Bennington Town Board Minutes

Regular Meeting

December 12, 2007

 

Supervisor Grant declared the meeting open and asked Councilman Fontaine to lead the pledge to the flag. Present were Councilmen Fontaine, George and Frounick. Councilman Gadd absent. Also present was Assessor Wittmeyer and Council Member Elect Joyce Mohun.

 

Supervisor Grant congratulated and welcomed Council Member Elect Joyce Mohun.

 

Minutes of the November meeting - Supervisor Grant asked if any corrections or amendments. Motion made by Frounick, seconded by Fontaine to approve the minutes, voting all ayes, carried.

 

 General Fund claims #398 - 441 totaling $20,099.39 presented.  Motion made by George, seconded by Fontaine to approve the General Fund claims, all yes, carried.

 

Highway claims #278 - 300 totaling $17,600.39 presented. Motion made by Fontaine, seconded by Frounick to approve the highway claims, voting all ayes, carried.

 

Special District Claims - Cowlesville Street Lighting #12 ($132.28) and Cowlesville Water District claims #57 & 58 totaling $918.50 presented.  Motion made by George, seconded by Fontaine to approve the Special District claims, voting all ayes, carried.

 

Supervisor’s Financial Statement for October & November - Motion made by George, seconded by Fontaine to approve the Supervisor’s Financial statements as presented. Voting all ayes, carried.

 

Correspondence: Notice from the Town of Alden on their adoption of Local Law #3 for 2007, An Amendment to the Landfill Management Law for the Town of Alden.

 

Certified Election Results received from the Wyoming County Board of Elections.

 

Monthly town clerk’s report.

 

Supervisor Grant received the October minutes from the Wyoming County Industrial Development Agency.

 

2008 meeting schedule from the Wyoming County Planning Board and their submission requirements for referrals.

 

Memo from David Przybl, municipal accountant offering municipal accounting services.

 

Letter from the Assoc. of Towns regarding the 2008 dues and information on Annual Training School and meeting scheduled for February in New York City.

 

Departments: Recreation - Held their Christmas party this past Saturday and last week-end held a Bake and Book sale at the Cowlesville Fire Hall to raise money for park equipment. Presently trying to put together the 2008 recreation event calendar which will also be posted on the website, also plan on advertising it in the PennySaver.

 

Transfer station - Been checking the website for alternate vendors for a compactor. Councilman George thinks he has found someone the town may be able to get a compactor from, hasn’t been able to contact him, been playing phone tag and asked if also want to try and get a price on re-building the unit itself, are the motor and cylinder that bad. Councilman Frounick reported it’s working good but it’s 30 years old, when it’s going to go.   Mr. George wonders if that’s an option they want to look at also, get price from a couple of different welding/fabrication shops. After a short discussion, Councilman George will try and get someone to look at it.

 

Assessment - Assessor Wittmeyer reported she’s turned in the tax roll to the county for printing of the bills, she’s attended 3 meetings and working on getting the exemption information out to the residents.

 

Zoning - Supervisor Grant opened the public hearing to consider a Special Use Permit application submitted by Shawn LaBruna who wants to start a motor vehicle repair shop at 873 Old Alleghany Road. He’s renting the garage owed by Marlene Evans whose husband also had a motor vehicle business. Public hearing opened at 7:47 PM  Supervisor Grant asked if anyone present wished to speak for or against this matter at this time.  Les Green stated he’s a neighbor and is in favor of it, stated that Willie Evans had a repair shop there before and he knows that Charlie Fox another neighbor is also favor of it. Marlene Evans stated she has no contract, rental or lease agreement at this time, going to get something drawn up after the first of the year. Supervisor Grant stated that the town has to fill out the short SEQR and needs to name the Town Board as the Lead Agency for this project in completing Part II of the SEQR application because the town has a moratorium in place. Motion made by Fontaine, seconded by Frounick to name the Town Board as the Lead Agency, voting all ayes, carried. Supervisor Grant reviewed the questions regarding the impact assessment. A motion was made by Councilman Frounick that this project will not result in any significant adverse environmental impacts and to declare negative impact for this project. Motion seconded by George, voting all ayes, carried.

 

Water District - Supervisor Grant reported that Board Members met with the Water Inspector and Water Operator, will be getting in touch with the Cowlesville Fire Department, working with them re-instating the use of the water hydrants. Councilman George asked if the firemen needs to get in touch with anyone before they do any testing. Short discussion held. Ellen said they could set up a schedule. Mr. Frounick stated that it could also be in the newsletter.

 

Public concerns: Ron Janish expressed his concerns over S. Burrough Road, was told it was going to be repaired this past Summer and still isn’t done, it’s been about 35 years since something was done with that road, pot holes just keep getting bigger, Bailey Ave. same way, other roads getting done, why doesn’t their road get done, they pay taxes too. Mr. George said that when he approach Rick about it, was told they were going to get the base done this year and finish this coming Spring. Short discussion held on roads. Supervisor Grant will discuss the matter with Superintendent Jensen. 

