April 14, 2010 Work Session 6:30 PM

Present were Supervisor Grant, Council Members Frounick, Mohun, George and Gadd, also Superintendent Jensen. Zoning Officer Kelly called in to discuss the Savaglia Special Permit application. Board Members audited the Highway, General Fund and Special District claims.

April 14, 2010 Bid Opening 6:30 PM

Highway Superintendent Jensen opened the bids on new truck chassis & cab which are as follows:

Beam Mack $130,974

Hunter Buffalo Peterbilt 128,408

Kenworth of Buffalo 122,778 Paccar 2010 MX engine with SCR

115,964 2007 Cummings Engine

April 14, 2010 Regular Meeting 7:30 PM

Supervisor Grant declared the meeting open and asked Councilman Frounick to lead the pledge to the flag. Present were Council Members Gadd, Frounick, Mohun and George, also Superintendent Jensen.

Supervisor Grant opened the public hearings; #1 – To consider a Special Use Permit application submitted by Josephine Savaglia and #2 – Consider Local Law B – 2010.

Minutes of the March meeting – Supervisor Grant asked if any corrections or amendments. Councilman George asked what the request for freedom of information was for in the Correspondence. Supervisor Grant stated Feher Rubbish Removal was looking for the wages and benefits the town pays contractors and the wages paid to employees and whether they were the prevailing wage.

Mr. George also questioned the dates of the gun raffle for the Cowlesville & Harris Corners Fire Co. That should be corrected that the Harris Corners Fire co. did hold a gun raffle on April 10^th. Cowlesville holds theirs later in the year. There being no further corrections, a motion was made by George/Mohun to approve the minutes as amended. Voting all ayes, carried.

General Fund claims #79 – 113 totaling $14,468.64 submitted. Motion made by Mohun/Frounick to approve the General Fund claims submitted. Voting all ayes, carried.

Highway claims #61 – 93 totaling $44,614.28 presented. Motion made by Gadd/George to approve the Highway claims submitted. Voting all ayes, carried.

Special District claims: Cowlesville Lighting District claim #4 - $161.00 and Cowlesville Water District claims #14 -19 totaling $1904.67 presented. Motion made by George/Frounick to approve the Special District claims, voting all ayes, carried.

Supervisor Grant asked for approval to execute the contract with Williamson Law Book Company for Annual Software Support for Payroll. Motion so made by Mohun/George to authorize the supervisor to execute the contract, voting all ayes, carried.

Correspondence: Notice received of the Spring 2010 Regional Local Government Workshop scheduled for Friday, May 14^th in Pittsford.

Notice from the Town of Alden re: Local Law #1/2010, Vehicle traffic on Clearvue Drive.

Letter from Folsom Trailblazers Snowmobile Club thanking landowners for allowing them the privilege of using their land.

Schedule of the 2010 anti-rabies vaccination clinics received from the Wyoming County Health Department.

Notice of the 17^th Annual Local Government Conference scheduled for May 5^th at Houghton College.

Notice of the Free Household Hazardous Waste/Pharmaceutical Collection scheduled for May 15^th in Batavia. Appointment required.

Certificate of insurance naming the Town of Bennington as additional insured on their Liability and Workers’ Comp. policies received from James Hojnowski Transport.

Certificate of insurance naming the Town of Bennington as additional insured received from Eugene Jawrowski Contracting.

Letter from Neil & Strong, Attorneys re: Marilla’s Local Law #2 (temporary storage units and temporary accessory Structures.)

Monthly reports from the Zoning Officer and Town Clerk.

Supervisor Grant received correspondence from: Attica Central School requesting permission the use of the Town Hall on May 4^th and May 18^th.

Letter from Charfield Engineers RE: the Clinton Street Meter Vault, Letters going to the Dept. of Transportation (getting permission for utility work); Erie County Water Authority; Wyoming County Dept. of Health, Naussbaum & Clark (Engineers for the Town of Marilla).

Notice of Seminars, Western Region – Spring-Summer from the NYS Office of Government Finance Officers Assoc. scheduled for May 15^th.

Wyoming County Chamber of Commerce – Community round table April 30^th.

