March 9, 2011                                           Work Session                                         6:30 PM

Supervisor Grant along with Council Members Mohun, Frounick, George and Gadd audited the Highway, General Fund, Special District and Fire Company claims. They interviewed Patricia Wawrzyniak, who applied for a position on the Town’s Planning Board. Discussed the Teamsters Union Contract; Resolution for the Cowlesville Fire Company for the Certificate of Amendment;  Bids on the water vault on Clinton Street and the Sampling Station for Bullis Road. (Six (6) bids received, Morsch Piping was the low bidder). Supervisor Grant reported she received the final report from Tom Carpenter on the Road Assessment project.

 

March 9, 2011                                                Regular Meeting                                 7:30 PM

Supervisor Grant called the meeting to order and asked Council Member Mohun to lead the pledge to the flag. Present were Council Members Mohun, George, Frounick and Gadd., also Jason Foote from Chatfield Engineers.

Minutes of the February meeting – Supervisor Grant asked if any corrections or amendments. Council Member George noted prior to the meeting that under the Assessment Dept. , home owners with an adjusted gross income of $500,000 are prohibited from participating in the STAR program (should be an extra  “0” on the $500,000 and also there is duplication of a “second” in a motion  for submission of resolution for the Cowlesville Fire Company to the Association of Towns  for their response. There being no further corrections, a motion was made by George/Frounick to accept the minutes as corrected. Voting all ayes, carried.

Financial Matters: Contracts from Williamson Law Book for the Town Clerk’s Plus software in the amount of $495 for 2011 and the software contract for the Water/Sewer billing in the amount of $825 for 2011. Motion made by Mohun/Gadd to accept the contracts and authorize Supervisor Grant to execute them. Voting all ayes, carried.

General Fund claims #64-83 totaling $5597.86 presented. Councilman Frounick suggested the ZBA/Planning Boards be reminded that they are to be submitting their vouchers quarterly. Short discussion held. A motion was then made by Frounick to send a memo stating that they must submit their vouchers quarterly or they won’t get paid. Motion seconded by George, voting all ayes, carried. Motion made by Mohun/George to approve the General Fund claims submitted, voting all ayes, carried.

Highway claims #61-93 totaling $39,439.72 presented. Motion made by Frounick/George to approve the Highway claims, voting all ayes, carried.

Special District Claims: Cowlesville Water District claims #10-15 totaling $4698.28 submitted. No claims for the Cowlesville Street Lighting District. Motion made by Mohun/Frounick to approve the Cowlesville Water District claims, voting all ayes, carried.

Fire District Contracts: Bennington Fire Company $64,500; Cowlesville Fire Company $75,284;

Harris Corners Fire Company $27,520 and Varysburg Fire Company $7,062.25. Supervisor Grant noted that the amount being paid to the Bennington Fire Company is the balance due. They have already been paid $24,500. Motion made by George/Gadd to approve the fire contract payments, voting all ayes, carried.

Supervisor Grant’s February 2011 Financial Statement – Supervisor Grant reported that all tax dollars have been received by the town and asked if any Board Member had any questions.  Motion made by Mohun/Frounick to accept Supervisor Grant’s February Financial Statement, voting all ayes, carried.

Correspondence:  Schedule of the 2011 dog, cat and ferret anti-rabies vaccination received from the Wyoming County Health Dept.

Certified notice received from Quiet Times Golf Course notifying the town that they are reapplying for their beer and wine license for 2011.

Monthly report and information on the seminar Assessor Wittmeyer hosted on February 23rd.

Town Clerk’s monthly report and meeting minutes from the January 19th Planning Board.

Councilman George asked to amend the December 28th Town Board minutes to reflect that the Town Planning Board did not approve the recommendation for the Local Law raising the height limit on accessory buildings as was indicated in the minutes, they needed more information. Motion seconded by Mohun, voting all ayes, carried.

Supervisor Grant received a notice from NY Rural Water re: their annual meeting in May.

Letter from Dan Burling that the CHIPS dollars the town receives from the state are still in tack in the governor’s budget, Bennington will receive $128,141 for 2011.

