2022 Organizational Minutes

ORGANIZATION MEETING

January 3, 2022

The Organization Meeting of the Town of Busti was held on the 3^rd day of January, 2022 at 6:45 p.m., at the Town of Busti Administration Building, 125 Chautauqua Avenue, Lakewood, New York, with the following members present:

Supervisor Jesse M. Robbins

Councilman Todd M. Hanson

Councilman James Andrews

Councilman Paul A. Gustafson

Councilman Douglas Brown

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 Greg Johnson, Lakewood Busti Police Chief Chris DePonceau, Code Enforcement Officer Jeff Swanson, Busti Fire Department Chief Matt Stafford, Attorney Joel Seachrist, Linda Anderson, John Francisco, Jason C. Green, Greg Edwards, Molly Anderson, Jan Jones, Cliff Jones, and Dennis Ryan – ECOsponsible LLC

Town Clerk Darlene H. Nygren administered the oath of office to Councilmen Doug Brown and Todd Hanson, and Highway Superintendent Greg Johnson.

Town Clerk Darlene Nygren reported her department mailed out the 2022 County Town taxes today. Clerk Nygren thanked the other departments that assisted in stuffing the envelopes. The 2022 County Town Tax Collection Warrant is in the amount of $7,221,184.96, the first day of collection is January 6^th and the last day to pay without penalty is February 4^th. The M&T lockbox is also ready to receive payments. Clerk Nygren read a letter from the Association of Towns regarding the 2022 Training School and Annual Meeting of the Association to be held at the New York Marriott Marquis, February 20-23, 2022. The Town of Busti must execute a Certificate of Designation of any Voting Delegate for the Town. At this time, no town official plans to attend the event.

Lakewood Busti Police Chief Chris DePonceau reported 625 incidents from December 6, 2022 to January 3, 2022. He reviewed some of the types of incidents; 192 business checks, 22 car accidents, 45 property checks, 24 shop lifting complaints, 44 vehicle stops, and 38 warrants (either added or served) .

Highway Superintendent Greg Johnson reported with the milder weather his department has been able to install more ditch/driveway pipes and get caught up on them; the brush dump has been closed for the winter and the tub grinder brought back to the shop; they are trying to build a grizzling for millings; and using the mild weather to get caught up on things at the shop.

Code Enforcement Officer Jeff Swanson stated he had no report.

Busti Fire Department Chief Matt Stafford shared the departments 2021 Incident report which included 316 EMS calls for the year and a total of 448 incidents. Chief Stafford noted that mutual aid calls equal 44% of all the calls in 2021with a total of 199. The department has applied for a FEMA grant to assist with the purchase of a new ambulance which will cost approximately $250,000, the old ambulance is a 2001.

Attorney Joel Seachrist reported he has been busy with the large-scale solar applications and will be finishing up the Assessor Agreements for 2022.

Supervisor Robbins reported the Town Board received two recommendations from the Planning Board: one for Solar Liberty’s Special Use Permit application for a Large-Scale Solar Project located at 1255 S. Main Street – the board will not address that recommendation tonight and one recommendation for ECOsponsible LLC’s application for a Special Use Permit for a Large-Scale Solar Project located at 4542 Baker Street Extension. There is a public hearing scheduled for 7 p.m. tonight for that application.

Clerk Nygren reported she reached out to the Chautauqua County Municipal Clerk’s Association members regarding their municipality’s COVID policy, five clerks responded and none of their municipalities had a current COVID policy addressing if an employee shows signs of possible COVID. She spoke with Chautauqua County’s Human Resource office and was told that they have some type of policy but they couldn’t find it and would email when it is located. Every response noted that the state policies are ever changing and hard to keep up with which makes it difficult to adhere to a permanent policy. There are notices at the time clocks that state if an employee has COVID-like symptoms they should go home and not work.

Supervisor Robbins noted it was 7:00 p.m. and moved to open the Public Hearing, regarding the ECOsponsible, LLC application for a Special Use Permit for a Large-Scale Solar System located at 4542 Baker Street Extension. Motion was duly moved by Councilman Andrews.

All in favor, carried.

Proof of publication was placed on file.

Colby Allen requested more specific information for the proposed project. Supervisor Robbins noted the proposed project would be located in the Industrial Zone, located between Cummins Engine and Southern Tier Brewery, it will be a 10-megawatt system that shouldn’t be seen from Baker Street with it being located down the bottom of the trees which some trees will be removed for the project. The Planning Board has submitted their recommendation for the project to the Town Board. The project will require clearing 37 – 40 acres of the 107 acres, the remaining acreage will not be disturbed. The location of the proposed system is far off Baker Street so it won’t be seen from the road, and they will not be cutting down any trees along the road. There will be a 7-foot fence surrounding the system and the panels will be less than 10 feet tall. The developer shared a map to show where the system will be located. Cliff Jones shared his concern that the system will lower the value of his property which is located directly across the road from the Baker Street access road to the system. Others shared with the same concern. Jan Jones shared that she deals with headaches and what she has read is that these systems can cause headaches and asked if these effects and other health issues have been addressed along with solar waste. Dennis Ryan from ECOsponsible stated that the panels have non-reflective glass as required by NYS and the waste is sustainably managed. The glare issue was addressed with the Planning Board, there will be no noticeable noise, the LED lights will be focused downward with motion sensors. No lights should be seen at night due to the fact that they are on motion sensors and are there for security only. Councilman Hanson spoke about the EMF and the fact that the panels would have no more effect than the solar panels that are already installed on Cummins Engine’s roof. Mr. Ryan noted the system will be located approximately 100-125 feet on the north side of Baker Street. He stated there will some traffic during the 14 weeks of installation during the dry time of the summer from 9 a.m. to 5 p.m.; there should be no traffic after hours unless there is a maintenance issue. After construction, there should be virtually no traffic except for periodic maintenance. There will be two access streets: including the existing entrance off Baker Street and another off Stoneman. The entrances will be gated and locked. Councilman Hanson noted the location is zoned Industrial and realistically another factory could be constructed there. The board felt that this system would be a lesser disturbance than having another industrial facility built there and the remaining acreage of woods would remain undisturbed and maintained for the life of the project. ECOsponsible will purchase the property. Councilman Hanson stated according to the Special Use Permit there are seven items that must be met prior to a building permit being issued. There was further discussion regarding who will monitor the restrictions, noise, and the effect on wildlife. The neighboring property owners should report any concerns they have, regarding a possible violation, to the Code Enforcement Officer. The Planning Board has met several times to review the site plan which were advertised in the local newspaper. Councilman Hanson noted that a public hearing for the project was required because the law requires a Special Use Permit be issued for such project which allows the town to regulate the project, if an industrial facility was to be constructed there would be no requirement for a public hearing because it is an allowed use that is already zoned for it. The Planning Board has done their due diligence along with a company the town has hired called Wendel Engineering, who has reviewed solar projects across the Northeast to look at the town’s solar law, the plan, and the environmental impact. The plan was submitted to the county’s planning department who gave their approval as well. If the project was 25 megawatts or larger the town would not have any say in it as New York State takes that authority away from the local municipality. Supervisor Robbins stated the Town Board does not take these applications lightly and has established a law that they hoped would protect the neighboring properties.

Supervisor Robbins moved to close the public hearing at 7:25 p.m., which was duly moved by Councilman Hanson.

All in favor, carried.

RESOLUTION

Moved by Supervisor Robbins, seconded by Councilman Hanson:

WHEREAS, the Town of Busti received a special use permit and site plan application from ECOsponsible, LLC to construct and operate a 10 MW Solar Energy system at 4542 Baker Street on a 107 acre site; and

WHEREAS, the Town of Busti Planning Board reviewed the application and project at several meetings and held the required public hearing and received comments from the public and received input from the Town Consultant; and

WHEREAS, the Town Board has also reviewed the applicant and received comments from the public at a public hearing held January 3, 2022; and

WHEREAS, the Town Board in accordance with the New York State Environmental Quality Review Act (SEQRA) has conducted a coordinated SEQR process, reviewed Part 1 of the FEAF, and completed parts 2 and 3 of the FEAF, and has done a thorough review of the project and its potential impacts; and

WHEREAS, the Town Board, in accordance with SEQRA has determined that the proposed issuance of a special use permit and the construction and operation of a 10 MW solar energy systems at this location will not adversely affect the natural resources of the State and/or the health, safety, and welfare of the public and is consistent with social and economic considerations.

NOW, THEREFORE, BE IT RESOLVED, that the Town of Busti Town Board hereby determines that the proposed issuance of a special use permit and the construction and operation of a 10 MW solar energy projects at this location is not anticipated to result in any significant adverse environmental impact and that a Negative Declaration is hereby issued and that the Town Supervisor is authorized to sign the EAF, which will act as the Negative Declaration.

Upon roll call vote, all aye, carried.

Supervisor Robbins motioned the following resolution, which was duly moved by Councilman Hanson:

RESOLVED, the Town of Busti grant the following Special Use Permit upon the Planning Board’s recommendation and that the listed required items be met prior to a building permit being issued.

Mr. Ryan inquired if there was an expiration time for the Special Use Permit. Attorney Seachrist noted that a building permit expires if the construction does not start within 12 months. Mr. Ryan stated he was concerned that with current supply chain and asked if that expiration could be extended. Attorney Seachrist stated the expiration could be extended to 24 months if the board agreed to that time frame.

TOWN OF BUSTI

SPECIAL USE PERMIT #2022-1

Action of the Board:

To consider the application of ECOsponsible, LLC to construct and operate a 10.0 MW large-scale solar

energy system on a 107-acre site located at 4542 Baker Street, which is designated on the Chautauqua County tax map as Section 401.00, Block 2, Lot 11.1 and 13.

        Resolution moved by: Supervisor Robbins

        Seconded by: Councilman Hanson

WHEREAS, ECOsponsible, LLC (Busti), LLC (hereinafter, the “Applicant”) has requested the issuance of a Special Use Permit authorizing it to construct and operate a 10.0 MW large-scale solar energy system – i.e. a solar farm – on a parcel off Baker Street, which is designated on the Chautauqua County tax map as Section 401.00, Block 2, Lot 11.1 and 13, and

WHEREAS, the proposed site plan was the subject of a public hearing held by the Town Planning Board opened on October 21, 2021, after publication of legal notice, at which time all persons having an interest in the application were heard, and on November 9, 2021, the Planning Board adopted a resolution and report recommending that the Town Board approve the application subject to certain terms and conditions, and

WHEREAS, the Chautauqua County Planning Department by letter dated January 3, 2022, in response to a zoning referral submitted pursuant to Section 239-m of the General Municipal Law, advised that the proposed action was of local option, and

WHEREAS, the issue of compliance with the State Environmental Quality Review Act has been addressed, and a Negative Declaration has been issued after examination of the record and a public hearing, and

WHEREAS, the Town Board has considered all the facts and papers before it, and has heard those wishing to be heard at a public hearing held January 3, 2022, and finds justification to approve the application for an overlay district and special use permit subject to the qualifications hereinafter set out,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board makes the following findings of fact:

1. The Applicant has obtained the necessary preliminary approval from the Town Planning Board;
2. The application materials include all of the information this Board requires to take final action on                                the Special Use Permit; and
3. The proposed project meets the development standards set out in the Section 405-48.1 of the                            Town’s Zoning Code, which regulates Solar Energy Systems; and be it further

RESOLVED, that the application to construct and operate a Large-scale Solar Energy System be and hereby is authorized and approved, and this Special Use Permit shall be issued, subject to the conditions and requirements hereinafter set out:

1. The Applicant shall undertake the use in accordance with the plans, maps, and application submitted             to the Town, except as hereinafter modified, and agrees to be bound by the terms of the application and the conditions of this permit.
2. The following terms and conditions shall apply to the permit:
3. The Applicant shall submit a final site plan to the Planning Board for approval prior to the          issuance of the building permit;

1. The Applicant shall install landscaping at the entrance on Baker Street and shall guarantee                    these plantings for 10 years.

1. All barriers around the project area, including fencing and trees, shall be maintained                                    throughout the life of the project.

1. The Applicant shall establish appropriate disturbance limits in the final site plan.

1. The Applicant shall not use pesticides and herbicides on the 107 acre site.

1. The Applicant shall use DEC-recommended grasses for planting under the panels.

1. The Applicant shall limit lighting of the site in general but particularly shall not use systems                   that are triggered by motion sensors.

1. All of the other pre-construction requirements of the Town’s Solar Energy System Law.

3. Prior to the issuance of the building permit, the Applicant shall submit and obtain approval from the Town Board, in consultation with the town attorney:

1. An agreement concerning the protection of the existing trees on the 107-acre site outside the             37-acre solar area. If substantial trees are removed and the site becomes visible, a mitigation plan        with additional landscaping will need to be approved by the Planning Board.

1. A final decommissioning plan including the appropriate bond

1. Further information from an engineer comparing the amount of stormwater runoff entering                            the drainage swale from the proposed panels and landscaping features as compared to the                       existing slopes and vegetation.

4. If the owner of the solar project or the owner of the property changes, the special use permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special use permit, site plan approval, and decommissioning plan.

5. The terms, conditions, and requirements of this permit bind and obligate the Applicant, its            successors, and assigns. This permit shall not be assigned or transferred, in whole or in part, without the             prior written notice to the Town at least thirty (30) days in advance of the transfer.
6. Any failure or omission on the part of the Applicant to carry out any condition or requirement herein              or in accordance with the terms or requirements of any statute, local law, ordinance or regulation, may   be deemed a violation of the Town of Busti Zoning Law and unless corrected in not more than 10 days       following the service of written notice of such violation upon the Applicant, may subject them to the        penalties therein. Continued violations after written notice may result in revocation of this Special Use                Permit.
7. This Special Use Permit shall become effective after the Applicant approves each and every           provision hereof and agree to be bound by all of the terms herein contained in consideration of the              granting of this Special Use Permit.

Dated:  January 3, 2022

Vote:                                                                     Aye                        Nay

Supervisor Robbins                                        X                            _____

Councilman Brown                                         X                            _____

Councilman Andrews                                    X                            _____

Councilman Hanson                                      X                             _____

Councilman Gustafson                                 X                            _____

*     *     *     *     *     *

The Applicant, ECOsponsible, LLC, agrees to abide by all the terms of this Special Use Permit.

Dated: January 3, 2022

ECOSPONSIBLE, LLC

By:          __________________________________________

The board members asked ECOsponsible if it was possible to use the access point on Stoneman Road more than the Baker Street access, Mr. Ryan stated he thought that would be possible.

There was discussion regarding the Community Benefit Agreement with ECOsponsible. Supervisor Robbins would like to use the proposed funds to pay all Town of Busti electric bills, with any excess to be applied to programs designed to promote the use of the Town’s recreational and lakefront facilities. Members of the board were not in agreement to use the funds for the electric bills, but would rather they be used for a more tangible purpose. Greg Edwards noted the Community Benefit Agreement is separate from the Host Agreement and is strictly between the Town and ECOsponsible, LLC.

Councilman Hanson moved the following resolution which was duly moved by Councilman Brown:

RESOLVED, Supervisor Robbins be authorized to sign the Community Benefit Agreement with ECOsponsible, LLC as amended:

COMMUNITY BENEFIT AGREEMENT

 

This Agreement dated January 3, 2022 by and between the Town of Busti, a municipal corporation with its principal office located at 125 Chautauqua Street, Lakewood, New York 14750 (the “Town”) and Busti Solar Project, Inc., with its principal place of business located at P.O. Box 114, West Falls, New York 14170 (“Owner”).

