REGULAR MEETING
August 5, 2019
A regular meeting of the Town Board of the Town of Busti was held on Monday, August 5, 2019 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 Kenneth Lawton
Councilman Todd Hanson
Supervisor Robbins called the meeting to order with the salute to the flag and a moment of silence was observed, he asked all in attendance to keep those affected by the recent El Paso and Dayton shootings in their thoughts and prayers.
Present at the meeting were: LBPD Chief John Bentley, Highway Superintendent Melvin Peterson, Town Justices William Geary and Lyle Hajdu, Village of Lakewood Trustee Randy Holcomb, Code Enforcement Officer Jeff Swanson, Paul and Jamie Gustafson, Ray Ayers, Randall Perry – Chautauqua Lake and Watershed Management Alliance, Mike Looker, Jason Genberg – Pumpkintown, Marshall Minor, Tom Marlinski, Ronald Ross, and Nick Psareas.
Nick Psareas stated he owns property at 4477 Gleason Road and is interested in starting a non-ferrous recycling business at the location. Supervisor Robbins referred the matter to Code Enforcement Officer Swanson.
Ron Ross, 2100 Winch Road, informed the board that he has an ongoing problem with runoff on his side yard. He
originally thought the issue was from Hunt Road, however the county cleaned out the storm drains and the problem continues to get worse. Discussion follows. Highway Superintendent Peterson has discussed the issue with Dave Spann, Chautauqua County Soil and Water Conservation District – District Field Manager, have discussed the issue in the past; Superintendent Peterson will contact Mr. Spann again regarding the matter.
Jason Genberg, Pumpkintown, requested to amend Pumpkintown’s special use permit to allow for educational field trips which would be held during the week and can be done in the course of our operating season which runs from third weekend in September thru October 31st annually. Field trip days during the week will not be open to public, only schools for field trips. Mr. Genberg also requested that Columbus Day (second Monday in October) annually, be added as a normal operation day open to public.
Supervisor Robbins moved to set a Public Hearing on August 19, 2019 at 7:00 p.m. to amend the Special Use Permit for Pumpkintown. Motion was duly moved by Councilman Lawton.
All in favor, carried.
(Note: after further review of the said Special Use Permit it was discovered the SUP does not address specific dates, days, and hours of operation; therefore there is no need to amend the Special Use Permit and hold a public hearing.)
Town Justice William Geary reported the court received six applications for the advertised Deputy Court Clerk position; three of which were well qualified and interviewed. The criteria for selecting the best candidate was education and experience with preferably legal experience. Those interviewed were excellent qualified candidates; the decision of which candidate to offer the position to came down to the significant experience in the legal field. Judge Geary requested the board’s approval to hire the candidate selected as a full-time employee at a pay rate of $16 per hour; the justices will notify the board who they selected after the candidate has accepted the position.
Councilman Hanson stated the judges went through the proper process in selecting the best candidate. Councilman Mueller stated he had faith in the judges’ decision.
Councilman Hanson moved the following resolution which was duly moved by Councilman Mueller:
RESOLVED, the Town Justices be authorized to hire the selected candidate for the position of Deputy Court Clerk, the position will be full-time (37 ½ hours) with a pay rate of $16 per hour, with a start date to be determined by the Town Justices and the candidate.
Upon roll call vote, all aye, carried.
Supervisor Robbins requested to meet with Town Justice Hajdu and Town Prosecutor Seachrist on Tuesday evening before court is in session. They agreed to meet at 6 p.m.
Town Clerk Darlene Nygren reported 778 2019-20 Transfer Stickers have been sold to date. The clerk’s office began selling 2019-20 Hunting Licenses on August 1st. Clerk Nygren noted Kevin Myers, Chautauqua Metal Finishing Supply, requested an update on the installation of the streetlight at the dead-end of Cramer Drive.
Supervisor Robbins motioned to authorize Clerk Nygren to send a letter to National Grid regarding the Cramer Drive Streetlight installation, motion was duly moved by Councilman Andrews.
All in favor, carried.
Clerk Nygren reported Busti Church of God requested to post a sign advertising their annual VBS program in the Triangle in the Hamlet. The VBS will run from August 12th through August 15th.
Councilman Lawton motioned to authorize Busti Church of God to post a VBS sign in the Hamlet Triangle through August 15th, motion was duly moved by Councilman Hanson.
All in favor, carried.
