Present were Highway Superintendent Jensen, Clerk Brown and representatives from Suit-Kote and Midland Asphalt.
Road Construction materials – bituminous products – Two bids received: Midland Asphalt and Suit-Kote. Both bids had the non-collusive bidding certificate.
Tiling - One bid received from LB Tiling @$1.05 per lineal foot.
Hauling - Two bids received: Hojnowski Transport and Huber & Huber.
All bids results incorporated as part of the minutes.
May 13. 2009 Work
Session
Supervisor Grant along with Council Members George, Mohun and Frounick audited the Highway, General Fund and Special District claims, discussed the County Snow & Ice Agreement, public hearing on Goudy, and met with Sandy Gerstner regarding a neighbor situation.
Supervisor Grant declared the meeting open and asked Councilman Frounick to lead the pledge to the flag. Present were Council Members Mohun, George, Frounick and Highway Superintendent Jensen. Councilman Gadd absent, called, will be late, vehicle being towed.
Supervisor Grant opened the public hearing on a special use permit application submitted by Ronald Goudy.
April minutes – Supervisor Grant asked if any additions or corrections. Motion made by George, seconded by Frounick to approve the minutes, voting all ayes, carried.
Supervisor Grant stated it’s been the policy to approve a subscription to the Daily News for the Town Historian. She asked for a motion to approve one for Town Historian Mohun. Motion so made by Frounick, seconded by George. Grant, George and Frounick voted aye. Mohun abstained from voting.
General fund claims #116 – 159 totaling $16,818.81 presented. Motion made by Mohun, seconded by Frounick to approve the general fund claims presented. Voting all ayes, carried.
Highway claims # 94 - 116 totaling $21,119.83 presented. Motion made by Frounick, seconded by George to approve the highway claims presented. Voting all ayes, carried.
Supervisor Grant asked for approval of a transfer from the fire protection district’s checking accounts, the small remaining balances, totaling $38.42 to be transferred to the General Fund, which is interest earned during the period the money was in there. Motion so made by George, seconded by Mohun to approve the transfer, voting all ayes, carried.
Special District claims: Cowlesville Water District claims #22 – 26 totaling $2447.63 and Cowlesville Street Lighting claim #5 in the amount of $183. Motion made by Frounick seconded by Mohun to approve the Special District claims, voting all ayes, carried.
Supervisor’s Financial Statement: Council Member Mohun asked why such an increase in the GF checking balance, where did the money come from. $25,000 was taken from the CD and transferred into the checking. Motion made by Mohun, seconded by George to approve the Supervisor’s Financial statement. Voting all ayes, carried.
Correspondence: Letter dated May 6th read from the Tn of
Bennington Wind Energy Advisory Committee re: Monthly Wind Energy Report for
April 2009. Clerk also
mentioned that The Wind Energy Advisor Comm. has scheduled an
Informational Meeting on June 3rd,
Notice of the
Annual Southern Tier West Local Gov. Conference which took place on May 6th,
also notice from Genesee/Finger Lakes Regional Planning Council of their Spring 2009 Regional Local Government Workshop scheduled for
Memo dated Apr.
22nd from the
Certificates of Insurance naming the Tn. of Bennington as additional insured received from: Zoladz Construction, Duro-Shed, Arthritis Foundation and LB Tiling.
Certificate of Attendance for the Board of Assessment Review received for Bernadine Matteson.
Notice from the Wyo. County Emergency services re: NIMS Training Schedule.
Final Report from the Town of
Supervisor Grant reported receiving a letter from the Wyoming County Health Dept. re: swine flu.
Received notice from Assemblyman Burling that the CHIPS allocation for 2009 – 2010 has been fully restored and the town will be receiving the full payment.
Ms. Grant read
letter she received from the Hopkins Family on
Wind Energy Advisory Committee’s Final Report – Supervisor Grant asked for a motion to accept the Final Wind Energy Advisory Committee’s Report. Motion so made by Mohun, seconded by George, voting all ayes, carried.
Authorize the clerk to advertise for a Wind Energy Informational Meeting on June 3, 2009, 6:30 PM. Motion made by George, seconded by Frounick to allow the clerk to advertise for an Informational Meeting on June 3rd. Voting all ayes, carried. Will advertise in the Daily News and the Attica Pennysaver, will also put on the web.
Departments:
Highway – Supervisor Grant has the 2009-2010 and 2010-2011 County
Snow and & Ice Agreement The agreement shows that
Award bids :
Road Construction materials – bituminous products – Two bids received: Midland Asphalt and Suit-Kote. Both bids had the non-collusive bidding certificate.
