January 9, 2008                            Work Session                                              6:30 PM

 

Supervisor Grant along with Council Members Frounick, George, Gadd and Mohun audited the Highway, General Fund and Special District claims. Councilman George reviewed his concerns with the proposed sub-division law.

 

 

January 9, 2008                         Organizational/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  Gadd, Frounick, George and Mohun, also Assessor Whittmeyer and Zoning Officer Kelly.

 

Supervisor Grant opened the Organization Meeting at 7:39 PM.

 

Set Salaries, Fees and Other Financial Matters:

Supervisor Grant asked for approval of the following salaries as per the 2007 budget:

 

                                    Supervisor                                         $5000.00

Council Members (4) @                      1,875.00 each

Town Justice (2) @                             4,200.00 each  

                                    Highway Superintendent                    39,685.00

                                    Town Clerk/Collector                        15,250.00

                                    Budget Director                                      435.00                      

                                    Town Assessor (sole)                        20,400.00

                                    Zoning Officer                                     4,650.00

                                    Planning Board Members                           14.25/meeting

Zoning Board Members                             14.25/Meeting

Chairman, Planning Board                          17.35/Meeting

Chairman, Zoning Board                            17.35/Meeting

Secretary, Planning Board                            8.15/hour

                                    Secretary, Zoning Board                              8.15/hour

                                    Grievance Board Members                          9.15/hour

                                    Secretary, Grievance Board                         8.15/hour

                                    Court Clerk                                           6,500.00

                                    Town Bookkeeper                                3,150.00

                                    Town Custodian                                    1,624.00

                                    Voting Machine Custodian                    110.00/machine

                                    Transfer Station Operator                      4,600.00

                                    Town Historian                                         128.00

                                    Town Attorney                                      As per voucher

                                    Town Park Maintenance Person, up to, but not to exceed

                                   (Includes mowing at the town hall)            3,275.00

                                    Part-time Seasonal highway                      10.71/hour

                                    Transfer Station Assistant                          7.85/ hour

                                    Recreation Director                                   550.00

                                    Town Prosecutor                                    3,500.00

                                    Water System Operator @ $15/day)      5,475.00

                                    Water Clerk                                              200.00

                                    Water Maintenance Superintendent         1,500.00

                                    Dog Enumerator                                             .75/dog

 

Motion made by Gadd, seconded by Frounick to approve the above salaries.

 

Fees for town zoning laws for 2008:

 

                                    Variance                                     -             $125.00

                                    Special Use Permit                      -               125.00

                                    Special Use Permit (under moratorium)        125.00

                                    Special Use Renewals                                 10.00/year

                                    Zoning permits under 400 Sq. Feet                 25.00

                                    Zoning permits over 400 sq. feet                     50.00

                                    Home occupation permit                                 50.00

                                    Home Occupation, yearly renewal                   10.00                

                                    Sale of zoning books                                       12.00

                                    Application to re-zone                                   500.00

                                    Tower Special Use Permit fee                       2000.00

                                    Building Permit fee for Towers

                                                First 100 feet                                              1000.00

                                                Next 100 feet (or part thereof)                      600.00

                                                Each 100 feet thereafter or part thereof          400.00

                                               Co-location Application fee                           1000.00

                                                Co-location Building permit fee                     1000.00

Other Fees:

   Park Rental                                                    25.00

                                                   Park deposit                                                   25.00

                                           Copies of official documents                                       .25/page

Park deposit is refunded if no damage and left in the same condition as found. Motion made George, seconded by Frounick to approve the above town fees, voting all ayes, carried.

 

Official rate for mileage while on Town Business: Supervisor Grant reported the IRS rate is .505/mile for 2008, was .445/mile in 2007 After short discussion a motion was made by George to set the mileage rate @ .45/mile, seconded by Frounick, all ayes, carried. It was also noted that this could be changed at any time during the year.

