May 12, 2010                                             Work Session                                             6:30 PM

Supervisor Grant along with Council Members Mohun, Frounick and George audited the Highway, General Fund and Special District claims. Tom Carpenter, Principal Associate from Clark Patterson Lee also attended the work session to discuss their April 13th proposal for engineering services for a roadway condition assessment.

 

May 12, 2010                                               Bid Openings                                              6:30 PM

Highway Superintendent Jensen, Clerk Brown, also representatives from Suit Kote and Midland Asphalt were present to open the following bids:

Highway Construction Materials:  Two bids received; Suit Kote and Midland Asphalt. Copies of bids incorporated as part of the minutes. Both bids had the non-collusive bid certificate.

Tiling: One bid received: LB Tiling $1.05 per lineal foot.

Hauling: Two bids received: Hojnowski Transport and Huber & Huber

Bids incorporated as part of the minutes. Both bids had the non-collusive bid certificate.

 

Chipper: Four bids received: Mike George        $501.00

                                                        Jim Siudzinski       $526.00

                                                        David Tyczka       $1201.01

                                                        Tony Michalek     $657.00

 

Body-Plow Equipment: Three bids received:

Viking Cives                              $74,600  installed

                                                           9,412  Options

                                                  $84,012 total

 

Valley Fab & Equipment        $63,513

                                                           9,140

                                                      $72,653 total

 

Henderson Truck Equip.      $63,656

                                                       11,175

                                                     $74,831

All three bids had the non-collusive bid certificate.                                                                      

 

May 12, 2010                                                      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 George, Mohun and Frounick, also Superintendent Jensen.

Minutes of the April meeting: Supervisor Grant asked if any correction or amendments.  Council Member Mohun noted an error on page 265, 5th paragraph from the bottom, the word “elevate” should be “alleviate”.  There being no further corrections, a motion was made by Mohun/George to approve the minutes as corrected. Voting all ayes, carried.

General Fund claims #114 -139 totaling $8635.29 presented.  Motion made by Frounick/Mohun to approve the General Fund claims submitted, voting all ayes, carried.

Highway claims #93 – 117 totaling $35,975.70 presented. Motion made by George/Frounick to approve the Highway claims submitted. Voting all ayes, carried.

Special District Claims: Cowlesville Water District claims #20 - 26 totaling $2887.37 and Cowlesville Street Lighting claim #5 - $161 presented. Motion made by Mohun/George to approve the Special District claims, voting all ayes, carried.

Supervisor’s Financial Statements – Supervisor Grant asked for a motion to table the financial reports –Bookkeeper forgot to prepare them.  Motion made by George/Mohun to table the financial reports until next month, voting all ayes, carried.

Correspondence: Certificates of Insurance naming the town of Bennington as additional Insured received from: Hojnowski Transport, County of Wyoming, Duro-Shed, Inc., Arthritis Foundation , Zoladz Construciton, McDonald’s Service and Eugene Jaworski.

                Certificate of insurance received from Wolcott Grass Farm Inc. naming the Fairview Cemetery and the Forest Hill Cemetery as additional insured.

                February 17th and March 17th  meeting minutes received from the Town of Bennington Planning Board, also the March 3rd meeting minutes from the Zoning Board of Appeals.

                Monthly reports from Assessor Wittmeyer, Town Clerk and the Final 2010 Tax Collector’s Report.

Supervisor Grant received correspondence from:

                Dadd, Nelson & Wilkinson re: Filing of Local Law #2 -2010 with the Department of State.

                Memo from Wyo. County Planning & Development re: Roundtable Discussion on Municipal Agricultural and Farmland Protection Plans scheduled for June 15, 2010 at the BEST Conference Center at Genesee Community College.

                Letter from the Wyo. County Office of the Aging re: Genevieve Davis chosen as the Bennington recipient of the 2010 Senior Volunteer Service Recognition honor and will be recognized on May 19th at the Annual Senior Ball.

                News Release from the Erie County Water Authority of its 2009 Water Quality Report which states that water supplied to customers is of the highest quality.

DEPARTMENTS

Highway:  Road Construction Materials:

Superintendent Jensen reported that bids were open tonight for road construction materials, bituminous products and hauling, he asked Board Members to allow him to use his discretion of purchasing the materials from the lowest bidder, considering price and availability at the time of need. Motion so made by Mohun/Frounick, voting all ayes, carried.

