February 10, 2010                                  Work Session                                             6:30 PM

Supervisor Grant along with Council Members Mohun, Frounick, George and Gadd audited the Highway, General Fund and Special District claims, discussed the Local Law on the moratorium, replacing the 1991 Oshkosh, Census Bureau wanting use of the town hall for a  Census Assistance Center. Council Member Mohun reviewed some of the changes  incorporated in the draft Wind Energy Conversion Systems Law and Don Przybyl discussed his audit report with board members. Supervisor Grant reported that she received a letter from Wyoming County Wildlife re: use of rifle for big game hunting.

 

February 10, 2010                                  Regular Meeting                                       7:30 PM

Supervisor Grant declared the meeting open and asked Councilman Gadd to lead the pledge to the flag. Present were Council Members Mohun, George, Frounick and Gadd, also present were Assessor Wittmeyer and Zoning Officer Kelly.

Supervisor Grant opened the public hearing on a Local Law #A-2010, a local law extending the moratorium.

Minutes of the January 6, 2010 re-organization and regular meeting. Supervisor Grant asked if any corrections or amendments. Motion made Mohun/George to accept the minutes. Voting all ayes, carried.

Contract with Williamson Law Book for accounting  support in the amount of $770. Motion made by Frounick/Gadd to approve the contract and have the supervisor execute the agreement. Voting all ayes, carried.

General Fund claims #12-49 totaling $52,957.96 presented.  Motion made by George, seconded by Frounick to approve the general fund claims submitted.  Voting all ayes, carried.   

Highway claims #11-42 totaling $60,471.87 presented. Motion made by Gadd, seconded by Mohun to approve the highway claims. Voting all ayes, carried.

Special District claims: Cowlesville Water District claims #2-7 totaling $3027.11; Cowlesville Street Lighting claim #2- $183; Bennington Fire Company claims #1-2 totaling $88,150; Cowlesville Fire Company - $73,808 and Harris Corners Fire Company - $25,100.  Motion made by Frounick/Mohun to approve the Special  District claims, voting all ayes, carried.

Supervisor Financial report:  Supervisor Grant reported that all of the tax money isn’t in the report yet, balance of tax money was received in February.  Motion made by George/Gadd to accept the Supervisors’  Financial report. Voting all ayes, carried.

Correspondence:

ZBA December 2, 2009 and January 6th meeting minutes.

                Planning Board minutes from November 18th and December 16th   

Certificates of insurance naming the Town of Bennington as additional insured on their liability policies received from  the Bennington Fire Company and Time Warner Cable.

                Letter dated Jan. 27th from Chatfield Engineers re: Chatfield Engineers 2010 billing rates and contract information.

                Town clerk’s  2009 annual report  and the January 2010 monthly report.

                Letter from Zoning Officer Kelly to Town Board Members requesting the board to enact a law that a house be constructed  first or at least have the house listed as primary or principal use. Now having garages/building going up on  vacant property before the house is built.

                Copies of letters dated January 13th that Zoning Office Kelly sent to Collana Carmelo and Josephine Savaglia regarding special permits for their properties.

                Certified letter received from Roger Meisner advising the town that Quiet Times Golf Course is reapplying for it’s beer and wine license.

                Folder of information received from Assessor Wittmeyer including a report for the month of January and her annual report summary for 2009.

Supervisor  Grant  received an invitation which she will share with Town Board Members to Pride of Wyoming County Agricultural Dinner, being held March 2tth at the North Java Fire Hall. It’s $20/person.

Letter dated Jan 25th from Assemblyman Dan Burling re: CHIPS program for 2010. Bennington is scheduled to receive $127,800.

Copy of the Winter storm ( Dec. 10th and 11th) coverage report prepared by the Sheriff’s Dept. and Emergency Services showing their coordinating efforts. They noted that during that storm the 911 center received 735 calls as compared to 320 during that period the previous year.

                Information from NYS Fish & Wildlife Management Board           re: requesting permission from land owners before you use their property for fishing , hunting or trapping.

                E-mail from Andy Marek re: setting up a notification list for individuals who want updates on new postings to the website.

                Spring 2010 Land Use Training Program from Monroe County Planning & Development. Series of work shops  scheduled over March & April. There is one for the Zoning Officer as well for the ZBA and Planning Board. 

