May 11, 2011                                          Bid Opening                                   6:30 PM

Bid opening for Road Construction Materials – Present: Highway Superintendent Jensen, Clerk Brown and representatives from Suit-Kote and Midland Asphalt.

Superintendent Jensen opened the bids on Bituminous Products from Suite-Cote and Midland Asphalt, both bids contained the certificate of insurance and non-collusive bid certificates.

Tiling – One bid received from LB Tiling @$1.10 per linear foot with town supplying the materials (tile and stone).

Hauling: Two (2) bids received:  Hojnowski Transport and Huber & Huber.

 

May 11, 2011                                   Work Session                                           6:30 PM

Supervisor Grant along with Council Members Mohun, Frounick and Gadd  (Councilman George  called and reported he’s unable to make the meeting) audited the Highway, General Fund and Special District Claims. Mr. Donald Przybyl (retired NYS Auditor) was present and discussed his audit report with Board Members.

Superintendent Jensen reported he received 3 bids earlier in the year on the 3 overhead doors for the East side of the town barns. He checked with all three vendors and the prices are still good. Bids were: Overhead Door of Batavia $9272; Raynor Door of WNY (West Seneca) $9568 and Abbott Door (Buffalo) $11,022.  All three bids include installation, door openers and remotes.

Mr. Jensen also reviewed his bids for road construction materials with Board Member and ask they accept the bids allowing him to use his discretion to purchase from the low bidder considering  price and availability at the time of need. 

 

May 11, 2011                                        Regular Meeting                                       7:30 PM

Supervisor Grant called the meeting to order and asked Councilman Gadd to lead the pledge to the flag. Present were Council Members  Gadd, Frounick and Mohun. Councilman George called and reported he could not make the meeting. Also present was Superintendent Jensen, Assessor Wittmeyer  came later.

Supervisor Grant opened the Public Hearing to consider Local Law C – A Local Law Establishing Grievance Day for 2011 in the Town of Bennington as the 1st Wednesday after the 4th Tuesday.

Minutes of the April Meeting – Supervisor Grant asked if any corrections or amendments. Motion made by Frounick/Mohun to accept the minutes as submitted, voting all ayes, carried.

General Fund Claims #123-151 totaling $10,200.49 presented.  Motion made by Mohun/Gadd to approve the General Fund Claims, voting all ayes, carried.

Highway claims #140-172 totaling $38,330.25 presented.  Motion made by Gadd/Frounick to approve the Highway claims, voting all ayes, carried.

Special District Claims: Cowlesville Water District claims #22-28 totaling $3,073.20 and Cowlesville Street Lighting Claim #5  - $165.73 presented. Motion made by Mohun/Frounick to approve the Special District claims presented, voting all ayes, carried. 

Supervisor’s Financial Statements for  March & April – Supervisor Grant asked if any questions. Motion made by Mohun/Gadd to accept Supervisor’s Financial Statements for March & April, voting all ayes, carried.

Correspondence: Letter from the Cowlesville Fire Company (all Board Member given copy) asking for  three year budget of $75,000/year which reduces the amount slightly from the 2011 of $75,284.

Meeting minutes received from the March 16th Planning Board Meeting and April 6th ZBA meeting.

Letter from Dadd, Nelson & Wilkinson re: Proposed amendment to the Tn. of Attica Zoning Regulations and State Quality Environmental Review (SEQR).

Letter from the Tn. of Alexander re: Shared Services Agreement (copy given to Highway Superintendent Jensen).

Letter from NYSEG re: Street lighting.

Town clerk’s monthly April report.

Letter from Chatfield Engineers re: Clinton Street Meter Vault – Notice of Award.

                Zoning Officer Kelly  submitted  letters dated May 10th to Town Board Members  re: Appearance tickets and  copied Board Members a  letter she sent to ZBA Members.

Supervisor Grant received  the GLOW report.

Letter from Time Warner Cable re: Notifying the town that the franchise fees for the Town of Bennington will be $33,997.67.

Memo from the Office of the State Comptroller re: Notifying town that the employee’s annual statements will be sent a little later this year, around mid June.

Notice from Smoke Free Now  re:  Coalition to Reduce Tobacco Usage, advocating for smoke free zone in municipal parks.