W I T N E S S E T H:

 

                WHEREAS ECOsponsible LLC. on behalf of the Owner has submitted a Special Use Permit Application to construct and operate a large-scale solar energy system at 4542 Baker Street in the Town of Busti, and

 

                WHEREAS, pursuant to Section 405-48.1 of the Busti Zoning Code, the Town has completed its review of the proposed Solar Project. The Town as the lead agency, conducted a coordinated environmental quality review, and Public Hearing in accordance with the provisions of 6 NYCRR Part 617 (SEQRA), and

                WHEREAS, on January 3, 2022, the Town Board, approved the Project’s Special Use Permit application with conditions, based on its review of the project and materials submitted by the applicant, and input from Town residents, other agencies, and the Town’s consultants, makes the following recommendation to the Town Board, and

                WHEREAS, both parties recognize the importance balancing public and private investment in a viable green infrastructure to help Busti and Lakewood be sustainable communities, while managing any potential impacts to the Community or environment, and

 

                WHEREAS, as part of its commitment to the Climate Leadership, the Owner would like to provide community support in the form of an ”Annual Payment” or “Community Benefit Grant” to financially assist the Communities of Busti and Lakewood and their ongoing Public Purpose or Environmental related activities.

            NOW, THEREFORE, in consideration of the mutual promises herein, the Town and Owner agree that the terms and conditions of this Agreement are the following:

Article I – Annual Payment.

1.1       Annual Payment.  The Company agrees to pay to the Town on or before January 1 of each calendar year commencing on the latter of either the first payment date to fall after the Projects Commercial Operation Date, or January 1, 2023 (each a “Payment Date”), an amount equal to the Annual payment as set forth on Schedule A hereto.  The Company hereby agrees to pay all such amounts pursuant to this Agreement on or before each Payment Date in accordance with the terms hereof.

1.2      Payee.  Amounts payable under this Agreement shall be made payable to the Town and delivered to the Town, or at such other address as the Town may notify the Company of in writing.

1.3       Public Purpose.  The Town confirms that the Annual Payment payable by the Company hereunder will constitute revenues for public purposes that will seek to improve the quality of life of the residents of the Town of Busti, by, including, but not limited to, reducing their tax burden, helping the Town qualify for grants, and improving parks and recreational resources. The Town agrees to expend the Annual Payment for such public purposes.

Article II – Changes in Law.

 

2.1       In the event the Project permit is withdrawn, facility closes, is decommissioned, or declared to be subject to taxation or assessment, and or any other legislative change, negatively affecting the economic viability of the project, the obligations of the Company hereunder shall be null and void.

 

Article III – Miscellaneous.

3.1       This Agreement shall be binding upon the successors and permitted assigns of the Company and the Town, but no assignment shall be effective to relieve the Company of any of its obligations hereunder unless expressly authorized and approved in writing by the Town.  The rights and obligations of the Company hereunder may be assigned in connection with a permitted assignment of the Company’s interest in the Project. Notice of such assignment shall be provided to the Town. Nothing herein is intended to be for, or to inure to, the benefit of any person or entity (including, without limitation, the Agency or any Taxing Entity), other than the parties hereto.

3.2       Town agrees that a Notice of this Agreement may be recorded by the Owner at its expense, and that the Town shall cooperate in the execution of any Notices or Assignments with the Owner and its successors. This Agreement may be executed in any number of counterparts each of which shall be deemed an original, but which together shall constitute a single instrument.

3.3       All notices, claims and other communications hereunder shall be in writing and  shall be deemed to be duly given if personally delivered, sent by national overnight courier or mailed first class, postage prepaid, as follows:

To the Town:                                        Town of Busti Town Supervisor

125 Chautauqua Avenue

Lakewood, NY 14750

To the Company:                                  Busti Solar Project, Inc.

477 Snyder Road

East Aurora, NY 14052-9710

or at such other address as any party may from time to time furnish to the other party by notice given in accordance with the provisions of this Section.  All notices shall be deemed given when mailed or personally delivered in the manner provided in this Section.

3.4       This Agreement shall be governed by, and all matters in connection herewith shall be construed and enforced in accordance with, the laws of the State of New York applicable to agreements executed and to be wholly performed therein and the parties hereto hereby agree to submit to the personal jurisdiction of the federal and state courts located in the County of Chautauqua, New York, or if no such courts are located therein, the federal and state courts in the County of Erie, New York.

3.5       This Agreement may not be modified, amended, supplemented, or changed except in writing signed by an authorized officer of each of the Town and the Company.

3.6       This Agreement constitutes the entire agreement and understanding between the parties hereto with respect to the transaction contemplated hereby and supersedes all prior negotiations, understandings, and agreements between such parties with respect to such transaction.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.

TOWN OF BUSTI                                                      BUSTI SOLAR PROJECT, INC.

By:________________________________                    By:________________________________

Print Name: Jesse Robbins                                            Print Name: Dennis J. Ryan Jr.

Title: Town of Busti Supervisor                         Title: President

SCHEDULE A

 

 “Grant Payment Dates shall be as follows:

Payment Year	Payment Date:	”Annual Payment” Amount
1	01/1/23*	$20,000
2	01/1/24	$20,000
3	01/1/25	$20,000
4	01/1/26	$20,000
5	01/1/27	$20,000
6	01/1/28	$20,000
7	01/1/29	$20,000
8	01/1/30	$20,000
9	01/1/31	$20,000
10	01/1/32	$20,000
11	01/1/33	$25,000
12	01/1/34	$25,000
13	01/1/35	$25,000
14	01/1/36	$25,000
15	01/1/37	$25,000
16	01/1/38	$25,000
17	01/1/39	$25,000
18	01/1/40	$25,000
19	01/1/41	$25,000
20	01/1/42	$25,000
21	01/1/43	$30,000
22	01/1/44	$30,000
23	01/1/45	$30,000
24	01/1/46	$30,000
25	01/1/47	$30,000
26	01/1/48	$30,000
27	01/1/49	$30,000
28	01/1/50	$30,000
29	01/1/51	$30,000
30	01/1/52	$30,000
		*or the first Annual Payment date subsequent to the Commercial Operation date of the Project.

Discussion on the remediation of the courtroom after the mold/mildew testing results were received. The board agreed that the HVAC system needed repaired before any indoor remediation was completed.

Councilman Hanson moved the following resolution which was duly seconded by Councilman Gustafson:

RESOLVED, the Town of Busti advertise for bids for HVAC duct work and roof curb at the Town of Busti Administration Building, 125 Chautauqua Ave., Lakewood. All bids should include the cost of labor and material. Bids should be received no later than February 2, 2022 and opened at noon. Final bid awarded will be approved at the February 7, 2022 Town Board meeting.

Upon roll call vote, all aye, carried.

Supervisor Robbins reported that plans for the redevelopment of the Sunset Golf Course continue to be in discussion. Currently there is a developer who is interested in constructing town houses on a portion of the property. There is already water available for the property, the developer is working with the Sewer Department about extending the sewer system to include that property.

Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:

RESOLVED, the Town of Busti is in favor of participating in the project of developing the property currently owned by Sunset Golf Course on Hunt Road.

Upon roll call vote, all aye, carried.

Councilman Gustafson reported Code Enforcement Officer Swanson, Fire Code Inspector Wilfong, Councilman Brown, and Assessor Clerk Lindboom attended the in-person demonstration of the Williamson Law Code Enforcement software. Everyone agreed that it is a good product, it doesn’t provide the information that the Assessor’s office what hoping for but it does provide a good foundation that should lead to efficiency and organization. The cost to purchase the software is $21,736.00 for one station, there is an additional cost of $495 to add each additional station. The cost for Installation and Training of $150 per hour and they estimate 4-6 hours. There is a Cloud Server available that would not only back up the program but would also back up photos and outside documents that were added to the files. The setup fee for the “Cloud” is $895 + an annual access fee for two devices is $1,270/year. Discussion followed. The board agreed to reach out to other municipal software vendors for quotes. CEO Swanson will contact BAS and the vendor who the City of Jamestown purchases their CEO software through.

Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:

RESOLVED, the Town of Busti Town Board approve the Highway Superintendent salary for 2022 to be $75,000. This amount is higher than the amount published in the legal notice for the 2022 Preliminary Budget.

Upon roll call vote, all aye, carried.

Supervisor Robbins moved to set the 2022 Annual Audit for Monday, February 7, 2022 at 7:30 p.m., motion was duly moved by Councilman Andrews.

All in favor, carried.

Clerk Nygren reported she had spoken to Randy Graham, Slone Melhuish agent, regarding the renewal of the Liability Insurance for the Town. Mr. Graham recommended the town ask for additional quotes as the initial quote from NYMIR was higher than expected. The board agreed to have Mr. Graham get quotes for the Liability Insurance. The new policy would be effective on February 16, 2022.

According to the Assessor’s January 2022 report, Governor Hochul issued Executive Order No11.1, which makes it possible for senior citizens and persons with disabilities to have their 2022 property tax exemptions renewed without filing renewal applications. This measure is optional for assessing units and requires the governing body of the assessing unit to adopt a resolution.

Councilman Hanson moved the following resolution which was duly moved Councilman Andrews:

RESOLVED, the Town of Busti eliminate the renewal requirement for senior citizens and persons with disabilities for their 2022 property tax exemption. The 459-c and 467 exemptions may be renewed on the town’s 2022 assessment roll without a renewal application for county, town, village, and school district purposes.

Upon roll call vote, all aye, carried.

Supervisor Robbins moved to move into Executive Session at 8:43 p.m. to discuss a personnel matter, motion was duly moved by Councilman Hanson.

All in favor, carried

Supervisor Robbins moved to close the Executive Session at 9:10 p.m., duly moved by Councilman Gustafson.

All in favor, carried.

Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:

RESOLVED, to accept the 2022 Organizational Minutes with the following amendments:

1. Aaron Kier be appointed Highway Superintendent Deputy 1 – with $1.25 per hour added to his base hourly wage.
2. Jeremy Hasson be appointed Highway Superintendent Deputy 2 – with $1.00 per hour added to his base hourly wage.
3. The 2022 mileage reimbursement rate be 58.5 cents per mile.
4. Procurement – All RFP greater than $3,000 shall be received and presented to the Town Board for their review no less than five days prior to the next scheduled Town Board meeting.
5. Assessing Agreements – each agreement should change where the Assessing records will be housed. Agreements with Carroll, Harmony, and Kiantone state the agreement includes the Assessor, Appraiser, and Assessor Clerk services; Agreement with Ellicott state the agreement includes the Assessor and Appraiser services.
6. All benefits should be based on the year of hire.

Upon roll call vote, all aye, carried.

                                                         MISSION STATEMENT:

THE MISSION OF THE TOWN OF BUSTI IS TO PROVIDE RESIDENTS, NON-RESIDENT PROPERTY OWNERS, BUSINESSES, INDUSTRY, THOSE WHO ARE GUESTS IN OUR COMMUNITY AND ALL OTHERS WE SERVE WITH THE MOST RELIABLE, EFFICIENT, PROGRESSIVE AND COURTEOUS SERVICES THAT WE ARE RESPONSIBLE FOR PROVIDING WHILE DOING SO AT THE LOWEST POSSIBLE TAX RATES ACHIEVABLE.

                                                           VISION STATEMENT:

Our success as a community depends on the ability of elected officials and employees to provide leadership in meeting our responsibilities to all of our taxpayers, citizens and others we serve.

“`We hold steadfast to the notion that people are the keys to a quality organization.

“`We will require that our town government, its departments and employees, be operated in accordance with the Constitution and laws of the State of New York and the United States of America, as well as the laws of our county and town.

“`We will insist on open and honest participation and communication within our organization and throughout the community and will hold as confidential only those matters required to be so by law.

“`We will strive to have a town that is healthy, safe, economically progressive and environmentally conscious.

“`We will commit our time, energy and resources to our community’s economic well-being and growth.

“`We will encourage a process of continuous improvement by all employed and elected officials to better carry out their duties and responsibilities.

“`We will emphasize that service to all of our constituents and others whom we serve will be provided in a courteous and efficient manner.

“`We will update our assessment rolls as required by law to provide the fairest basis for taxation.

“`We will strive to have the lowest tax rate achievable while still meeting our legal responsibilities to those we serve.

“`We will plan and work to ensure that we leave a better community for those who follow us.

“`We will work together, never sacrificing our differences, but always putting our community’s well-being ahead of our personal well-being.

“`We will continue to encourage a co-operative relationship and shared services with the Villages of Lakewood, Falconer and Celoron, the Towns of Ellicott, Chautauqua, Kiantone, Harmony and North Harmony, the City of Jamestown, the County of Chautauqua, State of New York and other governmental entities.

“`We will support our volunteer firefighters and emergency personnel in their efforts to protect the members of our community.

“`We will urge sharing of services wherever it is practicable.

RESOLVED, that elected officials shall be paid the following:

Supervisor Jesse M. Robbins                                         $   16,000.00

Town Justice Lyle T. Hajdu                                               11,500.00

Town Justice William A. Geary                                           11,500.00

Councilman James Andrews                                                    5,500.00

Councilman Todd M. Hanson                                                  5,500.00

Councilman Doug Brown                                                   5,500.00

Councilman Paul A. Gustafson                                                5,500.00

Highway Superintendent Greg Johnson                                 75,000.00

Town Clerk Darlene H. Nygren                                              55,278.00

and be it further

RESOLVED, that highway employees unless otherwise determined by the Town Board and Highway Superintendent shall be paid at the following rates:

Eric Ecklof –  Five or more years of service as of 1/1/2005                                 $29.76 per hour

Joshua Pilling – hire date 4/3/2017                                                                  $22.72per hour

Colin Larson – hire date 10/5/2020                                                                 $18.51 per hour

Laborer rate                                                                              Current NYS minimum wage rate

and be it further

Effective March 1, 2021 the starting wage for Highway Employees will be $17.00 per hour with a valid CDL license. All new highway employees are required to have a CDL prior to being hired.

FURTHER RESOLVED, that highway employees hired after January 1, 2012 shall be paid an hourly rate of $17.00 for the first partial year of employment. In the first full calendar year of employment, the employee shall receive an hourly raise in an amount that depends on which quarter he started employment during the previous year, as follows:

Time Hired:                              Hourly Raise:

Jan. – March                            $1.00

Apr. – June                              $  .75

July – Sept.                              $  .50

Oct. – Dec.                               $  .25

Thereafter, the employee will be entitled to an annual increase of $1.00 per hour for five years.

A cost-of-living rate will be added to the previous year’s hourly rate before adding the partial or full $1.00 increase.

RESOLVED, that the Highway Superintendent be appointed as the Director of Operations of Busti Sewer District No. 1 & No. 3 and as Director of Operations for all Water Districts at no salary.

