August 10, 2011                                          Work Session                                       6:30 PM

Supervisor Grant along with Council Members Mohun, Frounick, Gadd and George audited the Highway, General Fund and Special District claims.  Highway Superintendent Jensen opened the bids for the (3) overhead garage doors that were declared surplus.  Bids were received from:

Jerry Taylor - $326; Les Green - $251; Z&M Ag & Turf - $601 and Matthew Howell - $400 for 2 or $200 each.

Mr. Jensen opened the 2 proposals he received on replacing the roof on the pavilion at the park:

Bob Dunn Construction: $4500 to replace with shingles; $4800 for steel

J&D Construction: $4875 using shingles or steel

 

Supervisor Grant discussed the NYS Retirement bill, cable TV expansion in Bennington and the soffit, siding problem on the town hall. Councilman Frounick reported that Dan, the gentlemen that does the stripping & waxing of the town hall floors has a buffer now and will do the floors for $150.

 

August 10, 2011                                           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 George, Gadd, Mohun and Frounick.

Supervisor Grant opened the public hearings on: (1) Cowlesville Fire District Contract; (2) Special Use Permit application submitted by Jasen Myers (J. Myers Contracting).

Minutes of the July minutes – Supervisor Grant asked if any corrections or amendments.  Clerk reported that there is an error regarding deputy town clerk appointment – not all board members voted for it as indicated. Councilman Gadd voted against the appointment. There being no further amendments or corrections, a motion was made by George/Gadd to accept the minutes as corrected, voting all ayes, carried.

General Fund claims #219-247 totaling $8217.49 presented.  Motion made by Frounick/Mohun to approve the General Fund claims, voting all ayes, carried.

Highway claims #228-252 totaling $54,112.02 presented.  Motion made by Mohun/Gadd to approve the Highway claims, voting all ayes, carried.

Special District claims: Cowlesville Street Lighting claim #8 ($165.73) and Cowlesville Water District claims #42-44 totaling $2201.58 presented.  Motion made by Frounick/George to approve the Special District claims, voting all ayes, carried.

Supervisor’s Monthly Report: Supervisor Grant asked that the July report be tabled. The new bookkeeper has just started and  beginning to familiarize herself with the accounting programs, will have the July report next month.  Motion made by George/Frounick to table the Supervisor’s July Report. Voting all ayes, carried.  

Correspondence:  Memo from GLOW Region Solid Waste Management Committee re: 2011 Household Hazardous Waste/Pharmaceutical Collection Program.

            Certificates of insurance received from Huber & Huber Inc. and Mar Wal Construction Co., Inc. naming the Town of Bennington as additional insured on their liability  insurance policies.

            Zoning Officer’s list of permits approved to date for 2011.

            Letter from the Dept. of Planning and Development, Monroe County, NY re: Fall 2011 Land Use Decision-Making Training Program.

            Letter from the Town of Alden re: Proposed Local Law #2-2011 – “Re-zoning of Real Property on Broadway and Zoning Map Amendment”.

            Meeting minutes from the June 15th meeting of the Town Planning Board.

            Petition served on the Town of Bennington by the State of New York Supreme Court-County of Wyoming in the matter of the application under Article 7 of the Real Property Tax Law by American Tower Corp (Petitioner) vs. Assessor, Town of Bennington. American Tower Corp. wants their assessment lowered from $100,000 to $10,000.  Copies of this have been given to the Assessor and the Town Attorney.

Supervisor Grant received the Planning News, an information news pamphlet from the New York Planning Federation.

Letter dated July 13th from Assemblyman Dan Burling re: the recent property tax cap legislation on which he voted against it.

Letter dated July 25th from Kibbe, King & Moran re: Roland Lamb and certain water rights in the Hamlet of Cowlesville.

              Memo from Wyo. Co. Real Property Tax Services re: Early taxable values taken from 2011 Final Assessment Roll.  Final taxable values will be provided in late October or early November.  Bennington’s town taxable value is $113,310,649. The equalization rate is 50.00%.

