October 14, 2009 Work Session 6:30 PM

Supervisor Grant along with Council Members Mohun, Frounick, Gadd and George audited the General Fund, Highway and Special District claims. Discussed: DEC’s new Open Burning law; Seasonal Use Roads; Blood Donation Policy and Wind Energy Local Law draft. Superintendent Jensen opened bids on new pick-up truck as follows:

Van Bartel – Victor, NY $16,108

Spurr/Courtesy – Brockport $23,456

Kelly McCumbs (Vision Ford) – Rochester $15,982

West Herr – Hamburg $16,687

Emerling Ford- Springville $16,109

Non collusive bid certificates were included with all bids.

Superintendent Jensen asked Board Members not to make a decision tonight, still working on getting the PIN number from Ford which will give the town a discount, also wants to compare the bids, make sure comparing apples to apples on the pricing.

Superintendent Jensen gave Board Members an update on his road projects and asked to be excused from the meeting tonight, has another meeting he would like to attend.

October 14, 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 George, Mohun and Frounick, also Assessor Wittmeyer. Councilman Gadd excused as well as Highway Superintendent Jensen.

Supervisor Grant opened the public hearing to consider a one year contract with the Bennington Fire Company.

Minutes of the September meeting – There being no amendments or corrections, a motion was made by Mohun/George to approve the minutes as submitted. Voting all ayes, carried.

General Fund claim #287 – 313 totaling $10,863.55 submitted. Motion made by Frounick/George to approve the General Fund claims, voting all ayes, carried.

Highway claims #173 -193 totaling $87,978.26 submitted. Charles Stedman asked how much was in that amount for stone on Stedman Road. Told there was $7782 in this amount for stone but not sure if any of this went on Stedman. Would have to ask Mr. Jensen, not here, informed Mr. Stedman that Mr. Jensen asked to be excused from the meeting because he had another meeting to go to. Charlie Stedman, Michael Stone (also present was Tom Geitner and 2 other gentlemen from Stedman Road) complained on the condition of the West end of Stedman Road and want it maintained now. They saw stone being put on the East end of Stedman (feels that gets all of the attention due to the golf course) and stated that the West end never gets anything done to it, they at least would like the pot holes filled. They reported that there have been numerous accidents on the West end and going to pursue this until something gets done. They also reported that there has been a solid turn-a-round made on private property. Board members informed them that the Town Board is trying to find funding (met with TVGA consultants last month to discuss this matter) for roads and other items. Councilman George will talk to Rick and get back to them. Motion made by Mohun/Frounick to approve the Highway claims submitted. Voting all ayes, carried.

Special District claims: Cowlesville Water District claim #48 – 56 totaling $2895.90 and Cowlesville Street Lighting claim #10 - $183 submitted. Motion made by Frounick/George to approve the Special District claims submitted, voting all ayes, carried.

Supervisor’s Financial Statement for September – Supervisor Grant reported that the reason the Highway checking account is so high is because the CHIPS money came in at the end of the month (29^th) and wasn’t transferred into a CD until after the 1^st of October. Motion made by George, seconded by Mohun to approve the Supervisor’s Financial statement, voting all ayes, carried.

Correspondence: Certificate of Insurance received from Charfield Engineers naming the Tn. Of Bennington as additional insured on their liability policy.

Notice from ABG Consulting and Training dated Sept. 9^th notifying the town that Billie Jo’s Enterprise Inc., DBA Bennington Bar & Grill, notifying the town of their application to the New York State Liquor Authority for an alternation to the licensed premises.

Notice from TVGA of their FREE 2009 Planning & Zoning Board Training schedule.

Town Clerk’s monthly report.

Supervisor Grant received information from the U.S. Dept. of Commerce regarding the 2010 Census re: New Construction Program which provides for an opportunity for local officials to submit a list of city-style addresses for housing units under construction which began during or after March 2009 and completed by census day, April 1, 2010.

Copy of letter sent from Senator Dale Volker and Assemblywoman Jane Corwin to American Rock Salt regarding their concerns over the increasing burden localities in Western New York face when it comes to purchasing road salt.

Departments: Highway- Town opened bids earlier this evening on a new pick-up, 5 bids received:

Van Bartel – Victor, NY $16,108

Spurr/Courtesy – Brockport $23,456

Kelly McCumbs (Vision Ford) – Rochester $15,982

West Herr – Hamburg $16,687

Emerling Ford- Springville $16,109

All bids had the non-collusive bid certificates. Superintendent has requested that the Board table the awarding of the bid until he has a chance to review them to compare them and see if they meet the specs. Motion made by Frounick/Mohun to table the awarding of the bids until they have been checked. Voting all ayes, carried.

Zoning - Clerk reported that Jeff Wuest (Excel Fence) has moved his business to Darien, Currently has a Special Use Permit in Bennington.

Councilman George would like to see copies of the variances issued by the ZBA, to make sure the wording is correct and the applicant is aware of exactly what they’ve applied for so that we have no problems in the future. Recently had an issue, where someone got a variance, put up a building which isn’t in the requested limits, just wants to make sure it’s worded in the variance, so that the applicant is responsible for ensuring that they are following the requirements, so that the town doesn’t have a problem in the future.