RESOLVED, that Steven McKinsey be appointed in his capacity as parks, maintenance, and cemetery employee at the rate of $17.76 per hour – hire date 11/1/2021, (effective March 1, 2021, parks, maintenance, and cemetery employees be paid $17.00 per hour for the first year which will be increased according to the Highway Employee pay rate increase chart above, through five years at which time any further hourly rate increases will be determined by the rate set in the annual budget. A cost-of-living rate will be added to the previous year’s hourly rate before adding the $1.00 increase), and be it further

RESOLVED, that Aaron Kier (hire date 12/2/19) be appointed 1^st Deputy Highway Superintendent at the rate of $19.76 per hour, this rate for 1^st Deputy Highway Superintendent includes a stipend of $1.25 added on to a pay rate of $19.76 (equal to the 2021 pay rate of $17.00 + 3% + $1.00), and be it further

RESOLVED, that Jeremy Hasson (hire date 11/4/2013) be appointed 2^nd Deputy Highway at the $24.11per hour, this rate for 2^nd Deputy Highway Superintendent includes a stipend of $1.00 added to the pay rate of $23.11 (equal to the 2021 pay rate of $22.44 + 3%), and be it further

RESOLVED, that Elizabeth Davis be appointed as Court Clerk for the Town Court at an hourly rate of $28.54, and be it further

RESOLVED, that Sonya Montemayor be appointed as Deputy Court Clerk at an hourly rate of $17.47, and be it further

RESOLVED, that Susan Huffman be appointed part-time 1^st Deputy Town Clerk and be paid up to 1,560 hours, at an hourly rate of $17.51, and be it further

RESOLVED, that Attorney Joel H. Seachrist be appointed a Town Prosecutor at an hourly rate of $125.00 and be it further,

RESOLVED, that Darlene H. Nygren be appointed as Deputy Zoning Officer at no salary, and be it further

RESOLVED, that Darlene H. Nygren be appointed Registrar for the period of January 1, 2022 thru December 31, 2022 at an annual salary of $4,000, and be it further

RESOLVED, that Susan Huffman be appointed Deputy Registrar for the period of January 1, 2022 thru December 31, 2022 at an annual salary of $2,000, and be it further

RESOLVED, that Kelli Lindboom be appointed as part-time 2^nd Deputy Town Clerk/Assessor Clerk and be paid up to 1,560 hours, at an hourly rate of $16.48 and be it further

RESOLVED, that Tera Darts be appointed Assessor for the Town of Busti at an annual salary of $46,350 and be it further

RESOLVED, that Laurie Sorg be appointed Town Appraiser and paid up to 1,560 hours at $27.40 per hour in the assessor’s office and be it further,

RESOLVED, that Tera Darts be appointed Deputy Town Appraiser for the period of January 1, 2022 thru December 31, 2022 at an annual salary of $3,000 and be it further

RESOLVED, that Jeffrey Swanson be appointed Building Code Enforcement Officer for the town at an annual salary of $55,000 of which $27,500 plus half of the cost of all benefits will be paid by the Village of Lakewood as per agreement dated January 1, 2016, and be it further

RESOLVED, that Jeffrey Swanson be appointed Zoning Officer for the town at the annual salary of $3,000 of which $1,500 will be paid by the Village of Lakewood, and be it further

RESOLVED, that David Wilfong be appointed Fire Code Inspector for the town and be paid up to 28 hours per week, at an hourly rate of $18.54, of which the Village of Lakewood will pay for hours worked to inspect within the Village, and be it further

RESOLVED, that Mary Beth Moss be appointed as Dog Control Officer for the town at an annual salary of $4,865 and be it further

RESOLVED, that Seachrist Law Offices, P.C. be appointed attorney for the Town at an hourly rate of $125.00 per hour, and be it further

RESOLVED, that upon the recommendation of Supervisor Robbins, Councilman Hanson be appointed as Deputy Supervisor who shall serve at no additional salary annually, and be it further

RESOLVED, that members of Busti Planning Board and Board of Appeals shall be compensated $75.00 for each board meeting that they attend, and that the Board of Review be compensated $100.00 per day for each day that they attend in accordance with the local law authorizing such payment, and be it further

RESOLVED, that Monday, February 7, 2022 at 7:30 p.m. be set for the annual audit of town accounts by the Town Board, and be it further

VACATION, HOLIDAY, SICK, & BEREAVEMENT LEAVE

 

RESOLVED, that the following vacation, holiday, and sick leave schedule for all town employees hired before January 1, 2012, whether full-time or part-time, be and the same is hereby adopted.

 

1. Town employees who have been employed by the Town of Busti for a period of at least ONE year shall be accorded TWO working weeks paid vacation during the calendar year.

1. Town employees who have been employed by the Town of Busti for a period of at least SIX years shall be accorded THREE working weeks paid vacation during the calendar year.

1. Town employees who have been employed by the Town of Busti for ELEVEN years shall be accorded FOUR working weeks paid vacation during the calendar year.

BE IT FURTHER RESOLVED, that the following vacation schedule whether full-time or part-time town employees hired after January 1, 2012 is hereby adopted:

1. Town employees who have been employed by the Town of Busti for a period of at least ONE year shall be accorded ONE working week paid vacation during the calendar year.

1. Town employees who have been employed by the Town of Busti for a period of at least TWO years shall be accorded TWO working weeks paid vacation during the calendar year.

1. Town employees who have been employed by the Town of Busti for a period of at least EIGHT years shall be accorded THREE working weeks paid vacation during the calendar year.

1. Town employees who have been employed by the Town of Busti for FIFTEEN years shall be accorded FOUR working weeks paid vacation during the calendar year.

1. Part-time employees hired before January 1, 2012 shall receive vacation pay and holiday pay based on the average number of hours per week during preceding year as follows: (Total number of hours worked in preceding year divided by 52 weeks) times hourly pay rate = weekly vacation pay. Vacation pay for part-time workers shall be paid only in conformance with subparagraph A through C of this paragraph.  For purposes of vacation pay employees who work an average of 37 1/2 hours per week or more shall be considered full-time employees.

1. Permanent part-time employees hired after January 1, 2012 shall receive vacation pay based on the average number of hours per week during preceding year as follows: (Total number of hours worked in preceding year divided by 52 weeks) times hourly pay rate = weekly vacation pay. Vacation pay for part-time workers shall be paid only in conformance with subparagraphs “a” through “d” of this paragraph.

1. Years of service shall be determined from year of hire.

1. All vacation leave requests must be made by completing a Vacation Request Form and submitted to the appropriate department head for approval, who then will notify the Supervisor’s bookkeeper. The approved Vacation Request Form must be submitted to the bookkeeper via email (bookkeeper@townofbusti.com) or in person. The Bookkeeper must receive the employee vacation information 48 hours prior to the first date of vacation taken. Any exceptions must be approved by the Town Board.

1. When an employee is entitled to more than two weeks of vacation, the employee may take vacation for a period of no more than two weeks at a time. A period of two months of work without vacation must intervene before an employee may take any further vacation unless otherwise approved by the Town Board. Town employees who have been employed by the town for one year or more shall be entitled to vacation leave on a calendar year basis and not from the anniversary date of hire.  Employees leaving town service shall be paid pro-rata from January 1st to the date of termination of service of the calendar year in which they leave service.

2021. Hourly employees may elect to forego unused vacation time up to one week of which they will receive vacation pay equivalent to earning of period foregone. Any vacation time not utilized by a salaried employee during calendar year 2021 accruing by virtue of this resolution, shall be forfeited on December 31, 2021. Vacation time used over and above the amount allowed any given year will be deducted from employees’ wages. Any hourly employee hired as of January 1, 2017 and newer will not be eligible to forego unused vacation time and receive pay equivalent to the period forgone.

1. All town employees are entitled to receive pay for 3 days of bereavement due to the death of a

spouse, child, parent, or sibling.

1. Employees shall be entitled to two ten-minute breaks during each workday of seven- and one-half hours or more.

1. A leave accrual form will be filled out by all salary employees listing time worked, sick and holiday time for each payroll and hourly employees shall list their sick and holiday time for each payroll and submit the form to the town supervisor/bookkeeper for report purposes.

HOLIDAYS

1. The following paid holidays will be accorded:

(a)   New Year’s Day, December 31, 2021 (observed)

(b)   Martin Luther King, January 17 *

(c)   Presidents’ Day, February 21 *

(d)   Good Friday, April 2

(e)   Memorial Day, May 30

(f)    Independence Day, July 4

(g)   Labor Day, September 5

(h)  Columbus Day, October 10

(i)   Veteran’s Day, November 11

(j)   Thanksgiving Day, November 24

(k)   Day after Thanksgiving, November 25

(l)    Christmas Day, December 26 (observed)

* For the Highway Employees only – Effective March 1, 2021: the President’s Day and Martin Luther King Day holidays will be exchanged for 16 hours of personal time that they may use with 48 hours notice (to who) and used as partial or whole days.

1. Any employee may be required by his Department Head to work on any holiday (as defined in subparagraph “A” above). if it is necessary for the efficient operation of the Town government. If any employee is required to work on a holiday, he may receive pay for the time worked plus regular holiday pay or he may be granted extra vacation time equivalent to time worked.

1. All employees of the Town, who are required to work on holidays as defined by this resolution, and to include Easter Sunday, shall be paid overtime pay in addition to holiday pay for each hour worked on any given holiday. For purpose of this resolution, Saturdays and Sundays shall not be considered holidays.  Each employee whose hours total more than forty (40) hours during any one-week (to include days for which the employee has elected to use sick or vacation time) shall be paid overtime pay for any hour or fraction thereof in excess of forty (40) hours.

 

CELL PHONES

 

RESOLVED, that Justice Lyle T. Hajdu & Justice William A. Geary receive $20.00 per month towards their cell phone cost.

RESOLVED, that each highway employee pay $15.00 per month for the minimum cell phone plan together with any overages to the town and if they choose to upgrade their plan, they must pay the difference plus overages.

 

JURY DUTY

Any employee, including part-time employees, who shall be called for jury duty shall not suffer loss of pay as a result of such call of duty, but shall be paid by the Town for the difference between the pay for such duty and the pay he would have received had he worked at his town job that day.

LONGEVITY PAY

Any non-elected employee who prior to January 1 of this year has served ten years or more in the full-time service of the town and part time employees who have previously been employed full time for a period of more than ten years, shall be entitled to be paid between December 1st and December 20th, longevity pay of $200.00 plus $20.00 per year for each year worked in excess of ten years (prior to January 1st). Any non-elected employee hired January 1, 2017 and newer will not be eligible to receive Longevity Pay.

SICK LEAVE AND OTHER LEAVE

The Town of Bust under of Section 41 and Subdivision (j) of Section 341 of the Retirement and Social Security Law elects to provide additional service credit toward retirement for its employees who are entitled to accumulate sick leave to all tiers of membership.   All full-time regular town employees shall be entitled to one day a month sick leave accumulative to one hundred sixty-five days (165) for the following purposes:

(a) Absence by reason of illness, injury, any physical or mental incapacity or by reason of quarantine resulting from an order of medical authority.

(b) Absence by reason of death in the employee’s (extended) family or in the immediate family of the employee’s spouse – up to three days which may be charged to vacation days and/or sick days if available.

(c) Absence with pay may be charged to sick leave with the prior approval of the Department Head for the following personal reasons:

1. Employee’s personal attendance at business appointments during working hours.
2. Employee’s attendance at funeral other than those in Section (b).
3. Employee’s personal attendance at religious observance.
4. Employee’s personal appointments for medical services.

(d)  Incentive:  Any full-time employee who has accumulated ten sick days during the period between January 1st and December 20th and agrees to accumulate the same and not use the same between December 20th and December 31st, will be paid $750.00 on December 20th, should that person have used two sick days or less during the prior twelve (12) month period.   A leave accrual form will be filled out by all employees listing both sick time and holiday time for each payroll and submitted to the supervisor/bookkeeper for report purposes. Any non-elected full-time employee hired January 1, 2017 and newer will not be eligible to receive the $750.00 Sick Leave Incentive.

(e)  After seven days the Town will pay the difference between the period of disability, up to the limit of accumulative sick leave.  If the employee is not entitled to any disability insurance benefits, he shall not be entitled to any leave pay hereunder except for the first period of sickness prior to eligibility for disability insurance benefits.

(f)  Holiday and vacation pay will not be earned or accrued during the period of disability, nor will the employee accrue or earn sick pay benefits or credits during the disability period.  Health insurance will continue to be paid during the time an employee is disabled for a period of no more than one year provided the employee has been employed full time for a period of five years, provided however, that in the event the employee is disabled by reason of injury compensable under the Workers compensation Act, this provision shall be of no force or effect.

ACCUMULATED SICK LEAVE UPON RETIREMENT

Employees shall forfeit any accumulated sick leave at the time they retire and leave service of the town shall not be compensated for the same.

HEALTH/HOSPITALIZATION INSURANCE

1. All full-time employees, defined as those who work an average of 37 ½ hours per week or more over the course of a calendar year, shall be entitled to Health and Hospitalization Insurance premiums as offered by the Town of Busti.

1. Part-time employees including elected officials shall be entitled to participate in the Town’s health insurance program, provided, however, that the person so electing to participate pays all charges for such insurance coverage.

1. All retired town employees and elected officials who participated in the Town’s health insurance program shall be entitled to continue health insurance coverage in the Town’s health insurance program, provided, however, that the person so electing to participate pays all charges for such insurance coverage.

500. Full time employees who are eligible for health insurance who do not elect to have health insurance coverage shall be reimbursed the sum of $1,500.00 on or between December 14th and December 31st. Such amount shall be paid retroactive to January 1st of 2021 and prorated based upon the number of months for which the employees has elected not to have coverage.

1. Full time employees who elect to have health insurance coverage shall receive a monthly fixed cash allowance to be applied toward the health insurance plan of their choice offered by Highmark BCBSWNY and an annual deductible allowance as follows:

The town will pay the amount = to 90% of Gold Classic 1Q22 or Gold POS 7100 EX 1Q22 premium (see below).

Those who elect to have health insurance coverage shall receive a HRA card valued at half the amount of the “In-Network Deductible” of the selected Highmark BCBSWNY plan.

Gold Classic 1Q22

Plans             Plan Cost                          Town Cost       Employee Cost               HRA/Annual                  

Per Month/Per Emp          Per Month/Per Emp Per Month/Per Emp

Singles             $609.01                         $548.10               $60.91                                     $300

Emp/Child       $1,035.32                     $931.78              $103.54                                  $600

Emp/Spouse     $1,218.02                     $1,096.21           $121.81                                  $600

Family             $1,735.68                     $1,562.11           $173.57                                  $600

Gold POS 7100 EX1Q22

Plans             Plan Cost                          Town Cost       Employee Cost               HRA/Annual                  

Per Month/Per Emp          Per Month/Per Emp Per Month/Per Emp

Singles          $573.17                          $515.85                        $57.32                         $700

Emp/Child     $974.39                          $876.95                        $97.44                         $1,400

Emp/Spouse  $1,146.34                        $1,031.70                     $114.64                        $1,400

Family           $1,633.53                        $1,470.17                     $163.36                        $1,400

Any premium or deductible over these allowances shall be the paid by the employee; a balance of the HRA allowance that remains at the end of the year is property of the town.

 

 

CAFETERIA PLAN (Pro-Flex Administrators, LLC)

1. The Town Board of the Town of Busti finds it to be in the best interest of its employees to adopt a cafeteria plan pursuant to Section 125 of the Internal Revenue Code.
2. The cafeteria plan will apply to part-time employees who have served the Town of Busti continuously for a period of six months, full-time employees; and elected employees.
3. The plan shall commence on January 1, 2022 through December 31, 2022.
4. The annual maximum cafeteria amount shall be as follows: Medical Reimbursement Account – $2,850; Dependent Care Account – $5,000; and Premium Reimbursement Account – $5,000. This plan will allow for a $570 Rollover provision on the Medical FSA.
5. Pro-Flex Administrators, LLC, is hereby designated as administer, payments shall be made every business day with a required 3% collateral deposit for debit cards.
6. The Supervisor of the Town of Busti shall have the authority to execute an agreement and other documents as may be necessary to implement the plan and further, the Town Board designates as supervisor of the Town of Busti, to appoint Pro-Flex, as plan administrator for the plan, and to change the administrator from time to time with the advice and consent of the Town Board and it is further resolved that the Town Clerk is hereby directed to enter a copy of the adoption agreement, the cafeteria plan and this resolution as part of the minutes of the Town of Busti.

 

 

DEFERRED COMPENSATION

RESOLVED, that Supervisor Robbins shall act as trustee of the deferred compensation plan.

FURTHER RESOLVED, that the town will match contributions of each employee up to 2% of the employee’s compensation for any employee participating in the town’s deferred compensation plan.  Elected officials are ineligible for the 2% match on deferred compensation plan.

PROCUREMENT POLICY

WHEREAS, Section 104-b of the General municipal Law (GML) requires every town to adopt internal policies and procedures governing all procurement of goods and services not subject to the bidding requirements of GML, Section 103 or any other law; and

WHEREAS, comments have been solicited from those officers of the town, involved with procurement; NOW, THEREFORE, be it

RESOLVED:  That the Town of Busti does hereby adopt the following procurement policies and procedures:

Guideline 1.  Every prospective purchase of goods or services shall be evaluated to determine the applicability of GML, Section 103.  Every town officer, board, department head or other personnel with the requisite purchasing authority (hereinafter Purchaser) shall estimate the cumulative amount of the items of supply or equipment needed in a given fiscal year.  That estimate shall include the canvass of other town departments and past history to determine the likely yearly value of the commodity to be acquired.  The information gathered and conclusion reached shall be documented and kept with the files or other documentation supporting the purchase activity.

