REGULAR MEETING
February 5, 2018
A regular meeting of the Town Board of the Town of Busti was held on Monday, February 5, 2018 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, Court Clerk Elizabeth Davis, Code Enforcement Officer Jeffrey Swanson, Lakewood Memorial Library Director – Mary Miller, Lakewood Memorial Library Trustees – Tom Townsend, Lisa Yaggi, Mary Seger, Karen Dennerlein, Library President Mary McCague, and Randy Graham, Slone Melhuish.
Lakewood Memorial Library Trustee, Tom Townsend, presented the board with an amended agreement for 2018. The proposed agreement included the town paying the entire 2018 funding ($69,500) to the library on or before February 15, 2018 and in the event the “259 Funding Option” is approved and if the said funds are received before January 1, 2019, the library would reimburse the town at a rate of $190.41 for any 2018 covered by such 259 funding.
Discussion followed.
Councilman Lawton stated he was concerned about the 2018 cash flow for the library and didn’t want to put the library at risk of not having a sufficient cash flow.
Supervisor Robbins stated the town attorney needed to review the proposed agreement prior to approving the amended agreement.
Councilman Hanson stated he would like clarification on the effective dates of the “259 Funding Option”.
Councilman Lawton moved the following resolution, which was duly moved by Councilman Mueller:
RESOLVED, the Town of Busti Town Board accept the proposed 2018 Agreement as presented by the Lakewood Memorial Library and upon the review of the attorney for the town. As part of the agreement the library will notify the town upon receipt of any funds received from the “259 Funding Options” and agrees to reimburse the town a per diem of $190.41 from the date of receipt of said funds through the remainder of the 2018 year. The town will pay the library the amount of $69,500 in one lump sum upon the review and approval of the agreement from the attorney of the town.
Upon roll call vote:
Supervisor Robbins – nay
Councilman Mueller – aye
Councilman Andrews – aye
Councilman Hanson – nay
Councilman Lawton – aye
Carried.
Court Clerk, Elizabeth Davis, reported the courtroom chairs have all been secured/attached to each other as required by the state. Ms. Davis requested the remainder of the purchase invoice be paid in full. Ms. Davis reported the computer company that has serviced the court computer program now works directly through New York State; the town court will no longer be required to pay an annual contract fee of $1,000. Ms. Davis also reported she received notice the Justice Court Assistance Program (JCAP) has awarded the town$30,000 to be used towards the construction of a Records Room.
Councilman Andrews reported he and Town Clerk Darlene Nygren have met with Randy Graham, Slone Melhuish, and Joe Niezgoda, WNY Insurance Agency and received proposals from both for the town’s liability insurance premium. Mr. Graham presented a proposal from NYMIR in the amount of $29,967.54 for Subscriber Premium and Fees as well as a Coverage Endorsement Data Breach in the amount of $462.00 for one year. Mr. Niezgoda presented a proposal from Trident in the amount of $30,033.19 for Premium and Fees. He estimated Cyber Coverage cost to be around $700. Mr. Graham was present and noted he received an updated proposal of $30,232.62 including the Cyber Insurance which is a savings of $196.90.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti accept the proposal from NYMIR for 2018 Liability Insurance in the amount of $ 29,770.64 and to include the Coverage Endorsement Data Breach in the amount of $462.00 for a total of $30,232.64.
Upon roll call vote, all aye, carried.
Town Clerk Darlene Nygren reported the last day to pay 2018 County Town taxes without penalty is Tuesday, February 6th. The total amount collected to date is $4,154,713.89 with $2,579,873.71 remaining unpaid.
Chief John Bentley reported the department has had 840 incidents ytd and 556 incidents since the last board meeting. The new mobile radios are being installed in the department vehicles. The department has received the new portable radios, by way of a Communications Grant received by the county. Chief Bentley leveraged the department’s portion of the grant, in the amount of $185,000, for cars and portable radios. The old portable radios will be used at the county jail. The personal protection equipment grant received last year helped finance an upgrade of rifles for all patrol cars, along with heavy vests and helmets, which will help protect officers in an active shooter situation. A reimbursement of $13,177.91 was received from that grant. Kelly Potter from Substance and Alcohol Abuse Council assisted in the department receiving a $1,500 grant to install a drug drop box in the department lobby, residents can drop old prescription drugs in the box and they will be properly disposed of. Chief Bentley has received confirmation from Senator Young and Assemblyman Goodell that the Court Officer position change to the position of a Peace Officer is scheduled to be voted on by the state.
Highway Superintendent Melvin Peterson reported the department continues to deal with the winter weather. They are patching pot holes when there is a break in the weather. The Village of Lakewood continues to use the town dump truck to assist with snow removal. Superintendent Peterson will consider declaring the truck as surplus in the spring.
