REGULAR MEETING
November 7, 2022
A regular meeting of the Town Board of the Town of Busti was held on Monday, November 7, 2022 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 Todd Hanson
Councilman Paul Gustafson
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 Chief Chris DePonceau, Code Enforcement Jeff Swanson, Attorney Joel Seachrist, Graham Riggle, Gerri Mueller, Art Faix, Janet Chew, Andrew Dickson, Kevin Powell, Joel Davidson, Randy Conklin, Rich Longer – Twin Tiers Disc Golf Assoc., Kyle and Emily Crandall, Rob Hook, Jack Knowlton, Mike Culliton – Twin Tiers Disc Golf Assoc., Steve and Tess Waterson, and Andy Johnson – ecoStrategies.
Town Clerk Darlene Nygren reported her office has licensed 248 new dogs, renewed licenses for 93 dogs, and had 33 dogs reported gone or deceased since the beginning of the October 2022 Dog Enumeration. The Bicentennial Committee continues to finalize plans for the Kick-Off event on April 16, 2023, has been working on scheduling music for the week of the Carnival in September 2023, the Busti Fire Dept Auxilary has decided to only hold a pageant for Miss Busti, Norm Carlson is working on scheduling the following lectures on: Kate Stoneman, Packard Family, Paul Busti; and the Sherman Davis murders from 1894.
LBPD Chief DePonceau reported from 10/3 – 11/7 the department had 944 incidents including 229 business checks, 16 checks of well-being, 11 disorderly people, 12 domestic disputes, 10 larceny complaints, 27 motor vehicle accidents, 55 property checks, 34 shoplifting complaints, 10 suspicious situations, 74 vehicle stops, and 66 warrants – whether entered in the system or served. The speed trailer has been moved to 14 different locations and is now put away for the winter. Chief DePonceau handed out Trick or Treat candy to 322 kids on Halloween at the station.
Highway Superintendent Greg Johnson reported the department has been ditching and preparing for the winter, finishing up roadside mowing, Aaron Kier completed replacing the Lawson Park pavilion roof, and cleaning up trees. Superintendent Johnson met with Twin Tier Disc Golf along with Clerk Nygren, Councilman Andrews, and Councilman Brown.
Code Enforcement Officer Jeff Swanson stated his report was submitted to the board for their review. He is working on several “building without permits” violations, He and Councilman Brown attended a Floodplain seminar where he learned that in addition to be anchored down sheds now have to have dampers to allow water to flow through in a flood situation.
Jack Knowlton reported the Lakewood Fire Department had 119 incidents in September, 97 in October, and year to date total is 972 incidents. Councilman Gustafson noted Clerk Nygren sent the Town Board and Attorney Seachrist the current cemetery deed verbiage; Attorney Seachrist stated he reviewed the cemetery deed; he would like to make some minor changes but was confident that it was written in a manner that it is clear the town owns the property.
Attorney Joel Seachrist reported NYS DEC responded to the town’s FOIL request but had not responded to the town’s letter addressing the Floodplain audit. He will review the Busti Solar Project LLC Net Metering Credit Proposal before the December 5th Town Board meeting.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, the Town Board advertise for bids to upgrade the HVAC unit on the south half of the Administration building and replace the back steps at the Administration building per the engineer drawings. Bids should be submitted to the Town Clerk’s office no later than December 2, 2022 at noon.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted Don McCord met with him, Councilman Hanson, Planning Board members, and Comprehensive Plan Implementation Committee members to review the Zoning Code draft. He is amending the draft which will then be sent to the Planning Board for their approval
Supervisor Robbins noted it was 7:00 p.m. and motioned to open the Public Hearing, regarding the adoption of Local Law No. 7 for the year 2022, entitled “A Local Law Adopting Regulations for Cats”. Motion was seconded by Councilman Andrews.
All in favor, carried
Proof of publication was placed on file.
Kyle Crandall stated he had reviewed the law and compared it to the recent law passed by the Village of Mayville. He was concerned that the law limited who can trap, vaccinate, neuter, and then release the cats. Councilman Brown stated the town has been speaking to Little Angels and the passing of this law was a requirement prior to the town contracting with them.
Supervisor Robbins motioned to close the public hearing at 7:06 p.m., seconded by Councilman Gustafson.
All in favored, carried.
Supervisor Robbins moved the following resolution, which was duly moved by Councilman Brown.
RESOLVED, the Town Board of the Town of Busti adopt Local Law No. 7 of 2022 entitled “A Local Law Adopting Regulations for Cats”.
Upon roll call vote, all aye, carried.
Town of BUSTI
Local Law No. 7 for the year 2022
ADOPTING REGULATIONS FOR CATS
Be it enacted by the Town of Board of the Town of Busti, County of Chautauqua and State of New York, as follows:
SECTION 1. CAT REGULATIONS
A new Article II is hereby added to Section 175 of the Town of Busti Code, which shall provide as follows:
Article II. Cats.
- 175-20. Legislative Intent.
- The Town Board believes a local law addressing feral and community cats will reduce the population of free-roaming cats, reduce annoyance caused to some people by feral or community cats, positively affect the health and welfare of feral and community cats, and reduce the problems sometimes associated with feral or community cats.
- The trap-neuter-vaccinate-return (TNVR) method is the only proven mechanism to stabilize and/or reduce existing feral and community cat populations and address potential disease concerns. The Town of Busti endorses TNVR policies as the model to stabilize and/or reduce existing feral and community cat populations, which would address potential disease concerns and increase the quality of life for both the citizens of Busti as well as the feral and community cat populations. Recent research shows that when TNVR is not possible, leaving the feral and community cat population undisturbed provides the best alternative. Approval for an effective TNVR program with the alternative of leaving the feral and community cat population undisturbed when TNVR is not possible is desirable; and
- It is in the best interests of the Town of Busti to protect the health, safety, and welfare of feral and community cats as well as Busti residents by setting the following standards for management of feral and community cats.
- 175-21. Definitions.
As used in this Article, the following words shall have the following respective meanings:
AT LARGE – Not confined, outside an area of escape such as a pen, corral, yard, cage, house, vehicle, or other secure enclosure, unless otherwise under appropriate human control.
