July 13, 2011                                           Work Session                                    6:30 PM

Supervisor Grant along with Council Members, Mohun, Frounick and Gadd audited the Highway, General Fund and Special District claims. Board Members discussed Deputy Town Clerk’s position and met with Bruce Sitzman, candidate for the Water System Operator position.

 

July 13, 2011                                           Regular Meeting                               7:30 PM

Supervisor Grant declared the meeting open and asked Council Member Mohun to lead the pledge to the flag.  Present were Council Members Mohun, Frounick and Gadd, also Superintendent Jensen. Councilman George and Assessor Wittmeyer arrived after the meeting started.

Minutes of the June meeting: Supervisor Grant asked if any corrections or amendments. There being none, a motion was made by Mohun/Frounick to approve the minutes as submitted. Voting all ayes, carried.

General Fund claims #182 – 218 totaling $19,147.19 presented.  Motion made by Frounick/Mohun to approve the General Fund claims submitted, voting all ayes, carried.

Highway claims #194 – 228 totaling $33,459.54 presented.  Motion made by Mohun/Frounick to approve the highway claims submitted, voting all ayes, carried.

Special District claims: Cowlesville Street Lighting claim #7, ($165.73) and Cowlesville Water  District claims #32 – 41 totaling $12,640.15. Motion made by Gadd/Mohun to approve all but, not to pay the last two vouchers until get more clarification/breakdown of the mileage. Voting all ayes, carried.

Supervisor’s Monthly Financial Report for June: There being no questions, a motion was made by Mohun/Frounick to accept Supervisor Grant’s financial statement, voting all ayes, carried.

Correspondence:  Notice from Wyoming County Soil & Water Conservation District notifying the town that they will be conducting a review of NYS Agricultural District #4 parcels.

Zoning Officer Kelly’s list of 2011 zoning applications.

Letters from NYS Department of Transportation stating that they have received the TE-9 forms requesting lower speed limits for Rt.77 between the electric station at the top of the hill and the cemetery south of Rt. 354 and  Rt. 77 also Rt. 354 between Bennington Center and Tinkham Road. The NYS DOT will be investigating those areas.

Meeting minutes received from: May 4th Zoning Board of Appeals; May 18th Planning Board.

Certificates of Insurance naming the Town of Bennington as additional insured on their liability insurance received from Morsch Pipeline, CBL Snyder Corp. and Mar Wall Construction.

Town Clerk’s Monthly Report; Copies of letters that Z.O. Kelly sent to 4 home owners who are in violation.

Supervisor Grant received a letter dated July 8th from Chatfield Engineers re: pay application #2  in the amount of $9,027.47 for review and execution.

Letter dated July 7th from the Erie County Water Authority Re: Amendment #1, Bulk Sales Agreement with the Town of Bennington, along with an extract from their July 7th meeting minutes of the Erie County Water Authority approving Amendment #1, Bulk Sales Agreement with the Town of Bennington.

Fax from the Wyoming County Office of Emergency Services notifying towns that Wyoming County is eligible for FEMA money due to the severe storms April 26th – May 8th with a possible extension through May 30th.

 

Departments:  Water – Supervisor Grant reported that everything is all in and hooked up at the meter vault on Clinton St. Now just have to wait for Erie County to do all of their testing and flushing before we can turn the water on.

Supervisor Grant reported that Last month received a letter from Diane and Jerry Savakinas requesting a $5 per day increase in their salary due to the new meter vault on Clinton Street. Will be daily testing and mileage involved as well as the necessary paperwork.  They haven’t had a raise since they started. It was tabled last month because at this time of year, Supervisor Grant looks at all of the expenses and income. After a short discussion, a motion was made by Mohun/Frounick to approve the $5 increase, voting all ayes, carried.

Appointment of new Water System Operator is being tabled at this time, waiting for the feedback from Alden.

Pay Estimate #2 in the amount of $9,027.47payable to Morsch Pipline, Inc. for the installation of the meter vault on Clinton Street. Project is now 95% complete. Supervisor Grant asked for a motion to execute Pay Estimate #2.  Motion so made by Mohun/Frounick, voting all ayes, carried.

Highway – Superintendent Jensen reported that he attended a FEMA meeting today and is looking into submitting an application. Needs to get a few things together, Duns number and copy of the Drug Free Work Place policy, has 7 days to get everything in.

Mr. Jensen reported that he called Modern to come out and get the tires.

