2024 Organizational Meeting - January 8, 2024

ORGANIZATION MEETING

January 8, 2024

The Organization Meeting of the Town of Busti was held on the 8^th day of January, 2024 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: Attorney Joel Seachrist, Code Enforcement Officer Greg Sykes, Busti Fire Department Chief Matt Stafford, Andy Johnson – ecoStrategies, LBPD Chief Chris DePonceau, and Code Enforcement Officer Jeff Swanson.

Town Clerk Darlene H. Nygren administered the oath of office to Supervisor Jesse M. Robbins, Councilman James Andrews, Councilman Paul A. Gustafson, and Superintendent Gregory Johnson. Note: Town Clerk Darlene Nygren administered the oath of office to Justice William Geary and Justice William Geary administered the oath of office to Town Clerk Darlene Nygren prior to the meeting.

There was no one from the public to be heard.

Andy Johnson noted there is a Water and Sewer Grant Opportunity that he believes the Town of Busti is eligible for. Mark Brubaker with ecoStrategies attended a webinar on November 15^th presented by NYS EFC Community Assistance Team regarding the grant opportunity. Mr. Johnson noted the grant application is due by June 14, 2024 for 2025. Engineering Grants up to $100,000 are available to help pay for Engineering Reports and initial planning. These grants require a local match of 20% of the requested grant amount which may include cash or in-kind services. The town would be required to pay the initial cost of the project upfront and then get reimbursed the 80%. Mr. Johnson stated he and ecoStrategies could be the facilitator and engineer for the grant application and proposed a $25,000 cost for their services.

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

RESOLVED, the Town of Busti Town Board accept ecoStrategies proposal of up tp $25,000 to facilitate the above stated grant opportunity application and that the cost be paid with ARPA funds.

Upon roll call vote, all aye, carried.

Town Clerk Nygren reported she received the 2024 Tax Collector’s Warrant from Chautuaqua County in the amount of $7,763,514.00. The tax bills were mailed out on Thursday, January 4, 2024 and collection began today. The penalty free deadline is February 6, 2024. She has prepared the 2024 Agreements and required legal notices that will be sent after tonight’s meeting. She and three councilmen attended the Association of Towns training on December 13^th on Organizational Meeting. Her two take aways were that the board should review their current policies for agendas and meetings to ensure they are in agreement with what was presented at the training.

Highway Superintendent Greg Johnson reported the new truck is a 2024 model and should arrive this week. The new brush hog should be delivered next week. He is still working to get a price proposal for the proposed addition to the Highway Garage and wasn’t sure if should include in-kind services in the price. Councilman Gustafson suggested getting a price for a complete construction cost.

Code Enforcement Officer/Fire Inspector Greg Sykes reported he has completed his training and has received his certification as a Code Enforcement Officer. He and CEO Swanson plan to attend the annual CEO training in mid-March and will schedule a refresher training with Williamson Law on the CEO software. CEO Sykes noted he thought the software is user friendly and is anxious to learn how to upload pictures and learn more about using the Fire Inspector portion of the program. He reported the letters for failing break walls in the Vukote Canal have been mailed out. There were originally eight walls that were considered failing condition but one has been repaired and seven letters were mailed. Property owners were given a deadlind of June 30, 2024 to have at least be started on the repair. He and CEO Swanson anticipate feedback from those who receive the letters.

Busti Fire Department Chief reported the departed had 397 calls for 2023 which is lower than 2022. They have run 4 calls in the month of January.

Supervisor Robbins noted it was 7:23 p.m. and motioned to open the Public Hearing, regarding the adoption of Local Law No. 1 of 2024 entitled A LOCAL LAW AMENDING LOCAL LAW NO. 2 OF 2023 TO EXTEND A MORATORIUM ON COMMERCIAL SOLAR ENERGY FACILITIES WITHIN THE TOWN OF BUSTI, motion was duly moved by Councilman Hanson.

All in favor, carried

Proof of publication was placed on file.

No comment was made by the public.

Supervisor Robbins moved to close the Public Hearing at 7:24 p.m. Motion was duly moved by Councilman Hanson.

All in favor, carried.

Supervisor Robbins noted it was 7:24 p.m. and motioned to open the Public Hearing, regarding the adoption of Local Law No. 2 of 2024 entitled A LOCAL LAW ADOPTING FLOOD DAMAGE PREVENTION REGULATIONS, motion was duly moved by Councilman Gustafson.

Proof of publication was placed on file.

No comment was made by the public.

Supervisor Robbins moved to close the Public Hearing at 7:25 p.m. Motion was duly moved by Councilman Hanson.

All in favor, carried.

RESOLUTION

Moved by Supervisor Robbins , seconded by Councilman Hanson :

WHEREAS, the Town of Busti has proposed Local Law No. 2 of 2024, which would move the Town’s regulations regarding flood damage prevention from the Zoning Code to the General Legislation, and

WHEREAS, the proposed law has been subject to environmental review pursuant to Article 8 of the New York State Environmental Conservation Law (State Environmental Quality Review Act), including the preparation and review of a long Environmental Assessment Form, and

WHEREAS, Part 617 of the implementing regulations pertaining to the State Environmental Quality Review Act requires this Board to determine and give notice of the environmental impact of the proposed local law, and

WHEREAS, the Board has determined that the proposed law will not have a significant environmental impact,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby issues a Notice of Determination of Non-Significance, also known as a Negative Declaration, for the proposed Local Law No. 2 of 2024 and authorizes the Supervisor to complete Part III of the EAF accordingly.

Supervisor Robbins noted it was 7:25 p.m. and motioned to open the Public Hearing, regarding the adoption of Local Law No. 3 of 2024 entitled A LOCAL LAW ENACTING A MORATORIUM ON COMMERCIAL BATTERY ENERGY STORAGE SYSTEMS, motion was duly moved by Councilman Brown.

Proof of publication was placed on file.

No comment was made by the public.

Supervisor Robbins moved to close the Public Hearing at 7:26 p.m. Motion was duly moved by Councilman Hanson.

All in favor, carried.

Supervisor Robbins noted it was 7:36 p.m. and motioned to open the Public Hearing, regarding the adoption of Local Law No. 3 of 2024 entitled A LOCAL LAW ENACTING A MORATORIUM ON WIND ENERGY CONVERSION SYSTEMS, motion was duly moved by Councilman Andrews.

Proof of publication was placed on file.

No comment was made by the public.

Supervisor Robbins moved to close the Public Hearing at 7:37 p.m. Motion was duly moved by Councilman Hanson.

All in favor, carried.

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

RESOLVED, the Town of Busti Town Board approve the adoption of Local Laws 1, 2, 3, and 4 of 2024 as presented.

Upon roll call vote, all aye, carried.

TOWN OF BUSTI

LOCAL LAW NO. 1 of 2024

A LOCAL LAW AMENDING LOCAL LAW NO. 3 OF 2023 TO EXTEND A MORATORIUM ON COMMERCIAL SOLAR ENERGY FACILITIES WITHIN THE TOWN OF BUSTI

Be it enacted by the Town Board of the Town of Busti as follows:

SECTION 1. Purpose and Intent

Previously, in Local Law No. 3 of 2023, the Town Board of the Town of Busti (“Town Board”) adopted a one-year moratorium, ending February 1, 2024, on applications or proceedings for applications for, the review of applications, or the issuance of approvals or permits for the construction of Commercial Solar Energy Facilities within the Town of Busti, as those terms were defined with the said law. Since the adoption of the Moratorium, the Town Board has not been able to complete regulations for Solar Energy Facilities, and the Town Board has determined that, in order to complete the drafting and review of such regulations, it is necessary to extend the Moratorium for an additional six months.

SECTION 2. Extension

Local Law No. 3 of 2023 is hereby amended to extend its provisions with regard to Commercial Solar Energy Facilities for another six (6) months, or, for clarity’s sake, until July 31, 2024.

SECTION 3. Validity

The invalidity of any provision of this Local Law shall not affect the validity of any other portion of this Local Law which can be given effect without such invalid provision.

SECTION 4. Effective Date

This Local Law shall take effect immediately upon filing in the office of the Secretary of State.

TOWN OF BUSTI

A LOCAL LAW ADOPTING FLOOD DAMAGE

PREVENTION REGULATIONS

Local Law No. 2 of 2024

Be it enacted by the Town Board of the Town of Busti, in the County of Chautauqua, as follows:

Section 1.

A new Chapter 250 is hereby inserted into the Code of the Town of Busti, which is intended to supersede and replace the Flood Prevention Law that was adopted in 1993 as part of the Zoning Code, and which shall provide as follows:

Chapter 250

FLOOD DAMAGE PREVENTION

250-1. Statutory authorization and purpose.

250-2. Definitions.

250-3. General provisions.

250-4. Administration.

250-5. Construction standards.

250-6. Variance procedure.

________________________________________________________________________

250-1 Statutory authorization and purpose.

Findings. The Town Board of the Town of Busti finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Busti and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this Chapter is adopted.

Statement of Purpose.It is the purpose of this Chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(1) Regulate uses which are dangerous to health, safety and property due to water erosion hazards, or which result in damaging increased in erosion or in flood heights or velocities;

(2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(3) Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters;

(4) Control filling, grading, dredging and other development which may increase erosion or flood damages;

(5) Regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands, and;

(6) Qualify and maintain for participation in the National Flood Insurance Program.