COLONY – A group of one or more community cats.
COMMUNITY CAT – Any cat that is
(1) homeless, stray, or at large, where the cat (a) has been socialized to people, or is less than five weeks old; (b) could become feral as connection with humans is farther removed; and (c) in the case of cats older than five weeks, has a good potential to quickly become domesticated once again; or
(2) feral, where the cat (a) is not socialized towards humans; (b) is born in the wild or is the offspring of an owned cat; or (c) is a formerly owned cat that has been abandoned; or
(3) A cat that lives in the community but is not owned by a human,
DOMESTICATED CAT – A cat that is social towards humans, that currently lives within the residence or on the property of a person or persons accepted as the cat’s owner, and that is considered appropriate as a companion for humans.
EAR TIPPING – A straight-line cutting of the tip of the left ear of a cat while the cat is anesthetized.
NEUTER – To permanently sterilize male cats to render them incapable of impregnating female cats by means of either surgery performed to remove the reproductive organs or chemical sterilization by which the cats are injected with a drug approved by the United States Food and Drug Administration for that purpose.
SPAY – To permanently sterilize female cats to prevent estrus (heat) cycles and eliminate their ability to become pregnant by means of either surgery performed to remove the ovaries and uterus or chemical sterilization by which the cats are injected with a drug approved by the United States Food and Drug Administration for that purpose.
STERILIZE – To spay or neuter a cat.
TRAP, NEUTER, VACCINATE, AND RETURN PROGRAM (TNVR) – A program in which community cats are humanely trapped, evaluated, vaccinated, sterilized, and ear tipped by a veterinarian and returned to the trap location with the intent of controlling or reducing feline population and reproduction.
VETERINARIAN – A person licensed to practice veterinary medicine in the State of New York.
- 175-22. General Policy.
- TNVR of community cats shall be legal in Town of Busti and interested citizens are encouraged to participate in and support TNVR activities on a voluntary basis.
- All persons who attempt to trap community cats for TNVR in Town of Busti should be familiar with the guidelines supported by regional and national feral and community cat organizations, as well as the American Veterinary Medical Association (AVMA), regarding appropriate methods of TNVR.
- Socialized cats and all kittens subject to TNVR shall be eligible to be, but not mandated to be, re-socialized and put up for adoption.
- An ear tipped cat received by local shelters shall be returned to the location where trapped unless veterinary care is required. A trapped ear tipped cat shall be released on site unless veterinary care is required.
- Animal control officers shall use appropriate opportunities to inform stakeholders about TNVR.
- Proof of ownership shall not be required to claim a community cat from a local shelter.
- 175-23. Implementation.
Animal control officers within the Town of Busti shall implement and administer this Article with the goal of reducing intakes and the eliminating humane destruction of cats via TNVR, in consultation with community cat welfare experts.
SECTION 2. VALIDITY AND SEVERABILITY
If any part or provision of this Local Law shall be declared invalid, void, unconstitutional or unenforceable by a court of law, all unaffected provisions hereof shall survive such declaration and this Local Law shall remain in full force and effect as if the invalidated portion had not been enacted.
SECTION 3. EFFECTIVE DATE
This Local Law shall take effect immediately upon it being filed in the office of the Secretary of State.
Supervisor Robbins asked Rich Long to present Twin Tier Disc Golf’s proposal to upgrade the Lawson Park course to a Class 1 course. Mr. Long reviewed the following proposal
The estimated total with the Tee Pads is $14,810.
Councilman Hanson moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, the Town of Busti approve using ARPA funds in the amount of $9,410 as stated in the above proposal to order the Disc Golf equipment with the understanding that the Town Board will work with Twin Tiers Disc Golf Association to develop a final design with a plan to install the complete course in the spring of 2023.
Upon roll call, all aye, carried.
Attorney Seachrist stated he would like to see the town and Twin Tiers sign a contract prior to the start of construction.
Supervisor Robbins noted it was 7:30 p.m. and motioned to open the Public Hearing on the 2023 Preliminary Budget. Motion was seconded by Councilman Andrews.
All in favor, carried
Proof of publication was placed on file.
No one present spoke on the 2023 Preliminary Budget.
Supervisor Robbins motioned to close the Public Hearing at 7:31 p.m., motion was seconded by Councilman Hanson.
Supervisor Robbins noted the following changes need to be make to the 2023 Preliminary Budget;
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, to approve the above changes to the 2023 Preliminary Budget as discussed.
Upon roll call vote, all aye, carried.
Supervisor Robbins stated due to the probable adjustment to the Chautauqua Mall assessment $12,000 needed to be transferred from the A Fund Balance to A1355.400, which will be used to finance the three-year refund that will be due to the mall.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, Supervisor Robbins be authorized transfer $12,000 from A Fund Balance to A1355.400 for the purpose of paying a three-year refund to Chautauqua Mall due to a court ordered adjustment in their assessment.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
REOLVED, Supervisor Robbins be authorized to transfer funds from the last quarter Sales Tax payment as follows: $200,000 to DB Fund Balance which will be used to purchase equipment with the 2023 Budget and $89,005 to B Fund. This is a one-time adjustment to the typical 50/50 split between B and DB funds from the quarterly sale tax payment.
Upon roll call vote, all aye, carried.
Supervisor Robbins state the proposed 2023 Budget makes the tax levy price per thousand flat for the 5th year. This budget uses more money from fund balance than in the past few years. The levy has increased $20,000 from 2022 to 2023, this increase is an indication that the town is keeping its spending under control in the midst of the rate of inflation this year. Councilman Gustafson stated he feels the town has made some good improvements this past year and is pleased that the tax rate has been able to remain flat.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti Town Board approve the 2023 Budget as amended.
