Lindley Public Hearing and Town Board Meeting 5/13/15

Lindley Regular Town Board Meeting Lindley Town Hall, 637 us is Lindley, New York 14858 May 13th, 2015 DRAFT Official minutes held at the Town Clerk's Office

TOWN BOARD MEMBERS PRESENT: Jerry Simcoe - Town Supervisor David Ballard-Deputy Town Supervisor Pat Clark Ron Mosher Ben Snyder Meeting was called to order by Gerald Simcoe at 7:00 pm with the Pledge to the Flag. 7:05 pm Gerald Simcoe opened the Public Hearing for Proposed Local Law #1 of 2015, "Town Constable" as duly advertised in the Town's appointed legal paper, The Leader, on April 18th, 2015 and April 25th 2015 as attached. Notice was also placed on the building, and the website. The Proposed Local Law was also included on the website. The floor was opened to public comments and questions. Donny Peterson: How will this be paid? Gerald Simcoe: this comes out of the Justice Contractual. Dave Ballard: the State dictates that in order to have a Bailiff, the Tow p must create a position of Constable. This will not be a town police, however if we ever wanted to we could do more, such as serve summons. Jerry Simcoe: Bailiff will work one or two times per month for about 3 hours. Jerry Simcoe asked if there were other questions from Public or Board. No more comments made. Dave Ballard made the motion to adopt Local Law #1, of 2015, Town Constable. Second by Ben Snyder. Roll: Ben Snyder: Yes; Pat Clark: Yes; Jerry Simcoe: Yes; Dave Ballard: Yes; Ron Mosher: Yes. Local Law #1, 2015 Adopted (Attached) 7:10 pm Jerry Simcoe, Town Supervisor, closed the Public Hearing and opened the Regular Town Board Meeting.

ANNOUNCEMENTS: • Michael Clark, youth resident, is working on attaining the rank of Eagle Scout. He is organizing a group to paint the Lindley-Presho Fire Department Building on May 30th from 12:00 —5:00pm Everyone is welcome to come join in. Light refreshments will be served. • Armed Forces Day is Sunday, May l7 th from 2:00 - 4:00 pm at the Town Hall. The Tioga Honor guard and Woodhull Band will be present. Refreshments will be served.

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Lindley Public Hearing and Town Board Meeting 5/13/15

MINUTES: • Motion to accept minutes of April 8th with corrections made by Pat Clark. Second by Ron Mosher. Roll - all in favor. Motion Carried • Motion to accept minutes of April 15th as read made by Jerry Simcoe, second by Ben Snyder. Roll all in favor. Motion carried • Motion to accept minutes of April 22nd as read made by Ron Mosher, second by Dave Ballard. Roll all in favor. Motion carried NEW BUSINESS: Ambit Ener gy : Representatives of Ambit Energy, Vaughn and Joyce Vanskiver, presented the supply savings of energy costs. Handout provided. For more information please see the Town Clerk. Sp ra g ue Insurance: John Kuehn, Sprague Insurance, presented the new NYMIR insurance coverage for the year. He strongly recommended obtaining cyber security coverage. Town has 60 days to review. Hi g hwa y Expense Form: To be kept on file at the County level. Board reviewed and Clerk will send original to County. Kitty Pierce. Historian: requested a form be completed for the Palmercy Foundation for a historic marker for Lindsley Burial Ground. Jerry will complete application.. Hi ghway Pickup Truck: Marc Stocum had looked into State Bid for a replacement pickup truck. Mini bid for a Chevy. Silverado Crew cab came in at $36,355.17. This is within budgeted amount. Dave Ballard made the motion to accept bid. Pat Clark second. Roll - all in favor. Motion Accepted OLD BUSINESS Custodian: Town resident, Kayla, applied and spoke with Town Board about qualifications and questions. Board will talk with another person as well and then make a decision. Logging/Harvesting Law: Town Board will review this at the Audit Meeting on May 20". Town Hall Security: Town Board continues to review strategies for improving security at the Town Hall. This included looking into a Fire Quote received earlier in the year. Additional review will occur. Discussion about potential grant funding through the Court. Woodhull Community Band, Armed Forces Day: Board will Iqok into how to provide funds. Dave Ballard reminded Board that other expenses may be presented to Board soon - Road Committee, Old Homes Day. Burned Peterbilt Truck Bid: Jerry Simcoe opened sole bid. Valley Fabrication bid for $12,800. Original equipment and met all specifications. Motion to accept this bid made by Jerry Simcoe. Second by Dave Ballard. Roll - all in favor. www.lindleytown.blogspot.com

