REGULAR MEETING
February 6, 2023
A regular meeting of the Town Board of the Town of Busti was held on Monday, February 6, 2023 at 6:45 p.m., at the Town of Busti, Town Administration Building, 125 Chautauqua Avenue, Lakewood, New York, with the following members present:
Supervisor Jesse M. Robbins
Councilman Jim Andrews
Councilman Doug Brown
Councilman Paul Gustafson
Councilman Todd Hanson
Supervisor Robbins called the meeting to order with the salute to the flag and a moment of silence was observed.
Present at the meeting in person: Highway Superintendent Greg Johnson, Lakewood Busti Police Department Chief Chris DePonceau, Code Enforcement Officer Jeff Swanson, Busti Fire Department Chief Matt Stafford, Post Journal Reporter – Eric Tichy, Janet Stanek, and Rob Harbes.
Janet Stanek, Keller Road resident, requested to have a Dead End sign installed at the Route 394 – Fairmount Avenue/Keller Road intersection. Ms. Stanek stated cars end up driving down Keller Road and turning around in the driveway of the last home. Highway Superintendent Johnson will research where the sign can be legally moved. Ms. Stanek was also concerned about the lot next her residence; the lot is undeveloped due to a fire. The tall grass makes it difficult for boaters to see if there are boats coming in from the adjoining canal. She fears that the tall grass will also be a place attract rodents. The owners live in Orchard Park and do not maintain the property. Supervisor Robbins will ask Attorney Seachrist if he would send a letter to the owners asking them to keep the grass mowed. Lastly, Ms. Stanek inquired of where things stand with the assessment of the retaining walls in the Vukote/Keller Road canal area. Supervisor Robbins stated ecoStrategies presented a proposal late last year and the board voted to proceed with the project. The board has not received any update at this time. Clerk Nygren will contact Ms. Stanek when the town receives an update on the project.
Town Clerk Darlene Nygren reported her department has collected $5,052,565.42 for the 2023 County Town tax collection, the last day to pay without penalty was February 3, 2023 and collection now includes a 1% penalty through February 28, 2023. Clerk Nygren noted Mr. Fardink, member of Chautauqua County Chapter of Sons of the American Revolution, brought in a picture of the sign to be placed at Wellman Cemetery to acknowledge Patriot Burials. He will make arrangements with the town to have the sign installed and would like to hold a ceremony acknowledging the Patriots. Clerk Nygren informed the board the contract for the office copier with Ricoh expires on April 5, 2023; she has contacted Ricoh regarding the matter and was told – if the town is satisfied with the copier, the contract will automatically renew with a slight increase from $0.0700 to $0.077 per color copies and from $0.010800 to $0.0119 per B/W copies. Clerk Nygren noted that there are no issues with the current copier and she recommends allowing the contract to automatically renew at the new rates. Lastly, Clerk Nygren reported that Slone Melhuish agent, Randy Graham, has been informed by NYMIR that they will not renew the town’s current Cyber coverage without the installation of a Multi-Authenification feature on all laptops/computers that can be accessed with a different internet source. There are other cyber protection updates that also need to be completed but NYMIR is not requiring they be done prior to renewing the Cyber policy. Clerk Nygren contacted Eagle Zip regarding all the concerns; they suggested the town establish an agreement with them which will include periodic back-up checks and other cyber security protections. The following quote is for a 12 month Premium Managed IT Services Agreement. The Premium Managed IT Services Agreement is our most comprehensive service plan including unlimited telephone & remote support for day-to-day technology issues, remotely managed and monitored servers and workstations, antivirus and off-site backup protection for covered devices, plus our highest priority guaranteed response times and discounted labor rates for out-of-scope projects. The monthly contract cost is $400 making the yearly contract total is $4,800 which would be reduced to $4,656 if the contract is paid in a lump sum.
Councilman Hanson moved the following resolution which was duly moved by Councilman Gustaftson:
RESOLVED, Supervisor Robbins be authorized to sign a contract with Eagle Zip at a monthly cost of $400 and the town will make monthly payments.
Upon roll call vote, all aye, carried.
Clerk Nygren will contact Eagle Zip and request the Multi-Authentification feature be added before the current Cyber policy expires.
Lakewood Busti Police Chief Chris DePonceau reported 600 incidents from January 9, 2023 to February 6, 2023 which included 246 business checks, 11 checks for well-being, 6 disorderly people, 10 domestic disputes, 21 vehicle accidents, 4 peace officer complaints, 86 property checks, 11 responses to shop lifting complaints, 9 suspicious situations, 10 vehicle complaints, 15 parking complaints, 103 vehicle stops and the department has handled 29 warrants.
