September 14, 2011 Work Session 6:30 PM

Supervisor Grant along with Council Members Mohun, Frounick and Gadd (Councilman George called and said he would be late) audited the highway, general fund and special district claims. Supervisor Grant discussed with Board Members some sort of compensation for the Sheldon Bookkeeper who has been working with June and also something, maybe gift cards for the baseball leaders. Supervisor Grant reported that Bullis Road is scheduled to be paved next week and that Rt. 77 is slated to be closed for approx. another 4 weeks to complete the culvert work just South of Rt. 354. Superintendent Jensen stated he will be posting speed limit signs on Poland Hill and Graff Road and also notifying the Sheriff’s Dept. and State Troopers, truck traffic has tremendously increased on those roads due to the closing of Rt. 77 here in Bennington. Trucks are coming around the barriers at Rt. 77 and 20A, coming up to Poland Hill and over Graff. Council Member Mohun questioned the 2% Property Tax Cap and asked about the roads town highway working on. Also discussed Cable, letter from Computal on utility rates and Ag. District #4, which is scheduled for a public hearing on Oct. 12^th at the Board of Supervisor’s Meeting.

September 14, 2011 Regular Meeting 7:30 PM

Supervisor Grant declared the meeting open and asked Councilman Gadd to lead the pledge to the flag. Present were Council Members Mohun, Frounick and Gadd. Councilman George called and said he would be a late.

Supervisor Grant opened the public hearing to consider a one year contract to provide Fire Protection and Ambulatory Services to the residents of the Town of Bennington in the amount of $90,000 for 2012.

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

Financial Matters:

General Fund claims #248 – 280 totaling $8,213.15 presented. Motion made by Gadd/Frounick to approve the General Fund claims submitted. Voting all ayes, carried.

Highway claims #253 – 277 totaling $34,867 presented. Motion made by Mohun/Gadd to approve the Highway Claims, voting all ayes.

Claims Special District: Cowlesville Street Lighting claim #9 ($165.71) and Cowlesville Water District claims # 45 - 50 totaling $2,464.90 presented. Motion made by Frounick/Gadd to approve the Special District claims, voting all ayes, carried.

Supervisor Grant’s Monthly Financial Report for the Month of July – Motion made by Mohun/Frounick to accept Supervisor Grant’s Financial Statement, voting all ayes, carried.

Correspondence:

Certificate of Insurance, Town of Bennington naming Wyoming County Highway Department as additional insured on its liability policy.

Letters read dated August 2^nd from the NYS DOT re: TE-9 request to investigate traffic conditions on Bullis Road entering the Hamlet of Cowlesville and TE-9 request to investigate traffic conditions on Urf Road entering the Hamlet of Cowlesville and Lapp Road entering the Hamlet of Cowlesvile relative to the establishment of a lower speed limit.

Zoning Officer Kelly’s report of permits issued.

Planning Board minutes of the July 20^th meeting.

Town Clerk’s monthly report.

Supervisor Grant received notice from the NYS Dept. of Taxation and Finance, Office of Real Property Tax Service establishing a final State equalization rate of 50.00% for the Town of Bennington.

Report from Cornell University Cooperative Extension, Wyoming County on their Agriculture Promotion Program.

Notice for 4-H Camp Wyomoco on their Dedication Ceremony, Oct. 3^rd, tours, dinner and dedication of their permanent History Display.

Information on Finger Lakes Trails Greenways Conference, Friday Sept. 23^rd.

Letter from Wyo. County Soil & Water Conservation District re: Will begin charging fees for technical services and Stream/Wetland Disturbance Permits which previously were free.

Association of Towns notice of increasing dues for $2012 – will be $800 for Bennington.

Smoke Free Now Community Newsletter.

Notice of Pioneer Library System’s 22^nd Annual dinner and meeting scheduled for Oct. 12^th.

Departments:

Water – Supervisor Grant reported that Bruce Sitzman and his Associates will be meeting with Diane and Gerry Savakinas tomorrow morning, regarding the procedures etc. in monitoring the water system. It’s expected they will be taking over the end of October.

Hydrant flushing has been scheduled for Oct. 12^th in the morning.

The Fire Flow Tests results are back from Chatfield and on October 7^th, they will open the new meter vault on Clinton Street.

Highway – Supervisor Grant reported that Rt. 77 will be closed for approx. 4 more weeks, they estimated that it would take 1-1/2 months to repair the culvert just south of Clinton Street.