Letter from Assemblyman Burling re: 2011 CHIPS money  - Bennington will be receiving $128,163

Correspondence  from Sen. Gallivan  re: Activities of  the Senate Agricultural Committee.

Press Release from the NYS Assessor’s Association responding to Comptroller DiNapoli’s press release comments.

Notice from the NYS Office of Real Property Tax Services stating that the Tentative Equalization rate established  for Bennington is 50.00%

 

Departments  -  Highway: Superintendent Jensen reported that earlier this evening bids were opened for road constructions materials (bituminous products), tiling and hauling. He asked Board Members to allow him to use his discretion in purchasing from the low bidder considering cost and availability at the time of need. Motion so made by Frounick, seconded by Gadd, voting all ayes, carried.

Mr. Jensen reported that as discussed in the Work Session, he got 3 bids for 3 overhead garage doors for the East side of the town barns. Overhead Doors of Batavia was the low bid at $9272 which includes  installation, openers and remotes.  Motion made by Frounick/Mohun to award the bid to the low bidder of $9272 – Overhead Garage Door of Batavia. Voting all ayes, carried.

Superintendent Jensen asked for permission to attend Highway School in June, due to longevity, his registration fee is waived.  Motion made by Frounick/Mohun to allow Mr. Jensen to attend Highway School in Ithaca in June, voting all ayes, carried.

Zoning: New Home Occupation Permit Application received from James Voglmayr (Premier Kitchen), 655 Getman Road for a home office. Motion made by Gadd/Frounick to approve Mr. Voglmayr’s application, voting all ayes, carried.

Assessment:  Assessor Wittmeyer reported that Grievance Day is  Wednesday, May 25th, her roll has been completed and submitted, mailed out 157 assessment change notices. Had 28 notices of exemption removals due to failure to reapply, residents no longer eligible due to residency of the new Basic Star income limit. She reported she met with Tracy Kinn, NYS Veterans Affairs Representative, focused on the administration of Veteran’s Exemptions and Vet jobs. She reported her roll is now on line for anyone to review and gave Board Members a packet of information she prepared , along with her monthly report.

Transfer Station – Supervisor Grant reported that Scrap Metal Day is this Saturday. Everyone has to have a sticker.

Recreation/Park – T-Ball and Baseball going on right now. Supervisor Grant reported that Gary George had designated the money received in his memory to be donated to the Bennington recreation. That money (to date have received approx. $4000) is earmarked to be used as part of the town’s share for the restrooms for the park.

Water Dept. – Diane Savakinas reported that the new meter vault is in, all hooked up, been working on it the last couple of days.  The meter is not in yet.

Ms. Savakinas reported that with regard to the hydrant on Bullis being damaged in the accident, the  hydrants are built for impact. There are no leaks up there, when hit, the check valves shut it off. She was upset after reading last month’s minutes in which Mr. Jensen was told to contact the Water Association, sounded  like the town felt she’s not doing her job. She has to follow the rules and regulations of New York state and not the Town of Bennington. Ms. Savakinas stated that she has talked with the County, who’s willing to come out and explain her license with the Board and Mr. Jensen. She informed the Board that she and Jerry must be notified and on site when anyone, including  Rick, who is the water maintenance person wants to do anything on the water system. She reported Mr. Jensen went up on his own, turned on the hydrant and then  got an air lock in the line.  Mr. Jensen explained that he was notified of the accident when the vehicle hit it, went and looked at it and found nothing wrong, about a week later, received a call that the hydrant had been turned. So he went and looked again and sure enough it was turned, that ‘s why he checked it out, found no leaks. Then when in Attica, was talking with their maintenance person and was told that it could leak from the bottom and you wouldn’t know it, that’s when he blew off the water and informed the Savakinas that since this was an accident, there is a police report, town has 60 days to submit a claim for any damages. The Savakinas didn’t realize the issue with the claim and reported that they can tell within a day or two if there are any leaks, because they take readings every day, but that no one can touch the system without their supervision, it’s their license that’s at stake.

Supervisor Grant reported that the annual Water Quality Report is ready to be mailed out to the resident users in the Water District, she has sent it to Andy for his approval, to ensureall of the info is in there.

Councilman Gadd  made a motion that the town purchase a plaque to be placed on the new restrooms in memory of Gary George. Motion seconded by Mohun, voting all ayes, carried.