Upon roll call vote, all aye, carried.
| ANNUAL BUDGET | ||||
| 2023 | ||||
| Appropriation | Estimated Revenues | Unexpended Balance | Amt to be Raised by Tax | |
| A- GENERAL FUND | 1,203,875.00 | 407,676.00 | 208,069.00 | 588,130.00 |
| TOWNWIDE | ||||
| B- GENERAL FUND | 675,965.00 | 555,300.00 | 48,000.00 | 72,665.00 |
| TOWN OUTSIDE | ||||
| DA- HIGHWAY | 15,000.00 | 0.00 | 15,000.00 | 0.00 |
| TOWNWIDE | ||||
| DB- HIGHWAY | 1,531,200.00 | 625,550.00 | 322,198.00 | 583,452.00 |
| TOWN OUTSIDE VILLAGE | ||||
| L- PUBLIC LIBRARY | 0.00 | 0.00 | 0.00 | 0.00 |
| TOTALS | 3,426,040.00 | 1,588,526.00 | 593,267.00 | 1,244,247.00 |
| SPECIAL DISTRICTS: | ||||
| SD Drainage District – Vukote | 2,000.00 | 2.00 | 998.00 | 1,000.00 |
| SD2 Drainage District #2 | 2,000.00 | 0.00 | 0.00 | 2,000.00 |
| SF Fire | 333,801.00 | 0.00 | 0.00 | 333,801.00 |
| SL1 Light 1 | 2,100.00 | 0.00 | 0.00 | 2,100.00 |
| SL2 Light 2 | 7,000.00 | 0.00 | 500.00 | 6,500.00 |
| SL3 Light 3 | 4,000.00 | 0.00 | 1,000.00 | 3,000.00 |
| SL4 Light 4 | 3,500.00 | 0.00 | 1,000.00 | 2,500.00 |
| SL5 Light 5 | 300.00 | 0.00 | 100.00 | 200.00 |
| SL6 Light 6 | 525.00 | 0.00 | 100.00 | 425.00 |
| SS Sewer | 19,000.00 | 0.00 | 2,000.00 | 17,000.00 |
| SW1 Water 1 | 0.00 | 0.00 | 0.00 | 0.00 |
| SW2 Water 2 | 0.00 | 0.00 | 0.00 | 0.00 |
| SW3 Water 3 | 101,340.00 | 0.00 | 18,940.00 | 82,400.00 |
| SW4 Water 4 | 90.00 | 0.00 | 90.00 | 0.00 |
| SW5 Water 5 | 12,785.00 | 0.00 | 1,785.00 | 11,000.00 |
| SW6 Water 6 | 0.00 | 0.00 | 0.00 | 0.00 |
| SW7A Water 7A | 8,678.00 | 0.00 | 1,610.00 | 7,068.00 |
| SW7B Water 7B | 8,309.00 | 0.00 | 1,309.00 | 7,000.00 |
| SW8 Water 8-South Main | 10,544.50 | 0.00 | 0.00 | 10,544.50 |
| TOTAL SPECIAL DISTRICTS: | 515,972.50 | 2.00 | 29,432.00 | 486,538.50 |
| GRAND TOTAL | 3,942,012.50 | 1,588,528.00 | 622,699.00 | 1,730,785.50 |
| GENERAL FUND ESTIMATED REVENUES | |
| A1001 Real Property Taxes | 588,130.00 |
| A1051 Sale of Property | 0.00 |
| A1081 Other Payments in Lieu | 20,780.00 |
| A1090 Interest and Penalties on Real Prop. Taxes | 0.00 |
| A1190 Franchises | 0.00 |
| A1255 Clerk Fees | 0.00 |
| A1560 Safety Inspection Fees | 0.00 |
| A2001 Park and Recreation Charges | 300.00 |
| A2025 Facility Charges | 0.00 |
| A2130 Refuse & Garbage | 85,000.00 |
| A2192 Charges for Cemetery Services | 0.00 |
| A2210 Tax & Assessment Services for Other Governments | 74,634.00 |
| A2401 Interest & Earnings | 300.00 |
| A2410 Rental Income | 1,000.00 |
| A2530 Game of Chance License | 10.00 |
| A2544 Dog Licenses | 4,000.00 |
| A2610 Fines & Forfeited Bail | 60,000.00 |
| A2611 Dog Redemption | 150.00 |
| A2650 Sale of Scrap-Excess Material | 1,500.00 |
| A2655 Sales, Other | 2.00 |
| A2680 Insurance Recoveries | 0.00 |
| A2701 Refunds of Prior Year’s Expenditures | 0.00 |
| A2770 Unclassified Revenue | 0.00 |
| A3001 State Revenue Sharing/Per Capita | 0.00 |
| A3005 Mortgage Tax | 160,000.00 |
| A3021 State Aid – Court Facilities | 0.00 |
| A3040 Real Property Tax Admin/STAR | 0.00 |
| A3820 Youth Programs | 0.00 |
| A5100 Five Corners Water Repayment from B | 0.00 |
| AS2130 Refuse & Garbage Charges | 0.00 |
| TOTAL ESTIMATED REVENUES | 995,806.00 |
| APPROPRIATED FUND BALANCE | 208,069.00 |
| TOTAL REVENUES & OTHER SOURCES | 1,203,875.00 |
| GENERAL FUND APPROPRIATION | |
| GENERAL GOVERNMENT SUPPORT | |
| A1010.1 Town Board Personal Services | 24,000.00 |
| A1010.4 Town Board Contractual Expense | 600.00 |
| A1110.1 Justice P. S. | 127,900.00 |
| A1110.2 Justice Equipment | 1,500.00 |
| A1110.4 Justices Cont. Exp | 15,000.00 |
| A1220.1 Supervisor P. S. | 20,000.00 |
| A1220.2 Supervisor Equipment | 500.00 |
| A1220.4 Supervisor Cont. Exp. | 33,000.00 |
| A1355.1 Assessor P. S. | 92,000.00 |
| A1355.2 Equipment | 500.00 |
| A1355.4 Cont.Exp. | 5,700.00 |
| A1410.1 Town Clerk P. S. | 102,000.00 |