 

Official Town Banks - Supervisor Grant asked for approval of the following:

            General Fund checking                           Five Star Bank

            Highway Fund checking                         Five State Bank

            Trust & Agency                                     Five Star Bank 

            Reilein Account                                     Five Star Bank

            Town Clerk Account                             Alden State Bank 

            Tax Collector Account                          Five Star Bank

            Justice Court Account                           Five Star Bank

            Cowlesville Water District                     Five Star Bank

            Certificates of Deposit                           Bank with best interest rates

 

 

Councilman George said that last year they talked about switching banks in the middle of the year, is there any talk of that. Supervisor Grant reported that she has had discussion with Chase and clerk reported that she discussed the matter with the Bank of Castile early in December, one of the directors was suppose to contact her, they didn’t, and when someone did get back to her, it was too late to switch for this year. Mr. George questioned the attorney’s bill, has anything been done. Supervisor Grant reported they are still working on it. Motion made by Frounick, seconded by George to approve the above financial institutions for the town, voting all ayes, carried.

 

Notice of Meeting Dates, Times, Locations and other legal notices:          

Official Meeting dates:

Town Board - 2nd Wednesday, 7:30 PM at the Bennington Town Hall with a work session beginning at 6:30 PM

            Planning Board - 3rd Wednesday , 7 PM 

            Zoning Board - 1st Wednesday, 7 PM

           

Official Election Places - Cowlesville Fire Hall and Bennington Town Hall

 

Official Newspaper - The Daily News

Official Town bulletin boards - Town Clerk’s, Town Hall.

 

Motion made by Frounick to approve the meeting dates, election places, legal notices matters and official bulleting board, seconded by Gadd, voting all ayes, carried.

 

 

Appointments:

Supervisor Grant asked for approval of the following appointments

                                    Town Attorney                                        Eric Dadd

                                 Zoning & Fair Housing Officer                    Kari Kelly                

                                    Transfer Station Operator                        John Wojtkowiak

                                    Voting Machine Custodian                       Jean Perkins

                                    Registrar                                                  Judith Brown

                                    Fire Warden                                            Joseph Pomana

                                    Fire Warden                                            Keith Huber

                                    Constable                                                Joe Heller

                                    Bookkeeper                                            Carol McEwen

                                    Budget Director                                       Ellen Grant

                                    Town Historian                                        Jean Rudolph

                                    Court Clerk                                             Christa Dake

                                    Planning Board Chairman                         Robert Gadd

                                    Zoning Board Chairman                           Gary George

                                    Secretary, Zoning Board                          Debbie Kipp

                                    Secretary, Planning Board                        Debbie Kipp

                                    Town Rep- Inter-Comm. Medical Brd.    Beatrice Pfaff

                                    Town Janitor                                           Carolyn Mruczek

                                    Off. Of the Aging Representative              Joseph Biechler

                                    Town Park Custodian                              Dante Caselli

                                    Wyo. County Planning Board Rep.          Walter Stevens

Assessor                                                  Kandance Whittmeyer         

                                    Water System Operator                           Diane Savakinas

                                    Water System Inspector                          Gerald Savakinas                  

                                    Water System Maintenance Person          Richard Jensen

                                    Water Clerk                                            Judith Brown                                                             Recreation Direction                                Terri Beal

                                    Deputy Supervisor(s):

                                                Jan. - June 2008                           Council Member Frounick

                                                July - Dec. 2008                           Council Member Gadd

                                                Jan. - June 2009                           Council Member George

                                                July - Dec. 2009                           Council Member Mohun

 

Motion made George to approve the above appointments, seconded by Gadd, all ayes, carried.

 

Audit Date - Board set Thursday, January 17th, 6:30 PM to audit the town records.

 

 

 

Regular Meeting

 

Supervisor Grant declared the Regular Meeting open.

