October. Richard stated that the list came from all the town properties and was difficult to review household by household and did a blanket approach to be sure we had the town covered. Megan Thistle, Town Clerk, commented that she doesn’t know who gets another dog or when. Richard indicated the approach was the best approach to provide an accurate census account.

Town Clerk will discontinue tax software and use a free Steuben County program. This will save the Town $760 a year.

The Steuben County Industrial Development Agency has indicated that the Southern Tier Regional Planning and Development Board has announced the Appalachian Regional Commission Matching Grant opportunities. These are grants that the Town would then have to put up the same amount as awarded. Material will be available in the Clerk’s office.
NYMIR has announced a return of initial capital investment for the fourth year. They will be sending a check to the Town like last year.

US Department of Commerce thanks the Town of Lindley for their efforts regarding the 2010 Census. Demographic information is available for research and projects.
Roadside Cleanup Week per Vince Spagnoletti has been announced for the week of June 6 thru June 11. There is no charge for roadside cleanup. The Highway Department would pick up the materials and coordinate with the Landfill. There are specifications for what will be accepted. Paul Mortzheim commented that the Town may have missed this one as today is the 8th.

Association of Town Planning and Zoning Summer School announcement – being held in various locations. Members of Association of Towns are charged $70, nonmembers are charged $80. Continuing Education credits are available. http://www.nytowns.org/ for more information.

Chemung County SPCA May 2011 report indicates they received 5 calls, issued 4 tickets, and traveled 133 miles. 1 stray dog was returned to its owner.

The State Office of Real Property reports a tentative equalization rate of 3.0 for Lindley. Guy Hill received a copy of this. Discussion of the cost of a re-val - would be expensive to the taxpayers ($60,000) and then it would need to be done again in a few years. Our assessors are keeping up with it and know what the changes are. Guy does a good job trying to argue the point of what the true values are in the town. Sometimes the board he’s in front of reject his submittals. He can present his findings one more time and rates are still tentative. Lindley is currently at a 15% change in estimation of full value. It appears that the State looks at what they need financially and adjusts municipalities to increase state funding. Paul Mortzheim indicated that Pat Donnelly told him recently that right now would not be a good time to do a re-val.

Public Comments:
Richard announced that during public comments he would like everyone to remain calm and provide facts. Everything would be logged and when it comes to budget time everything will be taken into consideration. If the Board has to make budgetary changes, public concerns will be utilized.

Dave Fritz - Passed around photos of parents and grandparents grave and asked if the Board thought this was a satisfactory job.

Mary Jane Semple - expressed concerns with the condition of Fairview Cemetery and read her concerns. (Please see attachment of concerns filed in the Town Clerk’s office). Mary Jane indicated that she attended the October 2010 meeting and expressed dissatisfaction with the condition of the Fairview Cemetery at that time. Mary Jane commented that she feels her comments are not taken seriously as there was no mention of her comments in the 2010 meeting. (Megan Thistle, Town Clerk, reviewed attendance sheets and minutes and found that Mary Jane had not attended the October 2010 meeting and that no discussion of Fairview Cemetery had occurred at that meeting. However, Mary Jane had attended the October 2009 meeting and her comments were included in the Public Comments section).

Mary Jane Semple - read several excerpts of meeting minutes regarding what the Board was doing to care for Fairview Cemetery. Mary Jane expressed that the condition of the Cemetery was deplorable both before and after mowing, and was unhappy that a flag was not placed on her father’s grave, while others’ had flags. Mary Jane indicated that other community members were caring for their family gravesites. Tree limbs were down on the ground, grass was on the stones, flowers were covered with mown grass. Mary Jane expressed her deep concern that the Town doesn’t seem to care about Fairview Cemetery as compared to Lindsley Cemetery because Fairview can’t be seen from the road. Mary Jane read several responses to her letters to the Leader, the Star Gazette and her Facebook page in support of her concerns.

Martha Weale – A family tradition on Memorial Day of taking care of Brookland Cemetery in Ulysses. The people care and the community cares. Cameron Mills Cemetery has a cemetery association and principles. I strongly support Mrs. Semple’s comments. I hope you are all honored after death.

Randy Hill – That’s why I came, the Fairview Cemetery doesn’t look good.

Dee Hill – I live at 954 River Road…. We take care of various cemeteries and we figured in the town of Lindley, with prominent citizens buried in Fairview, the Cemetery would be taken care of. Just before we arrived, we went up and moved a tree embedded since winter. It needs to be mowed. We moved it after watching to see how long it would stay there. Headstones are tipped, we wiped grass off a lot of headstones. We need to respect and honor the people there.

Tom Loughridge - For years I put the flags up and last year was my last year. I left the flags up deliberately so that whoever volunteered to do that would see where the flags would go. For years I volunteered to clean and haul things away (during the time it was part of the Cemetery Association). I just did it.

Dee Hill - Town still pays for the flags?

Megan Thistle - Yes.

Mary Jane Semple - When was the last time someone was buried in Lindsley? Need to do all three, don’t need to show favoritism.

Lloyd DeMun – there is no favoritism. As far as what Rudy does, he mows. That’s what we pay him to do.

Tom Loughridge – I don’t think they care.

Randy Hill – I was there when he was mowing. At least 6 mowers going.

Tom Loughridge - High price to pay for the job he’s doing. It’s tough to mow.

Randy Hill – if the town already has insurance why does he have to have insurance?

Dee Hill – The custodian mows for the town, do you require her to have insurance?

Gerry Simcoe – Rudy is subcontracted.

Tom Loughridge – some of those stones have been tipped over for years. Town shouldn’t be setting and resetting stones, it’s the responsibility of the lot owners.

Mary Jane Semple – vandalism in the cemetery a few years ago. The Fire Department and Masons took care of it and cemetery association paid for the materials.

Randy Hill – money and quality just doesn’t seem right.

Mary Jane Semple – I had cleaned my parent’s cross off before taking pictures. But there was grass up as high as my shoulders.

Mary Fritz – running over the flat stones with lawnmower? Huggins tombstone is all dug up. Dick Huggins (87 years old) was going to come up to fix things.

Patsy Harris – concerned because people go to the cemeteries before Memorial day. So can it be mowed a few days before Memorial day so when they go it’s presentable? I used a whisk broom. Whoever’s doing it really doesn’t care. I don’t know if they’re from the town? How was he chosen?

Richard Biggio – tried to find anyone who would be willing, for a reasonal price

Paul Mortzheim – Rudy’s is a professional landscaping business.

Martha Weale – In defense of Rudy, he has been running between rainstorms. Whoever is responsible, think about the rainy season we have had.

Tom Loughridge – after looking at 5 cemeteries, Fairview is the only one in bad shape.

Mary Fritz – Erwin has Camp Monterey who do the weeding and so forth. Why can’t the Town do that?

Richard Biggio – I’ve used them before. We could probably get them. It’s something that needs to be scheduled and it’s not regular. We could get them maybe once in the summer.

Discussion about spring cleanup by Camp Monterey.

Paul Mortzheim – if we did that and they came on May 15 but didn’t come routinely, we cannot honor your request to keep the cemetery nice.

Martha Weale – In 1976 we went to Kenya, Africa and they care about everyone. They used a scythe. A suggestion, collectively go up as a community early in May and cleanup.

Dave Fritz - good idea, a work day of families. Shouldn’t all be your burden.

Dee Hill – put together a cemetery board of community people? I’d be more than happy to be part of that.

Paul Mortzheim – that’s a good idea. We went through a year of trying to get different people to mow. We did what we could to get started. If there were volunteers who go up there and monitor it and let us know.

Tom Loughridge – if the guy is a professional he wouldn’t do that.

Lloyd DeMun – if we have to do this 2x a year, he wanted to do it more than that so we didn’t have this grass problem. So we went with 10x a season. The other day, that was the second time. He did Lindsley just before he did Fairview. I don’t know why it was on the stones. It wasn’t intentional. The grass and ground might be wetter, I don’t know. It wasn’t done on purpose.

Dave Fritz – anyone who was a professional wouldn’t leave it that way.

Randy Hill – I thought they would have leaf blowers.

Lloyd DeMun – Rudy wasn’t there.

Close Public Comment Section. Richard Biggio - Appreciate all the input and the approach. The Board will take all these things into consideration.

Old Business:
Highway Superintendent Job – late in the season. Al Schoonover showed support and Richard Biggio would find out what was needed to be done to get on the November ballot. If you know someone who wants to pick up the ball they need to contact Richard Biggio. There’s quite a bit of legwork that needs to be done. A lengthy process, with public hearings.
Paul Mortzheim – I’m not sure from reading the material that a petition is needed.

Dee Hill – No, because when I did the Town Clerk job and changed it from 2 to 4 years I didn’t have a petition.

Paul Mortzheim – I want everyone to read it and agree. It looks a little convoluted but I don’t think it’s a requirement to get it on the ballot. We pass the law and then the law gets put on the ballot. Board of Elections would know.

Richard Biggio – it may be a little different than the Town Clerk position because it’s basically removing an elective official, taking power away from the citizens of the community. I’ll get in touch with Kelly. Al’s petition has to be validated to work. I’ll get in touch with Kelly and make sure.

New Business:
Richard Biggio – Cemetery Mowing: I did receive concerns Sunday before and after mowing. I took pictures of the cemetery. It wasn’t manicured to a professional status. The job that was done was appalling. I contacted Mr. Jakubik and let him know we had several complaints and that I would be writing him a letter. He assured me he would not have left it in that condition and would check the next day. Sounds like he didn’t do that. We could re-write specifications of what we require. There are valid points to deal with and even though the cemetery was put under our direction and care, and even though we knew mowing was legally 2x a year, this board knew that wasn’t acceptable. We tried in our best approach to figure out what was reasonable and what should work. When you consider normal weather, 2x a month doesn’t seem that unreasonable. We need to rethink that.

Mary Jane Semple– what about the Lindsley cemetery? Rudy’s making excuses for himself

Richard Biggio – I don’t want to get into a debate, I’m talking with the Board now and taking concerns into account. Maybe we want to consider more frequency early on and string it out as the season progresses and grass grows more slowly. Write a specification, bid, and review the quality of his work.

Kitty Pierce – maybe Rudy needs to supervise his staff more?

Richard Biggio – he was not with the crew when they did this mowing. The Board did have many discussions on the cemetery. He did a good job for us last year. We had no reason to doubt this year wasn’t going to be ok. The state does offer assistance to help set up a group of volunteers. We have a number of options…. Volunteers, professionals, prisoners, specifications, review performance before we pay. It costs $4500 right now and this could jump considerably. Come budget time we can put out a document to see what the true cost would be, we need everyone here to see.

Mary Jane Semple – you’re beating around the bush – why was Lindsley mowed and Fairview wasn’t?

Paul Stermer - both mowed at the same time.

Dick Pierce – we put flags at Lindsley. That didn’t get mowed until just before Memorial Day.

Mary Jane Semple – I have taken my own lawnmower to mow my parents lot and yet still Lindsley gets mowed. (Mary Jane Semple left the meeting at this time).

Larry Harris – I can see Lloyd (Sam) is upset. I know that anyone that works for him needs to do a good job.

Lloyd DeMun– I’m not upset – the only thing I’m upset about is that she keeps saying they weren’t mowed. They were mowed the same day.

Richard Biggio – they were mowed the same day. Regardless, the quality wasn’t acceptable. We as a Board will figure out how to work with this.

Paul Stermer – saw Lindsley and figured Fairview looked good too.

Kitty Pierce – flags – were there from last year. I have a list of Fairview lots and I will give Megan a copy. If someone wants to volunteer, Megan has the flags and a list. It’s all volunteer.

Mary Lentzen – can we get someone to do for a flat rate?

Richard Biggio – there is a maintenance fund that came with the transfer. The interest can be spent but the principle has to stay. There was about 1000 that wasn’t in principle. Could have spent that. Kathy and I decided to keep in account. Generated $43 in interest last year. We will put this all together for budget season this year.

Gerry Simcoe – that’s why the cemetery association had to let it go, it wasn’t paying for itself.

Paul Mortzheim – we need to do a report and have a chance to review. I think some minor shiftin in mowing will take care of this. Shift when to mow throughout the season. Maybe have a walk through on May 1st to clear up and then Rudy’s crew is starting with a clean plate each year.

Randy Hill – isn’t somebody supposed to be doing it?

Patsy Harris – shouldn’t the town board? You are the elected officials and one of you should check it out and see if what you’re paying for is being taken care of.

Kitty Pierce – youth groups help out?

Richard Biggio – we can try every effort we can.

Randy Hill – someone has to be up there to trim those trees.

Gerry Simcoe – I found the flagpole for Lindsley down in the weeds. It had broken off. I fixed it.

Kitty Pierce – vandalism?

Dave Fuller – I drive around town anyway – I could do a visual inspection of the cemeteries.

Richard Biggio – appreciate that. I will check with Rudy and his schedule. My fear is that Rudy’s not going to do it anymore. This should be a community watch and anyone that sees something should let us know.

Dick Pierce – our son is buried in Presho cemetery and we paid $100 for perpetual care. Occasionally they request donations. Maybe the Fire Department or someone could help do a fund raiser?

Kitty Pierce – people were not buried in Presho for years until Doris Warner cleaned it up in 1956. It was a community project.

Dick Pierce – requested 5 minutes at the next meeting.

Mary Lentzen – shared findings of the Planning and Zoning Board review of the Comprehensive Plan. Find that the Comprehensive Plan remains current and legally defensible. Also reviewing the Conditional Use Permit process. Findings are that the Use Variance Process may be more useful because it considers everything on it’s own on a case by case basis. It is less restrictive and may be more acceptable to community. It has a uniform criteria. Process would use both the Planning and Zoning Boards to determine decision. Would the Town Board like us to proceed in this direction to examine what the process would look like?

Paul Mortzheim – I hate the long list of the CUP and the boards have done a great job. If we look toward September at the budget, we are in pain on the budget and our objective is to reduce taxes and find a way to increase revenue. I would drop the tentative approval approach and look at everything individually.

Richard Biggio – case by case basis and stipulations. Approach is right and while the CUP used to be a fit for years, I commend the effort of the board. So the criteria could be applied and be more uniform and defensible.

Gerry Simcoe – the pallet guy has quit?

Lloyd DeMun – yes he’s done.

Mary Lentzen - he would have to start the process all over again and get Town approval if a year passes.

Richard Biggio – direction recommendation to the Planning Board is to continue.

Richard Biggio - Office of State Comptroller – asking for report. Do they want accuracy and completeness, or timely and inaccurate? They’re always late with the CHIPS, which need to be in the report, we need to complete the amounts for the POKR grant, they want the data so they can put it in the hopper and see what they’re going to do with everybody. They do it every year. We don’t yet have the information.

Paul Mortzheim – I’ll be happy to call POKR.

Paul Mortzheim – a question for Mary - concerned with windmills/gas drilling?

Mary Lentzen – Gas drilling regulated by DEC. Windmills would fall under other sections of the Zoning Law.

Paul Mortzheim – may want to be proactive with these things. Affects tax base that the rest of the taxpayers then need to pick up.

Randy Hill – (9:00 pm) returned to let Board know he removed garbage cans from Fairview Cemetery and may not be able to return them tonight.

Richard Biggio – Corning Natural Gas is proposing an increase in gas delivery rates. 90 page submission to Public Service Corporation to improve their system. Money was utilized for something else. This letter came from an attorney. Corning Natural Gas's proposed increases of at least 50%. This attorney is looking to create a group of municipalities and create something like a class action suit. Not something the Board votes on now but see what it would cost down the line. Richard indicated he would do further research.

Richard Biggio – Road Use Agreement – letter from Delta’s attorneys, handling the legal end of the RUA. I went through the issues and will need to have Pam Gee look at. Make sure some of the items aren’t too superficial. I believe they did a good job explaining to the municipality what the options were in the way of legal standing. Also, Steuben County just sent out a Road Use Agreement and only really indicates the definitions of types of roads. Doesn’t have the teeth in it. Residents wanting to make changes using their own land would be required to pay for an engineer. Our approach with Delta is to do payment up front, have defensible criteria of roads and now our system is open to everyone in our community. A freer path to development for townspeople.

Paul Mortzheim – starting from a good foundation. How long is the delta data valid?

Richard Biggio – if we have a major event… go out in the spring and see if there’s significant damage. Review the roads, utilize Cornell. Stay defensible and be the best course of action to approach the roads.

Paul Stermer– how big a construction project are we talking about that this is going to affect? Where is the cut off?

