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Friday, March 17, 2006

Town Board Meeting-February

Town of Lindley
Town Board Meeting 2/14/2006

Meeting called to order: 7pm

Town Board members present:
Sally Orr-Town Supervisor
Paul Stermer-Councilman
Paul Mortzheim-Councilman
Gerry Simcoe-Councilman
Jacob Gross- Councilman
Dick Johnson-Highway Supt.
David Fuller-Code Enforcement
Diana L Hill- Town Clerk
Attached Attendance List
Pledge of Alliance to the Flag:


A motion to accept the minutes (with corrections) from the January 10th, 2006, Town Board meeting.
Motioned By: Paul Mortzheim 2nd by: Gerry Simcoe
Roll Call: Jake-yes, Gerry-yes, Paul M-yes, Sally-yes, Paul S-yes CARRIED



It is noted that a monthly report was received from the Town Supervisor, & Town Clerk & Highway Dept. & Code Enforcement for the month of January 2006, they are on file in the Town Clerk’s office, for your viewing.

1.) Fran Woodring & Bill Canfield: spoke on Area Wide transportation Meeting (Route 15). First off, and most important, the committee and George Winner want to get the State Dept. of Transportation to make this route 15/I99 project the top priority for the Dept. This means that not only is the state senator now committed to our route 15 conversion, but Corning Inc... In the guise of our Wide Area Transportation Committee, (Tom Tranter, who chairs the committee is Corning Inc. lead man on public relations) is now also committed to completing this project. Bill invited the Town Board members to this Meeting. Bill asked the Town board to endorse the attendance to the meeting. Lindley is important to Corning Inc. There is a copy on this report on file in the Clerk’s Office.
2.) Dick Johnson Highway Supt.: report on the CHIPS Fund: 2005 initial $66,069.35
Paid in 2005 Dec 15, -$44,000.00
Rollover Balance: $43,024.71
2006 estimated $66,069.35 + up to 3%
Available amount for CHIPS: ($109,094.06)

They will only allow the Towns to use CHIP money for 10 year projects. Dick will set projects up for next month’s meeting:
The multi model money of $25,000 is available for the Mulholland. Road.
3.) Citizen report: Gene Steinhilper: reported on Church Creek Rd. (County Route 106). They are working on the road some spots better, some spots still need work.
4.) Report from Guy Hill, Chairman of Assessors, on Fortuna Tax assessment investigation/process.
5.) Paul Mortzheim gave an update on the status of the demolition of the Old Highway Building, there is no set time for the demolition, most likely in the spring or summer, Dick will work on this, when he can, so it will not cost the Town anymore money, when we tear the shed down, it will go to the peak of the roof. So the gas pumps are still covered. The town board is here to work with Dick on this project. Kitty asked that when Dick is tearing down the building, please look for the Veteran Board.



A. (Note: Every “Business item” on the Agenda that requires the Board to “make a decision” needs a Motion, a second to debate (No second, No debate and a Majority Vote).
1.) Motion to purchase (A) Dodge Ram 2500 ¾ ton Pick-up Truck for the Lindley Highway Superintendent.
Motioned by: Paul Stermer 2nd by: Paul Mortzheim
Roll-Call: Paul S-yes, Sally-yes, Paul M-yes, Gerry-yes, Jake-yes CARRIED
The only change is the rubber mat in the bed on the truck, which is no charge.
Jake asked Dick what you are going to do with the old pick-up.
Dick: will put the truck up for Bid-will advertise in the Legal Notices-
Jake feels we should at least have the bid up to $4000.00. As last October the Town put a new transmission in the truck, the cost was about $4000.00, we will be throwing away that money. If we can’t get this amount for the Truck, we should put a gas tank in the back and let the Highway guys use the truck, until it dies. Then take it to pick a part.
(Town Board asked for a minimum Bid of $4000.00 dollars for the Truck). Jake Also wants a deadline on the sale of the Truck.
Paul Stermer: you have to wait until the new truck comes before you can do anything with the Bid.
Paul Mortzheim: comment to Jake we should use that truck as much as we can. Use until we can get the money for the truck.
Sally Orr: Dick this is your call, what to do with this truck.
Gerry: Can we make a motion without a figure?
Sally: the amount of $32,000.00 was budgeted for the vehicle.
Dick the amount of the new truck is $22,000.00.

2.) Announcement concerning Town Clerk approval to close the Town Clerk’s office: I Faxed a copy of the local Law to Kent Woloson, He said I have to keep the Town Clerk Hours: I no longer have to go to the Board for approval, to close the office, as I am elected official, I have to give notice to the Supervisor to put in the Agenda, so everyone knows when the office will be closed. Also I will put a notice on the door 14 days prior to closing the office. I have proven the last six years that I only close the Town Clerk’s office for mostly educational reasons or emergency reasons.

