June 14, 2018

The Mina Town Board met on the above date for the regular meeting.  Supervisor Brumagin called the meeting to order at 7:00 pm by leading with the Pledge of Allegiance to the flag.  The following members and guests were in attendance: Present:       

Rebecca Brumagin………… Supervisor
Dennis Luce……………...……Councilman
Ernie Roache...………..………Councilman
Dick Watrous………………….Councilman
Dave Wilcox…………………..Councilman

   Attended by:   Amy Allen, Denis Cooper (Mina Town Justice)(7:22 pm), Ed Mulkearn (Findley Lake Watershed Foundation), Sherri Schenk, Jennifer TeWinkle, Roger TeWinkle  

Minutes:  Motion was made by Councilman Luce and seconded by Councilman Roache to accept the minutes of the May 8, 2018 meeting as presented.  Motion carried.

Comments/Concerns from those present:

  •    Roger TeWinkle asked if herbicides were used in Findley Lake.  Supervisor Brumagin informed him that the NYSDEC has not allowed herbicides to be used in the lake for many years.  Ed Mulkearn, President of the Findley Lake Watershed Foundation, provided additional detail on DEC’s positon of not permitting herbicides in the lake for weed control.  Mr. TeWinkle then brought up his concern about the herbicides that a local farmer has been spreading on the fields across the road from his house/business.  He and his wife Jennifer stated that their bed & breakfast is listed as an organic farm.  With herbicides and food waste being spread so close to their house and with the potential for runoff from the harmful chemicals, they are concerned that they will not be able to represent their farm as organic.  The TeWinkles along with their neighbor Amy Allen are requesting that the town board research the possibility of amending the town’s zoning law to not allow the spread of herbicides on farm land in the Town of Mina.  Supervisor Brumagin will check with the Association of Towns on this matter. 


  •    Findley Lake Watershed Foundation – Ed Mulkearn reported that the annual meeting of the Watershed Foundation will be held on the 3rd Saturday of July (July 21st) at 7:00 pm at Camp Findley and invited the town board to attend.  He also discussed the Chautauqua County Shared Services proposal to form a sewer district with the Village of Sherman and the hamlet of Findley Lake.  He stated that Findley Lake is listed as an impaired lake by NYSDEC and the situation is becoming worse because of poor septic systems and cottages that are being replaced or updated to larger homes around the lake.
  •    Justice – Justice Cooper reported that the first of the year 2018, NYS required that all arraignments must have legal counsel and that in Chautauqua County currently most municipalities use the public defender.  The County Magistrates meeting is in two weeks and he will learn more about it at that time.  Supervisor Brumagin reported the justice audit findings for calendar year 2017.

Comments/Concerns from those not present:   none

Town of Mina
Board Resolution #8-18
Justice Audit
June 14, 2018

At a regular meeting of the Mina Town Board held on Thursday, June 14, 2018, Mina Town Supervisor Rebecca N. Brumagin, submitted a report of findings of the audits conducted on the justice records for the calendar year 2017.   Her report included information on the process for reviewing records including monthly bank statements, bank reconciliations, accountability reports, the cash receipt journal, the cash disbursement journal, partial payments reports, NYS Justice Court reports, TSLE&D reports and a sampling of court docket files and cases.  Findings for 2017 were as follows:

  • All financial records are complete and up-to-date with the exception of a $50.00 unresolved overage on a deposit in September 2017.
  • Monthly bank reconciliations have focused on deposit and withdrawal amounts but have not adequately reconciled the bank ending balance with the checking account cash balance.  This process will be fully implemented in the first half of the 2018 calendar year.
  • Transactions are recorded properly with the exception of the $50.00 unresolved overage referenced in item #1 above.
  • Accountability is determined monthly with the exception of a printed bail list which will be implemented monthly starting in the first half of the 2018 calendar year.
  • Required reports are made timely and accurately.
  • Three pending cases on the TSLE&D report have not been resolved through TSLE&D and have been pending for 5+ years.