Richard Biggio – Its in the packet, not sure I can locate that right now, but there’s engineering criteria. Before I pay the invoice I’ll see if I can get some feedback from Pam Gee.

Richard Biggio – Youth programs - $5.00 a child for Little League. 65 kids participated and Kathy wrote a check for them.

Paul Mortzheim – a question do you think we should be paying to have our roads swept?
Richard Biggio - cleaning shoulders?

Paul Mortzheim – sweeping.
Lloyd DeMun – was this the Town of Erwin? Part of Shared Services.

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

Paul Stermer made the motion to adjourn the meeting, Lloyd DeMun seconded. Roll – all agreed. Meeting adjourned at 10:00 pm.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

2011-05-25T11:56:00.000-05:00

Reminder-- Jim Lundgren will be giving a program on his local Indian Artifacts tomorrow -Thursday 7 Pm May 26th at the Town Hall
See you there.

Kitty

PS --- Jim is working on a Lindley Veteran's Honor Roll . I suggested that he tell us more about his plans tomorrow evening.

2011-05-19T13:03:00.000-05:00

LINDLEY TOWN PLANNING BOARD
May 16, 2011

At 7 pm, Chairperson, Mary Lentzen, called the regular meeting of the Lindley Town Planning Board to order. Board members present included Fran Woodring, Tim Shaddock, Earl Titus, Pat Simcoe and CEO, Dave Fuller. Also 4 visitors were present.

Minutes of the April 18 meeting were read. A Motion to accept the minutes as read was made by Earl, seconded by Fran and passed unanimously.

Discussion began on an application from Michael Pace, 12 County Route 115, Tax map #424.00.01-029.000 to remodel the bar, restaurant, and 6-10 rooms of the former Cowanesque Hotel. A Motion to accept the application with changes in the original CUP to include compliance with signage and a fence around the dumpster was made by Earl, seconded by Tim and passed unanimously.

A short EAF was filed.

Kris West, Senior Field Representative, Southern Tier Office of the Finger Lakes Land Trust gave a brief presentation to the Board on the purpose and goals of the Organization. Founded in 1989 to protect those lands that define the character of the Finger Lakes region of upstate New York they now work in the 12 counties (over 6000 square miles) comprising the Finger Lakes and portions of the Southern Tier region protecting more than 12,000 acres of the region's wetlands, forests, farmland, grassland, and gorges. The FLLT will work with residents, Towns and Counties to protect and conserve desirable properties for future generations.

Discussion began on a Variance request from Kim Snyder, 9313 Primizzi Road (Tax Map #36.08.01-019.200) for placement of a double wide on an undersized lot (0.7 acre). The ZBA has scheduled a Public Hearing for Wednesday, May 18. Many questions were raised including ability to meet set backs, placement of well and septic and location of well and septic of the neighbors on nearby lots. No site plan was submitted. Questions must be answered before approval can be granted.

Mary was unable to make the Town Board meeting but will give the Summary of Planning Board Review of the Comprehensive Plan to the Board for their information.

Fran W. had several concerns regarding health codes, liquor license and other permits that might be required of the Michael Pace request. Mary will consult Pam Gee as to whether or not the Town should have copies of these documents on file.

At 8:30 pm a Motion was made by Fran to adjourn. Pat S. seconded and the motion passed unanimously.

Respectfully submitted,
Janice Oberlander
Recording Clerk

2011-05-17T09:42:00.003-05:00

Rabies Clinic at the Lindley Fire Hall
Saturday, May 21st from 9-11
Cats must be in carriers, dogs on leashes.
Donations to cover County and Town costs appreciated but not required.
Lindley Dogs may be licensed at the Clinic -
$11.00 with proof of spay/neuter
$18.00 unaltered/no proof of alter.

2011-05-17T09:37:00.002-05:00

The Regular Town Board Meeting was held May 11th, 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
Paul Mortzheim – Councilman
Gerry Simcoe - Councilman
Lloyd DeMun, II – Councilman

AbsentPaul Stermer – Councilman

• Meeting was called to order by Richard Biggio at @ 7:09pm.
• Pledge to the flag completed.
• Minutes of the prior meetings were accepted with corrections: Richard Biggio clarified, regarding the Delta Road Use Agreement, that engineers have selected a representative sample of the different matrices of the roads in the town. They have looked at what the sampled roads are comprised of to get a baseline of maintenance costs that Dick Johnson has given them. All this is so if we ever go to court, we have defensible information to support a claim against damage. If we expand that study with the engineers to include ALL town roads, then we will have a plan that will prioritize the best route for us as a town to improve the whole road system. We don’t want to get those two issues confused.

Announcements by Richard Biggio:
1. The response to the dog census has been very positive. The next phase following the Rabies Clinic on the 21st of May will be to parse the data and see who is outstanding. This information will be given to the Chemung County SPCA who will then do house to house visits.
2. I have received thank you cards from the Pantry of Angels for the donation and appreciate the follow up.
3. Rural Metro Ambulance service is being sold to Warburg Pincus. This will not change services. Warburg Pincus will be the parent company but Rural Metro will not change. This purchase has made Rural Metro a private company.
4. NYS Dept of Taxation and Finance has issued a Certificate of Final RxR Ceiling. There is a railroad taxation ceiling of $5370. We may need to challenge that in the future.
5. The Association of Towns, Community and Regional Development Institute, and Cornell University’s Cooperative Extension is holding a conference on Friday June 24th . This is located at the Binghamton Riverwalk Hotel. Cost is $60 for elected and appointed officials, $150 for others. Must preregister and runs from 9 am – 5 pm. This is a conference regarding the Marcellus Shale.
6. There is a Federal Technical Assistance Workshop in Corning on Wednesday May 18th .
7. The Steuben County Legislature has a model Site Plan Review Law and Road Use Agreement sample – for our use and review if needed.
8. Delta Engineers is finalizing their Engineering Report regarding the sample roads analysis. Delta’s attorneys are working on finalizing their agreement with us.
9. The lightbulbs on the north and south of the building are now working. The motion lights in back and the lights in front are also working. The flag light needs a ballast yet.
10. The NYS Department of State is holding a State Land Use training on Monday June 6th in Geneva from 5:30 – 9:30 pm with 3 session components: Making a Good Record; Overview of Statutory of Authority of Local Governments to have Site Plans; Special Use Permits. Credits for Code Enforcement Officers. Preregistration is $5.00.

Public Comments Rudy Jakubik – what is the status of mowing the cemeteries, do I have permission to proceed?
Gerry Simcoe – It was my understanding this was a 2 year contract?
Richard Biggio – Regular Holidays – before Memorial Day, Labor Day, Fourth of July.
Ruday Jakubik – will mow 2x a month in May, June, July, August and September.

Old Business:
None

New Business:
Richard Biggio – the JCAP grant funds have been received and were direct deposit into the wrong bank. Once we tracked that down we got it into the correct bank and Kathy finalized closing the accounts at the old bank.

We can now move forward with installing panic buttons in the various locations. The install will cost $80 per button, plus a $400 per year maintainence fee that covers all buttons. Tracy was able to negotiate so that the first year is free.

Install will occur on May 27th at 10 am. Gerry Simcoe and Paul Mortzheim confirmed that installing Bookkeeper and Clerk buttons was a “go” and was part of the initial agreement to passing the JCAP grant.

Tracy Wilson indicated that the rest of the JCAP grant will cover a safe and various office equipment. Tracy mentioned the Court is beginning to have space issues. Richard B. commented that if the safe needs to be anchored down, let him know.

Tracy informed the Board that starting July 1st, Court Sessions will be held the first 3 Tuesdays of the month, with the remaining Tuesdays being used for administrative and processing days. Court sessions will still be held at 6:00 pm on the first 3 Tuesdays of the month. Court office hours will remain Tuesdays from 3:30 – 8:00 pm.

Kathy Biggio has been dealing with the IRS on a matter that does not concern the Town of Lindley, in terms of who the IRS was trying to collect money from. Apparently an error had been made in the Tax ID # and a Town name. The other town forwarded the collection notice to Lindley because it had our Tax ID # on it. However Kathy has proof that all taxes have been paid on time. Kathy has been working ultimately with the Supervisor of the IRS and straightened out the issue. The Supervisor at the IRS indicated this issue will be straightened out and Lindley will receive a letter confirming this in 2 weeks. If not Kathy will call and I will be putting notices in the paper.

Richard Biggio announced that the Town Clerk has been called to Steuben County Jury Duty the week of May 23rd. If this happens, office hours will be Monday and Wednesday from 4:00-7:00 pm and to please call ahead. Megan will not know until just prior to the 23rd, or the morning of.

Richard Biggio brought up the resident interest in making the Highway Superintendent position an appointed position. Pam Gee has provided a memo dated September 28th 2010 outlining the legal steps required in order to get this question on the Ballot in November, 2011. Richard B. will contact Al Schoonover, who was
spearheading this project for the residents last year. Some discussion on whether or not another petition was required. Not clear at this time and Board members will review the memo.

Richard Biggio raised the concern about the lawnmower. Dick Johnson is trying to fix it. The bolt fell out and it doesn’t work. May need to purchase another one and can be done for a $130 – 300. Paul Mortzheim requested if the Town gets one, it be purchased from Home Depot, over Walmart.

Richard Biggio announced that Kitty called before vacation and reported that the flag pole at the Lindsley Cemetery is gone. Gerry Simcoe agreed to call and sheriff and make a police report.

Lloyd DeMun asked who does the lawn for the Town. Should the Town ask Rudy to do it as well? It’s part of Cindy’s duties. Richard Biggio indicated it was something the Town could look into. Fran Woodring asked about the weeds in the ditch. No indication on who could clear that. Dick Johnson has done this in the past.

Richard Biggio announced that Steve Ritter has requested to use the Board Room next week the 18th of May for the Zoning Board of Appeals. Gerry Simcoe made the motion to cancel the Audit Meeting scheduled for the 18th. Lloyd DeMun seconded. Roll – all present agreed.
Motion Carried.

Paul Mortzheim indicated that Budget season is approaching and the Board should consider finding a way to fix increases. Richard Biggio indicated that this can be done by tracking what the Governor plans. Current plans seem to be a cap of 2%. Gerry Simcoe commented that this would be a good thing.

Bills:Bills reviewed. Gerry Simcoe made the motion to pay the bills with exception as noted. Lloyd DeMun seconded. Roll – all agreed.

Lloyd DeMun made the motion to adjourn the meeting, Paul Mortzheim seconded. Roll – all agreed. Meeting adjourned at 9:03 pm.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

2011-05-10T08:24:00.000-05:00

The Town Clerk’s office may be closed the week of Monday the 23rd for Jury Duty. If this happens, Special Hours will be Mon and Wed from 4 – 7 pm but please call ahead at 607-523-8816

2011-05-05T13:08:00.001-05:00

On Sunday May 22nd at 2 P.M., The Tioga County, Penna Honor Guard will honor all Military personnel with an Armed Forces Day ceremony. The ceremony will be held on the lawn of the Lindley Town Hall on U. S. Rt.15. Armed Forces Day was created August 31,1949 for the purpose of honoring Americans serving in the 5 services- Army, Navy, Marines, Air Force and the Coast Guard. This is a free event and the public is encouraged to attend and to thank members of the Armed Forces-past and present for their patriotic service in support of our country. Bring a Military Veteran or Friend .

The regular meeting of the Lindley –Presho Historical Society will be held on Thursday May 26th at 7 P.M. at the Lindley Town Hall. Jim Lundgren will present his plans for a Veteran’s Honor Roll for the Town of Lindley residents .He will, also, will have a display of the Indian artifacts that he has collected locally for many years.. The meeting is free and open to the public.

Kitty

2011-04-27T12:05:00.001-05:00

Just a reminder- Lindley-Presho Historical Society is meeting Thursday April 28th at 7 P.M. at the Town Hall.

Some of you saw Elmer Huels' model of a Glass Engraver's work station last year. He made a larger one this year and will have it on display at the meeting. It was on dislpay at a cut glass show at the Glass Center this spring .Elmer has been requested to display it in Orlando,Florida exhibit . Hope you can come , view Elmer's wonderful piece of wood work and listen to him explain the details. .

Also , there will be a postcard display . Dick is busy organizing some postcards that he inherited from his father Harold who collected postcards for many years.
There is quite an assortment. Hope you will be there to enjoy history through the pages of postcard albums.

Kitty Pierce

2011-04-27T09:32:00.000-05:00

The Lindley Town Audit Workshop and Old Business Meeting was held on
April 20th, 2010 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
Gerry Simcoe – Deputy Town Supervisor
Paul Stermer – Councilman

Absent:
Paul Mortzheim – Councilman

Announcements:
The Planning Board and Zoning Board of Appeals have been reviewing issues with the Conditional Use Permit. To stay current with future and presenting needs, they will be presenting to the Town Board.

Richard Biggio received a personal visit from a resident regarding a noise ordinance. Concern with Jake Brakes along the curve end of River Road.

Audit:
Audits were completed on the March 2011 Town Clerk and Bookkeeper/Supervisor financial records.

Lloyd DeMun, II made the motion to adjourn the meeting. Gerry Simcoe seconded. Roll – all present agreed.

Meeting adjourned.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

2011-04-21T13:16:00.001-05:00

LINDLEY TOWN PLANNING BOARD April 18, 2011

The regular meeting of the Lindley Town Planning Board was called to order at 7:00 pm by Chairperson, Mary Lentzen. Board members present included CEO, Dave Fuller, Fran Woodring, Pat Simcoe, Earl Titus, Pat Clark, and Tim Shaddock. Rich Biggio, Town Supervisor, Zoning Board of Appeals Chairman, Steve Ritter, and ZBA members Jim Adams, Josh Smith, Garrison Kollhoff, Johnathan Shaut were present. Three visitors were also present.

Minutes of the March meeting were read. A Motion to accept the minutes as read was made by Tim, seconded by Fran and passed unanimously.

Kitty Pierce, Town Historian, announced upcoming events for the Historical Society included April 28 at 7:00 pm – a presentation by Dick Pierce of his father's Post Card collection; May 22 at 2 pm, commemorating Armed Forces Day, a ceremony by the Tioga, Pennsylvania Honor Guard will be held; May 26 at 7:00 pm – Jim Lundgren will discuss his Veterans Honor Roll Board.

Rich Biggio has been approached several times about the use of jake brakes within the Town residential areas and asked if the Town had an ordinance which addressed that noise? Mary said currently there is no restriction; the Town Board must set the law and post the restriction.

A discussion began concerning the Lindley Zoning Law and the use of CUPs and Variances. Steve Ritter and Mary will prepare and submit to the Town Board a summary of this discussion and the Boards' suggestions at the May Town Board meeting.

At 8:04 pm a Motion to adjourn was made by Fran, seconded by Earl and unanimously passed.

Respectfully submitted,

Janice Oberlander
Recording Clerk

2011-04-19T09:43:00.003-05:00

The Regular Town Board Meeting was held April 13th, 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
Paul Mortzheim – Councilman
Gerry Simcoe - Councilman
Paul Stermer – Councilman
Lloyd DeMun, II - Councilman

Attached:
Attendance List
• Meeting was called to order by Richard Biggio at @ 7:00pm.
• Pledge to the flag completed.
• Minutes of the prior meetings were accepted as read.

Announcements by Richard Biggio:
1. The Census Bureau is doing a Census Count Question Resolution Program. Information will be provided to Assessors. Guy Hill, Assessor, will be given this letter.
2. Steuben County is holding a Supervisor’s Meeting Tuesday, April 26th at 7:00pm. Providing CPR classes and discussing the LENS program. The LENS program is a data service that gathers information daily from DMV’s driver’s license file, and then reports new information to supervisors. LENS enables supervisors to monitor the NYS license records of employees and volunteers who drive, and trains drivers on the organizations behalf.
3. Emerald Ash Borer Workshop held by Cornell Cooperative Extension on Thursday, May 5th at the Civil Defense Center, Bath, NY 10:00 am.
4. There is a Federal Technical Assistance Workshop through the Appalachian Regional Development Initiative. This is on Wednesday May 18th at the Radisson Hotel at 9:30 am. Need to pre-register or register at 8:30 am that day. Go to www.arc.gov/events for registration or more information.
5. There is a Home Repair Grant by the Bishop Sheen Housing Foundation for low income, the disabled or seniors aged 60+. Questions, call 585-657-4114.
6. Friends of the Library are having a book sale April 30th through May 7th. Generally all day from 9 am – 7 pm. Discounts increase as sale progresses through the week. Sale being held at the East Corning Fire Hall.
7. Town should be receiving the funds from the JCAP grant in the amount of $4766 at anytime.
8. Regarding CHIPS funding, according to the regional office, a payment of $41,000+ for 2010 will be processed on 4/20/11. They are allowing the Town to carry over a balance of $53,000 to 2011. The 2011 CHIPS funds will be $95,000 and the Town is allowed to spend that entire amount for regular road maintenance – it will not have to be qualified as a 10 year project. This gives the Town a total of $148,000 to spend in 2011 on road repairs and upgrades.

