April 13, 2011 Work Session 6:30 PM

Supervisor Grant, along with Council Members Frounick, Mohun and Gadd audited the Highway, General Fund and Special District claims, interviewed Walter Poplienski for the Planning Board, (can’t be on the ZBA, his wife is already a member, conflict of interest). David Best, ZBA Member discussed zoning issues, Highway Superintendent Jensen discussed road matters, mainly the Road Assessment Report.

April 13, 2011 Regular Meeting 7:30 PM

Supervisor Grant called the meeting to order and asked Councilman Frounick to lead the pledge to the flag. Ms. Grant asked everyone to remain standing for a moment of silence in memory of Gary George who passed away this past weekend. Mr. George was Chairman of the Zoning Board of Appeals, his expertise will be missed, as well as his gratitude and leadership while serving on the board.

Present were Council Members Mohun, Frounick and Gadd. Councilman George excused due to the passing of his dad. Also present Highway Superintendent Jensen, Assessor Wittmeyer arrived later.

Minutes of the March meeting – Supervisor Grant asked if any corrections or amendments. Supervisor Grant reported one error under the Highway Dept. regarding dealing with the report on the road concerns, stated that it was Sen. Gallivan’s Office that was contacted for funding, not Sen. Lee’s office. There being no other corrections or amendments, a motion was made by Mohun/Frounick to approve the minutes as amended. Voting all ayes, carried.

General Fund claims #84-122 totaling $55,690.87 presented. Supervisor Grant reported the biggest share of that was the yearly premium for insurance. Motion made by Frounick/Gadd to approve the General Fund claims, voting all ayes, carried.

Highway claims #100-139 totaling $32,073.78. Motion made by Mohun/Gadd to approve the Highway claims, voting all ayes, carried.

Special District claims: Cowlesville Street Lighting claims #4-5 ($331.46) and Cowlesville Water District Claims #16-21 totaling $1,916.61 presented. Motion made by Gadd/Frounick to approve the Special District claims, voting all ayes, carried.

Supervisor’s Financial Reports – Supervisor Grant reported she doesn’t have them and asked for a motion to table until the May meeting. Motion so made by Mohun/Frounick, voting all ayes, carried.

Correspondence: Thank you note received from Pat Jasinski , Secretary of the Bennington Senior Citizens thanking the Bennington Town Board for their monetary support, their generosity and kindness shown to the Bennington Senior Club throughout the year.

Certified notice received from Minty Wellness of their intent to apply for a hotel liquor license.

Memo from the Wyo. County Dept. of Health re: comments on the proposed emergency procedures for Cowlesville.

Meeting minutes received from the Planning Board (2/16/11); Zoning Board (1/5/11) and Zoning Board (3/2/11).

Copy of check from Michael Mohun showing how much he paid for pipe for Kern Road.

Letter of resignation from Richard McMurray resigning from the Board of Assessment Review, moving out of state.

Certificate of Insurance received from Hojnowski Transport naming the Town of Bennington as additional insured on their liability policy.

Notice of the 18^th Annual Government Conference being held at Houghton College on May 11, 2011.

Notice of the “Drug Take Back” National Event being held Saturday, April 30^th from 9 AM – 2PM. In Wyoming County, they are being held at the Police Station in Arcade and at the Sheriff’s Office in Warsaw.

Notice from Genesee/Finger Lakes Regional Planning Council of their 2011 Regional Local Government Workshop being held on May 13^th in Pittsford, NY

Letter from the State of New York, Dept. of Transportation re: Route 354 Bridge over Rt. 77 – State DOT is engaged in preliminary engineering regarding the replacement of the bridge.

Monthly report from the Zoning Officer (Issued 4 zoning permits) and Town Clerk’s Monthly report.

Supervisor Grant received the 2010 Census Total Population, Housing Units, Land Area and Population Density report – Bennington has increased by 10 individuals in the past 10 years, which was one of a half dozen towns in the county that had an increase. Bennington has a population of 3,359 individuals.

