January 6, 2010 Work Session 6:30 PM

Supervisor Grant along with Council Members Mohun, Frounick and George (Councilman Gadd absent) audited the Highway, General Fund and Special District claims, discussed the renewal of the moratorium and the memo from Wyoming County Workers Comp. Office re: work place violence policy.

January 6, 2010 Re-Organizational Meeting 7:30 PM

Supervisor Grant called the meeting to order and asked Councilman Frounick to lead the pledge to the flag. Present were Council Members Mohun, George and Frounick. Councilman Gadd absent. Also present were Assessor Wittmeyer and Zoning Officer Kelly.

A. Set Salaries, Fees & Financial Matters:

2010 Town Salaries as per the adopted 2010 budget:

Supervisor $ 5,100

Town Council Members 4@ 1,912

Town Justice 2@ 4,284

Highway Superintendent 43,000

Town Clerk/Collector 16,064

Budget Director 443

Town Assessor (sole) 20,808

Zoning Officer 4,743

Planning Board Members 14.53/Mtg.

Planning Board Chair 17.70/Mtg.

Planning Board Secretary 8.31/hour

Zoning Board of Appeals Members 14.53/Mtg.

Zoning Board of Appeals Chair 17.70/Mtg.

Zoning Board of Appeals Secretary 8.31/hour

Grievance Board Members 9.33/hour

Grievance Board Secretary 8.31/hour

Court Clerk 6,630

Town Bookkeeper 3,213

Town Custodian 1,656

Voting Machine Custodian 110/machine

Transfer Station Operator 4,700

Town Historian 133

Attorney for the Town of Bennington as per voucher

Town Park Maintenance Person up to, but not to exceed $3,366

Part-time and Seasonal Highway 10.71/hour

Transfer Station Assistant 8.00/hour

Recreation Director 650

Prosecutor 3,672

Water System Operator @15.30/day 5,584.50

Water Clerk 510

Water Maint. Superintendent 1,530

Dog Enumerator 1.00 per dog

Zoning Fees:

Variance $125.00

Special Use Permit $125.00

Special Use Permit (under moratorium) $125.00

Special Use Permit renewals 10.00/year

Special Use Permit for Meteorological Towers:

Installation for a term not to exceed two (2) years $ 25.00

Each additional year there after 25.00

Zoning Permits under 400 sq. ft 25.00

Zoning Permits over 400 sq. ft. 50.00

Home Occupation Permits 50.00

Home Occupation Permits – yearly renewal 10.00

Sale of Zoning Books 12.00

Application to re-zone 500.00

Tower Special Use Permit Fee 2000.00

Building Permit Fees for Towers;

First 100 feet 1000.00

Next 100 feet (or part thereof)… 600.00

Each 100 feet thereafter or part thereof 400.00

Co-location Application fee 1000.00

Co-location Building Permit fee 1000.00

Other fees:

Park Rental 25.00

Park Deposit 25.00

Copies of official documents .25/page

Official Rate for Mileage while on Town Business: .45/mile

Banking Accounts:

General Fund Checking Five Star Bank

Highway Checking Five Star Bank

Trust & Agency Account Five Star Bank

Reilein Account Five Star Bank

Town Clerk Account Alden State Bank

Tax Collector Account Bank of Castile

Justice Court Funds Five Star Bank

Cowlesville Water District Five Star Bank

Certificates of Deposit Banks with the best interest rate

Councilman Frounick questioned the salary for the recreation director. Short discussion held. Motion made by Mohun/George to approve the salaries, fees and financial matters. Voting all ayes, carried.

