REGULAR MEETING
August 1, 2016
A regular meeting of the Town Board of the Town of Busti was held on Monday, August 1, 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 Jim Andrews
Councilman Rudy Mueller
Absent:
Councilman Kenneth J. Lawton
Councilman Todd M. Hanson
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, Susan Lane, Stan Davis, Joyce Roof, Charles Roof, and Adam Glasier – Post Journal.
Town Clerk Darlene Nygren reported NYS Hunting Licenses went on sale today. Busti Church of God would like permission to place a sign advertising their upcoming Vacation Bible School in the triangle at the five corners. The sign would go up this week and be removed August 11th. The board was in agreement to allow the church to put the sign in the triangle. Town Clerk Nygren noted one person, Joyce Roof, had submitted a letter of interest for Dog Enumerator.
Chief John Bentley reported 6,298 incidents YTD. Chief Bentley reminded residents to keep their homes and cars locked as thefts continue to be an issue in the village and outside the village.
Highway Superintendent Melvin Peterson reported the department has paved 1.2 miles on Wellman Road; Orr Street is finished; and patched Mead Road & Nutt Road. The department will be paving Mead Road hill and Park Meadow Drive. They have stoned and oiled Burton Road & Riverside Road, and helped the Town of Kiantone for two days (who in turn helped our Highway Department).
Supervisor Robbins moved the following resolution which was duly seconded by Councilman Andrews:
RESOLVED, Joyce Roof be appointed as Dog Enumerator and paid $1 per dog recorded.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly seconded by Councilman Mueller:
RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General Fund, Highway Fund, and the Joint Recreation Fund for Abstract No. 13 from warrant #466 to and including warrant #501 in the amount of $135,359.68.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to accept the July 18, 2016 town board minutes which was duly seconded by Councilman Mueller.
All aye, carried.
Supervisor Robbins noted the Town Board meeting scheduled for Tuesday, September 6th has been canceled. There will be one Town Board meeting in the month of September, Monday, September 19th.
Supervisor Robbins moved the following resolution which was duly seconded by Councilman Mueller:
RESOLVED, Supervisor Robbins be authorized the sign the following Addendum to the Intermunicipal Agreement with the Village of Lakewood for the Code Enforcement Officer and the Addendum would be effective January 1, 2016.
ADDENDUM
This Addendum, attached to and made part of a certain Intermunicipal Agreement effective as of January 1, 2016, hereinafter referred to as the “Shared CEO Agreement,” between the Village of Lakewood, a municipal corporation defined by General Municipal Law, Section 119-n(a) of the State of New York, hereinafter referred to as the “Village,” and the Town of Busti, a municipal corporation defined by General Municipal Law Section 119-n(a) of the State of New York, hereinafter referred to as the “Town”
W I T N E S S E T H:
Whereas, the Code Enforcement Officer (“CEO”) has obtained the training and certification required to perform asbestos inspections within New York State at the expense of the Town and Village, and
Whereas, the Town and Village desire to fairly distribute the fees charged by the CEO for asbestos inspections
Now, therefore, for good and valuable consideration, the sufficiency of which is hereby acknowledged, and the mutual covenants contained herein, the parties hereto agree as follows:
- Division of Fees for Asbestos Inspections. If the shared CEO performs asbestos inspections, any fees collected for such services by the Town shall be divided in equal shares among the CEO, Town, and Village. Payment of any such sums from the Town to the Village shall be made from time to time in accordance with the Shared CEO Agreement.
- Division of Expenses for Asbestos Inspector. Any expenses incurred by the Town and/or CEO to maintain his Inspector’s certification, including, but not limited to, fees for training classes and licensing fees, shall be borne in equal shares by the CEO, Town, and Village.
- Legal Basis. This Addendum is authorized pursuant to and by Article 5-g, Section 119-o, of the General Municipal Law of the State of New York.
- Authorization. This Agreement is made and executed pursuant to a resolution by the Town Board of the Town, adopted on August 1, 2016, and the Village Board of the Village adopted on ___________________, 2016. Pursuant to said resolutions, the Supervisor of the Town and the Mayor of the Village are authorized to and have executed this Addendum.
TOWN OF BUSTI
Dated: _________________, 2016 By______________________________
Jesse M. Robbins, Supervisor
VILLAGE OF LAKEWOOD
Dated: _________________, 2016 By______________________________
Cara Birrittieri, Mayor
Upon roll call vote, all aye, carried
Supervisor Robbins noted it was 7:00 p.m. and time to open the public hearing for Local Law No. 2 of 2016 entitled “A LOCAL LAW TO SUPERSEDE SECTION 27 OF THE TOWN LAW WITH RESPECT TO COMPENSATION OF THE CODE ENFORCEMENT OFFICER”.
All in favor, carried.
Notice of publication was placed on file.
Discussion followed. The Town Board was in agreement to review the law when preparing the 2018 town budget.
Supervisor Robbins moved to close the public hearing at 7:03 p.m., which was duly seconded by Councilman Mueller:
All in favor, carried.
Supervisor Robbins moved the following resolution which was duly seconded by Councilman Mueller:
RESOLUTION
Town of Busti
Local Law No. 2 for the Year 2016
A LOCAL LAW TO SUPERSEDE SECTION 27 OF THE TOWN LAW WITH RESPECT TO COMPENSATION OF THE CODE ENFORCEMENT OFFICER
Be it enacted by the Town of Board of the Town of Busti, County of Chautauqua, and State of New York, as follows:
Section 1. Legislative Intent
It is the intention of this local law to fairly and adequately compensate the Town’s Code Enforcement Officer for asbestos inspections performed by him, which are in addition to his regular code enforcement function. It is difficult for the Town Board to set a fixed salary for such services because the number and scope of inspections that will be performed each year will vary. The fairest form of compensation is to pay the Code Enforcement Officer a percentage of the fee charged by the Town for such services.
Section 2. Authority
This local law is adopted pursuant to Section 10 of the Municipal Home Rule Law, which authorizes a town to adopt a local law that amends or supersedes any provisions of the Town Law relating to the property, affairs, or government of the town, and is intended to supersede Section 27 of the Town Law.
Section 3. Compensation of Code Enforcement Officer for Asbestos Inspections
A new Section 223-3 (E)(1) is hereby added to the Town of Busti Code, which shall provide as follows:
(1) If the Town’s Code Enforcement Officer is certified by the New York State Department of Labor to act as an Asbestos Inspector and provides such services on a fee basis in addition to his normal code enforcement function, he shall be compensated for such additional services by receiving one-third of the fee charged. All expenses related to maintaining the Asbestos Inspector certification, including, but not limited to, training and licensing fees, shall be shared by the Town of Busti, Village of Lakewood, and Code Enforcement Officer. The payments made to the Code Enforcement Officer pursuant hereto shall be made on the payroll method so that all of such payments shall be subject to payroll withholdings and the Town shall make social security contributions in connection therewith. The Town shall take all of the salary and asbestos payments into account when calculating the Code Enforcement Officer’s salary for payroll and retirement system purposes, and the total thereof shall be the basis for the Town’s contribution on behalf of the Code Enforcement Officer to the New York State Employee’s Retirement System.
Section 4. Severability.
If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.
Section 5. Effective date.
This local law shall take effect immediately upon filing with the Secretary of State.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to adjourn the meeting at 7:05 p.m., which was duly seconded by Councilman Andrews.
All aye.
Respectfully Submitted,
____________________________________
Darlene H. Nygren, Town Clerk