 

Public Hearings:

1.      Cowlesville Fire District Contract – Clerk read letter which requests a 3 year fire contract for Fire and Emergency Rescue Services as follows:  2012 - $75,000; 2013 - $75,000 and 2014 - $75,000. The Cowlesville Fire Company  is taking a slight reduction from the 2011 contact of $75,284 and going to hold the line for the next 3 years at $75,000/year which in the end will save the taxpayers $4,610. Supervisor Grant asked if anyone has any comments at this time.  No one commented on the contract. There were 12 residents present including John Church, President of the Cowlesville Fire Company.

 

2.       Special Use Permit Application submitted by Jasen Meyers (J Meyers Contracting, LLC)- Supervisor Grant reviewed the application and  asked if anyone had any comments. No one commented. Clerk reported letters were sent to the adjacent neighbors and there was no response back.

Departments:

Water – Appointment of Water System Operator; set salary.  Supervisor Grant reported she met with Bruce Sitzman  from Alden.  He has agreed to take on the project, would like to start the day after Labor Day and work with the Savakinas for a couple of months. The pay rate would be basically the same as the Savakinas, $15/hour for Mr. Sitzman and $13/hour for his men, no mileage for the commute back and forth to Alden. Time involved is approximately an hour per day, 5 days a week (no weekends). Each week day, one of his men will drive over and take the samples. Noted that periodically, samples do have to taken to a lab and the meters are read quarterly, then more time involved and mileage will be paid the same as Diane and Jerry were paid. Councilman Gadd asked if two men drove over to take the samples, would both get paid.  Told no, only one gets paid. Councilman Frounick asked if they are available for emergencies.  Told yes, they are on call at all times.  Motion made by George/Gadd to approve Bruce Sitzman and his team as the Water System Operators to work with the Savakinas effective  the day after Labor Day. Voting all ayes, carried.

 

Highway Department; Earlier tonight, bids were opened for the 3 overhead doors that were declared as surplus material. Four (4) bids received:  Jerry Taylor - $326;  Les Green - $251; Z&M Ag and Turf, (Goodrich Farm Supply) $601 and Matthew Howell is interested in 2 of them for $400 and/or $200 separately. Motion made by Gadd/Frounick to award the bid to Goodrich Farm Supply at $601. Voting all ayes, carried.

Councilman George asked if Ellen could get him a list of roads the Highway Department is working on.

Zoning – Special Use Permit Renewal Application submitted by John Travis – Supervisor Grant reviewed the application with Board Members.  Applied for a 3 year renewal, there have been no complaints. He did put up a building back there, has permit for that. Motion made by  Frounick/George to approve his permit for three years, voting all ayes, carried.

Assessment: Assessor not here, had to pick-up her computer tonight. Supervisor Grant reported that at the county level, they have been talking about going to county wide assessment.  There are  some assessors nearing retirement age and since there is only a handful of assessors covering the whole county, they are going to do a study to see how much it would cost to go county-wide. Supervisor Grant noted that supposedly any town that didn’t want to go with the county wide assessing, could opt out.  Short discussion held on county wide assessment, noting that the assessors hired would be full time with benefits costing more money than what’s paid now, because now they are part time with no benefits. Also noted that in our case, other towns are paying for her mandated education and training programs, saving us money. Councilman George suggested that Bennington put together a resolution  stating that the town is against county-wide assessment and submit to the Board of Supervisor when they start getting serious about it.  Supervisor Grant feels maybe should do now so that other towns think about it. Decided that Supervisor Grant put together a resolution and have for the September Town Board Meeting.

Transfer Station – Supervisor Grant reported that today town received the boxes for the collection of fluorescent light bulbs and the container for small, personal batteries. She will be taking them up to the guys on Saturday. Asked if it costs to get rid of them. Supervisor Grant thinks the box holds 25-40 bulbs and is $60-70 for shipping and batteries is $45/box to ship.

Recreation – Soccer is going on right now, tomorrow is the last day of swimming. Supervisor Grant met with Mike George on the rest rooms for the park, reviewed the plans. Mike checked with the County Building codes and Ellen with the Health Dept. on the septic permit. Short discussion held, they will pursue and see what can be accomplished this year yet.