Paul Mortzheim – this is more than the 2011 budget has allocated in the CHIPS budget. We should be able to annotate this incremental money because it’s beyond the budget.
Richard Biggio – Maybe, I will look into that.
Lanny Plumley – Is the dust control budget enough this year?
Paul Mortzheim – yes, just as it always has been.

Richard Biggio – agreement received from Delta RUA attorneys. Set forth a memo that sets forth the legal framework for road work. We will review that.
Paul Mortzheim – a Resident called regarding neighbor’s noise with atv’s. I recommended they contact the police but also assured them I would raise the issue at the Board meeting as a noise ordinance issue.
Gerry Simcoe – that’s a civil matter.
Richard Biggio – I received a letter from the Town of Lawrenceville regarding complaints about excessive noise such as fireworks, operating unlicensed vehicles…. These are civil issues and I will get back to them as such.
Paul Mortzheim – Megan and I are trying a different cash-receipt software from a company that I work for. There is no conflict there. This software will never cost anything to the Town and will save the Town $500/yr on software maintenance agreements.
Paul Mortzheim – During the last Audit meeting we said we would address the Pantry of Angels donation request at the next Board meeting. I think we should.
Gerry Simcoe – regarding the Steuben County Landowner’s Coalition and potential revenue to a town with a gas well: if it’s $1.5 million, why is Caton in the financial trouble it’s in?
Richard Biggio – it might have something to do with whether it’s an active well or not.

Public Comments Fran Tempel – The Pantry of Angels needs volunteers on the Board of Directors. Issues to be addressed include funding, fund raisers, locations. Town Clerk has contact information.
Lanny Plumley – what happened to the idea of a maintenance person for the Town Hall? I could volunteer my services until people are found.
Richard Biggio – we are putting together a list of three businesses for each area of need, and will seek pricing and go from there.
Lanny Plumley – also, what am I getting for my tax dollars?
Richard Biggio – Local government costs, the highway, the salaries and any benefits, Court system, Assessors, Town Clerk, road maintenance, planning, snow plowing….
Lanny Plumley – Gibson hill didn’t get plowed all the way, and that was only one car wide, during that last snowfall we had. For years Gibson Hill Rd routinely gets left for last for roadwork. Things need to change and if I need to I’ll get a petition signed by the residents.
Gerry Simcoe – a petition will be started by residents the first of May to see about getting the Town Highway Superintendent job appointed vs. elected.
Lanny Plumley – We’ve been promised stone and tar for years. It’s only ½ a mile.
Paul Mortzheim – for years the Board has wanted a long term strategy put in place that helps us manage the money. 80% of taxes goes to the roads.
Lanny Plumley – what’s the update on the Road Use Agreement? Is it over with?
Richard Biggio – it’s for the protection of roads that undergo heavy traffic damage. The study is close to being completed. It provides a hierarchy of road needs and how to best spend the tax dollars on the roads. The Board understands all the issues and will condense the issues and present to the new supervisor so he understands what the issues are.
Dick Pierce – Kitty and I pulled up by the church and stopped traffic because tractor trailers had to stop going both directions on the highway, while another pulled in to Morgan Creek Rd. We had to back up and if anyone had been behind us, the truck wouldn’t have been able to make the turn. We need a stop light there. Also, tankers are going up the back road to Lawrenceville. Why is that?
Lloyd DeMun – they’re going to Kwik Fill and the diner in Lawrenceville that way, rather than go to the exit on the highway. They won’t do that.
Dick Pierce – they won’t put stop or caution lights/signs on the highway…. Is this something that could be raised at the Supervisor’s meeting?
Richard Biggio – I’ll call the people in Hornell about the idea of a stop light by the church. Speed is the biggest problem.
Kitty Pierce – there is a Historical Society Meeting April 28th. Dick will be presenting a post card collection. The Tioga County Honor Guard is coming to honor the Armed Forces on May 22nd.
Megan Thistle – what stretch of 15 is the 45 mph work zone? Discussion about there not being enough signs/warnings and a number of entrances onto 15 that don’t indicate a section is a work zone. Richard B. will call Hornell about this as well. Lloyd D. said he would talk to Ted Walker of the construction crew.

Old Business:
Lindley Presho Pantry of Angels – Richard Biggio - This is a worthy cause. It does serve an area outside Lindley as well. They are getting a match. Caton turned them down. It’s a difficult decision as our tax dollars go toward some social programs which also can fund food banks. This is a local program, though, and the money will remain in Lindley.
Paul Mortzheim made the motion to discuss donating $1500. Paul Stermer seconded. Roll – all agreed.
Motion Carried

Paul Mortzheim – This is a worthy cause. It’s not a lot to spend for those who need it.
Fran Tempel – yes they will. It won’t be matched dollar for dollar, but proportionately in food value.
Richard Biggio – This is a worthy cause and my hope is that the Pantry of Angels organization will know where the donation came from? We have saved some money this year so we could donate some.
Lloyd DeMun – I think $800 is a better sum.
Paul Stermer – we can spend as much as we want as long as we take it from Rural Metro.
Richard Biggio – should we try a vote on a specific amount? Like $1000?
Paul Mortzheim - amends his original motion to reflect the amount of $1000. Seconded by Gerry Simcoe. Roll – all yes.
Motion Carried

Paul Mortzheim – I did call NYSEG to find out what “demand” charges meant on the bills. What happens is with Municipals/businesses, NYSEG will look at the meter every 15 minutes and takes a five minute average. Then whatever the highest amount is over two months, they apply that highest amount to the whole two month period. That’s the rate the Town will get charged plus kilowatt usage. Coming into the next winter we’ll have to look at what forms of control we’ll put into place.

New Business:
John Kuehn – Sprague Insurance. Reviewed the Insurance Plan for May 29, 2011 through May 29th 2012. Town Clerk asked for clarification regarding employee coverage. John clarified that any town employee working within the role of their job is covered.

Renewal insurance rate is $550 less than the current rate.

Gerry Simcoe – we should pass it as is.
Paul Mortzheim – regarding the NYMIR – if the Road Crew takes safety courses does that result in savings?
John Kuehn – not specifically, courses are offered to enhance insurance services.
Gerry Simcoe – Regarding hand tools – does it cover the welder, drill, covered press?
John Kuehn – not specifically. But if they’re movable and in a truck and the truck gets in an accident, the policy gives a methodology to respond to the loss.
Richard Biggio – Is the quote the real value for dump trucks, since the costs are jumping around right now, with used trucks in high demand?
John Kuehn – value is based on research.

Paul Mortzheim made the motion to accept the insurance policy as written. Gerry Simcoe seconded. Roll – all agreed.
Motion Carried

Richard Biggio - just of note, Bending River Estates is challenging the assessment.

Bills:
Bills reviewed. Gerry Simcoe made the motion to pay the bills with exception as noted. Lloyd DeMun seconded. Roll – all agreed.

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

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

2011-03-31T05:58:00.002-05:00

Regular Town Clerk office hours are closed Monday April 4 through Friday April 8th. Special Hours will be Tuesday and Thursday the 5th and 7th from 4-7 pm and Saturday the 9th from 9-12. Regular Hours will resume Monday April 11th.

2011-03-24T13:21:00.001-05:00

LINDLEY TOWN PLANNING BOARD - March 21, 2011

The regular meeting of the Lindley Town Planning Board was called to order at 7:05 pm by Chairperson, Mary Lentzen. The Board members present included the CEO, Dave Fuller, Fran Woodring, Pat Clark, Earl Titus, and Tim Shaddock. Three visitors were also present.

Minutes of the February 21, 2011 meeting were read. A Motion to approve the minutes as read was made by Earl, seconded by Dave and passed unanimously.

Fran received a letter from Chelsie Robertson, Planner for STRPB, stating that if Lindley wishes to use their services, any agreement must be signed, six months notice must be given before the contract begins and the current rate is $51per hour. STRPB is subsidized by the Appalachian Regional Commission.

A representative of the Steuben-Schuyler County Landowners Association spoke to the Town Board concerning gas drilling.

Pat C. spoke with Steuben County Highway Dept. concerning the River Road and was told he must contact Mr. Divens of the Caton Shop but has been unable to reach him.

Mary received a Short EAF from the Town of Erwin amending the zoning law regarding maintenance and repair of non-conforming buildings, uses and lots.

Steve Ritter and the ZBA will be invited to the next Planning Board meeting April 18 to discuss the best ways the two Boards can work together concerning variances and CUPs that will help keep future growth in the Town of Lindley within the Comprehensive Plan. Steve and Mary will form an agenda and distribute to Board members prior to the next meeting.

Copies of the Association of Towns Questions to Ask When Revising the Zoning Law were passed out to Board members.

Kitty Pierce announced the Town Hall has a new bench in front from donations. Thursday, March 24 at 7:00 pm a program on Civil War Vets will be held. Dick asked if the Planning Board sends information to the assessors? Mary stated copies of subdivisions are sent and the County sends them information.

At 7:50 pm a Motion to adjourn was made by Earl, seconded by Fran and unanimously passed.

Respectfully submitted,
Janice Oberlander
Recording Clerk

2011-03-23T07:05:00.002-05:00

Town Clerk Office is closed today due to the significant weather conditions. Clerk will be in Thursday at 2:00 pm. Thank you.

2011-03-21T11:54:00.000-05:00

RABIES CLINIC
Sponsored by:
THE TOWN OF LINDLEY
In cooperation with the Steuben County Public Health Service And Chemung County SPCA

LOCATED at the LINDLEY PRESHO FIRE DEPARTMENT
9599 Tannery Creek Rd.
Lindley, NY

SATURDAY MAY 21st
9am – 11am
DOGS, CATS and FERRETS WELCOME

All dogs must be on leashes, all cats and ferrets need to be confined to a carrier.

The Town Clerk will also be there to license Lindley dogs. For more information please call Megan Thistle, the Lindley Town Clerk.
607-523-8816

A $5.00 donation per pet is requested, but not required, to help cover town and county costs.

2011-03-21T11:16:00.002-05:00

****Reminder****
Historical Society Meeting
Thursday March 24th -7 P.M.

Program- Civil War Veterans

Check LPHS blog for more info. http://lindleypreshohistoricalsociety.blogspot.com

2011-03-19T08:07:00.003-05:00

Need a little extra help with groceries? Check out the Lindley-Presho food pantry at the Presho Methodist Church on Thursday afternoons. www.pantryofangels.blogspot.com

2011-03-14T11:18:00.002-05:00

The Regular Town Board Meeting was held March 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
Paul Mortzheim – Councilman
Paul Stermer – Councilman
Lloyd DeMun, II - Councilman

Absent:
Gerry Simcoe – Councilman

Attached:
Attendance List
• Meeting was called to order by Richard Biggio at @ 7:00pm.
• Pledge to the flag completed.
• Reports were received from Town Supervisor, Town Clerk, Justice, and Historian.
• Minutes of the prior meetings were accepted as read.

Announcements by Richard Biggio:
1. On March 24th there will be a meeting by the Association of Towns at Libs Supper Club regarding the new dog law. RSVP to Linda Berlew, the Town Clerk of Erin.
2. Mary Lentzen provided an announcement regarding the Marcellus Shale Developments from an economic standpoint.
3. There will be a Universal Design Workshop regarding helping the elderly keep their independence. See Town Clerk for more information.
4. The Town Clerk will be away from the office the first week of April. Special Hours will be Tuesday April 5th from 4 – 7pm, Thursday April 7th from 4-7 pm, and Saturday April 9th from 9-12.
5. There is a Ash Tree Beetle workshop on March 22nd from 9-12, see Town Clerk for details.
6. NYMIR is offering a Defensive Driving course at a reduced rate for all municipal employees and their immediate family members. See Town Clerk.

Public Comments:
Dick Pierce – Is there new highway information?
Richard Biggio – there will be a lot of traffic this season.
Dick Pierce – We were able to get rumble strips on the highway through a safety committee but can’t get much help here at the light.
Fran Woodring – Jonathan Engles regarding the new highway – the plan is to finish grading etc by 2012 and then open the bids for bridges, with completion in 2014.
Jim Lundgren – DOT project engineer has indicated a November 30th 2011 end date for grading, paving, and guardrails.
Richard Biggio – You can find updates on NYS DOT website.
Kitty Pierce – With tractor trailers heading north, you cant see traffic if you’re trying to turn.

Also, there will be a Historical Society meeting on March 24th – topic to be Lindley Civil War Veterans. Bring memorabilia. Meeting is at 7:00 pm at the Town Hall.

Dave and Karen Ballard brief overview of Gas Drilling Facts – presented by Jeff and Kathy Heller.
• Representing the Steuben County Landowner’s Coalition
• There are serious concerns for landowners when negotiating with Gas companies.
• “Landmen” come in to make offers of $500-$1000/acre and this may be too low. It’s recommended land owners contact an attorney or the Coalition to assist in negotiating with gas company.
• If already under a lease that will be expiring, be sure to get a release form from the company upon expiration. This ensures that you are clear to lease again.
• Well pads are lined with a pad that absorbs contaminants.
• The roads will be damaged but they fix the roads after.
• Hydrofracing has never, by scientific measures, damaged water quality.
• Drilling, however, a different issue.
• NYS is far ahead in terms of benefits to the towns. They will give the value of the gas income to the Assessors, who can adjust the taxes, and the money stays in the region (Town, County, School District).
• The Average to the town per well is expected to be $1.5 million/year.Richard Biggio indicated that the State has mandated that local towns take over the laws of managing dogs/animals. The proposed Law is to protect residents and animals, and provides criminal and civil penalties.

Dick Pierce – how small an area would a well be on?
Jeff Heller – about ½ acre, horizontal.
Fran Woodring – how many could be in Lindley?
Jeff Heller – There can be 6 wells off one pad in a 640 acre section, with the well in the center. Water wells are tested before and after testing.
Kitty Pierce – What about the issue of smog?
Jeff Heller – This has occurred in Wyoming once for the past three years, and it’s a winter phenomenon.
Fran Woodring – What are the Gas Companies leasing? Do they contract over the 640 acres?
Jeff Heller – leases will cover all 640 acres, not to the same individual that the pad is on, but each property owner that is affected by hydrofracing.
Dick Pierce – is the DEC involved?
Jeff Heller – the DEC is the regulator. But the Towns can set speed limits.
Kitty Pierce – what about the hazards of having a well on one’s property?
Jeff Heller – those can be covered within the lease provisions negotiated. Either with a lawyer or help from the Steuben Landowner’s Coalition.
Dick Pierce – Doesn’t Marcellus Shale cover only part of NY?
Jeff Heller – yes, there’s also the Utica Shale that can use the same pad in the future. A tower will last about 30 days. ‘Fracers will be in use for 3-4 days.

Please see Town Clerk for handout information and see the Lindley Town Blog for information.

Mary Lentzen – The Planning Board went to a training that explored the impact drilling has on a community Ie; small businesses, traffic, living arrangements, school enrollments, multi-dwelling housing, employment, arrests.

Discussion about the landfill and the radiation emitted from there. County owns the landfill. Radiation is the type that can be protected against with minimal material (piece of paper).

Old Business:
1. Board will review the Road Use Agreement draft from Delta.
2. Board will review the Union Agreement before putting it up for a vote. Discussion about doing review in executive session. Review will be done after bills are reviewed at end of meeting.
3. Library donation needs to be made. We need to do a resolution to release the money.
4. An emergency person for building utilities needs to be identified.

Board briefly reviewed the drafts of the Road Use Agreement program from Delta. Full drafts available with Town Supervisor.

Linda Swan – if you don’t have a contract with the Library, you won’t have a representative from the town.
Kitty Pierce – concerned with paying for using the parking lot, we’ve already paid to use the library.
Linda Swan – that’s a concern. It belongs to the city, though, not the Library.
Jim Lundgren – we should drop them like a hot piece of iron.
Richard Biggio – Lindley doesn’t have a contract. There are financial limits coming down the line and we need to be cognizant of them.