Code Enforcement Officer Jeffrey Swanson did not have a report.
Supervisor Robbins moved to the following resolution which was duly moved by Councilman Mueller:
RESOLVED, the Town of Busti accept the Chautauqua Lake Partnership Agreement for 2018 as presented and reviewed by the town attorney.
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 accept the Chautauqua Lake Association Agreement for 2018 as amended and reviewed by the town attorney.
Upon roll call vote, all aye, carried
AGREEMENT (Amended February 5, 2018)
Made this 8th day of January, 2018 by and between:
CHAUTAUQUA LAKE ASSOCIATION, INC.
429 East Terrace Avenue
Lakewood, New York 14750
hereinafter referred to as the “Association”
and
TOWN OF BUSTI
hereinafter referred to as the “Municipality”
The Association is a Not-for-Profit New York Corporation with a stated purpose to protect public rights, decencies, pleasures and amenities of Chautauqua Lake, and its tributaries, streams and keeping the same clean, and to promote game fishing, boating, tourism and recreational uses and possibilities of the Chautauqua Lake basin to the extent that its funding and staffing permits.
During the past several years growth of noxious weeds and algae in Chautauqua Lake has seriously jeopardized the use of said lake for recreational and tourism purposes, has created potential health hazards and has contributed to the build up of unsightly and odoriferous shoreline debris.
The Association is the only organization, public or private, which maintains Chautauqua Lake. The Association engages in scientific study, public education, and mechanical weed harvesting operation, shoreline clean up and monitors lake conditions.
Chautauqua Lake contributes greatly to the economic, social and cultural base and stability of Chautauqua County and the municipality. It is therefore advantageous to the municipality and its residents to do whatever possible to protect and maintain Chautauqua Lake.
Therefore, the municipality, pursuant to authority vested in it by Law, wishes to grant financial and/or in-kind assistance to the association for the association’s 2018 lake maintenance program.
In consideration of the terms and conditions hereafter express, the parties hereto agree as follows:
- The Association hereby agrees to undertake a lake maintenance program during the calendar year 2018.
- The municipality hereby agrees to pay to the Association the sum of six thousand dollars ($6,000.00) for weed control for the Association’s 2018 lake maintenance program.
(a) The sum of six thousand dollars ($6,000.00) upon execution of this agreement and submission of a municipality detailed claim voucher in the name specified by the Municipality.
- Prior to any payment by the municipality to the Association, the Association shall submit to the Municipality a fully itemized Municipality claim voucher. In addition, the municipality shall have the privilege to examine the records of the Association at any time during the term of this agreement and for a period of three years following the termination hereof, for the purposes of verification and audit of financial and program activities. In addition, whenever practical, the Association shall comply with the competitive bidding provision and procedures set forth in Article 5-A of the General Municipal Law.
- It is expressly understood and agreed that for the objects and purposes of this agreement, the term “weed” shall include all noxious plants vascular, algae and otherwise, and that any governmentally sanctioned program of aquatic ecological control which includes weed and/or algae control and for which the association holds and possesses all necessary and current permits from the New York State Department of Environmental Conservation, may be considered an appropriate and acceptable program for the objects and purposes of this agreement.
- The association acknowledges that it is an independent corporate entity to, and not an employee, servant or agent of, the municipality, with the municipality having no voice whatsoever, except as provided herein, in methods, materials or equipment used, or the areas of Chautauqua Lake selected for treatment under the aforesaid lake maintenance program, the municipality’s sole interest being the public benefit from said lake maintenance program and insuring that the municipality’s funds are used exclusively for the objects and purposes herein set forth.
- The association shall indemnify and hold the municipality harmless from any liability, claim, demand, or judgment arising from the association’s carrying out of its lake maintenance program and shall maintain in full force and effect the following policies of insurance for the purposes of coverage only and not for payment of premium:
(a) Comprehensive General Liability Insurance covering product/operations for the term of this agreement and for a term of one year from the termination date of this agreement and further covering the hold harmless provisions of this agreement with a single limit coverage of at least $300,000 for bodily injury and $50,000 for property damage.
(b) Workers Compensation Insurance in amount and forms at least equal to the minimum coverage, if any, required by the State of New York, for any employee of the association for whom coverage is mandated by law.
Prior to commencing performance of the terms of this agreement, the association shall, if requested, exhibit to the municipality proof of compliance with the foregoing requirements. The association shall notify in writing the municipality of any cancellation, termination or modification of the insurance herein required.
- The municipality hereby reserves the option to terminate or cancel this agreement, in whole or in part, in the event that the association fails to comply with the terms and conditions of this agreement.
- This agreement shall terminate December 31, 2018.