Letter from the US Dept. of Commerce re: The Dept. of Commerce will be conducting a 2010 Census Count Question Resolution (CQR) program between June 1, 2011 and June 1, 1013. The County Planning Board will be working on it, purpose is to verify the individuals included in the census. Art Buckley, County Planner informed Supervisor Grant that there were apartment buildings within the county that no one had verified any census returns at all.

Membership Certificate from the Association of Towns for 2011.

Notice from the Association of Towns re: Resolution adopted at their 2011 Business Session held on February 23, 2011.

Letter from Dadd, Nelson & Wilkinson re: American Towers vs Town of Bennington.

Notice from NYS Dept. of Taxation and Finance re: Certificate of Final Special Franchise Full Values report for the Utilities in Bennington.

Notice from National Fuel Gas that they are in the process of planning their pipeline replacement projects for the upcoming year.

Genesee/Finger Lakes Regional Review report.

Minutes of the Regular Meeting of the Tonawanda Creek Watershed Committee held on Feb. 23, 2011.

Copy of letter from the Erie County Water Authority which was sent to Diane Savakinas re: the Erie County Water Authority’s 2010 Annual Water Quality report supplement which was sent to be used in preparing the Town of Bennington’s report which must be sent to all residents in the Cowlesville Water District.

Received an e-mail from Upstate New York Transplant Services inquiring if Bennington is interested in hosting a blood drive. They need 600 square feet of space inside the facility or they can use one of their moblile units outside.

Copy of the Memo that was sent to all town employees and board/committee members re: the timely submission of vouchers for payment.

Departments:

Highway - Supervisor Grant reported that on the agenda, have the Clark Patterson Lee’s Road Assessment report, also information from Cornell on the intern program for the Pavement Management Project that they have now decided to do after the town inquired about it for several years and was told they have no funding, so the town put the money into hiring engineers to do it and now they come out with it. Highway Superintendent Jensen reported that at a meeting, the State DOT on the replacement of the Clinton/77 bridge, he was informed that the tentative date is 2014 for replacing that bridge.

Mr. Jensen asked for permission to allow the clerk advertise for bids for tiling, hauling and road construction materials (bituminous products) with bid opening to be 6:30 PM, May 11^th.

Superintendent Jensen reported that at a meeting held last month in Albany, highway superintendents were informed that the CHIPS program is restored for another year at the same level as last year.

Mr. Jensen asked if anyone has thought any more on the garage doors – he got some prices earlier in the Winter, doesn’t know if they are still good or not, but will check.

Transfer Station - Computer Recycling – Mr. Jensen reported that have 3 containers of computer components that should be picked-up, asked about boxes for light bulbs. Short discussion held. Supervisor Grant had a discussion with the new representative from Waste Management, our contract expires in July, going to sit down some time in June and go over tipping fees etc. and one of the things that Ellen mentioned to her was recycling florescent bulbs. She (the rep) was going to check into it. Mr. Jensen asked if they also accept computer components. Supervisor Grant not sure, they may now do it due to the new state law. Short discussion held.

Water - Water Hydrant at #2 Bullis Road – Mr. Jensen reported that a hydrant was hit during a snow storm, he was called, looked at it, appeared OK, called the Savakinas, had them check it, nothing, but then got a call from the clerk that it had rotated when the vehicle hit it, so he re-checked and it was turned about a quarter. How it can turn and nothing happen, no water leakage etc. doesn’t understand, but now watching it. Nothing appears to be leaking externally, feels should watch and see if monthly usage goes up and something wrong internally. There is a police report on it. Supervisor Grant suggested calling the water association to see if they want to come out and take a look or if they known something where a hydrant can be twisted without any damage being done.

Park – Mr. Jensen stated he was approached by John Perl, (who is running the baseball program) about procuring 10 ton Erie clay from Lakeside Sod in Clarence for the baseball diamond. Last year went up and looked, there is a pile of it up there, feels that since this stuff is so expensive ($85 - $90/ton, twice as much as a load of blacktop) and since there is pile of it up there, just need to clean out the weeds and work it up, which is what they have done in the past. When he was on the committee, they went up with rototillers and worked it up. Mike Mohun agreed, probably 3-4 ton sitting there, he too has worked up the previous sod, base lines have grown, problem is dumping it on the grass and stripping the grass off. Mr. Jensen reported they also used sludge from Frey Sand & Gravel and feels they should use what they got and if they don’t have enough, to consider using sludge which is nothing more than the clays and the fines that are washed out of the gravel when they are making #2 stone. The clay Is used to protect the players when they slide down so they don’t get their knees and fingers banged up. Mr. Jensen also noted the sludge is brown, not red.

