October 10, 2007                           Bid Opening/Work Session                             7:00 PM

 

Present were Supervisor Grant, Councilmen Gadd, Frounick, George and Fontaine, also Clerk Brown.

 

Three Bids received for the repair of the shed at the town park:

 

Brian Sulzback                      -      $10,192.00

Louis Breton Construction     -          8,907.00

Mucher Erectors                   -          9,373.00

 

One bid received for the first phase of the bathrooms at the town park:

Mucher Erectors - $24,000

 

 

Board members audited the Highway, General Fund and Special District claims, discussed the bids, Attica Central School’s request to have a liaison from the Board of Education at all town board meetings, extending the moratorium on land uses. Special meeting for budget public hearing and furnace for the Historical Museum. Prices submitted as follows:

 

                                                           Wall hung unit                  Cast Iron

Vetter                                                    $1193                              $2008

Kaminski                                                $1400                              $1850

Randy Hayes                                          $1490                              $2125 Sand ($1985 Black)

 

 

 

October 10, 2007                             Regular Meeting                                             7:30 PM

 

Supervisor Grant declared the meeting open and asked Councilman George to lead the Pledge to the Flag. Present were Councilmen George, Gadd, Frounick and Fontaine, also Superintendent Jensen and Zoning Officer Kelly.

 

Minutes of the September Meeting - Supervisor Grant asked if any corrections or amendments. Motion made by George, seconded by Gadd to accept the minutes. Voting all ayes, carried.

 

General Fund Claims #331 - 365 totaling $9146.68.  Motion made by Frounick, seconded by Gadd to approve the General Fund claims, all ayes, carried.

 

Special District claims: Cowlesville Water District claims #51 & 52 totaling $1240.86 and Cowlesville Street Lighting claims #10 in the amount of $189 presented.  Motion made by Fontaine, seconded by Frounick to approve the Special District claims, voting all ayes, carried.

 

Supervisor’s Monthly Financial Report - Supervisor Grant noted that the program is finally working correctly, report looking much better. Motion made by George, seconded by Frounick to accept the Supervisor’s monthly report, all ayes, carried.

 

Highway claims #226 - 253 totaling $29,320.54 presented.  Motion made by Gadd, seconded by George to approve the Highway claims, voting all ayes, carried.

 

Correspondence:

Memorandum from GLOW Region Solid Waste Management Committee re: America Recycles 2007 along with pledge applications.

 

Signed copy of the 2007 Winter Snow & Ice Agreement with the Wyoming County Highway Department.

 

Certificates of insurance naming the Town of Bennington as additional insured on the liability coverage received from J & M Home Builders and the County of Wyoming.

 

Notice received from Tri County Liquor Store of their intent to renew their liquor license.

Monthly reports from the Assessor and town clerk.

 

Certified Primary Elections results from the Wyo. County Board of Elections.

 

Notice from the Town of Alexander of a Public Hearing on Proposed Local Law mending the Tn. of Alexander Zoning Law with regard to wind energy conversion facilities.

 

Letter read from Attica Central of the request to have a School Board member act as a liaison between the town and school, to represent the Attica Central School District at all Town Board Meetings.

 

Supervisor Grant received the annual report from the Bennington Historical Society.

Letter from Chatfield Engineers - minutes of the meeting with the Erie Co. Water Authority

Letter from the Erie County Water Authority - minutes of the meeting with Chatfield Engineers on Oct. 4th.

 

Departments:

Highway - Superintendent Jensen asked if received the signed copy of the Snow & Ice Agreement and if it was good for one year. Told yes, including the index.

 

Mr. Jensen stated he attended an OGF meeting regarding “Shared Purchasing” by town, whereby i.e. 3 towns would get together, buy one piece of equipment to be shared by all three towns. Stated he is going to pursue this. He also reported that the town has up to 5 years to spend the Multi-Modal money. Councilman Frounick questioned the loader specs. Will review toward the end of year when have a better knowledge of where the town stands financial wise, but there is money built into the new budget for it.

 

Recreation - Kari Kelly reported the Halloween party is the last Saturday in October at Bennington Lanes starting at 4 PM. Book and Bake Sale scheduled for December, also Christmas Party scheduled for December. They are trying to put together a schedule of events for the web site.

 

Transfer station - Board members reviewed and discussed the proposal received from Waste Management and decided to table until next month to see if there isn’t something else out there.

Supervisor Grant reminded everyone that Scrap Metal Day is this Saturday from 8 AM - 2 PM and invited all Council Members to help out or anyone else that desires to help to come up, would be appreciated.