Highway Superintendent Greg Johnson reported he received two bids to replace the current highway garage four overhead doors. S.I. Overhead door sells a better-quality door with a better R rating; they have an expected delivery of 8-10 weeks. Their estimate was in the amount of $7,100 per door. The other bid received was from Plyler Entry Systems in the amount of $6,805 per door. Both bids include operators and doors. Discussion followed.
Councilman Hanson moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, Highway Superintendent be authorized to purchase four overhead doors and openers from S.I Overhead Door at a cost of $7,100 per door as quoted and paid with ARPA funds for a total of $28,400. Upon roll call vote, all aye, carried.
Councilman Hanson stated the town received three bids for the electrical upgrade at the Highway Garage, basically to install a new panel, new meter socket, disconnect, and run a sub-panel down to the end of the shop where the workbench is located. The prices came in from $10,950 up to $20,100 with similar scopes except for a couple of outlets. He recommends the town accept the lowest bid, the contractor is reputable.
Councilman Gustafson moved the following resolution which was duly moved by Supervisor Robbins:
RESOLVED, the town accept the estimate from Roger Alan Electrical Services, LLC to upgrade the Highway Garage electrical service in the amount of $10,950, which is the lowest of three estimates, and that it be paid with ARPA funds.
Upon roll call vote, all aye, carried.
Superintendent Johnson reported the single axel truck needed some work due to an EGR going bad and needed replaced. He took both EGRs to Erie to be tested, one was bad and the other was still working. They suggested both be replaced but he chose to only replace on, as they each would cost $4,000. This truck will be replaced with the new truck that has been ordered.
There was discussion regarding the 1-ton truck that was involved in an accident. The board recommended Superintendent Johnson begin looking for a replacement truck to be ready once the insurance adjuster gets back to him.
Code Enforcement Officer Jeff Swanson reported he was able to submit a number of packets for the items, cited in DEC’s Floodplain audit. One item needs a flood damper installed and he does not intend to address the bridge and pond that were cited. The responses were sent out on January 23, 2023. He is working on the annual report to submit to the Department of State. He noted building permit applications include the requirement of a flood elevation certificate, if the property is located in a floodplain. Mr. Swanson stated he had a resident inquire if the town would consider prorating the $110 transfer station fee. Discussion followed and the board agreed to continue with their previous decision to not prorate the fee until May and June; they feel the fee is less than what it would cost to take trash to the County land fill or Falconer transfer station.
Busti Fire Chief Matt Stafford reported the department had 24 incidents for January 2023 – including 18 EMS, 3 Fire, 2 MVA, and 2 service calls. Last year the month of January had 47 calls. The new ambulance has been ordered and it will be approximately a year before it is delivered. The billing for the ambulance service is going well. The department is continuing with mutual aid but is waiting on contracts to be permitted to officially bill for them. It will be one general contract for all departments.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti Town Board will reschedule the public hearings for Local Law 2 of 2023 “A LOCAL LAW ENACTING A MORATORIUM ON COMMERCIAL SOLAR ENERGY FACILITIES” and Local Law 3 of 2023 “ALOCAL LAW ENACTING A PROPERTY TAX EXEMPTION FOR VOLUNTEER FIREFIGHTERS AND AMBULANCE WORKES PURSUANT TO SECTION 466-a OF THE REAL PROPERTY TAX LAW” for March 6, 2023 at 7:00 p.m. (LL2 of 2023) and 7:15 p.m. (LL3 of 2023).
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly made by Councilman Brown:
BE IT RESOLVED, that the Town of Busti/30123 hereby established the following standard work days for the title and will report the official to New York State and Local Retirement based on their record of activities:
Todd M. Hanson – Town Councilman, Current Term 1/1/2022 – 12/31/2025, Standard Work Day – 6 hours, Record of Activities Result – 2.69 average of days worked per month.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLUTION AUTHORIZING SALE OF REAL PROPERTY ON HOAG ROAD TO ANDERS OHL FOR $1,500.00, SUBJECT TO PERMISSIVE REFERENDUM
WHEREAS, the Town owns, along with the Village of Lakewood, property on Hoag Road in the Town of Harmony designated on the official tax map as Section 401.00, Block 1, Lots 465 and 47, and
WHEREAS, the Anders Ohl has proposed to purchase an approximately 50’ x 1,524’ strip of land along the southern boundary of the said parcels,
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Busti, in regular session duly convened, does hereby authorize and direct the Supervisor to execute and deliver to Anders Ohl such instruments as are necessary to convey the said parcel for $1,505.00, with closing costs paid by they buyer, all being subject to permissive referendum as permitted by law.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted the town received notice from NYS unemployment that a former employee has filed to receive unemployment insurance from the town, the total cost to the town will be $3,597.46.