3.) Motion to appoint Fran Temple to the Planning Board for a 1-year Term: 2/14/2006-12/312006 to replace Jason Ballard position:
Motioned by: Sally Orr 2nd by: Gerry Simcoe
Paul S-yes, Sally-yes, Paul M-yes, Gerry-yes, Jake-yes CARRIED

4.) Motion to let Town Historian-Kitty Pierce to use the Town Hall (when Available) for Historical Presentations:
Paul Mortzheim: there shouldn’t be a need for a motion: Feels that Kitty should be able to use the Town Hall. Sally asked Kitty, why she couldn’t use the Town hall. Kitty wanted to ask first, so there weren’t any problems.
The Town Board agreed she could use the meeting room

5.) Motion to allow the Town Justice, Susan Williamee to use the Town Hall Board room for weddings.
Dee Hill: Years ago there was a motion made not to let the Town Justice use the Board room for weddings, will look up the motion for the next Town Board meeting.
Paul Stermer: it was concerning that she was being paid for the weddings.
Paul Mortzheim asked for Public comment: Bill Canfield said as long as it is a Town Function (wedding) it would be Ok.
A motion to table weddings being held in the Town Board Room until Next month’s Meeting: will look into the liabilities and will recheck past resolution.
Motioned By: Paul Stermer 2nd by: Gerry Simcoe
Paul S-yes, Sally-yes, Paul M-yes, Gerry-yes, Jake-yes CARRIED

6.) Motion to purchase an answering machine for the Town Hall:
Motioned by: Paul Mortzheim 2nd by: Gerry Simcoe
Paul S-yes, Sally-yes, Paul M-yes, Gerry-yes, Jake-yes CARRIED

6.) Motion to change Town Clerk’s two-year term to a four year term. This is a referendum action and we will need to follow procedure if motion passes in the affirmative. Will need to set a public hearing:

Motion to open discussion to change the Town Clerk’s two-year term to a four-year term:
Motioned by: Paul Mortzheim 2nd by: Paul Stermer
*A Motion to a change the Town Clerk’s Two-year term to a Four-year term.
Set a public hearing for March 14, 2006.
*Motion By: Paul Mortzheim 2nd by: Paul Stermer
*Paul S-yes, Sally-yes, Paul M-yes, Gerry-yes, Jake-yes CARRIED

Sally: decided to only vote on Town Clerk’s Term at this time. This was the motion that was on the agenda. The different terms of the other Town Officials should be tabled.

A Motion for open discussion concerning changing the Supervisor and Highway Superintendent to four-year terms:
The terms of the Town Clerk & Supervisor & Highway Supt. should be staggered, so their terms don’t end at the same time.
Paul Mortzheim made the motion to change all elected two year position to Four year terms: 2nd by: Paul Stermer
Jake-yes, Gerry-yes, Paul M-yes, Sally-yes, Paul S-yes CARRIED
Paul Stemer not comfortable with the referendum appointment of the Highway Superintendent term.
Appointment versus election of highway Superintendent to be tabled for discussion after term has been decided at public hearing.

8.) Paul Mortzheim: asked to have a copy of the Town Board Minutes sent to Kent Woloson each month.

9.) Sheriff Swan: Is there any problems in this area? Any questions? He suggested that the Town Board talk to Sheriff Tweddell about Route 15.

10.) Bob Nichols: his report is attached to minutes.

11.) Vincent Spagnoletti: we have put black fabric down on the road, they will screen clean gravel and put 8 inch, from Gene Steinhilper's to the bottom of the hill. They will take material out, so may June July it can dry out real well. 2 coats of oil & Stone will be put down. Dust control will be under control this year. Will black top in front of houses, but can’t black top the whole road.
Our Law dept. is going after the contractor.
*Scott Casterline: Thanked Vincent for what he has done so far. Water still comes throw, the fabric; will you be cleaning the stuff off to the base?
*Vincent: this road is not a passable road, there is too much clay. We are working to make it harder and more firm. We took some off this should firm the road up. The water will keep pumping through the winter, but this summer it should dry up nicely. We will put clean gravel on the road.
*Harley: yes you need clean gravel, the mud is the problem.
*Scott Drake asked if someone can check if we can have all Lindley address in Lindley.
*Harry Pierce: (Assessor) talked about re-value for the Town of Lindley.
*Richard Pierce: not in favor of re-value.

Auditing Bills

Motion to pay the bills: General Abstract # 2 42-61 $7616.09
Highway: Abstract # 2 17-38 $24,480.08
Motion by: Paul Stermer 2nd by: Paul Mortzheim
Paul S-yes, Sally-yes, Paul M-yes, Gerry-yes, Jake-yes CARRIED


Motion for Adjournment:
Motion by: Paul Stermer 2nd by: Paul Mortzheim
Paul S-yes, Sally-yes, Paul M-yes, Gerry-yes, Jake –yes CARRIED

Respectfully Submitted,
Diana L. Hill
Lindley Town Clerk


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