February11, 2009 Regular Meeting 7:30 PM
Supervisor Grant declared the
meeting open and asked Councilman George to lead the Pledge to the Flag.
Present were Council Members Gadd, Frounick, George and Mohun.
Minutes of the January Regular &
Re-Organizational meetings. Supervisor Grant asked if any corrections or
amendments: Councilman George feels that on the bottom of page 187, the last
words, (junk yard) should be in parenthesis, also on page 191 under Old Business
in the first paragraph, the 41 years should read 40 years. Council Member Mohun stated that under Old Business- Local Law #1-2009,
just before the vote where the board discusses the number of vehicle allowed
under the junk and junk yard law, she stated that the number should be limited
to just 2. There being no further corrections or amendments, a motion
was made by George, seconded by Frounick to approve the minutes as amended,
voting all ayes, carried.
Contract from
Williamson Law Book Company for the Annual Support for the Municipal Accounting
Software Support in the amount of $770. Motion made by Frounick,
seconded by George to approve the contract and authorize the Supervisor to
execute same. Voting all ayes, carried.
General Fund Claims #40 - 56 totaling
$54,349.14 presented. Motion made by Mohun, seconded by Gadd to approve
the General Fund claims presented. Voting all ayes, carried.
Highway claims #12 - 41 totaling $42,623.76 presented. Motion made
by Mohun/Gadd to approve the Highway claims, voting all ayes, carried.
Special District claims: Cowlesville Water District Claims #2 -11
totaling $4950.56, Varysburg Fire District $5836.25 and Cowlesville Lighting
District January & February
claims totaling $391.60 presented. Motion made by George, seconded by Frounick
to approve the Special District claims. Voting all ayes,
carried.
Supervisor Grant reiterated that
Town Board Members in the work session prior to the meeting audited the claims
submitted here tonight. If anyone has any questions or wants to review them,
they may do so after the meeting.
Supervisor’s financial Statements – December 2008, January 2009. Motion made by George/Gadd to accept the
Supervisor’s Financial Statements as presented. Voting all
ayes, carried.
2008 Year-end transfer of funds – Supervisor Grant asked for
approval of $297,106 of transfers within the Highway Account and $38,608 transfers
within the General Fund (copy of itemized list incorporated as part of the
minutes). Motion made by Mohun/Frounick to approve
the transfers within the Highway and General Fund, voting all ayes, carried.
Correspondence: Letter dated January 12th from NYSEG re:
replacing existing mercury vapor fixtures with high pressure sodium fixtures
unless town advises otherwise within 30 days of receipt of this letter.
Certificates of Insurance naming
the Town of Bennington as
additional insured received from the Country Plumber, Time Warner Entertainment
and Bennington Fire Company.
Town. of Bennington
Planning Board 2008 Year-End Report.
List of monies paid to the Town
of Bennington from the County
of Wyoming during calendar year
2008.
Jan 7th
and Feb. 4th reports from the Town of Bennington Wind Energy Advisory Comm.
Town’s Clerk
Annual and December Monthly reports.
Tax Collector’s
Trial Balance as of Feb. 11, 2009.
Supervisor’s Correspondence:
Letter dated Feb. 4th from the Wyo. Co. Office of Emergency Services
re: Addresses for cemeteries.
Notice of Wyo. Co Planning Board
Meeting and agenda, also minutes of the January 5th meeting.
Notice of Wyoming County
Agriculture Dinner scheduled for March 28th at No. Java Fire Hall.
Notice of the ARC of Livingston
–Wyoming 2009
Membership Drive.
Letter dated Jan. 30th
re: National Fuel Gas Emergency Contact Information.
Notice from Genesee/Finger Lakes
Regional Planning Council informing town of current activities being undertaken
by the US Census Bureau and New York State
to help ensure every person within our community is counted in the 2010 census
and the 2010 Census Partnership Agreement Form.
Notice of the Wyo. Co. Public
Health Water Operator Training scheduled for March 11th.
Arts Council
for Wyoming County’s invitation to “Awards Evening” March 6th.
