Bennington Town Board Meeting

March 12, 20087:30 PM

Regular Meeting

 

Supervisor Grant declared the meeting open and asked Councilman George to lead the pledge to the flag. Present were Council Members Frounick, George and Mohun, Councilman Gadd absent, he did leave a message on the answering machine stating he might not be able to make it.

 

Minutes of the February Meeting - Supervisor Grant asked if any corrections or amendments.  Motion made by George to accept the minutes as presented, seconded by Mohun, voting all ayes, carried.

 

General Fund claims #60 - 89 totaling $24,213.36 presented. Motion made by Frounick, seconded by George to approve the General Fund claims, voting all ayes, carried.

 

Highway claims #34 - 56 totaling $41,541.73 presented. Motion made by Mohun, seconded by Frounick to approve the highway claims submitted. Voting all ayes, carried.

 

Special District claims: Cowlesville Water District claims #10 - 13 totaling $965.84; Cowlesville Street Lighting claim #2 - $184.00 and Fire Contract claims: Bennington - $64,775: Cowlesville Fire Company  - $70,942: Harris Corners Fire Company - $20,900 and Varysburg Fire Company - $5,075  presented. Motion made by George, seconded by Mohun to approve the Special District claims, voting all ayes, carried.

 

Supervisor Grant asked for approval of the following inter-fund transfers, to repay monies transferred at an earlier date to Cowlesville Water District and to town Highway Fund: To transfer from Cowlesville Water District into General Fund $20,000; to transfer from Highway Fund $53,349.34 and from Cowlesville Water $49,927.99, a total of $103,277.33 to be transferred into the General Fund. Councilman George questioned the language used to make the transfers, wants to make sure it’s correct. After short discussion, a motion was made by George, seconded by Mohun to table the transfers until next month, voting all ayes, carried.

 

Correspondence:

Listing of the 2008 Officers and the Annual 2007 Financial Report received from the Varysburg Fire Department.

Certified notice received from Quiet Times Golf Course notifying the town of their intent to renew their beer and wine license.

Notice of Complaint on Tentative Special Franchise Assessment for the year 2008 submitted by Citizens Telecommunications Co. of  NY to the NYS Board of Real Property Tax Services.

Certificate of Liability Insurance naming the Town of Bennington as additional insured received from the Cowlesville Fire Company.

Certificate of Workers’ Compensation Insurance naming the Town of Bennington as additional insured received from R. Myer Contractors Inc.

Notice from the Town of Alden of it’s passage of a resolution to consider a Local Law Repealing the 1967 Local Law Establishing Town of Alden Provisions and Procedures for Town Employee Rights of Organization and Representation.

Notice from NYS Office of Real Property Tax Services that the final equalization rate for Bennington is 47.41

Memo read from Assessor Wittmeyer re: NYS Budget Proposals.

 

Supervisor Grant has received the 2007 Tax Collection.

Minutes from the Wyoming County Planning Board.

US Rural Development’s 2007 Progress Report.

Information from Tompkins Insurance on Regulation 87

PERMA Public Employees booklet on Worker’s Comp. - News for Public Employers

 

Departments:

Highway: Bids for New Front End Loader opened earlier this evening and were as follows:

 

Bidder                Brand                 Bid               Trade In         Net cost

Vantage Equip    Volvo          $135,185.18       $33,000        $102,185.18

Monroe Tractor   Case             129,012.22         29,867            99,145.22

Milton Cat.         Caterpillar      147,869.00        22,000           125,869.00

Baschman Ser.    Liugong         113,560.00        35,000             78,560.00

All bidders had the non-collusive bidding certificate.

Superintendent Jensen reported he wanted to review the bids, make sure they met specs and will make a recommendation to the board next month.

 

Park: Councilman Frounick reported that the lawn mower at the park needs some serious attention, has a severe oil leak, also reported that the work on the building is all done except for two vents. Councilman Frounick will see that the lawn mower gets in for repair. He was also authorized to have it serviced at the same time.