A motion was made by Councilman David Wilcox and seconded by Councilman Richard Watrous to accept the findings of the 2017 Town of Mina Justice Court Audit.  The vote was as follows:

Supervisor Brumagin – Aye
Councilman Luce – Aye
Councilman Roache – Aye
Councilman Watrous – Aye
Councilman Wilcox – Aye

The resolution passed unanimously.

Old Business:

  • Supervisor Brumagin prepared a draft of responsibilities for an Information Technology consultant for her and Councilman Luce to use when interviewing prospective consultants.  Supervisor Brumagin has also drafted an Information Technology Acceptable Use Policy.
  • Supervisor Brumagin reported on the subdivision boundaries project.  She noted that the status of the docks off the town park on Shadyside needs to be resolved.  Supervisor Brumagin also presented information on lake access for the Woodland/Woodlawn Shores subdivisions.
  • Findley Lake Fire Department tennis court property – Supervisor Brumagin reported that she has received the documents from the attorney regarding needed changes to the boundaries. The fire department can now proceed with transferring the property to the town.  She will contact the attorney to move the process forward.
  • Chautauqua County Shared Services Formation of Sewer District – The County Legislature has approved an additional $9,000 toward engineering services for the Village of Sherman’s upgrade project to include expansion of the district to include Findley Lake.


  • Edwards Chapel United Methodist Church – Thank you note for contribution in memory of Jerome Tenbuckel.
  • Clymer Central School 2018 After Prom – Thank you note for contribution toward after prom.
  • Chautauqua County Real Property Tax – Certificate of Satisfaction of the Tax Warrant issued to the Town of Mina.
  • Southern Tier West – NYS Archives – Records Management Cemetery Grant notice that funding was not approved.
  • Pam Thomson (from the Chautauqua County Office of Real Property Services) – Notice that she was retiring as of 5/31/18.
  • NYSDOT – Announcing the availability of $100 million in funding through the Transportation Alternatives Program (TAP) and the Congestion Mitigation and Air Quality Improvement Program (CMAQ).
  • Univera Healthcare – Proposed premium rate changes of -1.6% for the 2019 year.
  • Community Connections at Findley Lake – AARP driving class to be offered at the Community Center on June 26, 2018.
  • ZOOMERS, Community Connections & Findley Lake Nature Center – “Nature on the Trails” event on June 19, 2018.
  • Community Connections – Part-time job opening for a Wellness/Education Coordinator.
  • National Grid – Inquiry regarding trees planted for Arbor Day.
  • Charter Communications – July 1, 2018 Olympusat is ceasing distribution.
  • NYSERDA (New York State Energy Research and Development Authority) – Information on Community Solar 101 for Municipalities.
  • Village of Sherman – Pamphlet on what is going on this summer in their village.
  • JNK Machine – Notice of change of ownership from Bart & Sara Schuver to Nick Bradish.
  • Southern Tier West Regional Planning & Development Board – Newsletter


  • Recreation Committee –  Councilman Roache reported that the yoga group is buying a fan to use in the gym.
  • Assessor – Heather Young-Deyell reported there were no complaintants for the Town of Mina on Grievance Day.  The 2018 Assessment Roll will become final July 1, 2018 and will be filed with the NYS Office of Real Property Tax Services.  The tentative equalization rate for 2018 has been established at 100%.  Supervisor Brumagin reported that the Assessor has asked to have her hours reduced on Friday afternoons.
  • Community Center – Supervisor Brumagin reported the Highway Superintendent spoke with her about resealing the parking lot at the Community Center.
  • Town Clerk/Tax Collector – The Town Clerk’s report was distributed reporting the collection of fees and sales of $1,853.00 for the month of May 2018.  She has paid the Supervisor $1,377.93, NYS Ag and Markets for dogs, $19.00, NYS Health Dept. for marriage licenses, $45.00, and NYS DEC $411.07.
  • CEO/Building Inspector – Melanie Eddy’s report for May 2018 was distributed.
  • Supervisor – Supervisor Brumagin distributed the April 2018 and May 2018 financial statements.  She completed the Annual Audit and filed it with the state. She also prepared the end of the year budget transfers and the Bookkeeper, Town Clerk, Tax Collector and Justice Audits for 2017.  Councilman Luce made a motion seconded by Councilman Watrous to approve the budget transfers and audits for 2017.  Motion carried unanimously.

