August 8, 2007 Work Session 6:30 PM

Present was Supervisor Grant, Councilmen George, Frounick and Fontaine, also Superintendent Jensen. Councilman Gadd absent. Board Members audited the General fund, Highway and Special District claims. They discussed the Cowlesville Water District water situation; Water District Local Law amendment; building at the town park (only one bid received) and resolution for setting a policy for alternate board members on town committees. Superintendent Jensen gave an update on the Schoellkopf Road Project.

August 8, 2007 Regular Meeting 7:30 PM

Supervisor Grant declared the meeting open and asked Councilman Frounick to lead the pledge to the flag. Present were Councilmen George, Fontaine and Frounick, also Superintendent Jensen and Assessor Wittmeyer. Councilman Gadd absent.

Supervisor Grant declared the Public Hearing open to consider a Local Law amending the Water Use Rules and Regulations for the Town of Bennington, Cowlesville Water District.

Minutes of the July 11^th regular meeting. Supervisor Grant asked if any corrections or amendments. Councilman Frounick stated that it was Councilman George and himself that went up after the meeting to look at the compactor at the transfer station, not Councilman Gadd. There being no further corrections or amendments, a motion was made by George to approve the minutes as amended, seconded by Frounick, all ayes, carried.

Correspondence: Certificate of Liability Insurance received from Huber & Huber naming the Town of Bennington as additional insurance on their policy.

Certified letter received from ABC Consulting Services notifying the town that Quiet Times Golf Course Inc. is applying to the New York State Liquor Authority for permission to make alternations to its licensed premise.

Exemption report for the Cowlesville Water District (7 residents have water leakage problems)

Monthly reports received from the assessor and town clerk.

Supervisor Grant received and read letters from Assemblyman Dan Burling, also one from the Governor Spitzer’s office in response to the town’s letter re: the town’s concerns of legislation by Albany to relieve local communities of the decision making process on wind energy.

Letter received and read from Mark Berner regarding the property he purchased at 224 Clinton Street. Supervisor Grant noted that the zoning officer is working on the matter.

Notice form Modern Recycling re: Scrap tires.

Notices (2) received from Time Warner Cable re: services that are due to expire on local networks and on changes beings made for video on demand.

Notification from the State Board of Real Property Tax Services that they established the equalization rate for the Town of Bennington at 52%.

Supervisor Grant read letter from NYS DOT Region 4 in Rochester in response to the town’s recent letter re: Construction at the intersection of RTS. 354 & 77 and the town’s safety concerns.

Packet from Deval and Associates, Counselors at Law re: wireless facility questions relating to the tower on the Ripstein property requesting zoning info for collocation. Zoning officer and town clerk are working on this.

Departments: Water- Jason Foote, Engineer from Chatfield Engineers was present to address the fire flow problem. Mr. Foote has a letter and a profile report of the water monitoring level in Marilla’a storage tank from Chatfied Engineers which he reviewed with the Town Board. They feel the problem lies with the Erie County Water Authority for not maintaining the highest possible water elevation throughout the day in the storage tank. Report shows that the ECWA is filling the tank at night hours only and letting the water level drop during the day. Mr. Foote would like to set up a meeting with the ECWA Authority and the Bennington Town Board next week to get this matter resolved, feels Bennington is not getting what it paid for. Supervisor Grant has discussed the matter with the town attorney and he would also like to be present at this meeting, also suggested to notify Marilla’s Supervisor John Foss. Jerry Savakinas feels it a health issue when drain the water lines down that low, if get air in the lines, then bacteria forms. Discussion held.

Diane Savakinas asked about Hypo-chlorination and where is should be added, no manuals. Jason stated that any chlorine boost should be done at the vault.

Jason reported that as of today there is a $5400 overrun in the inspection fees, over and above, which includes the rest of the inspections including the ones for the fire company testing. Now will be starting the close out process. There is a bill here tonight for R. Myers, they are withholding $20,000 to make sure the landscaping is ok, grass grows etc.