Clerk Nygren reported Dog Control Officer, Beth Moss, continues conducting the Dog Enumeration and reported 52 unlicensed dogs counted from July 6th through August 3rd; to date 77 dogs have been licensed as a result of the census. Any unlicensed dog counted in the census will be assessed a one-time unlicensed dog fee of $5.00 at the initial licensing. Clerk Nygren reported she will be ordering shelving to be used in the Records Room with funds available in the Clerk’s 2019 budget. The shelving is more practical for storing records, 30″ deep, can store two rows of boxes per shelf, and will go the length of the left side of the room.
Chief John Bentley reported the department has handled 5,530 incidents ytd and 484 since his last report. The department has hired two part-time officers and had two officers leave who were recently hired by the Sheriff’s department. He plans to hire two more part-time officers. Chief Bentley reported Patrolman Carl Caprino has retired after 28 ½ years of service with the Lakewood Busti Police Department, the town board thanks him for his service.
Highway Superintendent Melvin Peterson reported the department has been blacktopping, assisting the Village of Lakewood on Shadyside and the Town of Kiantone with two dead-end roads. They will be working on the Busti portion of South Avenue tomorrow.
Councilman Hanson thanked the Highway Department for their work on the Loomis Park concession stand and restrooms.
Code Enforcement Officer Jeff Swanson reported receiving an increasing number of calls regarding Zombie Properties. There is a hotline number for residents to report such properties to New York State. CEO Swanson questioned if any further research has been done regarding combining the Zoning Board of Appeals and the Planning Board. He noted both boards are not full, and it is his opinion that a combined board would be more effective and easier to fill. Supervisor Robbins will talk to Attorney Seachrist regarding the matter. Mr. Swanson also reported the town did not receive any applications for the Fire Inspector position and believes that is due to the pay rate for the position.
Supervisor Robbins moved to set a Public Hearing on August 19, 2019 at 7:15 p.m. for Local Law 2019-2 “Exemption Eligible Facilities Request from Special Use Permit Requirements”. Motion was duly moved by Councilman Mueller.
All in favor, carried.
Supervisor Robbins noted the Assessor Agreement with the City of Jamestown expires on September 30, 2019. He will contact Jim Olson, City Clerk, regarding renewing the agreement. Once the agreement is renewed the Town Board will act on the appointment of Assessor which also expires September 30, 2019.
Supervisor Robbins noted the Bookkeeper/CPA reported the following Budget Transfers:
To adjust budget for A Fund
Transfers to Account (credit) Transfers from Account (debit):
A1620.200 Buildings – Equipment $55,596.60 A1910.400 Unallocated Insurance $ 1,119.05
A5132.200 Garage – Equipment 28,610.95 A1990.400 Contingent Account 20,000.00
A7550.400 Celebrations – contractual 9.40 A8160.400 Refuse & Garbage-cont. 4,347.90
A8810.400 Cemetery – Contractual 2,818.96
A3097 State Aid – Capitol Proj 58,750.00
A9901.900 Transfers to other funds 2,818.96 _________
87,035.91 87,035.91
To adjust budget for B Fund
B8020.400 Planning – Contractual 138.60 B8010.400 Zoning – Contractual 138.60
138.60 138.60
To adjust budget for L Fund
L7410.100 Library – pers svcs 3,325.30 L599 Appropriated Fund Bal 3,579.70
L9030.800 Social Security 254.40 ________
3,579.70 3,579.70
To adjust budget for CM1 Fund
CM1-8810.400 Bentley Burial Exp 2,154.55 CM1-2401 Interest & Earnings 1.67
Transfer from General Fund 2,152.88
2,154.55 2,154.55
To adjust budget for CM2 Fund
CM2-8810.400 Busti Burial Exp 4,534.10 CM2-2190 Busti Lot Sale 910.00
CM2-2192 Busti Cemetery Services 3,600.00
CM2-2401 Interest & Earnings 2.59
Transfer from General Fund 21.51 4,534.10 4,534.10
To adjust budget for CM3 Fund
CM3-8810.400 Wellman Burial Exp 1,344.70 CM3-2192 Charges for Cemetery Svcs 700.00
CM3-2401 Interest & Earnings 0.13
Transfer from General Fund 644.57
1,344.70 1,344.70
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, to execute interfund transfers from the General Fund (A) to the Bentley Cemetery (CM1) in the amount of $2,152.88; from the General Fund (A) to the Busti Cemetery (CM2) in the amount of $21.51; and from the General Fund to the Wellman Cemetery Fund (CM3) in the amount of $644.57. These amounts have been included in the General Fund budget. The remainder is included in the above as a budget transfer. By definition, interfund transfers are transfers intended to subsidize the receiving funds and will not be repaid.