| A1410.2 Town Clerk Equipment | 750.00 |
| A1410.4 Town Clerk Cont. Exp. | 8,500.00 |
| A1420.1 Attorney P. S. | 0.00 |
| A1420.4 Cont. Exp. | 6,000.00 |
| A1440.4 Engineer Cont. Exp. | 0.00 |
| A1620.2 Buildings Equipment | 10,000.00 |
| A1620.4 Buildings Cont. Exp. | 57,500.00 |
| A1620.401 Buildings Cont. Jt Rec | 0.00 |
| A1910.4 Unallocated Ins. | 35,000.00 |
| A1920.4 Municipal Assn. Due | 4,000.00 |
| A1950.4 Taxes & Assessments on Property – CONL | 10.00 |
| A1989.4 General Other Government Support | 0.00 |
| A1990.4 Contingent Account | 10,000.00 |
| A1997.201 Capital Improvements | 0.00 |
| TOTAL GENERAL GOVERNMENT SUPPORT | 554,460.00 |
| PUBLIC SAFETY | |
| A3310.2 Traffic Control Equipment | 0.00 |
| A3310.4 Traffic Control Cont. Exp. | 6,000.00 |
| A3510.1 Dog Control P.S. | 5,100.00 |
| A3510.2 Dog Control Equipment | 500.00 |
| A3510.4 Dog Control Cont. Exp. | 3,365.00 |
| A3620.4 Safety Inspection Cont. | 0.00 |
| A3650.1 Demo of Unsafe Bldgs P.S. | 0.00 |
| A3650.4 Demo of Unsafe Bldgs Cont. Exp | 0.00 |
| TOTAL PUBLIC SAFETY | 14,965.00 |
| TRANSPORTATION | |
| A5010.1 Supt. of Highways P.S. | 77,250.00 |
| A5010.2 Supt. of Highways Equipment | 500.00 |
| A5010.4 Supt. of Highways Cont. Exp. | 500.00 |
| A5132.2 Garage Equipment | 4,000.00 |
| A5132.4 Garage Cont. Exp. | 16,000.00 |
| A5182.4 Street Lighting Cont. Exp. | 15,000.00 |
| TOTAL TRANSPORTATION | 113,250.00 |
| ECONOMIC ASSISTANCE AND OPPORTUNITY | |
| A6410.2 Publicity Equipment | 0.00 |
| A6410.4 Publicity Cont. Exp. | 0.00 |
| A6460.4 Ind. Dev. Agency Cont. Exp. | 0.00 |
| TOTAL ECONOMIC ASSISTANCE AND OPPORTUNITY | 0.00 |
| CULTURE AND RECREATION | |
| A7110.1 Parks P.S. | 101,500.00 |
| A7110.2 Parks Equipment | 10,000.00 |
| A7110.4 Parks Cont. Exp. | 40,000.00 |
| A7410.4 Library Cont. Exp. | 0.00 |
| A7450.4 Museum Cont. Exp. | 250.00 |
| A7510.4 Historian Cont. Exp. | 0.00 |
| A7550.4 Celebrations Cont. Exp. | 60,000.00 |
| A7620.4 Adult Rec. Cont. Exp. | 0.00 |
| TOTAL CULTURE AND RECREATION | 211,750.00 |
| HOME AND COMMUNITY SERVICES | |
| A8010.100 Zoning P.S. | 3,000.00 |
| A8010.400 Zoning Contractual | 200.00 |
| A8090.4 Environmental Control Cont. Exp. | 10,000.00 |
| A8160.1 Refuse and Garbage P.S. | 0.00 |
| A8160.2 Refuse and Garbage Equipment | 800.00 |
| A8160.4 Refuse and Garbage Cont. Exp. | 98,000.00 |
| A8810.4 Cemeteries Contractual | 15,000.00 |
| TOTAL HOME AND COMMUNITY SERVICES | 127,000.00 |
| EMPLOYEE BENEFITS | |
| A9010.8 State Retirement | 48,000.00 |
| A9030.8 Social Security | 37,500.00 |
| A9040.800 Workers Compensation | 14,000.00 |
| A9050.0 Unemployment Insurance | 0.00 |
| A9055.8 Disability | 700.00 |
| A9060.8 Hospital and Medical Insurance | 77,000.00 |
| A9062.8 Retirement Other | 5,250.00 |
| TOTAL EMPLOYEE BENEFITS | 182,450.00 |
| INTERFUND TRANSFERS | |
| A9901.900 Transfers to Other Funds | 0.00 |
| TOTAL INTERFUND TRANSFERS | 0.00 |
| TOTAL APPROPRIATIONS | 1,203,875.00 |
| GENERAL FUND ESTIMATED REVENUES – TOWN OUTSIDE | |
| B1001 Real Property Taxes | 72,665.00 |
| B1120 Non-Property | 425,000.00 |
| B1190 Franchise Fees | 45,000.00 |
| B1540 Fire Inspection Fees | 400.00 |
| B1601 Departmental Income-Health Fees | 800.00 |
| B2110 Departmental Income – Zoning Fees | 15,000.00 |
| B2189 Other Hoome & Community Services | 4,000.00 |
| B2210 Gen’l Services, Inter Government | 40,000.00 |
| B2401 Interest and Earnings | 100.00 |
| B2507 Second Hand License | 0.00 |
| B2590 Permits (Specify) | 0.00 |
| B2750 State Revenue Sharing/Per Capita | 25,000.00 |
| B3001 State Aid – Per Capita | 0.00 |
| TOTAL REVENUES | 627,965.00 |
| APPROPRIATED FUND BALANCE | 48,000.00 |
| TOTAL REVENUES & OTHER SOURCES | 675,965.00 |
| GENERAL FUND APPROPRIATIONS – TOWN OUTSIDE | |
| B3120.4 Police Cont. | 495,000.00 |
| B3620.1 Fire Safety Inspection P.S. | 27,000.00 |