Objectives. The objectives of this Chapter are:

(1) To protect human life and health;

(2) To minimize expenditure of public money for costly flood control projects;

(3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4) To minimize prolonged business interruption;

(5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard;

(6) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

(7) To provide that developers are notified that property is in an area of special flood hazard, and;

(8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

250-2 Definitions.

Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application.

“Appeal” means a request for a review of the Local Administrator’s interpretation of any provision of this Chapter or a request for a variance.

“Area of shallow flooding” means a designated AO, AH or VO Zone on a Community’s Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

“Area of special flood hazard” is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE, or V1-V30. It is also commonly referred to as the base floodplain or 100 year floodplain.

“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year.

“Basement” means that portion of a building having its floor subgrade (below ground level) on all sides.

“Building” see “Structure”

“Cellar” has the same meaning as “Basement”.

“Development” means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials.

“Elevated building” means a non-basement building (i) built, in the case of a building in Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case of a building in Zones V1-V30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, “elevated building” also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-V30, VE, and V, “elevated building” also includes a building otherwise meeting the definition of “elevated building”, even though the lower area is enclosed by means of breakaway walls that meet the federal standards.

“Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is complete before the effective date of the floodplain management regulations adopted by the community.

“Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

“Federal Emergency Management Agency” means the Federal agency that administers the National Flood Insurance Program.

“Flood” or “Flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters;

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

“Flood” or “flooding” also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in (1) above.

“Flood Boundary and Floodway Map (FBFH)” means an official map of the community published by the Federal Emergency Management regency as part of a riverine community’s Flood Insurance Study. The FBFM delineates a Regulatory Floodway along water courses studied in detail in the Flood Insurance Study.

“Flood Elevation Study” means an examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.

“Flood Hazard Boundary Map (FHBM)” means an official map of a community, issued by the federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided.

“Flood Insurance Rate Map (FIRM)” means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

“Flood Insurance Study” see “flood elevation study”.

“Floodplain” or “Flood-prone area” means any land area susceptible to being inundated by water from any source (see definition of “Flooding”).

“Floodproofing” means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

“Floodway” has the same meaning as “Regulatory Floodway”.

“Functionally dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, and ship repair facilities. The term does not include long-term storage, manufacturing, sales, or service facilities.

“Highest adjacent grade” means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

“Historic structure” means any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined t)y the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(i) By an approved state program as determined by the Secretary of the Interior or

(ii) Directly by the Secretary of the interior in states without approved programs.

“Local Administrator” is the person appointed by the community to administer and implement this Chapter by granting or denying development permits in accordance with its provisions. This person is often the Code Enforcement Officer, Building Inspector or employee of an engineering department.

“Lowest floor” means lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Chapter.

“Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a “Recreational vehicle”

“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

“Mean sea level” means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.

“Mobile home” has the same meaning as “Manufactured home”.

“National Geodetic Vertical Datum (NGVD)” as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the flood plain.

“New construction” means structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to such structure.

“New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

“One hundred year flood” or “100-year flood” has the same meaning as “Base Flood”.

“Principally above ground” means that at least 51 percent of the actual cash value of the structure, excluding land value, is above ground.

“Recreational vehicle” means a vehicle which is:

(1) Built on a single chassis;

(2) 400 square feet or less when measured at the largest horizontal projections;

(3) Designed to be self-propelled or permanently towable by a light duty truck; and

(4) Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

“Regulatory Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in Section 205-4(C) of this Chapter.

“Start of construction” includes substantial improvement and means the initiation, excluding planning and design, of any phase of a project, physical alteration of the property, and shall include land preparation, such as clearing, grading, and filling; installation of streets and/or walkways; excavation for a basement, footings, piers, or foundations or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages, sheds), storage trailers, and building materials. For manufactured homes the “actual start” means affixing of the manufactured home to its permanent site.

“Structure” means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

“Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. The term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either:

(1) Any project for improvement of a structure to correct existing violations of state or local health, Sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2) Any alteration of a “Historic structure”, provided that the alteration will not preclude the structure’s continued designation as a “Historic structure”.

“Variance” means a grant of relief from the requirements of this Chapter which permits construction or use in a manner that would otherwise be prohibited by this Chapter.

250-3 General provisions.

Lands to which this chapter applies. This Chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Busti

Basis for establishing the areas of special flood hazard. The areas of special flood hazard are identified and defined on the following documents prepared by the Federal Emergency Management Agency:

(1) Flood Insurance Rate Map (single panel) 361106 004 C, 0011 C, 0016 C, 0017 C, 0020 C, 0030 C whose effective date is January 20, 1993.

(2) Flood Insurance Rate Map (multiple panels) Index No 361106 004 C, 0011 C, 0016 C, 0017 C, 0020 C, 0030 C, whose effective date is January 20, 1993.

(3) A scientific and engineering report entitled “Flood Insurance Study, Town of Busti, New York, Chautauqua County”

(4) Flood Boundary and Floodway Map (single panel) No. 3611606 004 C, whose effective date is January 20, 1993.

(5) Flood Boundary and Floodway Map (multiple panel) No. 3611606 004 C, whose effective date is January 20, 1993.

The above documents are hereby adopted and declared to be a part of this Chapter. The Flood Insurance Study and/or maps are on file at: Town of Busti Administration Building, 125 Chautauqua Avenue, Lakewood, New York.

Interpretation and conflict with other laws. This Chapter includes all revisions to the National Flood Insurance Program through November 1, 1969 and shall supersede all previous laws adopted for the purpose of flood damage prevention.

In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this Chapter are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern.

Severability. The invalidity of any section or provision of this Chapter shall not invalidate any other section or provision thereof.

Penalties for Non-Compliance. No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this Chapter and any other applicable regulations. Any infraction of the provisions of this Chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this Chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Zoning Officer and/or the Town of Busti from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this Chapter for which the developer and/or owner has not applied for and received an approved variance under Section 250-6 will be declared non-compliant and notification sent to the Federal Emergency Management Agency.

Warning and disclaimer of liability. The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability an the part of the Town of Busti, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder.

250-4 Administration.

Designation of the local administrator. The Zoning Officer is hereby appointed Local Administrator to administer and implement this Chapter by granting or denying floodplain development permits in accordance with its provisions.

The Floodplain Development Permit.

(1) Purpose. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and insuring that view development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in Section 250-3(B), without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the Local Administrator and may include, but not be limited to: plans, in duplicate, drawn to scale and showing: the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and tire location of the foregoing.

(2) Fees. All applications for a floodplain development permit shall be accompanied by an application fee of $100.00. In addition, the applicant shall be responsible for reimbursing the Town of Busti for any additional costs necessary for review, inspection and approval of this project. The Local Administrator may require a deposit of no more than $500.00 to cover these additional costs.

Application for a permit. The applicant shall provide the following information as appropriate. Additional information may be required on the permit application form.

(1) The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in Zones Al-A30, AE or AH, or Zone A if base flood elevation data are available. Upon completion of the lowest floor, the permitee shall submit to the Local Administrator the as-built elevation, certified by a licensed professional engineer or surveyor.

(2) The proposed elevation, in relation to mean sea level, to which any new or substantially improved nonresidential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permitee shall submit to the Local Administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor.

(3) A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in Section 250-5(B)(3), UTILITIES.

(4) A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in Section 250-5(D), NON-RESIDENTIAL STRUCTURES.

(5) A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in Section 250-3(B), when notified by the local Administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained.

(6) A technical analysis, by a licensed professional engineer, if required by the Local Administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property.

(7) In Zone A, when no base flood elevation data are available from other sources, base flood elevation data shall be provided by the permit applicant for subdivision proposals and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either 50 lots or 5 acres.

Duties and responsibilities of the local administrator.Duties of the Local Administrator shall include, but not be limited the following.

(1) Permit application review. The Local Administrator shall conduct the following permit application review before issuing a floodplain development permit:

(a) Review all applications for completeness, particularly with the requirements of Section 250-4(C), APPLICATION FOR A PERMIT, and for compliance with the provisions and standards of this Chapter.

(b) Review subdivision and other proposed new development, including manufactured home parks to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of Section 250-5, CONSTRUCTION STANDARDS and, in particular, Section 250-5(A)(1), SUBDIVISION PROPOSALS.

(c) Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The Local Administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination.

If the proposed development may result in physical damage to any other property or falls to meet the requirements of Section 250-5, CONSTRUCTION STANDARDS, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application.

(d) Determine that all necessary permit have been received from those governmental agencies from which approval is required by State or Federal law.

(2) Use of other flood data.

(a) When the Federal Emergency Management: Agency has designated areas of special flood hazard on the community’s Flood Insurance Rate map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the Local Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, including data developed pursuant to Section 250-4(C)(7), as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this Chapter.

(b) When base flood elevation data are not available, the Local Administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard, for the purposes of this Chapter.

(3) Alteration of watercourses.

(a) Notification to adjacent communities and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse, and submittal of evidence of such notification to the Regional Director, Region II, Federal Emergency Management Agency.