Guideline 2.  All purchases of a) supplies or equipment which will exceed $20,000 in a fiscal year or b) public works contracts over $35,000 shall be formally bid pursuant to GML Section 103.

Guideline 3.  All estimated purchases of:

Less than $20,000 but greater than $3,000 require a written request for a proposal (RFP) and written/fax quotes from 3 vendors.

Less than $3,000 but greater than $1,000 require an oral request for the goods and oral/fax quotes from 2 vendors.

Less than $1,000 but greater than $250 are left to the discretion of the Purchaser.

All estimated public works contracts of:

Less than $30,000 but greater than $10,000 require a written RFP and fax/proposal from 3 contractors.

Less than $10,000 but greater than $3,000 require a written RFP and fax/proposals from 2 contractors.

Less than $3,000 but greater than $500 are left to the discretion of the Purchaser.

Any written RFP shall describe the desired goods, quantity and the particulars of delivery.  The purchaser shall compile a list of all vendors from whom written/fax/oral quotes have been requested and the written/fax/oral quotes offered.

All RFP greater than $3,000 shall be received and presented to the Town Board for their review no less than five days prior to the next scheduled Town Board meeting.

All information gathered in complying with the procedures of this Guideline shall be preserved and filed with the documentation supporting the subsequent purchase of public works contract.

Guideline 4.  The lowest responsible proposal or quote shall be awarded the purchase or public works contract unless the Purchaser prepares a written justification providing reasons why it is in the best interest of the town and its taxpayers to make an award to other than the low bidder.  If a bidder is not deemed responsible, facts supporting that judgment shall also be documented and filed with the record supporting the procurement.

Guideline 5.  A good faith effort shall be made to obtain the required number of proposals or quotations.  If the Purchaser is unable to obtain the required number of proposals or quotations, the Purchaser shall document the attempt made at obtaining the proposals.  In no event shall the inability to obtain the proposals or quotes be a bar to the procurement.

Guideline 6.  Except when directed by the town board, no solicitation or written proposals or quotations shall be required under the following circumstances:

1. Acquisition of professional services;
2. Emergencies;
3. Sole source situations;
4. Goods purchased from agencies for the blind or severely handicapped;
5. Goods purchased from correctional facilities;
6. Goods purchased from another governmental agency;
7. Goods purchased at auction;
8. Goods purchased for less than $250.00;
9. Public works contracts for less than $500.00.

Guideline 7.  This policy shall be reviewed annually by the town board at its organizational meeting or as soon thereafter as is reasonably practicable.

MEETINGS

RESOLVED, that the following Mondays be designated as a regular meeting night of the Town Board, and be it further:

January 3, 2022

February 7, 2022

March 7, 2022

April 4, 2022

May 2, 2022

June 6, 2022

July 11, 2022

August 1, 2022

September 12, 2022

October 3 & 17, 2022

November 7 & 21, 2022

December 5, 2022

RESOLVED, that the board hold work sessions at 6:00 p.m. before all board meetings each month, and be it further

RESOLVED, that the time of the meeting shall be 6:45 p.m. and the Highway Superintendent shall give his report on each meeting night, and be it further

RESOLVED, that all meetings be held at the Town Administration Building, 125 Chautauqua Avenue, Lakewood, New York;

RESOLVED, that the following committees be appointed:

Assessing:

1. Committee (Tera Darts, Kelli Lindboom, & Laurie Sorg)

Highway & Town Building:

1. Committee: (Greg Johnson – Highway & Jeff Swanson – 125 Chautauqua Avenue)

Insurance Committee:

1. Committee: (Jim, Darlene, & Greg)

Health Insurance & Compensation:

1. Committee: (Jim, Darlene, & Greg)

Audit:

1. Committee: (Jesse, Todd, Jim, Paul, & Doug)

Police Negotiations:

1. Committee: (Jesse & Todd)

 

Parks & Recreation:

1. Committee: (Jesse & Doug)

Shared Services:

1. Committee: (Jesse, Todd, Jim, Paul, & Doug)

Water Projects:

1. Committee: (Paul & Greg)

Chautauqua Lake Assoc & Chautauqua Lake and Watershed Management Alliance

1. Committee: (Jim & Paul)

 

OFFICIAL NEWSPAPER

RESOLVED, that the Post-Journal be designated the official newspaper for the Town at the following rates for 2021 $.45 per line for the first day of publication for line ads and $7.42 per column inch for display legals, and be it further (not yet determined)

MILEAGE

RESOLVED, that the rate of mileage for all Town Officials, when authorized, is hereby set at the IRS Standard Federal Rate of 58.5 cents per mile for 2022 and be it further

TOWN FUNDS

RESOLVED, that Supervisor Robbins be authorized and directed to invest idle Town funds in legal investments bearing interest, and be it further

RESOLVED, that M & T Bank, East Fairmount Avenue, Lakewood, New York be designated as the official depository of town funds, and be it further

RESOLVED, that the following investment policy be and hereby is adopted:

INVESTMENT POLICY OF THE TOWN OF BUSTI

The objectives of the Investment Policy of this Local Government are to minimize risk, to ensure that investments mature when the cash is required to finance operation; and to insure a competitive rate of return.  In accordance with this policy, chief fiscal officer is hereby authorized to invest all funds including proceeds of obligations in:

Certificates of Deposit issued in a bank or trust company authorized to do business in New York State;

Obligations of the United States Government;

The following Banks are designated by the Town of Busti;

M & T Bank, Lakewood, New York

(Certificate of Deposit, Savings and Checking accounts).

COLLATERAL:

Certificates of Deposit shall be fully secured by insurance of the Federal Deposit Insurance Corporation or by obligations of New York State or obligations of the United States or obligations of federal agencies the principal and interest of which are guaranteed by the United States, or obligations of New York State local governments.

Collateral shall not be required with respect to the direct purchase of obligations of New York State, obligations of the United States, and obligations of federal agencies the principal and interest of which are guaranteed by the United States Government.

The governing Town Board of the Town of Busti shall review and approve the investment policy, at least annually, and if practicable, at its organizational meeting and the members shall review and amend, if necessary, these investment policies.

The provisions of these investment guidelines shall take effect prospectively and shall not invalidate the prior selection of any Custodial Bank or prior investment.

 

 

POSTING TOWN ROADS

WHEREAS, it is the Town of Busti Highway Superintendent’s opinion that vehicles weighing more than six tons per axle can do severe damage to town highways, and

WHEREAS, the Vehicle and Traffic Law, Section 1660, provides that town boards may by local law, ordinance, order, rule or regulation exclude from the use of town highways vehicles weighing in excess of four tons, now therefore be it

RESOLVED, that in accordance with Section 1660 of the Vehicle and Traffic Law of the State of New York that it is hereby ordered by the Town Board of the Town of Busti that all town highways maintained by the Town of Busti be closed to vehicles weighing in excess of six tons per axle, except for purposes of local delivery, upon the posting of a sign to that effect upon such highways by the Town Highway Superintendent, and it is further

ORDERED, that upon application to the Town Board, vehicles weighing in excess of six tons per axle may travel upon posted roads if granted a permit to do so by the Town Board, and it is further

ORDERED, that such highway or highways shall remain closed to such vehicles until such time as the Town Highway Superintendent shall cause the sign posting such notice to be removed from such highway or highways; and it is further

ORDERED, that any person or persons violating this order shall be penalized in accordance with Article 45 of the Vehicle and Traffic Law of the State of New York; and it is further

ORDERED, that the Town Clerk of the Town of Busti shall cause a copy of this order to be published in the official legal newspaper of the Town.

FIREMEN ENGAGED IN FUND RAISERS

 

RESOLVED, that all members of the Busti Fire Department, Inc., the Lakewood Volunteer Fire Department, Inc. and the Ashville Fire Department, Inc., shall for the purposes of Article 10 of the General Municipal Law of the State of New York be deemed to be performing duties as firemen when engaged in fund raising activities in the year 2022 for such department when authorized by the Board of Directors of the respective fire company and shall be entitled to all the benefits in such cases made and provided.  This resolution shall not be deemed to constitute consent to such activity or activities, as defined by General Municipal Law, Section 204-a, subparagraph 8, where alcohol is served or sold as a part of such activity.

Resolved, that the supervisor be authorized to enter into the following agreement with the Chautauqua County Human Society Inc. SPCA Animal Holding Agreement:

CHAUTAUQUA COUNTY HUMANE SOCIETY INC., SPCA

ANIMAL HOLDING AGREEMENT

AGREEMENT, made this 7^th day of July, 2008, by and between the municipal corporation organized and existing under the law of the State of New York, herein referred to as the Town of Busti and the Chautauqua County Humane society, Inc., SPCA, an incorporated humane society, organized and existing under the laws of the State of New York, and having its principal place of business at 2825 Strunk Road, Jamestown, New York, hereinafter referred to as the “SPCA”.

WITNESSETH:

WHEREAS, the parties hereto desire to enter into an agreement pursuant to Section 115 of the Agriculture and Markets Law of the State of New York, to provide for the care and sheltering of dogs and cats found within the, New York, placed in the custody of the SPCA by the Animal Control Officer or Dog Control Officer, hereinafter referred to as the ACO/DCO, or any other person.

NOW, THEREFORE, it is AGREED as follows:

1. The SPCA agrees to maintain as its place of business, adequate facilities for the proper care and sheltering of dogs which may be placed there by the ACO/DCO, or any other person.

2. The SPCA agrees to provide the ACO/DCO with access to the police room and its cages in which to leave animals. The police room is available 24 hours a day with the use of a key issued to the ACO/DCO.  The ACO/DCO or any other person authorized by the Town of Busti shall sign a DL-18 form leaving all copies except the white copy, at the SPCA, when placing said dog there and give such other information at said time with reference to date and place of pickup, breed of dog, as may be required by law.

3. Stray animals brought to either the Animal Holding Center or Pet Adoption Center by people other than the ACO/DCO shall be housed and cared for as described in items #1 and 4. SPCA staff shall notify the Town of Busti ACO/DCO of the stray animal brought in from his/her municipality.  If the animal remains housed at the SPCA, the ACO/DCO will be required to complete the appropriate paperwork at the SPCA (i.e. DL-18) and the Town of Busti will be charged SPCA fees as detailed in #5.

4. The SPCA agrees to properly care for, feed and maintain any animal so left at its place of business for the redemption period so required by law, unless said animal is so sick or injured and it is determined by the SPCA that the animal should be disposed of immediately, to end its suffering, in the manner provided by law. In the event said animal is not redeemed by the owner thereof, as required by law, the SPCA shall have the right to euthanize or adopt out the said animal as provided by law.  In the event the animal is euthanized, the SPCA shall make a written report of such euthanization to the Town of Busti. The Town of Busti, through its ACO/DCO shall be responsible for maintaining records as required by Section 188 of said law.

5. The Town of Busti agrees to pay the SPCA fees, costs and charges as follows:
6. The sum of $15.00 per day board fee for dogs, for each day held as required by the Agriculture & Markets, and for any dogs held by order of the court.
7. The sum of $50.00 for each dog euthanized or cremated.
8. The sum of $5.00 for each dog to cover administrative fees.
9. In the event that the owner of such animal so placed with the SPCA redeems the animal, the owner shall pay board fees directly to the SPCA for such redeemed dogs for the processing of the DL-18 and as required by law. The Town of Busti will not be charged board fee for the dogs that are redeemed by their owners but will be required to pay the $5.00 administrative fee for each dog.

6. Any impoundment fees for a dog redeemed by its owner shall be paid directly to the Town of Busti. Upon proof of payment of the impoundment fees, payment of board fees to the SPCA, and proof of compliance with any other applicable provisions of the law, the SPCA shall release the animal to its owner.

7. In the event the Town of Busti enacts any local law or ordinance establishing different redemption periods than those contained in Section 118 of the Agriculture & Markets Law, or in the event that the Town of Busti adopts any local laws or ordinances establishing additional conditions for the adoption of an animal or release from custody thereof, the Town of Busti agrees to provide written notice to the SPCA of the provisions. The SPCA shall not be responsible for the said law or ordinance until written notice has been provided from the Town of Busti.

8. The payment of charges incurred by the Town of Busti pursuant to the terms of this agreement shall be made quarterly upon receipt of an itemized statement from the SPCA to the Town of Busti and received by the SPCA within thirty (30) days.

9. Both parties hereto agree that no animal placed at the kennels of the SPCA shall be used for experimentation or vivisection purposed, either dead or alive.

10. The terms of this agreement shall be effective as of July 7, 2008 and shall continue until either party shall give thirty (30) days’ notice in writing to the other party of its intention to terminate the same.

IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed by the duly authorized officers as of the day and year first above written.

RESOLVED, that the supervisor be authorized to in enter into the following agreement with Pet Animal Hospital:

 

 

 PET ANIMAL HOSPITAL AGREEMENT

 

FEES:  Dogs $50.00 – Euthanasia and disposal

Dogs over 100# $75.00 Euthanasia and disposal.

Contract Terms:  good for one year with automatic annual renewal.  Either party shall give thirty (30) days’ notice in writing to the other party of its intention to terminate.

AGREEMENT FOR ADMINISTRATION OF DRUG

AND ALCOHOL TESTING SERVICES

This 6th day of January 2003 an agreement was made between Town of Busti and Lakeshore Employee Testing Services, Inc. at 202 E. Main Street, Fredonia, New York 14063.

For the purpose of this agreement, hereinafter referred to as the Company will be Town of Busti.

OVERVIEW

The Company desires to secure professional and technical services from Lakeshore Employee Testing Services, Inc. To perform drug and alcohol testing, engage in related activities that are either required or made advisable by: Federal, State and Local Regulations, the Employee Testing Act of 1991 and the Drug free Workplace act of 1988.

Lakeshore Employee Testing Services, Inc. will provide Administrative services to the Supervisors and similar personnel who are its members, and to the organizations which employ them.

In consideration of mutual covenants and agreements set forth herein, and of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do covenant and agree as follows:

Section 1.  Services Provided

Lakeshore Employee Testing Services, Inc. shall perform the services which are set forth in Appendix “A”, attached hereto.  The parties agree that the services shall be performed by Lakeshore Employee Testing Services, Inc. or its qualified employees or subcontractors.

Section 2.  TERM

This agreement shall commence on or about January 1st and continue through until December 31st.   Thereafter, it shall be renewed for a new fiscal year upon the same terms, unless either party gives notice to the other or least 30 days prior to the termination date of its intent to terminate the agreement.

Section 3.  FEE

The Company agrees to pay and Lakeshore Employee Testing Services, Inc. agrees to accept as full payment for the work and services performed and the granting of rights pursuant to this agreement, a fee computed as set forth in Appendix “B” attached hereto.  Unless otherwise specified in Appendix “B”, payment shall be made monthly for work completed, upon invoice from Lakeshore Employee Testing Services, Inc.  Lakeshore Employee Testing Services, Inc. shall not be entitled for expenses or otherwise, except as set forth in Appendix “B”, or except as otherwise agreed.

All fees for services rendered shall be invoiced monthly and are due upon receipt of invoice.  Should the account become 60 days delinquent, Lakeshore Employee testing Services, Inc. reserves the right to hold further tests results until the delinquency has been corrected.  Lakeshore Employee Testing Services, Inc. will also notify the laboratory and the MRO that Lakeshore Employee Testing Services, Inc. is not responsible or liable for any testing costs incurred while the account is on credit hold.  Should the account become 90 days delinquent, Lakeshore Employee Testing Services, Inc., reserves the right to place the account for collection.

Section 4.  TERMINATION

Either party may terminate this Agreement by 30 days prior written notice, or for cause, effective upon giving written notice.  In the event of termination, Lakeshore Employee Testing Services, Inc. shall be entitled to payment for work and services property performed up to the termination date.

Section 5.  TAX

The Company is exempt from paying manufacturer’s excise tax, floor, use of sales taxes to any state, providence, city, county or country for all materials pursuant to this agreement.

