REGULAR MEETING
October 15, 2018
A regular meeting of the Town Board of the Town of Busti was held on Monday, October 15, 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 Rudy Mueller
Councilman Todd Hanson
Councilman Kenneth 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, Busti Lakewood Police Chief John Bentley, Elle Lawton, Susan Lane, John Francisco, Steven Milliman, Derek Milliman, Michael Looker, Joan Erickson, Bruce Erickson, Jim Dahlie, Village of Lakewood Trustee Randy Holcomb, Chautauqua County Legislator P.J. Wendel, Village of Lakewood Trustee Ted McCague, Mike Nygren, and Eric Zavinski – Post-Journal.
Steven Milliman noted he had applied for a Special Use Permit to operate a Beauty Salon at his home located on Mitchell Road and was informed the Zoning Code does not allow that type of use in the zoning district where his home is located. Mitchell Road is located in the Conservation Residential (CR) District. Mr. Milliman asked the board if anything could be done to allow him to operate a Beauty Salon in his home. Discussion followed.
Supervisor Robbins will consult with the attorney for the town regarding the matter and contact Mr. Milliman.
Chautauqua County Legislator P.J Wendel reported the county is in final deliberation for the 2019 budget. He feels the county is presenting a structurally sound budget, with the expenses balancing the revenues, and will not be using any fund balance.
Town Clerk Nygren reported she received notification from Chautauqua County Dept of Public Facilities that the request to reduce the speed limit on Sandstrom Road has been forwarded to New York State Dept. of Transportation. Clerk Nygren has contacted Jamestown BPU regarding letters of notification of Unpaid Water to town residents, if the accounts remain unpaid the amount owed will be levied on the 2019 County Town tax bill. Ashville Fire District has submitted their Preliminary 2019 budget to her office today.
Lakewood Busti Police Chief Bentley reported 7,170 incidents year to date, and 337 since the last board meeting. He noted the department has been patrolling on Wellman Road and as a result has issued several tickets for speeding.
Highway Superintendent Melvin Peterson reported the department has finished blacktopping on Wellman Road and is hand patching where needed. The Highway Department has been working with Kiantone as Shared Services and is also ensuring the Town of Busti’s equipment is ready for winter. Councilman Mueller asked if the department will be installing any culverts in the upcoming year. Superintendent Peterson stated there are two culvert jobs that need to be completed at a cost of $5,000 each.
Code Enforcement Officer reported Fire Inspector Mike Gleason will begin working this week. He will begin inspections in the Village of Lakewood starting with those locations with the most hazardous potential. CEO Swanson will work with the Fire Inspector to help him get started.
Supervisor Robbins noted it was 7:00 p.m. and moved to open a Public Hearing pursuant Local Law 3 for the year 2018 “A LOCAL LAW TO OVERRIDE THE TAX LEVY EZTABLISHED IN GERNERAL MUNICIPAL LAW SECTION 3-C”. Motion was duly moved by Councilman Hanson.
All in favor, carried.
Proof of publication was placed on file.
No one from the public commented on the proposed law.
Supervisor Robbins noted it was 7:01 p.m. and moved to close the public hearing, duly moved by Councilman Hanson.
All in favor, carried.
Councilman Mueller questioned why it was necessary to pass the law if the proposed 2019 budget will not be exceeding the tax cap. Supervisor Robbins stated the law was necessary to protect the town in the event there was unexpected expenditure that would raise the budget over the tax cap. There was no further discussion.
Resolution to adopt Town of Busti
Local Law No. 3 for the Year 2018
A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED
IN GENERAL MUNICIPAL LAW SECTION 3-C
Moved by Supervisor Jesse Robbins, Seconded by Councilman Hanson:
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 intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Busti, County of Chautauqua, pursuant to General Municipal Law § 3-c, and to allow the Town of Busti, County of Chautauqua, to adopt a town budget for (a) town purposes (b) fire protection districts and (c) any other special or improvement district governed by the town board for the fiscal year 2019 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law § 3-c.
Section 2. Authority
This local law is adopted pursuant to subdivision 5 of General Municipal Law § 3-c, which expressly authorizes the town board to override the tax levy limit by the adoption of a local law approved by vote of sixty percent (60%) of the town board.