Assessment: Assessor Wittmeyer reported she attended a conference last week in Syracuse which was for education to keep her credits up, has accumulated 24 now for the year. She’s been working on writing articles for the Erie Co. Assessor’s Assoc., public information, guidelines to help the public understand the process, also has put together a power point presentation to help educate the taxpayer, her goal is to get that on the web site to inform the taxpayer of what to do and how to go about it. Supervisor Grant asked about a presentation for the Town Board . Assessor Wittmeyer willing, asked when do they want to do. The board has to schedule a public hearing on the budget before the next meeting. After a short discussion, a motion was made by George to schedule a meeting for October 28^th, 6:30 PM, to include a public hearing for the Preliminary Budget for 2010 and have Assessor Wittmeyer do her presentation at 7:15 PM, also authorize the clerk to advertise same. Motion seconded by Mohun, voting all ayes, carried.

Water Department: Supervisor Grant reported the town had a new tap-in on Bullis Road this past Tuesday for a house under construction. The construction company the home owner hired to do the work is the same one the town has retained for emergency repairs, had to get a permit from the county highway department because they were working on the shoulders of the road. Everything went well, all reports were good.

Transfer Station – Scrap Metal Day set for this Saturday 8AM to 2PM. Nothing on the cover for the compactor, Councilman Frounick hasn’t met with Mr. Dunn yet. Clerk reported that Mr. Dunn has not submitted his certificate of insurance to date.

Public Concerns: Councilman George asked for a phone number from one of the Stedman Road residents, he will talk to Rick and call them back by the end of week, let them know what the Highway Department is going to do and asked if that person would call the other neighbors and inform them. Charlie Stedman gave his phone number and stated that they are not going to give up on this matter. Supervisor Grant noted that Rick did mention tonight that he plans on doing more patching next week because the weather is suppose to be good, warm enough so that they can do patching. Short discussion held on roads.

Public Hearing – Bennington Fire Company Contract - The Bennington Fire Company has requested a one (1) year Fire Protection and Ambulatory Service Contract for fiscal year 2010 in the amount of $88,150 with $24,000 to be paid no later than Jan. 15^th and the balance of $64,150 dispersed no later than April 1, 2010. Supervisor Grant asked if any comments from the Floor. None. There were 14 residents present. Supervisor Grant asked if any comments from Town Board Members. Motion made by George/Mohun to close the public hearing. Voting all ayes, carried. Public hearing closed at 8:10 PM. Motion made by Mohun to approve the Bennington Fire Company contract for 1 year at $88,150 with $24,000 paid by Jan. 15^th and the remainder paid by April 1, 2010. Motion seconded by George, voting all ayes, carried.

Old Business: Grant Writing Services – Supervisor Grant reported that last month the Town Board met with TVGA Consultants to do a needs assessment, expressed to them some of the concerns and issues the town has, what they believe the town needs funding for, which is mainly roads in our community, also future funds for a sewer (septic) system in the Hamlet of Cowlesville, development of the town park (money for restroom facilities, playground items.) Town has an agreement that TVGA has given the town for grant writing services, standard form, basically for on-call professional services, they will be researching grant notifications that come out, government publications, private foundations that the town may be eligible. There is no fee for that service, if they do identify a grant that the town could use for one of the projects, then the town would pay for the service on hand. Council Member Mohun reported they also talked about equipment, recreation programs, historical and stream bank stabilization. Supervisor Grant noted that if the town does contract with them for grant writing services, the county would pay half of the costs. Town basically asks them to do research and find grants, if they find something town is interested in, then the town signs an addendum to the agreement for just that project. No charge for just signing the basic agreement, only pay if they find something town can apply for. Council Member Mohun asked if that wasn’t the whole part of updating the Comprehensive Plan. Supervisor Grant affirmed, stating they encouraged the town to update the Comprehensive Plan stating that the major points with any grant application is whether or not that type of project is included in the Comprehensive Plan. Council Member Mohun informed the gentlemen from Stedman Road, that the town has to review the Comprehensive Plan, make sure that road improvement is in there, because if they do find a grant for road improvement, the people providing the grant money will look at the Comprehensive Plan, make sure that this is something that is in our plan, otherwise they won’t give the town the money. Councilman George asked if should have the town attorney review the agreement before they sign it. Motion made by Mohun/Frounick to have the town attorney review the agreement with TVGA for grant writing services and if he approves, authorizes the supervisor to execute the agreement as long as the town doesn’t have to pay for it. Voting all ayes, carried.

Update Comprehensive Plan – After as short discussion, a motion was made by George/Mohun to refer the Comprehensive Plan to the Town Planning Board, with a list of items the Town Board is looking at, for their review and recommendation. Voting all ayes, carried.

