REGULAR MEETING (Draft)
April 5, 2021
A regular meeting of the Town Board of the Town of Busti was held on Monday, April 5, 2021 at 6:45 p.m., at the Town of Busti, Town Administration Building, 125 Chautauqua Avenue, Lakewood, New York and via HD meeting video or tele conference, with the following members present:
Supervisor Jesse M. Robbins
Councilman Jim Andrews
Councilman Doug Brown
Councilman Paul Gustafson
Absent: Councilman Todd Hanson
Supervisor Robbins called the meeting to order with the salute to the flag and a moment of silence was observed.
Due to the COVID-19 pandemic, members of the public were not permitted to attend in person.
Present at the meeting in person: Code Enforcement Officer Jeff Swanson and Busti Cemetery Sexton Jack Knowlton; via HD Meeting video or tele conference: Attorney Joel Seachrist, Kevin Myers, Deputy Highway Superintendent Greg Johnson, ECOsponsible Manager – Dennis Ryan, David Carlson, Nexus Renewables President – Keith Sandor, and Nexus Renewables Analyst – Rishabh Mundhra.
Supervisor Robbins announced Assessor Clerk Cathleen Andrews has retired after over 25 years of service. He thanked her for her work and dedication to the town over the years.
Town Clerk Darlene Nygren reported April 1st was the last day for 2021 County Town Tax collection, her office collected $6,544,655 with $646,528 remaining uncollected. She will continue to receive payments via USPS with a postmark April 1, 2021 through the next week. Clerk Nygren reported the new phone system will be installed in the office and highway garage in the next couple weeks. The new computers for the Clerk’s office will be installed Wednesday, April 7th; the computers will allow the Clerk and Deputy Clerk to work remotely if the need arises. Clerk Nygren reminded the board that the Transfer Station Annual Sticker fee needs to be set at the next meeting, May 3, 2021.
Lakewood Busti Police Chief Chris DePonceau submitted his report to Councilman Gustafson – reporting 856 incidents between March 1, 2021 and April 5, 2021. Chief DePonceau also submitted the LBPD 2020 Annual Report.
Highway Superintendent Melvin Peterson reported the department has been installing drainage pipe in Bentley Cemetery. Superintendent Peterson is working with Randall Perry, Chautauqua Lake and Watershed Management Alliance, to determine what “in-kind” services with the Highway Department can be used towards the Busti Lakewood Swales Project. Superintendent Peterson reported the bucket truck is needing a new motor, the truck is shared with the Village of Lakewood and the Town of Kiantone. The department has ordered stone to be prepared for the upcoming season of stoning-oil the roads. The blacktop plant opens April 16th. There are some drainage issues at Vukote and Lakeside Drive that the department will be addressing.
Code Enforcement Officer Jeff Swanson reported he’s been busy with building construction even with the increase in the cost of construction materials. He completed the ISO audit for the Village of Lakewood and Town of Busti. The audit has an impact on residents’ homeowner’s insurance cost and is completed typically every five years. He has been working on the New York State annual report. He has received three new home permit applications that he is reviewing.
Jack Knowlton reported the Lakewood Fire Department has had 221 incidents year to date: January – 83; February – 53; March – 74; and the first week of April – 11. A recent house fire on Keller Road damaged nine residences in the area including a total loss of the home where the fire first started. The department’s new boat will be put in the water on April 18th. Councilman Gustafson noted that he has heard many reports of how well the department handled the fire on Keller Road, that it was handled very professionally, and the departments worked together very well. Supervisor Robbins stated the owner of the home had contacted him stating the same.
Highway Superintendent Peterson noted that National Grid had sent a notice in February stating that the garage was at risk of being placed on a demand rate due to the increase in usage. The solar panels barely produced any voltage in January and none in February. He had received an advertisement regarding National Grid sponsoring converting to LED lights; the normal price is $175 per LED light and National Grid would contribute $110 per light. The department put in 20 LED lights which should help reduce the electricity usage.
Supervisor Robbins reported the board received one bid for the position of Cemetery Sexton for the town cemeteries. The bid was submitted by Jack Knowlton and included the following rates for a 1, 3, or 5 year contract:
Busti Cemetery – $375 per mowing
$175 per trimming
Bentley Cemetery – $200 per mowing
$100 per trimming
Wellman Cemetery – $110 per mowing
$45 per trimming
Grave openings and closings:
Regular Grave – $300
Infant Grave – $175
Cremation – $100
All other work will be a hourly rate of $15 per hour plus cost of material.
Foundation work is off a chart based on size of headstone which are all different, so the costs vary.
He carries a $1,000,000/$2,000,000 liability policy which on file in the Town Clerk’s office.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, the Town of Busti accept the bid from Jack Knowlton for the position of Cemetery Sexton as presented for a five-year contract.