The parties hereto have made and executed this agreement on the day, month and year first above written.
By: _____________________________________ By________________________________________
TOWN OF BUSTI CHAUTAUQUA LAKE ASSOCIATION, INC.
Supervisor Robbins noted the town has received the agreement from NYSERDA to move forward with the $100,000 Clean Energy Grant. The agreement has been reviewed and approved by the town attorney.
Supervisor Robbins moved the following resolution, which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti approve the NYSERDA grant agreement as presented.
Upon roll call vote, all aye, carried.
Councilman Hanson noted the town had received bids last January for the construction of the Records Room and Decker Construction was the low bid. Councilman Hanson recently reviewed the scope of work with the contractor and they agreed it would be best to change the construction to cement block and poured concrete. Because the intent is the same, Councilman Hanson didn’t feel there was a need to rebid the project.
Councilman Hanson moved the following resolution which was duly moved by Supervisor Robbins.
RESOLVED, the Town of Busti move ahead with the construction of the Records Room and contract with Decker Construction to complete the project.
Supervisor Robbins motioned to allow Southwestern Soccer Club to use the Loomis Park Soccer Fields, as requested for the 2018 spring, summer, and fall seasons. Motion was duly moved by Councilman Lawton. (A Certificate of Insurance is on file.)
All in favor, carried.
Councilman Mueller noted Sarah Durling, NYS Archives Regional Advisory Officer for Western New York, will be at the Village of Lakewood Trustee Board meeting on Monday, February 12th at 6 p.m.. Ms. Durling will speak about digitizing records and grant opportunities through NYS Archives.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, Code Enforcement Officer Jeffrey Swanson be authorized to attend the Finger Lakes Building Officials Association Inc. 2018 Educational Conference, March 12 – 14.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, Town Clerk Darlene Nygren be authorized to attend the 2018 New York State Town Clerks Association Annual Conference, April 22-25, in Albany, NY.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, Court Clerk Elizabeth Davis be authorized to attend the 2018 Town & Village Court Clerks Education Program, April 9th, at Jamestown Community College.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted the Chautauqua County IDA will be holding a public hearing at 125 Chautauqua Avenue to discuss the application of 2071 Stoneman, LLC, located at 2071 Stoneman Circle, the hearing will take place on February 7th at 11 a.m.
Supervisor Robbins read a letter of appreciation from the Village of Falconer for the support of the local fire departments during the January 14th fire in downtown Falconer.
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. 20 from warrant #844 to and including warrant #862 in the amount of $27,684.12 and Abstract No. 2 from warrant #11 to and including warrant #62 in the amount of $393,511.49.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to accept the January 8, 2018 Town Board and Organizational minutes, motion was duly moved by Councilman Mueller.
All in favor, carried.
Councilman Andrews reported he and Highway Superintendent Peterson attended the Lakewood Busti Stormwater meeting last Thursday morning. The findings of the study were explained, they are suggesting 10 possible projects which will be narrowed down to 6 projects. Most of the proposed projects are in the Village and one is in the town located on Shadyside Road. Superintendent Peterson noted that some projects that are said to be located in the Village are actually located in the town: for example the golf course location, Hunt Road outlet pipe, and a culvert on Big Tree Road.
Councilman Hanson stated he anticipates the new police agreement will be ready to review at the March Town Board meeting and that he has been notified the Village Trustees have a letter drafted in response to the town board’s request for the Village’s interest in consolidating administration office location.
Councilman Lawton attended the meeting with Eco Logic along with Councilmen Andrews and Mueller, gathering information from local municipalities with lake concerns. There was a good representation from several other municipalities and county representatives. He attempted to attend a webinar covering a Disney grant that could be used for parks and doesn’t feel this is the best grant opportunity for the town. Councilman Lawton believes there are other grants available that may better suit the needs of the town parks. Discussion followed regarding moving the location of the tennis courts at Lawson Park.
Supervisor Robbins moved to adjourn the meeting at 8:05 p.m. which was duly moved by Councilman Lawton.
All in favor, carried.
Moved by Supervisor Robbins, seconded by Councilman Hanson:
RESOLVED, that the Town of Busti Town Board met at 8:06 p.m. and completed an annual audit for accounts for the Supervisor, Town Clerk and Court Clerk on February 5, 2018 and found such accounts account to be true and correct.
Upon roll call vote,
Supervisor Jesse M. Robbins
Councilman Todd M. Hanson
Councilman Kenneth J. Lawton
Councilman James Andrews
Councilman Rudy Mueller
Resolution adopted.
The audit meeting adjourned at 8:45 p.m.
_________________________________
Darlene H. Nygren, Town Clerk
Respectfully Submitted,
_________________________________
Darlene H. Nygren, Town Clerk