 

Supervisor Grant introduced Gary Cousins, Wyoming County Director of the Veterans Service Agency. Mr. Cousins addressed the Town Board in regards to the new legislation passed by the state to make cold war veterans eligible for tax exemptions.  Although this law has been passed by the state it must also be passed at the county and town levels to make the veteran eligible. Mr. Cousins warned the town they must be careful if and when they do pass this law because the war time veterans exemption is capped at 15% and if not careful could make the cold war veterans eligible for more than 15% depending on how they do the law. He handed out material for the Town Board to review and strongly suggested they do something.  He also wants to get the word out to inform ALL veterans to register with the county.

 

 

Minutes of the Dec. 12th - Supervisor Grant asked if any corrections or amendments.  Motion made by Gadd, seconded by George to approve the minutes as submitted, voting all ayes, carried.

 

 

General Fund claims # 1-18 totaling $4,665.74 presented.  Motion made by George to approve the General Fund claims submitted, seconded by Frounick, all ayes, carried.

 

Highway claims #1 - 12 totaling $19,609.43 presented. Motion made by Frounick, seconded by Gadd to approve the Highway claims, all ayes, carried.

 

Special District Claims: Cowlesville Street Lighting claim #1 in the amount of $189 and Cowlesville Water District Claims # 1 & 2 totaling $833 presented.  Motion made by George to approve the Special District claims, seconded by Gadd, all ayes, carried.

 

Supervisor’s 2007 December financial statement - Councilman George questioned the Water District CD. Supervisor Grant stated it’s coming due will be renewed for 60 days.  Motion made by Gadd, seconded by George to accept the supervisor’s finance reports as submitted, all ayes, carried.

 

Transfers for 2007 -  Supervisor Grant asked for approval of the following transfers within the General Fund:

 

To increase appropriations and transfer into

 

            A1110.4 Justice Contractual                       $3,660

            A1330.4 Tax Collector Contractual                 803

            A1355.1 Assessment - Personal Services          46

            A1410.4 Town Clerk Contractual                    115

            A1450.1 Elections - Personal Services             125

            A1450.4 Elections - Contractual                        25

            A1620.1 Buildings - Contractual                        47

            A5010.4 Highway Admin. - Contractual        2,229

            A7310.4 Youth Programs - Contractual           287

            A7520.4 Historical Property - Contractual     2,197

            A8010.1 Zoning - Personal Services                466

            A8010.4 Zoning - Contractual                         188

            A8160.4 Refuse & Garbage- Contractual      6,345

            A9010.8 State Retirement                             3,952

                    $20,485

 The $20,485 to come from the following accounts:

 

            A1220.4 Supervisor - Contractual              $      500

            A1420.1 Law - Personal Services                    3,275

            A1440.4 Engineer - Contractual                       2,000

            A1620.4 Buildings - Contractual                       5,770

            A1650.4 Central Comm. - Contractual                235

            A1990.4 Contingent Account                           8,705

                                                                                $20,485

 

Highway Fund - To increase appropriation and transfer into the following:

 

            5112.2 General repairs - Personal Services      $18,460

            5110.4 General Repairs - Contractual                65,089

                        Machinery - Contractual                        63,003

$146,552

 

The $146,552  to come from the following:

            5112.2 Permanent Improvements - Capt.       $  60,000

            5142.4 Snow Removal - Contractual                 10,000

            5148.1 Ser. Other Gov. - Personal Services       31,000

            5148.4 Ser. Other Gov. - Contractual                42,000

            9010.8 State Retirement                                      3,298

            9050.8 Unemployment Ins.                                     254

             $146,552

 

Motion made by George to approve the above transfers, seconded by Gadd, voting all ayes, carried.

 

Correspondence & Petitions:

Letter dated Dec. 27th from the Planning Board requesting a lap-top computer for their secretary.

Letter dated Jan 2nd from the Zoning Board of Appeals supporting the Planning Board’s request for a lap-top computer for their secretary.

