November 7, 2007                                     Work Session                                 6:30 PM

 

Present were Supervisor Grant, Councilmen Gadd, George, Frounick and Fontaine, also Superintendent Jensen. Board members audited the Highway, General Fund and Special District claims. Discussed letter from Erie Co. Public Works Dept. looking into getting other towns to join the Erie County Utility Aggregate to try and lower utility costs (natural gas and electric). Discussed the attorney’s voucher.

 

 

 

November 7, 2007                                        Regular Meeting                             7:30 PM

 

Supervisor Grant declared the meeting open and asked Councilman Frounick to lead the pledge to the flag. Present were Councilmen Frounick, Gadd and George. Councilman Fontaine excused to attend the ZBA meeting.

 

Supervisor Grant declared the Public Hearings open for the 2008 Preliminary Budget and Local Laws #4 & #5 to consider amending the Town Zoning Law and Extending the Moratorium.

 

Minutes of the October 10th meeting - Supervisor Grant asked if any corrections or amendments. Motion made by George, seconded by Gadd to approve the minutes, voting all ayes, carried.

 

General Fund Claims # 366 - 397 totaling $21,476.72 presented.  Motion made by Gadd to approve all but the $1128 for the town attorney (have questions), seconded by George, all ayes, carried.

 

Highway Claims # 254 - 277 totaling $45,234.81 presented. Motion made by Frounick, seconded by Gadd to approve the highway claims, all ayes, carried.

 

Special District Claims: Cowlesville Street Lighting claim #11 ($189) and Cowlesville Water District claims # 52 - 56 totaling $605,769.73. Supervisor Grant reported that the $605 thousand is the first payment on the bond for the Cowlesville Water District.  Motion made by George, seconded by Frounick to approve the Special District claims, voting all ayes, carried.

 

Correspondence:

Notice read from Billie Jo Frost (Billie Jo Enterprises) of their intent to change their current Restaurant Wine License to an On Premise Liquor License.

 

Notice from the Town of Alexander of a public hearing scheduled on Nov. 12, 2007 to consider amending the Tn. of Alexander Zoning Law by establishing  permissive and discretionary framework for the establishment of wind energy conversion facilities in the town of Alexander along with adding various definitions, also amends fence requirements.                  

 

Certificates of Insurance naming the tn. of Bennington as additional insured on the liability policies received from L. Breton Construction (2), and Robert Kaminski.

 

Notice from the NYS Office of Real Property Tax Services that the Town of Bennington will be receiving $1354.69 for the STAR Administrative Aid payment for 2007.

 

Town clerk’s monthly report.

 

Supervisor Grant received a notice from FEMA of a work session scheduled for Dec. 5th at the training center.

 

Notice from National Fuel Gas regarding pipeline replacement.

 

Notice from NYS DOT regarding rules/policy on driveway culvert installment on state roads.

 

Smoke free now information coalition for Genesee, Wyoming and Orleans Counties.

 

Notice from the Erie Co. Public Works Dept. asking if Bennington is interested in joining the Erie Co. Utility Aggregate  to see if money can be saved on Utility bills (gas & electric), doesn’t cost anything and they would have a response back in January.  Board members have no problem with Ellen proceeding.

 

Supervisor Grant stated that Billie Jo Frost has requested a letter of support which will be submitted with her application updating their wine liquor license to an On Premise Liquor License.  Board members had no objection with the supervisor submitting a letter of support.

 

Departments:

Water District - Supervisor Grant reported that bills went out the 1st of November with the new rates, there were a few complaints. The fire hydrants were placed back in service, will be color coded as to how much pressure to expect, talked to the fire department,  they would like something in writing on the max. pressures etc. The fire company can now have a drill but they must notify in advance of their intent to do so. All hydrants meet the minimum pressure, still negotiating with Marilla about installing a pressure valve. Short discussion held. Councilman George asked if Ellen had found out anything about the hydrant matter last fall at the residence. Supervisor Grant reported  no, she hasn’t.