New Business: 2010 Preliminary Budget – Date has been set for Oct. 28^th, 6:30 PM. 2010 Preliminary Budget calls for the following: General Fund appropriations of $359,249 less estimate revenue of $170,350 less unexpended fund balance of $34,231 leaving a tax levy of $154,668. Highway Fund appropriations of $1,037,750 less estimated revenue of $359,000, less an unexpended balance of $65,367 leaving $613,383 to be raised by taxes. Total town proposed budget is $1,396,999 less estimated revenue of $529,350 less unexpended balance of $99,598 leaving a tax levy of $768,051.

WECS zoning law – Council Member Mohun has put together a local law to amend the Zoning Law of the town of Bennington to provide for regulation of Wind Energy Conversion Systems (WECS). All board members were given copies of the draft to review which was based on existing sample laws, with language taken from the report done by the Town of Bennington Wind Energy Advisory Committee. This draft pretty much follows the findings of the committee and was discussed in the work session. Supervisor Grant asked if any further comments, does the board want to refer to the Town Planning Board for their consideration. Councilman George would like to further review it before it goes to the Planning Board and made a motion to table it, motion seconded by Frounick, voting all ayes, carried.

Blood Donation Policy – Supervisor Grant stated that according to NYS Labor Law, ”Blood Donation Leave Law”, (Board Members have a copy), if an employee request a leave for a blood donation, the employer is obligated to grant three hours of leave in any 12 month period to any covered employee who wants to donate blood, does not have to be paid time off, so an individual could use their sick, vacation time for that purpose or take if off unpaid. This was an issue brought up by the bargaining unit and she read a purposed resolution for adoption by the town.

Whereas, Section 207-j of the Labor Law of the State of New York requires an employer to grant three hours of leave each twelve (12) month period to any employee who works an average of twenty (20) hours or more per week for the purposes of donating blood, and

Whereas, the Town of Bennington and its employees recognizes that the donation of blood fulfills a vital need in our communities, now, therefore,

Be It Resolved, that the employees of the Town of Bennington are permitted to use accumulated personal leave time, including sick leave and vacation time for the purposes outlined above, provided twenty-four (24) hours notice is given to their direct supervisor, and be it

Further Resolved, that this benefit is extended to any and all Town of Bennington employees who meet the above qualifications and notice thereof shall be included upon time of hire.

Supervisor Grant asked for a motion on the resolution. Motion made by George, seconded by Frounick to vote on the resolution. Mohun, Frounick, Grant voted Aye, George voted Nay. Resolution adopted.

Water Rate and Fee Schedule for the Town of Bennington – Supervisor Grant noted there are several updates, especially the fees to reflect the actual costs that are involved in the work, like Item E – Water Service Tapping Fee, $150 plus actual cost with a required deposit. Amount had in there wasn’t sufficient to cover the cost, also item I – Meter Pit – Would now be $675 for the meter, remote and pit and $125 inspection fee – total $950, also raising the water rate to $6.62. Councilman George asked if anyone knows how much Marilla charges for water. Thinks Marilla is billed by the Erie Co. Water Authority. Short discussion held. Motion made by Mohun/George to approve the resolution to update the water rates. Voting all ayes, carried.

Halloween Trick or Treating – Motion made by Frounick to set “Trick or Treating” in the Town of Bennington for October 31^st, from 5-8 Pm. Voting all ayes, carried.

Designate Seasonal Use Roads – Motion made by Frounick to declare Hodge Road and Geise Road as Seasonal Use from November 1, 2009 to April 1, 2010. Motion seconded by Mohun, voting all ayes, carried.

Attica Central Schools Request for use of the Town Hall on December 7^th for voting purposes (Establishment of Vehicle and Equipment Reserve). Motion made by George/Mohun to allow Attica Central School the use of the Town Hall on Dec. 7^th for voting purpose, charge for use will be $110 to cover the custodial fees. Voting all ayes, carried.

Fire Contracts: Harris Corners Fire Company – A public hearing was held on September 23^rd at the Harris Corners Fire Hall. Harris Corners Fire Company is requesting a two (2) year fire contract at a 10% increase each year. The 2009 contract was $22,000. Requesting: 2010 - $24,200; 2011 - $26,620. The Rescue Service Contract for the Harris Corners Fire Contract will remain at $900/year for 2010 and 2011.

The Varysburg Fire Company is requesting a four (4) year contract, 10% increase per year: 2009 received - $5836.25. They are requesting: 2010 - $6420.25; 2011 - $7062.25; 2012 - $7768.25 and 2013 - $6546.

Motion made by Frounick/Mohun to approve the fire contracts for the Harris Corners and Varysburg Fire Companies. Voting all ayes, carried.

Clerk reported that no letters of intent received for the zoning/planning positions. Will advertise whenever we get a chance.

Executive Session to discuss Union Labor Negotiations – Motion made by George/Mohun to enter into Executive Session to discuss union contract. Voting all ayes. Board entered into Executive session at 8:42 PM. Motion made by Mohun/Frounick to close the Executive Session at 9:32 PM. Voting all ayes, carried.

There being no further business, a motion was made by Mohun to adjourn. Meeting adjourned at 9:32 PM.

Respectfully submitted:

Judith Brown

Town Clerk