Kern Road speed limit sign – Superintendent Jensen reported the speed limit for Kern has been approved, signs gotten, just have to get to it sometime.

Supervisor Grant reported that County Highway Superintendent has spoken to her about speed limit signs for Cowlesville, there are no signs on Bullis, County Line or Urf coming into the hamlet. Bullis is county, but Lapp and Urf are town roads. There is nothing to stop someone coming down the Bullis Road hill doing 55 miles an hour and turn on Sargent doing 55 miles an hour. So the county is pursuing getting signs for Bullis. Supervisor Grant feels should get Urf & Lapp posted also. Mr. Jensen asked where she would want them. Michael Mohun pointed out that the NYS Codes & Regulations tells you where you can put those signs. Mr. Jensen not aware of it. Short discussion held. Mr. Mohun will get the NYS Codes & Regulations for Mr. Jensen.

Kern Road – Mohun/Blocher run off water situation. Mr. Mohun reported that he, Highway Superintendent Jensen and Wyo. Co. Water & Soil have been trying to figure out a way to stop the run off water from going East on Kern Road, they feel they have one, willing to try it. Mr. Mohun willing to pay (cost about $6000), would have to cut through Kern Road, re-route traffic if they do this. The reason for doing it this way is because Mr. Bloucher refuses to let the town go on town right of way and put a sluice pipe under a driveway (to tie it in with his daughters driveway) he has going back to his property, which would alleviate the whole water issue, (only happens a couple times a year). Long discussion held. Councilman Gadd feels should contact the town attorney and get their opinion, see what the town rights are. Mr. Gadd suggested sending a letter to Mr. Bloucher informing him that the town will be checking with the town attorney to see what the town rights are and also that Mr. Mohun is willing to pay to have the culvert installed.

Superintendent Jensen reported the town has been trying to lightly grade the roads, stated he was working on Stedman with the grader, (had guys hauling for him) and had Kenny over on North Burrough, been trying to work where they can.

Clark Patterson Lee Road Assessment Report – Supervisor Grant doesn’t know if any of the Council Members other than Joyce has looked at it, but asked that they take a look at it if they already hadn’t, feels the town should decide in the next 2 months what they want to do.

Supervisor Grant reported receiving the information from Cornell on the Pavement Management project. Thought maybe the town should look into doing it too, do up like a 5 year plan on what’s suppose to be done. This is for the student intern project, student comes in, spends the Summer here, gathering and putting the info into the computer, pay something like $11/hr., also provide them with a vehicle, they then come up with an analysis and a road plan for Bennington. Mr. Jensen reported that with the survey work done in 1997, a lot of those numbers won’t change. Basically what they would be doing is bringing the cost up to date. Short discussion held.

Zoning: Home Occupation Renewals received from: Tom Hudson (Sunset Printing); Kathleen Ott (Grandma K’s Handcrafted Soaps); Joseph Baer (Joseph Baer); Richard Schenkler (Ancient Future); Stacey Acquard (Acquard’s Dog Grooming); Diane Gutowski (Village Fabric & Craft Shop); Joseph Ciulla (Rispolis Bakery); William Rumley (Cayuga Creek Nuisance Wildlife Removal); Kimberly Decker (Deckers Secret Garden); Gary Arcese (G. Arcese Enterprise); Allen Linsey (Precision Cylinder Head); Ed Duda (Ed’s Woodworks); Cynthia Ciupek (C*Shore Design) and Timothy Duda (Advanced Finishing). Zoning Officer Kelly has reviewed them and stated she has not received any complaints on the above. Motion made by Frounick/Gadd to approve the Home Occupation renewals, voting all ayes, carried.

Special Use permit renewal received from David McCabe, applied for a three (3) year renewal for his trucking business, no complaints received. Motion made by Frounick/Mohun to approve Mr. McCabe’s renewal for three years, voting all ayes, carried.

