September 12, 2007 Work Session 6:30 PM

Supervisor Grant along with Councilmen Gadd, George and Frounick audited the General Fund, Highway and Special District claims, discussed the Cowlesville Water situation, Bookkeeper’s software, scrap metal/tire day. Supervisor Grant reported the inmates have painted the museum. Also discussed flag lots, zoning issues, sub-division regulations and mentioned a possible golf program within recreation department if enough interest.

September 12, 2007 Regular Meeting 7:30 PM

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

Minutes of the August 8^th Regular Meeting and the Aug 22, Public Hearing. Supervisor Grant asked if any corrections or amendments. There being none, a motion was made by Frounick, seconded by George to approve the minutes, voting all ayes, carried.

Correspondence: Legal notice of Public hearing received from the Town of Alden regarding Local Law #1 for 2007 Amendment to the Dogs Law for the Town of Alden.

Letter dated August 24^th from Attica Central School stating they have scheduled their Regular Meeting of the Board of Education on Oct. 25, 2007 and June 12, 2008 here at the town Hall.

Letter from the Folsom Trailblazers dated 9/1 thanking landowners for allowing them the privilege of letting their trail system run through their property.

Certificate of Insurance received form J&M Home Builders naming the Tn. Of Bennington as additional insured on their liability insurance.

Letter from Billie Jo Frost Enterprises informing the town that she intends to renew her beer and wine license for the Bennington Bar & Grill.

Monthly town clerk’s report

Departments: Highway - Supervisor Grant reported they are working on Burrough, Tooley & Graff Roads.

Recreation: Supervisor Grant reported they have scheduled a Bake & Book Sale in December, also will be having 2 sessions of golf clinic at Byrncliff (already have 24 signed up for it), if successful will see about offering it next year as part of the program. They are also trying to set up the 2008 events schedule, especially the sports program, get advertised and up on the web site.

Park: Supervisor Grant reported the town has issues with people using the park and not removing the garbage and then the raccoons get into the garbage, maybe have something, like a garbage can in the storage shed. Bathrooms: Councilman George made a motion to advertise for bids on the restroom facilities at the park with the bid opening scheduled for the October 10^th Town Board meeting, seconded by Frounick. No other bids came in for the shed, Supervisor Grant asked if should table for this year. After short discussion, Councilman George amended his motion to include both projects and re-advertise for bids on the shed with the bathrooms. Councilman Frounick seconded, voting all ayes, carried.

Transfer Station - Nothing heard back from Waste Management, Councilman Frounick will follow up. Sharps container - Transfer station attendants have been accepting, but not comfortable with accepting used needles. Supervisor Grant reported that hospital emergency rooms and K-Mart accepts them, also K-Mart is distributing free containers.

Zoning: Home Occupation renewal received from Merlyn Bissell. No complaints. Motion made by Frounick, seconded by Gadd to renew his permit for law offices at 1600 Clinton Street. Voting all ayes, carried. Zoning Officer Kelly with regard to land separation, has an issue with land being sold, goes through the sales process, recorded etc. and when the transfer comes back to the town (sometime 3-4 months later) find out that an illegal lot has been created. She wanted to know how the town gets on the list to be notified prior to a sale and the sale get town approval before it happens. Supervisor Grant asked the Zoning Officer to discuss this with the Planning Board, because it’s her understanding that they are the ones that reviews and approves them and if they are not comfortable with doing it, can discuss at the October meeting. Right now has a problem with a sale of the Pomana property. A parcel that crosses Bullis Road, they want to split it, North side of Bullis- no problem, however the South side will only have 20' of frontage (flag lot). Pete Pomana explained that the property has been inherited by the children and they are trying to split it up. Kari said that all she knows it that the South side is being purchased by the Phillips Land Company but all she would like done is to have property sales checked out first.

Public Concerns: Peter Pomana asked about the water situation in Cowlesville, has it been resolved. Supervisor Grant explained that the engineers and the inspector met with the Erie County Water Authority last week performing fire flow tests in the vault area and discovered that there was a notable amount of pressure loss from Erie County into Bennington. If they do a by-pass around the vault shows enough water pressure for the fire flows. Because that line had been a dead-end, they installed a strainer inside the meter and they now feel that strainer may be plugged reducing flow through the meter. Because it is on Marilla’s side and owned by the Erie Co. Water Authority, the Erie County Water Authority is going to dig it up, service it and see it that alleviates the problem.

Kari Kelly reported that the Recreation Dept. Is also looking into a theme raffle type fundraiser only with gift certificates at Easter time. She reported they made over $1000 from the flea market. Councilman George asked about the donation money, does it have to come to the town and given back to them, where does it go into what account. Kari explained that it goes in an account with the petty cash for play ground equipment. Councilman George just wants to make sure town is covered so that they don’t get audited and asked where all this money is.