(b) Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

(4) Construction stage.

(a) In Zones Al-A3O, AE and AM, and also Zone A if base flood elevation data are available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, obtain from the permit holder a certification of the as-built elevation of the lowest floor or floodproofed elevation, in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use).

(b) Any further work undertaken prior to submission and approval of the certification shall be at the permit holder’s risk. The Local Administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop work order for the project unless immediately corrected.

(5) Inspections. The Local Administrator and/or the developer’s engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions.

(6) Stop work orders.

(1) The Local Administrator shall issue, or cause to be issued, a stop work order for any floodplain development found ongoing without a development permit. Disregard of a stop work order shall subject the violator to the penalties described in Section 250-3(E) of this Chapter.

(2) The Local Administrator shall issue, or cause to be issued, a stop work order for any floodplain development found non-compliant with the provisions of this Chapter and/or the conditions of the development permit. Disregard of a stop work order shall subject the violator to the penalties described in Section 250-3(E) of this Chapter.

(7) Certificate of Compliance.

(1) In areas of special flood hazard, as determined by documents enumerated in Section 250-3(B), it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the Local Administrator stating that the building or land conforms to the requirements of this Chapter.

(2) A certificate of compliance shall be issued by the Local Administrator upon satisfactory completion of all development in areas of special flood hazard.

(3) Issuance of the certificate shall be based upon the inspections conducted as prescribed in Section 250-4(D)(5), INSPECTIONS, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analysis which may have been required as a condition of the approved permit.

(8) Information to be retained. The Local Administrator shall retain and make available for inspection, copies of the following:

(1) Floodplain development permits and certificates of compliance;

(2) Certifications of as-built lowest floor elevations of structures, required pursuant to Sections 250-4(D)(1) and 250-4.4(D)(2), and whether or not the structures contain a basement;

(3) Floodproofing certificates required pursuant to Subsection 250-4(D)(4)(a), and whether or not the structures contain a basement;

(4) Variances issued pursuant to Section 250-6, VARIANCE PROCEDURES; and,

(5) Notices required under Section 250-4(D)(3), ALTERATION OF WATERCOURSES.

250-5 Construction Standards.

General standards. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Section 250-3(B).

(1) Subdivision proposals. The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (including proposals for manufactured home and recreational vehicle parks and subdivisions):

(a) Proposals shall be consistent with the need to minimize flood damage;

(b) Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage and,

(2) Encroachments.

(a) Within Zones Al-A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall permitted unless:

(i) The applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location, or,

(ii) the Town of Busti agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Busti for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Busti for all costs related to the final map revision.

(b) On streams with a regulatory floodway, as shown on the flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in Section 250-3(B), no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:

(i) A technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood, or,

(ii) The Town of Busti agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping anti reimburses the Town of Busti for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Busti for all costs related to the final map revisions.

Standards for all structures.

(1) Anchoring.

(a) New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse, or lateral movement during the base flood. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.

(2) Construction materials and methods.

(a) New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage.

(b) New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage.

(c) For enclosed areas below the lowest floor of a structure within Zones A1-A30, AE or AH, and also Zone A if base flood elevation data are available, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are useable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding, designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria:

(i) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and

(ii) The bottom of all such openings no higher than one foot above the lowest adjacent finished grade.

Openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of floodwaters. Enclosed areas sub-grade on all sides are considered basements and are not permitted.

(3) Utilities.

(a) Machinery and equipment servicing a building must either be elevated to or above the base flood level or designed to prevent water from entering or accumulating within the components during a flood. This includes heating, ventilating, and air conditioning equipment, hot water beaters, appliances, elevator lift machinery, and electrical junction and circuit breaker boxes. When located below the base flood elevation, a professional engineer or architect’s certification of the design is required;

(b) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

(c) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building’s exterior wall; and,

(d) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

Residential Structures.

(1) Elevation. The following standards in addition to the standards in Sections 250-5(A)(1), SUBDIVISION PROPOSALS, and 250-5(A)(2), ENCROACHMENTS, and Section 250-5(B), STANDARDS FOR ALL STRUCTURES, apply to structures located in areas of special flood hazard as indicated.

(a) Within Zones A1-A30, AE and AH and also Zone A if base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above the base flood level.

(b) Within Zone A, when no base flood elevation data are available, new and substantially improved structures shall have the lowest floor (including basement) elevated at least three feet above the highest adjacent grade.

(c) Within Zone AO, new and substantially improved structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community’s Flood Insurance Rate Map enumerated in Section 250-3(B) (at least two feet if no depth number is specified).

(d) Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes.

Non-residential structures. The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures, in addition to the requirements in Sections 250-5(A)(1), SUBDIVISION PROPOSALS, and 250-5(A)(2), ENCROACHMENTS, and Section 250-5(B), STANDARDS FOR ALL STRUCTURES.

(1) Within Zones A1-A30, AE and AU, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall either:

(a) Have the lowest floor, including basement or cellar, elevated to or above the base flood elevation; or

(b) Be floodproofed so that the structure is watertight below the base flood level with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.

(2) Within Zone AO, new construction and substantial improvements of nonresidential structures shall:

(a) Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high at least as high as the depth number specified in feet on the community’s FIRM (at least two feet if no depth number is specified), or

(b) Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in Section 250-5(D)(1)(b).

(3) If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A Floodproofing Certificate or other certification shall be provided to the Local Administrator that certifies the design and methods of construction are in accordance with accented standards of practice for meeting the provisions of Section 250-5(D)(1)(b), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.

(4) Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes.

(5) Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade.

Manufactured Homes and Recreational Vehicles. The following standards in addition to the standards in Section 250-5(A), GENERAL STANDARDS, and Section 250-5(B), STANDARDS FOR ALL STRUCTURES apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard.

(1) Recreational vehicles placed on sites within zones A1-A30, AE and AH shall either:

(a) Be on site fewer than 180 consecutive days,

(b) Be fully licensed and ready for highway use, or

A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.

(2) A manufactured home that is placed or substantially improved in Zones A1-A30, AE and AH that is on a site either:

(a) Outside of an existing manufactured home park or subdivision as herein defined;

(b) In a new manufactured home park or subdivision as herein defined;

(d) In an existing manufactured home park or subdivision as herein defined on which a manufactured home has incurred substantial damage as the result of a flood;

It shall be elevated on a permanent foundation such that the lowest floor is elevated to or above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

(3) A manufactured home to be placed or substantially improved in Zone A1-A30, AE, and AH in an existing manufactured home park or subdivision that is not to be placed on a site on which a manufactured home has incurred substantial damage shall be:

(a) Elevated in a manner such as required in subparagraph 250-5(E)(2), or

(b) Elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above the lowest adjacent grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited.

(4) Within Zone A, when no base flood elevation data are available, new and substantially improved manufactured homes shall be elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above the lowest adjacent grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited.

(5) Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in Section 250-3(B) (at least two feet if no depth number is specified). Elevation on piers consisting of dry stacked blocks is prohibited.

250-6 Variance Procedure.

Appeals Board.

(1) The Zoning Board of Appeals as established by the Zoning Code shall hear and decide appeals and requests for variances from the requirements of this Chapter.

(2) The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Local Administrator in the enforcement of administration of this Chapter.

(3) Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.

(4) In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Chapter and:

(i) The danger that materials may be swept onto other lands to the injury of others;

(ii) The danger to life and property due to flooding or erosion damage;

(iii) The susceptibility of the proposed facility and its contents to flood damage and the affect of such damage on the individual owner;

(iv) The importance of the services provided by the proposed facility to the community;

(v) The necessity to the facility of a waterfront location, where applicable;

(vi) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

(vii) The compatibility of the proposed use with existing and anticipated development;

(viii) The relationship of the proposed use to the comprehensive plan and floodplain management program of that area;

(ix) The safety of access to the property in times of flood for ordinary and emergency vehicles;

(x) The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding;

(xi) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and tile effects of wave action, if applicable, expected at the site; and

(xii) The costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges.

(5) Upon consideration of the factors of Section 250-6(A)(4) and the purposes of this Chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter.

(6) The Local Administrator shall maintain the records of all appeal actions including technical information and report any variances to the Federal Emergency Management Agency upon request.

Conditions for Variance.

(1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (i-xii) in Section 250-6(A)(4) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

(2) Variances may be issued for the repair or rehabilitation of historic structures upon determination that:

(i) The proposed repair or rehabilitation will not preclude the structure’s continued designation as a “Historic structure”.

(ii) The variance is the minimum necessary to preserve the historic character and design of the structure.

(3) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:

(i) The criteria of subparagraphs (1), (4), (5), and (6) of this Section are met;

(ii) The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety.

(4) Variances shall not be issued within any designated floodway it any increase in flood levels during the base flood discharge would result.

(5) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(6) Variances shall only be issued upon receiving written justification of:

(i) A showing of good and sufficient cause;

(ii) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(iii) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

(7) Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signature of a community official that the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation.

Section 2.

If any section of this local law shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this local law.

Section 3.

This local law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law.

TOWN OF BUSTI

LOCAL LAW NO. 3 FOR THE YEAR 2024

A LOCAL LAW ENACTING A MORATORIUM ON COMMERCIAL BATTERY ENERGY STORAGE SYSTEMS

Section 1. Enactment and Title.