Section 6.  INDEMNIFICATION

By Lakeshore Employee Testing Services, Inc.: Lakeshore Employee Testing Services, Inc. shall be liable for any and all claims, costs, and expenses arising from or out of any alleged negligent act, omission, or breach of this agreement by Lakeshore Employee Testing Services, Inc., its agents or employees, in the performance of its obligations under this agreement.

By Company: The Company shall be liable for any and all claims, costs, and expenses arising from or out of any alleged negligent act, omission or breach of this agreement by the Company, its agents or employees, in the performance of its obligations under the agreement.

Section 7.  COMPLIANCE WITH ALL LAWS

Lakeshore Employee Testing Services, Inc. agrees that, during the performance of the work required pursuant to this agreement, it and all of its employees or agents shall endeavor to comply with all Federal, State and Local Laws, Ordinances, Rules and Regulations governing its actions during such work.

Section 8.  NOTIFICATIONS OF SUIT

In the event a party is sued, or otherwise becomes the subject of action before a court, administrative agency or an arbitration tribunal, relating to work performed or other services rendered hereunder, it shall notify the other party as soon as possible of same.

Section 9.  EXTENT OF AGREEMENT

This agreement, including the Appendices hereto, constitutes the entire and integrated agreement between and among the parties hereto and supersedes any and all prior negotiations, representations, agreements, and or conditions, whether written or oral.  Any modification or amendment to this Agreement shall be void unless it is in writing and subscribed by the party to be changed or by its Authorized Agent.

Section 10.  INDEPENDENT CONTRACTOR

The relationship between Lakeshore Employee Testing Services, Inc. and the Company is that of independent contractor and Lakeshore Employee Testing Services, Inc. Agrees to do all things legally required to establish and maintain its status as an independent contractor.  Lakeshore Employee Testing Services, Inc., in accordance with its status an independent contractor, covenants and agrees that it will conduct itself consistent with such status, and that it will neither hold itself out as nor claim to be, an officer, employee or agent of the Company by reason hereof.  The employees or agents of one party shall not be deemed employees or agents of the other.  As an independent contractor, Lakeshore Employee Testing Services, Inc. and any person(s) engaged by it shall not be entitled to any medical health pension, retirement, disability, unemployment, worker’s compensation or other insurance coverage or any other benefit similar or dissimilar, from the Company.  The parties agree that all reporting by either of them to income tax and other governmental agencies shall be consistent with the provisions of this paragraph.

Section 11.  GOVERNING LAW AND VENUE

This agreement is made under and shall be governed by the law of the State of New York.  In the event that a dispute arises between the parties, venue for the resolution of such dispute shall be the County of Chautauqua, State of New York.

Section 12.  NON-WAIVER

In the event that the terms and conditions of this agreement are not strictly enforced by either party, such non-enforcement shall not act as or be deemed to act as a waiver of modifications of the agreement, nor shall such non-enforcement prevent either party from enforcing each and every term of this agreement thereafter.

Section 13.  SEVERABILITY

If any provision of this agreement is held invalid by a court of law, the remainder of this agreement shall in no way be affected thereby if such remainder would then continue to conform to the laws of the State of New York.

Section 14.  MISCELLANEOUS

The section headings in this agreement are for the convenience of reference only and shall not be used in interpretation of this agreement.  The singular number used herein shall include the plural and plural the singular.  The neuter, masculine or feminine genders used herein shall be deemed to include each other.

IN WITNESS WHEREOF, the parties have duly executed this Agreement intending to be legally bound upon approval of the Town of Busti.

FIRE PROTECTION, EMERGENCY SERVICE

AND

AMBULANCE SERVICE AGREEMENT

THIS AGREEMENT, is made this 1st day of January, 2021, between the Town of Busti, a municipal corporation located in the County of Chautauqua and State of New York, party of the first part, and the Village of Lakewood, a municipal corporation located in the Town of Busti, party of the second part, the Busti Fire Department, Inc., a corporation organized and existing pursuant to the Not-for-Profit Corporation Law of the State of New York, party of the third part, and the Lakewood Fire Co., Inc.  a corporation organized and existing pursuant to the Not-for-Profit Corporation Law of the State of New York, party of the fourth part.

Whereas, Lakewood Fire Co., Inc. is a corporation organized and existing pursuant to the Not-for-Profit Corporation Law of the State of New York located in the Village of Lakewood, which department operates motorized fire-fighting, emergency and ambulance equipment owned by the Village of Lakewood, and

Whereas, a fire protection district, designated for convenience, Busti Fire Protection District #1, has heretofore been created in the Town of Busti by action taken by the Town Board of said town, after a hearing under provisions of Article 11 of the Town Law, which fire protection district comprises the entire area of the Town of Busti excepting only that portion of the town which is contained within the incorporated Village of Lakewood, the area contained in Busti Fire Protection District #2 and the area contained in the Ashville Fire District, a portion of which is within the Town of Busti, and

Whereas, the Busti Fire Department, Inc., is a corporation organized and existing under the provisions of the Not-for-Profit Corporation Law of the State of New York which department owns and operates motorized fire-fighting, emergency and ambulance equipment, which is housed in the hamlet of Busti, in said Fire Protection District #1, and

Whereas, the Town Board of the Town of Busti, has by resolution adopted after notice and public hearing under the provisions of Section 184 of the Town Law and Section 209-b of the General Municipal Law authorized the execution of a contract with the two above-mentioned fire departments for the furnishing by them of fire protection, emergency service, and emergency ambulance service in such Busti Fire Protection District #1, and has made provisions for the assessment and the collection of a tax to cover the cost of such protection, and

Whereas, the aforesaid fire departments have taken appropriate action authorizing the making and execution of this contract for the furnishing of fire protection, emergency service, and emergency ambulance service in such Busti District #1, and

Whereas, the Board of Trustees of the Village of Lakewood has, by appropriate resolution, authorized the use of the fire trucks, firefighting equipment, and emergency and ambulance equipment of said Village for rendering assistance in such Busti Fire Protection District, and has authorized the execution of this contact,

NOW THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter set forth, the parties to this agreement have agreed and do hereby contract as follows:

1. The Busti Fire Department, Inc., and the Lakewood Fire Co., Inc. do agree each for itself and its members, that they will furnish the services and efforts of their members and utilize and operate the firefighting equipment, emergency equipment, and ambulance equipment available to them, in fighting and extinguishing fires and providing rescue services and emergency medical services as set forth in Section 209-b of the General Municipal Law in said Busti Fire Protection District #1 for a period of five (5) years beginning January 1, 2021.
2. The Lakewood Fire Co., Inc., and the Busti Fire Department, Inc. shall make, and from time to time modify, practical plans and arrangements for the division of work and responsibility in fighting small fires and the provision of rescue services and emergency medical services located in the areas of the Busti Fire Protection District #1, most conveniently reached by one or the other of such fire departments, and arrangements to provide for the joint service of all large and dangerous fires, rescue operations, and emergency medical services and to provide for a single-handed direction and control of firefighting, rescue services, and emergency medical equipment of the two departments and of the efforts and work of the members thereof and of the firefighting, rescue, and emergency medical service methods employed when the two departments are engaged jointly in fighting fires or providing rescue services or emergency medical services.
3. In consideration of the aforesaid services and protection to be rendered by the departments, the Town of Busti agrees that it will levy a tax on all real property located in the Busti Fire Protection District #1 for the years as follows:

2021 – $314,639.46

2022 – $324,078.40

2023 – $333,800.75

2024 – $343,814.77

2025 – $354,129.21

and that annually during the term of this contact, it will pay 50% of the total amount thus collected to the treasurer of the party of the third part and the remaining 50% of the amount thus collected as hereinbefore set forth, to the treasurer of the party of the fourth part, and that annually during said term of this contract, it will pay 50% of the total amount collected from foreign insurance tax under Section 9104 of the Insurance Law of the State of New York, to the Busti Fire Department, Inc. and the remaining 50% of the amount thus collected from foreign insurance under said Insurance Law to the Lakewood Fire Co., Inc.

This agreement may be re-opened by the Busti Fire Department, Inc. and Lakewood Fire Co., Inc. on the third anniversary of this agreement by giving written notice thirty (30) days in advance to Town of Busti and Village of Lakewood.

4. The Town of Busti agrees that it will adequately insure itself for and against all liability imposed upon it by the provisions of Section 205 of the General Municipal Law for death or injury to members of the Lakewood Fire Co., Inc. and the Busti Fire Department, Inc. performing services or rendering assistance in the Town of Busti, including its liability to such firefighters for injuries or death caused while going to or returning from a fire, or answering a call, or by any means of travel, transportation or conveyance whatever. The town agrees that such insurance coverage will be provided under the Chautauqua County Mutual Self-Insurance Plan adopted by the Chautauqua County Legislature pursuant to the authority of Paragraph 3-a of Section 50 of the New York Worker’s Compensation Law, under which plan the town is now insured, or such insurance will be secured from some responsible and approved insurance company which issues policies covering liability under Section 205 of the General Municipal Law.
5. The Village of Lakewood and the Lakewood Fire Co., Inc. agree that the amount paid by the town to the Lakewood Fire Co., Inc. under the provisions of the foregoing Paragraph 3 shall be expended by the Lakewood Fire Co., Inc. to pay, or to reimburse the Village of Lakewood for the costs to such village and/or Lakewood Fire Co., Inc. for furnishing fire protection service, rescue service, and emergency medical service in Busti Fire Protection District #1, including the cost of the village and/or Lakewood Fire Co., Inc. of gasoline, oil, chemicals, and other supplies used in such services and any additional insurance or other costs to the village and/or Lakewood Fire Co., Inc. resulting from furnishing such services.
6. The parties of third part and fourth part each agree to provide the other parties to this agreement copies of financial statements no later than June 15 of each year covering the period ending December 31 of the preceding year.
7. Any party to this contract shall have the option to terminate the same at the expiration of any calendar year during the term of this contract by giving all other parties to said contract written notice of such termination which shall be sent to the other parties, registered or certified mail, bearing postmark no later than July 15 of the year preceding such termination date.
8. Unless sooner terminated under the provisions of Section 6 hereof, this contract shall terminate and be void on the 31st day of December, the year Two Thousand Twenty-five.

LAKEWOOD-BUSTI POLICE AGREEMENT

THIS AGREEMENT is made and entered into this 5^th day of March, 2018, 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, Busti is empowered to enter into an agreement on a contractual basis with Lakewood 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 5^th day of March, 2018 and by a majority vote of the Board of Trustees of Lakewood on the 26^th day of February, 2018.

THE PARTIES HERETO AGREE AS FOLLOWS:

(1)        TERM OF AGREEMENT: This agreement shall become effective on January 1, 2019 and remain in full force and effect for a five (5) year term until December 31, 2023.

(2)        STATEMENT OF AGREEMENT: Lakewood agrees to provide law enforcement and police protection to Busti during the term of this Agreement and Busti agrees to engage Lakewood by and through its police department to provide such service in accordance with and subject to the terms of this Agreement.

(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)        DELIVERY OF SERVICES:

(A)       Service Area: Lakewood shall provide law enforcement protection within the corporate limits of Busti.

(B)       Enforcement Responsibilities: The Police Department of Lakewood shall enforce state statutes, and all other laws and/or ordinances within the corporate limits of Busti including Town laws and ordinances.

(C)       Quality of Service: The Lakewood Police Department shall deliver twenty-four (24) hours of law enforcement protection and police protection each day that this Agreement is in effect.

(D)       How Delivered: The Lakewood Police Department shall provide such police officers and patrol cars as are necessary to maintain an adequate patrol for Busti and shall provide service to Busti equivalent to that provided to Lakewood.

(E)       Reporting: The Chief of Police of Lakewood shall provide to Busti a monthly report of activities generated as a result of this Agreement. The report shall include the number of calls for service, reported crimes, arrests, crimes cleared by arrests, traffic citations, court appearances, and items of recovered property and all other statistics and/or management information that may be requested by the Town Board of the Town of Busti. Lakewood’s Chief of Police, or such person or persons as he designates shall attend Town Board meetings of Busti for the purpose of making such reports and answering inquiries of the members of the Town Board of Busti and/or of the general public as may be present at the first regularly scheduled Town Board meeting of each month and when otherwise requested by Busti.

(F)        Service Management: Except as provided in Subsections (D) and (E) hereof, the planning, organization, scheduling, direction, and supervision of the Lakewood Police Department and all other matters in and to the delivery of law enforcement services to Busti shall be determined by the Chief of Police of the Village of Lakewood and the Village Board of the Village of Lakewood. The Chief of Police of the Village of Lakewood shall retain exclusive authority over the activities of his personnel working in Busti.

(G)       Responsiveness: The Police Department of Lakewood shall give prompt and adequate consideration to all requests of Busti regarding the delivery of law enforcement services. The Chief of Police of Lakewood shall comply with these requests if they are consistent with law enforcement practices and within the scope of this Agreement.

(H)       Dispute Resolution: Any conflict between the parties regarding the extent or manner of the performance of the law enforcement services delivered to Busti shall be referred to the Chief of Police of Lakewood, or his or her designee, for resolution. In the event the decision is unsatisfactory to either party, the dissatisfied party, will notify the Mayor of Lakewood or the Supervisor of Busti, and such dispute shall then be referred to a meeting of Lakewood’s Mayor, Busti’s Supervisor and such party as shall be jointly designated by the Mayor and Supervisor for resolution.

• Name: The Police Department of Lakewood shall be known as Lakewood-Busti Police Department; and all references to such police department including stationary, phone calls answered by such department, markings on motor vehicles identifying such police department, and any and all references to such department whatsoever shall also characterize such department in such manner.

(5)        RESOURCES:

(A)       Responsibilities: Except as otherwise stipulated, Lakewood shall furnish all labor, equipment, facilities, and supplies required to provide law enforcement services to Busti.

(B)       Individual ownership: Lakewood shall retain title to all property which it has acquired in the operation of its department, and which it hereafter acquires during the term of this Agreement, to fulfill its obligations under this Agreement.

(C)       Liability: Lakewood shall assume liability for, defend against, and secure the Town of Busti from all costs or damages or injury, to persons or property caused by any employees of Lakewood and arising out of the performance of this Agreement, and hold Busti harmless with respect thereto.

(D)       Personnel:

(i)         Employment Status: For purposes of this Agreement only, all persons employed by Lakewood providing law enforcement services and police services to Busti shall be Lakewood officers or employees and they shall not have any benefit, status, or right of Busti employment.

(ii)        Payment: Busti shall not be liable for the direct payment of salaries, wages, or other compensation to Lakewood officers or Lakewood employees providing law enforcement services to Busti.

(iii)       Indemnity: Any police officers performing services under this Agreement shall be deemed employees of Lakewood for the purposes of the unemployment laws, Worker’s Compensation Laws and disability benefits laws and Busti shall not be responsible for any benefits thereunder.

(iv)       Municipal Agency: For the sole purpose of giving official status to their acts when performing municipal functions within the scope of this Agreement, every Lakewood officer or employee engaged in providing law enforcement services to Busti shall be considered a law official of Busti in accordance with a local law previously adopted by Busti.

(6)        FEES:

• Payments Busti shall make to Lakewood:

Busti Fiscal Year 2019: Busti shall pay Lakewood the sum of Four Hundred Ninety Thousand ($490,000) dollars.

Busti Fiscal Year 2020: Busti shall pay Lakewood the sum of Four Hundred Ninety Thousand ($490,000) dollars.

Busti Fiscal Year 2021: Busti shall pay Lakewood the sum of Four Hundred Ninety Thousand ($490,000) dollars.

Busti Fiscal Year 2022: Busti shall pay Lakewood the sum of Four Hundred Ninety-Five Thousand ($495,000) dollars.

Busti Fiscal Year 2023: Busti shall pay Lakewood the sum of Four Hundred Ninety-Five Thousand ($495,000) dollars.

(B).      Manner of Payment: Payments from Busti to Lakewood shall be made in semi-annual installments, one half of the amount so due to be paid on or before February 15 of each year, and the remaining sum to be paid on or before August 15 of each year.

