November 18, 2019
A regular meeting of the Town Board of the Town of Busti was held on Monday, November 18, 2019 at 6:45 p.m., at the Town of Busti, Town Administration Building, 125 Chautauqua Avenue, Lakewood, New York with the following members present:
Supervisor Jesse M. Robbins
Councilman Todd Hanson
Councilman Jim Andrews
Councilman Rudy Mueller
Councilman Kenneth Lawton
Supervisor Robbins called the meeting to order with the salute to the flag and a moment of silence was observed.
Present at the meeting were: Highway Superintendent Melvin Peterson, Lakewood Busti Police Chief John Bentley, Busti Fire Dept Chief Matt Stafford, Charlie Stafford, Mary Griffin, Ray Ayers, Paul Gustafson, Jim Francisco, Greg Johnson, Wyatt Johnson, and Aaron Kier.
Jim Francisco noted the Town of Busti adopted a Comprehensive Plan in October 2013. The Community Profile within the plan states in “Infrastructure” that 33% if Busti homes are served by municipal water and 20% of homes are served by public sewer, continuing to state the lack of municipal sewer service limits future growth in the Town. One of the “Infrastructure Goals’ is to maintain the current water and sewer infrastructure and expand the infrastructure to other areas of the community where it is appropriate and is a financially viable choice. Mr. Francisco stated he wanted to remind the board of the goals established in the Comprehensive Plan and encouraged them to revisit the expansion of water and sewer services within the Town. Discussion followed.
Highway Superintendent noted he has talked to Jamestown Board of Public Utilities regarding the town’s vested interest in the Orr Street Pump Station and has questioned why the Town is not considered as a shared property owner. Attorney Joel Seachrist will research the 2005 project and if the Town has right of ownership, he will also investigate the expansion of the Hamlet water.
Charlie Stafford informed the board, the annual Tree Lighting and Santa’s arrival in the Hamlet Triangle is scheduled for Saturday, December 7th at 7 p.m., the community is encouraged to attend.
Town Clerk Darlene Nygren reported Chautauqua County Real Property Tax Department will meet with the tax collectors on Wednesday, November 20th to determine 2020 collection dates and other tax collection details. Clerk Nygren stated a representative from DFT has requested to submit a proposal for Internet and Phone service for the Town’s Administration Offices, she will forward the requested information to the representative as well as contact Windstream asking if they can submit a proposal with updated services.
Lakewood Busti Police Chief John Bentley reported 8,047 incidents YTD and 359 since last reported. Chief Bentley thanked the Highway Department for allowing LBPD to conduct a night firing range training at the Hoag Road brush dump. He noted LBPD patrol car “L4” sustained smoke and considerable water damage following a small fire that broke out at the while in for service at Dave Warren Chrysler-Dodge-Jeep-Ram, Jamestown, N.Y. The dealership’s insurance adjuster indicated the patrol car will likely be “totaled”. Chief Bentley said in addition to the vehicle being replaced, any and all equipment in or on the vehicle will have to be included in the insurance settlement – which values nearly as much as the vehicle.
Highway Superintendent Melvin Peterson reported the department has plowed snow three times in the past two weeks. The department has finished the Transfer Station cementing job for now; there are two more roll-offs that need repaired along with blacktopping in the spring. The Loomis Park concession stand has been winterized. Superintendent Peterson noted Parks Employee, Randy Sargent is retiring at year end; he has reviewed applications and is recommending, Aaron Kier, for the position; Mr. Kier has a Class A license and comes with high recommendations.
Councilman Hanson moved the following resolution, which was duly moved by Councilman Andrews:
RESOLVED, the Town of Busti hire Aaron Kier for the position of Utility Worker/Parks Department at an hourly rate of $15.00 for the first year which will be increased $1.00 per hour per year through five years at which time any further hourly rate increases will be determined by the rate set in the annual budget. A cost of living rate will be added to the previous year’s hourly rate before adding the $1.00 increase.
Upon roll call vote, all aye, carried.
Busti Fire Department Chief Matt Stafford reported the following incidents since the last town board meeting: EMS – 16; Fire – 5; and MVA – 2. A total of 369 incidents YTD compared to 315 last year. The department helped welcome Southwestern Central School’s football team home after their Class C Far West Regional victory; the Apple Festival profits totaled just under $13,000 and was the second highest attending from its start.