Tiling - One bid received from LB Tiling @$1.05 per lineal foot.
Hauling - Two bids received: Hojnowski Transport and Huber & Huber.
All bids results incorporated as part of the minutes
Motion made by Frounick, seconded by Mohun to allow the highway superintendent to use his discretion to purchase road construction materials from the lowest bidder, considering price and availability at the time of need. Voting all ayes, carried.
Public comments on highway issues: Ron Janish read letter from the
Harris Corners Fire Department addressing the condition of the South end of
Guard rail for the Schoellkopf Re-stabilization project, have Jersey barrier there now. – Mr. Jensen reported that sooner or later he will have to get some guard rail for Schoellkopf. He reported he can put used box-beam guard rail for about $3000 less than new but wants to see it before they install it. It will be coming out of Pavilion, it was the cheapest but it’s used, cost about $10,000 to put guard rail through there. Wants Board opinion. Supervisor Grant said that if it looks like it’s still in good shape, its stable. Where they have the heavy excavation, will go with the longer posts, has that all figured into the specs. He’s not in a big hurry to remove the Jersey barrier, because the next phase of the project will be getting under way and will need the Jersey barrier there, has everything in order for that project, but having a little problem with the home owner in her allowing him access.
Supervisor Grant asked Mr. Jesnen if he knows
when the concrete beams will be coming off of the
Councilman George asked if that
he (Mr. Jensen) is going to do something with
Zoning – Supervisor Grant opened the floor to comments on the
Special Permit application submitted by Ron Goudy,
Supervisor Grant reported the town has 3 options: (1) approve for 1 one year, see if no change in use. (2) Table and consult with the town attorney, amend the zoning laws. (3) Vote. Motion made by George to approve the special use permit for one year, for occupancy by his parent only from May 1st through Sept. 30th. Motion seconded by Frounick, voting all ayes, carried. Both Mr. Goudy’s thanked the board.
Councilman George with regards to the Kari Kelly issue being on the map. Clerk has been pulling out a lot of old documents just to make sure that we have everyone that needs to be updated on the map and thinks we have the list pretty well set. In June will probably be doing a resolution amending the zoning map and law, putting a page in the back. Motion made by Frounick, seconded by George to schedule a public hearing for the June meeting, a local law to amend the zoning law. Councilman Frounick wants to review the list, make sure everyone is on there. Some are on the map and not described in the zoning law, which is what Kari Kelly is looking for, a description in the zoning book of the Area Redi-Mix property. Supervisor Grant reported the list will be ready in 10 days. Voting on scheduling a public hearing all ayes, carried
Assessment: Grievance Day is scheduled for the 4th
Tuesday in May from
Water District Notification to Customers in arrears: Supervisor Grant gave everyone a copy of a section of the Water Rules & Regulations and it was brought to the Supervisor’s attention that the town has some delinquent accounts. The Supervisor would like the Board to give the clerk permission to proceed with Article XIV of the water regulations, have the clerk give 15 days written notice, will also copy in our water system operator. Thinks the highest was almost $400. Clerk reported they are billed on the 1st of every quarter, have 30 days to pay the bill, ones with balances after the 30 days are informed they must pay within 10 days or have an addition $10.00 beside the late fees added to their bill. One account hasn’t had anything paid since November.
Transfer Station – Supervisor Grant reported that the town had a very well participated scrap metal day, had a lot tires come in. Mr. Jensen stated that they are suppose to be here Friday to pick-up them up. He reported that on Monday, the highway department cleaned up the yard, packaged up the electronics, called them, they came yesterday and picked up 3 pallets, had some fluorescent bulbs, asked them about collecting them, was told town can collect them but must be in boxes, so they gave town some boxes.
Public concerns – None, everyone left the meeting. Council Member Mohun asked about what happen, like with this guy here tonight, apply for a special permit but does everything ahead of time, before the permit is approved, is there something when people do things like that, that the town can tell them, it’s not approved until it goes to the town board, so don’t start. Clerk stated that at the county level, they could be fined for starting without a permit. Short discussion held. Mr. Jensen feels they are going to be disappointed when they go to the health department and gets denied. Joyce feels they have to know before they fill out the paper work, don’t start until approved. Mr. Jensen stated he stopped at the place on the bend in Cowlesville, guy was out digging by the curb box and wanted to make him aware of it. Guy complained they won’t let him do anything there. Rick informed him all he was doing is informing him of the curb box, doesn’t care about anything else, just trying to protect the town’s investment in that curb box, because if he rips it up, believes will get billed, so he’s going to mark it for him. Guy complained that the town put a cease and desist on him. Here, again is someone doing something without permits. In checking, our zoning permit application states “No building to be started before approval from zoning officer”. Will have to add the wording to the other applications.
