REGULAR MEETING
October 7, 2019
A regular meeting of the Town Board of the Town of Busti was held on Monday, October 7, 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
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: LBPD Chief John Bentley, Highway Superintendent Melvin Peterson, Attorney Joel Seachrist, Code Enforcement Officer Jeff Swanson, Busti Fire Department Chief Matt Stafford, Paul and Jamie Gustafson, Jeremy Hasson, Greg Johnson, Wyatt Johnson, Bob & Judy Schultz, Jim Mahoney, Jack Knowlton, Village of Lakewood Deputy Mayor Ted McCague, and Carly Gould – Post Journal Reporter.
Jim Mahoney, Lawson Road property owner, stated there have been numerous thefts on his property over the past few years. He requested an increase of police presence out in that area. Chief Bentley stated the police department patrols the area; he will make officers aware of the incidents and to be mindful as they continue to patrol the area.
Judy Schultz thanked all those who helped with the pouring of cider at the Busti Apple Festival and the Lakewood Busti Police Department for their assistance and presence through out the day.
Town Clerk Darlene Nygren reported NYS DEC Deer Management Permits sales ended October 1st. Dog Control Officer, Beth Moss, is continuing with the dog enumeration – 193 new dogs have been licensed to date, there are many more recorded unlicensed dogs that still need to be licensed.
Chief John Bentley reported 7,043 incidents ytd and 568 since his last report. The department assisted with the investigation of the recent shooting in Silver Creek/Cherry Creek area. Chief Bentley noted effective January 1, 2020 a new Criminal Justice Reform will be in effect. The new reform will have a significant impact on the current procedures and prosecution of criminal cases.
Highway Superintendent Melvin Peterson reported the department paved Cowing Road between Big Tree Road and Wellman Road, as well as Anderson Road. The department has had three roadside mowers working on the town roadsides. They will be repairing a retaining wall at the town transfer station and installing a guard rail at the transfer station. Superintendent Peterson stated he intends to begin interviewing candidates for the Parks Department employee; Randy Sargent, current Parks Dept employee, intends to retire by the end of the year. Superintendent Peterson referred to a letter of complaint regarding a “ditch job” for property located on Park Meadow Drive. He had contacted Southern Tier Municipal to verify the pipe had been purchased, they did not have record of the purchase which delayed the job; a later inquiry about the purchase revealed the pipe had been purchased and Southern Tier Municipal had made an bookkeeping error. The job was completed Tuesday, October 1st and the complainant was satisfied with the work.
Code Enforcement Officer Jeff Swanson reported the Building Permit Application has been updated; it now includes a listing of documents that are required at the time the application is submitted and a list of all mandatory inspections with an applicant acknowledgement signature line.
Busti Fire Department Chief, Matt Stafford, reported 18 – EMS; 2 – Fires; 4 – MVA; and 1 – service call since the last town board meeting and 303 incidents year to date. Chief Stafford reported the memorial honoring Jim Ellis went well and the support from the community was overwhelming. The department worked with the Busti Historical Society of the Apple Festival.
Jack Knowlton, Lakewood Fire Department President, reported 825 incidents year to date.
Attorney Seachrist noted there is no update on the Water and Sewer Agreement with the City of Jamestown.
Supervisor Robbins noted there was no update on the Town of Busti Bi-Centennial committee.
Supervisor Robbins referred to the letter received from Solar Liberty requesting real estate tax exemption for Community Solar Projects within the Town of Busti, the matter had been tabled at the September 16th meeting. Attorney Joel Seachrist stated there was no need for the town to respond to the letter. However, the board should consider adopting a local law that would address battery operated solar systems. Attorney Seachrist also noted Community Solar Projects would be required to go through the application process with a special use permit and go before the Planning Board, according to the new Solar System Local Law.
Supervisor Robbins reported he finalized the City of Jamestown the renewal of the Assessment Agreement, settling with a $73,219 salary for the first year and a 3% increase for the remaining 5 years.
Supervisor Robbins stated the tentative budget is within the New York State’s Tax Levy Limit of 2% and the town has “Available Carryover” funds, therefore he is recommending the board not pass a local law for a tax cap override.
Supervisor Robbins reported he submitted the tentative budget to Town Clerk Nygren on September 30th and she distributed copies to the Town Board prior to October 5th.