The Town Board of the Town of Busti does hereby enact the Town of Busti Moratorium on Battery Energy Storage Systems Law. This Local Law shall impose a moratorium on applications or proceedings for applications for, the review of applications for, or the issuance of approvals or permits for the construction of any Tier 2 Battery Energy Storage System, as defined in Local Law No. 2 of 2022.

The capitalized terms in the foregoing sentence, and as used throughout this local law, shall have the following meanings ascribed to them:

Commercial Battery Energy Storage System– One or more devices, assembled together, capable of storing energy produced by a commercial wind or solar energy conversion system, in order to supply electrical energy at a future time, having an aggregate energy capacity greater than 600kWH or comprised of more than one storage battery technology in a room or enclosed area.

Applicant– All landowners and all those claiming through or on behalf of the owner(s), whether by license, lease, easement, contract, or by owner’s designation as an agent for purposes of making any application or any land use review or approval, whether for a permit or otherwise.

Section 2. Authorization, Purpose and Intent.

Pursuant to the authority and provisions of the New York State Constitution, and Section 10 of the Municipal Home Rule Law, and the statutory powers vested in the Town of Busti to regulate and control land use and to protect the health, safety and welfare of its residents, the Town Board (the “Board”) of the Town of Busti hereby declares a moratorium on applications or proceedings for applications for, the review of applications, or the issuance of approvals or permits for the construction of Commercial Battery Energy Storage Systems within the Town of Busti (the “Town”), lasting through December 31, 2024.

This moratorium will allow time for Town officials to review, clarify, amend, and update the Town’s Regulations for commercial battery energy storage systems, particularly with regard to setbacks and where such development may be located in light of the three battery fires and related release of toxic fumes that ocurred this past Summer in New York State. Additionally, this moratorium will allow the Town to adopt such other regulations as may be necessary to promote and preserve the health, safety and welfare of the Town and its citizens.

Section 3. Scope of Controls.

During the effective period of this Local Law:

Neither the Town Board, the Zoning Board of Appeals, nor the Planning Board shall conduct any review or consider or grant any special permit or other approval that will result in the approval, establishment or construction of any Commercial Battery Energy Storage System within the Town.

To the extent permitted by law, this moratorium shall supersede all relevant provisions of the New York State Town Law, the New York State Building Code, any relevant Town local law and any other applicable law, rule or regulation, that may be in conflict herewith. If any ambiguity or conflict exists, this local law shall govern and the presumption shall in each case be that the moratorium is in effect.

Section 4. No Consideration of New, Revised, or Renewal Applications.

No new, revised, or renewal applications shall be accepted for filing, review, or consideration, and no site plans, authorizations, special permits, permits, building permits, variances, waivers or other approvals that purport to allow or advance the development, siting, or construction of any Battery Energy Storage System shall be undertaken, reviewed, considered or issued by any board, officer, employee or agent of the Town, except as specifically set forth in Section 10 of this local law. Nor shall any language or term in this moratorium effect, or be construed to result in, any default approval, and any matter now pending shall be stayed in place during the pendency of this moratorium, with all deadlines or other timelines suspended for the same number of days that this moratorium is in effect.

Section 5. Term.

The moratorium imposed by this Local Law shall be in effect until December 31, 2024 starting from the effective date of this Local Law. This moratorium may be extended, or rescinded or removed, by local law.

Section 6. Location.

The moratorium imposed by this Local Law shall apply to the territorial limits of the Town of Busti. Any dispute as to whether a property is encompassed within the geographic area detailed above shall be resolved by reference to the official tax maps of Chautauqua County and the official New York corporate boundary maps for the Town of Busti.

Section 7. Penalties.

The following provisions shall apply generally, and the violation of this Local Law shall allow and permit enforcement in any one or more of the following manners:

When any term, provision, or requirement of this Local Law is violated the Enforcement Officer may issue a written notice of violation to the Applicant (or other Person in violation hereof). The notice of violation shall contain; (i) the name and address of the Person alleged to have violated this Local Law; (ii) the address, when available, or a description of the building, structure or parcel upon which the violation occurred or is occurring; (iii) a brief statement specifying the nature of the violation; (iv) a statement of the fine or penalty that may or could be assessed against any Person to whom the notice of violation is directed; and (v) a clear statement identifying whether the notice commences or may commence a civil or criminal proceeding. The failure to comply with a written notice of violation by correcting the violation is in itself a separate violation of this Local Law and may be further enforced as such. In addition, Executive Law § 382 may be duly enforced separately from any such notice, and both notices may take the form of a single notice which must, in addition to the above, contain the information and be served as required by said § 382.

The Enforcement Officer may issue stop work orders for violations of this Local Law. Any Person receiving a stop work order shall be required to halt all clearing, grading, construction, and any other or related activities, until the Enforcement Officer or a court of competent jurisdiction allows work to re-commence.

Town may also maintain actions or proceedings in the name of the Town in a court of competent jurisdiction to compel compliance with, restrain by injunction the violation of any provision or requirement of this Local Law, including to prevent, enjoin, correct, enforce, or abate any violation of, or non-conformance with, any provision or requirement of this local law or the terms and conditions set forth in any waiver or approval issued hereunder. In any such proceeding the Town shall not be required to: (i) prove the lack of an adequate remedy at law; or (ii) to post a bond or other undertaking as a condition or requirement for any preliminary, interim, or permanent restraining order or injunction. No such action or proceeding shall be commenced without the appropriate authorization from the Town Board.

This Local Law may be enforced civilly or criminally by seeking fines, penalties, and like punishments to deter future violations and sanction offenders. All provisions of New York law and process generally applicable to misdemeanors shall apply to any criminal proceeding brought upon any violations of this Local Law, including for purposes of conferring jurisdiction. The following civil and criminal fines and penalties shall apply to any violation of the requirements or terms of this Local Law:

For a first offense, any Person that violates any of the provisions of this Local Law shall be (i) guilty of a violation and subject to a fine of not more than $500, or (ii) subject to a civil penalty of not more than $500 to be recovered by the Town in a civil action. Every such Person shall be deemed guilty of a separate offense for each week that such violation, disobedience, omission, neglect or refusal shall continue. Similarly, a separate civil penalty shall apply and be assessable for each week that such violation, disobedience, omission, neglect or refusal shall continue.

For a second offense, being any violation that is found to have occurred within 2 years of any prior civil or criminal determination of any violation of this Local Law, a Person shall be (i) guilty of an unclassified misdemeanor and subject to a fine of not more than $2,500, or (2) subject to a civil penalty of not more than $2,500 to be recovered by the Town in a civil action. Every such Person shall be deemed guilty of a separate unclassified misdemeanor for each week that such violation, disobedience, omission, neglect, or refusal shall continue. Similarly, a separate civil penalty shall apply and be assessable for each week that such violation, disobedience, omission, neglect, or refusal shall continue.

The above fines are in addition to any penalty, fine, or sentence allowed or imposable pursuant to said Executive Law § 382.

Upon any violation of this Local Law by an Applicant or any Person, the Town may, and the Enforcement Officer shall, decline and refuse to issue any approvals, endorsements, certifications, building permits, certificates of occupancy, certificates of compliance, and any similar or other document or approval until the Applicant or Person rectifies and cures such violation.

Any Person violating this Local Law may be required to restore land to its prior or undisturbed condition. If restoration is not undertaken within a reasonable time after notice, the Town may take necessary corrective action, the cost of which shall become a lien upon the property until paid. In addition, the Town may commence any one or more civil proceedings in the Town Court, or any other court or tribunal of competent jurisdiction, to recover the costs of such restoration.

For purposes of this Local Law the Justice Court of the Town is hereby vested and imbued with jurisdiction to: (i) issue administrative or other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York; and (ii) hear and adjudicate allegations relating to the criminal or civil violation of this Local Law and to thereafter, if appropriate, impose any fine, penalty, or sanction.

Criminal matters arising in relation to enforcement matters under this local law shall be and be classified as offenses per the following guidelines: (i) first offenses shall be deemed violations; (ii) second offenses shall be deemed unclassified misdemeanors; and (iii) violations of Executive Law § 382 shall be classified as set forth by New York State in such § 382.

No remedy or penalty specified in this local law shall be the exclusive remedy available to the Town to address any violation of, or non-compliance with, the requirements of this local law. The rights and remedies of the Town are independent of each other and cumulative. The grant of any right or remedy in this Local Law is in addition to, and not in limitation of or in substitution for any other right or remedy of the Town, whether sounding in law, equity, or admiralty. Further, the election by the Town of any one right or remedy does not forestall or prevent the simultaneous or future election of any other right or remedy, whether relating to enforcement, sentencing, or otherwise.

Section 8. Exemptions and Non-Conforming Uses.

Notwithstanding any provision hereof to the contrary, any Battery Energy Storage System that has already been issued all necessary approvals or permits from the Town Board or the Planning Board (the “Town Approvals”) may continue such projects and such support activities that are being conducted in the Town as of the effective date of this Local Law, so long as such supporting activities are in all respects being conducted in accordance with all applicable laws and regulations and any conditions of approval, including all Town Approvals. Such limited right to proceed when Town Approvals have been issued shall include the right to apply for and obtain a building permit, so long as the same is or are in conformance with any existing Town Approvals.