Old business: Park restrooms – Joyce brought pictures of Strykersville’s rest rooms, couldn’t get inside, but it’s a 47’ x 18’ building. Joyce reported it was all volunteer work, town only paid for the materials. Board decided to table the rest rooms due to the road situation. Joyce asked about the porta-johns at the park, location of them. Ellen explained where they are placed. Joyce’s only concern about those is to make sure they are clean. They come every week and clean them. She asked if they have hand sanitizers in them. Told no they don’t. Clerk will check to see if hand sanitizers are available and how much that cost.
Resolution on the Collateral Source Legislation Updated – All Board
Members have a copy. Town did a resolution several years ago on this
legislation and now has to be updated. In the past the town would get hit twice
if a public employee gets hurt on the job. Stuff has been held up by this in
SEQR on Cowlesville Water District Meter Vault – Supervisor Grant
read Chatfield’s Engineer’s letter and reviewed the Short Environmental Assessment Form,
along with the suggested resolution.
Supervisor Grant asked for a motion to declare a negative declaration, that this project will
result in no significant adverse impacts to the environment and requires no
further action and to sign off on the sort environment assessment form. Council
Member Mohun asked if the line coming from
Supervisor Grant reported that
there is a copy included in the packet from the Health Department of their
review of the project proposal in regards to the size of the piping
and size of the meter and Ellen knows that Steve Perkins also discussed it with
Clark Patterson. Councilman Frounick asked if she talked with the engineers
from Marilla or Alden. She reported that she talked with the Marilla Engineers
and was told that it’s basically up to
Highland Glens – Pre-Map Planning looking into Highland Glens to do
a preliminary map plan. Ellen doesn’t
want to do anything with Chatfield Engineers proposal to do map, plan and
report for $2500. She’s not even sure right now whether the water Authority would
let the Glens tap in. The Water Authority right now is in a holding pattern
waiting for Alden, how much of that tank, they are going to use, they have concerns right now of whether they will have
enough water to make available for Alden. Councilman George asked that even if
the Glen did the holding tank thing. Ellen said that was her question and their
response was what if they draw the water at 2AM while
you are filling your tank. Councilman Frounick asked if a time frame where
Youth Bureau want to use the Town Hall on
July 31st. They want to do a ”Spend a Day
with the Viking” Program,
Tonawanda Creek Erosion Control – Authorize the Supervisor to apply
for any funds available for mitigation projects. Supervisor Grant reported she’s been
attending the Tonawanda Creek Erosion meetings for a few years now, been
meeting with Greg McKurth, Attica, Sheldon, sometimes
Orangeville, Indian Reservation, the town of Alexander and everyone is
concerned, to try and find ways to mitigate some of the flooding, particularly in Attica and some of the erosion problems
behind the Varysburg Fire Hall, a lot of places in Varysburg and up along Rt.
98, some of Bruce Merle’s property, DOT doesn’t seem to be quite so concerned
even though a lot of it seems to be butting right up against Rt. 98. She said
there is some potential of some grant funds that may be coming down the pipe in
the next couple of weeks.
Mower – Received one bid for the park mower from Kevin Bannister for $4500.
Councilman Frounick got pricing on new Ferris Pro Cut “s” hydrostatic 3-wheel mower as follows:
25H/P Kawasaki V-twin with 61” deck - $7104.24
26H/P Briggs & Stratton extended life series with 61” deck - $6437.52
Mower town presently has, thinks it’s going into the 4th year, it has a 23 H/P engine
After short discussion, a motion was made by Frounick to accept Kevin Bannister’s bid for $4500 and to purchase the 26H/P Briggs & Stratton for $6437.52, motion seconded by Mohun, voting all ayes, carried. Mr. Frounick will talk to Gadd and maybe when they drop the new one off, they can take the old one up to Bannisters.
Rick Reported that regarding the door track from up at the park, he submitted a bid of $10 last Fall, He paid the clerk and finally picked it up.
Supervisor Grant reported that on Memorial Day, will be a parade and ceremony at the Park at 11AM and the Historical Society is doing a dedication for their walkway down at the Museum at noon. The Attica Band is coming down to play.
There being no further business,
a motion was made by Mohun to adjourn.
Meeting adjourned at
Respectfully submitted:
Judith Brown
Town Clerk