(C)       Inclusivity of Payments: It is understood that Busti has agreed to pay a certain percentage of the debt service required to convert the police retirement system pursuant to Section 384-e of the Retirement and Social Security Law, as shown in the attached Schedule A, and that such amounts are included in and part of the payments listed in Subsection (A) above.

(7)        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 shall be five (5) years (January 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.

(C).      Review of Fees: Both parties agree to review this Agreement between June 1, 2021 and October 1, 2021 to determine whether the schedule of fees set forth in (6)(A), above, is equitable to both parties. Both parties agree that if either party believes that the schedule of fees is inequitable, both parties shall attempt to re-negotiate the said fees so that they are equitable to both parties.

(D).      Payment upon Termination: If Busti cancels this Agreement prior to November 15, 2022, Busti shall pay to Lakewood its pro rata share of pension costs of police officers incurred by Lakewood.  Busti’s pro rata share of the pension costs shall be equal to 37% of Lakewood’s pension costs, in the Village’s fiscal year following the year of termination, for those officers who are laid off as a result of the termination of this Agreement.

(8)        AUTHORIZATION:    This Agreement is made and executed pursuant to a resolution of the Town Board of the Town of Busti adopted on March 5, 2018, and pursuant to a resolution adopted by the Village Board of Trustees of the Village of Lakewood on February 26, 2018.

(9)        EXECUTION: The parties hereto have executed this Agreement the date and year first above written.

VILLAGE OF LAKEWOOD

ATTEST: _________________________                      By: __________________________

Village of Lakewood Clerk                                Cara Birrittieri, Mayor

ATTEST: _________________________                      By: __________________________

Town of Busti Clerk                                           Jesse Robbins, Supervisor

ADDENDUM TO LAKEWOOD-BUSTI POLICE AGREEMENT

THIS ADDENDUM is made and entered into this 16^th day of September, 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 16^th day of September, 2019 and by a majority vote of the Board of Trustees of Lakewood on the 9^th day of September, 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 September 16, 2019, and pursuant to a resolution adopted by the Village Board of Trustees of the Village of Lakewood on September 9, 2019.

(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

CHAUTAUQUA LAKE & WATERSHED MANAGEMENT ALLIANCE

MEMBERSHIP AND ALLOCATION OF FUNDING

WHEREAS, Chautauqua Lake is an invaluable asset to Chautauqua County but has been designated as an impaired water body and its health and usability are threatened; and

WHEREAS, the Chautauqua Lake & Watershed Management Alliance (Alliance) has been established as a nonprofit New York organization to procure funding and prioritize projects recommended in the Chautauqua Lake Watershed Management Plan, the Macrophyte Management Strategy, and the Chautauqua Lake LWRP, to benefit the water quality of Chautauqua Lake; and

WHEREAS, memorandums of understanding supporting the creation of the Alliance were pledged by municipalities, local foundations, watershed and lake organizations and various stakeholders; and

WHEREAS, initial funding for the Alliance has been pledged by the Ralph C. Sheldon Foundation, the Lenna Foundation and Chautauqua County; and

WHEREAS, it is essential during its formation stage and long-term that the Alliance seek and procure membership commitments and dues from members to support the formation and sustainability of the Alliance; and

WHEREAS, membership in the Alliance entitles members to benefits as described in the Alliance Request for Membership Package provided to the Board; and

WHEREAS, the membership due is $2,000; therefore be it

RESOLVED, that the Town of Busti shall become a member of the Chautauqua Lake & Watershed Management Alliance and pay $2,000 as its Membership Dues for 2021-2022.

BUSTI HISTORICAL SOCIETY AGREEMENT

This agreement made and entered into this 1^st day of January, 2022, by and between:

TOWN OF BUSTI

125 Chautauqua Avenue

Lakewood, New York              hereinafter referred to as “TOWN”

and

BUSTI HISTORICAL SOCIETY

Mill Road

Jamestown, New York             hereinafter referred to as “ORGANIZATION”

WITNESSETH:

WHEREAS, TOWN is a municipal corporation existing under and by virtue of the State of New York; and

WHEREAS, ORGANIZATION is a not-for-profit organization providing services to both its members and the general public; and

WHEREAS, TOWN and ORGANIZATION desire to enter into a contract wherein; and

WHEREBY ORGANIZATION will provide services to TOWN and its residents;

NOW, THEREFORE, it is hereby agreed by and between TOWN and ORGANIZATION as follows:

1. ORGANIZATION agrees to provide the following services to TOWN for the period commencing January 1, 2022, to December 31, 2022: Maintenance of historical landmark, the Busti Mill, and historical programs for education and general public.
2. TOWN shall pay to ORGANIZATION the sum of $250.00 for such services on or before the 7^th day of February, 2022.
3. ORGANIZATION agrees to hold TOWN harmless as a consequence of any action for damages which may be brought against TOWN by reason of ORGANIZATION providing such services to TOWN.
4. This agreement is authorized by the following statute or statutes: General Municipal Law and Town Law.

LAKEWOOD AMERICAN LEGION

MEMORIAL POST 1286 AGREEMENT

This agreement made and entered into the 1^st day of January 2022, by and between:

TOWN OF BUSTI

125 Chautauqua Avenue

Lakewood, New York,  hereinafter referred to as “TOWN”

and

LAKEWOOD AMERICAN LEGION MEMORIAL POST 1286

Legion Drive

Lakewood, New York    hereinafter referred to as “ORGANIZATION”

WITNESSETH:

WHEREAS, TOWN is a municipal corporation existing under and by virtue of the State of New York; and

WHEREAS, ORGANIZATION is a not-for-profit organization providing services to both its members and the general public; and

WHEREAS, TOWN and ORGANIZATION desire to enter into a contract wherein and whereby ORGANIZATION will provide services to TOWN and its residents;

NOW, therefore, it is hereby agreed by and between TOWN and ORGANIZATION as follows:

1. ORGANIZATION agrees to provide the following services to TOWN for the period commencing January 1, 2022 to December 31, 2022: Memorial Day Services and decoration of graves at Sunset and Busti Cemeteries as well as other Town and Busti Cemeteries.
2. TOWN shall pay to ORGANIZATION the sum of $450.00 for such services on or before the 3^rd day of July, 2022.
3. ORGANIZATION agrees to hold TOWN harmless as a consequence of any action for damages which may be brought against TOWN by reason of ORGANIZATION providing such services to TOWN.
4. This agreement is authorized by the following statute or statues: General Municipal Law and Town Law.

 

TOWN OF CARROLL ASSESSING AGREEMENT

THIS AGREEMENT made and entered into this 1st day of January, 2022 by and between:

THE TOWN OF CARROLL, 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 “CARROLL”,

and

THE TOWN OF BUSTI, a municipal corporation as defined by the aforesaid statute, party of the second part, hereinafter referred to as “BUSTI”.

WITNESSETH:

WHEREAS, BUSTI is empowered and required to have an Assessor in accordance with the provisions of the Town Law, Section 20, of the State of New York, and presently contains in the office of the Assessor, a single appointed Assessor, and

WHEREAS, CARROLL is empowered to name and designate an Assessor pursuant to the same statute; and

WHEREAS, CARROLL is empowered to enter into an agreement on contractual basis with BUSTI for the provision by BUSTI of an Assessor to CARROLL pursuant to Section119-0 of the General Municipal Law of the State of New York, subject to approval by both the Town Board of BUSTI and the Town Board of  CARROLL;  and

WHEREAS, the following provisions have been duly approved by a majority vote of the Town Board of BUSTI and by a majority vote of the Town Board of the Town of CARROLL, the parties hereto agree as follows:

(1)  Statement of Agreement: BUSTI agrees to provide its Assessor, Assessor Clerk, and Appraiser to CARROLL during the term of this Agreement, and CARROLL agrees to engage BUSTI by and through its Assessor, Assessor Clerk, and Appraiser to provide such service in accordance with the subject to the terms of this Agreement. It is understood that where the Assessor is referred to throughout this Agreement with regard to specific services, such work may be provided by the Assessor Clerk and Appraiser working in conjunction with the Assessor.

(2)  Legal Basis: This Agreement is authorized pursuant to and by Article 4-G, Section 119-0, of the General Municipal Law of the State of New York.

(3)  Delivery of Services:

(a) Service Area: BUSTI shall provide an Assessor to assess all real property located within the Town of CARROLL.

(b) Assessing Responsibilities: The Assessor of BUSTI shall provide CARROLL an assessment roll in accordance with the provisions of the Town and Real Property Tax Law. As part of his duties, assessor shall supervise town-wide revaluations every year on the Annual Reassessment program, review and advise the Town Board and Town Attorney concerning any tax certiorari suits commenced against the Town, and furnish a monthly written report, if requested, on the activities and status of matters in the assessor’s office. Additionally, BUSTI’s Assessor shall attend any and all meetings of the Board of Assessment Review of CARROLL, as CARROLL shall require, and at such meetings submit all such information as may be necessary to support any assessment or assessments determined by BUSTI’s Assessor which may be under review by CARROLL’s Board of Assessment Review. Assessor shall not routinely be required to attend Town Board meetings.

(c) Personnel Policies: Planning, organization, scheduling, direction, supervision of the BUSTI Assessor, any and all other matters in and to the delivery of assessing services to CARROLL shall be determined by the Town Board of BUSTI. The Town Board of BUSTI and its Assessor shall retain exclusive activities over the personnel of BUSTI working in and for CARROLL.

(d) Dispute Resolution: Any conflict between the parties concerning the extent or manner of the performance of assessing service delivered to CARROLL not set out in the agreement, shall be resolved by the Town Board of BUSTI whose decision shall be final and conclusive.

(e) Dedication of Time: BUSTI’S Assessor shall devote at least 3 (three) days per week to BUSTI and CARROLL’s assessing and shall be present at the BUSTI / CARROLL Assessor’s Offices or in the field for its benefit for such time period

(4) Resources:

(a) Office Expenses: Unless otherwise set out herein, CARROLL shall furnish all postage and NYS Office of Real Property Services required assessor software to provide assessing services for CARROLL. Assessor and staff shall furnish their own automobile and only be reimbursed for necessary mileage incurred after having first reported to the CARROLL Assessor’s Office.

(b) Individual Ownership: BUSTI shall retain title to all property which it has acquired in the operation of its assessing department, and which it hereafter acquires during the term of this Agreement, to fulfill its obligations under this Agreement.

(c) Expenses to be paid by CARROLL: CARROLL shall pay any and all costs associated with providing it and BUSTI’s Assessor with a computerized printing of CARROLL’s assessment roll and any and all incidental charges for notebooks, delivery and revision to such printed roll. CARROLL shall also bear any and all costs for any postage for notices required to be sent to owners of property located within the Town of CARROLL relative to any change in assessment and the cost of any publication of any and all notices required by law to be published relative to the preparation of the assessment roll.

(d) Liabilities of CARROLL: CARROLL shall bear all liabilities associated with any erroneous, illegal, or inappropriate assessment made by BUSTI’s Assessor while performing his duties pursuant to this Agreement, and shall hold BUSTI harmless with respect thereto.

Similarly, CARROLL, shall pay any and all costs associated with any re-evaluation of CARROLL property ordered by any Court or which may be ordered by the Town Board of CARROLL, on any and all real property located within CARROLL. Additionally, CARROLL shall be solely responsible for any and all legal expenses incurred in defending any litigation which way accrue as a result of any assessment imposed by Assessor and/or the Board of Assessment Review of CARROLL, and shall further pay any and all costs associated with any appraisal of real property located in CARROLL ordered by BUSTI’s Assessor, after consultation with the Town Board of CARROLL, to supplement any assessment determination made by BUSTI’s Assessor.

(e) Records of CARROLL: All assessing records of CARROLL shall be maintained at, and all assessing functions of CARROLL shall be conducted by BUSTI’s Assessor at Assessor’s Office, 125 Chautauqua Avenue, Lakewood, New York, 14750, during regular office hours.

(f) Designation of Assessor: The Assessor of BUSTI shall by resolution of CARROLL Town Board be designated as CARROLL’s Assessor.

(4)  Fees:

(a) Total Sum: CARROLL shall pay to BUSTI the annual sum of sixteen thousand, five hundred thirty-eight dollars ($16,538.00) for providing Assessor pursuant to this Agreement.

(b) Manner of Payment: CARROLL shall pay BUSTI eight thousand, two hundred sixty-nine dollars ($8,269.00) on February 1, 2022, and the same amount on July 1, 2022

(c) Delinquency: In the event that CARROLL does not make payment within ten (10) days after the date due, BUSTI may terminate this Agreement. CARROLL shall be liable for Assessor’s services rendered to the time of termination on prorated basis.

(d) Term: The term of this Agreement shall be for a period of 12 months, commencing on January 1, 2022, and continuing to December 31, 2022.

(e) Either party may elect to discontinue this agreement with no less than ninety (90) days written notice to the other party.

(6)  Authorization: This Agreement is made and executed pursuant to a resolution of the Town Boards of the Town of BUSTI adopted on January 3, 2022 and Town of CARROLL adopted on January ____, 2022

(7)  Execution: The parties hereto have executed this Agreement the day and year first above written.

 

 

TOWN OF CARROLL

By:       _______________________________

Supervisor

Town of busti

By:       _______________________________

Supervisor

[acknowledgements follow on next page]

STATE OF NEW YORK                      )

COUNTY OF CHAUTAUQUA            )           ss.:

On the _____ day of ___________, 2022, before me personally appeared Russell Payne, to me known, who being duly by me duly sworn did depose and say that he resides in Carroll, New York; that he is the Supervisor of the Town of Carroll, the corporation described in and which executed the within instrument, and that he signed his name thereto by authority of the Town Board of said Corporation.

__________________________

Notary Public

STATE OF NEW YORK                      )

COUNTY OF CHAUTAUQUA            )           ss.:

On the _____ day of ___________, 2022 before me personally appeared Jesse M. Robbins, to me known, who being duly by me duly sworn did depose and say that he resides in Busti, New York, and that he is the Supervisor of the Town of Busti, the corporation described in and which executed the within instrument, and that he signed his name thereto by authority of the Town Board of said Corporation.

__________________________

Notary Public

 

TOWN OF ELLICOTT ASSESSING AGREEMENT

THIS AGREEMENT made and entered into this 1st day of January, 2022 by and between:

THE TOWN OF ELLICOTT, 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 “ELLICOTT “,

and

THE TOWN OF BUSTI, a municipal corporation as defined by the aforesaid statute, party of the second part, hereinafter referred to as “BUSTI“.

WITNESSETH:

WHEREAS, BUSTI is empowered and required to have an Assessor in accordance with the provisions of the Town Law, Section 20, of the State of New York, and presently contains in the office of the Assessor, a single appointed Assessor, and

WHEREAS, ELLICOTT is empowered to name and designate an Assessor pursuant to the same statute; and

WHEREAS, ELLICOTT is empowered to enter into an agreement on contractual basis with BUSTI for the provision by BUSTI of an Assessor to ELLICOTT pursuant to Section119-0 of the General Municipal Law of the State of New York, subject to approval by both the Town Board of BUSTI and the Town Board of  ELLICOTT;  and

WHEREAS, the following provisions have been duly approved by a majority vote of the Town Board of BUSTI and by a majority vote of the Town Board of the Town of ELLICOTT, the parties hereto agree as follows:

(1)  Statement of Agreement: BUSTI agrees to provide its Assessor and Appraiser to ELLICOTT during the term of this Agreement, and ELLICOTT agrees to engage BUSTI by and through its Assessor and Appraiser to provide such service in accordance with the subject to the terms of this Agreement. It is understood that where the Assessor is referred to throughout this Agreement with regard to specific services, such work may be provided by the Appraiser working in conjunction with the Assessor.

(2)  Legal Basis: This Agreement is authorized pursuant to and by Article 5-G, Section 119-0, of the General Municipal Law of the State of New York.

(3)  Delivery of Services:

(a) Service Area: BUSTI shall provide an Assessor to assess all real property located within the Town of ELLICOTT.

