REGULAR MEETING
March 5, 2018
A regular meeting of the Town Board of the Town of Busti was held on Monday, March 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, Code Enforcement Officer Jeffrey Swanson, Busti Fire Department Chief Matt Stafford, Lakewood Memorial Library President Mary McCague, Village of Lakewood Trustee Ted McCague, Ray Ayers and Gary Hinman – Cummins Engine.
Town Clerk Darlene Nygren reported the Clerk’s office has collected $5,795,267 in taxes, leaving $941,853 in unpaid taxes. Late notices will be sent out the week of March 12th and April 2nd is the last day of collection at her office. There were 46 of 100 Deer Management Assistant Program Permit tags handed out, 7 deer were harvested with the DMAP tags. Town Clerk Nygren attended a NYS Archive Webinar on February 14th, “Introduction to Information Technology”. She noted that the ProFlex HRA/FSA payment process is different than with NOVA and Benefits Plus. ProFlex charges the Insurance Account per transaction rather than the town paying an estimated annual amount to the administrator. The Insurance Account had previously been utilized as a deposit in/payment out account, now there are several transactions each month. Town Clerk Nygren is requesting the board give the bookkeeper online access to the account.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the bookkeeper have online access to the town’s “Insurance Account”.
Upon roll call vote, all aye, carried.
Code Enforcement Officer Swanson introduced Gary Hinman, Cummins Engine. Mr. Hinman stated Cummins Engine is in the process of a Capital Planning program and presented draft site plans to the board. Currently the company leases a warehouse in Celeron, which will soon expire; Cummins intends to construct a 110,000 square foot addition to it’s plant on Baker Street at the cost of 15-20 million dollars to replace the leased warehouse space. CEO Swanson and Town Clerk Nygren will schedule a Planning Board meeting/public hearing for a site plan review.
Chief John Bentley reported the department has had 1,615 incidents ytd and 781 incidents since the last board meeting. Chief Bentley commended Officer Casselman who recently saved the life of a knife wound victim.
Highway Superintendent Melvin Peterson reported the department was busy over the weekend with the recent storm. He is trying to keep the overweight trucks (log trucks) off the posted roads for a while. Superintendent Peterson noted the three lease on the Parks Department zero-turn mower is expiring, Land Pro has submitted an offer for the town to purchase a new Zero-Turn mower: the cost of the new mower would be $8,832, with a trade in value of $5,840 for the 2014 mower, and a net cost to the town in the amount of $2,992.
Councilman Mueller moved the following resolution, which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti accept the Land Pro offer to purchase a new Zero-Turn mower for the Parks Department, with a net cost to the town at $2,992.
Upon roll call vote, all aye, carried.
Highway Superintendent noted the roof is on the new concession stand at Loomis Park. He will be looking into the drainage at the site.
There was discussion regarding the tennis courts at Lawson Park.
Code Enforcement Officer Jeff Swanson reported the spring building season is picking up. He has been working with the fire departments to issue notification regarding the DEC spring burning ban. CEO Swanson will be attending training next week, Monday – Wednesday. He presented a proposed new fee schedule for the board’s review and would like to discuss it further at the April 16th Town Board meeting.
Busti Fire Department Chief Matt Stafford reported 33 calls for the month of January: 19 – EMS, 7 – Fire, 3 – Motor Vehicle Accidents, and 4 – Service Call; 23 calls for the month of February: 16 – EMS, 4 – Fire, 3 Motor Vehicle Accidents; and 2 for the month of March, to date: 1 – EMS and 1 – Service Call. Chief Stafford noted the pagers are being tested at the county, the new generator is working great, and the department’s “Daytona” party was a success.
Supervisor Robbins moved the following resolution, which was duly seconded by Councilman Hanson:
RESOLVED, the Town of Busti Town Board rescind the resolution on passed on February 5, 2018 that the Town of Busti Town Board accept the proposed 2018 Agreement as presented by the Lakewood Memorial Library and accept the following agreement:
AGREEMENT
This agreement made and entered into this 5th of March 2018 and between:
TOWN OF BUSTI
125 Chautauqua Avenue
Lakewood, New York, hereinafter referred to as “TOWN”
and
LAKEWOOD MEMORIAL LIBRARY
12 W. Summit Avenue
Lakewood, New York, hereinafter referred to as ”ORGANIZATION”
WITNESSETH:
WHEREAS, TOWN is a municipal corporation existing under and by virtue of the State of New York; and
WHEREAS, ORGANIZATION is a not-for-profit organization providing services to both its members and the general public; and
WHEREAS, TOWN and ORGANIZATION desire to enter into a contract wherein and whereby ORGANIZATION will provide service to TOWN and ORGANIZATION as follows:
- ORGANIZATION agrees to provide the following services to TOWN for the period commencing January 1, 2018 to December 31, 2018: Library facilities and library services to members of the general public.