Letter dated Jan. 6th
from the New York State Dept. of Health re: New York Water and Wastewater Agency
Response Network (NYWARN)
Petitions - Joseph Roche, 15 No.
Shore, Highland Glens, presented a petition with 137 signatures
representing 105 addresses (70 Highland Glens, 14 from Dersam
Road, 21 Lapp Road)
whom are very highly interested in getting public water. There are more addresses of people who were
not home for what every reason (they were working on weekends getting the
signatures). On Dersam Road, there were a couple
who refused stating they have good water. In the Glens there are 86 full time
residents, everyone signed eagerly, Lapp Road same thing, one woman on Lapp
Road expressed serious concerns about health issues, she’s in remission to
breast cancer, she was part of the study at UB and suggested that there is a
high incidents there with the well water, can’t document that but the bottom
line is that there is high interest. On each one he attached a map as to where
the location was, (they used the town’s tax map to identify the addresses) and
the only deviation from that is that there are seasonal owners in Highland
Glens, they were mailed information and asked to return it and 10 of them did. He asked what the
next step in the process would be and if there is anything they can do. Supervisor Grant has to get in touch with the
town attorney to see about taking steps to draw up a district, set boundaries
for the district, see about getting the district going and getting preliminary
line work done so town can get an estimate on how much it would cost. Councilman
George asked if it’s going to cost to get an estimate done for this, can we get
someone to come up with a cost without paying them to do this, or is there
going to be a cost involved. When the town did the Cowlesville one, town
borrowed money from the General Fund to do the study, which the clerk thinks it was around $5
thousand dollars. Councilman Frounick
reported that money is borrowed from General Fund and if the water district
goes through the money is replaced but if this district doesn’t get created,
general fund is out the money. Supervisor Grant thanked Mr. Roche.
Departments: Zoning – Paul Miller has applied for a 3 year renewal
for his special use permit
on property located at 1566
Friedman Road (light construction, has building
which stores tools and equipment, material and supplies. He does roofing,
siding, windows, doors and flooring, trade contractor engaged in construction
or remodel of residential buildings). There have been no complaints on him.
Last permit was the original issued for 1 year.
Motion made by Frounick/George to renew his permit for three years,
voting all ayes, carried.
Jeff Ripstein (Rips’s Dairy &
Feed Automation) was sent a renewal. Zoning Officer Kelly reported that the Mr.
Ripstein sold the business in 2007 and therefore no longer needs the Special Use
Permit.
Assessment: Supervisor Grant reported that Assessor Wittmeyer is putting
together material to do public workshops
on property taxes and assessment for tax payers and local officials, basically
helping people understand how their assessment is derived and if they want to
challenge it, what materials, information they need to put together to make
changes. Assessor Wittmeyer would like
to set up 2 -3 of these, discussed having the first one on Saturday, March 21st
from 11AM – 1 PM, this will be advertised, will also invite the members on the
Assessment Review Board. Council Member Mohun asked if she talks about going up
to full assessment (100%). Ms. Grant thinks she talks about it at the end,
thinks she brings that up in the last 20 minutes and explains it. Supervisor Grant
would like to have one of these meetings in March and then 2 more in April.
At this time Supervisor Grant
excused Councilman Gadd from the meeting.
Public Concerns: Kathy Forgnone asked about the junk law.