Councilman Andrews reported he, Highway Superintendent Johnson, and Town Clerk Nygren met with Slone Melhuish Account Executive, Randy Graham, to review the quote from NYMIR to renew the town’s liability insurance. The premium cost increase from approximately $32,000 to $35,000. Mr. Graham requested quotes from two other insurance companies and neither company was interested in quoting anything under $40,000.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti accept the quote of $35,285.80 plus fees from NYMIR for the Annual Liability Insurance Coverage.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, the Town of Busti Town Board authorize the following budget transfers effective December 31, 2022: transfer $12,958.77 from J909 to A7550.400 and $7,925.62 from L909 to A7550.400.
Upon roll call vote, all aye, carried.
Supervisor Robbins tabled the discussion on the letter received from James Johnson regarding exemption form property taxes for veterans until the March 6, 2023 Town Board meeting.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, Dog Control Officer Beth Moss be authorized to attend the ACCA Basic Animal Control Officer Certification Course on April 3-6, 2023 at Watkins Glen, NY.
Upon roll call vote, all aye, carried.
The board recommended Dog Control Officer Moss seek online training in the future when possible.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, the Town of Busti Town Board appoint Julie Fosberg as Planning Board Member effective immediately for a seven year term and Mike Higbee as Zoning Board of Appeals member effective April 2023 for a five year term.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, the Town of Busti Town Board approve donating $6,000 to the Busti Fire Department Auxiliary, per their request, to be used to repair their building on the Firemen’s Grounds and update some of their equipment. The funds would be taken from the ARPA funds.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted the Town Board received the 2022 Annual Report from Lakewood Fire Department.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustofson:
RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General Fund and the Highway Fund, Abstract No. 14 from warrant #785 to and including warrant #799 in the amount of $16,269.47 and Abstract No. 2 from warrant #019 to and including warrant #080 in the amount of $79,165.85.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to accept the January 9, 2023 Organizational Meeting and the January 30, 2023 Special Meeting minutes; motion was duly moved by Councilman Brown.
All in favor, carried.
Councilman Hanson reported he was meeting with National Grid on Friday to discuss and request a quote to install a dual DC fast charger in the front parking lot at 125 Chautauqua Avenue.
Councilman Gustafson reported he attended the Chautauqua County Rehabilitation and Protection meeting on January 19th which was largely attended with residents opposed to the creation of any lake district. Town of Chautauqua Town Supervisor motioned to abolish the CCRP committee and to no longer proceed as a committee, which was seconded by Town of North Harmony Town Supervisor. There were eleven members present; seven voted in favor of abolishing the committee and four opposed the motion.
Supervisor Robbins noted he received a letter from Jim Wehrfritz regarding some possible Missions and Goals for Chautauqua Lake maintenance.
Supervisor Robbins noted he attended a meeting on Saturday morning organized by Jim Wehrfritz to discuss the options for maintenance on Chautauqua Lake and who is responsible. Mr. Wehrfritz feels this is the last chance for the lake. There was discussion of developing a new organization that would be different than the manner of using the CLA, CLP, and the Chautauqua Lake and Watershed Association. Supervisor Robbins isn’t sure of the benefit or conflict of having another organization. The county budgets $800,000 budgeted at the county for clean water of which $420,000 is used towards salaries. There is $7,000,000 in ARPA funds for Clean Water that the county is currently sitting on. There is another meeting scheduled for February 18th at 9:00 a.m. and a legislative meeting on February 22nd that he would like a town board member to attend.
Matt Stafford inquired about the 94C project on Riverside Road and what is going to happen with the access for the fire departments, he would like to see the same type of access for both fire departments.
Supervisor Robbins moved to adjourn the regular meeting at 7:41 p.m. and enter the Annual Audit which was duly moved by Councilman Hanson.
All in favor, carried.
RESOLVED, that the Town of Busti Town Board met at 7:50 p.m. and completed an annual audit of accounts for the Town Clerk, Tax Collector, Justice Court, and Town Supervisor on February 6, 2023, and found such accounts to be true and correct.
Upon roll call vote,
Supervisor Jesse M. Robbins
Councilman Todd M. Hanson
Councilman James Andrews
Councilman Paul A. Gustafson
Councilman Douglas Brown
Resolution adopted.
The audit meeting adjourned at _8:30__p.m..
Date Audit Councilman
2/6/23 Town Clerk Councilman Hanson
2/6/23 Tax Collector Councilman Hanson
2/6/23 Town Supervisor/ Chief Fiscal Officer Councilman Andrews
Councilman Brown
2/6/23 Justice Court 1 Councilman Gustafson
2/6/23 Justice Court 2 Councilman Gustafson
Respectfully Submitted, __________________________
Darlene H. Nygren, Town Clerk