REGULAR MEETING
September 16, 2019
A regular meeting of the Town Board of the Town of Busti was held on Monday, September 16, 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 Todd Hanson
Councilman Jim Andrews
Councilman Rudy Mueller
Absent: Councilman Kenneth Lawton
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 the family of Jim Ellis in their thoughts and prayers. Mr. Ellis was a longtime member of the Busti Fire Department and the community who passed away as a result of an automobile accident.
Present at the meeting were: LBPD Chief John Bentley, Highway Superintendent Melvin Peterson, Busti Fire Department Chief Matt Stafford, Randall Perry – Chautauqua Lake and Watershed Management Alliance, Paul and Jamie Gustafson, Ray Ayers, Jack Knowlton, Susan Lane, and Michael Nygren.
Jack Knowlton reported all but two of the new cemetery signs are installed; he asked the board where they would like the Bush and Wilcox cemetery signs placed, as both cemeteries are land locked. Discussion followed. Superintendent Peterson stated there are no grave markers in the Bush cemetery, most people wouldn’t even realize the cemetery was there, however, the sign could be placed in the right of way on Pine Ridge Road. Supervisor Robbins will contact the property owner on the corner of Baker Street and Garfield Road for the Wilcox cemetery sign.
Michael Nygren, Country Elegance Farms LLC, stated they have consulted with a contractor regarding a sprinkler system and are working with an architect who is ensuring the barn is in compliance with code regulations.
Town Clerk Darlene Nygren reported her office continues selling 2019-20 Hunting Licenses, individuals have through October 1st to apply for a Deer Management Permit. Beth Moss, Dog Control Officer, has reported 339 unlicensed dogs have been recorded since she began the Dog Census – 135 have been licensed. Supervisor Robbins stated DCO Moss has talked to him about hiring someone to assist with the census in Lakewood; he gave her a name of a person that is currently on disability, who will check with his physician if he would be cleared to work with the Dog Census.
Chief John Bentley reported 318 incidents since the last board meeting and 6,484 ytd.
Highway Superintendent Melvin Peterson reported the department is assisting the Town of Kiantone with blacktopping and will continue for two more days; there is about 1 ¾ miles in the Town of Busti that still needs blacktopped. The department has been repairing sidewalks and will be mowing roadsides as well as patching potholes. Councilman Hanson stated how nice the Busti Cemetery looks with the new sign and freshly painted fence. Superintendent Peterson informed the board that Park’s, Cemetery, and Maintenance employee – Randy Sargent, plans to retire around the first of the year; and he would like to start looking for a person to fill the position.
Busti Fire Department Chief, Matt Stafford, reported 26 – EMS; 6 – Fires; 3 – MVA; and 1 – service call since the August 16th board meeting and 278 incidents year to date. The department is saddened by the loss of one of their members, Jim Ellis and will participate in the “celebration of life” honoring him on Saturday, September 21st.
Jack Knowlton, Lakewood Fire Department President, reported 765 incidents year to date; the month of July had 112 incidents, the highest recorded incidents for one month.
Attorney Joel Seachrist received a draft of the Water and Sewer Agreement with the City of Jamestown and North Harmony. He forwarded the draft to Supervisor Robbins and Town Clerk Nygren, the negotiations are still in the early stages and no meeting has been scheduled.
Supervisor Robbins reported he has been negotiating with the City of Jamestown regarding renewing the Assessment Agreement. The city’s first proposal was a six-year agreement starting October 1, 2019 through September 30, 2025. The first year would be October 1, 2019 through September 30, 2020 would be for $77,275 with a proposed 3% increase for each of the five remaining years. Supervisor Robbins counter proposed a 3% increase from the current agreement, the first-year payment of $71,163 and 3% increase for the five remaining years. The second proposal received from the city included the first-year payment of $74,219 and a 3% increase for the five remaining years. Supervisor Robbins noted the current agreement expires on September 30th and would like to continue negotiations with the city.
