June 8, 2011                                                       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 highway superintendent’s position. Mr. Gadd reported that the buy out deal for the loader is no longer there.

 

June 8, 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, Gadd, George, Frouncik and Mohun.

May Minutes: Supervisor Grant asked if any corrections or amendments: Council Member Mohun stated that on page 35, sign for cemetery, she is not purchasing a sign for the cemetery, she has a friend who is making one for her. There being no other corrections or amendments, a motion was made by Mohun, seconded by Frounick to approve the minutes as amended. Grant, Mohun, Frounick and Gadd voted aye. Councilman George abstained.

General Fund claims #151 -181 totaling $9,239.77 presented. Motion made by George/Gadd to approve the General Fund claims, voting all ayes, carried.

Highway claims #173 – 193 totaling $32,913.26 presented.  Motion made by Frounick/Gadd to approve the Highway Claims, voting all ayes, carried.

Special District Claims: Cowlesville Street Lighting claim #6 - $165.73 and Cowlesville Water District claims #29-31 totaling $40,350.40 presented. Motion made by Mohun/Gadd to approve the Special District Claims, voting all ayes, carried.

Supervisor’s May Financial Report – Supervisor Grant asked if any questions. She reported that that the balance at the end of May was $772,466.29, also that in June should be receiving the county snow and the mortgage tax. Motion made by Gadd/Mohun to accept Supervisor Grant’s May report, voting all ayes, carried.

Correspondence: Information received from the Wyo. County Planning Board; Profile of General Demographic Characteristics: 2010 Geographic Area: Town of Bennington, Wyoming County NY and also the Total Population Change for Wyoming County 2000-2010.

Certificate of Liability Insurance naming the town of Bennington as additional insured received from Jasen Meyers, DBA Jasen Meyers Contracting.

Notice from Katherine Diemer, DBA Ziewer’s Grocery of her intent to renew her liquor license with the New York State Liquor Authority effective June 30, 2011 through 2014.

Letters received from Nelson Cronin and Bryce Blair of their interest in the Water Operator Position.

Letter from Ed Van Fleet of his interest in the Deputy Zoning Officer Position.

Eagle Scout Honor Court Ceremony was scheduled for tomorrow, June 9th, but has been re-scheduled for August 13th. They will be recognizing David Brazeau and Jonathan Czerniak whom have achieved the highest advancement award the Boy Scouts of American offers to Scouts – The Eagle Scout Award.

Certificate of Attendance received from NYS Dept. of Taxation and Finance, Office of Real Property Tax Services , stating that Sandra Jerge has completed her training for The Board of Assessment Review.

Notice from the Town of Wales Re:  Community Protection of Natural Resources Local Law, Town of Wales, Erie County, NY.

Letter from Z.O. Kelly re: Home Occupation for Jeff Winch along with copied letter she sent to Mr. Winch.

Letter from Z.O. Kelly re: Zoning Appearance tickets she submitted for the Board’s review, hasn’t heard back.

Monthly reports from the Assessor and Town Clerk.

Supervisor Grant received  a letter from Mark Czerniak, Committee Chairman of Boy Scout Troop #474 re: Jonathan Czerniak has completed the requirements and has achieved Eagle Scout  status and will be honored August 13th at the Eagle Court of Honor. He also requested a letter or certificate from the town acknowledging this accomplishment. Supervisor Grant reported that in the past, since she has been Supervisor, town has given certificates.  Motion made by George/Frounick to give certificates. Voting ayes, carried.