Paul Mortzheim made the motion to make funding in the budget available to the library. Paul Stermer seconded the motion. Roll – Paul Stermer – no; Lloyd DeMun – yes; Richard Biggio – yes; Paul Mortzheim – yes.
Motion carried.

Emergency person for Town Hall building utilities? Perhaps a request for proposal. Further discussion warranted.

Kitty Pierce – the second bench is in for the front of the building.

Lanny Plumley – can you tell me how many dogs on Gibson Hill Rd have been licensed this year. Town Clerk will get information to him tomorrow the 10th. Discussion about starting the process of a census. Richard Biggio and Megan Thistle will put something together this month. Lanny P. will go to authorities if the Town doesn’t take action. Megan Thistle provided Lanny the phone numbers for nuisance dogs and animal cruelty so that Chemung County SPCA could respond to his complaints regarding nuisance dogs.

Bills:
Motion to pay reviewed bills made by Paul Stermer with the exception of Rural Metro, number 51. Seconded by Llody DeMun. Roll – Paul Mortzheim – No; Richard Biggio – No. Lloyd DeMun – Ys; Paul Stermer – Yes.
Motion Failed.
Motion to pay bills with corrections – Paul Mortzheim. Seconded by Paul Stermer. Roll – all agreed.
Motion Carried.

Board entered an executive session to review Union Agreement.
Board returned to regular session. Motion to execute Union Agreement – Paul Mortzheim. Seconded by Lloyd DeMun. Roll: Paul Mortzheim – No; Lloyd DeMun – Yes; Richard Biggio – Yes; Paul Stermer – Yes
Motion Carried

Motion to adjourn made by Lloyd DeMun, II, seconded by Paul Mortzheim. Roll – all agreed.
Meeting adjourned

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

2011-03-10T15:59:00.000-05:00

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For more information or to sign up on line: www.scloc.com
or call Mary Hickey(607) 359-3178
Ken Knowles (607)458-5302
Jeff & Kathy Heller (607)583-7820
Karen Ballard (607)523-7246
or email: mary@scloc.com

Economic impact of drilling

2011-03-09T09:58:00.000-05:00

The economic implications of Marcellus Shale development in Schuyler County and the surrounding region will be discussed at a March 30 presentation at the Watkins Glen Harbor Hotel. Dr. Tim Kelsey, Penn State University professor of agriculture economics and state program leader of economic and community development, and Dr. Susan Christopherson, Cornell University professor in the Dept. of City and Regional Planning and an economic geographer, will share their insights and experiences with Marcellus Shale drilling in PA. They will also discuss their thoughts on how NY should position itself for development.

Kelsey is studying the economic and community impacts of natural gas development and the fiscal effects of changes in land use. Christopherson is conducting an economic impact analysis of natural gas drilling in the Marcellus Shale of NY and PA.

Registration for the event is required by contacting SCOPED (Schuyler Co. Partnership for Economic Development) at 607-535-4341 by March 25. Registration at the presentation will begin at 5:45 pm and the speakers will begin at 6:30 pm.

2011-03-07T06:18:00.001-05:00

Lindley Town Clerks Office is closed today due to weather conditions but will re-open Tuesday.

2011-02-26T09:05:00.001-05:00

LINDLEY TOWN PLANNING BOARD February 21, 2011

The regular meeting of the Lindley Town Planning Board was called to order by Chairperson, Mary Lentzen, at 7:05 pm. Board members present included, CEO, David Fuller, Pat Clark, Tim Shaddock and Fran Woodring. One visitor was also present.

Minutes of the January 17, 2011 meeting were read. A Motion to accept the minutes as read made by Tim, Seconded by Fran passed unanimously.

Fran reported on his conversation with a Planner for STRPB, Chelsie Robertson, who sent him a copy of a contract for eight different categories the Town may choose from if the Town wishes to use STRPB's services in the future. Fran will find out the costs involved.

Ms Jacquat from Wyoming is available to address the County's gas drilling issues and would come to talk to the Town of we are interested. Dave Ballard will be speaking to the Town Board at their next meeting concerning gas drilling in our area.

A discussion began on a request for a Minor Subdivision from Fred Heffelfinger; Tax Map Lot number 389.00.01-01.000, on Davis Road. Mr. Heffelfinger is requesting that a 5-acre parcel with his house and out buildings be separated from his 80-acre parcel. The buildings will meet the 50' setback from the new lot line. A neighbor will purchase the 75-acre parcel which will include a right-of-way from Davis Road.

A Short EAF was filed; the $5 fee was received. A Motion to accept the Minor Subdivision as proposed was made by Fran, seconded by Pat and passed unanimously.

Discussion began on the Conditional Uses and Their Potential Impact. Several questions and concerns were raised: Fran – What are the differences between a CUP and a Variance?; Dave – Why does the Town have both a Planning Board and a Zoning Board?; Does it benefit the Town to have both? Visitor – Which gives more power to the Board? Mary noted Pat Simcoe's comment that Conditional Uses did not support the Comprehensive Plan.

Dave believes the Planning Board's function is to plan the Town's future. Tim suggested that better flow of the process would greatly improve if applicants went to the Zoning Board first. Mary will ask Steve Ritter for his input. The Planning Board will further develop their proposal that will apply the proper attention to applications before approaching the Zoning Board.

Pat C. asked what Town officer or Board is responsible for asking the County to address the deplorable condition of the River Road caused by the winter conditions and the heavy Hawbaker truck traffic from last year which used both ends of River Road for their travel and not just the Presho end of River Road as they had indicated would be done. Pat was advised to contact Mr. Spagnoletti directly with his request. It was noted that a Bond was posted by Hawbaker for the Presho end of the River Road but none was posted for the southern end of the River Road.

A Motion to adjourn was made at 8:30 pm by Pat C., Seconded by Tim and passed unanimously.

Respectfully submitted,

Janice Oberlander
Recording Clerk

2011-02-17T15:44:00.001-05:00

The Lindley Town Audit Workshop and Old Business Meeting was held on
February 16th, 2010 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
Paul Mortzheim – Councilman
Lloyd DeMunn, II – Councilman

Absent:
Gerry Simcoe – Deputy Town Supervisor
Paul Stermer – Councilman

Meeting called to order at 7:06pm
Pledge to Flag completed.

Richard Biggio announced:
• Legal is reviewing procedure to address public use of Town Hall.
• Received January and February Highway Superintendent’s Report
• Received Delta Attorney information regarding the Delta Road Use Agreement. This will need to be reviewed and discussed

Paul Mortzheim stated that he had spoken with Angela Darkins of the Power Authority POKR grant. She needs Schedule C out of the POKR grant application.

Audit:
Audits were completed on the January 2011 Town Clerk records, and on the October, November, and December 2010 Bookkeeper records.

Paul Mortzheim made the motion to adjourn the meeting. Lloyd DeMun, II seconded. Roll – all present agreed.

Meeting adjourned.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

2011-02-14T10:23:00.001-05:00

Town Clerk's Office is closed on Monday, February 21st in observance of President's Day.

2011-02-12T11:35:00.000-05:00

The Regular Town Board Meeting and New Dog Law Public Hearing was held February 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
Gerry Simcoe – Councilman
Paul Mortzheim – Councilman
Paul Stermer – Councilman

Attached:
Attendance List
• Meeting was called to order by Richard Biggio at @ 7:02pm.
• Pledge to the flag completed.
• Reports were received from Town Clerk, Justice, Historian, Supervisor, and Highway Superintendent.
• Minutes of the prior meetings were accepted as read.

Announcements by Richard Biggio:
1. David and Karen Ballard will be doing a brief Gas Pipeline presentation next month at the Town Board meeting.
2. Kitty Pierce has provided a list of donors for the park and the next bench.
3. Delta has provided two draft copies of the Road Use Agreement findings. Board members will look through these for the month and respond.
4. Rabies clinics are beginning to be scheduled. Megan will work with Chemung County SPCA to schedule one in Lindley, hopefully for mid to late May.
5. Steuben County Workers Comp has sent a bill for 2010 remaining charges and 2011

Public Comments:
Jim Lundgren – has heard discussion about changing the Highway Superintendent position from Elected to Appointed. Is this something the Board is doing?
Richard Biggio – the Board received a petition from residents indicating they would like to do this. There is a proper legal procedure for getting this on the ballot. In May 2011 the Board will revisit this and the body that wants the position changed will have to go through the proper procedure. If procedures are satisfied it will go on the ballot in November 2011 and the voters will decide. It’s not for the Board to decide.
Jim Lundgren – A loose dog that appeared to be a pit bull. Chemung SPCA came with only a rod and loop. Is the town liable if the catcher is injured?
Richard Biggio – No, the catchers are insured and trained.

Public Hearing regarding Licensing, Identification & Control of Animals in the Town of Lindley:
Richard Biggio indicated that the State has mandated that local towns take over the laws of managing dogs/animals. The proposed Law is to protect residents and animals, and provides criminal and civil penalties.

Richard reviewed key aspects of the proposed dog law and indicated that the Town wants to complete a census as well, and is looking into the best approach to doing this.

Public Comments:
No public comments

Public Hearing closed at 7:42pm and returned to Regular Town Board Meeting.

Old Business:
Lanny Plumley - presented a listing of approximately 9 dogs just on Gibson Hill Rd that he is aware are not licensed. Town Clerk accepted and placed on file in the Town Clerk’s office. Lanny indicated that he is concerned for the wellbeing of his grandchildren and in 30 days will contact the Health Officer if the Board does not address the unlicensed dogs issue. Lanny stated that if he doesn’t get help from the Health Officer, he will contact Ag and Markets because the Town Board doesn’t seem to be doing anything about this issue.
Richard Biggio – indicated that in the Board’s discussion about how best to do a census, they may take a different approach based on the information Lanny provided. The Town Board will take Lanny’s information and concerns into consideration and figure out how best to address the issue.

New Business:
1. There needs to be consistency regarding the use of the Town Hall for private parties. This is being reviewed by our Legal for nongovernmental business and who’s decision it is. May need a public referendum but we’re waiting on legal opinion.
2. We need an emergency person for Town Hall maintenance so it can be a simple matter to get someone in if pipes freeze and break, boiler breaks down, there are electrical issues/internet issues. Perhaps become an annual appointment or service agreement.

Vote:
Richard Biggio - Regarding the proposed Licensing, Identification & Control of Animals in the Town of Lindley law, is there any discussion? No discussion. Lloyd DeMun, II made the motion to adopt the Local Law 1, 2011 entitled above. Gerry Simcoe seconded. Roll – all agreed.
Law adopted

Lanny Plumley – is there going to be a rabies clinic? Megan – yes, hopefully in May.
Kitty Pierce – Could a college kid do the dog census?
Richard Biggio – there are issues of training, legality, town liability.
Dick Pierce – If there were still a Town Constable, this sounds like what they would do.
Kitty Pierce – Does the SPCA do random drives through the town?
Richard Biggio – They respond when called.

Town Board entered an executive session to discuss Union negotiations at 8:03 pm.
Town Board returned to Regular Board meeting at 9:16 pm.

Bills:
Motion to pay reviewed bills made by Paul Mortzheim, seconded by Lloyd DeMun, II. Roll – all agreed.

Motion to adjourn made by Lloyd DeMun, II, seconded by Paul Stermer. Roll – all agreed.
Meeting adjourned

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

211 Helpline Announcement

2011-02-10T16:01:00.001-05:00

February 11 is National 2-1-1 Day! Many of you have dialed 2-1-1 to find services or volunteer opportunities in your community. You may have also visited 211.org to find a 2-1-1 provider in another part of the country. You may have referred a friend or family member to 2-1-1. In 2010 we estimate that close to 20 million people across the country used 2-1-1 to find help or give help!

We want to spread the word about 2-1-1, using the power of the internet and your personal and professional relationships. Please repost this message in as many places as possible – Facebook, LinkedIn, blogs, emails, hobby or personal interest lists. Visit 211.org to find and link to your local 211 provider.

Help Starts With 2-1-1.

Thank you for sharing this message to help others!!!

2-1-1 HELPLINE

Carol Wood
Director, 2-1-1 Helpline
Institute for Human Services, Inc.
Tel: 607.776.9467 ext. 219
Fax: 607.776.9482
Email: woodc@ihsnet.org
Web: ihsnet.org

Justice Department Audit on February 8, 2011

2011-02-09T11:25:00.002-05:00

Meeting Called to Order by Richard Biggio at 7:10pm

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 February 8, 2011, at 7:00 pm, prevailing time.

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

PRESENT:
Lloyd DeMun, II, Councilman
Gerry Simcoe, Councilman
Paul Mortzheim, Councilman

ABSENT:
Paul Stermer, Councilman

The following resolution was offered by Councilman Simcoe moved it’s adoption, seconded by Councilman DeMun, II, to wit:

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

AND WHEREAS: The Town Board is limited to certain materials for review,

THEREFORE BE IT RESOLVED: The Lindley Town Board performed the annual financial report of the Justice Department to the best of it’s ability and Approve the Audit for 2010.

Meeting adjourned.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

Meeting Announcements

2011-02-03T17:29:00.000-05:00

Announcement #1
The Town of Lindley will hold regular Town Meetings at the Town Hall, 637 US 15, PO Box 62, Lindley, NY 14858 on the following dates:

Regular Town Board Meeting - Second Wednesday of each month, 7pm.
Audit, Old Business, Emergency Business Meeting - Third Wednesday of each month, 7pm.
Planning Board Meeting - Third Monday of each month, 7pm
Zoning Board of Appeals - Third Wednesday of each month, 7pm
Historical Society Meeting - Fourth Thursday of each month, 7pm.

Announcement #2
The Lindley Town Board will hold a Special Meeting at the Lindley Town Hall on Tuesday, February 8th to perform a Justice Audit at 7 pm.

Announcement #3
The Lindley Town Board will hold a Public Hearing regarding the Dog Licensing Law on Wednesday, February 9th at the Town Hall at 7pm.

Planning Board Meeting 1 17 2011

2011-01-27T17:30:00.001-05:00

LINDLEY TOWN PLANNING BOARD JANUARY 17. 2011

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

Minutes of the December 20, 2010 meeting were read. A Motion to accept the minutes as read was made by Pat S., seconded by Tim and passed unanimously.

Fran W. asked why the Town no longer subscribed to the services of the Southern Tier Regional Planning Board but the Town still receives information and surveys from them? Mary stated the Town could use the services of the STRPB via a contract. Their services were dropped because the Town was given misinformation concerning the Hawbaker Mining application. The Town was told the Lindley Zoning Law addressed the issues concerning the Hawbaker application while in reality it did not.

It was noted that Schuyler County has organized a gas oversight Committee concerning the potential gas drilling in New York State and does Steuben County have a similar Committee in place? Fran W. will contact the STRPB for that information.

The Board began a discussion on Conditional Uses and Their Potential Impact. Pat S. noted the Comprehensive Plan does not align well with the current Zoning Law; needs rewriting and needs to be made more “user friendly”. Last Comprehensive update was 2000. More communication is needed with the Town.

Several questions arose: How can the Town change its tax base; Why are single wides taxed a flat rate; How are mobile home parks taxed?

Mary asked that all members come prepared for discussion on remaining items at next month's meeting.

At 8:50 pm a Motion to adjourn made by Tim, seconded by Pat S. was passed unanimously.

Respectfully submitted,
Janice Oberlander
Recording Clerk

Audit Meeting 1 19 2011

2011-01-27T17:28:00.000-05:00

The Lindley Town Audit Workshop and Old Business Meeting was held on
January 19th, 2010 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
Gerry Simcoe – Deputy Town Supervisor
Paul Mortzheim – Councilman
Paul Stermer – Councilman
Lloyd DeMunn, II – Councilman

Meeting called to order at 7:07pm
Pledge to Flag completed.

Entered into Executive Session regarding Union Negotiations at 7:20 pm
Returned to Regular Audit Meeting at 8:45pm

Audits/Review monthly Bills:
Town Clerk’s financials were audited for the months of November and December 2010.

Motion to adjourn the meeting made by Gerry Simcoe, seconded by Lloyd DeMun, roll – all agreed, meeting adjourned.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

Lindley Town Hall boiler down

2011-01-24T09:10:00.001-05:00

The Lindley Town Hall boiler is down but should be back up between 9 and 12 today. Please call ahead... 607-523-8816. Thanks!