Section 3. Tax Levy Limit Override
The Town Board of the Town of Busti, County of Chautauqua, is hereby authorized to adopt a budget for the fiscal year 2019 that requires a real property tax levy in excess of the limit specified in General Municipal Law § 3-c.
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,
Aye Nay
Supervisor Robbins X
Councilman Mueller X
Councilman Andrews X
Councilman Hanson X
Councilman Lawton X
Carried.
CEO Swanson continued with his report. He is working on updating the building permit application; he feels the new application will be more self-explanatory/user friendly and will better inform residents of the necessary inspections.
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 Hanson.
All in favor, all aye.
Proof of publication was placed on file.
Supervisor Robbins asked for public comment. Joan Erickson asked for clarification that the proposed 2019 Budget reflects the reduction of funds that were previously allocated for funding to the local libraries. Supervisor Robbins replied $120,000 was removed from the proposed budget due to the elimination of library funding. However, the overall proposed budget is $100,000 less than the 2018 budget due to increases in other line items, if the proposed budget is passed Village residents will have a reduction in the 2019 town tax in the amount of 21¢per thousand. Jim Dahlie expressed his concern that the 2019 budget reflect a reduction equal to the amount that had been previously allocated for library funding, noting the recent library tax was up to $204,000 from $185,000. Supervisor Robbins noted the town has no control over the library spending and residents should voice their concern regarding the library tax to the local libraries. Bruce Erickson asked if the 2019 budget had funds allocated for lake maintenance, he does not believe that the herbicide application to Chautauqua Lake this summer was a good use taxpayers’ money. Supervisor Robbins noted the board has had numerous residents that have thanked the board for the decision to participate in the herbicide application, who stated they have not seen the lake in such good condition for years.
Supervisor Robbins noted it was 7:29 and moved to close the public hearing, which was duly moved by Councilman Hanson.
All in favor, carried.
Councilman Mueller stated he believes the 2019 budget should be $120,000 less than 2018, stating there is money available in the Fund Balance and the Unexpended Fund Balance could be increased $20,000 and lower the tax levy. The average Fund Balance for the past six years is $306,000. He questioned why it was necessary to have $20,000 in a Contingency Account. Councilman Lawton stated he would like to see the library taken out of the discussion, the $120,000 for library funding was taken out of the proposed budget. The $20,000 difference is due to increases in other expenditures and keeps stability. Councilman Hanson noted the Contingency Account is to have funds available for any unexpected projects that may develop which weren’t accounted for in the budget.
Councilman Mueller moved the following resolutions, which were not duly moved:
RESOLVED, to amend the 2019 Preliminary Budget by –
1. Increase the Appropriations in DA Highway – Town wide from $0 to $5,000, increase the DA Unexpended Fund Balance from $0 to $5,000, reduce the DB Highway – Town Outside Village Appropriations from $1,215,187 to $1,210,187, and lower the DB Amount to be Raised by Tax from $495,219 to $490,219.
2. Increase Revenue Accounts B1120 and DB1120: each from $395,000 to $400,000 and lower amount to be raised by tax in B General Fund – Town Outside Village and DB Highway – Town Outside Village: each by $5,000.
3. Reduce A1990.400 Contingent Account from $20,000 to $0 and reduce A General Fund – Town wide Amount to be raised by taxes from $574,500 to $569,500
Not carried
County Legislator Wendel noted when a municipality uses fund balance it is at risk of their bond rating dropping. The use of fund balance is not passing a balanced budget.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Lawton:
RESOLVED, to amend the 2019 Preliminary Budget with an increase to Account A5010.100 Supt. of Highways – Personal Services from $75,846 to $76,459.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, to amend the 2019 Preliminary Budget with an increase DA5120.400 Maintenance of Bridges – Contractual from $0 to $5,000 and increase DA Highway Town wide Unexpended Fund Balance from $0 to $5,000. Decrease DB5110.400 Transportation General Repairs – Contractual $286,000 to $281,000 and decrease DB Highway Town Outside Village from $144,000 to $139,000.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, to approve the 2019 Final Budget with amendments to the 2019 Preliminary Budget.