 

Highway Department: Superintendent Jensen reported he received a call from R. Myers Contracting stating they have a key for the water vault and would be sending it to him. Today he received a package with nothing in it.  Will call them tomorrow and when key received will turn it over to whom-ever should have it, probably the people reading the meter. He stated that with Winter coming, the vault should be opened and checked, there is heat in there, last year, no heat and it didn’t freeze, also, there is a sump pump in there, it has been dry, when they opened it up in the Spring, there was a foot of water in it, should be checked. Ellen asked him to see if he couldn’t get a couple of keys. Discussion held.

 

Superintendent Jensen reported he put in a request for payment from the grant money. He met with Ken Bittner, the NYS Regional Chips Co-ordinator, had him help fill out the a request form for the monies for the 1st phase of the Schoellkopf Road culvert re-construction project which were paid to Clark-Patterson last month. As for the legislative grant, the next phase is for the outlay of the engineering and bid documents to get ready to go to bid along with the actual project procedure, that will cost $19,000. He reported that money was suppose to be spent by Dec. 31, 2007, however, after Ken reviewed the information, he stated that there would be no problem with changing/extending the date from 12/07 to 12/08 so that the town won’t lose the legislative money. They also want it stressed to Clark Patterson that although we don’t know what the cost will be, we want to proceed with the project with in kind services, they don’t want a contractor buying pipe, gravel, etc. at much higher prices, over and above at what the town can get off of state or county pricing. Just need the engineering and expertise to get this thing rolling with pre-cast head wall. Town can provide a lot of the service and material less that they can, can also use the CHIPS money for this project.

 

Mr. Jensen also reported they replaced a heater at the town barns with a new 250, 000 btu gas unit from Grainger, town installed it. Turned the heat on a couple of weeks ago and flames shot out, heat exchanger went.

 

Park: Short discussion held on the restroom facility.

 

Transfer Station: Haven’t found a replacement unit yet. Mr. Jensen will check on line for compactors. Short discussion.

 

Assessment: Supervisor Grant reported that the Assessor wanted her to let everyone know that the STAR rebate deadline has been extended to December 31st.

 

 At this time Councilman Fontaine joined the meeting.

 

Recreation Dept.: Kari Kelly reported Halloween party was a success. It was held at Bennington Lanes, both inside and out. December 1st is the Book & Bake Sale at the Cowlesville Fire Hall. Christmas Party the middle of December, watch the pennysaver. A Hog Club has donated $100 toward playground equipment.

 

Zoning: Special Use Renewal applications received from Arrow Portable Signs (David Ludwig), applied for a 3 year renewal and Birch Grove Landscaping has applied for a one (1) year renewal. Birchgrove hopes to be off of that site by the end of the year, but renewed for one year in case something should prevent that from happening. Other than Zoning Officer Kelly receiving a couple of minor complaints on Ludwig, there were no major complaints.  Motion made by Frounick to approve the Special Use Permits for the terms stated, seconded by Gadd, all ayes, carried.

 

New Special Use Application submitted by Shawn LaBruan for an automotive repair shop. Mr. LaBraun lives at 1097 Graff Road, but is renting the building at 873 Old Alleghany from Maggie Evans. This building had a special permit for an automotive repair shop previously. Motion made by Frounick, seconded by George to schedule a public hearing for the December Town Board Meeting.

 

Public concerns: None

 

Old Business: 2008 Preliminary budget

General Fund appropriations are $324,170 with estimated revenue of $169,400 with an unexpended balance of $29,200 leaves $125,570 to be raised by taxes.

Highway Fund appropriations are $962,200 with estimated revenue of $342,522 with an unexpended balance of $20,000 leaves a tax levy of $599,678.

Total Town Budget: Appropriations of $1,286,370, estimated revenues of $511,922, an unexpended balance of $49,200 leaves $725,248 to be raised by taxes.

 

Special Districts: Bennington Fire Company                                        $84,775

                           Cowlesville Fire Company                                       $79,942

                           Varysburg Fire Company                                         $  5,075

                           Harris Corners Fire Company                                  $20,900

                           Cowlesville Street Lighting                                       $  2,200

                           Cowlesville Water District                                        $45,913

 

Salaries of the Elected Officials :

                        Supervisor                                $ 5,000

                        Clerk/Collector                         $15,250

                        Councilman   4 @                     $ 1,875 each

                        Justices   2 @                            $ 4,200 each

                        Highway Superintendent            $39,685

 

Supervisor Grant asked if anyone had any questions on the Preliminary Budget. None. Motion then made by George, seconded by Fontaine to close the public hearing, voting all ayes, carried. Public hearing closed at 8:14 PM.