Town Board Meeting 1/12/2011

2011-01-19T10:10:00.002-05:00

The Regular Lindley Town Board Meeting was held January 12th, 2011at 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
Gerry Simcoe – Councilman
Paul Mortzheim – Councilman
Paul Stermer – Councilman

Absent:
Lloyd DeMun, II - Councilman

Attached:
Agenda
Appointments
Attendance List

• Meeting was called to order by Richard Biggio at @ 7:05pm.
• Pledge to the flag completed.
• Reports were received from Town Clerk, Justice, Historian, Supervisor, and Highway Superintendent.
• Minutes of the prior meetings were accepted with clarifications. Official minutes held in the Town Clerk’s office. Richard Biggio indicated that the Line Item for Municipal Court Personal Services includes all employees in that department, by State Law. Bailiff and Court Clerk funding can be reduced, but not after the budget is passed for that current year.

Announcements by Richard Biggio - Supervisor:
1. Drug and Alcohol testing agreement is signed with the County. Cheaper to go this route, and testing is random.
2. Justice is requesting audit date of Thursday January 27th. Reports are sufficient because it shows amount collected and amount deposited. These are State reports generated by the software. If Town Board feels there is insufficient documentation, there is a disclaimer that can be included in the minutes indicating such. This is a formality of our Oath of Office and a duty we have to do. Paul M. raised the issue of two different reports for the month of November 2010 and that they don’t agree. Gerry S. addressed a concern with partial payments and the Town Board never sees that difference. Richard B. assured Town Board that money was being handled properly but that if the Town Board feels an audit cannot be done properly, the disclaimer can be utilized.
3. Received a letter from Independent Towers Holding, a wireless communications company. They are looking to lease municipal owned property to market towers for competition with existing tower owners. They may come to the town of Lindley and review property.
4. Department of Transportation Maps and Appropriations announcement. NY/PA state line to Watson Creek Rd section of the highway being appropriated per eminent domain.
5. Water well potential on Town property quite involved. May be a revenue source and worth the effort required. Reviewing web links and the DEC requirements.

Public Comments:
Fran Tempel – regarding providing information to the town – the information on the front page of the blog would be useful for town residents. Discussion about reaching those who don’t have internet access. Bulk
mailing not available because the mailing addresses are divided among three towns (Corning, Lindley, Painted Post).
Kitty Pierce – suggested using Addison Post for information sharing and that it’s also available online.

Old Business:
1. Richard B. – will hold an Executive Session at the end of the meeting to continue Union negotiations.
2. The POKR grant was closed out and sent on time. The two on-demand receipts were not located and Megan will check files again for these. Paul M. will check with Mark Swan for his copies.

New Business:
1. Association of Towns announcement of annual training meeting held in NYS. Interested Board members see Megan.
2. Unifirst – Dick Johnson has a quote from COYNE at a $250 savings and includes shop towels. Paul Mortzheim made the motion to contract with COYNE. Seconded by Gerry Simcoe. Roll – all present agreed.
Motion Carried

Appointments:
See attached documentation

Town Board entered an Executive Session for Union discussions. Return to Regular Board meeting at 9:25pm.

Paul S. asked if the Ambulance contract was up. Richard B. had talked with Al Lewis and Mr. Lewis had said he would hold his rates for this year.

Bills:
Paul M. made the motion to pay the bills. Paul S. seconded. Roll – all present agreed.
Motion Carried

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

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

Audit/Old or Emergency Business Meeting

2010-12-16T14:54:00.001-05:00

The Lindley Town Audit Workshop/Old Business/Emergency Business Meeting was held on December 15th, 2010 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
Paul Mortzheim – Councilman
Paul Stermer – Councilman

Absent:
Gerry Simcoe – Deputy Town Supervisor
Lloyd DeMunn, II – Councilman

Meeting called to order at 7:09pm
Pledge to Flag completed.

Announcements:
• All reports were received last week at the Regular Board Meeting (Supervisor, Justice, Town Clerk, Highway Superintendent, Historian, Code Enforcement Officer)
• Richard Biggio received a report regarding fires with Heavy Equipment. In town of Veteran recently one was caused by faulty wiring on a truck. Report will be forwarded to Dick Johnson, Highway Superintendent.

Review of new Dog Control Law draft:
Board read through draft of proposed Local Law 1 for January 2011. Reviewed proposed fees, wording, adding “service dogs” to certain exemptions. Richard Biggio suggested ways to inform public should this become the new dog control law. Proposed law will be given to Pam Gee for review. Eventual plan if passed is to advertise, post at Town Hall and on blog, and place notification sticker on outgoing tax envelope that the law is available at the Town Hall.

Review of Emergency Business:
Board reviewed a concern regarding Rudy’s Mowing and miscommunication about number of mowings requested this past year. Decision was made to pay the last bill submitted and prepare a written contract for 2011 that Rudy J. and Board will sign.

Audits/Review monthly Bills:
Bills were reviewed because there were not enough Board members present at Regular Board meeting. Motion made by Paul Mortzheim to pay bills, with exception of number 206, Highway. Seconded by Paul Stermer. Roll – all agreed.

Bookkeeper’s financials were audited for the months of July, August, and September 2010. October records pending until bank statement is received.

Motion to adjourn the meeting made by Paul Stermer, seconded by Paul Mortzheim, roll – all agreed, meeting adjourned.
Respectfully submitted,
Megan Thistle
Lindley Town Clerk

Town Board Meeting December 8, 2010

2010-12-09T15:03:00.000-05:00

The Regular Town Board Meeting was held December 8th, 2010 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
Paul Mortzheim – Councilman

Absent:
Gerry Simcoe – Deputy Town Supervisor
Lloyd DeMun, II - Councilman
Paul Stermer – Councilman

Attached: Attendance list

• Meeting was called to order by Richard Biggio @ 7:05pm.
• Pledge to the flag completed.
• Reports were received from Town Clerk, Justice, Historian, Supervisor, and Highway Superintendent.

Agenda was reviewed. General Discussion but no business completed to due lack of quorum.

Meeting adjourned at 7:20 pm

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

Audit/Old Business Meeting November 17th

2010-11-22T11:19:00.002-05:00

The Lindley Town Audit Workshop and Old Business Meeting was held on November 17th, 2010 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
Gerry Simcoe – Deputy Town Supervisor
Lloyd DeMunn, II – Councilman
Paul Mortzheim – Councilman
Paul Stermer – Councilman

Attachments:
Attendance list

Meeting called to order at 7:05pm
Pledge to Flag completed.

Announcements:
• The Board needs to finish the 2011 budget
• The Board will hold an executive session regarding union negotiations.
• Richard Biggio received a package from Steuben County Industrial Development Agency and this will hopefully bring some revenue to the Town.
• Kathy is working with Unifirst regarding uniforms, the contract, and price changes. Also expects a credit for the money charged for an employee currently off duty. Should also be a credit for charges on uniforms for rentals, and no charge for replacements.
• Steuben County Office of Risk Management contract will be signed today.
• Will need to review the last bill sent by Rudy Jakubick for mowing. The contracted amount has already been paid to him and this current bill has no date on it. Kathy will contact him.
• Paul Mortzheim indicated he has Suit-Kote information and the cost/mi of cold paving.

Budget:
Paul M. commented that the reason he voted against the budget at the last meeting was because there were numerous negative comments from the public regarding the cost of the Court. The second reason was the bulk numbers for the highway fund, without an action plan or accountability.

Discussion about putting a plan in place for the town roads in the future, with acknowledgment that elected officials are solely in charge of their funds. Richard B indicated that a future mailing to residents would be helpful to provide town with information, and include a highway plan. The highway plan would require engineering that would give information and direction. Continued discussion that the Highway Superintendent wouldn’t have to follow the plan.

Paul Stermer indicated that his reasons for voting against the budget included the discrepancy between line items for Personal Services between the Town Clerk and Municipal Court line items. Paul S. stated that including the Court Clerk and the Bailiff on the Personal Services line item was wrong and they should go in the Contractual. Gerry Simcoe commented that either the Town Clerk’s or the Municipal Court’s Personal Services line items were wrong and needed clarification. Paul S. stated that the other reason he voted against the budget was that there was no accounting for use of funds, citing an example of a recent bill for $18,000 for ground stone, with no indication of how much, and no way of telling at this point. Discussion of this example and that once the budget is passed there is no control of how an elected official spends the money.

Re-addressed the issue of dust control and the perception by town residents that the Board took money away. Funding was halved and Highway Superintendent was asked that dust control be done only at residences that needed it. Discussion of entitlement vs. service of the town. Paul M. hoping for some structure this year and in the future to address roads.

Dick Pierce asked why the Board can’t tell elected officials what to do. Board clarified that once the budget is passed, elected officials have the control over how they spend their items. Dale A. Salisbury asked if elected officials can be forced to come to the Board for more money. Discussion about controlling elected officials through line items and that this is a double-edged sword.

Discussion about what was proper procedure in recording Personal Services in Town Clerk and Municipal Court services. Question about which was right, do all personnel go on Personal Services line or only elected official, with other staff listed within Contractual item? Page 17 listing of Elected Officials will reflect only the Justice’s Salary under Municipal Court. Tax Collector item will be removed from Page 17 as that is not an elected position.

Paul M. commented that giving the Justice $6600 is giving a raise. Commented that the he didn’t hear the public wanted that and it should not be above last year’s salary. Dick Pierce commented that he remembers the increase being to help out with the backlog. If he was coming in, and interested in the job and he saw the salary at 11140 he would take that as the salary for the judge. After discussion of hourly rate for 2009 Court Clerk and then 2010 Justice stipend, and review of the notes from 2009 budget process, it was determined that the 2010 salary for the Justice was $6200. After further discussion about the history of the position’s pay rate (jump from $5733 to $6200 in 2010), and the public comments raised during the public hearing on November 10th regarding the Justice’s salary being too high, Gerry Simcoe made the motion that the Justice’s salary will remain at $6200 for 2011. Paul Mortzheim seconded. Roll – all present agreed.
Motion Carried

8:00 pm – Executive Session for Union Negotiations.
8:10 pm – Return to regular session after re-scheduling for December 1st at 7:00 pm

Board discussed the $3640 for Court Clerk and $900 for Bailiff - should they go into Contractual rather than the Personal Services line so it is clear to the public what the Justice makes, and also so the Board can see year to year what the salaries are for each staff for comparison. Kathy Biggio – Finance Director, will call the state to see what needs to be done for the line item A1110.1 Municipal Court line item. Discussion about Town Clerk Personal Services: should the Deputy Town Clerk also show up on the Town Clerk Personal Services line item and which documentation is correct? Discussion about whether the Court Clerk and Bailiff are hourly or salaried, and will that determine location of items. Discussion about being salaried or hourly, and connection with worker’s comp. Richard B. will discuss further with Kathy.

Discussion about concerns with Highway Budget and coming up with a plan. Too late for this year to come up with a plan. Richard B. stated that the problem cannot be solved other than raise the fund reserve, and then designate those funds for capital projects. Then money can then be spent only on capital projects.

CHIPS money is likely to decrease and disappear completely.

Paul M. made a motion that the 2011 Budget pass at a 5.11% tax increase and as amended, with corrections made to Page 17, and if possible adjust line items for the Municipal Court. Lloyd D. seconded.
Roll – Richard Biggio: Yes, Paul Stermer: No, Gerry Simcoe: Yes, Paul Mortzheim: No, Lloyd D.: Yes.
2011 Budget Adopted

Dick Pierce asked about Assessors providing a report regarding real property loss or gain. Richard B. stated that the net loss on the Finance Director’s budget summary was 6% for 2010. Actual total loss for the highway project is a lot more.

Dale A. Salisbury asked if a new Highway Superintendent was expected. Richard B. mentioned that there is an interest within the community to change the position from elected to appointed, and this is a long process. This has been tried a couple times in the past and failed. But will start the process according to the wishes of the public in May 2011.

Richard B. mentioned that the Ammon Titus chair has been refinished and will be brought over to the Town Hall soon. Will need to do something about the concrete base it’s on.

Audits:
Town Clerk’s financials for July, August, September, and October 2010 were completed.

Motion to adjourn the meeting made by Paul Mortzheim, seconded by Gerry Simcoe, roll – all agreed, meeting adjourned.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

Planning Meeting November 15th

2010-11-16T10:55:00.001-05:00

The regular meeting of the Lindley Town Planning Board was called to order by Co-Chairman, Earl Titus at 7:05 pm. Members present included Pat Simcoe, Pat Clark, Fran Woodring and CEO, David Fuller. Three visitors were also present.

Minutes of the October meeting were read. A Motion to accept the Minutes as read was made by Pat Clark; seconded by Pat Simcoe and unanimously passed.

Further discussion on the Comprehensive Plan is postponed until Mary returns at the next meeting. Pat S. suggested Dave's Conditional Use Application Check List be placed on the agenda for the next meeting of the Planning Board.

Visitor comments: Dick Pierce asked if Lindley is covered for windmills? Earl noted it was discussed briefly at a previous meeting but also a study had been done which determined Lindley was not a candidate for windmills. Kitty asked if specifications could change and shouldn't Lindley be one step ahead and be prepared? Pat C. said the Town could see some privately owned windmills. Earl said Town should check further into the windmill possibilities.

Fran W. requested a copy of Dave's check list.

Kitty noted the opening of the Lawrenceville-Lindley bridge is at 1 pm, November 18, Thursday.

A Motion to adjourn was made by Fran Woodring; seconded by Pat S. and passed unanimously at
7:20 pm.

Respectfully submitted,
Janice Oberlander
Recording Clerk

Public Hearing - 2011 Budget

2010-11-15T12:59:00.002-05:00

The 2011 Budget Public Hearing was held November 10th, 2010 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 – Deputy Town Supervisor
Lloyd DeMun, II - Councilman
Paul Mortzheim – Councilman
Paul Stermer – Councilman

Absent:
Richard Biggio – Town Supervisor

Attached:
Attendance list

• Meeting was called to order by Gerry Simcoe @ 7:05pm.
• Pledge to the flag completed.
• Reports were received from Town Clerk, Justice, Historian, Supervisor, and Highway Superintendent.
• Minutes of the September Board Meeting were accepted as read. The reading of the other meeting minutes were waived.

Announcements:
1. Gerry S. announced that Richard Biggio was away due to illness.
2. Gerry S. announced that a resolution was needed to adopt Sawyer Rd. as part of the Lindley Town roads per a request by the NYS DOT for their inventory. Paul Mortzheim made the motion to include Sawyer Road as previously included. Paul Stermer seconded. Roll – all present agreed.
Motion Carried
3. The bridge on Cty Hwy 115 into Lawrenceville will open with a ribbon cutting ceremony on November 18th.