Upon roll call vote, all aye, carried.
Supervisor Robbins tabled the discussion on Local Law 6 of 2020 until the May 3rd Town Board meeting.
Supervisor Robbins stated Councilman Hanson and Highway Superintendent Peterson have reviewed and updated the Town of Busti Highway 10-year plan. Councilman Gustafson noted the plan has been adjusted and the numbers are close to being back to the original plan which includes the purchase of the 2022 Kenworth. Superintendent Peterson stated the intention is to sell the old truck outright and anticipates selling it for approximately $28,000 to $35,0000. He also noted the 2006 tractor is on schedule to be replaced and he will be contacting dealers to find the best deal.
Councilman Gustafson moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, to authorize Highway Superintendent Peterson to move forward with the purchase of the 2022 Kenworth T470 cab and chassis with Henderson plow equipment as per included specs from Kenworth Northeast Group Inc.:
2021 T470 Base MSRP $122,638.00
Less 30% base discount ($36,791.00)
Base Chassis Price after discount: $85,846.00
Options @ MSRP $75,344.00
Less 20% option discount ($18,836.00)
Option Price after discount: $56,508.00
Freight 2,625.00
Cab and Chassis sub total $144,979.00
Kenworth Discount ($27,476.00)
Total price for cab & chassis $117,503.00
Pricing includes: Service Manual
4-year Rust Kote protection plan
Seat Covers and floor mats
Body Company: Henderson Products
(as per included quote) $84,461.00
Total Price: $201,964.00
Upon roll call vote, all aye, carried.
Councilman Brown shared he contacted a FEMA representative regarding the available Federal Funding for COVID-19 through FEMA Public Assistance Program. The representative explained the first step for potential applicants is to submit a Request for Public Assistance (RPA) in their Grants Portal. After approval, the applicant can then submit reimbursement requests related to COVID-19 Emergency Protective Measures. Councilman Brown and Town Clerk Nygren reviewed the application and have it ready for submittal with the board’s approval.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, the Town of Busti submit the FEMA Request for Public Assistance through the designated Grants Portal and upon approval submit reimbursement requests for COVID-19 Emergency Protective Measures.
Upon roll call vote, all aye, carried.
Town Clerk Nygren reported, as a follow-up from last month’s Town Board meeting, she contacted Lakewood Fire Department Chief Hallberg regarding the proposed donation of AED equipment. Mr. Hallberg stated the LFD will have 2 AED units to donate and suggested the town purchase the third unit through CardiacLife G5 AED equipment per their most recent quote. In addition to the AED unit the town board discussed purchasing three Rescue -CPR/AED packs with masks and three Activar Universal Cabinets with signs.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, the Town of Busti respectfully accept the donation of two AED units from Lakewood Fire Department and purchase one G5 Fully Automatic iCPR AED with sleeve along with three Rescue-CPR/AED packs with masks and three Activar Universal Cabinets with signs, as quoted from CardiacLife for a total purchase price of $2,082.85.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted Attorney Seachrist is working on the escrow agreement with Solar Liberty for the Large-Scale Solar project located on S. Main Street.
Supervisor Robbins reported he, Councilman Gustafson, Highway Superintendent Peterson, and Clerk Nygren have met to discuss establishing the “Town of Busti NYS Public Employer Public Health Emergency Plan” as required by New York State. The proposed plan was presented to the town board and Attorney Seachrist for their review. Once approved the plan will be added to the Employee Handbook, a hard copy will be placed at the time clocks in the Administration Building and the Highway Garage, and will be posted on the town’s website. The plan will be revisited on an annual basis.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson;
RESOLVED, the Town of Busti Town Board approve the Town of Busti NYS Public Employer Public Health Emergency Plan as presented.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted the 2020 Annual Financial Report has been filed in the State Comptroller’s Office.
Supervisor Robbins noted the following budget transfers are required to close the 2020 financial records: Final 2020 Budget Transfer
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, to execute interfund transfers from the General Fund (A) to the Bentley Cemetery (CM1) in the amount of $14,648.66; from the General Fund (A) to the Busti Cemetery (CM2) in the amount of $6,955.10; and from General Fund (A) to the Wellman Cemetery (CM3) in the amount of $3,208.70. These amounts have been included in the General Fund budget. The remainder is included 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.