Parks Maintenance Person’s Salary – There was a mistake made in the 2011 budget for the park maintenance person’s salary, it was the same as the budget base salary as last year, it didn’t include the extra mowing he was asked to do at the museum at an hourly basis last year.  Motion made by Frounick/Gadd to increase his salary from $3800 to a maximum of $4600/year, which is the base from last year plus the hourly wages paid to do the extra mowing he was asked to do. Voting all ayes, carried.

Cowlesville Fire Contract – Supervisor Grant asked if there were any comments or questions at this time, if not she would like a motion to close the public hearing.  Motion was made by Mohun/George to close the public hearing. Public Hearing closed at 8:07 PM.

Jasen Meyers Special Use Permit – Supervisor Grant asked if anyone had any further comments or questions. None. A motion was made by Mohun/George to close the public hearing, voting all ayes, carried. Public Hearing closed at 8:08 PM. Motion made by Gadd /Frounick to approve Mr. Meyer’s permit for one year, voting all ayes, carried.

 

Old Business:  Cowlesville Fire Contract for 2012 – 2014. Motion made by Mohun to approve a three year fire and emergency rescue services contract with the Cowlesvile Fire Company at $75,000/year. Motion seconded by Frounick, voting all ayes, carried.

Public Concerns: Debby Kipp addressed the Board with questions from the Zoning and Planning Boards.

Old Business: Supervisor Grant reported on the cable expansion in Bennington. In doing .4/mile on Getman Road (4 houses) and .2 mile on Hoover (1 house) would cost $11,000 and 1.7 miles of Rt. 98 (15 houses) would cost the town $30,000.  This money would come from the town’s franchise money it receives from Time Warner. Time Warner pays 35% of the cost. After a discussion, a motion was made by George to table this until next month and in the mean time, check and see if the residents on these roads are still interested. Supervisor Grant reported that the work that will be done to Getman Road is laying the ground work to expand to other roads, namely Gadd and Woodley. Motion seconded by Gadd, voting all ayes, carried.

New Business: Supervisor Grant reported she has received the NYS Retirement bill and the amount that will be due is $49.326, if paying in December,  may save approx. $400. Last year’s bill was around $36,000.

Ms. Grant reported she will be working on the 2012 budget in the next 1-1/2 months, if anyone has any items that they think should be considered in the budget, to contact her before the end of September, she would appreciate their input. Ms Grant noted that the town will also be under the restraints of the 2% property tax cap.

Civil War Re-enactment – Supervisor Grant reported that the Historical Society is interested in hosting a re-enactment of the Civil War at the town park on the Saturday of Labor Day weekend, if enough interest. They have several re-enactors who are going to be up there and demonstrating their fire arms, showing off what civil war camp life was like, talking about some of the uniforms, medical procedures at the time, do some drilling, also would like permission from the Town Board to be able to camp overnight Friday night so that they would be ready to on Saturday morning, thinks they were talking from 10 AM to 3 PM on Saturday.  They would also like permission to spend the night up there, have a camp fire, fire off their muskets and cannon with blanks. Will be making quite a bit of noise.  Board felt no problem but need to notify the neighbors. Short discussion held. Motion made by Gadd/Mohun to allow the Historical Society to host a re-enactment of the Civil War, to camp overnight Friday, have a camp fire and shoot off their fire arms and cannon. Voting all ayes, carried. It’s the 150th anniversary of the Civil War.  

Bennington Volunteer Fire Company Contract – Supervisor Grant read the letter from the Bennington Fire Company requesting a one (1) year contract in the amount of $90,000.  Bennington also request that $25,000 of that amount to be paid by January 15th and the remaining $65,000 due no later than April 1st. Motion made by George/Mohun to schedule a public hearing for the September Town Board Meeting, voting all ayes, carried.

Attica Central School has requested use of the town hall for two School Board meetings,  October 27, 2011 and June 14, 2012. Motion made by Frounick/Mohun to approve their request for use of the town hall on Oct. 27th and June 14th. Voting all ayes, carried.

Councilman Frounick asked about getting someone to repair the soffit and siding on the Town Hall.  Supervisor Grant asked if he could get a couple of estimates.

There being no further business, a motion was made by Mohun/Gadd to adjourn,  meeting adjourned at 8:37 PM.

 

                                                                                    Respectfully submitted:

 

                                                                                    Judith Brown, Town Clerk