Last month opened bids for a new 2010, 10 wheeler truck chassis, after reviewing the specifications, Mr. Jensen recommends purchasing the truck from Hunter Buffalo Peterbilt  for $128,408. They met all specifications and had the non-collusive bid certificate. In the work session, Supervisor Grant reported on a possible grant for purchasing equipment, which a couple of other towns are taking advantage of, not sure of all of the details, but would like to check out.   Motion made by George that after checking on the grant to see if anything available, to purchase the 2010 chassis from Hunter Buffalo Peterbilt for $128,408. Motion seconded by Mohun, voting all ayes, carried. Mr. Jensen noted that the prices are good for 30 days.

Superintendent Jensen reported that tonight opened bids for the hydraulics for plow equipment for this truck, will review  the bids, make sure they meet the specifications and make a recommendation to the Town Board next month.

Bids for the Chipper: Four bids received: Mike George-$501; David Tyczka - $1201.01; Tony Michalek - $657 and Jim Siudzinski - $526. Motion made by George to award the bid to David Tyczka for $1201.01. Motion seconded by Frounick, voting all ayes, carried.

No bids received on the old pickup truck. Discussion held as to what to do. Motion made by George to put  “for sale” signs on this week-end (Scrap Metal  Day), see if get any response, re-advertise and have bid opening at the June meeting. Motion seconded by Mohun, voting all ayes, carried.

Supervisor Grant reported that Tom Carpenter, Principal Associate from Clark Patterson Lee was at the Work Session tonight to discuss their April 13th proposal for engineering service for a Roadway Condition Assessment. After a short discussion, a motion was made by Frounick to go with option 2 in the amount of $14,625 (an option based on 65 Miles and $225/mile). Motion seconded by George, voting all ayes, carried.

Zoning: Two (2) renewal  applications received from Bettie Basher (French Connection Hair Salon) and William Rumley (Cayuga Creek Nuisance Wildlife Removal), also a new application from Joseph Baer, 640 Woodley Road (residential construction).  No complaints on any of them.  Motion made by Mohun/Frounick to approve the home occupation permits, voting all ayes, carried.

Special Use renewals received from Louis Breton, 2033 Clinton Street (Indoor vehicle storage) and Ronald Goudy, 560 Burrough Road (park model trailer home). Both applied for three year renewals.  No complaints on either of them.  Motion made by Frounick to renew both for 3 years. After short discussion on the Goudy application, (still has to sign off every year, but felt it would be cleaner if permit renewed every year). Councilman Frounick rescinded his motion and a motion was made by Mohun to renew Mr. Breton’s permit for three years and Mr. Goudy’s permit for one year, also to refund Mr. Goudy the $20 (fee paid for the other two years). Motion seconded by George, voting all ayes, carried.

Our Lady Help of Christians Church at the intersection of Church and Ortner Roads has been put up for sale by the Diocese of Buffalo.  Michael Fontaine has put in an offer to purchase the church contingent upon its’ use remaining as business for a sales office. Mr. Fontaine’s letter read. Supervisor Grant reported that there has been a lot of discussion held on it’s use and how it’s zoned by the County Planner Art Buckley, County Planning Board,  Zoning Officer Kelly, Town Planning Board Chairman, Bob Gadd, County Bldg. Department. It went before the County Planning Board and their recommendation was for it’s approval with comments recommending the town issue a special use permit for this project and re-submit a new referral to the Wyo. County Planning Board.  Discussion has been that if the property is re-zoned and in the future gets sold, could be used for any commercial type. It being such a small parcel, she asked Art Buckley, County Planner, if it got sold and someone new came in there, would they be required to submit a site plan, say if they wanted to have a used car lot there, would they be required to have “x” number of parking spots and was told No, they would not have to submit a site plan, could just go in and do anything that’s zoned for commercial use, that’s why recommending a special permit. What Mr. Fontaine is proposing, isn’t an issue, it’s what could happen if he decides to sell the property, right now zoned agricultural/residential, but it’s use has been business (as a church). Motion made by George/Mohun to refer Mr. Fontaine’s matter to the Town Planning Board for their consideration and recommendation and to also schedule a special meeting for May 26th, 6:30 PM  at which time could schedule a Public Hearing if needed, based upon the recommendation of the Town Planning Board. Voting all ayes, carried.