 

Transfer station - Discussion held on what to do about the compactor situation. Motion made by George, seconded by Mohun to bite the bullet, call Waste Management and get a new compactor ordered. Councilman Frounick reminded the board that it must be able to work in our set-up. After further discussion, Mr. George rescinded his original motion and made a motion to get a contract for a new compactor with option for a multi-year payment schedule if possible and have for next month. Council Member Mohun seconded the motion, voting all ayes. Carried. Waste Management’s originally submitted a purchase price of $19,890.25 for a 3 yard compactor.

 

Clerk reported that right now town has to pay to get rid of newspapers, Abitiby is willing to bring in 2 dumpsters for paper collection only, the town could make a little money instead of having to pay to get rid of newspaper. Only problem is they only take newspaper, magazines, junk mail, no cardboard.  Motion made by Mohun, seconded by Frounick to try it for 6 months, see what happens. Voting all ayes, carried.

 

Zoning: Home Occupations renewals submitted by: Arthur Thomas (Counterpoint Holdings,LLC); Arthur Buckley (The Bettinoll Company, LLC); Merlyn Bissell (M.E. Bissell Law Office); Lawrence Zygaj, Surveyor (Lawrence Zygaj, PLS,PC); John Brandon (AERIE Design Services);Ronald Christopher (Cheektowaga Hunting); Richard LeFort (Custom Beds and Tables); Kelly Napieralski (Kelly’s Cakes & Goodies); Michael Mohun (Law Office of Michael M. Mohun); Nathan DeGroot (There’s No End Game Calls); Diane Lautenschlager (D&L Toy Trains); Paul Dersam (Alden Real Estate Group); Susan Knapp (Page One Public Relations); and Alan Linsey (Precision Cylinder Head). No complaints received on any of them.  Motion made by Frounick, seconded by George to approve the renewal of the above applications, voting all ayes, carried.

Special Use Renewal applications received from Nathan DeGroot and Ray Reiner, both applied for 3 year renewals. No complaints received on either of them. Motion made by Frounick, seconded by Mohun to renew Mr. DeGroot’s and Mr. Reiner’s application for 3 years, voting all ayes, carried.  

 

Historical Society -  Claudia Hojnacki gave a presentation on what the Historical Society has discussed and planned for a Veteran’s Memorial in Bennington, which includes a dinner in May to  raise money for this project. They would like to put the stone monument in front of the town hall and a brick side walk at the Historical Museum. They have put together a brochure for distribution. The vendor is requesting $1000 down payment (commitment to lock in) for the project, feel the total project to cost around $15,000. After a discussion a motion was made by Mohun to authorize the payment of $1000 to come from the Historical Society’s budget for the down payment, to be added to tonight’s abstract. The $1000 to be replaced after the dinner. Motion seconded by Frounick, voting all ayes, carried.

 

Joanne Mitchell stated they will also need money for advertising, could the town help out. Short discussion held, maybe could advertise in May along with Big Trash.

 

Supervisor Grant reported that she was at the museum and it looks very nice, with the new carpet and stove, Board Members should try and get down there to see how nice it looks.

 

Assessment: Assessor Whittmeyer reported that today, they removed the part in the state budget above doing away with Elected Assessors and Tax Collectors, but that doesn’t mean they won’t put it back in, also the senior citizens that no longer have to file the 1040 federal tax form will NOT be eligible for the Presidents Stimulus rebate unless this year they file a 1040 form. You have to file the form to be eligible to get the rebate and many of these seniors won’t know this and there is no way of contacting them, only get the word out by mouth. After a discussion, a motion was made by Frounick, seconded by George to run a small ad in the Pennysaver to alert the senior citizens. The seniors can get help with this at the Office for the Aging and also Esther Guylas is advertising this service for $10.

 

Public Concerns:

Claudia Mahoney just wanted to introduce herself, she is the General Manager for Frontier Communications Solutions offering telephone and high speed internet in this area, works with the 547 exchange.

 

Old Business: Planning Board Vacancy: Dan Krzesinski, Deborah Kipp and Deb Nye have applied for the position. Board interviewed two of the 3 candidates tonight, Deb Nye is the current Alternate and Deborah Kipp is the present Secretary. Motion made by Mohun to appoint Dan Krzesinki as the alternate member and Deb Nye to a 5 year term on the Planning Board, seconded by Frounick. Council Members Mohun and Frounick voted Aye, Councilman George and Supervisor Grant voted No. Motion then made by Councilman George to table the appointment until next month, seconded by Mohun, voting all ayes, carried.