Lindley Public Hearing and Town Board Meeting 5/13/15

Motion Carried Tuscarora Pi p eline U p date: Waiting to hear from lawyer on Road Bond. Escrow is complete and covers $20,000. Inmates to work: Waiting to hear back on application for painting Highway Garage. Fairview Cemetery Regulations: Jerry will check with Earl Titus about what Presho does regarding winter burials. Lindley -Kuhl Road Guardrails: Jerry read a document for internal records in the Town Clerk office. See the Town Clerk for more information.

TRANSFERS: From: A1990.4 Contingency $5,742.50 To: A1421.4 Pipeline legal expenses (Delta Eng. work and brine). Motion to approve this transfer made by Jerry Simcoe. Second by Dave Ballard. Roll, all in favor. Motion Carried. Two additional transfers needed clarification. Jerry will ask bookkeeper, Kathy Biggio BILLS Bills reviewed. Motion to pay the bills made by Dave Ballard. Second by Ben Snyder. Roll, all in favor. Motion carried 10:15pm Motion to adjourn made by Pat Clark. Second by Dave Ballard. Roll - all in favor. Carried Respectfully Submitted, Megan Thistle Lindley Town Clerk

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Re: Lindley Local Law Public Hearing Notice

Subject: Re: Lindley Local Law Pubic Hearing Notice From: 'Delonenso, Joni'
On Wed, Apr 15, 2015 at 8:44 PM, Megan Thistle c!hyilestcQijry,rcorn> wrote: Hello, could this be polled one time for two consecutive weeks if possible? (Affidavit from Leader please, Joti). Thank ytu much, Megan PLEASE TAKE NOTICE that the Lindley Town Board will hold a Public Hearing on proposed Local Law aloe 2015, "Lindley Conslable", on Wednesday, May 13th, 2015 at 7:00pm. The proposed local law will establish a Conslable position that allows for a Count Bailiff, All interested parties are requested to attend and be heard. Copies of the proposed Local Law is available for inspection at the Lindley Town Clenac's Office, 637 us is, POSose2, Llndley NY 14858 and one hewebs ite at ws'tvo.liscii ttwo:hlt'opCit.tcooi. The Town Board may vote on this matter after all parties have been heard, The Regular Town Board Meeting will follow the Public Hearing. By order of the Lindley Town Supervisor Gerald Sincoe 4/15/15 607'S23'8816

Megan Thistle Lindley Tones Clerk S31 UI IS, P0 80° 62 Lindley, NV 14858 Ph/ p at: tO?'yJi'.Onls Office Hours: Monday, Tuesday, hlednesday n:ee ' 1 S Thursday 2,69 - 6:60 Saturday warning: )aeaary . North; & September statesent of confidentiality This electronic message nay certain privileged or confidential information. If you are not the intended recipient of this a mno1, please delete it from your system and adobe the sender.