Jerry Savakinas informed the board that he was asked by the plumber to hook the water meter up to a garden hose at a residence on Cozy Street because there is no indoor plumbing. He informed the plumber that he can’t do that and feels the town should consider having “x” number of days between the time they purchase the meter and have it installed. Diane reported there are people who have purchased the meters last December and still do not have them hooked up, who’s at fault if the meter doesn’t work. Short discussion held. Supervisor Grant informed him that the board will be updating the rules & regulations later tonight. Diane reported they are still waiting for their ID tags and also they will be going away, someone has to learn how to do the sampling etc. Ellen reported she is doing a home study and also has been in contact with a person in Alden who is certified. Diane reported they need to show someone where everything is and what the county and state require. Noted that the NYS and the DEC are getting active in water systems.

Councilman George informed Mr. Foote that he will not authorize any payments until the town has a water system that works.

Highway: Superintendent Jensen reported he gave board members a quote from 5 Star Equipment on a loader, for information purposes only. Quote is good until Sept. 14^th.

Schellkopf Road Stream Bank Stabilization Project - Superintendent Jensen received minutes of the meeting between the town of Bennington and Clark Patterson Associates regarding this matter. Three Alternatives were presented. The first one is out because Mr. Jensen talked to the property owners on the South side of road and they are unwilling to give the town anymore right-of-way. He will have a full report within the next few days and asked how the town wants to proceed, also should look for addition funding. Told will have to draw up specs. and go out to bid. Mr. Jensen reported that Great Lakes Comm. Administration (Ellicottville) had it in for funding last year, also will write letter to Dale Volker’s office, reported this has to happen soon, town is losing the road, may have to cut down to one lane. Mr. Jensen reported they finished up a couple of sections of Stedman and started on So. Burrough between Tooley and the Sheldon town line, also the engineering work is being done for Tooley Road. Supervisor Grant reported the Cotton Hill bridge is open.

Transfer station - Councilmen George & Frounick checked it out, Waste Management was called, have heard nothing back yet. Mr Jensen reported Rick McCormick from Waste Management was up there, inspected it and basically stated beyond repair. Will submit an estimate on a hopper the same size but also asked if could get away with a smaller one and will quote on what he feels the towns needs. Mr Jensen reminded the board that if go with a smaller one, might be a problem with the fit and DEC inspections etc.

Assessor - Assessor Wittmeyer feels that if Marilla’s Supervisor, John Foss and Mr. Goetz knew of Bennington’s water problem, they would be very upset, also feels that since John has a good relationship with the ECWA, might get farther if Supervisor Grant and Mr. Foss sit down with them and discussed this matter.

Ms. Wittmeyer reported the letters for the STAR rebate will be sent out from Albany on August 20^th, all residents will have to apply to get the refund, can also apply on line, will have up to Nov. 30^th to do so. Supervisor Grant reported the information is also on the web site.

Public concerns - Superintendent Jensen asked about the poison ivy situation at the park, he will take care of it but doesn’t know where to look for it. Supervisor Grant will draw a map for him after the meeting.

Councilman Frounick asked if heard anything on the cable, resident on Geise Road has been asking him about it. Councilman Fontaine stated the ball is in Time Warner’s court, has given them the town’s request and they were suppose to submit estimates, one to add 3 roads and one to add 5 roads. Councilman Fontaine will follow up on the matter,