Kevin Myers, representing Chautauqua Chemicals, stated when the company requested to have another streetlight installed on Cramar Drive they were hoping it would be placed in front of their building for security and emergency purposes. The streetlight was installed at the dead-end of the road. Cummins traffic is often directed, by their GPS systems, to access Cummins off Cramar Road which is not possible due to the dead end; the tractor trailers use Chautauqua Chemicals property to turn around and have caused damage to the property. Mr. Myers asked the board to consider installing another streetlight to help keep the traffic on the paved area of their property; trucks are backing up in the grass area and causing damage. Highway Superintendent Peterson noted he had installed a “no outlet” and a “dead-end” sign at the corner of Gleason and Cramar Roads. There was discussion about also installing a directional sign to Cummins Engine Plant. Mr. Myers stated they would watch to see if the signage helps the traffic on Cramar Road.
Supervisor Robbins noted 2021 should have had 27 pays however the first pay day fell on the January 1st holiday and was paid on December 31, 2020 causing all salaried employees and elected officials to receive an extra pay in 2020; the extra pay should be paid back to the town over the remaining 24 weeks in 2021. All affected employees and officials have been notified of the situation and been advised of the amount that will be deducted from their bi-weekly pay.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, per Town of Busti payroll records, the bookkeeper be authorized to deduct the appropriate amount from each salaried employee and elected official as repayment to the town for the overpayment in 2020.
Upon roll call vote, all aye, carried.
Supervisor Robbins stated Assessor Clerk Cathleen Andrews is retiring effective today. Ms. Andrews is a salaried employee and the amount owed to the town for the overpayment in 2020 will need to be deducted in full from her final pay.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, due to the retirement of Cathleen Andrews, the Town of Busti bookkeeper be authorized to deduct the remaining 2020 payroll over payment amount owed to the town from her final pay.
Upon roll call vote, all aye, carried.
Supervisor Robbins stated Cindy Brown, Town of Ellicott Assessor Clerk, has agreed to help with the Assessor Clerk responsibilities until the town hires a permanent replacement for the position.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, the Town of Busti appoint Cindy Brown as temporary Assessor Clerk at a rate of $14.26 per hour and to work no more than 18 hours per week.
Upon roll call vote, all aye, carried.
Supervisor Robbins reported Laurie Sorg, Town Appraiser, has announced her retirement from the City of Jamestown effective December 31, 2021. Ms. Sorg is willing to continue to work for the Town of Busti and the associated towns (per the annual Assessor Agreements) until the summer of 2022. Supervisor Robbins is recommending the town combine the Appraiser/Assessor Clerk position and ask Ms. Sorg to help train the new hire, with the anticipation that she will work for the town through mid-2022.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, the Town of Busti advertise for a full-time combined position of Appraiser/Assessor Clerk who will work with the Towns of Busti, Harmony, Kiantone, and Carroll. The salary will be determined based on the person’s experience.
Upon roll call vote, all aye, carried.
Nexus Renewables submitted a letter to the Town of Busti Town Board requesting they consider rezoning a parcel of land on Hunt Road to permit the installation of Large-Scale Solar Arrays. Supervisor Robbins noted the site for the proposed solar project is located in the (MR) Multi-Residential Zoning District where Large-Scale Solar Arrays are not permitted. Discussion followed. The board agreed to not include Large-Scale Solar Arrays as an allowed use in the (MR) Multi-Residential District.
The board tabled the nomination for the open Chautauqua Lake and Watershed Management Alliance Board of Directors seats until the May 3rd Town Board meeting.
Supervisor Robbins reported ECOsponsible submitted an application for a special use permit to install a Large-Scale Solar Array system off of Baker Street in the Industrial Zoning District. Copies of the application had previously been distributed to the Town Board for their review.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, after the review of the Special Use Permit application from ECOsponsible to install Large-Scale Solar Arrays at 4542 Baker Street Extension, the Town of Busti Town Board refer the said application to the Town Planning Board for site plan review, report and recommendation of approval or disapproval.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General Fund and the Highway Fund, Abstract No. 4 from warrant #110 to and including warrant #172 in the amount of $92,598.15.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to accept the March 1, 2021 Regular Meeting; motion was duly moved by Councilman Andrews.
All in favor, carried.
Councilman Andrews reported he, Councilman Gustafson, and Highway Superintendent Peterson met with Randall Perry, Chautauqua Lake and Watershed Management Alliance for an update of the Swales Project. The work on the project will begin again soon. The discussion included suggestions of how the town highway department can meet the projected in-kind services.
Councilmen Brown and Gustafson attended the Association of Towns webinar “The Marihuana Regulation and Taxation Act”. According to the webinar the act allows local municipalities to opt out of Adult Use Cannabis Retail Dispensaries and On-Site Consumption Sites, which must be approved by the governing board through a Local Law.
Supervisor Robbins motioned to adjourn the meeting at 8:05 p.m.
All in favor, carried.
Respectfully Submitted, ________________________________
Darlene H. Nygren, Town Clerk