Any expansion of a lawful, pre-existing, non-conforming use shall not be grandfathered under this Section and instead shall in all respects be prohibited as contemplated by Section 3 hereof. “Grandfathered” and allowed lawful pre-existing uses neither have nor possess any right to expand such non-conforming use whether above or below ground, and no such right shall be deemed, construed, or implied to exist.

Section 9. Validity.

The invalidity of any provision of this Local Law shall not affect the validity of any other provision of this Local Law that can be given effect without such invalid provision.

Section 10. Hardship.

The Town Board of the Town is hereby authorized to accept and review (after public notice and hearing and in accordance with the requirements of law and of this Local Law) requests for a waiver application of the provisions of this Local Law by persons aggrieved hereby.

No such waiver shall be granted by the Town Board without a showing by the Applicant that applicable regulations and restrictions have caused unnecessary hardship.

Unnecessary Hardship. In order to prove such unnecessary hardship the Applicant is required to demonstrate to the Town Board that, with respect to every permitted use under Town land use, each of the following four criteria is satisfied: (i) the Applicant cannot realize a reasonable return on the entire parcel of property, and such lack of return is substantial as demonstrated by competent financial evidence; (ii) the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; (iii) the neighborhood; and (iv) the alleged hardship has not been self-created.

Reasonable Rate of Return. In evaluating whether the Applicant can realize a reasonable rate of return, the Town Board must examine whether the entire original or expanded property holdings of the Applicant are incapable of producing a reasonable rate of return (and not just the site of the proposed development project). No waiver shall be granted unless, in addition to satisfying all other applicable provisions of law and this Law, the Town Board finds that the Applicant has clearly demonstrated by detailed “dollar and cents” proof, the inability to obtain a reasonable return for the entire parcel (and not just the site of the proposed project) and for each and every permitted use in the area of the Town the property is located.

Unique Hardship. No waiver shall be granted unless, in addition to satisfying all other applicable provisions of the law and this Law, the Town Board finds that the entire parcel of which the project is a part possesses unique characteristics that distinguish it from other properties in the area.

Essential Character of the Neighborhood. In making its determination, of whether the proposed development project will alter the essential character of the neighborhood, the Town Board shall take into account factors that are of vital importance to the citizens of the Town including without limitation: (i) the rural residential and agricultural character of the Town, (ii) its irreplaceable recreation, historic, and tourism sites, (iii) the extent of hazard to life, limb or property may result from the proposed development project, (iv) health impacts, (v) the social and economic impacts of traffic congestion, noise, dust, odors, emissions, solid waste generation and other nuisances, (vi) the impact on property values, and (viii) whether the Applicant will engage in the type of development that will result in degradation to the air quality, water quality or scenic or other natural resources of the Town. In order to find that the proposed development project does not alter the essential character of the neighborhood, the Board shall interpret the public interest in said essential character of the neighborhood to require, at a minimum, that the project will not do any of the following: (x) pose a threat to the public safety, including public health, water quality or air quality, (y) cause an extraordinary public expense, or (z) create a nuisance.

Self-Created Hardship. The Town Board may find that the Applicant suffers from a self-created hardship in the event that the Board finds that (i) the Applicant’s inability to obtain a reasonable return on the property as a whole results from having paid too much or from a poor investment decision; (ii) the Applicant previously divided the property and is left with only a portion which suffers from some unique conditions for which relief is sought and which did not apply to the parcel as a whole; (iii) when the Applicant purchased the property, he or she knew or should have known the property was subject to the land use restrictions; or (iv) that the Applicant transferred or obtained property rights with only a unilateral expectation of development or investment character, and it shall be material to this question to examine the degree to which opposed to in fee (actual acquisition of fee simple title), and whether the anticipated income, profits, or receipts were conditional, contingent, or guaranteed.

If the Town Board grants a waiver from the provisions of this Local Law to the Applicant, the Applicant shall be required to comply with all provisions of the Town’s then applicable land use regulations and other laws and regulations, together with any amendments to such law or regulations which may be enacted during the term of this Local Law. Any waiver that is granted shall grant only the minimum waiver that the Town Boards deems necessary and adequate to address the unnecessary hardship proven by the Applicant, and at the same time preserve and protect the character of the neighborhood and health, safety, and welfare of the community.

Section 11. Effective Date.

This Local Law shall take effect immediately.

TOWN OF BUSTI

LOCAL LAW NO. 4 FOR THE YEAR 2024

A LOCAL LAW ENACTING A MORATORIUM ON WIND ENERGY CONVERSION SYSTEMS

Section 1. Enactment and Title.

The Town Board of the Town of Busti does hereby enact the Town of Busti Moratorium on Wind Energy Conversion Systems Law. This Local Law shall impose a moratorium on applications or proceedings for applications for, the review of applications for, or the issuance of approvals or permits for the construction of any Wind Energy Conversion System within the Town of Busti for roughly one year. Since the Town Board amended the Town’s Zoning Code in 2011 to permit small wind energy conversion systems the technology and the law have evolved so that the Town may now be susceptible to the placement of large-scale wind energy conversion systems under Section 94-c of New York’s Executive Law. The Town Board believes that further review and modification of the Town’s Zoning Code are required.

The capitalized terms in the foregoing sentence, and as used throughout this local law, shall have the following meanings ascribed to them:

Wind Energy Conversion System – A system of components which converts the kinetic energy of the wind into electrical or mechanical power and which comprises all necessary components, including energy storage, power conditioning, control systems, transmission systems (where appropriate) and structural support systems, to provide electricity or mechanical power for agricultural, residential, commercial, industrial, utility or governmental use.

Section 2. Authorization, Purpose and Intent.

Pursuant to the authority and provisions of the New York State Constitution, and Section 10 of the Municipal Home Rule Law, and the statutory powers vested in the Town of Busti to regulate and control land use and to protect the health, safety and welfare of its residents, the Town Board (the “Board”) of the Town of Busti hereby declares a moratorium on applications or proceedings for applications for, the review of applications, or the issuance of approvals or permits for the construction of Wind Energy Conversion Systems within the Town of Busti (the “Town”), lasting through February 1, 2025.

This moratorium will allow time for Town officials to review, clarify, amend, and update the Town’s Regulations for wind energy conversion systems, particularly with regard to where such development may be located in the Town. Additionally, this moratorium will allow the Town to adopt such other regulations as may be necessary to promote and preserve the health, safety and welfare of the Town and its citizens.

Section 3. Scope of Controls.

During the effective period of this Local Law:

Neither the Town Board, the Zoning Board of Appeals, nor the Planning Board, or any Town Staff shall conduct any review or consider or grant any special permit or other approval that will result in the approval, establishment or construction of any Wind Energy Conversion System within the Town.

To the extent permitted by law, this moratorium shall supersede all relevant provisions of the New York State Town Law, the New York State Building Code, any relevant Town local law and any other applicable law, rule or regulation, that may be in conflict herewith. If any ambiguity or conflict exists, this local law shall govern and the presumption shall in each case be that the moratorium is in effect.

Section 4. No Consideration of New, Revised, or Renewal Applications.

No new, revised, or renewal applications shall be accepted for filing, review, or consideration, and no site plans, authorizations, special permits, permits, building permits, variances, waivers or other approvals that purport to allow or advance the development, siting, or construction of any Wind Energy Conversion System shall be undertaken, reviewed, considered or issued by any board, officer, employee or agent of the Town. Nor shall any language or term in this moratorium effect, or be construed to result in, any default approval, and any matter now pending shall be stayed in place during the pendency of this moratorium, with all deadlines or other timelines suspended for the same number of days that this moratorium is in effect.

Section 5. Term.

The moratorium imposed by this Local Law shall be in effect until February 1, 2025 starting from the effective date of this Local Law. This moratorium may be extended, or rescinded or removed, by local law.

During the period of this moratorium the Town shall endeavor to adopt changes to its zoning code with regard to the siting, establishment and construction of Wind Energy Conversion Systems; and

Section 6. Location.

Section 7. Validity.

The invalidity of any provision of this Local Law shall not affect the validity of any other provision of this Local Law that can be given effect without such invalid provision.

Section 8. Effective Date.

This Local Law shall take effect immediately.

Lakewood Busti Police Chief Christopher DePonceau reported 1,121 incidents from December 4, 2023 to January 8, 2024. He noted the number of the various incidents, stated they had 49 warrants in the said time frame which have been either issued or served. Chief DePonceau met with a person who was concerned about the welfare of a large number of cats located in the Cottage Park area. Discussion followed. No resolution to the issue was made.

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

RESOLVED, the Town of Busti Town Board authorize Supervisor Robbins to sign Wendel Engineering’s proposal for construction-related services assistance for large-scale solar projects – 4542 Baker Street @ $32,000.

Upon roll call vote, all aye, carried.

Supervisor Robbins moved to set the Annual Internal Audit for February 6, 2023 at 7:30 p.m. which will include auditing the Town Clerk, Tax Collector, Supervisor, and Court records. Motion was duly moved by Councilman Andrews.