 

Sub-Division Law - Supervisor Grant reported that she has not received anything back from the town attorney yet but that the town has to vote one way or another due to the time frame, must make a decision within 30 days after the public hearing. She asked for a motion to table, approve or dis-approve pending the findings/comments of the town attorney.  Councilman Frounick doesn’t like the law, feels too much responsibility put on the highway superintendent, which in his opinion should be done by the town and will vote no.  After a discussion a motion was made by George to vote on the adoption of the sub-division law. No one voted aye - there were 4 nays. Sub-Division law defeated at this time. Supervisor Grant stated that the town can re-schedule another public hearing pending the comments of the town attorney. After a short discussion, a motion was made by George seconded by Mohun to re-schedule a public hearing for the May meeting. Voting all ayes, carried.

 

Prosecutor Position - Supervisor Grant reported that since the Wyo. County District Attorney felt that appointing Vince Hemming (County Assist. DA) would be a conflict of interest and suggested that Supervisor Grant consider hiring someone from Dadd & Nelson’s office, she and Justice Linsey met with Jim Wujcik, (Dadd & Nelson), he is willing to accept the position at $300/month (flat rate), can start the end of this month or the first of next month, try on a one year trial basis.  Motion made by Frounick to appoint Mr. Wujcik as Town Prosecutor at $300/month, motion seconded by Mohun, voting all aye, carried.

 

New Business: Sheriff’s Department Lease - Sub-Division for 2008 - Supervisor Grant stated that it’s the same contract as other years, $600/year and they pay half of the internet.  Motion made by George, seconded by Mohun to renew the Sheriff’s contract for 2008 and authorize the supervisor to execute same, voting all ayes, carried.

 

Right to Farm Law - Supervisor Grant reported that other towns are putting together a Right to Farm Law, it’s more for public relations since the Ag Districts have more teeth in their law. The law she put together is the same as Sheldon’s except in Section 7, where Sheldon’s called for a committee to consist of members from the Zoning Board, Planning Board and one from the Town Board and since our town does not have a farmer on either the Zoning or Planning Boards, she changed the wording to read  Members of the Planning Board and two appointed officials, one from the Town Board and one from the agriculture community”. Motion made by George to schedule a public hearing for the April Meeting, also to advertise for letters of intent from residents in the agriculture community to serve on this committee. Motion seconded by Frounick, voting all ayes, carried.

 

Aflac Insurance option - Supervisor Grant reported she was contacted by a representative from Aflac and they would like to come out and discuss with town employees a pre-tax medical disability payroll option.  Motion made by George authorizing the supervisor to set up a meeting to be held after working hours, seconded by Mohun, voting all ayes, carried.

 

Councilman Frounick reported that the Park Maintenance person, Dante Caselli in the past was authorized $50 spending limit in his budget, asked if couldn’t bring his limit up to what ever his budget is, he never abuses it, but once in a while he has to buy the spray to kill the weeds which is more expensive. After a short discussion, a motion was made by Frounick to give him full use of his budget, seconded by George, voting all ayes, carried.  Supervisor Grant asked Councilman Frounick if he could ask Mr Casselli to take care of the poison oak up there also.

 

Council Member Mohun, would like to schedule a meeting with Brad Jones on Wind Energy here at the Town Hall on April 3rd. Met with him and he’s available.  Councilman George asked if the town wants to start these meetings with pros & cons, right now he’s on the fence (can go either way), also feels the town should keep the meetings to just people affiliated with the state. After a short discussion, decided that maybe this meeting should be held at the bowling alley, if possible. Council Member Mohun will check and see if they can’t have the meeting there. Councilman George agreed to split the cost of the advertising with her.

 

There being no further business, a motion was made by Mohun, seconded by George to adjourn.  Meeting adjourned at 9:14 PM.

 

 

                                                                                    Respectfully submitted:

                                                                                    Judith Brown,  Town Clerk