| B3620.4 Fire Safety Inspection Cont. Exp. | 1,000.00 |
| B7140.4 Playground/Rec. Cont. Exp. | 0.00 |
| B7320.4 Joint Rec. Cont. Exp. | 0.00 |
| B8010.1 Zoning P.S. | 60,000.00 |
| B8010.2 Zoning Equipment | 10,000.00 |
| B8010.4 Zoning Cont. Exp. | 8,000.00 |
| B8010.401 Zoning Cont. Exp. | 1,500.00 |
| B8020.1 Planning P.S. | 0.00 |
| B8020.4 Planning Cont. Exp. | 3,000.00 |
| B9010.8 Employee Benefits – NYS Retirement Insurance | 6,500.00 |
| B9030.8 Social Security | 6,000.00 |
| B9055.8 Disability Insurance | 65.00 |
| B9060.8 Health Insurance | 9,350.00 |
| B9062.8 Retirement Other | 550.00 |
| B9730.6 Debt Service BAN Principal | 41,500.00 |
| B9730.7 BAN Interest | 6,500.00 |
| B9901.1 Interfund Transfers P.S. – 5 corners water payment t | 0.00 |
| B9951.9 Other Uses | 0.00 |
| TOTAL APPROPRIATIONS | 675,965.00 |
| REVENUES – HIGHWAY | |
| DA1001 Real Property Taxes | 0.00 |
| DA2401 Interest Income | 0.00 |
| TOTAL REVENUES | 0.00 |
| APPROPRIATED FUND BALANCE | 15,000.00 |
| TOTAL REVENUES & OTHER SOURCES | 15,000.00 |
| HIGHWAY APPROPRIATIONS – TOWN WIDE | |
| DA5120.1 Personnel Services | 0.00 |
| DA5120.2 Capital Outlay | 0.00 |
| DA5120.4 Contractual | 15,000.00 |
| TOTAL APPROPRIATIONS | 15,000.00 |
| HIGHWAY REVENUES – TOWN OUTSIDE | |
| DB1001 Real Property Taxes | 583,452.00 |
| DB1120 Non-Property Tax Items Distributed by County | 425,000.00 |
| DB2401 Use of Money and Property Interest and Earnings | 300.00 |
| DB2650 Sale of Scrap | 0.00 |
| DB2665 Equipment Sale | 0.00 |
| DB2701 Refund of Prior Year Expenses | 0.00 |
| DB2750 State Revenu Sharing/per Capita | 25,000.00 |
| DB2770 Misc. Revenue | 250.00 |
| DB2801 Interfund Revenue | 0.00 |
| DB3501 Consolidated Highway | 175,000.00 |
| TOTAL REVENUES | 1,209,002.00 |
| APPROPRIATED FUND BALANCE | 322,198.00 |
| TOTAL REVENUES & OTHER SOURCES | 1,531,200.00 |
| HIGHWAY APPROPRIATIONS – TOWN OUTSIDE | |
| DB5110.1 Transportation P.S. | 180,000.00 |
| DB5110.4 Transportation Cont. Exp. | 386,000.00 |
| DB5112.2 Improvements Equipment/Cap. Outlay | 180,500.00 |
| DB5130.2 Machinery Equip./Cap. Outlay | 400,000.00 |
| DB5130.4 Machinery Cont. Exp. | 40,000.00 |
| DB5142.1 Snow Removal – Town Hwys P.S. | 135,000.00 |
| DB5142.4 Snow Removal – Town Hwys Cont. Exp. | 115,000.00 |
| DB9010.8 State Retirement | 20,000.00 |
| DB9030.8 Social Security | 20,000.00 |
| DB9055.8 Disability Insurance | 200.00 |
| DB9060.8 Hospital/Medical Insurance | 49,500.00 |
| DB9062.8 Retirement Other | 5,000.00 |
| TOTAL APPROPRIATIONS | 1,531,200.00 |
| DRAINAGE DISTRICT – VUKOTE – REVENUES | |
| SD1001 Real Property Taxes | 1,000.00 |
| SD2401 Interest and Earnings | 2.00 |
| TOTAL REVENUES | 1,002.00 |
| APPROPRIATED FUND BALANCE | 998.00 |
| TOTAL REVENUES & OTHER SOURCES | 2,000.00 |
| DRAINAGE DISTRICT – VUKOTE – APPROPRIATIONS | |
| SD8540.4 Drainage Cont. Exp. | 2,000.00 |
| SD9710.6 Bond Principal Pmt. | 0.00 |
| SD9710.7 Bond Interest Pmt. | 0.00 |
| SD9730.6 Debt Service BAN Principal | 0.00 |
| SD9730.7 Debt Service BAN Interest | 0.00 |
| TOTAL APPROPRIATIONS | 2,000.00 |
| DRAINAGE DISTRICT #2 REVENUES | |
| SD2-1001 Real Property Taxes | 2,000.00 |
| SD2-2401 Interest and Earnings | 0.00 |
| SD2-5031 Interfund Transfers | 0.00 |
| TOTAL REVENUES | 2,000.00 |
| APPROPRIATED FUND BALANCE | 0.00 |
| TOTAL REVENUES & OTHER SOURCES | 2,000.00 |
| DRAINAGE DISTRICT #2 APPROPRIATIONS | |
| SD2-8540.4 Cont. Exp. – Contract Hunting | 2,000.00 |
| SD2-9730.6 Debt Service BAN Principal | 0.00 |
| SD2-9730.7 Debt Service BAN Interest | 0.00 |
| TOTAL APPROPRIATIONS | 2,000.00 |
| FIRE PROTECTION REVENUES | |
| SF1001 Real Property Taxes | 333,801.00 |
| TOTAL REVENUES | 333,801.00 |
| FIRE PROTECTION APPROPRIATIONS | |
| SF3410.4 Fire Protection Cont. Exp. | 333,801.00 |
| TOTAL APPROPRIATIONS | 333,801.00 |
| LIGHTING DISTRICT #1 REVENUES | |