General Fund claims #286 - 330 totaling $16569.21 presented. Motion made by George, seconded by Fontaine to approve the General Fund claims, all ayes, carried.

Highway claims #212 - 255 totaling $65,071.87 presented Motion made by Frounick, seconded by Gadd to approve the highway claims, all ayes, carried.

Special District claims; Cowlesville Water District claims #46 - 60 totaling $1873.89 and Cowlesville Street Lighting claim #9 in the amount of #189 presented. Motion made by Frounick, seconded by Fontaine to approve the Special District claims, all ayes, carried.

Supervisor’s financial statements - Supervisor Grant said that they hope they have the software straightened out. Councilman Fontaine asked about the grant money. Supervisor Grant reported that the town will be receiving $100,000 state aid money which needs to be appropriated into the highway fund for highway general repairs. Asked if have to match funds. Ellen stated that in the grant applications, they did ask for a 10% match but the town can get that 10% match by using highway workers time and benefits and not have to use “matching dollars”. Motion made by George to accept the supervisor’s financial statement, seconded by Gadd, all ayes, carried.

2007 budget appropriation - Supervisor Grant asked for permission to appropriate $100,000 of NYS Multi-Modal Grant money into the 2007 Highway Fund budget for highway general repairs. Motion so made by Gadd, seconded by Fontaine, all ayes, carried.

Old business: Harris Corners fire contract - Harris Corners requesting $1800/year to be split between the Town of Sheldon and Bennington. Some confusion between present contract amount and letter. Board tabled the matter until clarified.

Building Projects - For the park, talked about restroom construction and repair of the storage building. At the museum, men from the prison and painted the outside and she believes the Historical Society is doing the inside. Asked if the heater has been fixed. Told not yet, they’re getting price quotes, they have one quote and working on getting several more.

New business: Supervisor Grant stated that board needs to set a date for a public hearing for amendments to the Zoning Law. The Zoning Law amendment regard for the most part, amending the Zoning Map, also in the back of the current zoning book, there is a section, that lists the amendments made to the Zoning Law, as adopted throughout the years which list various properties that have been re-zoned. In the listing, it’s just the name of business, name of property owner. Some have changed over the years and needs to be updated. Ellen had the assessor research all of the parcels, get the parcel ID numbers for these properties so they can be entered into the zoning book. There are also several others that have been done in recent years including what the town did last month on Church Road, along with Ironwoods Golf Course, Hojnowski Trucking etc. that need to be added. The other item that Zoning Officer Kelly has brought up is flag lots not having street frontage established in the zoning and to be consistent with other zoning law, she’s requesting it set at 75' in the A/R District. Those amendments will be typed up and given to the Town Planning Board for their next meeting. Motion made by George to schedule a public hearing for the October 10^th Town Board meeting, seconded by Fontaine, all ayes, carried.

Set date to award the Schoellkopf Road Culvert Reconstruction bids. Motion made by Gadd, seconded by Frounick to set, September 27th, 7 PM to award the construction bid to provide final design tasks and bid construction specifications for reconstruction of the Schoellkopf Road stream bank erosion project. Voting all ayes, carried.

2008 Budget work shop Meeting - Motion made by George to set the budget work session on Sept 27th right after the bid award, seconded by Frounick, all ayes, carried. Councilman Fontaine reported he is scheduled right now to be out of town, so may not be able to make it.

Scrap Metal & Tire Collection - Motion made by Fontaine, seconded by George to hold Scrap Metal/Tire Collection on October 13th. Councilman Frounick feels should advertise more than once, people claim they don’t see it. After short discussion, decided to run the big ad two weeks prior as we always did, then run a small “reminder” type ad the week before as per motion made by Frounick and seconded by Gadd. Voting all ayes, carried.

Councilman George asked about the water re-connection that had to be done last fall, if ever found out what happened when someone had dis-connected a water line and the town paid to have it re-connected. Supervisor Grant reported that Jerry Savakinas was suppose to be at this meeting.

Alternate members to Town Committees and Boards. Last month, town passed a resolution last month but still some confusion in the language. Discussion held. If a member on the board decides not to vote, the alternate should be allowed to vote in their place. So in #2, will strike from unless to end of that paragraph. Motion made by George to amend the resolution as noted, seconded by Fontaine, all ayes, carried. FULL BOARD

Debbie Kipp, secretary to the zoning & Planning Boards asked for permission to purchase a tape recorder for not more than $100. Town Board had no problem.

County info - Supervisor Grant reported that Town of Bennington resident Todd Gadd has been appointed the new Wyoming County Highway Superintendent effective October 1st.

Supervisor Grant gave board members a copy of the sub-division law for their review.

There being no further business, a motion was made by Fontaine, seconded by George to adjourn. All ayes, carried, meeting adjourned at 8:26 PM.

Respectfully submitted:

Judith Brown

Town Clerk