Supervisor Robbins noted there is no update on the Water and Sewer Agreement with the City of Jamestown, Attorney Joel Seachrist will contact North Harmony’s attorney regarding the agreement.
Supervisor Robbins noted there is no update on the Town of Busti Bi-Centennial in 2023.
Supervisor Robbins noted the FIRE PROTECTION, EMERGENCY SERVICE AND AMBULANCE SERVICE AGREEMENT expires in 2020. He met with the Busti and Lakewood Fire Departments to discuss the agreement and presented a proposed updated agreement for 2021-2025 to the board for review. The only changes to the proposed agreement are a 3% increase for each of the five years and the removal of the fire inspector.
Councilman Hanson moved the following resolution which was duly moved by Supervisor Robbins;
RESOLVED, the Town of Busti Town Board approve the proposed FIRE PROTECTION, EMERGENCY SERVICE AND AMBULANCE SERVICE AGREEMENT for the years 2021 – 2025 as presented and authorize Supervisor Robbins to sign the agreement and present it to the Village of Lakewood for approval in January 2020.
FIRE PROTECTION, EMERGENCY SERVICE
AMBULANCE SERVICE AGREEMENT
THIS AGREEMENT, is made this 1st day of January, 2021, between the Town of Busti, a municipal corporation located in the County of Chautauqua and State of New York, party of the first part, and the Village of Lakewood, a municipal corporation located in the Town of Busti, party of the second part, the Busti Fire Department, Inc., a corporation organized and existing pursuant to the Not-for-Profit Corporation Law of the State of New York, party of the third part, and the Lakewood Fire Co., Inc. a corporation organized and existing pursuant to the Not-for-Profit Corporation Law of the State of New York, party of the fourth part.
Whereas, Lakewood Fire Co., Inc. is a corporation organized and existing pursuant to the Not-for-Profit Corporation Law of the State of New York located in the Village of Lakewood, which department operates motorized fire-fighting, emergency and ambulance equipment owned by the Village of Lakewood, and
Whereas, a fire protection district, designated for convenience, Busti Fire Protection District #1, has heretofore been created in the Town of Busti by action taken by the Town Board of said town, after a hearing under provisions of Article 11 of the Town Law, which fire protection district comprises the entire area of the Town of Busti excepting only that portion of the town which is contained within the incorporated Village of Lakewood, the area contained in Busti Fire Protection District #2 and the area contained in the Ashville Fire District, a portion of which is within the Town of Busti, and
Whereas, the Busti Fire Department, Inc., is a corporation organized and existing under the provisions of the Not-for-Profit Corporation Law of the State of New York which department owns and operates motorized fire-fighting, emergency and ambulance equipment, which is housed in the hamlet of Busti, in said Fire Protection District #1, and
Whereas, the Town Board of the Town of Busti, has by resolution adopted after notice and public hearing under the provisions of Section 184 of the Town Law and Section 209-b of the General Municipal Law authorized the execution of a contract with the two above-mentioned fire departments for the furnishing by them of fire protection, emergency service, and emergency ambulance service in such Busti Fire Protection District #1, and has made provisions for the assessment and the collection of a tax to cover the cost of such protection, and
Whereas, the aforesaid fire departments have taken appropriate action authorizing the making and execution of this contract for the furnishing of fire protection, emergency service, and emergency ambulance service in such Busti District #1, and
Whereas, the Board of Trustees of the Village of Lakewood has, by appropriate resolution, authorized the use of the fire trucks, firefighting equipment, and emergency and ambulance equipment of said Village for rendering assistance in such Busti Fire Protection District, and has authorized the execution of this contact,
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter set forth, the parties to this agreement have agreed and do hereby contract as follows:
1. The Busti Fire Department, Inc., and the Lakewood Fire Co., Inc. do agree each for itself and its members, that they will furnish the services and efforts of their members and utilize and operate the firefighting equipment, emergency equipment, and ambulance equipment available to them, in fighting and extinguishing fires and providing rescue services and emergency medical services as set forth in Section 209-b of the General Municipal Law in said Busti Fire Protection District #1 for a period of five (5) years beginning January 1, 2021.
2. The Lakewood Fire Co., Inc., and the Busti Fire Department, Inc. shall make, and from time to time modify, practical plans and arrangements for the division of work and responsibility in fighting small fires and the provision of rescue services and emergency medical services located in the areas of the Busti Fire Protection District #1, most conveniently reached by one or the other of such fire departments, and arrangements to provide for the joint service of all large and dangerous fires, rescue operations, and emergency medical services and to provide for a single-handed direction and control of firefighting, rescue services, and emergency medical equipment of the two departments and of the efforts and work of the members thereof and of the firefighting, rescue, and emergency medical service methods employed when the two departments are engaged jointly in fighting fires or providing rescue services or emergency medical services.