| SL1-1001 Real Property Taxes | 2,100.00 |
| SL1-2401 Interest and Earnings | 0.00 |
| TOTAL REVENUES | 2,100.00 |
| APPROPRIATED FUND BALANCE | 0.00 |
| TOTAL REVENUES & OTHER SOURCES | 2,100.00 |
| LIGHTING DISTRICT #1 APPROPRIATIONS | |
| SL1-5182.4 Transportation Street Lighting Cont. Exp. | 2,100.00 |
| TOTAL APPROPRIATIONS | 2,100.00 |
| LIGHTING DISTRICT #2 REVENUES | |
| SL2-1001 Real Property Taxes | 6,500.00 |
| SL2-2401 Interest and Earnings | 0.00 |
| TOTAL REVENUES | 6,500.00 |
| APPROPRIATED FUND BALANCE | 500.00 |
| TOTAL REVENUES & OTHER SOURCES | 7,000.00 |
| LIGHTING DISTRICT #2 APPROPRIATIONS | |
| SL2-5182.4 Transportation Cont. Exp. | 7,000.00 |
| TOTAL APPROPRIATIONS | 7,000.00 |
| LIGHTING DISTRICT #3 REVENUES | |
| SL3-1001 Real Property Taxes | 3,000.00 |
| SL3-2401 Interest & Earnings | 0.00 |
| TOTAL REVENUES | 3,000.00 |
| APPROPRIATED FUND BALANCE | 1,000.00 |
| TOTAL REVENUES & OTHER SOURCES | 4,000.00 |
| LIGHTING DISTRICT #3 APPROPRIATIONS | |
| SL3-5182.4 Transportation Cont. Exp. | 4,000.00 |
| TOTAL APPROPRIATIONS | 4,000.00 |
| LIGHTING DISTRICT #4 REVENUES | |
| SL4-1001 Real Property Taxes | 2,500.00 |
| SL4-2401 Interest and Earnings | 0.00 |
| TOTAL REVENUES | 2,500.00 |
| APPROPRIATED FUND BALANCE | 1,000.00 |
| TOTAL REVENUES & OTHER SOURCES | 3,500.00 |
| LIGHTING DISTRICT #4 APPROPRIATIONS | |
| SL4-5182.4 Transportation Cont. Exp. | 3,500.00 |
| TOTAL APPROPRIATIONS | 3,500.00 |
| LIGHTING DISTRICT #5 REVENUES | |
| SL5-1001 Real Property Taxes | 200.00 |
| SL5-2401 Interest and Earnings | 0.00 |
| TOTAL REVENUES | 200.00 |
| APPROPRIATED FUND BALANCE | 100.00 |
| TOTAL REVENUES & OTHER SOURCES | 300.00 |
| LIGHTING DISTRICT #5 APPROPRIATIONS | |
| SL5-5182.4 Transportation Cont. Exp. | 300.00 |
| TOTAL APPROPRIATIONS | 300.00 |
| LIGHTING DISTRICT #6 REVENUES | |
| SL6-1001 Real Property Taxes | 425.00 |
| SL6-2401 Interest and Earnings | 0.00 |
| TOTAL REVENUES | 425.00 |
| APPROPRIATED FUND BALANCE | 100.00 |
| TOTAL REVENUES & OTHER SOURCES | 525.00 |
| LIGHTING DISTRICT #6 APPROPRIATIONS | |
| SL6-5182.4 Transportation Cont. Exp. | 525.00 |
| TOTAL APPROPRIATIONS | 525.00 |
| SEWER DISTRICT REVENUES | |
| SS1001 Real Property Taxes | 17,000.00 |
| SS2122 Sewer Charges | 0.00 |
| SS2401 Interest and Earnings | 0.00 |
| TOTAL REVENUES | 17,000.00 |
| APPROPRIATED FUND BALANCE | 2,000.00 |
| TOTAL REVENUES & OTHER SOURCES | 19,000.00 |
| SEWER DISTRICT APPROPRIATIONS | |
| SS8120.2 Sewage Collecting System Equipment/Cap. Outlay | 0.00 |
| SS8120.4 Sewage Collecting System Cont. Exp. | 0.00 |
| SS8130.4 Sewage Treatment and Dispos. Cont. Exp. | 19,000.00 |
| TOTAL APPROPRIATIONS | 19,000.00 |
| WATER DISTRICT #1 REVENUES | |
| SW1-1001 Real Property Taxes | 0.00 |
| SW1-2401 Interest and Revenues | 0.00 |
| TOTAL REVENUES | 0.00 |
| APPROPRIATED FUND BALANCE | 0.00 |
| TOTAL REVENUES & OTHER SOURCES | 0.00 |
| WATER DISTRICT #1 APPROPRIATIONS | |
| SW1-9951.9 Interfund Transfers Cont. Exp. | 0.00 |
| TOTAL APPROPRIATIONS | 0.00 |
| WATER DISTRICT #2 REVENUES | |
| SW2-1001 Real Property Taxes | 0.00 |
| SW2-2144 Water Service Charges | 0.00 |
| SW2-2401 Interest and Earnings | 0.00 |
| TOTAL REVENUES | 0.00 |
| APPROPRIATED FUND BALANCE | 0.00 |
| TOTAL REVENUES & OTHER SOURCES | 0.00 |
| WATER DISTRICT #2 APPROPRIATIONS | |
| SW2-9951.9 Other Uses | 0.00 |
| TOTAL APPROPRIATIONS | 0.00 |
| WATER DISTRICT #3 REVENUES | |
| SW3-1001 Real Property Taxes | 82,400.00 |
| SW3-2144 Water Service Charges | 0.00 |
| SW3-2401 Interest and Earnings | 0.00 |
| TOTAL REVENUES | 82,400.00 |
| APPROPRIATED FUND BALANCE | 18,940.00 |
| TOTAL REVENUES & OTHER SOURCES | 101,340.00 |
| WATER DISTRICT #3 APPROPRIATIONS | |
| SW3-9710.6 SW3 Serial Bond Principal | 30,000.00 |
| SW3-9710.7 SW3 Serial Bond Interest | 14,000.00 |
| SW3-9710.8 SW3 Serial Bond Principal | 47,340.00 |