Supervisor Grant reported the law was voted on, did
not pass and she has had several people ask her about junk vehicles and
procedures. Joyce has gotten some information from the Town of Alden. Council Member Mohun reported the Tn. of Alden has their own junk law, she asked them how
they handle it, the procedure they follow and they sent her the form. If in
Alden somebody complains, he (code enforcement officer) fills out the form,
sends it to the people, they then have 30 days to comply, if they don’t comply,
he then starts court proceedings. They do not have formal, signed complaints. She
(Joyce) also talked with the Tn. of Attica Supervisor
and if in Attica, it’s in the site of the town, (where
people can see it) the people will get served. If they move
the vehicle out of site (can’t be seen from the road), but the neighbor can
still see it, the town will then act under a formal signed complaint of the
neighbor. Joyce then got the State Law, Property Maintenance Code,
Chapter 3, Section
302, that deals with junk cars and states a minimum of 2 unregistered motor vehicles, deals with
weeds, lawn has to be kept up (not more then 10” high), she feels that law
covers what the town was trying to do and feels the zoning officer can enforce
it. If it’s in plain site, she can file a complaint, fill out the form, have it
served, they have 30 days, if they don’t comply, they
go before the judge. The only thing is that it doesn’t address fees/fines and
doesn’t deal with agriculture. Discussion held. Councilman George feels that if
they went through the last law and took out the items, so that they could
actually pass the items on junk yards, that would have his support, to do
something like that so the town is moving forward, set up a zoning law for commercial
junk yards, if somebody was to set up as a junk yard, set up the same rule as
your home, if not 50% of you income, doesn’t count. More discussion held.
Councilman Member Mohun also got in touch with
the building department about the guy in Cowlesville at the east end of the hamlet and was
informed by Don Roberts that he put a note on the property. The guy got in
touch with him and stated there was nothing he was doing except digging, trying
to get drainage. Mr. Roberts said the guy was talking about fixing the place up
and Mr. Roberts informed him he would have to get permits. Mr. Roberts will
keep his eye on it. Supervisor Grant stated that Mr. Roberts told her he sent
him permits to fill out, she thinks in November.
Supervisor Grant stated that in this book, the Property Maintenance
Code, it does say, under section 103, that a town that is responsible for the
administration and enforcement of this code shall designate a code enforcement
official in accordance with the provisions of a local law. So it sounds like
the town will have to adopt a local law designating who would enforce
this. Short discussion held on the state
law. Supervisor Grant believes that if
you have the means to enforce it, then you are obligated to enforce it, as individuals
who have taken an oath of office to uphold the laws of the State of New
York. Need to make a copy of all of this, see what it
contains and maybe get a copy of what Alden and Attica
has as well, do some comparison. Supervisor Grant will in the next upcoming
weeks, pull out a draft junk law, do a stand alone law, the part that addresses
junk yards, so that if telling people, you have a junk vehicle, do you have a
junk yard or else get rid of it, town needs to have a standard of what a junk
yard is and if people want to get a permit, here is the process and also get
copies of whatever laws these two other
communities are doing outside of what New York State has on the books and how
they are handling it. Supervisor Grant
will also talk with other supervisors, see what they have, how they are using
it etc.
Old Business:
Engineering proposal – Clinton Street water meter pit. Supervisor Grant reported that the town has
received only one proposal for the water meter pit and that was from Chatfield
Engineers, the county engineer has offered to look over any plans that were
drawn up, one of things she discussed with him, is that she believes she can
get an agreement
with Chatfield, (if they do this), is to do the hydraulics or tell what the
fire flows will be, if they have an 8” or 6” meter, put something in writing.
On what costs would be involved for the different sizes, have some conflicting
reports on what’s available and what’s not available, what’s adequate and
what’s not adequate. Councilman George asked if they would be willing to meet
with the town first before they do anything, so that we can tell them what they
liked or didn’t like the last time. Ellen agreed. Councilman Frounick asked
about the time frame. Supervisor Grant
stated they need to get something going so they can get it put in, probably in
May, doesn’t know how long the engineering and bonds take to do and the specs
for bidding it out, lot of permits. Supervisor Grant will see if they can come
out on a Saturday morning. Councilman George made a motion that after a meeting
with Chatfield, Board Members are happy with what information they give the
Board, Supervisor Grant is authorized to execute the contract with Chatfield in
the amount of $9114. Motion seconded by Frounick, voting all ayes, carried.
Supervisor Grant will try and set up a meeting for Feb. 28th, also
maybe at that time they can have some preliminary numbers.