All in favor, carried.

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

RESOLVED, that Highway Superintendent Greg Johnson be authorized to spend town highway funds for 2023 in the amount of $1,612,539.00.

Upon roll call vote, all aye, carried.

Attorney Seachrist reported the court is preparing to set a trial date on the Fischer property maintenance case. Mr. Seachrist may suggest the board consider hiring a trial attorney for the case. He is working on the Escrow Agreements for both the Orr Street and Baker Street solar projects.

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

RESOLVED, to accept the 2024 Organizational Minutes as presented:

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 $ 20,000.00

Town Justice Lyle T. Hajdu 11,500.00

Town Justice William A. Geary 11,500.00

Councilman James Andrews 6,000.00

Councilman Todd M. Hanson 6,000.00

Councilman Doug Brown 6,000.00

Councilman Paul A. Gustafson 6,000.00

Highway Superintendent Greg Johnson 79,954.00

Town Clerk Darlene H. Nygren 69,279.00

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 $32.75 per hour

Joshua Pilling – hire date 4/3/2017 $25.25 per hour

Jarrett Yucknitz – hire date 7/11/2022 $20.67 per hour

Laborer rate Current NYS minimum wage rate

and be it further

FURTHER RESOLVED, effective March 1, 2021 all new highway employees are required to have a CDL prior to being hired with a starting wage of $18.00 per hour 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 $22.00 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 $24.04 per hour, this rate for 1^st Deputy Highway Superintendent includes a stipend of $1.25 added on to a pay rate of $22.79 (equal to the 2023 pay rate of $21.06 + 3.5% and $1.00 4^th year increase), and be it further

RESOLVED, that Jeremy Hasson (hire date 11/4/2013) be appointed 2^nd Deputy Highway at the $26.66 per hour, this rate for 2^nd Deputy Highway Superintendent includes a stipend of $1.00 added to the pay rate of $25.66 (equal to the 2023 pay rate of $24.80 + 3.5%), and be it further

RESOLVED, that Elizabeth Davis be appointed as Court Clerk for the Town Court at an hourly rate of $31.45, and be it further

RESOLVED, that Sonya Montemayor be appointed as Deputy Court Clerk at an hourly rate of $19.65, 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 $19.69, and be it further

RESOLVED, that Attorney Joel H. Seachrist be appointed a Town Prosecutor at an hourly rate of $140.00 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, 2024 thru December 31, 2027 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, 2024 thru December 31, 2027 at an annual salary of $2,000, and be it further

RESOLVED, that Tera Darts be appointed Assessor/Appraiser for the Town of Busti at an annual salary of $77,289.00, and upon the completion of the one (1) remaining required New York State Assessor course she will receive an additional salary increase in the amount of $2,500, at which time her annual salary will be $79,789.00 and be it further

RESOLVED, that Jeffrey Swanson be appointed Building Code Enforcement Officer for the town at an annual salary of $58,633.00 of which $29,316.50 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 Gregory Sykes be appointed Fire Code Inspector for the town and be paid up to 28 hours per week, at an hourly rate of $20.79, of which the Village of Lakewood will pay for hours worked to inspect within the Village, and be it further

RESOLVED, that either the Code Enforcement Officer Swanson or the Fire Code Inspector Sykes be authorized to act as the CEO for the Town of Harmony and paid at their hourly rate of pay for the number of hours designated to Code Enforcement Officer services for the Town of Harmony, and be it further

RESOLVED, that Mary Beth Moss be appointed as Dog Control Officer for the town at an annual salary of $5,186 and be it further

RESOLVED, that Seachrist Law Offices, P.C. be appointed attorney for the Town at an hourly rate of $140.00 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 5, 2024 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.

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.

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.

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:

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.

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.

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.

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.

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.

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.

Years of service shall be determined from year of hire.

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.

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.

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.

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

spouse, child, parent, or sibling.

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

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

The following paid holidays will be accorded:

(a) New Year’s Day, January 1

(b) Martin Luther King, January 15*

(d) Good Friday, March 29

(e) Memorial Day, May 27

(f) Independence Day, July 4

(g) Labor Day, September 2

(h) Columbus Day, October 14

(i) Veteran’s Day, November 11 (observed)

(j) Thanksgiving Day, November 28

(k) Day after Thanksgiving, November 23

(l) Christmas Day, December 25

* 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 the Highway Superintendent and used as partial or whole days.

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.

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.

RESOLVED, the Dog Control Officer(s) receive a $20 stipend per month for the use of their personal phone(s) for Town of Busti dog control purposes.

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:

Employee’s personal attendance at business appointments during working hours.
Employee’s attendance at funeral other than those in Section (b).
Employee’s personal attendance at religious observance.
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

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.

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.

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.

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.

Full time employees who elect to have health insurance coverage shall have the choice of one of the three health insurance plans offered by Independent Health and an annual deductible allowance as follows:

The town will pay the amount = to 85% of Passport Plan Local Platinum, 90% of Passport Plan Local Gold HSAQ, or 90% of iDirect Gold Copay Option 2 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 Independent Health plan.

Passport Plan Local Platinum

Plans Plan Cost Town Cost Employee Cost HRA/Annual

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

Singles $813.67 $691.61 $122.06 $0

Emp/Child $1,383.24 $1,175.75 $207.49 $0

Emp/Spouse $1,627.34 $1,383.23 $244.11 $0

Family $2,318.96 $1,971.11 $347.85 $0

Passport Plan Local Gold HSAQ

Plans Plan Cost Town Cost Employee Cost HRA/Annual

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

Singles $639.03 $575.12 $63.91 $800

Emp/Child $1,086.35 $977.71 $108.64 $1,600

Emp/Spouse $1,278.06 $1,150.25 $127.81 $1,600

Family $1,821.24 $1,639.11 $182.13 $1,600

iDirect Gold Copay Option 2

Plans Plan Cost Town Cost Employee Cost HRA/Annual

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

Singles $681.64 $613.47 $68.17 $625

Emp/Child $1,158.79 $1,042.91 $115.88 $1,250

Emp/Spouse $1,363.28 $1,226.95 $136.33 $1,250

Family $1,942.67 $1,748.40 $194.27 $1,250

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 (Benefit Resource)

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.
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.
The plan shall commence on January 1, 2024 through December 31, 2024.
The annual maximum cafeteria amount shall be as follows: Medical Reimbursement Account – $3,200 and Dependent Care Account – $5,000; This plan will allow for a $640 Rollover provision on the Medical FSA at the end of 2023.
Benefit Resources, is hereby designated as administrator, payments shall be made every business day with a required 4% collateral deposit for debit cards.
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 Benefit Resources, 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:

Acquisition of professional services;
Emergencies;
Sole source situations;
Goods purchased from agencies for the blind or severely handicapped;
Goods purchased from correctional facilities;
Goods purchased from another governmental agency;
Goods purchased at auction;
Goods purchased for less than $250.00;
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 8, 2024

February 5, 2024

March 4, 2024

April 1, 2024

May 6, 2024

June 3, 2024

July 1, 2024

August 5, 2024

September 9, 2024

October 7, 2024

November 4, 2024

December 2, 2024

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:

Highway & Town Building:

Committee: (Greg Johnson – Highway Garage/Transfer Station & Jeff Swanson – 125 Chautauqua Avenue)

Insurance Committee:

Committee: (Jim, Darlene, & Greg)

Health Insurance & Compensation:

Committee: (Jim, Darlene, & Greg)

Audit:

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

Police Negotiations:

Committee: (Jim & Paul)

Parks & Recreation:

Committee: (Jesse & Doug)

Shared Services:

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

Water Projects:

Committee: (Paul & Greg)

Chautauqua Lake Assoc & Chautauqua Lake and Watershed Management Alliance

Committee: (Jim & Paul)

OFFICIAL NEWSPAPER

RESOLVED, that the Post-Journal be designated the official newspaper for the Town at the f2024 current rate for the first day of publication for line ads and plus a processing fee per column inch for display legals, and be it further

MILEAGE

RESOLVED, that the rate of mileage for all Town Officials, when authorized, is hereby set at the IRS Standard Federal Rate which is currently 67 cents per mile for 2024 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.

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

Town Clerk Nygren noted the contract below expired on September 12, 2023. She reached out to CCHS regarding the contract being expired and was told via email the contract remains valid until a new contract is passed and the CCHS will present a new contract soon.

Contract for the Care and Boarding of Canines

MUNICIPALITY of Town of Busti

This agreement, made this 13^th day of September, 2022, pursuant to the provisions of Section 115 and Section 116 of the New York State Agriculture and Markets Law, by and with the MUNICIPALITY of Town of Busti, a municipal corporation of the State of New York. Busti in party of the first part, hereafter MUNICIPALITY, and Chautauqua County Humane Society, Inc., (CCHS) a domestic not-for-profit corporation created and existing under the laws of the State of New York, having its office and principal place of business at 2825 Strunk Road, Jamestown, Chautauqua County, New York 14701, party of the second part, hereinafter SHELTER.

WITNESSED:

WHEREAS, CCHS is a registered New York State 501(c)(3) Non-Profit corporation that provides animal sheltering services.