 

Old Business: Building Projects - Reported that Councilman Frounick talked with Smokey Breton and when he feels (weather permitting) he can get done, will give him a call. Restrooms - can’t do anything until after the first of the year. Joyce Mohun questioned the guy who was suppose to do the dugouts for baseball. Told he never came around. 

 

New Business: Supervisor Grant reported she has talked with the Zonng Officer and other individuals on different boards about the zoning maps, they are out-dated and would like to order new zoning maps, so we are not working with taped on changes and things colored in. We first need to get a comprehensive list of all of the changes, have a draft of it, everyone review it, this would NOT be to make any changes at this time, it would just be to get a correct, order the map, so we have one good clean copy to work with.

 

Supervisor Grant is requesting annual reports from town departments, will have them posted on the website for people to read. She reported the Association of Town’s has training sessions for new board members, also one done at the Cooperative Extension when they do webinars.

 

NIMS training - Councilman George said they talked about having one after the first of the year, Ellen hasn’t heard anything, Ellen went to one at the Fire Training Center, it was very good and quick. Supervisor Grant reported that the Elected Officials need to be certified in it in order so that the town will be eligible o receive any type of emergency assistance from the federal government. Councilman George asked Supervisor Grant to get in touch will Bill Streicher to see if he is going to schedule something.

Supervisor Grant reminded  ZBA/Planning Board about the training requirements and encourages them to attend, (Ellen reported that Genesee FingerLakes Plannning Council had an informational meeting here at the town hall, there were 2-3 Planning Board Members, 2 town board members and no one from the Zoning Board present).   Ellen will send them letters.

 

Supervisor Grant asked for approval to authorize Councilman Frounick as co-signer on 5 Star Bank Accounts. Motion so made by George, seconded by Fontaine, voting all ayes, carried.

 

Year-End Meeting and January re-organizational/regular meeting date. Supervisor Grant noted that at the year end meeting could also sit down and take a look at some of the projects the board  would be undertaking next year, set priorities and who’s interested in working on what. Ellen invited Council Member Elect Joyce Mohun to attend that meeting.  Motion made by George, seconded by Frounick to set the year-end meeting on Dec. 27 at 6:30 PM and the January Re-organizational meeting on January 9th  at 7:30 PM with a Work Session beginning at 6:30. Voting all ayes, carried.

 

Renewal of the Copier maintenance agreement with Eagle Systems for $513/year includes  travel, labor, parts, drum and toner for 13,500 copies.  Motion so made by Fontaine, seconded by Frounick, voting all ayes, carried.

 

Sub-Division Regulations - Supervisor Grant reported that earlier this Fall, Town Planning Board Members received copies of the Sub-Division Regulations that were drawn up several years ago, the Zoning Up-Date Committee had copies of them, The County Planner reviewed them at that time and his comments were that there were things the town might want to review and change but overall it was a good law. She gave Board Members copies for review and stated could possibly hold a public hearing in January or February. Planning Board had no changes that they were recommending. After short discussion a motion was made by George to schedule a public hearing for the February meeting. Ellen stated the Town Board would have to be declared the Lead Agency due to the Moratorium and this is a town wide scope so the full SEQR would have to be addressed. Mr. George amended his motion to set the date of the public hearing for the February Town Board Meeting and to declare the Town Board at the Lead Agency for SEQR purposes for the Sub-Division Regulations. Motion seconded by Frounick, voting all ayes, carried.

 

Holiday Hours - After discussion, a motion was made by Fontaine to close all  the Town Offices on Dec. 24th, 25th, Dec. 31st and January 1st. Transfer Station will be open regular hours and to also advertise as such.  Motion seconded by Frounick, voting all ayes, carried.

 

County maps - Clerk has purchased some county maps for $3.00 each, how much does the town want to charge. Motion made by George, seconded by Fontaine to sell the maps for $3 each.

 

Special Use Permit Application - Shawn LaBruna. There being no further discussion, a motion was made by Fontaine to close the public hearing, seconded by George, all ayes, carried.  Public Hearing closed at 8:29 PM. Motion then made by Fontaine to approve the Special Use Permit for 1 year initially for Mr. LaBruna, seconded by George, all ayes, carried.

 

Time Warner - Councilman Fontaine reported he had a conversation with Chris Wirth from Time Warner (Brian Wirth is no longer there) has sent him information which he will forward to Ellen, they are not gung ho about this project, but it will cost the town about $10,000 to get 40-50 homes.

 

Alarm System - Councilman Frounick will have the information on the alarm system for the year-end meeting.

 

Councilman George asked about the Kelly re-zone. Supervisor Grant reported she has reviewed all of the paperwork/letters from Eric Dadd, project was re-zoned in 1977 and is all set. Supervisor Grant stated that when the town updates the map, will include Mr. Kelly in the map.

 

Supervisor Grant thanked Justice Emerling for his many years of service as Town Justice and Councilman Fontaine for his service on the Town Board and the Town Planning Board with his knowledge and expertise.

 

There being no further business, a motion was made by Fontaine, seconded by George to adjourn.  Meeting adjourned at 8:35 PM.

 

 

                                                                                                Respectfully submitted:

 

 

 

                                                                                                Judith Brown

                                                                                                Town Clerk