                Received Full Environmental Assessment Impact form from the Town of Alden in preparation of their adoption of their Comprehensive Plan, also indicates that the Town of Alden will serve as the Lead Agent.

                Memo from Pro-Act regarding the County Prescription Discount Cards. Residents received them in the mail back in November. Reported that during the  months of November and December, the total number of cards used was 177 for 295  claims for a total price savings to Wyoming County residents of $5635.

 

Departments:

                Highway – Supervisor Grant reported that regarding grant writing and the time frame for member items, board recommended that they pursue a legislative member item to help with payment for replacement of the 1991 Oshkosh. She & Superintendent Jensen prepared a letter which went out this weekend and read the letter.

 

Zoning:  Zoning Officer Kelly stated that in the zoning law, although we have Business Districts and Manufacturing Districts, there is no definition of what they. Gentleman is interested in buying the old Austin Dies building which is zoned manufacturing, with a business district established 100’ back along the South side of Clinton Street in Cowlesville, wants to open a vehicle repair shop, repairs vehicles after they have been involved in an accident. He does automotive repairs for Upstate in Attica and RV repairs for Buffalo RV, doesn’t do oil changes, greasing, tire changes etc. He doesn’t want to purchase it if he can’t operate a collision shop. There is a definition in the Comprehensive Plan of manufacturing. Kari’s unsure of what to do, she’s believes a collision shop falls under manufacturing, looking for the Town Board to give her a definition of manufacturing.  Lengthy discussion held.  After the discussion, a motion was made by George that since there is no definition in the zoning book for “Manufacturing”, to accept the Comprehensive Plan’s definition for the issuance of zoning permits (which would allow this business without any permits).   Motion seconded by Frounick. Voting all ayes, carried.

Land Separation – The land separation law calls for a completed application and fee to be submitted to the zoning officer 7 days prior.  Town does not have an application form, been using the zoning forms which do not apply, only thing you get is there name, address, phone number and acreage. Councilman George asked Kari if she could make up a form  or is she asking the board to draw up a form. After a discussion a  motion was  made by Mohun, seconded by George to have the zoning officer design a form and have ready for the next meeting. Voting all ayes, carried.

Zoning Officer Kelly discussed the Josephine Savaglia (new owner of property  at 1566 Friedman Road formerly owned by Paul Miller who got a special permit to build a barn prior to a house) letter which informs her that the special permit that Mr. Miller had associated with the barn was terminated when he sold the property.  She wants to use the land  for hunting and camping, move her camper on it. Kari informed her of the number of days during the year she’s allowed to keep her camper there and also that sewer/septic is needed. She said that if she couldn’t put her camper on it, she wants to put a portable cabin on it. Short discussion held.

Zoning Officer Kelly asked for a sturdy 2 step stool.  Told to go to Ace Hardware and purchase one.

Fee for Land Separation permit -  Discussion held.  Motion made by George, seconded by Frounick that NO FEE be charged for the land separation permit.  George, Frounick and Gadd, voted aye.  Mohun and Grant voted nay.

Home Occupation Permit – Clerk reported that Cheryl Hinsken, 79 Kern Road no longer needs her home occupation permit  (beauty salon), no longer in business.

 Assessor: Assessor Wittmeyer  stated that with her report is a letter from the New York State Assessors’ Association stating their position on the proposed consolidation of the Office of Real Property Services  with the Department of Taxation and Finance. The governor has  proposed this in his 2010/2011 budget. She addressed this matter (which could be a done deal), stating that it would be more reasonable to merge it with the Department of State and that the assessors do not favor  the  dissolution of the State Board of Real Property Services, because the agency has years’ of experience and expertise in the specialized field of real property.  Ms. Wittmeyer also reported that when the rebates came out last year, Dept. of Taxation & Finance was handing this, there was a hot line for people with questions to call, when people called they were told to call their assessor. The assessors were not informed by the state, had no information, but were suppose to help the people.  When she (Ms. Wittmeyer) tried calling the line dedicated to the assessors, they wouldn’t answer or return her calls. She doesn’t feel that the merger will be fair for the people.  Asked if she was looking for support from the Town Board.  She would appreciate it, if the Board so chooses. Councilman George asked her if she would draw up a resolution for them for the next meeting. 