Public Concerns: Charlie Flagg stated he is representing the owner at 295 Clinton Street and  has three questions for the Town Board;  He asked if the town knew how many trailers there are in town, how many residents with trailers have applied for a special permit and why do they need a special permit. He said the clerk told him that only one that she knew of applied for a special permit. Supervisor Grant explained the Special Permit application process and no one knows how many trailers there are in town. Mr. Flagg stated he will be riding around town next week putting up political signs and will get a count. He thanked the board for their time.

Michael Mohun reported that he has submitted a FOIL application to the state to get the information required for the posting of the speed limit signs on town roads. Was informed they would get back to him in two weeks. Superintendent Jensen  reported that those signs will say “Area Speed Limit”  so that the speed limit on any road in the area will be the posted limit. When this happens, the state will have to change their signs to “Area Speed Limit” also. Also, they are going to try and incorporate the frontage of the town park on Lapp Road within the speed limit posting. There are times when cars are parked on both sides of the road. Supervisor Grant reported she has the necessary paperwork to fill out and submit for the posting of these signs.

Local Law #3, 2011, A Local Law Establishing Grievance Day 2011 in the Town of Bennington as the 1st Wednesday after the 4th Tuesday, namely, May 25th. Supervisor Grant reported that there was a conflict this year and our assessor asked to move the date. Ms. Grant asked if any questions or comments. Motion made by Mohun, seconded by Frounick to close the Public Hearing. Voting all ayes, carried. Public Hearing closed at 8:30 PM. There were 6 residents present.

Supervisor Grant asked Board Members if they have any questions/comments on this Local Law. Motion made by Gadd, seconded by Mohun to adopt Local Law #3, voting all ayes, carried.

Old Business: Audit of Town Records: Supervisor Grant reported that in January, as required by law, Town Board Members audited the Records of the Town Supervisor, Town Clerk, Tax Collector, Town Court and Water Collector. The Board also retained the services of retired State Auditor Donald Przybyl to examine all of the records.  Mr. Przybyl  attended the Work session tonight and submitted his report.

Mr. Przybyl examined the records of the Town Supervisor, Town Clerk/Collector and Town Justices to determine their accountabilities and compliance with statues.  He also tested records of the General, Highway, Water District, Fire Protections Districts and Lighting Districts. He found all town records in compliance and submitted a written report.  All Board Members given a copy. Supervisor Grant asked for a motion to accept Mr. Przybyl’s report.  Motion so made by Gadd/Mohun, voting all ayes, carried.

New Business: Supervisor Grant asked for permission for a short term Bond Anticipation Note not to exceed $70,000 for the meter vault for the Cowlesville Water District. This note will be incorporated with the original note when it becomes due in the Fall.  Motion made by Mohun/Frounick to approve the BAN not to exceed $70,000, voting all ayes, carried.

Supervisor Grant reported the town has received several applications for the Water System Operator and a couple for Deputy Zoning Officer.  Would like to schedule interviews but feels should be done on some other time than the Work Session since there are so many. Decided Board Members should look at  that calendars and call the clerk letting her know what days are best in the next couple of weeks. Also noted that should include Diane Savakinas in on the interviews.

Copier – Clerk received an new quote on a Kyocera Copystar copier for $2495 (State bid pricing). This is a 25 page/minute monochrome with includes “paper port” scan/OCR software already installed. It also includes an option for the Town to purchase outright for $2495 or go with an interest free payment program of 36 months at $69.30/month or 48 months at $51.98/month. After short discussion,  a motion was made by Gadd to procure the copier at the 48 month option of $51.98 month. Motion seconded by Mohun, voting all ayes, carried.

Memorial Day Observance – Supervisor Grant reported that there is a Memorial Day Ceremony, 11 AM at the Town Park with Attica Central School Band leading the parade to the Town Museum where there will be refreshments.

Council Member Mohun reported she is purchasing a sign for the Kern Road cemetery.

Veterans – Supervisor Grant reported that at the Board of Supervisor’s Meeting yesterday, the Wyo. County Board of Supervisor adopted a policy of protestors not be allowed at funerals of veterans one hour before and 1 hour after the time of the funeral.

There being no further business, a motion was made by Mohun/Frounick to adjourn. Meeting adjourned at 8:45 PM.

 

                                                                                                                                Respectfully submitted:

 

                                                                                                                                Judith Brown

                                                                                                                                Town Clerk