Departments: Highway - Highway Superintendent Jensen not here, (his wife had surgery today). Supervisor Grant received an e-mail from County Highway Superintendent  Gadd who received information from the NYS DOT regarding utilizing French Road as a detour while doing the replacement projects for Rt. 20A bridge over Cayuga Creek, scheduled for 2012 (Town of Sheldon) and the Rt. 354 Bridge over Rt. 77, scheduled for 2013 (Town of Bennington). Councilman Frounick feels there should be a reduced speed limit on Rt. 77 from the Electric Station on top of the hill North of Rt. 354 South to the cemetery, can’t see down into the dip if anyone is coming when you pull out unto 77 North. Short discussion held. Motion made by Frounick/Mohun to submit a TE-9 for the state’s review. Voting: Grant, Frounick Mohun voted aye; Gadd and George voted no. Motion carried TE-9, will be submitted.

Zoning: New Home Occupation permit received from Joseph Pfeiffer “Design A Tea LLC”, has business in Buffalo and would like to start doing a little work out of his home.  Motion made by Gadd/Mohun to approve his permit, voting all ayes, carried.

Special Use Renewals received from: Michael Barren, Blood Road and Theodore Attea (Buffalo Hills Campground) both applied for three (3) year renewals. No complaints on either except for Buffalo Hills during the concert each year. Motion made by Frounick/George to approve them for 3 years. Voting all ayes, carried.

Josephine Savaglia has applied for a three (3) year renewal for her special permit on Friedman Road. She was suppose to comply with NYS & County sewer and water requirements as per approved permit last year. She hasn’t fulfilled that to date, she is just now begun to get her sewer permit. It was suggested by Councilman George to table the application, send a letter, requesting she come to the next meeting and inform the board why she hasn’t complied. Council Member Mohun feels should put in the letter that she can’t use the property until she gets into compliance. Councilman George is not for telling them they can’t use the property, just tell them that they need to come to the next meeting. Councilman Gadd feels the town can tell them that if they don’t come to the next meeting or comply, the next step will be a cease & desist order, so they know, that if they don’t act, what could happen. Mr. George asked what if they don’t come to the meeting or comply, what happens then. Told that the zoning officer would  issue  a citation to cease & desist to remove the trailer. If they don’t do that then it goes to court. Will notify them that it’s been tabled for 1 month, they need to get into compliance with water and septic, show up at the next Town Board meeting, if they don’t the cease and desist action will start. Motion made by Gadd/Mohun to table the application and send the letter requesting them at the next Town Board Meeting.  Voting all ayes, carried.

Assessment: Assessor Wittmeyer excused, Supervisor Grant reviewed her report with Board Members.

Transfer Station:  Supervisor Grant reported that right now not charging town residents for the disposal of electronic components and maybe should consider at least one punch on the punch card for large items to help offset some of the expenses. After a short discussion, a motion was made by George to charge one punch for the larger electronics effective July 1st. Motion seconded by Mohun.  All Board Members voted aye expect for Councilman Frounick who voted  against  it.

Recreation:  Supervisor Grant reported that softball & t-ball are under way, presently having sign-ups for swimming and soccer.

Byrncliff Contract for Swimming – Contract calls for use of Bryncliff’s facilities (swimming pool & miniature golf) 2 days/week, 5 hours per day (total of 60 hours)  July 5th – August 4th for the amount of $1365. Councilman Mohun asked if the kids pay anything. Supervisor Grant reported that there is a $5/child fee with a limit of $20/family. Motion made by Mohun/Frounick to approve the Swim Contract with Bryncliff for 2011. Voting all ayes, carried.

Park & Recreation – Supervisor Grant received a letter from the Parks Recreation and Historic Preservation, they have sent a good faith outline for the town park project. At this time, they are waiting for permission from the Division of Budget to sign the contract. Letter stated that the town may proceed with the planning and design, but no re-imbursement claims can be processed until the contract is in place.

Supervisor Grant reported she wants the records to reflect that in the past several months, the town has received memorial donations in memory of Gary George towards this project, which has amounted to over $4000. She is sure it’s going to be a very nice lasting tribute and very much appreciated by everyone who goes up there.

