Bennington Town Board

Regular Meeting

August 12, 2009  - 7:30 PM

Supervisor Grant declared the meeting open and asked Councilman Frounick to lead the pledge to the flag.  Present were Council Members Gadd, Frounick, Mohun, George and  Superintendent Jensen.

Minutes of the July meeting: Supervisor Grant asked if any corrections or amendments. Councilman Mohun said that under the Highway Department discussion, her remark on the TIP application and Councilman George’s question were on 2 different subjects. Will amend minutes to include in Mr. George’s question to add “on designation the minimum maintenance roads, which ones” at the end of Mr. George’s question. Motion made by George/Mohun to accept the minutes as amended. Voting all ayes, carried.

General Fund Claims #220-270 totaling $14,186.10 presented.  Motion made by Frounick/Mohun to approve the General Fund claims submitted. Voting all ayes, carried.

Highway Claims #145 – 162 totaling $47,047.19 submitted. Motion made by Mohun/George to approve the Highway claims submitted. Voting all ayes, carried.

Special District Claims: Bennington Street Lighting claim #8 - $183 and Cowlesville Water District Claims 37 – 44 totaling $2,158.61 submitted. Motion made by Gadd/Frounick to approve the Special District Claims submitted, voting all ayes, carried.

Correspondence:  Letter read dated August 5th from Attica Central School requesting use of the Town Hall on Oct. 22, 2009 and June 10, 2010 to conduct School Board Meetings.

 Letter read dated Aug. 6, 2009 from the Tn. of Bennington Wind Energy Advisory Committee re: Monthly report, advising town that their work is complete, all future meetings have been cancelled  and  the committee has dissolved.

 Memo from the County of Orleans, Dept. of Planning & Development re: Training for land use board members scheduled for Sept. 9th and Sept. 16th at Albion Middle School Auditorium. 

 Certificate of insurance received from Tn. of Bennington naming Wyo. Co. as additional insured on it’s liability policy.

 Town clerk’s monthly report.

 Letters of resignation read from Chris Hickey (Planning Board) and Mike Magrum (Zoning Board).

Supervisor Grant’s Correspondence:

August Newsletter from the New York Rural Water Association.

Certificate of Liability Ins. from Wyo. Co. Youth Bureau naming the Town of Bennington as additional insured.

Memo from Wyo. County Real Property Tax Services re: Early taxable values taken from the 2009 Final Assessment Roll, which are provided by district.  Final taxable values will be provided in late October or early November.

Letter from the State of New York, State Board of Real Property Tax Services notifying Bennington that the Final State Equalization Rate is 49.7

Information from Alliance for Business Growth re: Business Ownership Training Course, Sept. 17th to Nov. 18th on Wednesday nights in Geneseo, it’s free to income eligible participants and a nominal fee to others. It’s for prospective small business owners or owners with an existing business who want to expand.

United States Dept. of Commerce re: US Census Bureau re: service locations for people experiencing homelessness, included form to complete if have one or more Targeted Nonsheltered Outdoor Locations

Information from the Office of the NYS comptroller, NYS and Local Retirement System of the February 2010 Estimate, showing contributions for state fiscal year 2009-2010. This is for informational purposes only.

E-mail from Todd Gadd, Wyoming County Highway Superintendent, regarding deer removal and contact person, namely Dick Simonsan  (county roads only)- county’s cost is $38/deer.

E-mail read from Anthony Santoro re: update of deployment of aid to Cattaraugus County due to the severe weather.

2009 County sales tax report from County Treasurer. Sales tax collections year to date are down 3% overall from last year.

Letter dated July 20th read from Mark Clapp – re: his appreciation of Doris Bannister and Mike Mohun’s assistance and reporting on his recent contact with them in his genealogy search, how helpful, gracious and professional these two individuals were in assisting him in his search for family members.

Memo from State of New York, Department of State to Mr. Berwanger, Chairman of the Wyo. County Board of Supervisor’s re: 2008 – 2009 Local Government Efficiency Program – Consolidation of Highway Maintenance Responsibilities by Wyo. Co. and the sixteen towns in the County. Grant application was successful – will receive $100,800 for a road side mower.

Supervisor’s Financial Statement for the month of July – Councilman George questioned the small amounts left in the Fire District accounts as interest earned.  Supervisor Grant reported that was interest and the bookkeeper had to physically write checks out of each one of them to clear those amounts, which went into the General Fund. Motion made by George, seconded by Frounick to accept the Supervisor’s Financial Statement, voting all ayes, carried.

Departments:

Highway: Shared Services mower grant – Supervisor Grant stated the letter she read was an indication they are receiving the grant. Superintendent Jensen stated they won’t see that mower until next Spring. In the Highway claims tonight was a voucher for the mower that Attica and Bennington rented and shared. Bennington’s share was $3000.

