February 9, 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. Superintendent Jensen was present early in the session, but left to attend another meeting, advised he would come back, but be late for the regular meeting. Short discussion held on zoning issues.

 

February 9, 2011                                         Regular Meeting                                       7:30 PM

 

Supervisor Grant declared the meeting open and asked Councilman George to lead the pledge to the flag. Present were Council Members  Mohun, George, Gadd and Frounick, also Assessor Wittmeyer. Highway Superintendent had another meeting and arrived late.

Supervisor Grant opened the public hearing to consider Local Law B-2011 – A Local Law extending the moratorium on certain land uses.

Minutes of the January meeting – Supervisor Grant asked if any corrections or amendments. Clerk Brown stated that on page 15, the paragraph between the official Bank accounts and section B – Notice of meeting dates should be eliminated.  This section was copied over from last year and that paragraph was last year, not this year.  There being no further corrections/amendments , a motion was made by George/Mohun to approve the December 8th, December 28th and January 5th minutes as amended. Voting all ayes carried.

Approval of Williamson Law Book Support Contract for the Municipal Accounting for $770. Motion made by Mohun/Frounick to authorize the supervisor to execute the contract with Williamson Law Book in the amount of $770 for 2011, voting all ayes, carried.

Financial Matters: 

General Fund claims #13-63 totaling $21,227.34 presented.  Motion made by Mohun/George to approve the General Fund claims submitted. Voting all ayes, carried.

Highway claims #12 – 60 totaling $125,264.95 presented. Motion made by George/Gadd to approve the highway claims, voting all ayes, carried.

Special District claims: Cowlesville Street Lighting claims #2 & 3 totaling $393.68 and Cowlesville Water District claims #2-10 totaling $2875.68 presented.  Motion made by Frounick/Mohun to approve the Special District claims, voting all ayes, carried.

Supervisor Grant’s Financial Statement for the month of January. Total of all funds $800,262.78. Motion made by Gadd/George to accept Supervisor Grant’s Financial statement, voting all ayes, carried.

Correspondence:

                November 17, 2010 meeting minutes from the Planning Board.

Meeting minutes from the Jan. 5th meeting of the Zoning board of Appeals.

Certificate of insurance received from The Country Plumber naming the Town of Bennington as additional insured on his liability insurance.

Memo from the Wyo. County Planning Board of a Spring 2011 Land Use Decision-Making Training Program in Monroe County, included a schedule of workshops.

Notice of a seminar scheduled for Feb. 23rd, 7PM “Understanding the Real Property Tax System” organized  by  Assessor Wittmeyer.

List of monies paid to the Town of Bennington from the Wyo. County Treasurer in 2010.

Letter from NYS Dept. of Transportation read re: the authorization of a 45 MPH linear speed limit on Kern Road.

Monthly and Annual Reports for 2010 received  from Assessor Wittmeyer and the Town Clerk.

 Supervisor Grant received a letter from Dadd & Nelson re:  Meeting with attorney regarding  American Towers.

Letter from Dadd & Nelson re: filing of Local Law #1 -2011 Establishing 30’ maximum height for accessory buildings.

Departments:

Zoning: Applicants applying for the ZBA are: Al Files, Aaron Linneman and Wally Popielinski.  Pat Wawrzyniak applied for the Planning Board. Town Board decided to interview them at the work session before the March meeting starting at 6:30 PM.

Special Use Permit – Gerald  Moscicki applied for a special permit to allow the trailer to be parked on his property at 295 Clinton St. After a discussion, a motion was made Mohun/Frounick to table the matter until next month.  Mr. Moscicki needs to supply a survey map and there is also pending legal action by Wyoming County (need to find out what’s happening there).  Voting all ayes to table the matter.

Assessment: Assessor Wittmeyer reported on the seminar scheduled for Feb. 23rd. She has invited Rick Dean from Wyoming County Real Property Tax Services and Melanie Koch from NYS.  Ms. Wittmeyer reported she’s been working with the State on the implementation of the new STAR exemption. New law prohibits home owners with an adjusted gross income of over $500,00 from participating in the STAR program. There are 6 people in this town which will be affected by it. She also addressed her Annual Report for 2010.