Town has 3 overhead doors: (1) 14’2” wide x 12’; (1) 14’ wide x 12’ and (1) 16’ wide x 12’, with track and hardware. He recommended that the Town Board declare them surplus and advertise for bids as is. Motion so made by Frounick/Gadd, voting all ayes, carried.

Superintendent Jensen reported he received a call last week asking if he wanted to go on the county’s bid for salt. He agreed, It will be a two year contract  the county will be bidding on.

Mr. Jensen reported that the roof of the pavilion at the park is in sad shape and recommends repairing it this year. They noticed it when they were up there turning the water on.

Zoning: Special Permit Applications: Clerk reported that Maurice Shaw and Jerilynn Mazur no longer needs their permit. Their business is entirely in Alden now.

Jay Meyers, 377 Bear Road – need to accept his application, refer to the Town Planning Board and schedule a public hearing for next month.  Motion so made by Mohun/Frounick, voting all ayes, carried.

Josephine Savaglia – Last month her special permit renewal application was tabled. Town Board Members not sure what was going on so they requested she attend the meeting tonight. Ms. Savaglia informed Board Members that she has applied for her sewer permit, hopes to have that this week, once that is done will get the well drilled.  She submitted to the Zoning Officer, plans for a house. Supervisor Grant stated that the reason that this wasn’t approved last month was because the town wasn’t sure what was going on with the well and septic. Short discussion held on their application, the conditions of their approval last year was to have the sewer and well done in one year and they haven’t complied. Council Member Mohun asked them where they were going to have the service (water & sewer) hooked up to the trailer or the new house. They informed the board the house was being put off for now and everything will be hooked into the trailer.  She asked him if when the house is built, will be trailer be gone. He said yes, probably. Motion made by Gadd to renew for one year, seconded by Frounick. Supervisor Grant asked to include a recommendation to the Zoning Officer noting that the town has approved the Special Permit for one year and that there should be a follow up that the septic permit be approved.  Voting all ayes, except for Council Member Mohun voted nay.

Special Permit Application for Michael Justinger, 2003 Clinton St. – Mr. Justinger has applied for a zoning permit to put up a 42’ x 72’ storage building to store his landscaping equipment which is now sitting outside. Due to the fact that he has a special permit and is on a state highway, this went to the County Planning Board and to the Town Board to see if this might in any way have an impact on the special permit. After discussion and review of his application, the Town Board found no problems. A motion was made by Frounick/Mohun to authorize the Zoning Officer to execute his zoning permit for the storage building. Voting all ayes, carried.

Special Permit Renewal for Michael Fontaine (Clapps Mills), Church & Ortner Road.  Mr. Fontaine is requesting a one year renewal for use of the former church as a sales office.  Still unsure of its future use. Motion made by Mohun/Gadd to approve Mr. Fontaine’s permit for one year, voting all ayes, carried.

Special Permit for Mr. Moscicki – This application was tabled a few months ago, Mr. Moscicki was asked to present a survey of the property, town wanted to ensure he wasn’t on any state right of ways. Mr. Moscicki has failed to submit a survey map. After a discussion, a motion was made by Gadd/Mohun that the Town Board is not accepting his application, because it’s incomplete and no refund is to be given. Voting all ayes, carried.

Assessment – Assessor Wittmeyer gave each Board Member a copy of her report and reviewed it with them. Ms. Wittmeyer informed Board Members that they should be very thankful that they have Wyoming County Real Property, they are very helpful to the assessors, do whatever they can for them. The assessors do not get the same service from other counties. Supervisor Grant reported that the county is talking about county wide assessment. Have about 3-4 assessors that are going to retire, as she understand the town won’t have to opt in if they do not want to. Assessor Wittmeyer reviewed the tax cap, not everyone understands, not what some people think. The tax cap is based on assessment, not on the tax rate.  Supervisor Grant thanked her.

Councilman Frounick asked about the AT&T tower. Told the lawyers are handling that, Dave Nelson has been working on it.

Deputy Zoning Officer – Tina Mest interviewed with Board Members. Board Members discussed hours she would be working and salary.  After the discussion, a motion was made to appoint Tina Mest, Deputy Zoning Officer, 4 hours/month or as determined by Supervisor Grant, at $10/hour. Motion seconded by Frounick, voting all ayes, carried.

