A regular meeting of the Town Board of the Town of Busti was held on Monday, May 16, 2016 at 6:45 p.m., at the Town of Busti Administration Building, 125 Chautauqua Avenue, Lakewood, New York with the following members present:
Supervisor Jesse M. Robbins
Councilman Todd M. Hanson
Councilman Jim Andrews
Councilman Rudy Mueller
Councilman Kenneth J. 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, Attorney Joel Seachrist, Jerry Holmes, Jean Holmes, Nancy Padak, Betsy Johnson, Chuck & Jane Gesing, Nancy Bargar, Stan Davis, Joyce Roof, Charles Roof, Sue Chandler, Betty Roush, Sharon Lisciandro, Joan Erickson, L. Bruce Erickson, Rocky Siegel, Joe Miller, Dave DiSalvo, Richard Rose, Doug Callen, Mary Griffin, Ross Voti, Thad Lund, John Shetler, Andy Byler, Levi Byler, Mosie Miller, Jim Mahoney, Kate Ebersole, David Bargar, Chautauqua County Legislature PJ Wendell, Village of Lakewood DPW Supervisor Tom Pilling, Nelson Barker, Jerry Fricker, Henry Yoder, John Shetler, Levi A. Shetler, Lee Fischer, Raymond Yoder, Noah W. Shetler, Uriah Miller, Bennie Shetler, Dixie Siegel, Tillie Solomonson, Mary McCague, EJ McCague, Village of Lakewood Mayor Cara Birrittieri, Diane Mueller, Bethany Robson, Kathy Sturzenbecker, and Jim & Carol Toth.
Several residents present stated they were in support of sawmills being an allowed use in the Town of Busti and questioned where the Town Code states that sawmills are not permitted in the Town of Busti. Village of Lakewood Cara Birrittieri stated she would like to see a resolution regarding the recent audit findings as well as the recreation funds. She noted that Village of Lakewood trustees have written letters to the town board requesting a joint meeting to discuss these subjects. Joan Erickson inquired about the status of a new community center.
Chautauqua County Legislature PJ Wendell reported the county has passed a local law which does not allow sale of cigarettes (tobacco) to anyone under the age of 21. The law will go in to effect October 2016. There has been discussion regarding a law that would address possession of tobacco products.
Attorney Joel Seachrist read Town Code Section 405-13 CA A. Uses Permitted: which states Forestry, lumbering and reforestation (excluding mill structures, manufacturing of lumber and lumber/forestry products).
Town Clerk Darlene Nygren reported she anticipates the Dog Enumeration to begin the first week of June. Town Clerk Nygren stated she met with Elizabeth Gleason, Tint Press, regarding the new town website. The website will have a link to FaceBook and automatically update a Town of Busti Facebook page. The website will have a calendar; an automated email notification when minutes are added; and links to local interest such as libraries, churches, and Stoneman Industry businesses. The website should be up live sometime this summer. Applications for Transfer Station Decals will be mailed out the week of Memorial Day. Town Clerk Nygren noted she had contacted Joe Niezgoda, the broker for the town’s liability insurance, regarding the proper procedure of handling the fees received from the current recreation programs that are meeting at local churches to ensure the groups would continue to be under the town’s liability insurance. Mr. Niezgoda stated that the money can be paid directly to the churches and it would not affect the insurance coverage for the particular groups.
Supervisor Robbins moved the following resolution, which was duly seconded by Councilman Mueller:
RESOLVED, fees received from recreation groups meeting at local churches can be paid directly to the church.
Upon roll call vote, all aye. Carried.
Chief John Bentley reported 3,930 YTD. He reminded residents that summer brings an increase in crime. Residents should lock their homes and cars; and should not leave anything outside that is of value.
Highway Superintendent Melvin Peterson reported the Highway Department has worked on ditches in the watershed area; installing pipe-work for driveways; and working on plans for summer asphalt projects. Superintendent Peterson noted that hydro-seeding for the highway projects has been done by Chautauqua Soil and Water, at no cost to the town.
Supervisor Robbins moved the following resolution which was duly seconded by Councilman Hanson:
RESOLVED, Highway Superintendent Melvin Peterson be authorized to advertise for bids for the Highway Cold Storage Building roof and bids will be presented at the June 6, 2016 Town Board meeting.
Upon roll call vote, all aye. Carried.
Supervisor Robbins read the following proposed Corrective Action Plan from the Town Board to the Office of the State Comptroller, Division of Local Government & School Accountability and Appendix B from the OSC Report of Examination: OSC Comments on the Town’s Response Note1 which states “The Board can choose to levy taxes for machinery purchases upon the entire Town, including the Village, and allocate these costs to the town-wide highway (DA) fund, but it must first pass a resolution stating its intention to do so”. The CAP is a response to the recent Office of State Comptroller’s Report of Examination for the Town of Busti.
May 16, 2016
Office of the State Comptroller
Division of Local Government & School Accountability
PSU-CAP Submission
110 State Street, 12th Floor
Albany, NY 12236
RE: Unit Name: Town of Busti
Audit Report Title: Taxpayer Equity
Audit Report Number: 2015M-349
Dear Sir or Madam:
Please find to follow the Town’s plan for corrective action with regard to the two recommendations made in the above-listed audit report:
The Board should review statutory requirements relating to the allocation of highway expenditures and adopt budgets that include revenues and expenditures allocated in the proper fund in accordance with these requirements.