Councilman Hanson noted Supervisor Robbins and Department Heads did a good job in preparing the budget and keeping it within the 2% tax cap. He stated he did some research and found the Town of Busti’s tax rate is the 10th lowest in the county and just pennies from being 7th, noting that over the last 8 years the town has averaged a 1.6% tax rate annual increase for the town tax. Councilman Lawton noted the town’s Fund Balance Policy was used in preparing the proposed budget without an increase in taxes. Councilman Mueller noted the figures Councilman Hanson referred to was the tax rate not the tax levy which was raised more than the 1.6% annually; discussion followed. Councilman Hanson’s believes it is the tax rate that the taxpayers are concerned about as that is what determines the amount of taxes owed. Councilman Mueller inquired about the decrease with the contingency fund A1990.400 by $10,000; the sales tax revenue was kept the same however, the town has not received the final payment for this year and does not know if the budgeted amount is over or under what will be received. He would like to see an increase given to the Fire Departments to compensate for the new mandated insurance requirements. Supervisor Robbins asked the Fire Department representatives if they were happy with the current agreement that expires at the end of 2020; both departments stated they are happy with the current agreement. Councilman Mueller stated the town could use more fund balance to bring the tax levy to a 0% increase and use the proposed increase to help the Fire Departments; however, he is generally happy with the tentative budget.
Supervisor Robbins stated the proposed tax rate for the Village of Lakewood is $1.08 per $1,000 and $3.32 per $1,000 for property outside of the village.
Councilman Hanson noted the Office of State Comptroller recommends municipalities underestimate revenues and overestimate expenses. He, also, noted the town board already passed a resolution for a fund balance policy and the tentative budget followed the policy.
Busti Fire Department Chief Stafford stated the department has had no conversation regarding the current agreement with the town and didn’t understand where Councilman Mueller’s suggestion was coming from.
Supervisor Robbins stated that the current fund balance allowed the town to participate in grant opportunities like the NYSERDA grant and the Swales grant paying the upfront costs without having to borrow funds.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson.
RESOLVED, the Town of Busti Town Board set a public hearing on the 21st day of October, 2019, at 7:00 p.m. regarding the Preliminary 2019 Budget.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted Chautauqua Lake and Watershed Alliance membership is expiring, the Alliance has submitted a 2019-2020 Membership Renewal Request, the Tier 2 Membership Dues are $2,000. Councilman Andrews stated the Town of Busti was one of the largest recipients of grants through the Alliance, the swales grant is in excess of $200,000.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti renew the Chautauqua Lake and Watershed Alliance membership for 2019-2020 with the Tier 2 membership dues in the amount of $2,000.
Upon roll call vote, all aye, carried.
Town Clerk Nygren noted Governor Cuomo signed legislation waiving the state fee for marriage licenses for active duty members of the U.S. armed forces or their spouses. The bill gives local governments freedom to waive the fees charged for marriage licenses for active duty service members or spouses.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Mueller:
RESOLUTION WAIVING THE FEES ON MARRIAGE LICENSES FOR ACTIVE DUTY MEMBERS OF THE ARMED FORCES
WHEREAS, on August 20, 2019, New York Governor Andrew Cuomo signed legislation waiving the State fee on marriage licenses for active duty members of the Armed Forces {S.3756/A.55} [“legislation’]; and
WHEREAS, the legislation also gives local governments freedom to waive the fees they charge for marriage license; and
WHEREAS, the Town of Busti wishes to waive the fees charged on marriage licenses to active duty members of the Armed Forces;
NOW, THEREFORE BE IT RESOLVED that the Town of ¬¬¬¬¬¬¬¬Busti hereby formally waives the fees to be charged on marriage licenses for active duty members of the Armed Forces in accordance with New York State Law.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted a resolution authorizing the attorney for the town to take certain code violations to the Supreme Court of Chautauqua County was passed in September, however, the minutes didn’t record the actual roll call vote and therefore did not validate the resolution. Attorney Seachrist recommended the town board pass another resolution recording the roll call vote.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson;
RESOLVED, that the Town Board of the Town of Busti hereby authorizes the attorney for the Town to take such action against Lee Fischer and Sharon Fischer as may be deemed advisable to prevent any continuation of their violations of the zoning code and building code at their several properties in the Cottage Park area, including an action in the Supreme Court of Chautauqua County.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to authorize Clerk Nygren to submit an Attachment Agreement with National Grid to install Holiday Decorations on their poles, duly moved by Councilman Hanson.
All aye, 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. 13 from warrant #577 to and including warrant #623 in the amount of $98,175.94.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to accept the September 16, 2019 Regular Town Board meeting minutes; motion was duly moved by Councilman Hanson.
All in favor, carried.
Supervisor Robbins moved to adjourn the meeting at 7:46 p.m. which was duly moved by Councilman Lawton.
All in favor, carried.
Respectfully Submitted,
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Darlene H. Nygren, Town Clerk