Budget Review:
Gerry S. indicated that the budget for General Fund is $255,701 with the amount to be raised by taxes being $170,401. Budget for Highway is $551,880 with the amount to be raised by taxes being $434,380. Proceeded to review line by line items.
Jeffery Swan asked why a Bailiff was needed for the court. Gerry S. indicated that one time per month there were criminal cases. On these occasions, sometimes family members/friends arrive that can require the presence of a bailiff to subdue high emotions. Jeffery Swan indicated there are two justices in Cooper and no bailiff. Jeffery asked why a panic button was needed. Paul Mortzheim indicated that a panic button in all the offices supports everyone, and Gerry S. indicated that there was only one court session per month that the bailiff was present, so a panic button would assist on the other court dates.
Dick Pierce stated that the Town did away with a constable and stated that according to Town Law couldn’t the constable serve as the bailiff? Gerry S. indicated this would most likely cost more than the $900 a year for a bailiff.
Jeffery Swan indicated that the constable costs were paid by whoever had him serve the papers.
Kitty Pierce asked if the bailiff lived within the town of Lindley. Gerry S. indicated he would find out.
Jeffery Swan asked why the Justice salary went up by so much? Without the Finance Director present the Board had to estimate it went up about $200-$800. Gerry S. said he could find out how much it went up. Jeffery indicated that Lindley’s budget for the court is the highest, followed by Addison. Jeffrey S. read salaries for surrounding towns compared to Lindley. Gerry S. commented that Lindley has Rte 15 traffic tickets. Kitty P. asked how much was for the Court Clerk and Mary Lentzen asked how much money the Justice was bringing in to the town. Paul M. indicated the Board was having difficulty getting a fully disclosed amount given the confidentiality of the court finances, back money from the previous term, and no track record. Paul M. indicated that as of yet, the court was not working on a steady stream number.
Jeffery Swan asked why a Court Clerk was needed. Gerry S. indicated there was a large backlog from the previous term. Gerry S. indicated that the mailbox is now full of new tickets as well. Jeffery Swan expressed his opinion that it doesn’t seem like the Town is getting it’s money’s worth, and that other towns don’t spend as much.
Gerry S. indicated that it’s possible tickets could increase when the truck scales station up the highway gets put in. That may be in 2015. Paul M. indicated the town is getting more money over the cost of the court. It’s estimated that the town gets approximately 23 - 30% of the cost of the tickets, overall.
Jeffrey Swan stated it was his opinion that the Justice was wanting another raise and this shouldn’t happen. The other towns pay less.
Pam Clarkson Smith commented that the Justice was wanting higher pay because she has to work 24/7 and that the justice knew that coming into the job. Paul S. indicated that all justices are 24/7. Pam S. stated that the Justice knew what the job paid when she took the position. Gerry S. indicated that next time there will be a track record to go by. Kitty Pierce asked about the salary being set for a term or a year? Gerry S. and Paul M. indicated that it would be set for that year but could go down for the next year, but not below the amount it was upon election. Salary when elected was approximately $5600 or 5800. Justice received a raise the first year based on workload and backlog. Kitty P. commented she was with Jeffery Swan and indicated the Justice pay was too high compared to other towns.
Continued on to other line items:
Jeffrey commented that the Finance Director salary was high compared to other towns. Indicated that Supervisor always did it. Board explained that the town of Lindley has had a separate person the last few years and the pay is low.
Pam Clarkson Smith commented on the difference between the raise for the Town Clerk vs. the Justice, who was getting several hundred. No comments. Pam S. asked if the Justice was at the Town Hall one night per week. This was confirmed. Pam S. added that she worked for minimum wage for years and saw it as a community service. Paul M. commented that the Town Clerk won’t take a raise even though the Board tries to give her one. Kitty Pierce added that the Town Clerk works 24/7 too. Board agreed.
Discussion of Legal Services and current fee-for-service system as compared to past.
Dog control discussion is slightly cheaper by contracting with Chemung Co. SPCA. Dog licensing will be done now out of Town Clerk’s office. NYS is dropping their involvement. Previous Dog Control Officer now lives in Campbell and works swing shifts. Chemung Co. SPCA is available to accept 24/7 and will accept sick animals as well.
Dick Pierce asked about Dust Control funding. Gerry S. indicated this would be discussed later in the meeting. Jeffery asked if it was returned to the budget, like it was taken out before. Board as a group commented that this had never been removed.
Regarding the Library funding, Jeffery stated he was glad to see one town stood up. Linda Swan stated that it is a necessary service to the communities, the staff is small, the Supervisor is not the highest paid in the state, and that she has actually saved money since in the position through energy savings and endowments. The Library serves the whole Southeast Steuben County area. Cost per family is about $2-$5.

Regarding the numbers for State Retirement: - Kitty Pierce asked who that is for. Gerry S. stated that this covers Dick Johnson. Paul M. clarified that no one from the past is on it.

Fran Tempel expressed that it is worth stating, regarding concern about the Court, that they are bringing in $22,000, so it’s a wash.

Paul M. indicated that this number was the Board's expectation, since the Justice legally can’t give an expected revenue amount. Paul M. stated, based on the overall state numbers, $22,000 is what the Board has agreed upon for expected revenue.

Regarding Highway expenses – Paul M. stated that road oil is in the Contractual line item and is not broken down between oil, salt, and so forth. Use is at the discretion of the Highway Superintendent. Paul Stermer commented that after the Board determines the amounts in the budget, the Board has no control over how it’s spent. Paul M. clarified that the Board is always trying to save money and in the past observed that oil for dust control was being placed where it was not needed. Therefore the amount needed was cut back. Paul M. indicated that his understanding was that it seemed the community thought the Board took away funding for road oil. This did not happen.

Frank Hall indicated it seemed there was a feud going on between Highway Superintendent and the Board. Board disagreed. Gerry S. stated that the line item that includes dust oil is up to $50,000. Paul M. stated that the Highway Superintendent is elected and the Board cannot control what he does. Paul M. indicated he had heard from community members that the Highway Superintendent has said that if he couldn’t oil everyone’s driveway he wasn’t doing anyone’s. Discussion about dust control, saving money, and the decision being the Highway Superintendent’s.
Dick Pierce commented that Paul M. had come a long way from “it was your decision to live there.”
Dick Pierce asked about whether or not Dick Johnson would run for re-election next year. This was not in writing at this time. Dick Pierce asked what the salary would be for the next person. Gerry S. said a notice would be put in for the position when needed. Dick P. raised the issue about a new person coming in getting paid the same as a veteran worker. Paul M. indicated that the Board would do a comparative analysis of roads and so forth and what the current standard rate is. Dick Pierce commented that it seemed the Board was putting itself in a box by not talking about the roads until May 2011 as regards appointing or electing a new highway superintendent.
Paul reviewed the Boards’ qualifications as relates to road conditions (truckers, businessmen, contractors) and the expressed his opinion that the Board is qualified to help set the salary.
CHIPS discussion regarding expected decrease of funds starting next year. Amount is not known at this time but is expected to decrease.
Jeffrey Swan asked if Dick Johnson knows what he’s budgeted for the year and does he show the Board what’s left? Does the Board get the money back? Paul M. indicated there’s often $38-40,000 left that is returned to the budget.
Jeffrey Swan asked about Town savings. Current reserves expected will be $293,600 for Highway Fund, and $198,500 for General Fund. There is also a restricted “Equipment” fund of $100,000 for highway equipment only. Town is only allowed by law to save a certain amount above tax rate. Gerry S. said there might be some in the Cemetery for Fairview, perhaps $3-4000 but legalities are still being worked out.

Total expected increase of the Town is 5.61%, with some funding from Town savings helping to drop it ($23,000 from savings). The County chargebacks will then be added to that.

Jeffrey Swan commented his observance of tax breaks for businesses coming into other towns. Should the town of Lindley do a similar thing? Gerry S. thought there was some hope with the new access roads for higher-end homes. Jeff S. thought the gas drilling might increase the cost of buying. Discussion about when this might happen in NY. Possibly 6 months to a year.

Megan Thistle, Town Clerk, asked for clarification about where in the line items should salary and contractuals be placed. Examples were her own line items, with her deputy town clerk’s salary, and the justice/court clerk/bailiff line items. For consistency, legality, and the salary page for elected officials, where and what should the line items reflect? Discussion and Board opinion was that salaries be broken down between elected official’s salary and other personnel salaries. These should be on separate lines in order to not be misleading to the community. Paul M. stated that technically the bailiff and court clerk salaries could be cancelled, but not the Justice’s. Megan T. asked if the $11,140 total would still be paid to the Court, even if work load decreased. Paul S. expressed his opinion that the Justice may be placing all personnel on one line item so that the Board could not cancel the bailiff or the court clerk. Paul M. commented that the Justice’s request might be to cover the cell phone expenses she’s experienced and that both that and the other personnel expenses should go on the contractual line. This wouldn’t change the total amount for the court. Gerry S. said the line item issue could be corrected.
Jeff S. expressed confusion that the Town isn’t able to see some of the court books. Board clarified that many tickets were youthful offenders and therefore confidential. Paul M. commented that years ago, the board would see who had a ticket and how much was paid on it. Now it’s a lot different and the Board is still required to do an audit. The Board has determined that any audit the Board does has no validity because there’s nothing to that the Board can see to compare receipts or deposits. Lloyd commented that the Justice is setting up a meeting between the Board members and a NYS auditor to learn how to do Justice audits.
Jeff S. asked if the Town had been approached by the same outfit that appraised Caton. Paul M. indicated that 4 years ago they looked at it. It would have cost $75,000 because of the impact all the highway and Hawbaker changes were having and so the results would have been useless. And if the Town doesn’t keep up to date on it the Town would have had to do it again at the cost to the Town.
Budget motion wording was discussed. Need Kathy to review Line Items for A1110.1 and what should be included in there, and also correct page 17 to reflect accurate Elected Official’s salary.

Paul Mortzheim made the motion to adopt the 2011 budget with those stipulations that do not impact the financials. Seconded by Lloyd DeMun. Roll – Lloyd DeMun – Yes; Paul Mortzheim – No; Paul Stermer – No; Gerry Simcoe – Yes.
Motion Failed

Fran Tempel asked what the next step would be. Gerry S. stated the Board would have to make a decision next meeting, Wednesday the 17th, with the Budget due the 19th. This will be a public meeting but not a public hearing. The Board will need to work out the differences and make a vote.

Bills:
Bills were reviewed and approved with exceptions noted on the certification pages. Paul Stermer made the motion to pay the bills. Seconded by Paul Mortzheim. Roll – all present agreed.

Lloyd D. asked Paul S. and Paul M. why they voted against the budget motion and both expressed their concerns with the Highway budget and accountability. General discussion of Highway expenses ensued.

Motion to adjourn the meeting made by Lloyd D. Seconded by Paul Stermer. Meeting adjourned at 10:00pm

Respectfully submitted,

Megan Thistle
Lindley Town Clerk

2011 Budget Workshop #2

2010-11-09T11:28:00.000-05:00

The Second 2011 Budget Workshop was held November 3rd, 2010
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
Gerry Simcoe – Councilman
Paul Mortzheim – Councilman

Absent:
Paul Stermer – Councilman

Attached:
Attendance list
Asphalt Concrete Comparisons for Steuben County

• Meeting was called to order by Richard Biggio at @ 7:05pm.
• Pledge to the flag completed.

Budget Review:
Richard Biggio provided a handout of Asphalt Concrete Comparisons for Steuben County to begin discussing the financial requirements of paving Lindley roads. Discussion about maintainance, starting with the proper substrate/base, alternative (Fog Seals, Chips, oil and stone). Discussion about the use of CHIPS funds and how in the next years the $100,000 will be decreased by an unknown amount. Further discussion included use of the free Cornell Local Roads program to provide a matrix of road composition in Lindley.

Ron Mosher raised the issue of the condition of North Branch Clendenning. Commented that much information is available for free, like the count of traffic on the road. In 2004, road use was 604 cars on average, daily.

Discussion about how to start saving money earmarked for possible paving in the future and whether Lindley has the right equipment and training.

Discussion moved to community growth and how the geography, absence of feedback from a recent survey, and Comprehensive Plan outcomes inhibit growth.

Review of the revised draft of the budget continued. Discussion about the Reserves (Emergency Funds) and should these Reserve balances be raised in anticipation of upcoming years’ hardships. New Reserve for General Fund to increase to $190,000 by resolution at next meeting. Highway Fund Reserve could be raised to $275,000.

Unanimous decision of Board Members present to take $8500 from General Fund and $17,500 from Highway Fund to limit tax increase to approximately 5% for the 2011 budget.

Board entered an Executive Session at 9:05pm. Board returned to Regular Session at 9:30pm.

Gerry Simcoe made the motion to adjourn. Lloyd DeMun seconded. Roll – all agreed. Meeting adjourned.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

Lindley Town Clerk's Office Closed for Veteran's Day

2010-11-08T09:29:00.001-05:00

The Town Clerk's Office is Closed on Thursday, November 11th for Veteran's Day.

Public Hearing on Proposed 2011 Budget Wednesday, November 10th at 7:00 pm

2010-11-04T16:43:00.003-05:00

TOWN OF LINDLEY
Notice of Public Hearing on the
Preliminary Budget of the Town of Lindley
For the Year 2011

NOTICE IS HEREBY GIVEN that the preliminary budget of the Town of Lindley for the fiscal year beginning January 1, 2011, including general town funds, highway funds, and fire protection district funds, has been completed and filed in the office of the Town Clerk of the Town of Lindley, 637 US 15 PO Box 62, Lindley, NY 14858, where it is available for inspection by any interested person during office hours Monday, Tuesday and Wednesday from 9 am to 1 pm and Thursday from 2 pm to 6 pm.

The Town Board of the Town of Lindley shall hold a public hearing on said preliminary budget on Wednesday, November 10th at 7:00 pm, showing such changes, alterations and revisions as shall have been made therein by the Town Board of Lindley. At such hearing, any person may be heard in favor of or against the preliminary budget as compiled, or for or against any item or items therein contained.

The following are the proposed year salaries of certain Town Officers of the Town of Lindley:

Town Supervisor: $5100
Councilmembers(4): $4800
Highway Superintendent: $37,000
Justice/Clerk/Bailiff: $6600/$3640/$900
Director of Finance: $6750
Town Clerk: $7200
Tax Collector: $1836
Assessor(Chair): $3200
Assessors (2): $4752

First 2011 Budget Workshop

2010-11-01T11:33:00.002-05:00

The First 2011 Budget Workshop was held October 27th, 2010 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
Gerry Simcoe – Councilman
Paul Mortzheim – Councilman

Absent:
Paul Stermer – Councilman

Attached: Attendance list

• Meeting was called to order by Richard Biggio at @ 7:05pm.
• Pledge to the flag completed.

Announcements:
1. Will do an Executive Session regarding Union Negotiations.
2. Need to address the JCAP grant request, as the deadline is this week

Budget Review:
Kathy Biggio reworked some of the numbers and proceeded to review adjustments with Town Board.

Board agreed to $35600 for the Fire Department.

Discussion about Justice’s requested increase: requesting $11,140 for personal services. Gross revenues for last two months are $14 and $10 thousand. State then takes 75% of that. Paul Mortzheim commented that he does not feel municipal court should be breaking $13 thousand. Tracy commented that the number of tickets are not decreasing. Tracy explained she is using her personal cell phone for calls, which now costs $200/month. She is also buying stamps out of pocket and she has not claimed mileage for the last 2 months. Richard indicated this is what the Contingency Fund is for.

Discussion moved to the report Tracy provides to the Town Board, monthly, and that it has no relevance to her or the Board. The report she gets back from the State and gives to Richard Biggio provides the numbers needed, in part, for an audit. Discussion about what Tracy is required, by the State, to provide for audits. Discussion about how the Board cannot track finances relative to tickets, because tickets are confidential. Richard Biggio commented that the fight regarding insufficient reports is with Albany. Gerry Simcoe commented that the State should come in and do an audit of the Justice’s books because the Board can’t do a proper audit job with the paperwork the State says is sufficient.

Fran Tempel suggested covering confidential info and copying these reports for the Board. Tracy indicated this would be considerable work within the 4 hours a week she works.

Ron Mosher asked if all Judges were working in the dark like this. Further discussion about what the Board should do regarding Justice audits. Richard Biggio stated a resolution will be worded in such a way that the Board does not have any liability, since the Board has no way of knowing what money is really being brought in. Paul Mortzheim indicated he would not participate in Justice audits because there is insufficient material provided in order to complete one. Tracy suggested having the audit educator come in and help teach the Board how to do Justice Audits.

Paul M. expressed appreciation for the time Tracy took to explain the process.

Richard B. commended Tracy and Kim for a tremendous job done in the past year with grants and increasing the professional image of the Board Room. Recommended leaving the requested increase and see where things look in a year. Paul M. reminded the Board that once the salary is increased, it can’t be decreased in a term. Discussion about how to predict future revenues for the Justice department. Breakdown of personal services - $6600 for Justice, $3640 for the Court Clerk, $900 for the Bailiff. Tracy reiterated her cell phone cost, on call status, and compared her salary to the Town Clerk’s salary. Tracy was reminded that she is not responsible for the cost of her phone, her on call status, and clarified that the Town Clerk makes about $7.00 an hour. Richard B. re-stated the work and professional image that Tracy’s efforts lend to the town. Decision was made by the Board unanimously to go ahead with the requested amount. Richard reminded the Board that this doesn’t finalize anything but gives the Board a place to start.

JCAP grant: - $80 for duress buttons for additional offices…. $400 a year for the whole building after the first year. Total amount applied for - $4766. JCAP would cover all duress buttons, a safe, and 2 court seals. Alarm install would be covered by the JCAP grant. Paul M. made the motion to approve the JCAP grant, Lloyd D. seconded. Roll – all present agreed.
Motion Carried.

Enter executive session at 8:20 pm. Return to regular meeting at 9:07 pm.

2011 Budget discussion:
Current numbers on budget indicate a 9.63% tax rate increase, or a 6.84% actual tax increase, if taking no money out of savings. Discussion about how much money might be left after the year end expenses are paid, and how much needs to come out of savings. Shoot for 3-5% increase with a rationale, review the numbers and come together next week and discuss. Next meeting Wednesday, November 3rd, 2010 at 7:00 pm.