Assessor Wittmeyer also reported that in the Real Property Tax Monitor, (monthly publication from the NYS State Office of Real Property Services) they  published  a report from the Erie County Assessors’ Sub Committee which Kandy is a part of, also published the power point program she presented to the Town Board. The power point program is also used by UB Law School.

Supervisor Grant reported that prior to the Meeting, Assessor Wittmeyer gave her a report on Notice of Tentative Special Franchise Full Value. Have National Fuel Gas, NYSEG,  Citizens’ Telecom, Verizon, Time Warner with full values totaling 1.8 million dollars, Three of them values declined, Citizen’s Telecom, Verizon and Time Warner had declines. National Fuel Gas increased about 10% from the prior roll.

Recreation - Kerry Kelly reported that the ski day will be this Monday at Bryncliff from 9-4, parents will have to pay full rate. They are in the process of having sign-ups for base ball, tee ball, swimming and soccer. Looking for coaches. Will be having another Chinese raffle, starting earlier this year to collect the theme baskets to get more organized, plan on starting in April, looking for donations. She also suggested toys for theme baskets, kids talk their parents into buying the tickets.  Kari asked about the status of the grant for the bathrooms at the park that they talked about last year, either bathrooms or the truck, asked if that is going to get put off another year. Supervisor Grant reported that there was a legislative member item grant and the board decided to prioritize the truck, but she has found that through NYS Parks and Recreation Heritage, talked with them about a grant and believes that rest rooms facilities would fall under the park, with this grant, you apply and get approved this year and get the money next year, so going to apply this year and if get the money will do next year.  Will apply for that, see where it goes, if don’t get the money, then can see if can’t get some matching funds and volunteers or inkind services.

Councilman George asked about the books upstairs. Told that they plan on having another book sale this Spring on White Good Day, after that they will probably donate/get rid of what is left.

Supervisor Grant asked if any comments on Local Law A-2010, a Local Law Extending the Moratorium on Certain Land Uses and Zoning Regulations. Other than Assessor Wittmeyer and Zoning Officer Kelly, the only two present were Peter Pomana and Don Malley. No comments on Local Law A-2010. Zoning Officer Kelly asked what the definition of a trailer is.  After a short discussion decided to change trailer to mobile home.   Motion made by Frounick/Mohun to close the public hearing. Voting all ayes, carried. Public hearing closed at 8:50 PM.

Public concerns: Don Malley asked about the zoning on the website, it states that the zoning law was adopted in 1986, asked if that is correct.  Told yes, but have made amendments to that. Discussion held about getting the amendments on the web. Supervisor Grant reported that Andy is going to try to solicit people to send in their e-mail addresses so people don’t have to keep checking the website for new items, will automatically be updated when some new information appears on the web site.

Old Business: Local Law A-2010. Supervisor Grant  asked Board Members if they have any further comments. Discussed changing  the word “trailer” to “mobile homes”  Motion made by Mohun/Frounick to change the word “trailer” to “mobile homes” in section 2, Scope and Control. Voting all ayes, carried.

Motion made by Mohun/Gadd  to approve Local Law #A-2010, voting all ayes, carried.

Compactor Cover for the transfer station – One bid received from Tozier Enterprises at $2754.  Motion made by George/Mohun to accept Mr. Toziers’s bid. Voting all ayes, carried.

Audit of the 2009 Town Financial Records. Supervisor Grant reported board has copies of the report done by Don Przybyl, a municipal accountant and former NYS auditor in the State Comptroller’s Office. He reviewed records from the supervisor, town clerk/tax collector, 2 town justices. He has several recommendations, also board members met on January 14th for the purpose of reviewing the 2009 financial records. Supervisor Grant read the resolution accepting the financial records of the town Clerk, Tax Collector, Justice Court Clerk and Town Supervisor. Motion made by Mohun/George to approve the resolution. Voting all ayes, carried.

Year-end reports of the Town Clerk, Assessor and Youth Recreation – Motion made by George/Frounick to accept the reports, voting all ayes, carried.