| SW3-9710.9 SW3 Serial Bond Interest | 5,000.00 |
| SW3-9730.6 SW3 BAN Principal | 0.00 |
| SW3-9730.7 SW3 BAN Interest | 0.00 |
| SW3-9551.9 Other Uses | 5,000.00 |
| TOTAL APPROPRIATIONS | 101,340.00 |
| WATER DISTRICT #4 REVENUES | |
| SW4-1001 Real Property Taxes | 0.00 |
| SW4-2401 Interest and Revenue | 0.00 |
| TOTAL REVENUES | 0.00 |
| APPROPRIATED FUND BALANCE | 90.00 |
| TOTAL REVENUES & OTHER SOURCES | 90.00 |
| WATER DISTRICT #4 APPROPRIATIONS | |
| SW4-9951.9 Interfund Transfers – Other Uses | 90.00 |
| TOTAL APPROPRIATIONS | 90.00 |
| WATER DISTRICT #5 REVENUES | |
| SW5-1001 Real Property Taxes | 11,000.00 |
| SW5-2401 Interest and Earnings | 0.00 |
| TOTAL REVENUES | 11,000.00 |
| APPROPRIATED FUND BALANCE | 1,785.00 |
| TOTAL REVENUES & OTHER SOURCES | 12,785.00 |
| WATER DISTRICT #5 APPROPRIATIONS | |
| SW5-8397.4 Water Equipment Cont. Exp. | 0.00 |
| SW5-9710.1 SW5 Serial Bond Principal | 11,885.00 |
| SW5-9710.2 SW5 Serial Bond Interest | 900.00 |
| SW5-9730.6 SW5 BAN Principal | 0.00 |
| SW5-9730.7 SW5 BAN Interest | 0.00 |
| SW5-9901.1 Payback to Other Funds | 0.00 |
| TOTAL APPROPRIATIONS | 12,785.00 |
| WATER DISTRICT #6 REVENUES | |
| SW6-1001 Real Property Taxes | 0.00 |
| SW6-2401 Interest and Earnings | 0.00 |
| TOTAL REVENUES | 0.00 |
| APPROPRIATED FUND BALANCE | 0.00 |
| TOTAL REVENUES & OTHER SOURCES | 0.00 |
| WATER DISTRICT #6 APPROPRIATIONS | |
| SW6-9730.6 SW6 BAN Principal | 0.00 |
| SW6-9730.7 SW6 BAN Interest | 0.00 |
| SW6-9951.9 Water District #6 Contractual | 0.00 |
| TOTAL APPROPRIATIONS | 0.00 |
| WATER DISTRICT #7A REVENUES | |
| SW7A-1001 Real Property Taxes | 7,068.00 |
| SW7A-2401 Interest and Earnings | 0.00 |
| TOTAL REVENUES | 7,068.00 |
| APPROPRIATED FUND BALANCE | 1,610.00 |
| TOTAL REVENUES & OTHER SOURCES | 8,678.00 |
| WATER DISTRICT #7A APPROPRIATIONS | |
| SW7A-9710.1 SW7A Serial Bond Principal | 8,068.00 |
| SW7A-9710.2 SW7A Serial Bond Interest | 610.00 |
| SW7A-9730.6 SW7A BAN Principal | 0.00 |
| SW7A-9730.7 SW7A BAN Interest | 0.00 |
| SW7A-9901.90 Payback to Other Funds | 0.00 |
| SW7A-9951.9 Water 7A Other Uses | 0.00 |
| TOTAL APPROPRIATIONS | 8,678.00 |
| WATER DISTRICT #7B REVENUES | |
| SW7B-1001 Real Property Taxes | 7,000.00 |
| SW7B-2144 Water Service Charges | 0.00 |
| SW7B-2401 Interest and Earnings | 0.00 |
| TOTAL REVENUES | 7,000.00 |
| APPROPRIATED FUND BALANCE | 1,309.00 |
| TOTAL REVENUE & OTHER SOURCES | 8,309.00 |
| WATER DISTRICT #7B APPROPRIATIONS | |
| SW7B-9710.1 SW7B Serial Bond Principal | 7,709.00 |
| SW7B-9710.2 SW7B Serial Bond Interest | 600.00 |
| SW7B-9730.6 Water 7B BAN Principal | 0.00 |
| SW7B-9730.7 Water 7B BAN Interest | 0.00 |
| Sw7B-9901.9 Payback to Other Funds | 0.00 |
| SW7B-9981.9 Other Uses | 0.00 |
| TOTAL APPROPRIATIONS | 8,309.00 |
| WATER DISTRICT #8 – SOUTH MAIN – REVENUES | |
| SW8-1001 Special Assessments | 10,544.50 |
| SW8-2144 Water Hookups | 0.00 |
| SW8-2401 Interest & Earnings | 0.00 |
| TOTAL REVENUES | 10,544.50 |
| APPROPRIATED FUND BALANCE | 0.00 |
| TOTAL REVENUE & OTHER SOURCES | 10,544.50 |
| WATER DISTRICT #8 – SOUTH MAIN – APPROPRIATIONS | |
| SW8-9710.600 Bond Principal Payment | 0.00 |
| SW8-9710.700 Bond Interest Payment | 0.00 |
| SW8-9730.600 BAN Principal | 9,285.50 |
| SW8-9730.700 BAN Interest | 1,259.00 |
| SW8-9951.900 Other Uses | 0.00 |
| TOTAL APPROPRIATIONS | 10,544.50 |
Supervisor Robbins stated the Office of the State Comptroller annually rates municipalities of their fiscal and economic stress, with zero being perfect and 100 poorest. Any rating under twenty-five is considered good. The rating for the town when he became supervisor was not considered good. The recent ratings have ranged from nineteen to the current rating of zero. He credits the entire board and the other elected officials for the perfect rating.