Supervisor Grant thanked Assessor Wittmeyer for her Annual Report.

Water Department: Diane & Jerry Savakinas were present to discuss water emergency issues. They had a meeting with Supervisor Grant and Highway Superintendent Jensen regarding the water main break that happened in Cowlesville in December. Supervisor Grant put together a draft “Emergency Procedure” pamphlet and sent it to the Wyo. County Health Department for their review/recommendations. The Savakinas reviewed the pamphlet with Town Board members informing Board Members that they can adopt it, but can’t enforce it. The Savakinas informed Town Board members of what the procedures are, who has to be at the site in an emergency to avoid water contamination from repair of the line break etc. They also suggested the town advertise for a licensed Water Systems Operator/or a student who is willing to take the course (it’s a one year course to get a license) but during that year could train with the Savakinas and if they feel comfortable could allow him/her to do some of the duties.   

Diane Savakinas asked if received any results in obtaining other contractors interested in providing emergency repair services .  Supervisor Grant reported she received rates from Mar-Wal and Nichols, Long & Moore, still looking to receive a third one.

Meter Vault on Clinton Street  - Supervisor Grant reported that she received notice that Chatfield Engineering is ready to go out to bid on installing the meter vault. Ms. Grant read the resolution that is required to move forward on this project and authorize Chatfield Engineers to prepare and advertise specifications for the installation of water meter vault and connection, and sampling station, with bid opening to be March 4, 2011 and awarded on March 9, 2011.  Motion made by Mohun/Frounick to approve the resolution, voting all ayes, carried.

Highway Department: Superintendent Jensen reported that a logging company questioned procuring a bond (what the town requires) for 2.2 miles of Maxon Road from Clinton Street South to cover any damage they might do to the road during their logging project.  They purchased a bond in the amount of $50,000. Mr. Jensen had Mike Hardie review it and everything looks okay.

Mr. Jensen informed Board Members that he has 2 bids for the 3 overhead doors up at the highway barn, one for $9500 and one for $11,000. Waiting for one more, just wanted to let Board Members have an idea of how much money talking about.

He also reported that he has deactivated the alarm system up at highway barns. Snow blowing through the soffit keeps setting it off, also reported that the new truck is here.

Supervisor Grant reported that with Gov. Cuomo’s proposed budget, the CHIPS program is still in tact with no changes proposed. She also reported that at the last meeting of the County Public Works Committee, Co. Highway Superintendent Todd Gadd reported that there is a website for federal surplus

equipment which he utilizes, (will get that info for Rick).

Mr. Jensen informed Board Members that the FCC frequency used for the County Highway is being changed in 2013 and he’s been asked to check all of the town’s radio’s to ensure that they will work under the new frequency when they switch.  There will be grant money available to help defray some of the costs in replacing the radios that won’t operate under the new frequency. Town has 11 radios, 2 portables and a base (base is 35 years old), looking at half of them to be replaced. Cost new is $598 installed.

Parks & Recreation:  Supervisor Grant reported all of the necessary paperwork for the grant for the bathrooms/recreation equipment for the park has been  filed with the state.

Ms. Grant also reported that the Wyoming County Youth Bureau is looking for nominations for the 2011 awards for volunteer services. Looking for nominations for Outstanding Service by Youth, Outstanding Adult Volunteer, Outstanding Adult Career Service to Youth and Outstanding Organization Service to Youth.  Deadline for nominations is Feb. 18, 2011. Supervisor Grant has copies of the nomination forms and has also put one in each of the Town Board’s packets.

She also reported that the town received the check today from the state for the 2010 recreation state aid in the amount of $1043. Also reported that it’s not very encouraging about the youth budget that is proposed in Gov. Cuomo’s budget, looks like it going to get cut severely in the governor’s final budget. Town will then have to re-evaluate the program, on how the town is spending that money.