Wyo. County Business Education Council – Annual Spring Breakfast Meeting May 7^th.

Note from the Tn. Of Bennington, Senior Citizens read, thanking the town for the monetary support.

State comptroller is holding a local government Leadership institute in Buffalo.

Questionaire received from the Wyo. Co. Dept. of Health re: Municipal Summer Recreation Programs.

10^th annual town finance school scheduled for May 5^th – 7^th in Rochester.

Erie County Water Authority 2009 Water Quality Report.

Copy of Memo to Diane Savakinas (Water Systems Operator) from Wyoming Co. Health Dept. re: stage 2 disinfectant by-products rural training (which is upcoming).

Special Use Permit Application submitted by Josephine Savaglia to place a mobile home on her property at 1566 Friedman Road for recreational and hunting purposes. Trailer is now at Skyline and they purchased the property for that purpose (recreational use only). Supervisor Grant asked if any comments from the floor. Jim Walker wanted to know the size and type of the trailer. Told it’s called a park model and they will be moving it in from Skyline Resort. Town has pictures, but they do not show too much. Asked if on wheels, told yes. Asked if the town allows this in zoning. Supervisor Grant stated that’s the reason they are going for a special permit because at this time under a moratorium and not allowed. Asked if it will be assessed, pay taxes on it. Told yes. Supervisor Grant said she understands that they will be applying for water and septic permit. The special permit if granted will be a one year permit, subject to renewal, will have to get permanent water & septic, town zoning calls for a minimum 950 sq. feet of living space, this unit does not meet that standard. Supervisor Grant asked if they’ve considered building a house on there. The Savaglia’s stated they were unsure, she works in Niagara Falls, far to travel. A neighbor that came with Mr. Walker was concerned because there are two trailers on that road already and their appearance is not good. Doesn’t want to look at another one. Told that this trailer will set back and no one will see it from the road. Asked if neighbors were notified, only 2 here tonight. Clerk read the names of the 12 neighbors that were notified. Councilman George informed the Savaglia’s that even if this does get approved tonight, when renewed next year, could be told to take it out, remove it. The reason is that years ago the board decided they didn’t want trailers for whatever reason and if he’s going to allow this tonight, he wants to make sure he’s allowing it for the right reasons. Councilman Frounick feels this should be a yearly renewal, if a problem, can be corrected. There being no further comments, a motion was made by Frounick/Gadd to close the public hearing. Voting all ayes, public hearing closed at 8:04 PM. 6 residents present.

Local Law B-2010- Amending the Zoning Law, Land Separation (changes in language only). Supervisor Grant asked if any comments. None. Motion made by George/Mohun to close the public hearing. Voting all ayes, carried. Public hearing closed at 8:06.

Special Use Permit – Savaglia – Supervisor Grant asked if any further comments from the board. Supervisor Grant commented that it sounds like the applicant is trying to be very reasonable with respect to the use of the property, but the fact is, it goes against our zoning and the town has had a couple of these issues come up within the last year, if this is what people want then should address our zoning and make accommodations for these type of uses. Councilman George recommended that if do that, have some provision so that they keep them in resale condition, so they don’t get run down. Councilman Frounick feels that if address them on a yearly basis, if a problem, make them remove it, that would solve some of the problem. Councilman Gadd asked who would enforce/inspect it, the zoning officer, to make sure not living it all year round and kept in good condition. Supervisor Grant recommended that if granted, they should position the trailer some place, get their electric and sewer hooked up and give some thought as to where they want to build a permanent home so that so that they won’t have to move a lot of connections etc. If someone says this is becoming a real problem, then they can move out the trailer and move in a home. Supervisor Grant asked if any further questions or comments, if not would someone like to make a motion on this application. Motion made by George to approve the special permit for one year, they would have to get sewer and water. Motion seconded by Frounick with the stipulation that the property can be inspected once or twice a year. Mr. George pointed out that this permit goes to the Savaglia’s, if they decide to sell the land, the trailer goes with them, it does NOT stay on the property, this is for seasonal use only. George, Frounick and Gadd voted aye. Supervisor Grant and Council Member Mohun voted no. Motion carried.