(b) Assessing Responsibilities: The Assessor of BUSTI shall provide ELLICOTT an assessment roll in accordance with the provisions of the Town and Real Property Tax Law. As part of his duties, assessor shall supervise town-wide revaluations every year on the Annual Reassessment program, review and advise the Town Board and Town Attorney concerning any tax certiorari suits commenced against the Town, and furnish a monthly written report, if requested, on the activities and status of matters in the assessor’s office. Additionally, BUSTI’s Assessor shall attend any and all meetings of the Board of Assessment Review of ELLICOTT, as ELLICOTT shall require, and at such meetings submit all such information as may be necessary to support any assessment or assessments determined by BUSTI’s Assessor which may be under review by ELLICOTT’s Board of Assessment Review. Assessor shall not routinely be required to attend Town Board meetings.

(c) Personnel Policies: Planning, organization, scheduling, direction, supervision of the BUSTI Assessor, any and all other matters in and to the delivery of assessing services to ELLICOTT shall be determined by the Town Board of BUSTI. The Town Board of BUSTI and its Assessor shall retain exclusive activities over the personnel of BUSTI working in and for ELLICOTT.

(d) Dispute Resolution: Any conflict between the parties concerning the extent or manner of the performance of assessing service delivered to ELLICOTT not set out in the agreement shall be resolved by the Town Board of BUSTI whose decision shall be final and conclusive.

(e) Dedication of Time: BUSTI’S Assessor shall devote at least 3 (three) days per week to BUSTI and ELLICOTT’s assessing and shall be present at the BUSTI / ELLICOTT Assessor’s Offices or in the field for its benefit for such time period.

(4) Resources:

(a) Office Expenses: Unless otherwise set out herein, ELLICOTT shall furnish all postage and NYS Office of Real Property Services required assessor software to provide assessing services for ELLICOTT. Assessor and staff shall furnish their own automobile and only be reimbursed for necessary mileage incurred after having first reported to the ELLICOTT Assessor’s Office.

(b) Individual Ownership: BUSTI shall retain title to all property which it has acquired in the operation of its assessing department, and which it hereafter acquires during the term of this Agreement, to fulfill its obligations under this Agreement.  ELLICOTT shall retain ownership of all computer equipment and software purchased by the Town of ELLICOTT during the term of this AGREEMENT.

(c) Expenses to be paid by ELLICOTT: ELLICOTT shall pay any and all costs associated with providing it and BUSTI’s Assessor with a computerized printing of ELLICOTT’s assessment roll and any and all incidental charges for notebooks, delivery and revision to such printed roll. ELLICOTT shall also bear any and all costs for any postage for notices required to be sent to owners of property located within the Town of ELLICOTT relative to any change in assessment and the cost of any publication of any and all notices required by law to be published relative to the preparation of the assessment roll.

(d) Liabilities of ELLICOTT: ELLICOTT shall bear all liabilities associated with any erroneous, illegal, or inappropriate assessment made by BUSTI’s Assessor while performing his duties pursuant to this Agreement, and shall hold BUSTI harmless with respect thereto.

Similarly, ELLICOTT, shall pay any and all costs associated with any re-evaluation of ELLICOTT property ordered by any Court or which may be ordered by the Town Board of ELLICOTT, on any and all real property located within ELLICOTT. Additionally, ELLICOTT shall be solely responsible for any and all legal expenses incurred in defending any litigation which way accrue as a result of any assessment imposed by Assessor and/or the Board of Assessment Review of ELLICOTT, and shall further pay any and all costs associated with any appraisal of real property located in ELLICOTT ordered by BUSTI’s Assessor, after consultation with the Town Board of ELLICOTT, to supplement any assessment determination made by BUSTI’s Assessor.

(e) Records of ELLICOTT: All assessing records of ELLICOTT shall be maintained at the Town of Ellicott offices, 215 South Work Street, Falconer, New York 14733, but all assessing functions of ELLICOTT shall be conducted by BUSTI’s Assessor at Assessor’s Office, 125 Chautauqua Avenue, Lakewood, New York 14750, during regular office hours, except for those performed by ELLICOTT’s Assessor Clerk.

(f) Designation of Assessor: The Assessor of BUSTI shall by resolution of ELLICOTT Town Board be designated as ELLICOTT’s Assessor.

(5)  Fees:

(a) Total Sum: ELLICOTT shall pay to BUSTI the sum of thirty-eight thousand five hundred eighty-eight dollars ($38,588.00) for providing Assessor pursuant to this Agreement.

(b) Manner of Payment: ELLICOTT shall pay BUSTI nineteen thousand, two hundred ninety-four dollars ($19,294.00) on February 7, 2022; and nineteen thousand, two hundred ninety-four  dollars ($19,294.00) on July 1, 2022.

(c) Delinquency: In the event that ELLICOTT does not make payment within ten (10) days after the date due, BUSTI may terminate this Agreement. ELLICOTT shall be liable for Assessor’s services rendered to the time of termination on prorated basis.

(d) Term: The term of this Agreement shall be for a period of 12 months, commencing on January 1, 2022, and continuing to December 31, 2022

(e) Either party may elect to discontinue this agreement with no less than ninety (90) days written notice to the other party.

(6)  Authorization: This Agreement is made and executed pursuant to a resolution of the Town Boards of the Town of BUSTI adopted on January 3, 2022 and Town of ELLICOTT adopted on January ____, 2022.

(7)  Execution: The parties hereto have executed this Agreement the day and year first above written.

 

TOWN OF ELLICOTT

 

By:          _______________________________

Supervisor

Town of busti

By:          _______________________________

Supervisor

[acknowledgements follow on next page]

STATE OF NEW YORK                      )

COUNTY OF CHAUTAUQUA                         )              ss.:

On the _____ day of ___________, 2022, before me personally appeared _______________________, to me known, who being duly by me duly sworn did depose and say that he resides in ELLICOTT, New York; that he is the Supervisor of the Town of ELLICOTT, the corporation described in and which executed the within instrument, and that he signed his name thereto by authority of the Town Board of said Corporation.

__________________________

Notary Public

STATE OF NEW YORK                      )

COUNTY OF CHAUTAUQUA                         )              ss.:

On the ____ of ____________, 2022, before me personally appeared Jesse M. Robbins, to me known, who being duly by me duly sworn did depose and say that he resides in Busti, New York, and that he is the Supervisor of the Town of Busti, the corporation described in and which executed the within instrument, and that he signed his name thereto by authority of the Town Board of said Corporation.

__________________________

Notary Public

HARMONY ASSESSING AGREEMENT

THIS AGREEMENT made and entered into this 1^st day of January, 2022, by and between:

THE TOWN OF HARMONY, 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 as “HARMONY”,

and,

THE TOWN OF BUSTI, a municipal corporation as defined by the aforesaid statute, party of the second part, hereinafter referred to as “BUSTI”.

WITNESSETH:

WHEREAS, BUSTI is empowered and required to have an Assessor in accordance with the provisions of the Town Law, Section 20, of the State of New York, and presently contains in the office of the Assessor, a single appointed Assessor, and

WHEREAS, HARMONY is empowered to name and designate an Assessor pursuant to the same statute; and

WHEREAS, HARMONY is empowered to enter into an agreement on contractual basis with BUSTI for the provision by BUSTI of an Assessor and assessing services to HARMONY pursuant to Section 119-0 of the General Municipal Law of the State of New York, subject to approval by both the Town Board of BUSTI and the Town Board of HARMONY; and

WHEREAS, the following provisions have been duly approved by a majority vote of the Town Board of BUSTI and by a majority vote of the Town Board of the Town of HARMONY, the parties hereto agree as follows:

(1).  Statement of Agreement:  BUSTI agrees to provide its Assessor, Assessor Clerk, and Appraiser to HARMONY during the term of this Agreement, and HARMONY agrees to engage BUSTI by and through its Assessor, Assessor Clerk, and Appraiser to provide assessing service in accordance with the subject to the terms of this Agreement. It is understood that where the Assessor is referred to throughout this Agreement with regard to specific services, such work may be provided by the Assessor Clerk and Appraiser working in conjunction with the Assessor.

(2).  Legal Basis:  This Agreement is authorized pursuant to and by Article 5-G, Section 119-0, of the General Municipal Law of the State of New York.

(3).  Delivery of Services:

(a)  Service Area:  BUSTI shall provide as Assessor to assess all real property located within the corporate limits of HARMONY.

(b)  Assessing Responsibilities:  The Assessor of BUSTI shall provide HARMONY an assessment roll in accordance with the provisions of the Town and Real Property Tax Law.  Additionally, BUSTI’s Assessor shall attend any and all meetings of the Board of Assessment Review of HARMONY, as Harmony shall require and at such meeting submit all such information as may be necessary to support any assessment or assessments determined by BUSTI’s Assessor which may be under review by HARMONY’s Board of Assessment Review.  The Assessor of BUSTI shall not be obligated to attend any other meetings of the Board of Trustees for the purpose of reviewing specific assessments or the character and quality of such assessments provided by such Assessor.

(c)  Personnel Policies:  Planning, organization, scheduling, direction, supervision of the BUSTI Assessor, any and all other matters in and to the delivery of assessing services to HARMONY shall be determined by the Town Board of BUSTI.  The Town Board of BUSTI and its Assessor shall retain exclusive activities over the personnel of BUSTI working in and for HARMONY.

(d)  Dispute Resolution:  Any conflict between the parties concerning the extent or manner of the performance of assessing service delivered to HARMONY shall be resolved by the Town Board of BUSTI whose decision shall be final and conclusive.

(4).  Resources:

(a)  Except as otherwise stipulated, BUSTI shall furnish all labor, equipment, facilities and supplies required to provide assessing services to HARMONY including offices, telephone services, labor, daily transactions, but excluding photographic expenses, postage, stationery, and long-distance telephone charges and mileage.

(b)  Individual Ownership:  BUSTI shall retain title to all property which it has acquired in the operation of its assessing department, and which it hereafter acquires during the term of this Agreement, to fulfill its obligations under this Agreement.

(c)  Expenses to be Paid by HARMONY:  HARMONY shall pay any and all costs associated with providing it and BUSTI’s Assessor with a computerized printing of HARMONY’s assessment roll and any and all incidental charges for notebooks, delivery and revision to such printed roll.  HARMONY shall also bear any and all costs for any postage for notices required to be sent to owners of property located within the Town of HARMONY relative to any change in assessment and the cost of any publication of any and all notices required by law to be published relative to the preparation of the assessment roll.

(d)  Liabilities of HARMONY:  HARMONY shall bear all liabilities associated with any erroneous, illegal, or inappropriate assessment made by BUSTI’s Assessor while performing his duties pursuant to this Agreement and shall hold BUSTI harmless with respect thereto.

Similarly, HARMONY, shall pay any and all costs associated with any re-evaluation of HARMONY’s property ordered by any Court or which may be ordered by the Town Board of HARMONY, on any and all real property located within HARMONY.  Additionally, HARMONY, shall be solely responsible for any and all legal expenses incurred in defending any litigation which may accrue as a result of any assessment imposed by Assessor and/or the Board of Assessment Review of HARMONY, and shall further pay any and all costs associated with any appraisal of real property located in HARMONY ordered by HARMONY’s Assessor, after consultation with the Town Board of HARMONY, to supplement any assessment determination made by BUSTI’s Assessor.

(e)  Records of HARMONY:  All assessing records of HARMONY shall be maintained at, and all assessing functions of HARMONY shall be conducted by BUSTI’s Assessor during his or her regular office hours at 125 Chautauqua Avenue, Lakewood, New York 14750.

(f)  Designation of Assessor:  The Assessor of BUSTI shall by resolution of HARMONY be designated as HARMONY’s Assessor.

(5).  Fees:

(a)  Total Sum:  HARMONY shall pay to BUSTI the annual sum of eight thousand two hundred, sixty-nine dollars ($8,269.00) for providing assessing services pursuant to this Agreement.

(b)  Manner of Payment:  HARMONY shall pay BUSTI four thousand, one hundred thirty-four dollars and fifty cents ($4,134.50), on February 1, 2022, and the same amount on July 1, 2022.

(c)  Delinquency:  In the event that HARMONY does not make payment within ten (10) days after the date due, BUSTI may terminate this Agreement.  HARMONY shall be liable for assessing services rendered to the time of termination on prorated basis.

(d)  Term:  The term of this Agreement shall be for a period of one year, commencing on January 1, 2022, and continuing to December 31, 2022.

(e) Either party may elect to discontinue this agreement with no less than ninety (90) days written notice to the other party.

(6).  Authorization:  This Agreement is made and executed pursuant to a resolution of the Town Board of the Town of BUSTI adopted on January 3, 2022.

(7).   Execution:  The parties hereto have executed this Agreement the day and year first above written.

TOWN OF HARMONY                                                TOWN OF BUSTI

By: __________________________                             By: ________________________

Supervisor                                                                  Supervisor

STATE OF NEW YORK                      )

COUNTY OF CHAUTAUQUA )           ss.:

On the _____ day of ___________, 2022 before me personally appeared John E. Brown, to me known, who being duly by me duly sworn did depose and say that he resides in Harmony, New York; that he is the Supervisor of the Town of Harmony, the corporation described in and which executed the within instrument, and that he signed his name thereto by authority of the Town Board of said Corporation.

__________________________

Notary Public

STATE OF NEW YORK                      )

COUNTY OF CHAUTAUQUA )           ss.:

On the _____ day of ___________, 2022 before me personally appeared Jesse M. Robbins, to me known, who being duly by me duly sworn did depose and say that he resides in Busti, New York, and that he is the Supervisor of the Town of Busti, the corporation described in and which executed the within instrument, and that he signed his name thereto by authority of the Town Board of said Corporation.

__________________________

Notary Public

TOWN OF KIANTONE ASSESSING AGREEMENT

THIS AGREEMENT made and entered into this 1st day of January, 2022, by and between:

THE TOWN OF KIANTONE, a municipal corporation as defined

by General Municipal Law, Section 110-N (a) of the State of New York, party of the first part, and hereinafter referred to as “KIANTONE”,

and

THE TOWN OF BUSTI, a municipal corporation as defined by the

aforesaid statute, party of the second part, hereinafter referred to as “BUSTI”.

WITNESSETH:

WHEREAS, BUSTI is empowered and required to have an Assessor in accordance with the provisions of the Town Law, Section 20, of the State of New York, and presently contains in the office of the Assessor, a single appointed Assessor, and

WHEREAS, KIANTONE is empowered to name and designate an Assessor pursuant to the same statute; and

WHEREAS, KIANTONE is empowered to enter into an agreement on contractual basis with BUSTI for the provision by BUSTI of an Assessor and assessing services to KIANTONE pursuant to Section 119-0 of the General Municipal Law of the State of New York, subject to approval by both the Town Board of BUSTI and the Town Board of KIANTONE; and

WHEREAS, the following provisions have been duly approved by a majority vote of the Town Board of Busti and by a majority vote of the Town Board of the Town of KIANTONE, the parties hereto agree as follows:

(1).  Statement of Agreement:  BUSTI agrees to provide its Assessor, Assessor Clerk, and Appraiser to KIANTONE during the term of this Agreement, and KIANTONE agrees to engage BUSTI by and through its Assessor, Assessor Clerk, and Appraiser to provide assessing service in accordance with the subject to the terms of this Agreement. It is understood that where the Assessor is referred to throughout this Agreement with regard to specific services, such work may be provided by the Assessor Clerk and Appraiser working in conjunction with the Assessor.

(2).  Legal Basis:  This Agreement is authorized pursuant to and by Article 4-G, Section 119-0, of the General Municipal Law of the State of New York.

(3).  Delivery of Services:

(a)  Service Area:  BUSTI shall provide an Assessor to assess all real property located in the within the corporate limits of KIANTONE.

(b)  Assessing Responsibilities:  The Assessor of BUSTI shall provide KIANTONE an assessment roll in accordance with the provisions of the Town and Real Property Tax Law.  Additionally, BUSTI’s Assessor shall attend any and all meetings of the Board of Assessment Review of KIANTONE, as KIANTONE shall require and at such meeting submit all such information as may be necessary to support any assessment or assessments determined by BUSTI’s Assessor which may be under review by Kiantone’s Board of Assessment Review.  The Assessor of BUSTI shall not be obligated to attend any other meetings of the Board of Trustees for the purpose of reviewing specific assessments or the character and quality of such assessments provided by such Assessor.