B. Notice of Meeting Dates, Times, Locations and other legal notices

Official Meeting Dates:

Town Board Second Wednesday 7:30 PM at Town Hall with workshop session beginning at 6:30 PM

Planning Board Third Wednesday, 7 PM Work Session, 7:15 Meeting

Zoning Board of Appeals First Wednesday, 7PM Work Session, 7:15 Meeting

Official Election Places District #1, 2 & 3 – Bennington Fire Hall

Official Newspaper for Legal and Official Notices – The Batavia News, Batavia, NY

Official Bulletin Board for posting of Town Notices – Town Clerk’s , Town Hall

Bennington, NY

Councilman Frounick questioned/action on members of the Planning Board in particular, not showing up on time for their meetings. Short discussion held. Motion made by George/Mohun to have the Zoning/Planning Boards have a Work Session at 6:45 and start their meeting at 7 PM and approve the meeting dates, times and locations. After further discussion, Mr. George and Ms. Mohun rescinded their motion and a motion was made by George/Mohun to have the Work Session for Zoning and Planning Boards to begin at 7 PM and their Regular Meeting to begin at 7:15 PM and approve the rest of the meeting dates, times and locations. Voting all ayes, carried.

C. Appointments :

Attorney for the Town Eric Dadd

Zoning & Fair Housing Officer Kari Kelly

Transfer Station Operator John Wojtkowiak

Voting Machine Custodian Jean Perkins

Registrar Judith Brown

Bookkeeper Carol McEwen-Verney

Budget Director Ellen Grant

Town Prosecutor James Wucjik

Court Clerk Christa Dake

Planning Board Chairman Robert Gadd

Zoning Board of Appeals Chairman Gary George

Sec’y, Zoning Board of Appeals Debbie Kipp

Sec’y, Planning Board Debbie Kipp

Inter-Community Medical Cntr. Board Michael Hardie

Town Janitor Carolyn Mruczek

Office for the Aging Representative Walter Lawton

Town Park Custodian Dante Caselli

County Planning Board Representative Water Stevens

Assessor Kandace Wittmeyer

Water System Operator Diane Savakinas

Water System Inspector Gerald Savakinas

Water System Maint. Superintendent Richard Jensen

Water Clerk Judith Brown

Supervisor Grant reported a couple of changes from last year’s appointments – Joe Bicheler did not want to be re-appointed as Bennington’s Rep. to the Office of the Aging and Betty Pfaff did not want a re-appointment on the Inter-Community Medical Board so she asked Mike Hardie and Walter Lawton for approval to those respective boards.

Motion made by Frounick/Mohun to approve the above appointments. Voting all ayes, carried.

Councilman George questioned the issue regarding charging a fee to get a “denied” zoning permit in order to apply for a variance. After a short discussion, a motion was made by Councilman George, seconded by Council Member Mohun to amend the 2010 fee schedule as follows: If a Variance or Special Use permit requires a denied zoning permit, the Town may waive the zoning permit fee based on the Variance/Special Use permit fee covering any town expenses. Voting all ayes, carried.

Regular Meeting

Minutes of the Dec. 9^th and Dec. 29^th Year End meetings – Supervisor Grant asked if any corrections or amendments. Motion made by Frounick/Mohun to approve the minutes from the Dec. 9^th and Dec. 29^th meetings. Voting all ayes, carried.

Williamson Law Book Tax Collection Software License Agreement - The County paid our $330 Software Support this year (Wyoming County has supported all towns in upgrading to Williamson’s Software) but still need to sign the contract. Motion made by George/Frounick to authorize the supervisor to execute the contract with Williamson Law Book for the tax Collection Software. Voting all ayes, carried.

Financial Matters:

General Fund claims #1- 11 totaling $4239.85 presented. Motion made by Frounick/Mohun to approve the general fund claims, voting all ayes, carried.

Highway claims #1-10 totaling $7336.63 presented. Motion made by Mohun/George to approve the Highway claims, voting all ayes, carried.

Special District claim: Cowlesville Water District claim #1 in the amount of $75 presented. Motion made by Frounick/Mohun to approve the Cowlesville Water Dist. Claim, voting all ayes, carried.

Supervisor’s Monthy Report: Supervisor Grant reported a negative amount in the Highway Checking account at the end of December, money from the CD wasn’t transferred until January 1^st. Motion made by George/Frounick to accept the Supervisor’s Financial Statement, voting all ayes, carried.

Correspondence:

Minutes of Nov. 4th Zoning Board of Appeals Meeting.