Councilman Hanson moved the following resolution which was duly moved by Councilman Mueller:
RESOVED, Supervisor Robbins be authorized to sign the Assessing Agreement with the City of Jamestown with the first-year payment of $74,219 or less.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, Kevin Okerlund be appointed as Assessor for the Town of Busti with a six-year term beginning October 1, 2019 through September 30, 2025.
Upon roll call vote, all aye, carried.
Councilman Hanson moved the following resolution which was duly moved by Supervisor Robbins:
RESOLVED, the Town of Busti Town Board approve the 2020 Comprehensive Chautauqua Lake & Watershed Grant Application for Local Funding Consideration being submitted by Chautauqua Lake Partnership on behalf of the Town of Busti in the amount of $50,000.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Mueller:
RESOLVED, Supervisor Robbins be authorized to sign the Agreement with County of Chautauqua for Lakewood-Busti Precision Swale Stormwater Retrofits Water Quality Improvement Project (19-26-27).
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 Town Board approve the draft Request for Proposals – Engineering Services for the Lakewood-Busti Precision Swale Stormwater Retrofits Water Quality Improvement Project as prepared by Chautauqua Lake & Watershed Management Alliance, Inc. on behalf of the Town of Busti. The proposal submission deadline is Wednesday, October 16, 2019 at 3:30 P.M. ET.
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 Town Board approve and authorize Supervisor Robbins to sign the Addendum to the Lakewood-Busti Police Agreement approved by the Village of Lakewood Trustees on September 9, 2019.
Upon roll call vote, all aye, carried.
ADDENDUM TO LAKEWOOD-BUSTI POLICE AGREEMENT
THIS ADDENDUM is made and entered into this ______day of _______________, 2019, by and between:
VILLAGE OF LAKEWOOD, a municipal corporation as defined by General Municipal Law, Section 119-n(a) of the State of New York, party of the first part, and hereinafter referred to as LAKEWOOD, and the
TOWN OF BUSTI, a municipal corporation as defined by the aforesaid statutes, party of the second part, and hereinafter referred to as BUSTI.
WITNESSETH:
WHEREAS, Busti is empowered to operate and maintain a police department in accordance with the provisions of the Town law, Section 150, of the State of New York; and
WHEREAS, Lakewood is empowered to operate and maintain a police department pursuant to Section B-800 of the Village Law of the State of New York and presently operates and maintains such a department by assessment on property in Lakewood; and
WHEREAS, Lakewood and Busti entered into an agreement on a contractual basis on March 5, 2018 for the provision by Lakewood of police and law enforcement services to Busti pursuant to Section 119-o of the General Municipal Law of the State of New York, subject to approval of both the Town Board of Busti and the Village Board of Trustees of Lakewood; and
WHEREAS, the following provisions have been duly approved by a majority vote of the Town Board of Busti on the ____ day of __________, 2019 and by a majority vote of the Board of Trustees of Lakewood on the _____day of __________, 2019.
WHEREAS, Busti wishes to have a Lakewood-Busti police officer assigned to Busti Town Court on a part-time basis.
THE PARTIES HERETO AGREE AS FOLLOWS:
(1) TERM OF AGREEMENT: This agreement shall become effective on August 1, 2019 and remain in full force and effect until December 31, 2023.
(2) STATEMENT OF AGREEMENT: Lakewood agrees to provide a law enforcement officer to Busti on a part-time basis to act as a court officer in the Town of Busti Justice Court and Busti agrees to pay Lakewood a rate of $17.00 per hour for said police officer with a minimum charge of two hours per appearance. Lakewood agrees to invoice Busti for such services on a regular basis and at least as often as every 90 days.
(3) LEGAL BASIS: This Agreement is authorized pursuant to and by Article 5-G, Section 119-o, of the General Municipal Law of the State of New York.
(4) TERMINATION OF AGREEMENT:
(A) Delinquency: In the event that Busti does not make payment thirty (30) days after the date due, Lakewood may terminate this Agreement. Busti shall remain liable to Lakewood for services rendered to the time of termination.
