REGULAR MEETING
October 16, 2017
A regular meeting of the Town Board of the Town of Busti was held on Monday, October 16, 2017 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 Jim Andrews
Councilman Todd Hanson
Councilman Kenneth Lawton
Councilman Rudy Mueller
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, Busti Lakewood Police Chief John Bentley, Attorney Joel Seachrist, John Francisco, Marilyn Riotto, Dan Keefe, Busti Fire Department Chief Matt Stafford, Jeremy Hasson, Lisa & Jay Yaggie, Maria Mainth, Mary Seger, Frances Menaeo, Jill Conley, Peter B. Conley, Richard Rose, Ruth Wahl, David Bargar, Hart & Nancy Jordan, Sharon Lisciandro, Leigh Yates, David Menzies, Tillie Solomonson, Mallory Lohnes, Jonas Gesing, Jane & Chuck Gesing, Kaie Smith, Frances Lapinski, Rylan Wagner, Brooke Wagner, Cales Gardner, Beth Gardner, Matthew Lefler, Leah Lefler, Nancy Padak, Bob & Judy Schultz, Doug, Schutte, Lakewood Memorial Library Trustee President Mary McCague, LML Trustee Karen Dennerlein, LML Director Mary Miller, Sue Williams, and Village of Lakewood Trustee Ted McCague.
Several present spoke in favor of the town funding the Lakewood Memorial Library as per their request of $69,500.
Dan Keefe thanked the town board for their effort in cleaning up the Cottage Park area.
Town Clerk Darlene Nygren reported Carolynn Wesp, Royal Family KID’s Camp, worked with Deputy Clerk Susan Huffman and sorted through the recreation equipment that has been stored in the back area of the town’s administration building. The equipment should be declared as surplus before it can be donated to the camp or any other non-profit organization. She, also, reported the Windstream Dedicated Line was activated on Monday, October 9th without any issues. Clerk Nygren noted each year her office receives multiple calls regarding Trick or Treat hours for the town – outside the Village and asked if the town board would set specific hours that she could post. Clerk Nygren noted at the June 19th Town Board meeting, Chief Bentley reported he was submitting a letter to Senator Cathy Young requesting that New York State recognize the Court Officer position as Peace Officer/Police Officer, Senator Young’s office has responded to that request and would like a motion from the Town Board supporting that request. Town Clerk Nygren noted she had been contacted by a town resident requesting permission to hunt on town property located at Hunt Road and Gleason Road, discussion followed. The town board and Highway Superintendent Peterson agreed to not allow any hunting on town property.
The town board set Trick or Treat hours for outside of the Village as 5:30 pm – 8 pm.
Supervisor Robbins moved the following resolution, which was duly moved by Councilman Hanson:
RESOLVED, all equipment and supplies from the Busti Recreation Center be declared as surplus.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution, which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti support New York State changing the status of Court Officer to Peace Officer/Police Officer.
Upon roll call vote, all aye, carried.
Chief John Bentley reported the department has had 7,720 incidents ytd and 306 incidents since the last board meeting. He stated that if the Court Officer title is allowed to be changed by the state it will help recruit qualified officers for the position as they would be able to hold the court officer hours toward their police certificate. Chief Bentley noted that there was a Multi-Agency Active Shooter Drill held at Chautauqua Mall on Sunday, October 15th, from 6 p.m. to 10 p.m.
Highway Superintendent Melvin Peterson reported the department will be finishing all black top projects. The Loomis Park Concession project is going to require a road cut for the sewer main. The department has been working at the brush dump and moved mulch to Briggs. The road salt for the upcoming winter season has been delivered. Material has been ordered for a hitch on the new truck. Superintendent is waiting to receive an appraisal for the old dump truck.
Supervisor Robbins noted it was 7:00 p.m. and time to open a Public Hearing for Local Law 2 for the year 2017 “Permitting Agribusinesses and Agritourism Businesses by Special Use Permit in the Conservation Residential (CR) and Conservation Agricultural (CA) Districts”. Motion was duly moved by Councilman Hanson.
Attorney Joel Seachrist noted the local law also includes a change to the Highway Commercial District to allow private swimming pools.
Upon roll call vote, all aye.
Proof of publication was placed on file.
There was no public comment on the application
Supervisor Robbins moved to close the public hearing at 7:05 p.m. which was duly seconded by Councilman Mueller.
Upon roll call vote, all aye.