Councilman George asked what’s involved in getting a land separation permit. Told that he has to fill out an application, provide 7 copies of a survey showing the proposed separation to the zoning officer 7 days prior to the Planning Board’s meeting. She will review them and submit to the Planning Board for their approval. Then if all of the requirements are met and approved by the Planning Board, the chairman of the Planning Board stamps the surveys, that the separation has been approved for separation and it can then be sold/filed in Warsaw.

Assessment: Supervisor Grant received a letter from New York State Equalization and Assessment that the town’s tentative equalization rate for 2010 is 50.00, last year 49.70. There is a public hearing scheduled on Memorial Day, May 31st, 10 AM   in Albany.

Recreation: Book sale set for this Saturday, 10 -2, will also be serving hot dogs at this time.

Transfer station: Scrap metal day this Saturday 8AM – 2PM, if anyone wants to help, welcome. Councilman George asked about the burning barrel at the transfer station, if get a big dumpster, dump the ashes in it and get rid of the burn barrel. Councilman Frounick reported that Mr. Jensen mentioned it at the last meeting, maybe should put some signs up, if catch someone, can prosecute them.  Short discussion held. Councilman Frounick asked about scrap metal if the dumpster stays there, do they still charge to get rid of scrap metal. Supervisor Grant feels the scrap metal isn’t the issue, the appliances are and we should keep charging the rates we have on the poster adopted years ago. Short discussion held. Decided to keep the rates we have.

Water District: Supervisor Grant reported she’s getting ready to mail out the Annual Quality Report for 2009 to residents in the Cowlesville Water District, also hydrant flushing will be  June 9th in the morning. Notice of the hydrant flushing will be included with the mailing, advertised and posted in the community.

Supervisor Grant reported receiving some documents from the Town of Marilla regarding the new meter pit on Clinton Street, together with some of the drafts between our town and Marilla and the Erie Co. Water Authority. She has sent them to our attorney and Jason Foote for review. A couple of questions regarding language in there that they want modification on. Anticipating on getting something within the next 3 weeks on this and asked for permission to execute any of the documents. Motion allowing Supervisor Grant to execute any necessary documents for the meter pit on Clinton Street made by Frounick, seconded by Mohun, voting all ayes, carried.

Councilman George asked about a back-up person to test the water.  Supervisor Grant reported she’s been doing it when the Savakinas’ go on vacation etc., but she hasn’t got certified.

Public Concerns: Debbie Kipp , Secretary to the ZBA and Planning Boards provided information/pricing to Town Board Members for name plates for their meetings.

Ms. Kipp also reported that a letter is coming again, from the Zoning and Planning Boards requesting a lap top computer for the Secretary’s use. She tried e-mailing to herself at the town hall, but it didn’t come through. They would like to put the current zoning law on it and then wouldn’t have to flip through the zoning book to get the information. Supervisor Grant stated that the town agreed several years ago that they weren’t going to buy lap tops or home computers for anyone, any of the town officials due to misuse and sometime information on a computer at home and not here, vise versa.  Short discussion held.

Ms. Kipp questioned roads with no speed limits signs on them, does that mean they go by the state speed limit of 55 MPH. Told yes. Asked what the procedure is to establish a speed limit on roads. Told that if the Town Board approves the request, the clerk has a form that is filed with the Traffic Safety Board. They do a study and advise whether it can be done. The only problem is the enforcement of it.  After a short discussion, Ms. Kipp was informed that if she really has a problem, she can call the sheriff, explains the situation, days, times, etc. and the sheriffs might watch for the violator.