(c) Personnel Policies:  Planning, organization, scheduling, direction, supervision of the BUSTI Assessor, any and all other matters in and to the delivery of assessing services to KIANTONE shall be determined by the Town Board of BUSTI.  The Town Board of BUSTI and its Assessor shall retain exclusive activities over the personnel of BUSTI working in and for KIANTONE.

(d)  Dispute resolution:  Any conflict between the parties concerning the extent or manner of the performance of assessing service delivered to KIANTONE shall be resolved by the Town Board of BUSTI whose decision shall be final and conclusive.

(4).  Resources:

(a)  Except as otherwise stipulated, BUSTI shall furnish all labor, equipment, facilities and supplies required to provide assessing services to KIANTONE including offices, telephone services, labor, daily transactions, but excluding photographic expenses, postage, stationery, and long-distance telephone charges and mileage.

(b)   Individual Ownership:  BUSTI shall retain title to all property which it has acquired in the operation of its assessing department, and which it hereafter acquires during the term of this Agreement, to fulfill its obligations under this Agreement.

(c)  Expenses to be Paid by KIANTONE:  KIANTONE shall pay any and all costs associated with providing it and BUSTI’s Assessor with a computerized printing of KIANTONE’s assessment roll and any and all incidental charges for notebooks, delivery and revision to such printed roll.  KIANTONE, shall also bear any and all costs for any postage for notices required to be sent to owners of property located within the Town of KIANTONE relative to any change in assessment and the cost of any publication of any and all notices required by law to be published relative to the preparation of the assessment roll.

(d)   Liabilities of KIANTONE:  KIANTONE shall bear all liabilities associated with any erroneous, illegal, or inappropriate assessment made by BUSTI’s Assessor while performing his duties pursuant to this Agreement and shall hold BUSTI harmless with respect thereto.

Similarly, KIANTONE, shall pay any and all costs associated with any re-revaluation of KIANTONE’s property ordered by any Court or which may be ordered by the Town Board of KIANTONE, on any and all real property located within KIANTONE.  Additionally, KIANTONE shall be solely responsible for any and all legal expenses incurred in defending any litigation which may accrue as a result of any assessment imposed by Assessor and/or the Board of Assessment Review of KIANTONE, and shall further pay any and all costs associated with any appraisal of real property located in KIANTONE ordered by KIANTONE’S Assessor, after consultation with the Town Board of KIANTONE, to supplement any assessment determination made by BUSTI’s Assessor.

(e)  Records of KIANTONE:  All assessing records of KIANTONE shall be maintained at, and all assessing functions of KIANTONE shall be conducted by BUSTI’s Assessor during his or her regular office hours at 125 Chautauqua Avenue, Lakewood, New York 14750.

(f)  Designation of Assessor:  The Assessor of BUSTI shall by resolution of KIANTONE be designated as KIANTONE’s Assessor.

(4).  Fees:

(a)  Total Sum:  KIANTONE shall pay to BUSTI the annual sum of six thousand, two hundred eighty-four dollars ($6,284.00) for providing assessing services pursuant to this Agreement.

(b)  Manner of Payment:  KIANTONE shall pay BUSTI three thousand, one hundred forty-two dollars ($3,142.00) on March 1, 2022, and three thousand one hundred forty-two dollars ($3,142.00) on August 1, 2022.

(c) Delinquency: In the event that KIANTONE does not make payment

within ten 10) days after the date due, BUSTI may terminate this Agreement.  KIANTONE shall be liable for assessing services rendered to the time of termination on prorated basis.

(d)     Term:  The term of this Agreement shall be for a period of 12 months, commencing on January 1, 2022 and continuing to December 31, 2022.

(e) Either party may elect to discontinue this agreement with no less than ninety (90) days written notice to the other party.

(6).  Authorization:  This Agreement is made and executed pursuant to a resolution of the Town Board of the Town of BUSTI adopted on January 3, 2022 and the Town of KIANTONE on January ___, 2022.

(7).  Execution:  The parties hereto have executed this Agreement the day and year first above written.

TOWN OF KIANTONE                                            TOWN OF BUSTI

By: ___________________________              By:     _____________________________ Supervisor                                                               Supervisor

STATE OF NEW YORK                      )

COUNTY OF CHAUTAUQUA            )           ss.:

On the _____ day of ___________, 2022 before me personally appeared Joshua S. Ostrander,                                    to me known, who being duly by me duly sworn did depose and say that he resides in Town of Kiantone, New York; that he is the Supervisor of the Town of Kiantone, the corporation described in and which executed the within instrument, and that he signed his name thereto by authority of the Town Board of said Corporation.

__________________________

Notary Public

STATE OF NEW YORK                      )

COUNTY OF CHAUTAUQUA            )           ss.:

On the _____ day of ____________, 2022 before me personally appeared Jesse M. Robbins, to me known, who being duly by me duly sworn did depose and say that he resides in Busti, New York, and that he is the Supervisor of the Town of Busti, the corporation described in and which executed the within instrument, and that he signed his name thereto by authority of the Town Board of said Corporation.

__________________________

Notary Public

SHARED HIGHWAY SERVICES AGREEMENT

WHEREAS, pursuant to Section 119-o of the General Municipal Law, all municipalities have the power and authority to contract with other municipalities for the performance of certain functions including, but not limited to, Shared Highway Services, and;

WHEREAS, it is hereby determined that the Town of Busti and other municipalities have machinery and equipment which is not used during certain periods, and;

WHEREAS, it is determined that the Town of Busti and other municipalities often have materials and supplies on hand which are not immediately needed, and;

WHEREAS, it is hereby determined that by renting, borrowing, exchanging, leasing or maintaining highway machinery and equipment and the borrowing or lending of materials and supplies, the Town of Busti and other municipalities may avoid the necessity of purchasing certain needed highway machinery and equipment and the purchasing of or storing a large inventory of certain extra materials and supplies, thereby saving the taxpayers money, and;

WHEREAS, it is the intent of the Town of Busti to give the highway superintendent the authority to enter into arrangements with the persons serving in similar capacities in other municipalities without the necessity of obtaining approval of the town governing board prior to the making each of these individual arrangements, and;

WHEREAS, a standard contract has been prepared which is expected to be adopted and placed into effect in other municipalities, and will grant the person holding the position comparable to that of the head of the highway department, authority to make similar arrangements, and;

WHEREAS, it is hereby determined that it will be in the best interests of the Town of Busti to be a party to such shared services arrangements; now therefore be it

RESOLVED, that the chief executive officer of Town of Busti is hereby authorized to execute an agreement to participate in a Shared Highway Services Agreement with other municipalities in Chautauqua County, and be it further

RESOLVED, that the Highway Superintendent is authorized to request from participating municipalities and approve requests from participating municipalities, shared highway services pursuant to this Shared Highway Services Agreement.

1. For purposes of this contract, the following terms shall be defined as follows:

1. “Municipality” shall mean any city, county, town or village in Chautauqua County which has agreed to be bound by a contract for shared services or equipment similar in terms and effect with the contract set forth herein.

1. “Contract” shall mean the test of this agreement which is similar in terms and effect with comparable agreements, notwithstanding that each such contract is signed only by the chief executive officer of each participating municipality filing the same, and upon such filing each filing municipality accepts the terms of the contract to the same degree and effect as if each chief executive officer had signed each individual contract.

1. “Shared Service” shall mean any service provided by one municipality for another municipality that is consistent with the purposes of intent of this contract and shall include but not be limited to:

1. the renting, exchanging, or lending in highway machinery, tools, equipment, with or without operators;
2. the providing of a specific service;

• the maintenance of machinery or equipment.

1. “Superintendent” shall mean, in the case of a city, the head of the department of

public works; in the case of a county, the county superintendent of highways, or

the person having the power and authority to perform the duties generally

performed by county superintendent of highways, in case of a town, the town

superintendent of highways and/or superintendent of public works.

2. The undersigned municipality has caused this agreement to be executed and to bind itself to the terms of this contract and it will consider this contract to be applicable to any municipality which has approved a similar contract and filed such contract with the Chautauqua County Department of Law.

3. The undersigned municipality by this agreement grants unto the superintendent, the authority to enter into any shared service arrangements with any other municipality or other municipalities subject to the following terms and conditions.

1. The Town of Busti agrees to rent or exchange or borrow from any municipality any and all materials, machinery and equipment; with or without operators, which it may need for the purposes of the Town of Busti. The determination as to whether such machinery, with or without operators, is needed by the Town of Busti, shall be made by the superintendent. The value of the materials or supplies borrowed from another municipality under this agreement may be returned in the form of similar types and amounts of materials or supplies, or by the supply of equipment or the giving of services of equal value; to be determined by mutual agreement of the respective superintendents.

1. The Town of Busti agrees to rent, exchange or lend to any municipality any and all materials, machinery and equipment, with or without operators, which such municipality may need for its purposes. The determination as to whether such machinery or material is available for renting, exchanging, or lending shall be made by the superintendent. In the event, the superintendent determines that it will be in the best interests of the Town of Busti to lend to another municipality.  The value of supplies or materials loaned to another municipality may be returned to the Town of Busti, by the borrowing municipality in the form of similar types and amounts of materials or supplies, or by the use of equipment or receipt of services of equal value, to be determined by the respective superintendents.

1. The Town of Busti agrees to repair or maintain machinery or equipment for any municipality under terms that may be agreed upon by the superintendent, upon such terms as may be determined by the superintendent.

1. An operator of equipment rented or loaned to another municipality, when operating such equipment for the borrowing municipality, shall be subject to the direction and control of the superintendent of the borrowing municipality in relation to the manner in which the work is to be completed. However, the method by which the machine is to be operated shall be determined by the operator.

1. When receiving the services of an operator with a machine or equipment, the receiving superintendent shall make no request of any operator which would be inconsistent with any labor agreement. All machinery and the operator, for purposes of workers compensation, liability and any other relationship with third parties, shall be considered the machinery of, and the employee of, the municipality owning the machinery and equipment.

1. The lending municipality shall be liable for any negligent acts resulting from the operation of its machinery or equipment by its own operator.

1. Each municipality shall remain fully responsible for its own employees, including but not limited to salary, benefits and workers compensation.

4. In the event a municipality wishes to rent machinery or equipment from another municipality or in the event a municipality wishes to determine the value of such renting for the purposes of exchanging shared services or a comparable value, it is agreed that the value of the shared service shall be agreed upon in advance between the superintendents of each municipality.

5. In the event machinery or equipment is damaged or otherwise in need of repair while working for another municipality, the municipality owning the machinery or equipment shall be responsible to make or pay for such repairs.

6. In the event a dispute arises relating to any repair, maintenance or shared service, and such dispute cannot be resolved between the parties, such dispute may be resolved through mediation.

7. Any municipality, which is a party to this contract, may revoke such contract by filing a notice of such revocation with the Chautauqua County Department of Law. Upon the revocation of such contract, any outstanding obligations shall be submitted within thirty days of such revocation.

8. Any action taken by the superintendent pursuant to the provisions of this contract shall be consistent with the duties of such official and expenditures incurred shall not exceed the amounts set forth in the town budget for highway purposes.

9. The record of all transactions that have taken place as a result of the Town of Busti participating in the services afforded by this contract shall be kept by the superintendent and a statement thereof, in a manner satisfactory to the town governing board, shall be submitted to the town board annually, as determined by the board.

10. If any provision of this contract is deemed to be invalid or inoperative for any reason, that part may be modified by the municipalities which are a party to this contract to the extent necessary to make it valid and operative, or if it cannot be so modified, then severed, and the remainder of the contract shall continue in full force and effect as if the contract had been signed with the invalid portion so modified or eliminated.

11. This contract shall be reviewed each year by the Town of Busti. This contract shall become effective upon the execution and shall terminate only upon thirty (30) days written notice to the Chautauqua County Department of Law.

12. Copies of this contract shall be sent to the Chautauqua County Department of Law. No shared services shall be conducted by the superintendent except with the Superintendent of a municipality that has completed a shared services contract and has sent a copy thereof to the Chautauqua County Department of law.

IN WITNESS THEREOF, the said Town of Busti has by order of the town, caused these presents to be subscribed by the chief executive officer, and the seal of the town to be affixed and attested by the clerk thereof, this 4th day of January, 2010.

C&D Waste Addendum

The Shared Highway Services contract of Chautauqua County municipalities that is in effect as of July 1, 2013, is hereby amended to include the following provisions that will be applicable amongst and between those municipalities that have approved and executed this addendum.

1. Credits for Tipping Fees for C&D Waste.  Commencing with calendar year 2013, each participating town and village in the Shared Highway Services C&D Addendum shall receive an annual credit for tipping fees of eighty (80) tons of C&D waste at the County Landfill, including asbestos containing materials (ACM), which approximates the disposal tonnage for one (1) two-family home.  If choosing to participate in this addendum arrangement the cities of Jamestown and Dunkirk shall annually receive four (4) credits and two (2) credits, respectively.  The credit will not be available for C&D waste generated from structures that were previously owned and utilized for municipal purposes by the participating town, village, or city.

2. Use of Credits.  In order to obtain optimal use of the credits and minimize impact of the County landfill’s operations, each municipality shall be allowed to save its credits for a period of three (3) years and may “loan” its credit(s) to another municipality for a current project in exchange for future credits of equal value.  It will also be permissible for a municipality to exchange its credit for shared services assistance from another municipality under the Shared Highway Services agreement, but the credits cannot be “sold” for cash to another municipality.

3. Notice to County Landfill.  Participating municipalities shall be required to make a “reservation” for disposal of demolition material utilizing their credit(s) and/or acquired credit(s), and shall advise Landfill staff of the year and source of their credit(s) to be utilized.  The County should be notified at least two (2) weeks in advance of the desired date for disposal, and a longer period of notice should be planned where multiple credits are combined for one disposal event.  Participating municipalities shall follow the protocol steps attached hereto as Appendix A to arrange each disposal event.

 

4. Other.  Except as modified herein, all terms and conditions of the existing Shared Highway Services agreement shall remain in full force and effect.  This addendum shall become effective upon the execution, and copies of this addendum shall be filed with the Chautauqua County Department of Law.  No shared services or other activities pursuant to this addendum shall be conducted until the municipality has sent a copy thereof to the Chautauqua County Department of Law.

IN WITNESS THEREOF, the said Town of Busti has by order of the Town Board caused these presents to be subscribed by the Chief Executive Officer, and the seal of the Town of Busti to be affixed and attested by the Clerk thereof, this 19^th day of August, 2013.

Supervisor Robbins offered the following resolution which was duly seconded by Councilman Hanson:

RESOLVED, that Highway Superintendent Greg Johnson be authorized to spend town highway funds for 2022 in the amount of $1,479,700.00.

Upon roll call vote, 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 and the Highway Fund, Abstract No. 14 from warrant #6180 to and including warrant #726 in the amount of $41,777.62 and Abstract No. 1 from warrant #1 to and including warrant #7 in the amount of $2,890.33.

Upon roll call vote, all aye, carried.

 

Supervisor Robbins motioned to accept the December 6, 2021 Regular Meeting minutes; motion was duly moved by Councilman Brown.

All in favor, carried.

Councilman Hanson noted he, Supervisor Robbins, Town Clerk Nygren, and Bookkeeper Debbie Johnson met remotely with a representative from Baghat & Laurito-Bahgat, CPAs, P.C. to discuss use of the ARPA funds. They were told that there were recent changes in the spending requirements that opened up the use of the ARPA funds with the only restriction being the funds could not be used to add to the fund balance or to pay on debt.

Supervisor Robbins moved to adjourn the meeting at 9:25 p.m., motion was seconded by Councilman Gustafson.

Respectfully Submitted,

______________________________

Darlene H. Nygren, Town Clerk