Also have an ad in the paper for a recreation director, John Perl has volunteered to do baseball, softball this year and is already having sign-ups, also a couple of people may be interested in running the swim program. So that leaves the soccer and the holidays (Easter egg hunt and Christmas). Hopefully can get a group together that can take some of that stuff on. Short discussion held.

Transfer Station: Supervisor Grant has prepared an annual report, (all Board Members have a copy) reviewed it board members. Supervisor Grant reported that effective April 1st, there is a new state law that was adopted last year, law becomes effective April 1st, but due to the fact that Bennington has an established relationship with Regional Recycling whom informed Bennington that they would honor the state law immediately, therefore Bennington no longer has to pay to have our electronics recycled/removed. They will pick up the electronics, strip them down, recycle what they can and file all of the reports with the state. We no longer have to charge residents for bringing them up, state tax dollars now paying for it. Since it was noted in the annual report that the credit given to the agents for selling the punch cards was not reflected in it, a revised report will be done.

Public Concerns:  Supervisor Grant asked if anyone has any concerns at this time. None

Comments on Local Law #B-2011, Extending the Moratorium on Certain Land Uses & Buildings: Supervisor Grant asked if any comments. This is a renewal of the existing moratorium that the town has extending it for another year, to sum it up, it’s effective for one year following the effective date of this law or sooner if the Town Board determines that the intent and purpose of this law has been satisfied, the Planning Board and the Code Enforcement Officer of the Town of Bennington shall not accept, process, review or grant approval of any landfill, mobile home park, application for placement of a mobile home, commercial or residential wind energy conversion systems or any illuminated sign or sign in excess of twelve (12) square feet.  Supervisor Grant stated that the town has been doing some work on the Wind Energy law, will have to step that up and also the Planning Board has been working on the sign law. Motion made by George, seconded by Mohun to close the Public Hearing, voting all ayes, carried, Public Hearing closed at 8:56 PM. Motion made by Mohun to adopt Local Law B-2011 (now becomes Local Law 2-2011), seconded by Frounick, voting all ayes, carried.

Old Business:  2011 Appointment- Need approval of the following: Town Prosecutor-James Wojcik, Grievance Board Secretary – Judy Brown and Water System Inspector – Jerry Savakinas and also the 2011 Salaries for the Voting Machine Custodian -$110/machine/election and Water System Inspector -$16.30/hour. Motion made by Gadd/George to approve the appointments and salaries. Voting all ayes, carried.

New Business: Approve Town Clerk’s Annual Report: After review a motion made by George/Frounick to accept the Town Clerk’s Annual Report for 2010, voting all ayes, carried.

Approve Audit  of 2010 Town Financial Records – Supervisor Grant read the resolution. After a short discussion, a motion was made by George to table the approval of the 2010 Town Board Audit Resolution until the Town gets the results of the audit to be done by Don Prysbyl  in March.  Motion seconded by Mohun, voting all ayes, carried.

Resolution – Cowlesville Fire Company By-Laws Amendment – The Attorney for the Cowlesville Fire Company has sent a Certificate of Amendment of the Cowlesville Fire Company Inc. for Town Board approval. After a short discussion and since not sure of what this is about, a motion was made by Gadd, seconded by George to e-mail a copy first to the Association of Towns and if they can’t respond, then send it to the town attorney for their input. Motion seconded by George, voting all ayes, carried.

Councilman George asked if anytime, the Town passes a Local Law, can a copy of it be given to the secretary of the other boards. Clerk reported she tries to send copies to the other board now, especially if it pertains to them. He questioned the new law on the 30’ height limitation. Clerk reported that the Secretary was given enough copies for ZBA and Planning board members.

Councilman Frounick reported that the Bennington Fire Dept. is sponsoring a gun raffle on March 20th.

There being no further business, a motion was made by Mohun to adjourn. Meeting adjourned at 9:17 PM.

                                                                                                                                Respectfully submitted:

 

                                                                                                                                Judith Brown, Town Clerk