Local Law B-2010 - Amending language in the Land Separation Law. Supervisor Grant asked if any comments from the Board Members. Motion made by Mohun/George to approve Local Law B-2010, as amended. Voting all ayes, carried.

Supervisor Grant asked the neighbors of the Salvagia to let the board know if they have any problems. The lady that came with Mr. Walker concerned about a power source. She reported that a neighbor has a generator that she hears constantly.

Departments: Highway – Highway Superintendent Jensen asked the Board to declare the 2001 Ford F250 pick-up truck (2 wheel drive) and the “Chipmore” Brush Chipper (won’t meet the safety standards, safety bars, crash bars etc.) as surplus equipment and authorize the clerk to advertise for bids with the bid opening to be held at 6:30PM on May 12^th. Motion so made by Mohun/Frounick, voting all ayes, carried.

Mr. Jensen also asked for permission to advertise for hauling, tiling and road constructions materials (bituminous products) for 2010 with the bid opening May 12^th, 6:30 PM. Motion so made by George/Gadd, voting all ayes, carried.

Entrance door for the town highway building for the northwest corner of the building – Mr. Jensen received a price of $595 from Tozier for a new exterior steel door with wood frame, installed. Motion made by Frounick/Mohun to accept the bid of $595. Voting all ayes, carried.

Superintendent Jensen reported that the Federal Highway Administration has adopted new guidelines for street signs and the town should consider putting more money into the sign account for next year’s budget. The state has also adopted these guidelines. He feels that 95% of the signs in our town do not meet the new guidelines. All signs must meet the guidelines by 2013. Discussion held on signs. Mr. Jensen also will be talking to Co. Highway Superintendent Todd Gadd to find out if the town can “piggy back” on their sign order. The county puts in an order 2 times/year and if the town can add our order unto the county’s order, can get cheaper pricing.

Chips money – Mr. Jensen feels the chips money is still in tack with the state budget.

NIMS training – Mr. Jensen has had the 100/700 course, now need 200/300.

Bids for the truck chassis & cab opened earlier tonight. Bids were:

Beam Mack $130,974

Hunter Buffalo Peterbilt 128,408

Kenworth of Buffalo 122,778 Paccor 2010 MX engine with SCR

115,964 2007 Cummings Engine

All bids had the non-collusive bid certificate. Mr. Jensen would like to table awarding the bids, wants to see if all bids meet the specs and will come back to the board next month with a recommendation.

Councilman George asked Mr. Jensen what roads does he plan on working on. Mr. Jensen said he will be working on South Burrough (between the Sheldon Town Line and E. Bear) and Stedman Road.

Mr. Walker reported big ruts on Friedman Road, East end. Short discussion held.

Supervisor Grant received and read a letter from Clark Patterson Lee dated 4/13/10 as per the town’s request for “scope of work” so that the town could get some engineering services done to do a rural road condition assessment like what Cornell had done years ago for the town. Their response wasn’t quite what the town really wanted, they submitted a proposal for engineering services for completion of a Roadway Condition Assessment for the Town of Bennington that contained two (2) options. One for $37,375 and one for $14,625. Supervisor Grant spoke with Mr. Carpenter and was informed that they do anticipate having a couple of engineering interns in their company this Summer, so they could probably do the work cheaper per mile, using the interns like Cornell had done. Mr. Carpenter feels that if they use the interns, can start in May and have complete in August. Discussion held as to making the commitment and using the plan, follow the recommendations, maybe use as base, get some financing, some long range planning, following the recommendation as to what roads need to be improved to what levels to make them all livable for safe travel. Mr. Jensen feels the town should think about it. Council Member Mohun asked what the difference is between the two options, what does the town get. Supervisor Grant reported that Mr. Carpenter is going on vacation and when he gets back maybe she and Mr. Jensen can meet with him in Warsaw. Supervisor Grant reported the Town of Pike received a similar proposal from Clark Patterson but they are bulking at spending any dollars on it.