Notice of Public Hearing received from the Town of Sheldon scheduled for 8:30 PM on January 15th to consider Local Law #1 - 2008, “Establishing the right to farm Legislation”

Certificate of Liability Insurance received from the County of Wyoming naming the Town of Bennington as additional insured on their liability policy.

List of Monies paid to the Town of Bennington from the Wyoming County Treasurer during calendar year 2007.

Correspondence from the Assoc. of Towns regarding their Annual Meeting and Training School in NYC in February.

Memo from the Wyo. Co. Planning Board re: Training for Local Planning & Zoning Officials.

Letter read from NYSEG re: Mercury vapor lamp ballasts being replaced with metal halide fixtures.

Certificate of Completion of the Basic Education Course from the Unified Court System of the State of New York received for Justice Brown.

2007 Year-End Report from the Town of Bennington Planning Board.

December Monthly Report from the Town Clerk.

Town’s Clerk’s 2007 Annual Report.

Supervisor Grant received a letter from the Bennington Fire Company requesting an advance payment of $20,000 on their contract.

 

No petition received.

 

Public Matters: Kari Kelly stated that there was money in last year’s budget for the park bathrooms, is that project going to happen, will it be done in the next few months by the time recreation starts.  Told the Board still plans on pursuing this project, it won’t be done by early Spring, the price came in high 20 -25 thousand, the board now has to revise the existing plans or find another way of getting the job done.

Debbie Kipp asked about the zoning maps - Supervisor Grant reported that the County now had GIS capabilities, maps aren’t quite as detailed but maybe can go that route for the time being.

Kari Kelly about the Eric Dadd’s bill - reported that still working it out.

 

Town Departments:

 Zoning - Zoning Officer Kelly reported she sent Schlossin a letter but in looking at the situation, she thinks he’s just parking his vehicles there. Kari is considering getting complaint forms and asked where/how to get them, so she has something to act on, gets calls all the time, people complaint about their neighbor but the caller won’t give their name. Told she could contact other zoning officer, they may have forms.

 

Assessor - Ms. Whittmeyer reported she has sent out all of her notices with forms for the renewals for the Exemptions, Ag, Veteran &  Star renewals. She also feels it’s important for the town to consider the new legislation regarding the cold war exemptions.

 

At this time Councilman George was excused from the meeting.

 

Parks/Recreation  - Kari Kelly reported that President’s Day will be “ski day” for Bennington residents. March 2nd will be the Easter Egg Hunt. Looking for the baseball schedule so that they can schedule T-ball around it and get soccer program in (which was very successful last year), but can’t seem to get their hands on a baseball schedule. Told the schedule is on line, just go to “6 towns baseball”. Still looking for grants for play ground equipment, have estimate of around $50,000, reported the theme basket at the Cowlesville flea market raised $1,000 but looking for different fund raisers and volunteers.

 

Transfer Station  - Have a couple of estimates to replace the compactor, Councilman George brought one in tonight to replace the hopper for $14,000. Decided to table and keep looking.

 

Old business - Office for the Aging, meal site location for Winter months. At the year-end meeting discussed the possibly of moving it downstairs here in the Board Room. Supervisor Grant met with the County Site Coordinator and Director, they felt that all they would need is two tables and a sink (can use the utility sink) that it was a good idea and will start the end of January.

 

Local Law #8 - 2008 Sub-Division Law - Negative declaration for  SEQR purposes. Last month board declared themselves at the Lead Agency and since it’s a town wide scope, a full SEQR review must be conducted. The County Planning Board has submitted their response with recommendations and Councilman George reviewed some items with the Town Board in the Work Session tonight. The Public Hearing is scheduled for the February meeting. Supervisor Grant reviewed the SERQ with Board Members. Motion then made by Mohun, seconded by Gadd to declare a Negative Impact on the Sub-Division Law for SEQR purposes. Voting all ayes, carried. Supervisor Grant will incorporate the concerns of the County Planning Board and those of Mr. George and have a final draft ready by the end of this month.