Draft Wind Energy Conversion Systems Law – Supervisor Grant reported that Council Member Mohun prepared a draft of the law, a copy was sent to the town attorney which they are still reviewing, they are also preparing the SEQR. Art Buckley, Wyoming County Planner has reviewed the draft and submitted recommendations which have been incorporated into the draft by Council Member Mohun.  Ms. Mohun pointed out that Mr. Buckley added in a road agreement, he also felt that the Wyo. County addressing system should be in there, everything else were items take from local laws from other towns and the Wind Energy Advisory Committee’s report that were incorporated in this. Mr. Buckley also recommended that the bond for the demolition and restoration should be in the name of the town and not in the name of the company doing the project in case the wind mills that were built had to be removed, that the bond for funding of that be in the towns’ name instead of the company doing the project, just in case they go bankrupt.  Council Member Mohun will e-mail the draft to the town attorney so he can incorporate his recommendations right in it like Art Buckley did. Supervisor Grant reported that when the town gets the feedback from the town attorney, then the draft will be sent to the town and county Planning Boards for their review and recommendations.

New Business: Appointments & re-appointments - ZBA Member - Roger Chudzik willing to serve another 5 year term;  Wyoming County Youth Bureau - Molly (mother)and Kara (daughter) George willing to serve as adult/youth representative; Recreation Director - Terry Beal; Dog Enumerator – Carolyn Mruczek; Deputy Supervisor (serves at the town level only);  January - June 2010 - Councilman Frounick; July - December 2010 - Councilman Gadd;  January - June 2011 - Councilman George and July - December 2011 - Council Member Mohun. Motion made by Gadd, seconded by Frounick to approve the above appointments, voting all ayes, carried.

Census Assistance Center – Supervisor Grant reported that the US Census Program would like to set up a Census Assistance Center here at the town hall March 19th thru April 19th, 3 days/week (Mondays, Wednesdays & Fridays), 10 AM -3 PM .They will have a staff person here to help people that are having difficulty filling out the census forms  to make sure they gather as much information as possible. Would make the board room and bathrooms available to them, offices would not be available to them.  They will also have to provide a certificate of insurance naming the town as additional insured on the liability and workers comp. policy. Motion made by Frounick to allow the US Census Bureau to set up a Census Assistance Center here at the town hall March 19th thru April 19th , seconded  by Gadd.  Frounick, Gadd, Mohun and Grant voted aye, George voted nay.

Rifle Hunting for big game – Supervisor Grant received a letter from the Wyoming County Wildlife Federation  re: setting up a one year trial period in which hunters can use rifles to hunt big game. Supervisor Grant feels that the Board of Supervisors will be voting on this as their March meeting and would like input from town residents on this. Supervisor Grant has statistics, population density, deer take and shooting incidents on this if anyone interested. Anyone that has any comments should contact her, when she votes on this, would like to reflects the feelings of the community.

Councilman George asked about the “right to farm” signs, didn’t the town approve them, and thought that Rick asked if he had to put them up. Supervisor Grant reported no, she thought Rick was ordering them and he thought she was, but she will get them ordered.

Supervisor Grant reported she attended the Association of Counties Conference in Albany this past week, attended quite a few interesting work shops, one of them yesterday was with the Commissioner of  Transportation, who reported “ thankfully” that the CHIPS money, which is quite a significant contribution, to our highway budget will continue for at least the next 2-3 years. 
One of the big topics that they had several round tables on was Marcellus shale, they’re drilling for gas through this shale, it’s already a hot topic in places throughout New York State, say it will make wind mills look like a recreation program and the towns and communities will have no control over it, all regulated by the state. They are boring down well below the aquifer and then pumping down water mixed with chemicals to release these gases. There are huge pockets of gases below the aquifer. They’re using different  kinds of chemicals (they say the chemical are safe, but no one know what will happen when these chemicals mix), but there are concerns about the chemicals  getting into the water, when they pump the water back up out of there, how do they contain it etc. Short discussion held.

Varysburg Fire Contract  for 2010 - $6420.25.  Motion made by George/Frounick to approve the payment to the Varysburg Fire Company. Voting all ayes, carried.

There being no other business, a motion was made by Mohun to adjourn.  Meeting adjourned at 9:27 PM.

 

                                                                                                Respectfully Submitted:

 

                                                                                                Judith Brown

                                                                                                Town Clerk