 

Superintendent Jensen asked what to do with the computers, computer components etc. the transfer station received, how to get rid of them.  GLOW has special days (usually 2 per year) they accept but they are on Saturdays and an appointment is required by GLOW. Discussion held. Maybe when GLOW’s schedule comes out again, can check and see if one of the transfer station attendant is willing to transfer the items down to GLOW in a town pick-up.

 

Zoning: Special Use Renewals: Renewal applications received from Richard McDonald, 1156 Clinton Street; William Izydorczak, 638 Burrough Road; Joan and Ray Kissell, 1026 Reilein Road and William Ayers, 1846 Manley.  All applied for 3 year renewals, no complaints received on any of them. Zoning Office Kelly had some questions on the Ayer’s renewal. Motion then made by Frounick, seconded by Fontaine to renewal the four applications for 3 years, voting all ayes, carried.

 

Supervisor Grant reported that the Public Hearing scheduled for tonight was not advertised,  the town has not received any comments back from the Planning Board. The Zoning Officer has recommended the flag-lot right of way to be 75' wide and a member of the update committee feels it should be 50 feet as put into the proposed zoning that they worked on.  Supervisor Grant stated the purpose is amending Article 8 of our zoning, which addresses amending the map. There have been changes to the zoning map since 1985 when it was adopted, adding different parcels and changing them, basically consolidates a lot of separate laws, will consolidate a lot of separate laws which have been loose, also adds more detail description of the parcels, so that when someone refers to, for example, the old Cowlesville Post Office 15 years from now, someone may not know that building was the old Cowlesville Post Office. It’s not so much who owns it or what the building is now but the physical address, the property tax map noted and how much property involved, which is the first amendment that would be under review. Article 2, also up for review, in the Agricultural/Residential District, adding a flag lot, a front yard minimum requirement which is not in or current zoning, there was a recommendation from our zoning officer, to add a 75 foot minimum for flag lots. There was one comment on that, a member of the Zoning Update Committee stated that when the committee was reviewing the flag lots, they felt 50 feet was sufficient. Kari reported the Planning Board was working on that. Supervisor Grant said the town hasn’t received anything back yet, and nothing received from the County Planning Board.  Motion made by George, seconded by Frounick to set a public hearing at the November 14th Town Board meeting, voting all ayes, carried. Joanne Mitchell asked about the zoning. Supervisor Grant reported that the town has the current existing zoning, which is in effect, various amendments and sections of the most recent proposal, which the Planning Board, Zoning Officer, other people have reviewed different parts of and herself have been working on, going through section by section, making changes, amendments to our existing law.

 

Water Department - Supervisor Grant reported on the October 4th meeting with Chatfield Engineers (John Paul Scheff and Jason Foote) and the Erie County Water Authority (Leslie Dusk and Tom Wick), met at the Erie Count Water Authority to go over some of the concerns regarding fire flow water pressure within the district (she read letter from the ECWA). Letter basically stated that the ECWA will endeavor to keep the Marilla storage tank, maintain the water level (operating range) in the storage tank at the level the Tn. Of Bennington purchased. The Town of Bennington representative will contact the Marilla Supervisor to discuss changing the pressure setting on the pressure sustaining valve. Town of Bennington will discuss the operation of the water system with the fire department representative to determine operating procedures. Opening the by-pass at the meter vault is NOT an acceptable option. Ellen then read letter from Chatfield Engineers - Summary of meeting, which discussed water levels in tank (and long dead ends, which is the case in the tn. of Bennington). Supervisor Grant reported that prior to the meeting, Councilman Frounick contacted the ISO regarding water pressure, the way hydrants are suppose to be used. Councilman Frounick reported that 20 lbs. of  pressure is sufficient and ISO rating for insurance purposes is 250 lbs. per minute. Ellen also went to the ISO web site and printed off a lot of the guidelines and those are the minimum standards. The tn. of Bennington’s system does provide the minimum standards. Ellen also reported on discussions with other rural water project/authorities and various areas within one water district may have different amounts of pressure, fire flow, depending on where you are located, if down in the valley or up on a hill.  She also stated that the Village of Perry has their fire hydrants color coded to let the firemen using the hydrant know what amount of pressure to expect, say for instance they get to a yellow hydrant, they can expect say 400/gallons per minute, get to a red one 600/gallons per minute etc. The engineers will provide Bennington with a chart of that information so we can do that with our hydrants, color code them, as well indicate on each hydrant what the minimum amount of pressure is, so the firemen are aware of that, also the procedure on using the hydrants needs to be clarified. Short discussion held.