RESOLUTION
Moved by Supervisor Robbins, seconded by Councilman Mueller:
WHEREAS, the Town of Busti has proposed Local Law No. 2 of 2017, which would permit agribusinesses and agritourism businesses by special use permit in the Conservation-Agricultural (CA) and Conservation Residential (CR) Districts, and
WHEREAS, the proposed law has been subject to environmental review pursuant to Article 8 of the New York State Environmental Conservation Law (State Environmental Quality Review Act), including the preparation and review of a long Environmental Assessment Form, and
WHEREAS, Part 617 of the implementing regulations pertaining to the State Environmental Quality Review Act requires this Board to determine and give notice of the environmental impact of the proposed local law, and
WHEREAS, the Board has determined that the proposed law will not have a significant environmental impact,
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby issues a Notice of Determination of Non-Significance, also known as a Negative Declaration, for the proposed Local Law No. 2 of 2017 and authorizes the Supervisor to complete Part III of the EAF accordingly.
Upon roll call vote, all aye, carried.
TOWN OF BUSTI
RESOLUTION TO ADOPT LOCAL LAW NO. 2 OF 2017
Moved by Supervisor Robbins, seconded by Councilman Mueller:
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Busti for a public hearing to be held by said Board on October 16, 2017 at the Town Hall, 125 Chautauqua Avenue, Lakewood, New York, to hear all interested parties on a proposed Local Law to permit agribusinesses and agritourism businesses by special use permit in the Conservation-Agricultural (CA) and Conservation Residential (CR) Districts, and
WHEREAS, notice of said public hearing was duly published in the Jamestown Post-Journal and posted in the Town Clerk’s office, and
WHEREAS, said public hearing was duly held on October 16, 2017 at the said time and place and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and
WHEREAS, the County Planning Department by letter dated October 16, 2017, sent in response to a referral made pursuant to Section 239-m of the General Municipal Law, has advised that the proposed Local Law is of local option, and
WHEREAS, the Board has determined that the adoption of the local law is a Type I action for purposes of the State Environmental Quality Review Act, has prepared an Environmental Assessment Form, and has duly adopted a Negative Declaration finding that the proposed Local Law will not have significant adverse environmental impacts, and
WHEREAS, the Town Board, after due deliberation, finds it in the best interests of the Town to adopt said Local Law,
NOW, THEREFORE, the Town Board of the Town of Busti hereby adopts said Local Law as Local Law No. 2 of 2017, a copy of which is attached hereto and made a part hereof, and the Town Clerk hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Busti, and to give due notice of the adoption of the Local Law to the Secretary of State.
Upon roll call vote, all aye, carried.
Chief Matt Stafford reported the Busti Fire Department noted his report at the last was incorrect and the correct incidents ytd is 274. He noted the 3rd battalion is working together to get the best price for the purchase of the new pagers.
Supervisor Robbins noted the Loomis Park Concession the walls are up.
Supervisor Robbins noted with the upcoming 2020 U.S. Census, the Census Bureau is requesting municipalities participate in a Local Update of Census Addresses Operation (LUCA) and designate a LUCA liaison.
Supervisor Robbins moved to designate Assessor Kevin Okerlund as the LUCA liaison for the Town of Busti, motion was duly moved by Councilman Andrews.
All in favor, carried.
Supervisor Robbins moved to set a public hearing on the 6th day of November, 2017 at 7:00 P.M. regarding the adoption of Local Law No. 3 of 2017 entitled “A Local Law to Override the Tax Levy Limit Established in the General Municipal Law Section 3-C”. Motion was duly moved by Councilman Lawton.
All in favor, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Lawton:
RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General Fund, Highway Fund, and the Joint Recreation Fund for Abstract No. 15 from warrant #626 to and including warrant #654 in the amount of $20,191.92.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to accept the October 2, 2017 Town Board minutes as presented, motion was duly moved by Councilman Mueller.
All in favor, carried.
Councilman Lawton reported the Health Insurance Committee – Councilman Lawton, Supervisor Robbins, Superintendent Peterson, and Town Clerk Nygren – met with three insurance brokers regarding the 2018 Health Insurance Plan rates and options. The committee is recommending the Town of Busti Town Board approve paying 90% of the Univera Standard Gold plan for any eligible employee who chooses to use the Health Insurance benefit, offer a small choice of plans from Univera, and to fund 50% of the Standard Gold deductible in an HRA. The committee is also recommending to contract with Integrated Benefits broker, Donna Thompson.
Councilman Lawton moved the following resolution, which was duly moved by Supervisor Robbins:
RESOLVED, full time employees who elect to have health insurance coverage shall receive a monthly fixed cash allowance to be applied toward the Univera health insurance plan of their choice offered by Town of Busti and an annual deductible allowance; the allowance will be based on 90% of the Univera Standard Gold Plan and 50% of the Standard Gold deductible. In addition, the Town of Busti Broker of Record contract be with Integrated Benefits, Donna Thompson.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted it was 7:15 p.m. and time to open a Public Hearing for the 2018 Preliminary Budget. Motion was duly moved by Councilman Mueller.