- TOWN shall pay to ORGANIZATION the sum of $69,500 for such services on or before the 6th day of March 2018.
- The parties agree that the sum paid for services herein covers the 2018 calendar year and that if the ORGANIZATION receives any tax funding through Section 259 of the Education Law such funding will start beginning with the 2019 calendar year.
- ORGANIZATION agrees to hold TOWN harmless as a consequence of any action for damages which may be brought against TOWN by reason of ORGANIZATION providing such services to TOWN.
- This agreement is authorized by the following statue or statues: General Municipal Law and Town Law.
IN WITNESS WHEREOF, the parties to this agreement have hereunto set their hands and seals.
ATTEST: TOWN OF BUSTI
_____________________ ________________________
Clerk Town of Busti Supervisor
ATTEST:
_____________________ ________________________
Lakewood Memorial Library
Upon roll call vote, all aye, carried.
Councilman Hanson moved the following resolution, which was duly moved by Councilman Mueller;
RESOLVED, the Town of Busti Town Board rescind the agreement with Hazeltine Library approved on January 8, 2018 and accept the following agreement:
AGREEMENT
This agreement made and entered into this 5th day of March, 2018, rescinding the agreement made and entered into the 8th day of January, 2018, by and between:
TOWN OF BUSTI
125 Chautauqua Avenue
Lakewood, New York, hereinafter referred to as “TOWN”
and
HAZELTINE PUBLIC LIBRARY
891 Busti-Sugar Grove Road
Jamestown, New York hereinafter referred to as “ORGANIZATION”
WITNESSETH:
WHEREAS, TOWN is a municipal corporation existing under and by virtue of the State of New York; and
WHEREAS, ORGANIZATION is a not-for-profit organization providing services to both its members and the general public; and
WHEREAS, TOWN and ORGANIZATION desire to enter into a contract wherein and whereby ORGANIZATION will provide services to TOWN and its residents;
NOW, therefore, it is hereby agreed by and between TOWN and ORGANIZATION as follows:
- ORGANIZATION agrees to provide the following services to TOWN for the period commencing January 1, 2018, to December 31, 2018: Library facilities and library services to members of the general public.
- TOWN shall pay to ORGANIZATION the sum of $51,000 for such services by paying ORGANIZATION’s payroll and other expenses submitted throughout the year, with any remaining balance to be paid in a lump sum no later than March 1, 2019.
- The parties agree that the sum paid for services herein covers the 2018 calendar year and that if the ORGANIZATION receives any tax funding through Section 259 of the Education Law such funding will start beginning with the 2019 calendar year.
- ORGANIZATION agrees to hold TOWN harmless as a consequence of any action for damages which may be brought against TOWN by reason of ORGANIZATION providing such services to TOWN.
- This agreement is authorized by the following statute or statutes: General Municipal Law and Town Law.
IN WITNESS WHEREOF, the parties to this agreement have hereunto set their hands and seals.
ATTEST: TOWN OF BUSTI
___________________________ ______________________________
Clerk, Town of Busti SUPERVISOR
ATTEST: BY:
___________________________ ______________________________
HAZELTINE PUBLIC LIBRARY
Upon roll call vote, all aye, carried.
Supervisor Robbins noted the Town received a letter of response from the Village of Lakewood regarding the Consolidation of Administration and Police office facilities. The letter stated the Board of Trustees believed it would be premature to have any serious discussions or make any early decisions on the matter until work on Chautauqua County’s bid for a 20 million dollar grant from New York State is received.
Councilman Andrews stated he was saddened by the Village’s response.