Water: Supervisor Grant received a Project Status Report from Jason Foote, Chatfield Engineers and reviewed it with Board Members. They expect approval with an issuance of a Completed Work Certificate from the County Health Dept. by the end of this week to be able to install the meter and turn the meter vault “on”. The Marilla water system still has to be flushed and approved on their end first before we can open up ours.  Remaining work includes installation of the meter, electrical work, lawn restoration and painting of the interior piping.

Supervisor Grant reported that the Contractor excavated around the hydrant damaged in the accident on Bullis Road, checked it for damage and leaks, found no leaks, lines were fine, also she thinks they straightened out the hydrant while they were there, everything is fine and that claim will now go against  insurance of the individual who hit it.

Letter from Jerry & Diane Savakinas dated May 19th requesting  $5/pay increase effective June 1, 2011 for increased duties due to the installation of the new meter pit on Clinton Street, will be reading two meters, one on Bullis and one on Clinton. They haven’t had a raise in 4 years. Supervisor Grant reported that in August of each year usually review the water rates, expenses and income, last year was going to drop them down and Mr. Gadd wanted to keep at a certain level in case expenses changes, she would like to first see what the revenues are that are coming in. Motion made by Gadd to table for 1 month, seconded by Frounick, voting all ayes, carried.

Ken Czworka asked about lowering the speed limit for Clinton Street from Tinkham Road to Bennington Center, with the hills, knolls and blind driveways, dangerous. Councilmen Gadd and George felt maybe more signs would be more effective. After a long discussion, a motion was made by Frounick/Mohun to submit a TE9 to the NYS DOT, asking them to review that area and if don’t recommend a lower speed limit, to consider putting up more signs, better marking the area.  Grant, Mohun and Frounick voted aye, George and Gadd voted No.

Old Business: Needed actual resolution on speed limits for the hamlet of Cowlesville – A TE-9 has to be submitted for the State to approve the speed limit for the hamlet and install signs on Urf and Lapp Roads. Mr. Gadd asked if got the FOIL report, told nothing back yet. Motion made by Mohun/Frounick to approve the resolution. Voting all ayes, carried.

New Business : Amendment #1 for the Erie Co. Water Authority for the bulk sale of water, this is for the water purchased through the Clinton Street vault. Motion made by George/Gadd to approve  Amendment  #1, voting all ayes, carried.

New photocopier – Supposedly in the Buffalo warehouse.

Supervisor Grant mentioned that on June 14, Flag Day, Boy Scout Troup #474 will be conducting their annual Flag Day observance at Sacred Heart Church and burn any flags that are in poor condition.  We have been accepting them here at the town hall.

Ms. Grant reported that there was a nice ceremony on Memorial Day up at the park with a parade,   Don Rogers’ last parade in Cowlesville, the Historical Society presented him with a plaque  and they also did a brick in his honor at the walk-way. He started teaching at the Cowlesville school in 1966.

Council Member Mohun asked about setting up interviews and the appearance forms that Kari talked about. Board Members reviewed Kari’s forms and felt the 1st one (top one) was the better of the two.  Motion made by Mohun/George to approve the top form, voting all ayes, carried.

Board set Wednesday, June 15th for interviews, starting at 6:30 PM and do the interviews for the Deputy Zoning Officer first, and then the remaining Water System Operator potential candidates.

Road Schedule – Councilman George asked if anything done on the road schedule. Told nothing by Supervisor Grant, waiting to settle the union contract and see how much money left after the town pays the retro-active payroll for last year, amount left in the budget to work with.

Bathrooms for the park - Discussion held as to what they want to do up there, where to put the bathrooms, septic , location etc. Supervisor Grant thinks the town has three years to expend the money.  Will have to get out the plans.

Councilman Frounick reported that Dante (Park Maintenance Person) informed him that he has gotten stuck up there a couple of times, if places not mowed, that’s because he didn’t want to get stuck again.

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

 

                                                                                                                                Respectfully submitted:

                                                                                                                               

Judith Brown,

                                                                                                                                Town Clerk