 

Public concerns - Sue Knapp asked about the exterminator for termites for the historical museum.  Supervisor Grant reported that there is someone coming out (she thinks next week) to take a look around and determine what it is and hopefully get it done right then. Sue also reported the outdoor light over front door is burned out. They also want to move a large cabinet from the museum to the town hall and take a small one back down to the museum. Highway Superintendent Jensen volunteered. They also asked if someone could get rid of the extra exterior paint sitting down there. Ellen reported that it’s been donated to the Highway Department. Kari Kelly asked about going to 100% assessment.  Supervisor Grant reported that Assessor Whitmore is working on updating the files on what’s missing, splits that haven’t been done etc, that needs to be done before you can even consider going to 100%. Also, Ellen reported that there is money added to her budget next year to hold information meetings to explain the process and what the impact might be. Short discussion held.

 

Old Business: Harris Corners Fire Contract - The Town of Sheldon (letter read) has approved renewing the Rescue Service contract for the Harris Corners Fire Dept. for two years (so the contract will then coincide with the expiration of the Fire Service contract) at $1800/year (Towns of Sheldon and Bennington will split the cost @ $900 each.  Motion made by Frounick to approve the Harris Corners Fire Contract for 2 years @$900/year, seconded by Gadd, all ayes, carried.

 

Building Projects at the park - Repair of the storage building bids: Louis Breton ($8907); Mucher Erectors ($9373) and Brian Sulzback $10,192.   Construction of the Restrooms: One bid received from Mucher Erectors at $24,000 (for phase 1). Motion made by George to award the bid for repair of the storage building to Louis Breton providing they meet the town’s specifications and provide the town with a certificate of insurance. Motion seconded by Frounick, all ayes, carried.

Bid for restrooms - short discussion held.  Motion made by George, seconded by Frounick to table the restroom project at the park, all ayes, carried.

 

2008 Tentative Budget - Need to set a date for a Public Hearing, budget has to be passed by the Thursday following Election day.  Discussion held. Motion made by Fontaine to re-schedule the November meeting to November 7th, to make the Tentative Budget the Preliminary Budget for 2008 and schedule a Public Hearing on November 7th at 7:30 PM. Motion seconded by George, all ayes, carried.  Motion made by George, seconded by Fontaine to change the date of the Public Hearing on the zoning amendments from Nov. 14th to November 7th at 7:30 PM., voting all ayes, carried.

 

Halloween Trick and Treating - Motion made by Frounick, seconded by Gadd to hold Halloween trick and treating on October 31st from 5 - 8 PM, voting all ayes, carried.

 

Heater/furnace for Historical Museum - Historical members have gotten prices on direct vent wall hung furnace units or a cast iron stove. Discussion held. Motion made by George to go with the cheapest model  ($1193) and if the Historical Society wants to go with a more expensive unit, they pay the difference. Motion seconded by Fontaine. Voting all ayes, carried.

 

Moratorium on land uses - The current Moratorium expires in November and would like to extend for another year so the town may continue to work on junk cars, wind energy and sub-division laws. Have to schedule a public hearing to consider a Local Law extending the moratorium for another year on certain land uses. Motion made by Gadd, seconded by Frounick to schedule a public hearing for the Nov, 7th Town Board meeting to consider a Local Law extending the moratorium for one (1) year. Voting all ayes, carried.

 

Supervisor Grant reported that GFLPC will be giving a presentation on October 24th, 7 PM on wind project zoning laws, all the different components that need to be covered in them.

 

Councilman George questioned the R. Myers bill that board held back last month, asked if their work is finished, maybe should pay. Ellen reported that Jason stated that all that is left is some painting in the vault, also still will be 10% withheld for anything that comes up.  Motion made by Councilman George  to pay R. Myers contracting $19,998.76, seconded by Frounick. voting all ayes, carried. Discussion held on the water situation.

 

Supervisor Grant reported that she received a notice on the retirement estimated bill for 2008 and it’s down $6000 from this year.

 

Mike Magrum asked about training for ZBA members. Supervisor Grant informed him that the Town Board has always encouraged ZBA and Planning Board members to attend training, asked him if he receives the flyers from Genesse/FingerLakes on their training seminars. Mr. Magrum feels way out of town and would like something closer. Told him to get board members to corner them on the 24th and try to have them set up something here at the town hall.

 

There being no further business, a motion was made by Fontaine to adjourn seconded by George, all ayes, carried. Meeting adjourned at 9:29 PM

           

                                                                                    Respectfully submitted:

                                                                                    Judith Brown,   Town Clerk