3. In consideration of the aforesaid services and protection to be rendered by the departments, the Town of Busti agrees that it will levy a tax on all real property located in the Busti Fire Protection District #1 for the years as follows:
2021 – $314,639.46
2022 – $324,078.40
2023 – $333,800.75
2024 – $343,814.77
2025 – $354,129.21
and that annually during the term of this contact, it will pay 50% of the total amount thus collected to the treasurer of the party of the third part and the remaining 50% of the amount thus collected as hereinbefore set forth, to the treasurer of the party of the fourth part, and that annually during said term of this contract, it will pay 50% of the total amount collected from foreign insurance tax under Section 9104 of the Insurance Law of the State of New York, to the Busti Fire Department, Inc. and the remaining 50% of the amount thus collected from foreign insurance under said Insurance Law to the Lakewood Fire Co., Inc.
This agreement may be re-opened by the Busti Fire Department, Inc. and Lakewood Fire Co., Inc. on the third anniversary of this agreement by giving written notice thirty (30) days in advance to Town of Busti and Village of Lakewood.
4. The Town of Busti agrees that it will adequately insure itself for and against all liability imposed upon it by the provisions of Section 205 of the General Municipal Law for death or injury to members of the Lakewood Fire Co., Inc. and the Busti Fire Department, Inc. performing services or rendering assistance in the Town of Busti, including its liability to such firefighters for injuries or death caused while going to or returning from a fire, or answering a call, or by any means of travel, transportation or conveyance whatever. The town agrees that such insurance coverage will be provided under the Chautauqua County Mutual Self-Insurance Plan adopted by the Chautauqua County Legislature pursuant to the authority of Paragraph 3-a of Section 50 of the New York Worker’s Compensation Law, under which plan the town is now insured, or such insurance will be secured from some responsible and approved insurance company which issues policies covering liability under Section 205 of the General Municipal Law.
5. The Village of Lakewood and the Lakewood Fire Co., Inc. agree that the amount paid by the town to the Lakewood Fire Co., Inc. under the provisions of the foregoing Paragraph 3 shall be expended by the Lakewood Fire Co., Inc. to pay, or to reimburse the Village of Lakewood for the costs to such village and/or Lakewood Fire Co., Inc. for furnishing fire protection service, rescue service, and emergency medical service in Busti Fire Protection District #1, including the cost of the village and/or Lakewood Fire Co., Inc. of gasoline, oil, chemicals, and other supplies used in such services and any additional insurance or other costs to the village and/or Lakewood Fire Co., Inc. resulting from furnishing such services.
6. The parties of third part and fourth part each agree to provide the other parties to this agreement copies of financial statements no later than June 15 of each year covering the period ending December 31 of the preceding year.
7. Any party to this contract shall have the option to terminate the same at the expiration of any calendar year during the term of this contract by giving all other parties to said contract written notice of such termination which shall be sent to the other parties, registered or certified mail, bearing postmark no later than July 15 of the year preceding such termination date.
8. Unless sooner terminated under the provisions of Section 6 hereof, this contract shall terminate and be void on the 31st day of December, the year Two Thousand Twenty-five.
IN WITNESS WHEREOF, the parties above-named have caused this agreement to be executed in quadruplicate and their respective seals to be thereunto affixed by their duly authorized officers.
TOWN OF BUSTI BUSTI FIRE DEPARTMENT, INC.
By: ________________________________ By: _________________________¬¬¬¬_______
VILLAGE OF LAKEWOOD LAKEWOOD FIRE DEPARTMENT, INC.
By: ________________________________ By: ________________________________
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General Fund, Highway Fund, and the Joint Recreation Fund for Abstract No. 16 from warrant #683 to and including warrant #708 in the amount of $13,654.31.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to accept the November 4, 2019 Regular Town Board meeting minutes; motion was duly moved.
All in favor, carried.
Councilman Hanson reported the town has received the final payment of the NYSERDA grant.
Supervisor Robbins moved to adjourn the meeting at 7:23 p.m. which was duly moved by Councilman Lawton.
All in favor, carried.
Darlene H. Nygren, Town Clerk