Old business - Proposed Local Law to re-zone property located on Church Road from Agriculture/Residential to Business. Robert Gadd, Chairman of the Town’s Planning Board reviewed the SEQR with Board Members. The Town’s Planning Board declared a negative declaration in determining that the proposed action would not have a significant environmental impact. The Planning Board proposed keeping 500' South of the rear feeder stream as A/R to reduce any impact to the Akron Reservoir, thereby recommending to re-zone approx. 2662' back from the front (Church Road boundary line) to Business Use. Any other possible impacts can/will be considered in the site plan review. Supervisor Grant asked if any other agencies (County Health, Soil & Water, DOT etc.) had responded. Mr. Gadd stated that none of them responded. Supervisor Grant asked if any board members wanted to ask any questions or make any comments. There being none, Supervisor Grant asked the Board for a motion. Motion made by Councilman George, seconded by Councilman Frounick to re-zone approx. 2662' back from Church Road from A/R to business, leaving approx. 500' from the northern feeder stream A/R as per Planning Board Recommendations. ( parcel ID #4.-1-22), David & Linda Tyczka, 1961 Church Road). Any development of that parcel would fall under the site plan review. Voting as follows:

Fontaine - yes

George - yes

Frounick - yes

Grant - yes

Local Law #3, Amending the Water Rules & Regulations for the Town of Bennington (Cowlesville Water District). Supervisor Grant asked if any questions or comments from the 10 people present. None. A motion was then made by Councilman Fontaine to close the public hearing, seconded by Councilman Frounick, all ayes, carried. Public hearing closed at 8:47 PM. Supervisor Grant reported that the only changes to be made are: Page 7, Article XIV - PAYMENT OF BILLS, bills not being paid and how the town may dis-continue service according to state law with sufficient notice in writing and also under Article XV - TERMINATION AND RESUMPTION OF SERVICE REGARDING all of the ways the board can discontinue water service to the property owner. Diane Savakinas asked if going to change the meter installation time frame. Would like to see a time installation limit from the time they purchase the meter (some were purchased in December and still not have been installed, who’s to blame if they don’t work when installed). Home owner could blame town for selling them a defective meter when in fact they dropped it. Discussion held. Decided that the language be amended. Clerk reported that Bill Lanighan from Lock City is bringing out another meter pit and could ask him. Supervisor Grant stated if change anything after tonight might have to have another public hearing. After a discussion decided that the resident may purchase the meter, but it will be not be handed out until the installation has been scheduled, so that the meters are not sitting out there possibly getting damaged before installation. There being no further changes, a motion was made by George to approve Local Law #3. Motion seconded by Fontaine. Supervisor Grant called for a roll call to approve passage of Local Law #3. Voting as follows:

George - yes

Fontaine - yes

Frounick - yes

Grant - yes

Cowlesville Water District - Resolution to amend Town Fee Schedule related to Water District Fees. Supervisor Grant reported that some of the prices have been up graded, the water rate has been increased based on total costs that were experiencing now that we are 8 months into the system, the minimum quarterly charge has gone down, previously $15 plus the cost of the water (which seemed pretty high) so dropped the minimum fee to $10 plus the cost of the water ($10 for the handling & processing of the water bills), plus changes in the inspection fee and the meters. Short discussion held. Motion made by Fontaine to approve the resolution, changes in the fee schedule, seconded by Frounick, all ayes, carried. Copy of rate schedule incorporated as part of the minutes.

Building Projects - Park Building - Sent out specs. to several different contractors to re-do the siding, new roof & over-head garage door. Only received one bid back. Supervisor Grant was contacted by one contractor and due to a health matter wasn’t able to get the quote in. After short discussion a motion was made by Frounick to table the matter until get more bids, seconded by George, all ayes, carried.

Specs. for bathrooms - Councilman George working on specifications list, have to get everything together, asked if still wanted to separate everything out, so that they can bid on all or parts of the project. Told yes.

Historical Museum - Supervisor Grant reported that the inmates are coming in the end of the month to paint the building and shudders. Concerns about the heater, will get a price from Kaminski on what has to be done. Reported the well still hasn’t been fixed.

New business:

Harris Corners Rescue contract - Need to set the date for a joint public hearing with the town of Sheldon. Motion made by Frounick to set the date for August 22, 2007, 7:30 PM at the Harris Corners Fire Hall.