Public Comments:
Fran Tempel - can the Town Board Agenda be put on the blog the day before the meeting? Richard will try to do this.

Lloyd D. made the motion to adjourn the meeting. Paul M. seconded. Roll – all present agreed.
Motion Carried.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

Audit, Old Business, Emergency Business Meeting October 20th 2010

2010-10-21T15:10:00.002-05:00

The Lindley Town Audit Workshop and Old Business Meeting was held on
October 20th, 2010 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
Gerry Simcoe – Deputy Town Supervisor
Lloyd DeMunn, II – Councilman
Paul Mortzheim – Councilman
Paul Stermer – Councilman

Attachments:
Attendance list

Meeting called to order at 7:02pm
Pledge to Flag completed.

Announcements:
Richard Biggio announced there will be an executive session regarding ongoing Union Negotiations, an update on the JCAP grant, and a 2011 Budget Workshop.

Public Comments:

• Kitty Pierce – the Titus Family has decided Ammon Titus chair should be placed at the Town Hall. Discussion about this. Richard B. will discuss with Linda Swan about how and when to get the chair to the Town Hall.
• Kitty Pierce – stated that the Lindley School PTA would like to donate their remaining money to the Town to be used in memorials.
• Kitty Pierce – suggested the front lawn be designated as a Memorial Park, and develop a fund for that.

The Board entered executive session at 7:11pm.

The Board returned to the regular Audit Meeting at 7:49 pm.

Business:

Tracy Wilson provided an update on the JCAP grant she would like to pursue. Total amount is now $4766. $3366 would cover the initial cost for panic buttons located on the bench and the justice office, with a connection panel large enough for additional buttons if needed in the future. Cost for maintaining and monitoring these buttons would be free for first year, $400 annually after that. Furthermore, these are remote buttons and would not require a phone line, removing the cost for installing a phone line.

$1200 would be needed for a safe that can be placed in the justice office.

$200 would cover the cost of replacing the Court seal. The current seal is large and heavy, and could be used as a weapon. $200 would pay for 2 hand held seals.

Discussion about the ongoing cost for the remote panic button system: The company that would provide the service is Simplex in Big Flats. The call goes through Simplex and then directly to emergency authorities. Concern raised about the $400 annual cost for the system and why using a phone to dial 911 is insufficient. Tracy indicated that in an emergency, a hidden button is much easier to deal with than a phone when trying to de-escalate an individual. Discussion about how cases are different these days than in days past. Tracy called Simplex and learned that the cost does not go up if additional buttons are installed.

Richard Biggio asked for a motion to approve the JCAP request. Lloyd DeMun made the motion. No one seconded. Motion Failed.

Richard Biggio asked for a motion to table this decision. Paul Mortzheim made the motion. Gerry Simcoe seconded. Roll – Lloyd – No, Paul Stermer- Yes, Richard Biggio – Yes, Paul Mortzheim – Yes, Gerry Simcoe – Yes. Motion to table carried.

Budget Workshop:

Board members reviewed each line item in the first draft of the preliminary 2011 Budget.
• Municipal Court request was too high. Discussion included increased number of tickets than in the past, and ¾ of business is now new business. Tracy indicated that her use of a bailiff for safety, use of her personal cell phone for business, and frequent late night/early morning arraignments justified the increased cost.
• Assessors contractual adjusted to reflect a more likely cost for computer.
• Town Clerk request adjusted to $7200.
• Buildings decreased because of expected cost savings with new phone plan.

Kathy Biggio will print off second draft of preliminary report and provide to Board Members for next meeting on the 27th.

Richard Biggio will contact John Keuhn from Sprague Insurance to discuss costs of HSAs for next week.

Motion to adjourn the meeting made by Lloyd DeMun, Seconded by Paul Stermer. Roll –All agreed.
Meeting Adjourned

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

Planning Board Minutes October 18 2010

2010-10-21T15:09:00.001-05:00

LINDLEY TOWN PLANNING BOARD
October 18, 2010

The regular meeting of the Lindley Town Planning Board was called to order by Chairperson, Mary Lentzen at 7:00 pm. Members present included Tim Shaddock, Pat Simcoe, Pat Clark, Earl Titus and CEO, David Fuller. Two 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 Dave and unanimously passed.

Mary noted the upcoming Stormwater Symposium scheduled for November 4, 2010 at the Elmira Riverview Holiday Inn and hosted by ChemungStormwater@stny.rr.com.

Kitty Pierce informed the Board that Sally Orr will be presenting the first part of a collection of youtube Videos on the founding of the US Constitution on October 28 at 7:00 pm. The Public is invited.

Tim gave a demonstration on the many uses of the Power Point Program with the idea the Board's work on Lindley's Comprehensive Plan Update could be presented with this program.

The Board began a discussion on WHAT IS THE BEST WAY TO MANAGE LAND USE TO ACCOMPLISH THE COMPREHENSIVE PLAN, with members submitting their suggestions. Mary will send the list of suggestions to Board members for their study in preparation for the November Board meeting.

Dave submitted a Conditional Use Application Check List.

Kitty stated she has received a copy of the NY State Preservation booklet. Dick Pierce asked if the Town could encourage more home building in Lindley if the current 2 acre lot size minimum could be reduced to 1 acre? Earl stated the 2 acre minimum helps to keep more open space and also allows for sufficient spacing of wells and septic systems. Pat S. noted the 2 acre reasoning should be explained as to why it is a required minimum.

At 8:15 pm a Motion to adjourn was made by Tim, seconded by Earl and passed unanimously.

Respectfully submitted,
Janice Oberlander
Recording Clerk

Town Clerk getting LOCKED UP for GOOD!

2010-10-20T09:53:00.002-05:00

Hi all... the Lindley Town Clerk, Megan Thistle, is getting locked up today to benefit the Muscular Dystrophy Association. She needs BAIL! She will be locked up at the Ramada Inn (formerly Holiday Inn) in Painted Post from 2:00 - 3:00 pm and needs your help! Come donate, come visit, or just come to take pictures! See you there!

Regular Town Board Minutes October 13, 2010

2010-10-19T08:53:00.003-05:00

The Regular Lindley Town Board Meeting was held October 13th, 2010 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
Gerry Simcoe – Councilman
Paul Mortzheim – Councilman
Paul Stermer – Councilman

Attached:
Agenda
Attendance list
Pantry of Angels handouts

• Meeting was called to order by Richard Biggio at @ 7:05pm.
• Pledge to the flag completed.
• Reports were received from Town Clerk, Justice, Historian, Supervisor, and Highway Superintendent.
• Minutes of the September meetings were accepted

Announcements:
1. Will do the Executive Session on the Agenda last, since it is restricted to Board members.
2. Richard Biggio thanked all the people who put together the Old Home Day event and announced that Dick and Kitty Pierce were surprised with the award of Citizens of the Year. Kitty Pierce thanked everyone who helped put the event together.
3. Richard Biggio reported that there is some support to change the Highway Superintendent position from an elected to an appointed position. He indicated the Board is being pressed to place this question on the upcoming ballet but clarified that there is a legal process required. Richard indicated that the role of the petition was to show the Board that there was interest, and now that the Board knows there is, proper procedure will be followed. This is a lengthy process and must be started in May of the desired year. Richard Biggio indicated this discussion was over until May 2011 at which time the Board will again pursue the issue.
4. Delta has completed gathering the road counts and are currently processing the information. Richard Biggio reminded everyone that the purpose of the study is to protect the roads from abnormally heavy use.

Public Comments:
Al Schoonover commented on the Delta project and expressed his concerns in using Delta. Al shared, in part, his opinion that the Town was not getting its value from Delta, his concerns that Dick Johnson didn’t have a copy of the Delta contract, his fear that the Town was setting itself up for a lawsuit, and that no one seems to know where the road counters were placed.

Richard Biggio reiterated the purpose of the Delta project and indicated that Al’s concerns and opinions were noted. Lloyd DeMun commented to Al that neither he nor Paul Stermer voted for the Delta Road Use Agreement project.

Fran Tempel – has the Board heard if additional towns have joined the Delta road project to decrease town shares? Richard indicated that at the time Lindley contracted with Delta, there were 8 towns and so the cost was decreased. There are now over 30.

New Business:
• Regarding the JCAP grant for the Court. Tracy Wilson presented her plans in asking for a portion of the NYS JCAP grant: funding for putting in 2 panic buttons (one on the bench, one in the Justice office); the purchase of a safe for the Justice office; and funding for a telephone system dedicated to the court to accommodate fax, phones, panic buttons, and credit card machine. Tracy was expecting to request $7500 for the cost of these improvements.

Paul Mortzheim asked if there would be ongoing costs to the Town after these items were in place. Tracy indicated a $9.99 monthly fee for the panic buttons was expected.

Richard Biggio posed the question of whether a panic button should be added to the Town Clerk office if they were being installed anyway. Board decided to wait until a firm estimate was provided within the next week.

• Town Seal – The antique Town Seal was replaced with Board approval in May 2010 because paper didn’t hold the impression well anymore. A resolution was necessary to make the new seal use valid.

Resolution to Purchase and Use an Updated Town Seal

Whereas the Town Board agreed and did purchase a new Town Seal in May, 2010 and the Lindley Town Board does validate all use of the new Town Seal from May 1st, 2010 forward. Motioned by: Paul Mortzheim. Seconded by Gerry Simcoe. Roll – all agreed.
Resolution Adopted

Dick Pierce – Provided a note to the Town Board regarding the petition to make the Highway Superintendent position appointed. There is opposition to this petition and Dick could collect signatures if desired.
Richard Biggio - this will be further addressed in May, 2011.

Budget Review:

Kathy Biggio – Finance Director, reviewed the line items of the first draft of the 2011 budget. The Town Board determined additional review will occur at the next meeting on October 20th at 7 pm, and a Budget Workshop will be held on Wednesday, October 27th at 7 pm at the Town Hall.

Paul Mortzheim thanked Dave Fuller for his progress with the garage issue on Rte 15.

Janet Schroeder of Pantry of Angels provided a brief presentation about what they do, how they assist people in need to get food, and a request to the public for potential Board of Director members. Janet provided handouts and will contact the Town Clerk with information that could be included on the Lindley Town Blog.

Town Board entered into an Executive Session at 9:15 pm to discuss Union Negotiation issues.

Lloyd made the motion to end the Executive Session. Paul Stermer seconded. Roll – all agreed. Executive Session ended at 9:51 pm.

Bills:

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

Paul Stermer made the motion to adjourn the meeting. Paul Mortzheim seconded. Roll – all agreed. Meeting adjourned at 10:30 pm.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

Historical Society Program October 28th

2010-10-19T08:40:00.000-05:00

The program: " You Tube History -- Part I -The Founding " for the monthly meeting of the Lindley /Presho Historical Society will be presented by Sally Orr. The meeting will be October 28th -7 P.M. at the Lindley Town Hall on U.S. Rt.15
Sally spent many hours developing an audio/visual program -- a time line of events that created the History of the United States and Lindley . The October program is the first in the series that she originally made to be presented at The Lindley Old Home Day in September but was unable to show due to problems with the lighting. Sally was instrumental in the filming and editing of the video -The Settlement-( Col.Lindsley's arrival in Lindley in 1790) and has a talent for making history come alive. The meetings are free and open to the public .Everyone is invited to come and view Sally's latest creation.

Kitty Pierce
Lindley Historian

Budget Workshop October 27th

2010-10-14T14:41:00.002-05:00

There will be a Budget Workshop at the Lindley Town Hall, 637 US 15, Lindley NY on Wednesday, October 27th, 2010 at 7:00pm. The public is invited to attend.

Pantry of Angels

2010-10-14T14:32:00.001-05:00

The Pantry of Angels, located at the Presho United Methodist Church, 1727 Indian Hills Rd., offers free food to residents of the town of Lindley who need assistance. The food pantry is open each Thursday from 4:30 to 5:30 p.m. Proof of residence must be shown.

If you need food and cannot attend the distribution, please call the church at 523-7250 on Thursday between 4 and 5:30 to make arrangements. If there is an emergency food need, please contact Butch Snyder at 523-7715.

Donations are needed and may be mailed to Pantry of Angels, C/O Presho United Methodist Church, 1727 Indian Hills Rd, Painted Post, NY 14870. Monetary donations are needed to make purchases from the Food Bank of the Southern Tier. Donations of non-perishable foods are also accepted and can be delivered to the Church on Thursdays between 4:00 and 5:30 p.m. or Sundays between 9:00 and 11:00 a.m.

Volunteers are being sought to serve on the Pantry of Angels Board of Directors. The Board supports the Pantry of Angels with public relations activities, fund raising, long range planning and general oversight duties. If you are interested in serving our Lindley community in this way, please contact Janet Schroeder at 523-8020.

Budget Workshops starting

2010-09-28T08:41:00.003-05:00

The Town of Lindley Town Board will begin 2011 Budget Workshops at the next two Regular Board Meetings, starting October 13th, 2010. These workshops will occur in closed sessions. A Public Hearing will be held at a later date.

Town Clerks office closed due to flu

2010-09-14T06:36:00.002-05:00

Town Clerks office will be closed today due to the flu. Please call and leave a message and the clerk will return your call as soon as possible. If you need a more timely response, please call one of your board members, contact info along sidebar. Thanks!

September 8 Board Meeting Minutes

2010-09-11T08:27:00.004-05:00

The Regular Lindley Town Board Meeting was held September 8th, 2010 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
Gerry Simcoe – Councilman
Paul Stermer – Councilman

Absent
Paul Mortzheim - Councilman

Attached:Agenda, Attendance list

• Meeting was called to order by Richard Biggio at @ 7:00pm.
• Pledge to the flag completed.
• Reports were received from Supervisor, Code Enforcement Officer, Town Clerk, Justice, and Town Historian.
• Minutes of the August meetings were accepted as corrected.

Announcements:
1. Delta will be putting in 9 traffic counters around the town to evaluate the roads. This will help engineers and lawyers understand use and matrix of roads to estimate cost for repairing damaged roads.
2. NYMIR is hosting a “safe snow-plowing course”.
3. The Office of the Comptroller has sent a reminder about how important audits are. They list several towns and cities with thousands of dollars lost to theft and poor auditing practices. The Town of Lindley will continue to prepare audits.
4. Introduction of Janice Volk, candidate for the NYS 29th District Congressional Seat. Janice shared her background:
• Lifelong Republican
• Lived in Alleghany County for 15 years.
• Has been a pilot for 17 years.
• Started the first Community Based Out Patient Clinic for Veterans in the area.
• Decided to run after becoming more and more frustrated with the current politicians.
• She is pro-life and believes tax dollars should not be used for abortions.
• Believes fiscal responsibility is necessary.
• Due to challenges to her petition by Tom Reed, she will be a write-in candidate because she does not have the funds to meet his challenge. Of the 118 signatures challenged, only 22 are not valid.
• When you vote, look for the heading of Congress, look straight down that column and find “write-in” and write her name.

Public Comments:
Fran Tempel – Has there been a decision regarding Library funding? Richard Biggio – not yet.
Kitty Pierce – Saturday September 18th is Old Home Day at Presho Church from 11-4. Several participants including Stateline, Fran T., Sally Orr, Brenda Criss have helped put this together.
Al Schoonover – Have obtained signatures on a petition but first want to say that the condition of Griswold Rd. is poor and the Town is losing a $23000 investment. With $100k in CHIPS money for 2010 could we see Griswold Rd saved before frost?

Also, the petition states “We the undersigned citizens of the Town of Lindley are in favor of and request the Lindley Town Board to put the following question on the next general election ballet: Should the office of “Superintendent of Highway” be an appointed position by the Town Council?”. Town Clerk received the 4 pages of signatures and will place them on file.

Al S. – would like a verbal affirmation from the Board members that next January, if Dick J. is interested in the appointment of Highway Superintendent, that they would appoint him. Gerry Simcoe – yes, Lloyd DeMun. – yes, Paul Stermer – yes, Richard Biggio – abstained.

Frank Hall – Why are some roads oiled and some not?
Dick Johnson – Trying to decrease costs to taxpayers. Will try to do main routes now with what we have budgeted.
Richard Biggio – Trying to expand original contract with Delta to include all roads. This would allow Town to figure costs for upgrades/repairs. We encourage residents to come to meetings to understand costs and budget.
Kitty Pierce – If people slowdown, dust would be more controllable.
Dick Pierce – used to use motor oil but illegal now. Dust is a safety issue now. When buses go by you can’t see.
Gerry Simcoe – State won’t change or enforce a decreased speed limit.