                Attica Central School is requesting use of the Town Hall and voting machine on May 17th for their School Budget vote from 1-9PM. They will reimburse the town $110 custodian fee.  Also would like use of the hall on April 26th 7 PM for a town hall budget meeting. Motion made by Frounick/Gadd to allow the Attica Central School use of the town hall on April 26th and May 17th. Voting all ayes, carried.   

Notice from Folsom Trailblazers Snowmobile Club re: Breakfast Meeting on March 27th 7:30 – 1PM at the Strykersville Fire Hall.

Letter from National Fuel Gas re: meeting with town supervisors, March 14th, 7 PM in Springville. They plan to discuss their operations in the area as well as information on hydraulic fracturing.

                Notice from Dadd, Nelson, Wilkerson re: filing of Local Law #2-2011.

Copy of letter from the County Health Dept. sent to the water system operator re: Sampling schedule for 2011.

NYS Planning Federation Planning news.

 

Departments: Highway – Supervisor Grant reported that yesterday the town received the report from Clark, Patterson Lee on the road assessment. Board members will be reviewing in the next couple of weeks, meeting with Superintendent Jensen, to determine what the priorities will be, also checking into what  type of  funding that the town would be looking at for those prioritized projects.

Supervisor Grant acknowledged that there have been some local concerns that were in the local news, on television and in the Batavia Daily. She and Superintendent Jensen have spoken to reporters and also with representatives from Sen. Lee’s office about funding potentials. Right now it appears that the CHIPS money is the only thing that the town will get, she also got an e-mail from a resident on, she believes Geise Road wanting to thank the highway department for a quick response with a complaint, they appreciated the work done.

New business: Award bid on Clinton Street Meter Vault & Sampling Station for Bullis Road. Jason Foote from Chatfield Engineers reported that 6 bids were received ranging from $50,580.99 (Morsch Pipeline) to $78,000. Mr. Foote recommended that the town go with the low bidder of $50,580.99. He noted that when they first discussed the meter vault, Chatfield came up with a figure of $51,450 in 2009, so the low bid is lower than their projected 2009 figure.   The sampling station that’s included with the bid is for the meter vault on Bullis Road.  Mr. Foote suggested that the town consider, since the hole is in the ground, putting one at the Clinton Street site also, do a change order after the award, should be a little cheaper than the $3067.99 for the Bullis Road one, because the hole is already dug. Motion made by George/Mohun to award the bid for the meter vault and the sampling station on Bullis Road to the low bidder, Morsch Pipeline for $50,580.99. Voting all ayes, carried. Supervisor Grant thanked Mr. Foote for attending tonight’s meeting.

Zoning: Home Occupation Renewals received from: Arthur/Deborah Buckley  (Bettinoll Company LLC): Paul Dersam (Alden Real Estate Group); M. E. Bissell (M.E. Bissell Law Office); Michael M. Mohun (Law Office of Michael M. Mohun); John B. Brandon (Aerie Design Services); Lawrence Zygaj  (Lawrence J. Zygaj, PLS., PC); Nathan DeGroot (There’s No End Game Calls); Richard LeFort (Custom Beds and Tables); Sandra L. Jerge (Sandy’s Cutting Corner); Bonnie McCarville (Homespun Shoppe); Diane Lautenschlager (D&L Toy Trains) and Cynthia/Mark Craig (CynMar Marketing). No complaints on any of them.  Motion made by Frounick/Gadd to approve the renewals of all of the above Home Occupation permits. Voting: Council Members Gadd, Frounick and George, Supervisor Grant all voted aye.  Council Member Mohun voted aye for all, except for Michael M. Mohun’s permit. She abstained from voting on Mr. Mohun’s permit– conflict of interest.  Motion carried.

Special Use permit renewals received from Rodney DeGroot  (Automotive Repair) and Raymond Reiner (Automotive Repair). Both applied for 3 year renewals, no complaints on either of them.  Motion made by Frounick/George to approve the renewals for 3 years. Voting all ayes, carried.

Moscicki Special Permit – Matter was tabled last month, Board Members wanted a copy of his survey map. Mr. Moscicki was notified and today received from him a copy of a tax map. Also town has information from the Supreme Court that was signed by Judge Michael Griffith ordering Mr. Mosicki to clean up his place. After short discussion, a motion was made by Gadd to table the matter until all of the information is in, motion seconded by Mohun, voting all ayes, carried.