Supervisor Grant reported that the town needs to pass a resolution, Town has Legislative Initiative funding for culvert replacement and stream bank stabilization on Schoellkopf Road for $7500. Superintendent Jensen has completed all of the paperwork but has been notified that the Town needs a resolution authorizing the town to enter into an agreement with New York State DOT and authorize a specific person by title only to execute the agreement and sign all related documents. After a short discussion, a motion was made by Mohun, authorizing the town to enter into an agreement with the NYS DOT and that the Town Supervisor be designated as the signee on all documents associated with the Legislative Initiative Funding. Motion seconded by George, voting all ayes, carried.

Local Road re-classification:  Superintendent Jensen reported he has a copy of the letter received last month from Dadd & Nelson, also the 2005 Local Law. He asked the board to allow him a few weeks and he should have a better idea of what needs to be done.

Superintendent Jensen reported he will get information and pricing on the loader (one year buy-out plan), new pick-up truck and replacing of the 1991 Oshkosh which is the only truck that the town can use the “V” plow on. Will have all of the information for next month.

Mr. Jensen reported the beams have been removed from the Urf Road bridge and delivered to Schoellkopf Road. They weight 10 ton each.

 Councilman George asked if paperwork filed with the property owner.  Mr. Jensen reported that everything is finally signed.

Water Department: Supervisor Grant reported having conversations in the past couple of weeks with the Marilla Supervisor, their Engineer and the Alden Engineer, they have received notification, information from Rural Development, that they have got their funding for Marilla and proceeding.  Alden is still trying to get their district formed. They are going to do the upgrades on the lines. Marilla Supervisor Goetz informed her that once they get the material list  and design work done up, ready to go out to bid, Bennington would need to upfront the cost of the difference from the 8” lines to the 12” lines, then they could buy the materials. Once the lines are installed, Bennington would do their share and Alden their share to upgrade on Exchange Street, once that is done, then Marilla can apply (she believes) to Economic  Development, the grant that they received, that will re-imburse us for our part of it. In the engineering report Bennington has, it’s around $45,000 for our share. According to Mr. Goetz, November would probably the earliest that they would go out to bid, their engineer said November or even possibly January. Councilman George asked if enough money in the water district to pay for that or will it have to come out of General Fund.  Supervisor Grant said that right now have enough in the water district, town does have a payment to be made, but if town can roll that over, Municipal Solutions is working on the bonding and trying to find a way of packaging the remainder of that costs, like another $50,000 with our existing debt and getting us a long term bond or loan.

Transfer Station: Councilman Frounick has talked to only one party about the cover for the hopper.

Councilman Frounick stated that the town should get rid of the old compactor. Short discussion held on the old compactor. Will have to check to see who offers the best deal.

Public Concerns:  Supervisor Grant asked if anyone wished to address the board at this time: Bob Padak asked if the town has any plans on annihilating all of the town’s dirt roads. Councilman Mohun informed him that she and Rick worked on an application to try and get a grant, with her idea of trying to connect all of the dirt roads like a bike path, filled out the application, she had questions, ended up calling Jim Stack, that was in charge of it, he basically said that that money was set aside for state highways. She asked him if any money out there for local roads and he said no, not that he knows of. Superintendent Jensen stated that the town is looking at checking with grant writers, picking their brains. Rick came up with a price for the 32 miles of town roads; to drain, put down a base, lay fabric, oil & stone would cost approx. 6.6 million, and that’s very conservative.   Discussion held on roads.

Old Business: County addressing policy – Supervisor Grant reported that last year they discussed the county addressing policy, thought the board acted on it, but was informed the town hasn’t. It’s an agreement between the town and the  County of Wyoming,  basically a major component of the Enhanced 911 police, fire and emergency telephone system, has the capacity to identify the location of a call via computer, accuracy of the addresses are essential to the maintenance of the database.  The county has resources of its Emergency Services, Highway, Sheriff’s and Economic Development & Planning Departments to help with logical, consistent address number designation. They would like the town to adopt this resolution, basically the agreement is that the county will provide right of way designation and numbering service, also approve street names, address number of all individuals, corporation and other entities, will devise research address plans for private roads, identify missing addresses and right of way names within the town which are incompatible with the Enhanced 911, provide a solution for modifying the numbering of all right of way designation address plans which shall be in accordance with the town’s existing address system, any new or additional signage resulting from the address services provided by the county will be the responsibility of the county and a notice that is given out, gives notice to the residents, property and business owners, designing address and point of contact, assessors, zoning officers, code enforcement officers, fire districts, school districts and other county departments as well as the post office. The town shall appoint a single Point of Contact or employee as its Addressing Point of Contact. (There is a separate resolution for that designation). Discussion held. Motion made by George/Mohun authorize the supervisor to execute the Intermunicipal Cooperation Agreement with the county. Voting all ayes, carried.