Andy Johnson, ecoStrategies, presented his proposal for the Vukote Retaining Wall project. Chapter 392 of the Town’s code gives the Code Enforcement Officer the authority to enforce the construction, maintenance, and repair to these walls in the canal. He handed out maps that show there are between 80 and 100 homes on the canal, the canal is about 3,300 feet long with two sides making a total of 6,600 linear feet which is a little over a mile of wall to be looked at. After assessing the condition of the wall, he believes the majority of the wall is in good satisfactory condition, but he did see a few areas of concern. The object his job would be to be an objective 3rd party to look at the canal as a whole and then make some recommendations based on the Town Code. He is envisioning a priority ranking with walls that need immediate attention to other walls that will need repaired in five to ten years and other walls that are in good condition and wouldn’t need attention in the near future. Mr. Johnson is a water and environmental engineer and has worked on retaining wall projects some being in the Vukote area. He will collaborate with Pete Radka, who specializes in structural engineering. The two engineers will look at the project together and do a thorough site walk, using a map and the property owners’ names. They would take photos of the walls and give them a priority ranking. His is proposing a budget of about $5,000 which includes the cost of the structural engineer. Councilman Hanson asked if there was anything else that Mr. Johnson would recommend the town look at, such as the depth of the canal that should be done while the wall assessment is being done. Mr. Johnson stated he will be looking at the depths and is pretty familiar with the depths of the canal. Superintendent Johnson stated the Highway Department has had to clean out the canal openings every year and that area seems very shallow. Discussion followed regarding dredging which was not included in the project proposal. Mr. Johnson did not include it in the scope but would be able to add dredging with an additional cost of $1,000.
Councilman Hanson moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, the Town of Busti Supervisor Robbins be authorized to sign an amended contract with e ecoStrategies for $6,000 for the Vukote Retaining Wall project and to include a depth study.
Upon roll call vote, all aye, carried.
Attorney Seachrist stated he recommends the town send a letter to canal residents informing them of the assessment of the canal retaining walls and the possibility of the engineers needing land access to complete their study.
Councilman Andrews stated he, Highway Superintendent Johnson, and Town Clerk Nygren met with Donna Thompson, Integrated Benefits, to discuss the options for the 2023 Health Insurance package the town would offer to the employees. Ms. Thompson shared that Highmark BCBS will no longer cover retired employees; the town has offered retirees the opportunity to purchase their health insurance through the town. Therefore, the committee did not feel the Highmark could be an option. After reviewing all the options presented, the committee is recommending the town offer an option of three plans with Independent Health which are Passport Plan Local Platinum, Passport Plan Local Gold, and iDirect Gold Copay Option. They are recommending the town pay 85% of the premium for the platinum policy; and 90% of the two Gold policies with an HRA account equal to half of the plans deductible. These amounts are within the 10% Health Insurance increase included in the 2023 Budget.
Councilman Andrews moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, the Town of Busti offer employees the option of one of three plans through Independent Health which include Passport Plan Local Platinum, Passport Plan Local Gold, and iDirect Gold Copay Option; and the town pay 85% of the premium for the platinum policy; and 90% of the two Gold policies with an HRA account equal to half of the plans deductible.
Upon roll call vote, all aye, carried.
Councilman Hanson moved the following resolution which was duly moved by Supervisor Robbins:
RESOLVED, Town Clerk Nygren be authorized to submit the 2022 Attachments to National Grid Facilities Agreement to National Grid.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to set a public hearing on December 5, 2022 at 7:00 p.m. on the adoption of Local Law 8 of 2022 entitled “A Local Law Providing for the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code”, motion was seconded by Councilman Brown.
All in favor, carried.
Councilman Gustafson moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, Highway Superintendent Johnson be authorized to post “No Smoking” signs on all town property including the transfer station.
Upon roll call vote, all aye, carried.
Attorney Seachrist will review the current “No Smoking” to see if it needs to be updated.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, Laurie Sorg be authorized to be a consultant to the Assessor/Appraiser, paid by voucher at a pay rate yet to be determined.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, the Town of Busti accept the quotes from Fleet Maintenance, Inc. for the purchase of a 2024 model year Freightliner M2106 chassis as specified under the Town of Hornellsville award resolution dated 12/10/2018 for qualifying agencies or political subdivisions as set forth under New York State Municipal law section (102) “piggybacking” plus the “Henderson Equipment” for a total price of $216,040 and for the purchase of a 2024 model year 47X Western Star truck and chassis as specified under the Cattaraugus County award resolution dated 12/27/2019 for qualifying agencies or political subdivisions as set forth under New York State Municipal law section (102) “piggybacking” plus the “Henderson Equipment” for a total price of $270,714.
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. 11 from warrant #596 to and including warrant #699 in the amount of $99,901.81.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to accept the October 3, 2022 Regular Meeting minutes; motion was seconded by Councilman Brown.
All in favor, carried.
Councilman Brown attended the “Understanding Flood Management” class with CEO Swanson, there was discussion about wathersheds and floodplains. The town may be able to file a hardship with the Floodplain audit due to the surveyor on certain projects passing away.
Councilman Brown stated the Village of Lakewood has established a committee and hired legal counsel on Short Term Rentals The Village is willing to share with the town the template the Village creates in their law. Councilman Andrews stated he will be attending a webinar this Wednesday on Short-Term rentals.
Attorney Seachrist is reviewing 5G laws and will begin working on a Local Law for the town.
Supervisor Robbins noted it is his understanding Cummins Engine has begun building hydrogen engines that will be manufactured in the local plant. Attorney Seachrist recommends the town send a letter to Cummins asking them to keep the town informed on the development of manufacturing hydrogen engines.
Attorney Seachrist noted CS Energy has agreed to pay the town $50,000 for engineering review of their upcoming solar project.
Councilman Andrews reported CLA wanted to thank the town for their financial support and wanted to know what work has been done in the town. They spent 20 days cleaning harvesting in the town, 54 truck loads of material removed, they spent 27 days on town of Busti shoreline and took 88 large harvester loads of materials removed, estimated they removed 2,000,000 lbs of material in late May to late August, and assisted with the clean up in the canal as requested by the town.
Councilman Gustafson reported the next Chautauqua County Rehabilitation and Protection Committee meeting is November 17th 5-6:30 p.m. at the legislative chambers in Mayville.
Councilman Hanson moved the following resolution which was duly moved by Councilman Andrews:
REOLVED, donate $30,000 to Busti Fire Department to be assist with the cost of the purchase of a new ambulance and $15,000 to Busti Historical Society to be used towards any expense for the Bicentennial Celebration. The donated funds would come from the ARPA funds.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to adjourn the regular meeting at 8:55 p.m. which was duly moved by Councilman Brown.
All in favor, carried.
Respectfully Submitted, __________________________
Darlene H. Nygren, Town Clerk