Supervisor Robbins moved the following resolution, which was duly moved by Councilman Hanson:
RESOLVED, to execute interfund transfers as follows:
Town of Busti
Budget Transfer – Final
12/31/2017
To adjust budget for A Fund
Transfers to Account (credit): Transfer from Account (debit):
A1010.100 Town Board – per svcs 0.06 A1010.400 Town Board – contractual 0.06
A1110.200 Justice – equipment 8,221.00 A1110.400 Justice – contractual 6,356.06
A1220.100 Supervisor – per svcs 0.04 A1220.400 Supervisor – contractual 1,864.98
A1620.200 Buildings – equipment 4,637.75 A1620.400 Buildings- contractual 4,637.75
A3310.400 Traffic Control – contractual 1,160.30 A1910.400 Unallocated insurance 2,441.74
A9060.800 Hospital & Medical Inx 2,122.66 A1330.200 Traffic Control – equipment 841.22
16,141.81 16,141.81
To adjust budget for B Fund
B8010.100 Zoning – pers services 750.75 B8010.400 Zoning – contractual 750.75
B9010.800 NYS Retirement Ins 564.56 B9060.800 Health insurance 398.55
B9730.700 BAN interest 166.01
1,315.31 1,315.31
To adjust budget for DB Fund
DB5130.200 Machinery – equip 44,610.43 DB5110.100 General repairs – per svcs 21,378.65
DB9010.800 State retirement 2,681.65 DB5110.400 General repairs – contractual 22,561.12
DB9060.800 Hospital/Medical Ins 5,051.11 DB5130.400 Machinery – contractual 8,403.42
52,343.19 52,343.19
To adjust budget for L Fund
L9030.800 Social Security 74.05 L7410.100 Library – per svcs 474.41
L9050.800 Unemployment insurance 400.36
474.41 474.41
To adjust budget for SW3 Fund
SW3-9951.900 Water District#3 – other 689.37 SW3-9710.800 Serial Bond principle 0.24
SW#-9710.900 Serial Bond interest 0.51
689.37 689.37
Upon roll call vote, all aye, carried.
Supervisor Robbins noted he, Councilman Hanson, Chief Bentley, Village of Lakewood Mayor Birrittieri, and Village of Lakewood Trustee McCague have been working on a new five-year Police Protection Agreement. The proposed agreement was presented to the Town Board for their review. There was an overall concern with the appendix page of the agreement referring to a BAN for the Conversion of Police Retirement to 384-e policy which stated “Busti Pays 40%”. Supervisor Robbins assured the board the amount referred to was included with the annual payments in the proposed agreement Section 6 A “Payments Busti shall make to Lakewood”. Attorney Joel Seachrist will contact Village Attorney Lamancuso requesting the proposed agreement be amended to read the “Busti Pays 40%” figures referred to in the appendix is included in the “Busti Fiscal Year payments” in Section 6 A “Payments Busti shall make to Lakewood”.
Councilman Hanson moved the following resolution which was duly moved by Supervisor Robbins:
RESOLVED, the Town of Busti accept the proposed 5-year agreement with the Village of Lakewood for the provision of law enforcement protection with the recommended amendment.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution, which was duly moved by Councilman Mueller:
RESOLVED, Town Clerk Darlene Nygren and Bookkeeper Sue Williams be authorized to attend an Office of State Comptroller Seminar for Local Officials in the Town of Ogden, April 19, 2018.
Upon roll call vote, all aye, carried.
The Village of Lakewood had submitted a proposed agreement with the Town of Busti, titled “Agreement Not to Spray Herbicides Adjacent to the Village of Lakewood” .
Discussion followed. The agreement was tabled until the April 16, 2018 Town Board meeting.
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. 3 from warrant #63 to and including warrant #132 in the amount of $211,159.88.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to accept the February 5, 2018 Regular Town Board minutes and the February 26, 2018 Special Town Board minutes, motion was duly moved by Councilman Mueller.
All in favor, carried.
Councilman Mueller reported he and Town Clerk Nygren attended the Village of Lakewood February 12th Board of Trustees’ meeting where NYS Archives Regional Advisory Officer for Western New York, Sarah Durling, did a presentation on “Digitizing Records”. Ms. Durling noted the availability of grant funds and shared grant applications.
Councilman Andrews reported he has received an update on the Lakewood-Busti Stormwater Management Engineering Study. The list of six (6) projects that will move on to the next stage of design (30% with visualizations) by the Village’s engineer, Barton & Loguidice (B&L) has been finalized. The projects are:
- Lowe Park stream daylighting/sediment capture
- Village Square Streetscape (Chautauqua/Summit)
- Streambank restoration on Hillcrest Ave
- Pond retrofit or new pond (complementary project to 5-7)
- Roadside swale retrofit (multiple locations in Town and Village)
- Rod & Gun Club Stormwater Management Area
Councilman Hanson reported the Records Room is under construction with a projected completion date of March 31st. The contractors are working on the Loomis Park Concession stand. He has scheduled a meeting with the Solar Panel installer on March 14th and has informed National Grid the town is moving forward with the streetlight conversion to LED.
Supervisor Robbins moved to enter executive session at 7:55 p.m. to discuss an employee issue. Motion was duly moved by Councilman Hanson.
All aye, carried.
Supervisor Robbins moved to close the executive session at 8:28 p.m., motion duly moved by Councilman Hanson.
All aye, carried.
Supervisor Robbins moved to adjourn the regular meeting at 8:29 p.m. which was duly moved by Councilman Lawton.
All in favor, carried.
Respectfully Submitted,
_________________________________
Darlene H. Nygren, Town Clerk