Town Highway has been doing some oil & stoning, repairing shoulders on South end of Maxon and roadside mowing.

Supervisor Grant noted that Highway Superintendent will be posting Graff and Poland Hill Roads for weight limits, trucks have been using them for detours.

Zoning – Special Use Permit Renewal received from Tony Michalek. Mr. Michalek has applied for a 3 year renewal. No complaints received. Motion made by Frounick/Mohun to approve Mr. Michalek’s permit for 3 years. Voting all ayes, carried.

Frank Weber III has applied for a Special Permit for a Micro Distillery at 611 Woodley Road under the New York State Farm Distillery. Would be operated under the rules and regulations of the NYS Ag and Markets and the NYS State Liquor Authority. Andy Wegrzyn addressed the Town Board and informed them that this was originally going on Three Rod Road (they already received approval from the Town of Alden) but then decided that it made more sense to do it on the Woodley Road site. Building already there, doesn’t require as much work as the Alden site. This is a 1-2 people operation, they would have retail outlets, cannot sell out of the site, not open to the public, would buy locally grown corn and apples. They are looking at a high end product, selling in pints only. After a short discussion a motion was made by Frounick, seconded by Mohun to schedule a public hearing for the October 12^th Town Board Meeting and to send their application to the Town’s Planning Board for their consideration and recommendations. Voting all ayes, carried.

Assessment: Assessor Wittmeyer reported that she got her first look and tour of a digester and it was very interesting. She attended a conference in Buffalo this past couple of days. She reported that since the NYS Dept. of Taxation and Finance took over Real Property Tax Services, the assessors are not getting any help from Albany, so the Assessors are on their own and dropping. Four years ago, they had 600 assessors, two years ago dropped to 400, today have 200 and not replacing them. The seasoned assessors are trying to recruit and train younger people to take over. In Erie County get no support from Real Property Tax Services, in Wyoming County, different story, they do everything for you. Council Member Mohun asked about the 2% tax cap. Ms. Wittmeyer explained that local governments and school districts property taxes will be capped at 2%, cannot raise taxes more than 2%, anything over that would have to be approved by local communities and local voters with a 60% approval of the voters. She also reported that the state has some new software that has glitches, they put it on one of her computers in Elma and it’s not working properly, can’t get information off of it, so she’s not allowing them to put it on any of her computers in other towns including here in Bennington. It’s already crashed a computer in another town.

Supervisor Grant reported that at the County Level talking about a study to do county wide assessment and last month she was directed to put together a resolution indicating that the Bennington Town Board was against County Wide Assessing. Ms. Grant read the resolution that the Town of Bennington is reserving its right as a local government unit to elect not to be a participant in a county-wide assessment program and to not be financially obligated to support such a program at this time. Motion made by Council Member Mohun, seconded by Councilman Frounick to approve the resolution. Voting all ayes, carried.

Recreation/Park – Supervisor Grant reported that they are in the process of getting everything together for the initial work to be done up at the park yet this year on the bathrooms. She also stated that she received a call from a town in Columbus County who are applying for a similar grant and she shared our information with them. Councilman George stated that by the time get everything ready will be too late to do anything this year, feels should plan on starting first thing in the Spring when frost is out of the ground.

Councilman Frounick asked about the roof on the pavilion at the park, that Rick had mentioned needs repair. After short discussion decided that Councilman Gadd will get a couple of quotes as well as Councilman Frounick. Discussed metal vs. shingles. Quotes to be in by the next meeting.

Public concerns – Council Member Mohun reported that on Friday, Sept. 23^rd, there will be a dedication of the new flag pole in honor of the veterans who have served in the Armed Forces since September 11, 2001. It will be held 6:30 PM at the Attica High School foot ball field before the game.

Public Comments for the contract with the Bennington Fire Company – The Bennington Fire Company is requesting a one year contract in the amount of $90,000 to provide Fire Protection and Ambulatory Services to residents in their fire district. They are also requesting that $25,000 be paid no later than January 15^th and the remaining $65,000 dispensed no later than April 1, 2012. Clerk read their letter. Supervisor Grant asked if anyone had any comments. None. Supervisor Grant asked for a motion to close the public hearing. Motion so made by George/Mohun. Voting all ayes, carried, public hearing closed at 8:12 PM.