 

Town Prosecutor -Supervisor Grant reported that money has been put in the budget and Former Justices Emerling and Mohun have both expressed their interest in the hiring of a town prosecutor. Supervisor Grant suggested Vince Hemming who the County Assistant District Attorney and resides in our town. Mr. Mohun was present and informed the Board that since you can no longer plea deal speeding tickets, all of the fine money now goes to Albany. Before, a speeding ticket could be dropped to a parking/equipment violation and the fine money stayed in the town. Now, fines for speeding tickets goes to the state, DWI money goes to the county and all other money goes to the town. Town revenues has dropped considerably in the past year. If the town hires a town prosecutor, could also be used for other matters, such as zoning issues. Discussion held. Supervisor Grant asked board members if they wanted to create the position. Councilman Gadd asked if going to contact one person or keep open. Councilman Frounick would just as soon keep it local. Mr. Gadd feels local get preference and asked if can appoint one person or do they have to find out who’s interested in it, can they legally give it somebody and not open it up to others. Board members felt this would be the same as hiring a lawyer, they just go out and hire one. Mr. Gadd just wants to make sure the board is covered.  Motion made by Frounick to create the position of town prosecutor for one year, see how it works out.  Motion seconded by Mohun, voting all ayes, carried.

 

New Business: Appointments to Zoning and Planning Boards. Zoning Board - Mike Magrum wishes to be re-appointed. As for the Planning Board, Kari Kelly doesn’t want to be re-appointed, does the board want to advertise. Discussed whether the alternate should automatically move up to fill the position. Supervisor Grant stated the idea of the alternate member was to make a quorum, if she/he wants to be a member, can submit a letter. Motion made by Mohun, seconded by Gadd to re-appoint Mike Magrum to a 5 year term on the Zoning Board and authorize the clerk to advertise for a member on the Planning Board.

 

Lap-top computer for the Planning/Zoning Board - Supervisor Grant reported her only concern was that after the Paul Roll deal where he had one computer at the town hall and another in his home office, the town board wanted to get all of the equipment on town property, not sure yet whether good policy, she has been looking at lap-top prices and they are a lot more than $900. Kari Kelly asked about the internet in the assessor/zoning office. Ellen thought that they already had it. After short discussion will see that it gets done for the assessor/zoning and court’s office. After short discussion, decided to table the lap-top computer until next month to check on pricing.

 

Office for the Aging - Renewal agreement for 2008, same as in past years, they have already provided their certificate of insurance. Motion made by Frounick to authorize the supervisor to execute the agreement, seconded by Gadd, all ayes, carried.

 

Sheriff-Sub-Station renewal agreement, same terms $50/month and ˝ of the internet bill. Motion made by Frouncik to approve the Sheriff’s Sub-Station agreement, seconded by Mohun, voting all ayes, carried.

 

Bennington Fire Company Request (advance payment of $20,000 on their fire contract)- Councilman Gadd asked if the town has the money. Told yes, supervisor has received all the fire company money from the tax collector tonight. Mr. Gadd wanted to know how much interest would be lost. Councilman Frounick pointed out that what the board doesn’t know is that if the Highway Department asked the fire company to flush a slouce pipe or what ever, they take a fire truck out and do it, so one hand washes the other.  After a short discussion, a motion was made by Gadd, seconded by Mohun to authorize the supervisor to cut an advance payment in the amount of $20,000 of their contract money to the Bennington Fire Company. Voting all ayes, carried.

 

Council Member Mohun reported she has been working on a local law regulating wind energy. She got copies of Stafford’s Law, who is totally against wind energy and a copy of Castile’s law, who allows, but regulates and put together one for the town of Bennington. She feels this is something that important and would like the town to consider. She gave Board Members copies of the law to review.

 

There being no further business, a motion was made by Gadd to adjourn. Meeting adjourned at 9:52 PM.

 

                                                                                                Respectfully submitted

                                                                                                Judith Brown, Town Clerk