Upon roll call vote, all aye, carried.
Randall Perry, Chautauqua Lake and Watershed Management Alliance, updated the board with the status of the Town of Busti and Village of Lakewood, Precision Swale Stormwater Retrofit Project, NYS DEC Water Quality Improvement Project (WQIP). The project team – consisting of Highway Superintendent Melvin Peterson, Councilman Jim Andrews, Councilman Ken Lawton, Village of Lakewood DPW Supervisor, Paul Gustafson (Busti Resident), and Mr. Perry – has met and reviewed the proposed scope of work, the proposed locations, estimated linear footage and the town’s contribution (cash and in-kind commitment). Mr. Perry, Superintendent Peterson, and Mr. Pilling viewed the original proposed sites as well as new candidate sites. The team will continue to meet periodically and make a final site location recommendation. The anticipated project timeline is as follows:
1. Establish State Assistance Contract – submitted 6/14/19, ready for town’s signature
2. Town selects engineering consultant(s) for design & construction inspection via Requests for Proposals ca. – Summer/Fall 2019; draft RFP to prepared by Alliance and sent to Team for review
3. Town selects construction contractor(s) via public bid ca. Spring 2020
4. Town contributes in-kind service during construction ca. Spring Fall 2020
5. Two-year Operation and Maintenance after construction by Town as in-kind ca. 2021-2022
The Local Match Breakdown is as follows:
Town In-kind
2 Year O&M $20,000
Traffic Control 14,587
Town Cash 5,000
County/Alliance Cash (Alliance Fund) 5,000
Foundations/Alliance Cash (Alliance Fund) 22,906
Total $67,493
Supervisor Robbins stated the town is responsible to pay upfront for the project construction and submit to the state for reimbursement with grant funds. He noted Attorney Joel Seachrist has reviewed the State Contract for the Swales Project Grant and found no reason to not authorize signature from the town.
Councilman Todd Hanson moved the following resolution, which was duly moved by Councilman Mueller:
RESOLVED, to authorize Supervisor Robbins to sign the Town of Busti and Village of Lakewood, Precision Swale Stormwater Retrofit Project, NYS DEC WQIP State Contract.
Upon roll call vote, all aye, carried.
Councilman Lawton noted Chautauqua Lake Partnership has offered to write the 2019-2020 Request for Application (RFA) for local funding opportunities. He added the $10,000 that was awarded to the Town of Busti for the 2018-2019 RFA was transferred to the Village of Celoron to assist with the cost of herbicide application as NYS DEC didn’t approve the town’s herbicide application for 2019.
Councilman Lawton moved the following resolution which was duly moved by Supervisor Robbins:
RESOLVED, Chautauqua Lake Partnership be authorized to write the 2019-2020 RFA for local funding opportunities for the Town of Busti.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to accept the “Town of Busti Park Facilities Rules and Regulations” and “Park Reservation Forms” as written and presented by Clerk Nygren, duly moved by Councilman Hanson.
All in favor, carried.
Supervisor Robbins moved the following resolution, which was duly moved by Councilman Lawton:
RESOLVED, authorize Code Enforcement Officer, Deputy Town Clerk, Planning Board and Zoning Board Members to attend the Association of Towns Planning & Zoning School in Batavia, NY – September 30, 2019.
Upon roll call vote, all aye, carried.
Councilman Hanson presented the following proposal to the board for their consideration.
Town of Busti Fund Balance Preliminary Proposal 8-5-19
In reviewing the information provided from our office, historical data and an outline from the state comptrollers office along with my personal experience with finances and budgets not only at the town but in other organizations I have put together a base proposal as follows.
I make a resolution that the Town of Busti adopt the following recommended funds balances for each fund listed and use these recommended balances as part of the yearly budget process and for future financial planning. The balances would be a guideline and it may take multiple years to either increase or decrease each fund balance as to not put any undue financial burdens on the taxpayers and to also help make any year to year budget changes gradual. The intent would also be to stay within the tax cap if possible and that the recommended balances would be adjusted as needed to allow for changes in our state and county along with any other financial and market changes and trends.