WHEREAS, the MUNICIPALITY has requested CCHS to provide animal sheltering services on a contractual basis for the period of September 13, 2022 to September 12, 2023.

In consideration of the mutual covenants herein contained, the parties agree as follows:

The scope of services to be provided by CCHS consists of the following:

CCHS shall provide and maintain a kennel for housing of canines that come into custody of the MUNICIPALITY Dog Control Officer (DCO) under Article 7 of NYS Agriculture and Markets Law. During the term of this Agreement, CCHS shall serve for all purposes as the MUNICIPALITY’S primary shelter and shall be staffed by competent employees. In the event that CCHS has no available space, an alternate holding option must be used by the MUNICIPALITY.
CCHS will follow the provisions of Article 7 of the NYS Agriculture and Markets Law and any rules and regulations promulgated hereto in relation to the holding, care, medical, sheltering, redemption, and disposal of dogs that come into custody of the DCO.
Standard veterinary care shall be provided by CCHS to all dogs at no additional cost. Upon intake, all dogs shall receive the following: intake exam, distemper and Bordetella vaccines, flea preventative, and deworming; ear cleaning and nail trims, if needed. Additional medical services may be provided as necessary, at standard fees, and are limited to Lyme disease testing, heartworm testing and treatment, rabies vaccination, microchipping, and spay/neuter surgery.
CCHS shall file and maintain complete records of Dog Seizure and Disposition Reports in the manner described by the Commissioner of Agriculture and Markets as well as any other records required by Article 7.
CCHS shall provide an area, accessible 24 hours a day and 7 days a week, where the DCO can bring the dog immediately upon seizure; such area will have sufficient bedding, food, water, and heat to maintain the dog until shelter employees arrive during normal operating hours.
CCHS is in full compliance with the laws governing animal shelter facilities in the State of New York and will make available at the MUNICIPALITY’S request all current and future inspection reports issued by the State of New York Department of Agriculture and Markets.
CCHS shall be available as much as possible, Monday through Saturday, for dogs to be reclaimed by their owners. Arrangements must be made by phone to 716.665.2209 x200. See Article 7, Section 117(4) and (5). The impoundment fees are set by the MUNICIPALITY and, if not, statutory fees are outlined in Article 7.
The MUNICIPALITY shall authorize CCHS to issue dog licenses for seized dogs who are redeemed by their owners during the holding period. The license fees, as determined by the MUNICIPALITY, shall be forwarded to the municipality by CCHS on a monthly basis. CCHS shall file a record of the licensure, and a copy of the license, with the municipality within 24 hours of issuance.
The MUNICIPALITY shall authorize CCHS to complete Dog Seizure and Disposition Reports, as required by Article 7, collect impoundment fees, and release dogs to their owner. The impoundment fees will be forwarded to the municipality by CCHS on a monthly basis.
CCHS shall provide humane treatment to all dogs in conformity with the rules and regulations established by NYS Agriculture and Markets. All unidentified dogs of the MUNICIPALITY shall be held for at least five (5) days from the date that the DCO or other designated representative seized the dog, or for at least such time as may be required by law. Unclaimed dogs shall be held for adoption if CCHS determines that the dog is adoptable, as stated in Article 7.

The obligations of the MUNICIPALITY under this agreement shall consist of the following:

If a seized dog is wearing a municipal ID tag, CCHS will assume the responsibility of promptly notifying the owner that their dog has been seized, where it is impounded, and the process to redeem it. This notification may be in person or by certified mail. If after seven (7) days of personal notification or nine (9) days of certified mail the dog is not redeemed, ownership may be transferred to CCHS and the dog shall be made available for adoption. If unsuitable for adoption, CCHS will offer euthanasia and cremation services to the municipality for a $50.00 fee. If the DCO has given personal notification to the owner before bringing the dog to CCHS, this must be noted on the Dog Seizure and Disposition Report.
Bite cases, dangerous dog cases, and/or possible rabies cases shall not be brought to CCHS unless prior approval has been given by CCHS. If approval is not given, the animal must be taken to and held by a veterinarian’s office or other qualifying holding location as such cases are not covered under Article 7 of the NYS Agriculture and Markets Law. If such dogs are approved for holding at CCHS, the MUNICIPALITY will be responsible for the vaccinations, medical treatment, and all boarding fees incurred by CCHS during the case. If the courts determine that the animal owner is at fault, the MUNICIPALITY will seek restitution from the individual. If the animal owner is not found at fault, the MUNICIPALITY will incur the costs.
As a safety measure for CCHS staff, any dog showing signs of aggression must be labeled as such on the Dog Seizure and Disposition Report.
Any DCO or police officer who picks up an injured animal must take that animal to a veterinarian for treatment as required by Agriculture and Markets Law, at the MUNICIPALITY’S expense. Injured or ill dogs cannot be accepted at CCHS without having first been determined to be stable by a veterinarian. If a dog becomes sick within the holding period and the owner is unable/unwilling to pay for veterinary services, the MUNICIPALITY is responsible for medical charges, whether treatment is at CCHS or through an outside veterinarian.
Should outside veterinary care be required while the dog is at the shelter, CCHS generally uses Moonbrook Veterinary Hospital or Jamestown Veterinary Hospital. In cases in which emergency treatment is required and local veterinary practices are unavailable, the Northwest PA Pet Emergency Center or Orchard Park Veterinary Medical Center will be used at the owner’s/

MUNICIPALITY’S expense.

In the event of a cruelty or neglect case, the number of dogs that CCHS can take in may be limited depending on space available. The MUNICIPALITY will be responsible for the vaccinations, medical treatment, and all boarding fees incurred by CCHS during the case. If the courts determine the animal owner is at fault, the MUNICIPALITY will seek restitution from the individual. If the animal owner is not found at fault, the MUNICIPALITY will incur the costs. However, CCHS will work with the MUNICIPALITY to keep expenses down as much as possible.
CCHS will work with any municipalities and law enforcement agencies on situations involving livestock, reptiles, birds, and small animals. All will be accommodated in accordance with space available.
The MUNICIPALITY shall agree to pay $40.00, billed monthly, for each dog brought to CCHS under Article 7. Basic intake medical services are included in this fee.

Unattended dogs who are presented to CCHS by members of the public shall be taken in and the MUNICIPALITY, if known, will be contacted to make arrangements for the dog’s holding period.

All attempts will be made to locate the owners of seized dogs including in-field return to owners by DCOs and use of social media, by both the MUNICIPALITY and CCHS.

Timely disposition decisions for unclaimed dogs is required. A failure by the MUNICIPALITY to act will result in additional boarding fees of $20.00/day until a disposition is communicated to CCHS.

When adoptable dogs remain unclaimed, the MUNICIPALITY may transfer ownership of the dog to CCHS for purposes of adoption. CCHS and the MUNICIPALITY agree to cooperate with one another to assist in the adoption of these dogs through publicity and community outreach.

When unadoptable dogs remain unclaimed, disposition is the responsibility of the MUNICIPALITY. CCHS will provide euthanasia and cremation services, if requested, and the MUNICIPALITY will be billed $50.00 per dog.

CCHS will bill on the 1^st of each month for animals cared for during the previous month. Any impoundment fees due to the MUNICIPALITY will be returned and noted on the monthly billing. CCHS will bill the MUNICIPALITY $20.00 per day for boarding of any dog impounded by the DCO and $50.00 for euthanasia and cremation when deemed necessary during the holding period. All invoices shall be paid within 30 days.

Medical expenses incurred at an outside veterinary practice or at CCHS shall be billed directly to the MUNICIPALITY, payable within 30 days.

The MUNICIPALITY acknowledges and agrees that this agreement is entered into for the sole benefit of the MUNICIPALITY and that CCHS shall not be liable to the MUNICIPALITY or to any third party as a result of its duties and/or responsibilities arising under this agreement except in the case of gross negligence, intentional, malicious, or unlawful conduct. The MUNICIPALITY agrees to indemnify and defend CCHS against any and all claims relative to housing of canines on behalf of the MUNICIPALITY pursuant to this agreement.

This agreement may be terminated by either party upon 30 days written notice; CCHS and the MUNICIPALITY may renew this contract at the end of a one-year contract period.

Municipality Authorized Signature _________________________________

Print Name and Title Jesse M. Robbins, Town Supervisor

____________________________________________

Kellie Roberts, CCHS Executive Director

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.

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 2024 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.

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:

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.
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.
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.

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.
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.
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.
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.
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 15^th day of December, 2023, 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 6^th day of November, 2023 and by a majority vote of the Board of Trustees of Lakewood on the 11^th day of December, 2023

THE PARTIES HERETO AGREE AS FOLLOWS:

(1) TERM OF AGREEMENT: This agreement shall become effective on January 1, 2024 and remain in full force and effect for a one (1) year term until December 31, 2024.

(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.

(J) Court Security: Lakewood further 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 the officer’s per-hour rate 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.

(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 2024: Busti shall pay Lakewood the sum of Five Hundred Fifteen Thousand ($515,000) 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 one (1) year through December 31, 2024. Either party may cancel this Agreement prior to November 15, 2023 on 90 days’ written notice. This Agreement may not be canceled on or after November 15, 2023, except in a writing signed by both parties.