Applicants for the ZBA & Planning Boards: Town had 4 applicants scheduled for interviews tonight: Al Files couldn’t make it so Supervisor Grant and Councilman Frounick interviewed him earlier. Patricia Wawrzyniak was interviewed for the Planning Board and Arron Lennimen and Walter Popielinski didn’t show for their scheduled  interview. Motion made by Mohun/Frounick to appoint  Patricia Wawrzyniak to the Planning Board and Al Files to the Zoning Board of Appeals. These appointment are for the balance of this year. Voting all ayes, carried. (Note: Walter Popielinski did call and leave a message on the answering machine).

Assessment: Supervisor Grant reported that Assessor Wittmeyer held a public presentation on Feb. 23rd, it was well attended. The Wyo. County Real Property Director as well as a representative from the state were present to discuss how property values are derived. What has to be considered to get that value etc.  They would like to hold another one in May, both the county director and the rep from the state stated they are willing to come back. Short discussion held.

Transfer Station:  Supervisor Grant reported that last month received notice from Regional Recycling that the town would no longer have to pay to get rid of the electronics and therefore stopped charging (not punching the cards) residents.  She feels that maybe the town should take a look at this and at least charge something because the guys are breaking down the electronics, also work required to get them ready for shipment. Will look at changing the policy in April.

Recreation Dept: Supervisor Grant reported that Jenna Fontaine, a Strykersville resident has submitted a resume for the Recreation Director.  John Perl has taken charge of baseball & softball. Ellen has a couple of people who might take on the swim program and also, it’s been suggested to contact the YMCA to see what kind of programs they have to offer.  After short discussion, it was decided to interview Jenna Fontaine prior to the April meeting.

Public Concerns: Jim Blocher, Kern Road has an issue with water run-off coming from his neighbor’s property. He claims that Mr. Mohun has diverted the water that used to run off behind his barn (Mr. Mohuns) to the road when he built the pond and berm. Now the water runs down the road washing out the driveways. The town has dug deeper ditches, but feels that’s not the answer and also the ditches are too deep. The Blochers claim that Highway Superintendent Jensen wanted to put in a larger pipe under the driveway but that they would have to again pay for the pipe stating that they have already paid for pipe. Mr. Blocher showed Board Members pictures of the situation. After a discussion, Councilman George asked if they could write down everything they did, what pipe etc, they paid for so that Board Members know what they are looking at, to figure out how they can help them. Councilman George said he will stop up and look at it. Ellen will talk to Mr. Jensen about it.

Ms. Blocher asked about the speed limit sign, when will that be put up, knows that it’s been approved. Told that it has to filed with the Department of State and when Highway Superintendent Jensen gets the official approval that it’s been filed with the state, he can then order the signs.

Old Business: Resolution – Cowlesville Fire Company By-Laws amendment  - Supervisor Grant talked with the attorneys at the Association of Towns, according to the Not for Profit Law to approve by-laws for the fire company, this resolution needs to be approved, but for  by-law amendments, unclear as to whether they have to notify the town or not. They said that if the town has the resolution, might as well go for it, approve it just in case there is an issue down the road. Supervisor Grant read the resolution. Motion made by George/Mohun to approve the resolution for the Cowlesville Fire Company, voting all ayes, carried.

Supervisor Grant asked if anything else to come before the board. Councilman Frounick asked if anyone applied for the Deputy Zoning Officer position. No one applied. Mr. Frounick made a motion to re-advertise, seconded by George, voting all ayes, carried.

Union Contract with Highway Department Employees – Supervisor Grant asked for a motion to go into Executive Session to discuss the union contract.  Motion so made by Gadd/Mohun to go into Executive Session, voting all ayes, carried. Board entered into Executive Session at 8:37 PM.

Motion made by Frounick/Gadd to come out of Executive Session at 9:04 PM. Motion made by George/Frounick to approve the 2010-2013 Teamsters Contract with the Town of Bennington Highway Department. Voting all ayes, carried.

There being no further business, a motion was made by Council Member Mohun to adjourn. Meeting adjourned at 9:07 PM.

                                                                                                                                Respectfully Submitted:

 

                                                                                                                                Judith Brown, Town Clerk