Old Business

Executive Session at 8:00 pm to discuss Library Funding, Union Negotiations, and Auditing requirements.
Return to Regular Meeting at 8:20 pm.

• Regarding the Library Funding: Gerry Simcoe made the following motion: The Town Board agrees to provide the Library with $1000 per year contingent upon the Town of Lindley’s budget constraints, and furthermore reserves the right to increase or reduce this amount at the Town of Lindley Board’s discretion for the years 2011 through 2015. Lloyd DeMun, seconded, roll – all present agreed.
Motion Carried
• Regarding Union Negotiations: Negotiations are ongoing.

New Business
• Folding chairs surplus – these chairs are no longer needed. They are public property and could be auctioned off with sealed bids. They will be placed in the shed for the time being. Dick Pierce suggested auctioning off at a future Old Home Day event.
• Al Schoonover – trust that you will act on the petition in a timely manner.
• Dog Licensing – Responsibilities for all dog licensing is falling to the Town.
 Town Board is required to pass a resolution and local law regarding licensing, dog population control, rabies clinic. Must be in place by January 1, 2011.
 Al Schoonover suggested the town combine with other towns to save on materials and order in bulk.
 Chemung County SPCA is now Lindley’s contracted dog shelter. Dave Edmister is no longer the dog control officer. Richard Biggio stated there has yet to be a response from Scott Mazzo, the Steuben County Animal Cruelty officer regarding an abandoned dog at the Fire Hall.
 Cost for license tags is approximately $70 for 600. Richard Biggio will gather a packet for review to implement new law.
 Kathy Biggio indicated there are 181 dogs licensed in Lindley. Chemung CO. SPCA will do follow-up after initial renewal as part of contract.
 Gerry Simcoe suggested a dog census in the future.

• Justice Audit – Last one done was August 26th 2009. A resolution needs to be passed and forwarded to Ann Pfau.
• Banking – Kathy Biggio indicated she was planning to switch from Community Bank NA to Chemung Canal due to repetitive issues with Community Bank NA. Gerry Simcoe made the motion to discontinue using Community Bank NA and to move the Finance Officer’s banking to Chemung Canal effective immediately. Paul Stermer seconded. Roll – all present agreed.
Motion Carried
• Dale A. Salisbury commented he didn’t understand the need to go into executive session for library vote.

Bills

Bills were reviewed. Gerry S. made the motion to pay the bills, seconded by Lloyd DeMun Roll – all present agreed.
Motion Carried

Motion to adjourn the meeting made by Gerry Simcoe, seconded by Lloyd D. Roll – all present agreed. Meeting adjourned at 9:28 pm.
Motion Carried

Respectfully submitted,
Pam Clarkson Smith
Lindley Deputy Town Clerk

Dog Control Changes

2010-09-01T09:03:00.001-05:00

Town of Lindley Dog Control Changes

Effective September 1, 2010 the Chemung County Humane Society & SPCA, Inc. has assumed Dog Control services for the Town of Lindley, NY. Any dog control issues (nuisance dogs, strays, dog bites, etc) should be directed to them.

Contact information –

Chemung County Humane Society & SPCA, Inc.
2435 State Route 352
Elmira, NY 14903
(607) 732-1827 (phone)
607-732-6351 (fax)

At this time, all animal cruelty issues should still be directed to the Steuben County Humane officer- Scott Mazzo phone# 607-776-4682. We are currently reviewing the laws regarding handling of humane and cruelty issues to determine if Chemung County Humane Society can legally handle them as well and will advise further if there is any change.

In addition, there are several changes that will be taking place in 2011 regarding licensing of dogs for all municipalities in New York State. Once we have completed a review of those changes, residents will be notified of how those changes affect our town.

By order of Richard Biggio
Lindley Town Supervisor
September 1, 2010

Town Clerk Office Closed Tuesday August 31st

2010-08-26T13:19:00.001-05:00

The Lindley Town Clerk's office will be closed Tuesday, August 31st, but will re-open Wednesday, September 1st.

Audit Meeting Minutes 8/18/2010

2010-08-25T08:33:00.001-05:00

The Lindley Town Audit Workshop was held on August 18th, 2010
Official Copy held at the Town Clerk’s Office

Present:
Richard Biggio - Town Supervisor
Gerry Simcoe – Councilman
Lloyd DeMun, II – Councilman
Paul Mortzheim – Councilman

Absent:
Paul Stermer – Councilman

Meeting called to order at 7:15 pm. Pledge to Flag completed.

Announcements

• Road Closing: Between CR 106 and CR 116 (River Rd and Church Crk) on September 1st and Sept 2nd.
• Don Sweezy: Indicated in call with Richard B. that rustification of bridgework was cost prohibitive, but we may be able to expect a sign that indicates Town of Lindley. No word yet on the Box Culvert issue.
• Kuhl Rd Bridge: this is considered a temporary bridge and the state plans to remove it in 2014. Richard B. will talk to Vince Spagnoletti.
• H.S.A: Kyle Kollhoff provided information, which will be placed in Councilman boxes for review.
• Delta and road costs: Delta will meet with Dick Johnson to determine road costs based on Dick’s costs re:materials and equipment. Richard B. will speak with Legal as well. Discussion: Paul M. indicated that the estimates may be on the conservative side and would like an unbiased opinion. Richard B. stated that the costs will need to be market value for the contract.
• Letter from Ann Pfau, Justice Department: Copy of the Town Resolution of the annual audit of Justice Financials has been completed. Richard B. will call for clarification. Gerry S. thought the audits were to be done monthly or quarterly.

Old Business

Board entered an Executive Session at 7:30 pm to discuss Library funding. Board returned to regular meeting at 7:38pm.

Discussion of frequency of Justice Books auditing. Richard B. will contact Legal Counsel to see what is sufficient for Town Board requirements.

Audit

Motion to accept Finance Director’s records for May and June 2010 made by Gerry S. Seconded by Lloyd DeMun Roll – all present agreed.
Motion Carried

Motion to adjourn the meeting made by Paul S, seconded by Lloyd D. Roll – all present agreed.

Meeting Adjourned.

Respectfully submitted,
Megan Thistle
Lindley Town Clerk

Addition to Town Clerk Office Hours

2010-08-19T16:00:00.002-05:00

Starting August 28th, the Lindley Town Clerk's office will once again be open on Saturdays from 9:00am to 12noon during the months of August and September. This will better accommodate Hunting License Season. Normal Town Clerk Hours will remain, with Saturday Hours during Tax and Hunting Seasons:

Normal Hours:
Mon 9am - 1pm
Tues 9am - 1pm
Wed 9am - 1pm
Thurs 2pm-6pm

Saturdays:
OPEN - January thru March from 9am - 12 (Tax season)
CLOSED - April thru July
OPEN - August thru September from 9am - 12 (Hunting season)
CLOSED - October thru December

Planning Board Meeting Minutes August 16, 2010

2010-08-19T13:10:00.002-05:00

Lindley Town Planning Board
August 16, 2010

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

Minutes of the July 29, 2010 meeting were read. A Motion to accept the minutes as read was made by Earl, seconded by Fran W. and passed unanimously.

Fran W. asked if the Hawbaker trailer question was ever resolved? Dave said he is working on it.

Steve Ritter of the ZBA presented an application from Peggy Clark, 9603 Tannery Creek Road to place a three-car garage at the back of her nonconforming lot which would be 10 feet from the property line. The Board determined that the 10' setbacks are in compliance because the lot is a grandfathered undersized lot with setback requirements defined in Section 10.0.6 Existing Undersized Lots, #B4. The Board estimated the buildings' total square footage and calculated that adding the proposed building would exceed the 10% maximum density (about 16%). The non-compliance to the density schedule requires a variance. The Board is concerned with the ability of emergency vehicles to reach the new building which would be behind the existing house and garage. Otherwise, the Board is not concerned with the application since it is compatible with the neighboring area.

Catherine Pierce announced that Thursday, Aug. 19, 7:00 pm at the Lindley Town Hall will be an Old Home Days Planning meeting scheduled for Sept. 18, 11:00 – 4:00pm at the Lindley-Presho Methodist Church. Everyone is welcome to attend.

Discussion began on the last sections of the Comprehensive Plan (26-32). Dave is still working on a CUP check list. Kitty asked if the three new access roads, Stermer, Sawyer, and Mersereau, might be a chance for more development within the Town? The current Comprehensive Plan includes a map showing vacant lots under 2 acres. The current Plan states Conditional uses are not allowed for undersized lots so a single wide cannot currently be placed on an undersized lot. Mary asked if the Board should reconsider or enforce? Board suggested this question needs to be discussed. Regarding the section on Visual Assessment,“How far does the Town need to go?” The final section on Wet Lands is defined by other agencies but is reflected in the Lindley Zoning Law.

Mary stated the Board must now act on what was done. Mary's summary of the review up until tonight's portion was distributed to Board members who were asked to read it through for completeness. There are a number of things the Board will do with this information: make recommendations on updating the Comprehensive Plan, have the attorney review questionable sections, determine what changes may be needed to the Zoning Law and evaluate if re-zoning is needed.

A Motion to adjourn was made by Earl, seconded by Fran W. and unanimously passed at 7:45 pm.

Respectfully submitted,
Janice Oberlander
Recording Clerk

Town Board Meeting August 11, 2010

2010-08-17T09:42:00.003-05:00

Official Minutes held at Town Clerk’s Office

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

Attached:
Agenda
Attendance list

• Meeting was called to order by Richard Biggio at @ 7:00pm.
• Pledge to the flag completed.
• Reports were received from Supervisor, Code Enforcement Officer, Town Clerk, Justice, and Town Historian.
• Minutes of the July meetings were approved with corrections.

Announcements:
1. There is a building code effectiveness workshop on the 19th at 9:30. Board members are welcome to attend. Dave Fuller and Richard B. will be meeting with the trainer.
2. The Town of Barker sent their resolution to accept the Marcellus Shale drilling and asks that the Town of Lindley do the same. No discussion of this issue will occur tonight.
3. The County is offering a 1st Aid Training on August 24th from 8 am -1 pm in the legal chambers. Cost is $30/person. Richard B will encourage Dick Johnson to send some of his workers.
4. Lindley received a rabies report - The Pleasant Valley Trailer Park in Lindley had a suspect animal but it turned out not to have rabies.
5. NYS Real Property Tax Service has reported that the Lindley tax equalization rate is 3.45% as reported by Brian Moon.
6. Sprague Insurance expects to send a return installment of approximately $900 to the Town in the near future.
7. Fortuna Energy and Corning Natural Gas has announced a joint petition to continue pipeline construction in Caton.

Public Comments:
Fran Woodring – how will the Board’s decision to not support the Library affect Lindley residents’ use of the library. Richard B. indicated that only the Library’s first offer was rejected. Discussion of when the current contract ends and the fact that the Board has determined to give the Library a donation. Board will enter another executive session when the next library offer comes through.
Dick Pierce – Took a drive along Griswold Road and thought he’d died and gone to heaven, it’s condition was so much better than Steamtown. There was no dust, and while it was patched in places, it was macadam. Asked about funds Dick J. was provided with to control dust and stated that the dust problem has been getting worse each year for the past three years. What happened to the $20 thousand? Was that used on the grader or is it still in the bank? Paul M. responded and said that the original $40 thousand was decreased by half, and was enough if used efficiently and appropriately. The other $20 thousand does not roll over to the next year but gets absorbed into the budget. Richard B. said this will all be reviewed during the budgeting process. Richard B indicated Dick J. thought he could get farther with the $20 thousand by using calcium and water.
Dick Pierce – indicated that most roads are paved about 2½ miles from the corner off River Rd. There is now more traffic and more houses, increasing the dust problem. Lloyd stated that his response from Dick J. in the past was that Dick J “will do what he has the money to do.” Various comments and discussion about rural lifestyle on dirt roads, possibly fighting a losing battle in trying to get roads less dusty, discussion about how calcium dust is worse than road dust. Comments about Johnson Rd, a seasonal road, being in very good condition and questioning why so much work was being done there. Richard B. reiterated that this will be thoroughly discussed and reviewed during budget time.
Al Schoonover – opened discussion about perhaps making the highway superintendent position an appointed position. Discussion about what this would entail (public referendum), and past failed attempts to make this happen. Process of getting this option on the ballot this November – a petition put together by interested community members, signatures, and then presented to the Board so the Board can then determine it should go on the ballot.
Kitty Pierce – asked if this discussion should be happening with Dick J. present.
Dick Pierce – if the Highway Superintendent is appointed, would he be required to be at the Board meetings? What about the Assessors?
Rebecca Cleveland – asked about getting a Children at Play sign on Ryers Creek Rd…. many children among the first 7 houses. Richard B. said he would speak to Dick J. about getting a sign up.
Don Sweezy, NYS DOT – changing a speed limit on a road requires a radar speed study. Gerry S. indicated there is a also a safety issue on County Rte 115 to Lindley Rd where the road drops and creates a blind spot.
Kitty Pierce – There is an event on Saturday at Denison Park from 10 – 6 to honor Veterans. And on August 19th there will be a planning meeting for Old Homes Day at 7pm. We need volunteers. Old Homes Day is on Saturday, September 18th from 10 to 4.
Don Sweezy, NYS DOT – regarding the work being done on the highway. Some design changes discussed regarding bridges that will be put in during 2012. Stermer Road, Stowell Road, and Morgan Creek Rd. Richard B. asked for clarification on types of materials to be used, and beautification of the highway. Don will get back to Richard within the next 7 days.
Gerry Simcoe – what about the Lindley Rd. bridge? Bob Nichols indicated this is a permanent bridge… the County is responsible for the structure, the Town is responsible for the deck and guardrails. Don Sweezy will look into this further and get back to Richard B by next meeting.
Paul Stermer – plans for bridge bids? Don S. indicated bids would be accepted in 2012 or 2013. The Presho connect will be partially opening 2013, completed in 2014.
Bob Nichols – saved $300 thousand in payroll and there is a current debate on whether to keep the attorney at this time. There is a conflict of interest.

Old Business
1. The Dog Control options discussed – rabies clinic can still be done. Refer to July 14th 2010 notes. Town Attorney will now need to contact the FLSPCA. Motion to approve contracting with Chemung County SPCA, timing based on contract termination with FLSPCA, made by Gerry Simcoe. Paul Mortzheim seconded. Roll – all approved. Motion Carried

New Business
1. Delta Engineers has been working on examining a representative sample of the Lindley roads. Dick J. is to review these locations and confer with Delta. Then they will start reviewing road conditions. This is to set a price tag on damages that may occur due to any trucking for gas drilling operations. Roads will be prioritized. Discussion about whether they considered the roads that would most likely be used to access gas wells. Confirmation that Richard B will get a copy of the conversation results between Dick J. and Delta.
2. Union Negotiations – Richard received a letter from the Teamsters Union that the contract ends in December, 2010. Richard will request that Legal Counsel will negotiate with the Teamster’s Union, with Board input. Richard will contact Davidson and O’Mara and have the information for next week.
3. Phone Carrier – Megan T. and Kathy B reviewed three plans – Currently use Verizon. Reviewed plans offered by Vonage and Time Warner. Time Warner offers the best plan and can still used same numbers. Kathy will purchase switch boxes that will allow two lines to serve as both fax and phone. Motion to change phone service provider to Time Warner made by Paul Stermer. Seconded by Lloyd DeMun. Roll – all agreed. Motion Carried
4. Steuben County Self-Insurance Plan – asking Town if the Town would prefer to collect plan money or if the Town would prefer the fee be placed on the Property Tax. Board members agreed it should be a Town duty to collect $$ for the Self-Insurance plan.
5. Municipal Water Well – Richard B. suggested the Board consider putting in a municipal water well. There is money to be made from selling water and would help the Fire Department and so forth. Richard will look into it further if there is interest. Discussion about where it might be located in a way that would minimally impact roads, perhaps on Town Hall property.

Town Board entered an Executive Session at 9:20 to discuss Library funding, and a recent phone call. Town Board returned to regular session at 9:41 pm.

Bills

Bills were reviewed. Gerry S. made the motion to pay the bills with one exception, seconded by Paul S. Roll – all agreed. Motion Carried

Motion to adjourn the meeting made by Paul M., seconded by Lloyd D. Roll – all agreed. Motion Carried

Respectfully submitted,
Megan Thistle
Lindley Town Clerk