Upon roll call vote, Aye Nay
Supervisor Robbins X
Councilman Mueller X
Councilman Andrews X
Councilman Hanson X
Councilman Lawton X
Carried.
2019 Budget REvenues & Appropriations Excel Version
Supervisor Robbins noted the Town of Busti received a $1,000 Discretionary Grant from the Ralph C. Sheldon Foundation, Inc., the funds are to be used towards finishing the concession stand at Loomis Park.
Supervisor Robbins noted the town received a response to the municipal zoning referral regarding a special use permit for the operation of a wedding/special events facility at 1113 Southwestern Drive, tax parcel 420.00-2-22, located in the Conservation Agricultural (CA) District and found the matter to be of local concern.
Supervisor Robbins motioned to approve the Special Use Permit application of Mike Nygren to operate a Wedding/Special Events facility at 1113 Southwestern Drive, duly moved by Councilman Hanson.
Upon roll call, all aye, carried.
Supervisor Robbins noted Town Clerk Nygren has requested to participate in a joint 2019 Records Management Grant application. Clerk Nygren explained Southern Tier West would be the lead agency on the application, if approved town records (which could include minutes, vital statistics, payroll records, and cemetery records) would be in electronic format in Laserfiche software hosted on Southern Tier West’s server. She is recommending the town begin with the cemetery records. The grant could also include shelving and/or a scanner.
Supervisor Robbins moved the following resolution, which was duly moved by Councilman Andrews:
RESOLVED, Town Clerk Darlene Nygren be authorized to participate in a joint 2019 Records Management Grant. The grant application will be submitted early 2019 and Southern Tier West will be the lead agency on the application.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution, which was duly moved by Councilman Hanson:
RESOLVED, Code Enforcement Officer Jeff Swanson be authorized to attend NYSERDA sponsored Energy Code Enforcement Training on November 29th at Southern Tier West in Salamanca, NY.
Upon roll call vote, all aye, carried.
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. 14 from warrant #624 to and including warrant #658 in the amount of $93,495.25.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to accept the October 1, 2018 Regular Town Board minutes, motion was duly moved.
All in favor, carried.
Supervisor Robbins noted a member of the Amish Community had contacted him about expanding the CAMP zoning district. The community is asking the town board to consider expanding the district by including the area south of Kortwright Road to the PA border; and east of Wellman Road to west of Big Tree Road. Discussion followed, the board will address the request at a later date.
Supervisor Robbins motioned to appoint Robert Whitman to the Planning Board effective immediately, motion was duly moved by Councilman Mueller.
Upon roll call vote, all aye, carried.
Councilman Lawton stated he would like to see the lake groups collaborating and know the Chautauqua Lake & Watershed Management Alliance was one the town can trust. He is working on the RFA grant and hopeful to receive grant funding to assist with the cost of future herbicide treatment on Chautauqua Lake. Bruce Erickson stated he has asked Chautauqua Lake Partnership to contact him and he would share their voice with the Alliance. As a member of the board he will do his best to serve the town, CLA, and CLP. Legislator Wendel noted Chautauqua Lake is under the authority of New York State. The various lake groups seem to all have the same philosophy but with different methods. There has been discussion about creating a lake district but there is a question of who would oversee the funds.
Councilman Mueller moved the following resolution, which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti commit to be a 2018-19 Member of Chautauqua Lake & Watershed Management Alliance and committing to pay Tier 2 Annual Membership Dues of $2,000 to be paid on or before December 1, 2018. The membership is effective July 1, 2018 – June 30, 2019.
Upon roll call vote, all aye, carried.
Councilman Hanson noted he has been working with Solar Liberty and hoping the solar panel installation will be scheduled soon. He has been communicating with National Grid and still waiting on some documentation from them before the streetlights can be converted to LED. He and Town Clerk Nygren have requested to have a press release from NYSERDA regarding the $100,000 grant and the projects involved.
Supervisor Robbins moved to adjourn the meeting at 8:42 p.m. which was duly moved by Councilman Andrews.
All in favor, carried.
Respectfully Submitted,
_________________________________
Darlene H. Nygren, Town Clerk