Thai nay ronlie ceeninnsal anile, peioile9ed ioloer-.nbw. If you are one the intended recifent on a,atlosdzed On nowion this for the intended oadyiert. you trust one use. Copy ottdesa or take any actor based on Shin w.saane as any innarrnanw hares It ow ha'ua reeeiaed nan nentagn in erssr, it cities the unende, innedetely ly seothng n refn neal I and mode this nnssaon Thank yet Ion you, cosynsalion

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5/19/2015 3:26 PM

Lindley Town Hall

637 us is p o Box 62 Lindley, NY 14858 Phone/Fax: 607-523-8816 IindJeytown.blogspot.com

Town of Lindley, New York Local Law # _1_____ of the year 2015 Be it enacted by the Town Board of the Town of Lindley as follows: Purpose The purpose of this Chapter is to establish the Town of Lindley as a constabulary and to create the Office of Town Constable as authorized by Section 2.10 of the Criminal Procedure Law of the State of New York and Section 20, subdivision 1 of the Town Law of the State of New York, to perform such duties at the direction and coordination between the Town Supervisor, Town Board and Justice of the Peace for the Justice Court of the Town of Lindley as allowed by the laws of the State of New York. 2. Persons Designated as Peace Officers Notwithstanding the provisions of any general, special, or local law or charter to the contrary, only the following persons shall have the power of and shall be peace officers and must be an elector of the County of Steuben: a. The Town Constable - shall be a Constable, Peace Officer, or Police Constable of a Town, providing such designation is not inconsistent with local law and the office of the Town Constable shall be an appointed person;

b. Upon appointment of a Constable, or any Peace Officer, the Town must provide name, date of birth, rank or title, official station, and whether he or she is employed full-time or part-time to the

New York State Division of Criminal Justice Services, Albany, New York, pursuant to Executive Law § 845 on a semi-annual basis (January and July). 3. Powers and Duties a. The powers and duties of a Town Constable/Peace Officer are derived from two sources: Town Law, Section 39, and Criminal Procedure Law, Section 2.20 of the State of New York.

b. Town Constable shall have the following powers: I. At the coordination between the Town Supervisor, Town Board and Justice of the Peace, appear in Town Justice Court to keep order. This will include monitoring the Weapon Screening Program and security of the Courts; ii. Serve civil, legal, and criminal papers, including subpoenas or orders on behalf of the coordination between the Town Supervisor, Town Board, and Town Justices; iii. At the direction of the Town Supervisor or Town Board, maintain order at Town Board meetings and additional Town functions as needed; iv. Perform or assist with required or security functions at the Town Hall, including building security, and perform other duties as coordinated between the Town Supervisor, Town Board and Justice of the Peace as allowable by law; c. For the purposes of this section, a Peace Officer ("Town Constable") acts pursuant to the specialized nature of his/her special duties when performing the duties of his/her office, pursuant to the specialized nature of his/her employment, whereby he/she is required or authorized to enforce any general, special, or Local Law or Charter, rule, regulation, judgment, or order.

d. Town Constable/Peace Officer may not execute search warrants or warrants of arrest; and

e. Town Constable/Peace Officer, pursuant to Criminal Procedure Law Section 2.20, with the exception of certain arrests, and the prevention of escapes, may exercise such Town Constable's/Peace Officer's powers only while engaged in the duties set forth in this Chapter. 4.

Qualifications The minimum qualification for the position of a Town Constable/Peace Officer shall be a high school

diploma and a minimum of three (3) years full- or part-time police or peace officer experience. He/She shall have a valid New York State driver's license and pistol permit and a DCJS certified basic police officer or peace officer courses. 5.

Trainins Town Constable/Peace Officer must be trained in accordance with Section 2.3 of the Criminal Procedure

Law of the State of New York. 6.

Severability If any paragraph, section, sentence, or portion of a sentence of this Chapter shall be found and

determined to be invalid, unlawful, and/or unconstitutional, such determination shall not invalidate or void any other paragraph, section, sentence, or portion thereof, and such other parts thereof shall remain in full force and effect unless and until legally revoked, modified, and/or amended. 7.

When Effective This Chapter shall take effect upon filing of the Office of Secretary of State.

Motion to adopt Local Law #1, 2015 made May 13th, 2015 made by Board Member Dave Ballard. Second made by Board Member Ben Snyder. Roll of Board Members: Gerald Simcoe: Yes Dave Ballard: Yes Pat Clark: Yes Ron Mosher: Yes Ben Snyder: Yes Local Law #1,2015 Adopted May 13th, 2015 3

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