Ayes – 5   Brumagin, Luce, Roache, Watrous, Wilcox

Nays – 0   

New Business:

  • Supervisor Brumagin reported on the three findings from the NYMIR Insurance Audit.
  • An exit sign light was out at the Community Center (it was fixed before they left);
  • Formalizing traffic signs at the Highway Barn (Superintendent Himelein said he will  complete in July);
  • Master battery disconnect switches should be considered when buying new large vehicles and equipment (was included on the dump truck purchased in 2016 and will be included on future purchases).
  • Superintendent Himelein relocated and painted the crosswalk on Shadyside Road at Paradise Bay in accordance with the NYMIR study that was done.  National Grid installed a light on the utility pole near the new crosswalk.
  • Southern Tier West informed the town that it is working on a project taking pictures of headstones for a GPS System that people would be able to access through the town’s website.  They will notify the town of the proposed cost and their availability.
  • Supervisor Brumagin explained that the town has money in three certificates of deposit dating back to when the town assumed responsibility for the cemeteries.  She reported that the Findley Lake Cemetery only has a small plaque to identify it and suggests erecting a sign so people are able to see the name of the cemetery.  Also, the sign at the Mina Cemetery needs painted.  Money from the CDs could be used towards these projects.
  • Supervisor Brumagin reported that the Town of Mina has completed the Bronze Certification in the NYS Retirement System and municipalities have until August 31, 2018 to complete the Silver Certification.
  • NYS Retirement System requires an accounting of work time for the first three months of a new elected term or appointment for those officials and employees who are not required, by the town, to participate in the town’s time keeping system.

Town of Mina
Resolution #9-18
New York State Retirement Fund Standard Work Day and Reporting Resolution

BE IT RESOLVED, that the Town of Mina hereby establishes the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employees Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body:






Participates in







(based on



Work Day


Time Keeping

Record of





System (Y/N)


Elected Officials












Town Clerk

Sherrie Tanner


1/1/18 -









Highway Superintendent

William Himelein


1/1/18 -









Town Justice

Denis Cooper


1/1/18 -









Appointed Officials












Building Inspector/CEO

Melanie Eddy


1/1/18 -









Councilman Watrous made a motion seconded by Councilman Wilcox to accept the above resolution #9-19. 

    Brumagin – Aye
    Luce – Aye
    Roache – Aye
    Watrous – Aye
    Wilcox – Aye

The motion passed unanimously.

  • Supervisor Brumagin reminded all in attendance that the August meeting will be held on Tuesday, August 14 at 7 pm.

Executive Session:  At 8:48 pm Councilman Luce made a motion, seconded by Councilman Roache to adjourn to Executive Session for potential lawsuit and a personnel matter.  Motion carried.  At 8:54 pm Councilman Watrous moved, seconded by Councilman Roache, to return to regular session.  Motion carried unanimously.

Payment of Monthly Claims/Transfers:

  • Payment of Monthly Claims/Transfers –   The monthly claims were examined.

Councilman Watrous moved, seconded by Councilman Roache, to pay the monthly claims.  In the General Fund claim #123 through #163 in the amount of $17,909.94 and in the Highway Fund claim #59H through #70H in the amount of $110,490.76 were approved to pay.  Motion carried unanimously.

            Approved:  Ayes – 5   Brumagin, Luce, Roache, Watrous, Wilcox

Other Business/Actions:  Supervisor Brumagin reminded board members that the next town board meeting will be held on Thursday, July 12, 2018 at 7 pm.  As there was no further business to come before the Board, Councilman Wilcox moved to adjourn the meeting at 8:57 p.m.

Respectfully submitted,

Sherrie R. Tanner
Town Clerk