Transfer Station: Renewal of Contract with Waste Management. Supervisor Grant asked for permission to execute the contract with Waste Management, same as before, same rates. She and the rep. from Waste Management talked about the electronics, since Waste Management deals with the same vendor the town does for disposal of the electronics, decided to keep doing what we’re now doing, call Regional Recycling when we want them to pick up. Looking into boxes for the fluorescent light bulbs and containers for small batteries. Motion made by Mohun/Gadd to authorize Supervisor Grant to execute the contract with Waste Management, voting all ayes, carried.

Recreation Program/Park: Need to sit down and update the plans for the restrooms.

Public Concerns: None

Old Business: Copier – Town received the maintenance agreement for the new copier at $395. In January town paid $614/year for the maintenance agreement for the old copier. Clerk asked Board Members what they wanted to do with the old copier.  If going to keep, use in another department, no problem, but if going to get rid of, clerk would call and try to negotiate the maintenance agreement.  After a discussion, a motion was made by Mohun/Frounick to declare the old copier as surplus equipment and advertise for bids along with the overhead doors, voting all ayes, carried, The clerk will also try to negotiate the maintenance agreement.

New Business: Cowlesville Fire Department contract for 2012.  The Cowlesville Fire Department is asking for a three (3) year contract at $75,000 per year. They have reduced the $75,284, 2011 rate by $284 to make a flat rate of $75,000. Motion made by Mohun/Frounick to schedule a public hearing for the August Town Board Meeting. Voting all ayes, carried.

NYS Retirement System Resolution –Clerk reported that she reported the hours that the court clerk, zoning officer and town prosecutor kept for the first three months of this year to the New York Retirement System. She received a phone call from Michelle Caruso questioning the hours and asked why different from last year. Clerk informed her that the court clerk, zoning officer and town prosecutor are appointed officials, appointed on a yearly basis and those reported are the hours they worked this year. All of the other officials did not record their hours this year because their term of office hasn’t ended.  Ms. Caruso informed her that the town must establish by resolution, a term of office for them and that the hours only need to be kept and reported every eight years, unless it’s a new employee in that position. Supervisor Grant read the resolution. Motion made by Frounick, seconded by Gadd to approve the resolution establishing as a standard  term of office for the appointed officials namely Zoning Officer, Court Clerk and Town Prosecutor as yearly, January 1st through December 31st. 

Boy Scout Day in the Town of Bennington – August 13th – Supervisor Grant read letter from Mark Czerniak  requesting use of the town hall for Saturday, August 13th for an Eagle Court of Honor ceremony. Supervisor Grant feels that this is a big accomplishment and Boy Scouts in general do a lot in the town, she asked Board Members to declare August 13th as Boy Scout Day in the Town o Bennington recognizing all Boy Scouts. Motion so made by Gadd/ Mohun, voting all ayes, carried.

Town Bookkeeper – Supervisor Grant received letter of resignation from Bookkeeper, Carol McEwen-Verney effective July 31st and since this is her appointment, she asked for approval of June Spencer as her bookkeeper. Motion made by Frounick, seconded by George to approve June Spencer as Town Bookkeeper effective August 1st. Voting all ayes, carried.

Deputy Town Clerk – Clerk asked to have Carolyn Mruczek approved as Deputy Town Clerk effective August 1st, try and see how it works out. Motion made by George to approve Carolyn Mruczek as Deputy Town Clerk at 10 hours/month, $10/hour.  Motion seconded by Frounick, voting all ayes, carried.

Bond Anticipation Note for Cowlesville Water District  for the new meter vault - Supervisor Grant asked for approval of a resolution for a Bond Anticipation Note in the amount of $70,000 for improvements to the Cowlesville Water District, said BAN to expire November 10, 2011. Supervisor Grant reported at that time, the $70,000 will be incorporated in the yearly BAN, which is due for renewal at that time. Motion made by Mohun/Frounick to approve the resolution for the BAN in the amount of $70,000 to expire November 10th.  Voting all ayes, carried.

Drug Free Work Place Resolution – Thinks that the policy was already established/required for another grant. But in case we can’t locate it, Mr.  Jensen needs copy in 7 days for the FEMA grant. A motion was made by Mohun/George to adopt the county’s policy. Voting all ayes, carried.

Councilman Frounick asked if anything new on extending cable service in the town to residents who do not have it. After short discussion Supervisor Grant will follow up.

There being no further business, a motion was made by Mohun to adjourn. Meeting adjourned at 9:27 PM.  Voting all ayes, carried.

                                                                                                Respectfully submitted,

 

                                                                                                                                Judith Brown

                                                                                                                                Town Clerk