OLD BUSINESS:  Tonawanda Creek Erosion – Supervisor Grant reported that the Towns of Attica, Sheldon, Bennington and occasionally Orangeville have been meeting for several years to discuss erosion and flooding problems along Tonawanda Creek.  They have been working with Soil & Water Conservation (who has taken the lead on this whole thing), as well as Emergency Services, County Highway Superintendent, all have been attending meetings, also a regional, (Tonawanda Creek Watershed) meeting in Corfu, things have blossomed out to other towns &, counties. Yesterday, after the Board of Supervisors meeting, she and  the Towns of Attica and Sheldon, along with Greg McKurth met briefly. They have been discussing for a long time about what can be done without spending a lot of money.  Mr. McKurth has been studying the situation and has identified 20-30 hot spots along the Tonawanda in Wyoming County, some have been prioritized higher than others (8 in the Town of Bennington).  Bennington does not cover a big area along the Tonawanda, some of the hot spots noted are on the Bruce Merle agricultural property, some located near homes which are probably getting their wells and septic systems threatened by erosion along the creek. What they looked at yesterday was potentially doing a couple of projects,  most likely in September, one of them being in Sheldon, right in Varysburg where Stoney Creek feeds  into the Tonawanda. If you look to the North of 20A up Stoney Creek, you can see where, there is almost a dam that has been built there with log jams, thinks there is some packing pallets in there, all kinds of stuff, it’s probably 6’ high. He has also identified a spot in the town of Attica, thinks on the Ivan Boss property, just south of the Dean Sawyer property, just before Lindsey Road, big logs jams. They talked yesterday about September, (in case they need to use highway manpower & equipment, excavators, dump truck etc.) Highway Departments don’t want to commit equipment during prime road repair time, but if can get in there with en excavator and dump truck to haul logs, whatever out of there, thought was maybe take to Attica Package, where they have a grinder to grind that stuff all up and maybe even sell it to farmers for bedding etc. She has asked Bruce Merle to come to the meeting because he can attest to some of the problems going on. Mr. Merle explained he has just started attending the meetings, at one meeting, the  Niagara River Water Shed, they are trying to write a mission statement, a plan to focus on, to correct some of the problems. Ms. Grant stated that they’re looking at the fact that this may cost something, maybe $2-4 thousand dollars total this year, which would be shared equally by the three towns involved. This round Bennington would not benefit from it, but down the road Bennington would. Tony Santora from Emergency Services is trying to get the State Police to do a fly over of the Tonawanda with their helicopter to identify the hot spots.  There are a lot of log jams and also trees protruding into the creek. Councilman Frounick asked if each town has to get DEC approval.  Supervisor Grant explained that when Greg McKurth  started thinking about doing this, he went back through his files and found a 10 year old DEC permit to do work in the Tonawanda Creek which expires December 31, 2010. He quickly moved to renew it and it is now good through 2020.  Been talk of doing this for years and what to do, Varysburg Fire Hall concerned about the back of a shed being washed into the Tonawanda, also the pavilion behind the old bowling alleys in Varysburg  threatened, in the Village of Attica, Fire Station 2, down by Laurel Drive, a little brook behind there, need to go in there a do a little cleaning up. In Bennington, major spots are from the old CC Camp South about ½ a mile reported Mr. Merle. Attica Furniture is another business being threatened, also the Attica Rodeo grounds. Tried to get the village of Attica interested, but they aren’t interested, they feel, it’s private property and up to the property owners. When you go across the bridge on Main Street, can see erosion along the retaining  wall  by the fire hall and some across the creek.  Mr. McKurth is looking for possible grants and other funding.  Short discussion held.  Supervisor Grant wanted to make Board Members aware of the situation which may lead to the use of our manpower and equipment or even sharing the expense.

NEW BUSINESS:  Wyoming County Youth Bureau has requested the use of the Town Hall on July 15th from 9:30 – 12 noon for their annual Spend a Day with the Viking Program. Been doing this for the last three years. Motion so made by George/Frounick to approve the request by the Youth Bureau to use the Town Hall on July 15th, voting all ayes, carried.

Eagle Scout Project – Walt Steven has a prospective Eagle Scout who is looking for a project, looking for carpenter work. Came up with a few little things, looking for a box/bulletin board to display on the outside of the  town hall and last month, at the Historical Society meeting, they asked about getting the gazebo and the benches outside of the museum painted, also looking for some shelves in their shed. Town would need to supply the materials.  Motion made by Joyce/Frounick to approve the Eagle Scout Project, voting all ayes, carried.

Supervisor Grant reported that in the packets Board Members received are copies from the Planning Boards’ Survey they did two years ago, copies from the Comprehensive Plan of the Goals and Recommended Actions and copies of the 2007 Planning Session of what the town would like to accomplish. She thought that maybe at the June Work Session, could discuss items they would like to accomplish in the next 18 months.

OTHER MATTERS: Council Member Mohun going to review papers submitted by Dadd & Nelson regarding the wind energy conversion system.

Ms. Mohun also asked what will happen to the left-over books from the book sale.  Told they will be donated. Short discussion held.

There being no further business, a motion was made by Mohun/George to adjourn. Meeting adjourned at 9:05 PM. 

 

                                                                                                                                Respectfully submitted:

                                                                                                                                Judith Brown                                                                                                                                                                                                                     Town Clerk