Zoning: Application for a solar lit sign submitted by Dave and Linda Tyczka, “Minty Wellness LLC”, 1961 Church Road. Since there is a moratorium on signs, the Town Board must act on all applications until the moratorium is off. They are within the existing town sign regulations. Motion made by George/Frounick to approve their application. Voting all ayes, carried.

Home Occupation Renewals received from: M. E. Bissell (M.E. Bissell, Attorney); Kelly Napieralski (Kellys Cakes & Goodies); Kathleen Ott (Grandma K’s Handcrafted Soaps); Cynthia Ciupek (C*Shore Design); Richard Schenkler (Ancient Future); Jay Meyers (JM Sports); Kimberly Decker (Deckers Secret Garden); Bonita Carvelle (Homespun Shoppe); Sandra Jerge (Sandy’s Cutting Corner); Edward Duda (Ed’s Woodworks) and Timothy Duda (Advanced Finishing). No Complaints on any of them. Motion made by Frounick/Gadd to approve the Home Occupation renewals, voting all ayes, carried.

Special Use permit renewal received from Richard McDonald (McDonald Bus Garage in Cowleville). No complaints. Applied for a 3 year renewal, has numerous conditions placed on his permit which he must abide by. Clerk read them. Motion made by Frounick/George to approve Mr. McDonald’s renewal for three years, voting all ayes, carried.

Councilman George stated that at one time, talked about re-zoning all of Rts. 77 and 354 business. If the town did that, would it elevate some of these special use permits. He asked board members to think about it and can talk about it at the next meeting.

Assessment: Assessor Wittmeyer had another meeting to go to.

Transfer Station – New stickers are in. Councilman Frounisk asked about charging for metal. Supervisor Grant reported that the question arose that since the town has the dumpster up there to collect metal through out the year, workers up there wanted to know if they should still be charging for appliances etc. Mr. Frounick feels the situation should be addressed. Short Discussion held.

Old Business: Senior Citizen Volunteer of the year - Supervisor Grant wanted to remind people there are forms in the office, if they know of a senior who does volunteer work, she thinks that Friday or Saturday is the cut off date.

Census: Supervisor Grant wanted to remind everyone that if they have not sent their census forms back yet, to please do, because that is how the town gets money from the state and federal governments.

New business: Re-appoint Richard McMurray to the Board of Assessment Review. Motion so made by George, seconded by Gadd, voting all ayes, carried.

Training sessions – Permission for the supervisor to attend May 5^th Southern Tier session and any ZBA/PB/ZO to be authorized to attend the Genesee Finger Lakes Regional Planning Conf. workshops. Registration for the Southern Tier work session is $40. Motion made by Frounick/Mohun to allow Supervisor Grant to attend the Southern Tier Work Session and any and or all members of the ZBA/PB or Zoning Officer to attend the GFLRPC. Voting all ayes, carried. Councilman George asked that a note be given to Planning/Zoning Board members to remind them of it, so they know the town is thinking about them.

Attica Central School request to use the town hall on May 18^th budget vote and May 4^th for a budget meeting. Motion made by Mohun/Frounick to allow Attica Central School the use of the Town Hall on May 4^th and 18^th. Fee will remain the same for use of the custodian for the voting machine. Voting all ayes, carried.

Training for Board Members on Zoning & building permit process by the County – Supervisor Grant reported that at the County Board of Supervisor’s meeting yesterday, the County Building Codes Department did a quick presentation on how they process building permits, basically starting at the town level and the all the different steps involved in it. His whole presentation is 3 hours long. Supervisor Grant asked him if he would do it here at the town and he’s willing, maybe also to break it up in 2 sessions for 1 ½ hour each for ZBA and Planning Board members as well as any of the Town Board Members.

Councilman George feels that in the note being sent to the zoning/Planning Boards, need to let them know where the zoning map is, so if they want to see, can look at it.

There being no further business, a motion was entertained by George/Mohun to enter into Executive Session to discuss the union contract. Voting all ayes, carried. Board entered into executive session at 9:21 PM. Motion made by Mohun/Gadd to come out of executive session at 9:45 PM, voting all ayes, carried. Motion made by Mohun to adjourn the meeting. Meeting adjourned at 9:45 PM.

Respectfully Submitted:

Judith Brown

Town Clerk