Town Clerk’s Monthly report.

Information received from the NYS Assoc. of Towns re: Training School and Annual Meeting Feb. 14-17^th in New York City.

Supervisor Grant received memo from the Wyo. County Worker’s Comp. office regarding Work Place Violence and notice that the Labor Dept. is starting to make their visits.

Copy of the letter given to Board Members from the Wyo. County Board of Supervisors which was sent to Gov. Paterson notifying the governor that the county is not going to jeopardize the financial well being of Wyoming County in order to continue to provide mandated services for the State of New York without timely payments for reimbursement of these services due to the fiscal stability of New York State and Wyoming County. Supervisor Grant read letter which was signed by all 16 town supervisors.

Memo from J. O’Connell & Associates re: Information on Legislative Member Item Program. Supervisor Grant reported that the town talked about several items in the past, talking about $50,000 or less, if interested, she has two things in mind, for $50,000 can probably get both bathrooms, (handicap one upstairs in the town hall and the one at the park almost done with volunteer work) or could look at procuring some funding to replace a highway truck, the 1991 Oshkosh in particular (money in the budget this year to buy a new one, under a bond), just need to send a letter to Volker or Burling, do not have to go through Jean O’Connell. Short Discussion held. Board’s feeling was that the town look into buying/replacing the 1991 Oshkosh. Supervisor Grant will get the information to Superintendent Jensen and get the paperwork going.

Supervisor Grant received a letter from the Wyo. County Community Health System. re: Survey. They would like the public’s view on Wyoming County Community Hospital and it’s staff. These were originally due by Dec’ 31^st they did not get a lot of response back, so if can get done and sent in some time this month, they would appreciate it.

E-mail from Audit Master re: cable franchise fees. Audit Masters will audit the cable franchise fees to make sure the municipality is receiving the full amount due under the cable franchise agreement.

Councilman George asked what happened with the surrounding towns switching from the Rochester based to the Buffalo based Time Warner programming. Supervisor Grant reported she hasn’t heard anything except that she thinks it was Darien that said they didn’t want to do anything that would cost them more money to have to pay Time Warner.

Departments:

Assessment: Assessor Wittmeyer reported that the Federal Reserve with regard to home equity loans, are not requiring a firm appraisal and loaning people more money than they really need, therefore paying more interest on these loans, which could result in foreclosure. It’s always best to advise people to get a good appraisal and borrow only what you need to borrow. She will get the info to have available in the office.

Old Business: Set date for public hearing on Local Law #A-2010 Moratorium on Certain Land Uses and Zoning Regulations. In reviewing the proposed law, on page 2, first paragraph, change wind mills to Commercial or Residential Wind Energy Conversion Systems and remove junk yards (regulated under state law). Motion made by George/Mohun to incorporate the above change and set the public hearing and advertise it for the February meeting. Voting all ayes, carried.

New Business: Re-appoint Roger Chudzik to the Zoning Board of Appeals and Carl Wuest to the Planning Board, each for a 5 year term. Motion so made by Mohun/Frounick, voting all ayes, carried.

Letter from D&D Alarms re: Security System current emergency contact list: Supervisor Grant asked Board Members to review it for accuracy.

Supervisor Grant reported having communication with Mike Johnson from MVP Health Ins. They are Mohawk Valley Preferred Care with rates that are considerable cheaper. She has talked with the union and they don’t have a problem with changing. She also noted that Ken Czworka from the Highway Dept. will be meeting with the Board on the 14^th.

Council Member Mohun has information from a couple of vendors that have dumpsters for furniture etc. Vareka out of East Aurora has a 15 yard dumpster, no time limit, $150 to haul it and $54/ton. The guys at the transfer station said there would have to have a cover on it.

Scofield out of Batavia has a 17 yard, at $300/month which includes 2.5 ton disposal with no time limit.
Short discussion held on the transfer station.

There being no further business, a motion was made by Mohun to adjourn. Meeting adjourned at 9:03 PM.

Respectfully submitted:

Judith Brown

Town Clerk