Vacancies: Supervisor Grant asked for approval of the following: Zoning Board- Re-appoint Dave Best to another 5 year term ending 12/15, move Ryan Rupracht from the Alternate Position to fill the unexpired term of Roger Chudzik ending 12/14, appoint Al Files to fill the un-expired term of Gary George ending 12/11. Planning Board – Re-appoint Robert Gadd to another 5 year term ending 12/15. Board of Assessment Review – Just received letter of resignation from Richard McMurray who moved out of state, needed to find someone quickly, they need training before they can serve and the board meets the last week in May for Grievance Day, so Supervisor Grant contacted Sandy Jerge, she’s willing to accept, deals in real estate, also since the last training at the county was tonight, she wasn’t able to make tonight so she will have to go to Genesee County for the training if approved. Motion made by Frounick/Mohun to approve the appointments, voting all ayes, carried.

Assessment; Assessor Wittmeyer gave an update on the American Towers situation. Have been two court appearances and their attorney hasn’t show up for either one. After short discussion, decided should have our attorney ask for a dismissal.

Transfer Station – Supervisor Grant received the report of the DEC inspection. Everything OK except they want the computer recyclables stored inside to prevent any contaminated run-off. Short discussion held.

Big Trash Day – Motion made by Frounick/Mohun to schedule it for May 14^th and authorize the clerk to advertise. Voting all ayes, carried.

Supervisor Grant asked Superintendent Jensen if he ever did business with Main Tire. She was informed by the County Superintendent that they take the tires for $1.25/tire, all sizes. Pay $90/ton through Modern Disposal. Mr. Jensen will check.

Recreation Dept. – Supervisor Grant reported that she interviewed Jenna Fontaine for the Recreation Director position, runs Sheldon’s program, is interested, will be helping out with the Easter Egg Hunt this Saturday. She is willing to take on the Swim Program, Soccer and the end of the year Holiday Party. Supervisor Grant stated that the pay is $600 and Supervisor Grant suggested paying her in three increments, $200 now, $200 end of Summer and $200 end of year. Motion made by Mohun/Frounick to approve Jenna Fontaine as Bennington’s Recreation Director, voting all ayes, carried.

Supervisor Grant reported that the Easter Egg Hunt is this Saturday 11AM at the Town Park.

Old Business: Approve Agreement for the water meter vault connection with Morsch Pipeline. Supervisor Grant will be asking the Town Attorney to review the contract and in order to keep the ball rolling, if the town attorney approves the language etc. in the contract would like permission to execute the contract. Motion made by Mohun/Gadd to approve the contract with Morsch Pipeine in the amount of $50,580.99 with town attorney approval. Voting all ayes, carried.

New Business: Equal Employment Opportunity Policy – Supervisor Grant stated that the town has to have this policy in place for the grant for the park. Needs to send a copy along with the rest of the paperwork. Motion made by Gadd/Frounick to approve the policy, voting all ayes, carried.

Advertise for a Water System Operator – Supervisor Grant read the resignation letter from Gerry & Diane Savakinas effective May 2012 and asked for permission to advertise. License required, but don’t have to hire a licensed individual, if someone is willing to intern with the Savakinas’ and take the training required for the license, can do. Also the job doesn’t pay enough to have someone travel a long distance to do it. It’s daily Monday – Friday, not sure of how much time/day, thinks could be anywhere from 15 minutes in just taking the reading on Bullis to 3 hours, which would include the sampling. Short discussion held. Motion made by Mohun/Gadd to advertise, voting all ayes, carried.

Eagle Systems – Copier- Clerk received information on updating our copier, get something where we can network and scan copies for a cost of $3770. Need to get more info on the hardware required to scan documents and be able to edit them as needed ie, the towns zoning laws.

Clerk asked for permission to advertise the “Zoning Permit Required” info in the pennysaver. Board members oked. Supervisor Grant asked to have it posted on the website as well.

There being no further business, a motion was made by Mohun/Gadd to adjourn, meeting adjourned at 9:35 PM.

Respectfully submitted:

Judith Brown, Town Clerk