Audit of the 2008 Town Financial Records – Supervisor Grant reported Don Przybyl,
former state auditor reviewed the records of the Town Supervisor/Bookkeeper,
Town Clerk, Tax Collector, and Town Court, had
recommendations, which are attached to the resolution and reviewed them
with board members. He found no discrepancies or improper procedures and all
records found in good order. Supervisor Grant read the resolution. Motion made
by Frounick, seconded by George to approve the resolution. Frounick, George and
Grant voted aye. Council Member Mohun abstained from voting. (copy of resolution
incorp. as part of the minutes).
Town Historian Vacancy – Town received two letters of intent,
Michael Mohun and Lesa VanSon. Board decided to interview them at the next work
session.
New Business:
2009 Sheriff’s Lease Agreement ( April 1, 2009
– March 31, 2010) , same agreement as in the past. Motion made by
Mohun/Frounick to approve the Lease Agreement with the Sheriff’s Department. Voting all ayes, carried.
Inter-Community Medial Center Participation Agreement
renewal – Motion made by George/Mohun to accept the Intercommunity Medical Center’s
Participation Agreement. Voting all ayes, carried. Betty Pfaff is Bennington’s
representative and was approved last month.
Poland Hill Road name designation: Supervisor Grant read
letter from the Office of Emergency Service re: A section of a town roadway know both as Poland
Hill Road and Poland Road
with the possibility of causing some confusion in the response of emergency
situations. Since all tax records use Poland Hill Road
as their address, she
drew up and read a resolution at the request of the Office of Emergency
Services, so that the roadway within the Town of Bennington
marked in various sections as Poland Road
and as Poland Hill Road be
officially named and marked as Poland Hill Road.
(Copy of resolution incorp as part of the minutes). Motion made by
Mohun/Frounick to approve the resolution.Voting all
ayes, carried.
Office of the Aging - Nutrition Site Relocation – Supervisor Grant
reported that the Office of the Aging Nutrition Site will be relocating beginning the 1st of March due to declining
numbers at the site here at the town hall and the difficulty of maintaining a
meal site manager. The Office of the Aging is trying a new program where they
will be replacing nutrition sites in restaurants within communities and Bennington
will be the first in Wyoming County
to do so. They will be moving the nutrition site to Monday’s at the Pine Lounge in Cowlesville and
see how that works. They believe that
between the expense of the meals and site manager (manages the site and
transports the food), they are able to do it at the Pine Lounge and be able to
fund approx. 40 meals for what they were paying to provide services for the 7-8
people here at the town hall. Seniors will still pay the $2.75 contribution for
their meals (will have three choices) and the nutrition site makes up the rest.
The senior is also asked to provide the tip for the waitress if they feel so
warranted. This will also give the Office of the Aging a more outreach for the
programs they offer. The only drawback is that they can’t play cards down there,
believes it’s due to the state liquor law, will have to come to the town hall
or go somewhere else to play cards.
Office of the Aging has requested use of the Town Hall on April 13
for their senior citizens program. It’s
a yearly event, all seniors from the county are invited and they are entertained by Attica
School (believes Middle School). They
do different game shows and some of it is about nutrition. Motion made by George/Frounick
to allow the Office of the Aging the use of the Town Hall on April 13th.
Voting all ayes, carried. They will be asked for a
Certificate of Insurance.
Problem Gambling Week - Letter received from Partners for
Prevention regarding National Problem Gambling Awareness Week. They are asking for support from all of the
communities in Wyoming County
to raise awareness of problem gambling and compulsive gambling issues in Wyoming
County. She believes they are
promoting gambling awareness regarding teenagers and senior citizens. They are
looking for proclamations for problem gambling. Supervisor Grant read the
Proclamation. Motion made by
George/Frounick to approve the
proclamation, recognizing March 1st through March 7th as
Problem Gambling Week in the Town of Bennington, voting all ayes, carried.
Park Mower – Councilman Frounick will find out how many hours are
on it and get an estimate on what it is worth.
There being no further business,
a motion was made by Joyce/George to adjourn, voting all ayes, carried. Meeting
adjourned at 8:52 PM.
Respectfully
submitted:
Judith
Brown
Town
Clerk