Upon roll call vote, all aye.
Proof of publication was placed on file.
Supervisor Robbins asked for public comment.
Several present stated they were present to support the library.
Judy Schultz stated she wants to see tax dollars being given to essential services and not special interest groups.
Hart Jordan questioned why Lakewood Memorial Library requested a $11,500 increase in funding when the Hazeltine Library requested a $7,000 decrease. Mr. Jordan, also, asked for clarification of why there was a 33% increase budgeted for the Town Supervisor’s salary. Supervisor Robbins noted the increase brought the salary up to what supervisors from comparable municipalities are being paid. Councilman Andrews noted the increase was for the position not for the person. Mr. Jordan then asked if all town employees would receive the same pay increase, Supervisor Robbins stated all employees would be receiving a 3% pay increase.
Lakewood Memorial Library Director, Mary Miller, stated the library had requested the same amount this year as last year, however, last year the funding was reduced to $58,000. Library Trustee Karen Dennerlein added the library is hoping to increase staff to extend the operating hours.
Jane Gesing noted the Lakewood Library is used by children, the future of the Village, and it is a safe place that encourages learning and growth.
Several children present spoke about the various ways they use the library and why they see it is important to keep the libraries open.
Supervisor Robbins reminded those present the town board had voted at the October 2nd meeting to provide the requested funding for both libraries.
Supervisor Robbins moved to close the public hearing at 7:27 p.m. which was duly seconded by Councilman Mueller.
Upon roll call vote, all aye.
The town board discussed the use of fund balance to keep the tax rate within the NYS tax cap. Supervisor Robbins asked Sue Williams, bookkeeper – Saxton, Kocur, and Associates, to share what the Office of the State Comptroller’s office taught at a recent training regarding budgeting and the Fund Balance. Ms. Williams shared municipalities should: 1. evaluate what services are needed and the cost associated with the service; 2. create a reasonable estimate of expected revenues; 3. have a written policy regarding fund balance which states a minimum balance that should be kept; and 4. be more concerned about #1-3 than staying under the tax cap.
Councilman Mueller reviewed the past six years’ budgets and the fund balance that was used and remained for each. He asked if the State Comptroller’s Office recommended a certain percentage of the budget to keep in fund balance.
Discussion continued regarding the budget and use of fund balance. Supervisor Robbins would like to move funds budgeted in DB5130.200 and DB5130.400 into a DA account and reduce the amount of fund balance being used from DB. Councilman Mueller stated he was not in favor of moving machinery from DB to DA.
Councilman Hanson stated he would like to see the town prepare a 10-year equipment budget plan and budget annually to spread the cost out.
Councilman Mueller moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, reduce the unexpended funds in DB from $196,411 to $146,411 and raise the DB amount raised by taxes from $418,000 to $468,000 in the 2018 Budget.
Upon roll call vote, all aye, carried.
Councilman Hanson asked the board to begin looking at the future and not dwell on what has been done in the past. He proposed the town board take a 10 year look at the town’s needs and update the list on a yearly basis. He feels the town is just maintaining and not doing anything new to attract people to our area.
Councilman Mueller moved to reduce the Supervisor’s proposed salary from $16,000 to $12,000. There was no second on the motion.
Other councilmen reiterated the pay increase was for the position not the person.
Discussion followed regarding the roof repair at the Highway Cold Storage building.
Councilman Mueller moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, $8,000 from A5132.400 be encumbered and used toward the cost of repair and supplies needed to repair the roof of the Highway Cold Storage building.
Upon roll call vote, all aye, carried.
Councilman Mueller expressed a concern of the A-General Fund-Townwide Fund Balance having a balance that is too high.
Councilman Mueller moved the following resolution which was duly moved by Councilman Lawton:
RESOLVED, to increase the amount of A Unexpended Fund Balance in the 2018 Budget from $134,377 to $174,377; $15,000 of the increase will be used towards the construction of a records room and $25,000 would be used to reduce the Amount to be Raised by Tax to $638,000.
Upon roll call vote,
Supervisor Robbins – nay
Councilman Andrews – nay
Councilman Mueller – aye
Councilman Hanson – nay
Councilman Lawton – aye
Not Carried.
There was discussion regarding the assessments of the Village properties and Outside the Village properties and how that impacts the percentage of the annual budget paid by said property owners.
Supervisor Robbins motioned to adjourn the meeting at 9:34 p.m., which was duly moved by Councilman Andrews.
All in favor, carried.
Respectfully Submitted,
____________________________________
Darlene H. Nygren, Town Clerk