 

Supervisor Grant asked board members if they had any questions/discussion on the 2008 budget.  Motion made by Gadd to adopt the 2008 Preliminary Budget as the 2008 Budget. Motion seconded by Fontaine, voting all ayes, carried.

 

Public hearing - Local Law #4 - to consider Amendments to the Town Zoning Law - Map #2, Narrative & Flag Lots. Six (6) residents present. Supervisor Grant stated that most of these parcels listed in the amendment are already listed in the zoning book, she feels they should be further clarified by adding parcel ID numbers, so that in the future when someone questions one of them, it’s easily identified, it also brings the zoning book up to date.  She then read the proposed amendment. Also at this same time, it has been suggested by the zoning officer to add in Article II, Section 2.1.4 Yards - minimum requirement, add subsection “D” Flag Lot front yard - Seventy-five (75) feet. The Town Planning Board at their Sept. 19th meeting, suggested 50' minimum front yard width, also Bill Foley, member of the Zoning Update Committee suggested 50' , stated they did a lot of research and work on this particular item. The County Planning Board reviewed this matter and found no county-wide impacts. Colin Kelly stated that he had a flag lot and is in the process of having it surveyed, not sure what the footage is but may be close. Told he would have to get a variance if it turns out he doesn’t have the required footage. Short discussion held. Motion made by George, seconded by Gadd to close the public hearing.  Public hearing closed at 8:27 PM.   Board members filled out the short form SEQR and declared a negative impact, might possible be some growth. Bob Gadd, Chairman of the Planning Board stated the Planning Board suggested that the proposed section be changed from 2.1.4 to 2.1.3 Flag Lot - Road Frontage set at 50'. Short discussion held. Motion made by George, seconded by Frounick to adopt Local Law #4 amending the zoning ordinance. Voting all ayes, carried.

 

Local Law #5 extending the Moratorium - There were no questions or comments, so a motion was made by Fontaine, seconded by Gadd to close the public hearing, voting all ayes, carried. Motion made by Frounick to approve Local Law #5 extending the moratorium on special land uses for one year, seconded by George, voting all ayes, carried.

 

Kari Kelly asked what they have to do to get Area Redi-mix listed with the others in the zoning book, it was re-zoned in 1977. Ellen stated that the minutes were not clear, would have to hold another public hearing. Motion made by George to hold a public hearing at the next town board meeting.  Kari stated she has all of the paperwork and would like to sit down with Ellen to review it. Mr. George rescinded his motion. It was noted that if they sat down and found all paperwork in order could hold a public hearing at the next Town Board meeting so Councilman George made a motion that if the paperwork was in order to schedule a public hearing on Area Redi-Mix at the next Town Board meeting. Motion seconded by Fontaine, all ayes, carried.

 

New Business: Designate Seasonal Use Roads - Motion made by Frounick, seconded by Gadd to declare Geise Road from Stedman to Clinton and Hodge Road as Seasonal Use from November 1st to April 1st. Voting all ayes, carried.

 

Supervisor Grant reminded board members that they must take the Basic NIMS Training, can do it on line. Councilman George thinks that Bill Streicher is going to be giving one.

 

Supervisor Grant reported that there will be a meeting on November 30th at the Attica Village hall regarding the Tonawanda Creek Erosion. The Army Corp. of Engineers and County Soil & Water representatives be on hand to discuss the matter with the towns of Attica, Sheldon and Bennington.

 

Eric Dadd’s voucher for $1128.  Zoning Officer Kelly explained what happened, she requested and was refused a written response on the matter in question from Mr. Dadd, and feels the bill should not be paid. After a short discussion, a motion was made by Gadd, seconded by George NOT to pay the claim from Dadd & Nelson in the amount of $1128. Voting all ayes, carried.

 

There being no further questions, a motion was made by Fontaine, seconded by Gadd to adjourn the meeting at 8:55 PM. Voting all ayes, carried.

 

                                                                                    Respectfully submitted:

                                                                                    Judith Brown,

                                                                                    Town Clerk