(B) Termination by Notification: The term of this agreement is from August 1, 2019 through December 31, 2023. Either party may cancel this Agreement prior to November 15, 2022 on 90 days’ written notice. This Agreement may not be canceled on or after November 15, 2022, except in a writing signed by both parties.
(5) AUTHORIZATION: This Agreement is made and executed pursuant to a resolution of the Town Board of the Town of Busti adopted on _________________, and pursuant to a resolution adopted by the Village Board of Trustees of the Village of Lakewood on ________________________.
(6) EXECUTION: The parties hereto have executed this Agreement the date and year first above written.
ATTEST: _________________________ By: __________________________
Village of Lakewood Clerk Edward McCague, Deputy Mayor
ATTEST: _________________________ By: __________________________
Town of Busti Clerk Jesse Robbins, Supervisor
Supervisor Robbins noted he received correspondence from Solar Liberty regarding NYS RPTL 487 and the Development of Community Solar Project in Busti, New York. Attorney Seachrist stated RPTL 487 provides a tax exemption for certain solar projects that local municipalities may opt out of. An exemption would cover all Community Solar Projects and would only be on the equipment. The project, whether tax exempt or not, would be required to go through the permit process including a site plan review. Attorney Seachrist noted the town’s current Solar Law does not address Battery Operation Systems and suggested adding that to the current law. NYSERDA has a model law that he can modify for the town. The matter was tabled until the October 7, 2019 Town Board meeting.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, Joe Troche be reappointed to the Board of Assessment Review for the following term: October 1, 2019 – September 30, 2024.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted the following property owned by the Town of Busti was surveyed by Steven A. Carlson, LLC Licensed Land Surveyor and appraised by Tom Turner, Century 21 Turner Brokers: located at Hunt Road and Gleason Road: Part of SBL 384.00-3-5: 7.62 acres
Part of SBL 384.00-3-39: 2.63 acres
10.25 acres
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, that the Town Board of the Town of Busti will review sealed bids, which must be received by the Town Clerk on October 18, 2019 at 2:30 p.m. at 125 Chautauqua Avenue, Lakewood, New York, to sell all right, title and interest of the Town in and to the following lots of real property located at Hunt Road and Gleason Road:
Part of SBL 384.00-3-5: 7.62 acres
Part of SBL 384.00-3-39: 2.63 acres
10.25 acres
A survey map of the lots to be sold may be viewed in the Town Clerk’s Office during normal business hours.
Bids are to be submitted in an envelope plainly marked “Hunt Road / Gleason Road Land” Each bid shall include statement from the bidder of his plans for the property.
There is no upset price, but the Town reserves the right to reject the highest bid and all other bids and to waive any informality in any bid. Furthermore, while weighing the bids, the Town Board will give consideration to the community impact of each bid, including its likelihood to reduce community blight, its potential for improvement of the tax base, neighborhood beautification, and other similar factors deemed relevant by the Town Board, and the otherwise high bid may be rejected on those grounds.
The lots will be sold in “as is where is” condition, and a recent survey map but no title search will be provided. It is the responsibility of any prospective bidder to investigate and ascertain the condition of the lots being sold prior to the date of bidding as the Town is making no representations or warranties, expressed or implied, with respect to the suitability or fitness of the lots for the purpose for which they may be used by the purchaser.
The bids will be opened at a regular meeting of the Town Board of the Town at 6:45 p.m. on October 21, 2019, at 125 Chautauqua Avenue, Lakewood, New York.
Notice will be sent to all property owners located within 500’ or less of the said properties borders.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted he is working on the 2020 Budget.
Councilman Hanson reported the town is waiting for confirmation from National Grid that the LED Streetlight Conversion Project is complete.
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. 12 from warrant #512 to and including warrant #576 in the amount of $367,550.25.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to accept the August 19, 2019 Regular Town Board meeting minutes; motion was duly moved by Councilman Andrews.
All in favor, carried.
Supervisor Robbins moved to adjourn the meeting at 7:21 p.m. which was duly moved by Councilman Andrews.
All in favor, carried.
Respectfully Submitted,
________________________________
Darlene H. Nygren, Town Clerk