Resolution to Set Policy for Alternate Members to Town Committees and Boards - Supervisor Grant reported there have been some questions as to how the alternate members operate. She drafted a resolution detailing the guidelines and read the resolution. Discussion held regarding when the alternate plays in quorum vs full board. Board members felt that the alternate replaces a member, not only to have the quorum but also to make a full board so that always have a full board, example; if 5 man board, 1 person missing, alternate replaces making full five man board or if a regular member abstains from voting due to conflict of interest, alternate allowed to vote on any issues if possible. Motion made by George to amend the resolution to read: #2 “that the word “quorum” be replaced with “full board” is present” and approve the resolution. Seconded by Fontaine, all ayes, carried.

Supervisor Grant handed out information on Noble Bliss Windpark -2007 Community tours.

Historical Society is planning another fundraiser dinner on November 10th - Veteran’s Day weekend to raise funds for a Veteran’s Memorial to be placed at the Town Hall near the flag pole

pending Town Board approval. Quotes received were: Carmichael and Reed - $3150; Gibney Monuments $2400 (doesn’t include installation) and Ron Schafer $2750. Also looking into procuring an 81 mortar gun. Motion made by George, seconded by Frounick to approve of a 30 x 8 monument honoring veterans in front of the town hall, all ayes, carried.

Transfers: Supervisor Grant asked for approval of the following transfers:

General Fund: To Transfer from Account A1990.4 contingency $4295 to go to transfer into and increase appropriations in the following::

A1450.1 Elections - personal $ 330

A3510.4 Control of dogs - cont. $3610

A1910.4 Unallocated Insurance $ 55

A7520.4 Historical Property- Cont. $ 300

Highway: To Transfer from DA5110.4 General repairs - Cont. - $37,000

To Transfer into and increase appropriations DA7130.4 Machinery - $37,000

Motion made by Fontaine and seconded by Frounick to approve the above transfers, all ayes, carried.

General Fund claims #250 - 285 totaling $9174.22 presented. Motion made by Fontaine, seconded by George to approve the General Fund Claims, all ayes, carried.

Highway claims # 187 - 211 totaling $33,832.68 presented. Motion made by Frounick, seconded by Fontaine to approve the Highway claims presented, all ayes, carried.

Special District Claims: Cowlesville Street Lighting claim #8 totaling $ 189.00 presented. Motion made by George, seconded by Frounick to approve, all ayes, carried.

Cowlesville Water District claims e#38 - 45 totaling $23,432.37 presented. Motion made by Fontaine, seconded by George to approve all but the Chatfield and Myers claims. Voting all ayes, carried.

Supervisor’s financial statement - Supervisor Grant reported that the bookkeeper is meeting with Williamson Law Book the 20th of this month to hopefully straighten out the software program so that the reports come off correctly and look more professional. Motion made by George to table the Supervisor’s Financial Statement, seconded by Fontaine, all ayes, carried.

Letter read from Attica Central School requesting permission to hold a couple of their School Board Meetings each year in Bennington and has listed 3 days in the Fall and 2 in the Spring, all are on Thursdays, does the Town Board have any preference. Board Members feel they may use the Town Hall as long as it doesn’t interfere with other meetings scheduled.

Councilman Frounick feels Board members should have names and phone numbers of emergency contacts especially for the Water District in case there is a problem and the supervisor is not around.

Councilman Fontaine in regards to the Cowlesville Water matter feels system not designed right, stated that there is no way to get the system working correctly without volume and it doesn’t appears no volume test done, have to get X number of pounds pressure based on hydrant size and they are not getting volume. He suggested a volume test to start with the last hydrant in the town of Marilla and work down to find where the problem is. Discussion held.

There being no further business, a motion was made by Fontaine to adjourn, seconded by Frounick, all ayes, carried. Meeting adjourned at 9:48 PM

Respecfully submitted:

Judith Brown, Town Clerk