Voting on the Bennington Fire Contract – Supervisor Grant asked if any Board Members had any comments, questions or concerns on the fire contract. Motion made by Mohun/Gadd to approve the Bennington Fire Contract for one year in the amount of $90,000. Voting all ayes, carried.

Old business: Cable TV expansion – Supervisor Grant reported she visited the residents on Woodley and Gadd Roads and the majority are interested in cable. She took the information and contacted Time Warner, asked for updated rates and has not received a response back yet. Councilman George feels town should get a contract with them to ensure they do the job, have been told to do the expansion and nothing gets done, with contract can force them to get the job done. Supervisor Grant reported that one resident in the Gadd/Woodley area, went out with a petition, got signatures from residents in that area, sent it to Time Warner and got no response back.

Town Hall Repairs – Councilman Gadd got a proposal for the repairs on the Town Hall Building, he said that although it doesn’t state the soffit, that is included. Proposal from Advanced Facilities Services include repair of the flashing at front peak of building, three sections of white siding, reset three pieces of stone ledge to wall, power wash entire building, wash all exterior windows, side and main staircases at a cost of $1798. Councilman Frounick reported that there was suppose to be a proposal from Tozier. Councilman George had a proposal from Mooney Construction for $3880 which included $1500 for chemical washing. Discussion held as to chemical washing vs. regular washing. Mr. George stated they included the chemical washing because they found mold up where the soffit is loose. After discussion, a motion was made by George to accept the proposal of Advance Facilities and to check into chemical washing if needed or not, if price is under the $1500 submitted from Mooney to go with it, if not hold off, not do the chemical washing and see what happens down the road, can always do the chemical washing at a later date. Motion seconded by Mohun, voting all ayes, carried.

New Business:

2012 Town Budget – Tentative Budget – need to schedule a Special Town Board Session on or before October 5^th. After discussion, a motion was made by Frounick/George to schedule a Budget Work Session/Meeting on October 4^th at 7 PM and authorize clerk to advertise same. Voting all ayes, carried.

Fall Scrap Metal & Tire Day - Discussion held as to whether should even have, not getting enough scrap on that day anymore especially now with the dumpster up there. Councilman Frounick feels should have one more, some people still look forward to it. Supervisor Grant added that maybe do it this Fall and poll the people that come in and see if they still are interested. Motion made by Frounick/Mohun to schedule the Fall Scrap Metal & Tire Day for October 15^th and authorize the clerk to advertise twice as in the past. Voting all ayes, carried.

Utility Billing Analysis – Supervisor Grant received a letter from Computal Consultants asking permission to allow them to perform an utility analysis to see if the town is being overcharged by the utility companies, charging wrong rates, underpayment of franchise fees etc. There is no charge for this but if Computal finds any overcharges, they would get 50% of what the town would be re-imbursed by the utility company. Since it doesn’t cost anything, a motion was made by Frounick/George to allow Computal to perform the analysis, voting all ayes, carried.

Agricultural District #4 Review – Supervisor Grant reported that they are eliminating Ag District #1 and moving them to Ag. District #4. Bennington would have 24 parcels moved to Ag District #4 for a total of 1060.99 acres. The Wyoming County Board of Supervisors has scheduled a public hearing at their Oct. 11^th Board of Supervisors Meeting to consider this. Maps are on file at Wyoming County Water & Soil.

Set date and hours for Trick or Treating in Bennington – Motion made by Gadd/George to set Trick or Treating for October 31^st – 5-8 PM. Voting all ayes, except for George who voted nay.

Old voting machines – Have three voting machines taking up space in the store room. After a discussion, a motion was made by George/Gadd to declare one as surplus and dispose of it. Voting all ayes, carried.

Councilman George asked what roads the Highway Dept. has been working on – Ken Czworka reported that they did oil & stoning on Schad, Getman, North Burrough, Poland Hill, Sinn and Tinkham. Asked if any plans on completing Schad from where they stopped just South of Unselts to Clinton. Mr. Czworka didn’t know. Supervisor Grant reported that Mr. Jensen has filed for retirement effective the end of October.

Park roofing – Councilman George asked about the color. Metal color cost more. Board agreed on green. Since the bathrooms and the pavilion will be next to each other. Councilman George suggested getting labor and material cost separate for the pavilion and then maybe he can negotiate a price on the whole cost for the roofing so you get the same color. Short discussion held.

There being no further business, a motion was made by Council Member Mohun to adjourn. Meeting adjourned at 8:38 PM.

Respectfully submitted:

Judith Brown, Town Clerk