(8) AUTHORIZATION: This Agreement is made and executed pursuant to a resolution of the Town Board of the Town of Busti adopted on November 6, 2023, and pursuant to a resolution adopted by the Village Board of Trustees of the Village of Lakewood on December 11, 2023.

(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 Randall Holcomb, Mayor

TOWN OF BUSTI

ATTEST: _________________________ By: __________________________

Town of Busti Clerk Jesse M. Robbins, Supervisor

STATE OF NEW YORK )

COUNTY OF CHAUTAUQUA ) ss.:

On the ___ day of ______, 2023 before me personally appeared Randall G. Holcomb, to me known, who being duly by me sworn did depose and say that she resides in Lakewood, New York; that she is the Mayor of the Village of Lakewood, the corporation described in and which executed the within instrument, and that she signed her name thereto by authority of the Village Board of said Corporation. _______________________________

Notary Public

STATE OF NEW YORK )

COUNTY OF CHAUTAUQUA ) ss.:

On the ___ day of ______, 2018 before me personally appeared Jesse M. Robbins, to me known, who being duly by me sworn did depose and say that he resides in Busti, New York; 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

INTERMUNICIPAL AGREEMENT

Agreement made this 1st day of January, 2024 by and between:

TOWN OF HARMONY, of P.O. Box 186, Panama, New York 14767, a municipal corporation of the State of New York,

hereinafter referred to as “Harmony”,

-and-

TOWN OF BUSTI, of 125 Chautauqua Avenue, Lakewood, New York 14750, a municipal corporation of the State of New York,

hereinafter referred to as “Busti”

WITNESSETH:

WHEREAS, every town in the State of New York is charged under Section 381(2) of the Executive Law with administration and enforcement of the New York uniform fire prevention and building code and the New York State energy conservation construction code; and

WHEREAS, the Towns are empowered by law to have a code enforcement officer (CEO) pursuant to Section 20 of the Town Law of the State of New York; and

WHEREAS, Busti has two appointed CEOs, whose services it willing to share with Harmony, and both parties desire to share such services; and

WHEREAS, Towns are empowered to enter into an agreement on a contractual basis for the provision of code enforcement services of CEO’s employed by Busti to Harmony pursuant to Section 119-o of the General Municipal Law of the State of New York, subject to approval by the Town Boards of the Towns.

NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, and the mutual covenants contained herein, the parties hereto agree as follows:

Statement of Agreement. During the term of this Agreement, Busti agrees to provide and make available a CEO to Harmony, and Harmony agrees to use the services of the Town’s CEOs, in accordance with and subject to the terms of this Agreement. The intention at the inception of this Agreement is that the CEO so provided will be Town of Busti Code Enforcement Officer or Town of Busti Fire Code Inspector.

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.

Delivery of Services.

Busti shall provide code enforcement services to Harmony to administer and enforce the uniform fire prevention and building code, the energy conservation construction code, and the Town code, including, but not limited to, Harmony zoning code, with respect to all real property and improvements located within Harmony.

Code Enforcement Responsibilities. The responsibilities of the CEO shall be those set forth in Section 381 of the New York Executive Law, the uniform fire prevention and building code, the energy conservation construction code, Harmony zoning code, as well as any and all other responsibilities properly delegated to the CEO by the Supervisor of Harmony.

Personnel Policies. The CEO shall at all times be employees of the Town.

Dedication of Time. It is understood that the Busti CEO will provide six hours per week on average to Town of Harmony matters. The CEOs shall submit to Harmony a quarterly written report detailing total time spent on code enforcement matters and shall attend the regular monthly meeting of the Town of Harmony Town Board upon request.

Resources.

Salary and Benefits. The Town shall be solely liable for the salary and any benefits to which the CEO shall be entitled. The CEO shall be at all times during the term of this Agreement an employee of the Town.

Consideration. Harmony shall pay Busti an annual fee of $10,000 dollars for services provided by Busti as set forth in Section 3. The payment shall be due on or before April 15, 2024.

Office Expenses. Harmony shall furnish all required office equipment, office space, utilities, postage, and supplies required to provide code enforcement services for Harmony. Harmony shall retain responsibility for issuance of notices as required under the law and organizing of their Zoning Board of Appeals and Planning Board to meet on such matters required under the law.

Liability. Harmony shall bear all liabilities associated with any erroneous, illegal, or inappropriate actions performed by the CEO while performing his duties for Harmony pursuant to this Agreement and shall hold Busti harmless with respect thereto.

Records of Harmony. Effective January 1, 2023, all code enforcement and other building records of Harmony shall be maintained at the offices of the Town of Harmony.

Term. The term of this Agreement shall be for one (1) year, commencing on January 1, 2024, and continuing to December 31, 2024.

Authorization. This Agreement is made and executed pursuant to a resolution by the Town Board of the Town of Busti, adopted on January 8, 2024, and the Town Board of the Town of Harmony adopted on ___________________________, 2024. Pursuant to said resolutions, the Supervisors of the Towns are authorized to and have executed this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above.

TOWN OF HARMONY

By: __________________________________

John Brown, Supervisor

TOWN OF BUSTI

By: ____________ Jesse C. Robbins, Supervisor

STATE OF NEW YORK )

COUNTY OF CHAUTAUQUA ) ss:

On the _____ day of ______________ in the year 2023 before me, the undersigned, personally appeared John Brown, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.

______________________________

Notary Public

STATE OF NEW YORK )

COUNTY OF CHAUTAUQUA ) ss:

On the _____ day of ______________ in the year 2023 before me, the undersigned, personally appeared Jesse C. Robbins, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.

______________________________

Notary Public

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 2023 – 2024.

BUSTI HISTORICAL SOCIETY AGREEMENT

This agreement made and entered into this 1^st day of January, 2024, 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:

ORGANIZATION agrees to provide the following services to TOWN for the period commencing January 1, 2024, to December 31, 2024: Maintenance of historical landmark, the Busti Mill, and historical programs for education and general public.
TOWN shall pay to ORGANIZATION the sum of $250.00 for such services on or before the 10^th day of February, 2024.
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.
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 2024, 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:

ORGANIZATION agrees to provide the following services to TOWN for the period commencing January 1, 2024 to December 31, 2024: Memorial Day Services and decoration of graves at Sunset and Busti Cemeteries as well as other Town and Busti Cemeteries.
TOWN shall pay to ORGANIZATION the sum of $450.00 for such services on or before the 3^rd day of July, 2024.
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.
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 1^st day of January, 2024 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.

(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, 2024, and the same amount on July 1, 2024

(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, 2024, and continuing to December 31, 2024.

(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 8, 2024 and Town of CARROLL adopted on January ____, 2024

(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 ___________, 2024, 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 ___________, 2024 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

AGREEMENT

THIS AGREEMENT made and entered into this 1st day of January, 2024 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, 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 the Assessor pursuant to this Agreement, provided, however, that ELLICOTT shall receive a credit in the amount of sixteen thousand two hundred fifty dollars ($16,250.00) for the Assessor Clerk it provides to BUSTI, leaving a balance of twenty two thousand three hundred thirty eight dollars ($22,388.00) owing to BUSTI..

(b) Manner of Payment: ELLICOTT shall pay BUSTI eleven thousand one hundred sixty-nine dollars ($11,169.00) on February 7, 2024; and eleven thousand one hundred sixty-nine dollars ($11,169.00) on July 1, 2024.

(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, 2024, and continuing to December 31, 2024

(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 ____, 2024 and Town of ELLICOTT adopted on January ____, 2024.

(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 ___________, 2024, 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 ____________, 2024, 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, 2024, 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, 2024, and the same amount on July 1, 2024.

(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, 2024, and continuing to December 31, 2024.

(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 8, 2024.

(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 ___________, 2024 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.:

__________________________

Notary Public

TOWN OF KIANTONE ASSESSING AGREEMENT

THIS AGREEMENT made and entered into this 1st day of January, 2024, 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, 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.

(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, 2024, and three thousand one hundred forty-two dollars ($3,142.00) on August 1, 2024.

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, 2024 and continuing to December 31, 2024.

(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 8, 2024 and the Town of KIANTONE on January ___, 2024.

(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 ___________, 2024 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 ____________, 2024 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.

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

“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.

“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.

“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:

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

the maintenance of machinery or equipment.

“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.

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.

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.

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.

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.

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.

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.

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.

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

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General Fund and the Highway Fund, Abstract No. 13 from warrant #773 to and including warrant #830 in the amount of $55,383.90 and Abstract No. 1 from warrant #1 to and including warrant #19 in the amount of $21,213.89.

Upon roll call vote, all aye, carried.

Supervisor Robbins motioned to accept the December 4, 2023 Regular Meeting minutes; motion was duly moved by Councilman Andrews.

All in favor, carried

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

RESOLVED, the Town of Busti Town Board declare the wooden chairs used in the boardroom as surplus and authorize Town Clerk Darlene Nygren to sell as she sees fit.

Upon roll call vote, all aye, carried.

Supervisor Robbins moved to adjourn the meeting at 8:02 p.m., motion was seconded by Councilman Hanson.

Respectfully Submitted,

Darlene H. Nygren, Town Clerk

2024 Organizational Meeting – January 8, 2024

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