A fund whole town- $500,000
B fund part town- $225,000
DA highway whole town- $75,000
DB highway part town- $400,000
For a total of $1,200,000
I would like to list a few comments to support this resolution in no particular order
Our town has one of the highest fiscal strengths in the entire state and part of that is thanks to the people who came before us and the other part is our boards continued commitment to keep our finances in sound order and staying out of debt.
The fund balance allows us to take advantage of opportunities like buying ahead to save on increases for trucks etc along with allowing us to take advantage of grants and other programs when we need to have funds on hand to get started like the solar and streetlight project. It also protects us in times of need and covers unexpected costs and increases like NYS compensation, healthcare and pensions to name a few. Lastly in good times it allows us to enhance our town with things like the new concession stand and helping with the Lakewood baseball field and also having the needed funds to help with the lake projects that have came up over the last couple years.
In talking with our bookkeeping staff it is imperative that we carry enough balance so we are always solvent on a month to month basis as revenues come in and expenses go out. We have many large expenditures and they believe we are in a good position financially.
We don’t have reserve funds and our contingency fund is very small which is one of the factors in deciding what the balances should be as per the state comptroller. He also states that using percentages may not be appropriate and that the more uncertain expenditures and revenues become the higher the balance should be. One example is the tax cap that changes every year and is sometimes close to zero percent and other years more. If the tax cap becomes permanent at 2% or less with no provision for overriding it if needed than a healthier fund balance will be a must so we don’t start losing services to meet revenue. Along with that are state and county mandates that change our costs with little or no warning and state funding that can be eliminated or reduced at any time such as CHIPS funds.
I am very pleased with the progress we have made and see no reason to cut the fund balances to make a short sighted and short lived tax decrease which will in all likely hood end up costing us more in the end. We have worked very hard to get where we are at and I believe my resolution will help support our position and financial success
Councilman Hanson moved the following resolution which was duly moved by Councilman Lawton:
RESOLVED, the Town of Busti Town Board adopt the proposed Fund Balance Policy as presented.
Discussion followed.
– Councilman Mueller is fearful that the policy will lead to a huge tax increase for the public. He does not agree with the A Fund having a fund balance of $500,000 and the B Fund at $225,000. He referred to the percentages allowed by the state for school districts and counties (as he presented at the July 15th board meeting). He stated the proposed fund balances for DA and DB were reasonable as they would be used for emergency purchases.
– Councilman Hanson stated the proposed fund balances would lead to a gradual increase or decrease in the tax levy and is reviewable from year to year; if the town’s fund balances are too low and certain funding is cut (like CHIPS) without a reasonable fund balance the town would be forced to drastically increase the tax levy. Councilman Hanson does not believe percentages should be used with a smaller budget, the town should concentrate on possible costs and gradually use available fund balance to offset drastic increases. He is not in favor of borrowing money to cover the cost of running the town and sees the fund balance as “working capital”.
– Councilman Lawton stated when he was a councilman in 2003-2004 the fund balance was around $500,000 which was money paid by residents through taxes to create a “culture of security” and believes to lower that balance and tax them later is unfair to those who originally built the fund balance.
– Councilman Andrews stated he was fine with the proposed fund balance policy, especially the DB Highway Fund and noted that the board has talked about developing a 10-year plan that should help with the overall budgeting in the future.
Supervisor Robbins called for a roll call vote.
Yea Nay
Supervisor Robbins X
Councilman Mueller X He stated he believes it is important for the town to have a
written policy
Councilman Andrews X
Councilman Hanson X
Councilman Lawton X
Carried.
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. 10 from warrant #432 to and including warrant #488 in the amount of $166,530.04.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to accept the July 15, 2019 Regular Town Board meeting minutes; motion was duly moved by Councilman Andrews.
All in favor, carried.
Councilman Hanson reported the Loomis Park Concession Stand project is complete; the town is beginning to see decreases in its electric bills with the new Solar Systems; and the LED streetlights are being installed by National Grid. The proposed cost for the streetlight conversion was around $11,000 and is now just under $4,000. Also, the Town of Busti is due a refund for duplicate charges for four (4) streetlights. The six-year refund will be calculated with interest for the billing discrepancies upon completion of the LED project. The locations of the duplicated billed streetlights are 2 Forest Ave Ext, 7 Forest Ave Ext, 102 Hunt Rd, and 365B Chautauqua Blvd (aka -4th St)
Supervisor Robbins moved to adjourn the meeting at 8:41 p.m. which was duly moved by Councilman Lawton.
All in favor, carried.
Respectfully Submitted,
________________________________
Darlene H. Nygren, Town Clerk