Plan of Action: The Board has obtained informational materials from the
State Comptroller’s Office concerning the allocation of
highway expenditures between the various funds, will
review and familiarize itself with the statutory framework
related thereto, and, in the future, will take such
information into account when making budget decisions.
The Supervisor should correct prior year accounting errors relating to the improper recording of financial activity between town-wide and town-outside-village highway funds to correct the taxpayer inequity.
Plan of Action: The Town Board disagrees with this recommendation and with the finding that there was an inequity and does not intend to take a corrective action. The Town Board responsible for the 2014 budget felt that for several years there was an inequality between town-wide and town-outside-village appropriations toward the town-wide operational costs. Therefore, the Board unanimously agreed to make the town-wide highway (DA) expenditure. We believed this was an allowed expenditure based on information from the Office of State Comptroller and the Association of Towns. The Board did not understand that the said expenditure required a resolution prior to being included in the 2014 budget and believed the resolution passed to approve and accept the entire 2014 budget was sufficient. As stated above the Town Board has obtained informational materials from the State Comptroller’s Office concerning the allocation of highway expenditures between the various funds and intends to follow the proper procedures prior to approving such expenditures in the future.
Sincerely,
Jesse M. Robbins, Supervisor
Discussion followed. Highway Superintendent Peterson noted he was not included in writing the Corrective Action Plan, as he had requested at the previous Town Board meeting. He requested to have the Highway Department excused from the response. Councilman Mueller noted that he did not agree with the second Plan of Action and would like to correct the misclassification from A funds to B funds. Councilman Lawton stated that he does not believe the DA expenditure was a misclassification of funds but rather a procedure problem. Councilman Hanson stated he believes that in the future equipment should not be charged to whole town. He added that Shared Services were not a part of the 2014 budget decision to use the DA account to purchase the truck; using the DA account was the best decision at the time with the information given. Councilman Hanson does not believe that Shared Services is something the Town Board should be tracking. Councilman Andrews noted he was not a councilman at the time of the expenditure decision; however, the Town Board at that time included two councilmen from outside the Village and two from inside the Village along with the Town Supervisor and all board members voted in favor of the 2014 budget, which included the DA funds designated to purchase the truck.
Supervisor Robbins moved the following resolution, which was duly seconded by Councilman Lawton:
RESOLVED, the Town of Busti Town Board approve the Corrective Action Plan for the recent audit examination and authorize Supervisor Robbins to sign and submit the plan to the Office of the State Comptroller.
Upon roll call vote:
Supervisor Robbins – aye
Councilman Andrews – aye
Councilman Mueller – nay
Councilman Hanson – aye
Councilman Lawton – aye
Carried
The proposed Local Law 2016-1 “A Local Law Permitting Sawmills by Special Use Permit in the CAMP District” was presented to the Town Board for review. The proposed local law would permit up to six sawmills to operate in the CAMP District at any one time, subject to certain terms and conditions, and subject to obtaining a Special Use Permit from the Town Board. Discussion followed; there was a question as to whether the town should require a surety bond and what the amount should be. Councilman Mueller noted, in the case that a mill is abandoned and left for the town to clean up, the clean-up cost would be passed on to the taxpayers if a bond is not required. The board decided to eliminate the surety bond entirely. Councilman Lawton asked the board to consider allowing the existing sawmills, outside of the CAMP district, to continue operating with a Special Use Permit; no new sawmills would be permitted to operate outside the CAMP district and the permit could not be passed to another mill once the current sawmills cease operation. The board was in agreement to have a Public Hearing for proposed Local Law 2016-1, excluding the requirement of a surety bond and then address whether to allow operation of the existing sawmills outside of the CAMP district with a Special Use Permit.
Supervisor Robbins moved the following resolution which was duly seconded by Councilman Mueller:
RESOLVED, to set a public hearing at the Town of Busti Administrative Building, 125 Chautauqua Avenue, Lakewood, New York, at 7:00 p.m. on the 6th day of June, 2016, regarding the adoption of Local Law No. 1 of 2016 entitled “A Local Law Permitting Sawmills by Special Use Permit in the CAMP District,” excluding the proposed Section 4, #3.
Upon roll call vote, all aye.
There was discussion regarding the possible acquisition of properties that will be offered at the upcoming Chautauqua County Tax Foreclosure sale. The consensus of board was to not pursue any acquisitions. No official action taken.
Supervisor Robbins moved the following resolution which was duly seconded 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. 9 from warrant #269 to and including warrant #305 in the amount of $94,189.13.
Upon roll call vote, all aye. Carried.
Supervisor Robbins moved to accept the May 6, 2016 town board minutes which was duly seconded by Councilman Andrews.
All aye. Carried.
Councilman Lawton reported the LoCo Trail committee is preparing to begin a preliminary engineering study for the proposed bike trail; the current plan would have 38% of the trail on the railroad and 62% would be away from the railroad. Pashek and Associates will do a cost analyst for the project and its feasibility. The committee is hopeful of a federal funding opportunity with the DOT that would be available in a couple months. The committee intends to apply for the funding and hire a grant writer to assist with the application process; the majority of the application information is complete from the 2014 application. The committee is proposing a joint sponsorship with the Town of Busti and the Village of Lakewood. The project continues to have community support and would like both municipalities to be the key sponsors for the project.
Supervisor Robbins motioned to adjourn the meeting at 8:33 p.m., which was duly seconded by Councilman Andrews.
All aye.
Respectfully Submitted,
____________________________________
Darlene H. Nygren, Town Clerk