Resolution to Designate a town Point of Contact – Discussion held as to whom should be appointed, zoning officer or highway superintendent. Motion made by Mohun/Gadd to appoint the Highway Superintendent as the Town Point of Contact. Voting all ayes, carried.

 Cotton Hill Road Signs - Discussed in work session the purchasing of a couple of signs to be placed on  Cotton Hill Road indicating where the various house numbers are, to help out emergency services when they respond, estimating the cost to be approx. $200. Motion so made by Mohun/Frounick to purchase  signs for Cotton Hill Road. Councilman Frounick noted to make sure the numbers are correct. Voting all ayes, carried.

Grant Writing Services:  Material received from two of the consultants the county has been using, Jean O’Connell has been working with the county for a long time, TVGA has been working with the town of Java on their small cities grant for their water district and they too have been contracted with the county to be available for grant writing services. Supervisor Grant reported that the thing she found most helpful in reviewing the materials was looking at TVGA’s cover letter and their approach of establishing  (1) Needs Assessment; (2) Approach; and (3) Grant Application, noting that all services up to step 3 are free of charge. Supervisor Grant reported that at this time any grant writing for a specific project that the towns and villages are undertaking, the county will reimburse half of the cost to the town. Town can be aggressive like the Village of Arcade in applying for grants in the past year and a half, they have received quite a few.

            Jean O’Connell sent a large packet, her cover letter addresses: Town using their service under a retainer and annual fee or yearly contract; quarterly contract or per project basis. Discussion held. Supervisor Grant’s thought was to have TVGA come in which cost nothing, give the town direction on what the town is looking for, if at that point not happy with them, can have Jean O’Connell come in, or just have both come in.  Councilman George feels should have both come in. After further discussion, Supervisor Grant will contact both of them, see if she can set a time when they can meet with the board, in the mean time get a list of needs and projects together.

New Business:

Town Hall Restrooms – Supervisor Grant reported that back in February, she received a letter from State Senator Diaz regarding having money available for senior centers, using stimulus money for upgrading senior centers. She called them last week and was told they believe they will probably get approval for this money this month, they have 33 community centers apply for it. Supervisor Grant explained that Bennington has a town hall which the seniors use for their meetings and a couple of time per year have a hall full of seniors with no handicap facilities. They felt Bennington would qualify for this money. Supervisor Grant sent letters to contractors who operate within our town, or have done business with the town in the last 2 years and only received one response back – Breton Construction. They gave her a proposal a year ago and Jason met with her last week, will be updating that proposal, will get that in and hopefully get that all paid for. Senator Diaz’s office is looking at funding $20-25 thousand dollars per project.

Lift – Supervisor Grant received information from Thyssenkrupp, it has been several years, since town has had maintenance done on the lift, their office location is on Walden Ave. in Lancaster, but they do have a technician who lives in Batavia. They sent a proposal for maintenance exam, price is based on a maintenance visit being performed while they in the Batavia area so they could maximum travel time and that price is $390. Figured that last time it was done was approx. 5 years ago. Motion made by Frounick/Gadd to have a maintenance check done on the lift at $390 by Thyssenkrupp, voting all ayes, carried.

Bennington Vol. Fire Co. Fire Contract – Supervisor Grant read letter dated Aug. 11th from the Bennington Fire Company requesting $88,150 for 2010. It further asked that $24,000 be paid by January 15th and the balance of $64,150 be received no later that April 1st.  Motion made by George/Mohun  to schedule a public hearing for the September Town Board meeting. Voting all ayes, carried.

Board Vacancies – After short discussion a motion was made by Gadd/George to advertise for letters of intent from interested residents to serve either as an alternate or as a member on the Town Planning and Zoning Boards. Voting all ayes, carried.

Use of the Town Hall by Attica Central School for their board meetings on Oct. 22, 2009 and June 10, 2010.  Motion made by George, seconded by Frounick to allow the Attica Central School the use of the Town Hall on Oct. 22nd and June 10th for their school board meetings. Voting all ayes, carried.

Councilman George asked what the judges put in for in applying for the grant, did they request a PA system or even informed of putting in for a PA system, just a suggestion.  Supervisor Grant said she hasn’t heard anything, will check.

Councilman George asked if anything on the union negotiations.  Ellen reported she hasn’t heard anything.

There being no further business, a motion was made by Mohun/Gadd to adjourn, voting all ayes. Meeting adjourned at 8:55 PM.

                                                                                    Respectfully submitted;

                                                                                    Judy Brown, Town Clerk