June 5, 2017
A regular meeting of the Town Board of the Town of Busti was held on Monday, June 5, 2017 at 6:45 p.m., at the Town of Busti, Town Administration Building, 125 Chautauqua Avenue, Lakewood, New York with the following members present:
Supervisor Jesse M. Robbins
Councilman Jim Andrews
Councilman Todd Hanson
Councilman Rudy Mueller
Absent – Councilman Kenneth Lawton
Supervisor Robbins called the meeting to order with the salute to the flag and a moment of silence was observed.
Present at the meeting were: Highway Superintendent Melvin Peterson, Lakewood Busti Police Chief John Bentley, Code Enforcement Officer Jeff Swanson, Attorney Joel Seachrist, Mary Griffin, Susan Lane, and Ray Ayers.
Mary Griffin inquired about the DEC burning ban. CEO Swanson noted the ban is no longer in effect, however there are certain regulations for open burning – please check DEC website for further information.
Town Clerk Darlene Nygren reported she received notice the Town of Busti was not awarded the Local Government Records Management Improvement Fund grant. The funds would have been used towards the construction of a Records Room. Town Clerk Nygren and Deputy Clerk Susan Huffman watched a webinar “Fiscal Responsibilities of the Town Clerk” on June 2nd , which was presented by the Office of the State Comptroller. All Transfer Sticker renewal forms were mailed on June 2nd and sales began today, 18 were sold today. Town Clerk Nygren noted she received an invitation from Slone-Melhuish Insurance to attend a seminar “Cyber Liability/Data Breach” on Tuesday, June 13th.
Town Clerk Nygren reported she received an email from Southwestern Soccer Club, the club was inquiring if sponsors could place banners on the fence along the small field. Attorney Seachrist stated there was no legal restrictions except the town cannot solicit for sponsors, the club would have to solicit. Discussion followed. The board would like to know the size of the proposed banners and have them displayed between May 1st and October 1st only.
Councilman Hanson moved to authorize Supervisor Robbins to sign the following agreement with Southern Chautauqua Federal Credit Union, which was duly moved by Councilman Mueller:
Upon roll call vote, all aye, carried.
THIS AGREEMENT, made the __ day of June, 2017 by and between Southern Chautauqua
Federal Credit Union with its principal place of business at 168 E. Fairmount Avenue Lakewood, NY 14750 (hereafter “Credit Union”) and the Town of Busti with its main offices at 125 Chautauqua Avenue Lakewood, NY 14750 (hereafter “Busti”)
WHEREAS, Credit Union wishes to donate the sum of Five Thousand Dollars to Busti, such monies to be used in connection with the construction of a concession stand building to be located at Loomis Bay Park and,
WHEREAS, as consideration for the gift of monies by Credit Union, Credit Union wishes to have its name and logo displayed on certain signage to be placed on the said concession stand building and,
WHEREAS, Busti is agreeable to accepting the gift of such monies from Credit Union and is agreeable to having certain signage hereinafter described affixed to the said concession stand building.
NOW THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the parties hereto hereby agree as follows:
- Credit Union shall make a one-time Five Thousand Dollar ($5,000.00) donation to Busti within thirty (30) days of execution of this Agreement by both parties.
- In consideration for the above described Five Thousand Dollar ($5,000.00) donation, Busti agrees, for a period of seven (7) years from the date of the first use of the said concession stand building, to affix and maintain a sign on the exterior of said building listing the names of the donors who have donated towards the costs of construction of said building with the Credit Union’s name and logo being at the top of such list.
- That the parties acknowledge and agree that the said concession stand building and sign listing donors shall be and will always remain the sole property of Busti and that other than the right to have its name on the sign as hereinabove described, Credit Union shall have no other rights with respect to such concession stand building.
- The parties will mutually agree on the design, size and placement of the sign.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date set forth above.
Town of Busti by
Lakewood Busti Police Department Chief John Bentley reported 4,290 incidents year to date, 654 incidents since the last board meeting. The department participated with the governor’s “Traffic Safety Buckle Up/Aggressive Driving” program for the last two weeks. Approximately 300 tickets were issued.
Highway Superintendent Melvin Peterson reported the Highway Department has been out patching and preparing to stone & oil and blacktop town roads. The proposed roads for paving are Wellman Road at the intersections, Shadyside Road from Lawson Road to the bridge at Nutt Road, Creek Road will be stoned and oiled, and Pine Ridged will be finished. Town of Ellicott Highway Superintendent has discovered the price of blacktop in “downstate” is $21 cheaper than what is being charged in Chautauqua County. The local superintendents were told it is because of the district we are in, similar to the varying gas prices. Superintendent Peterson will contact the county requesting they cut back the grass on the corner of Big Tree and Hunt roads, the grass is obstructing the view of oncoming traffic. Superintendent Peterson reported an accident at Big Tree Road/Baker Road took the blinking light down. The City of Jamestown assisted in removing, repairing and reinstalling the light. Supervisor Robbins asked what municipalities were partnering with the purchase and use of the bucket truck and what it will be used for. Highway Superintendent Peterson explained the truck will be shared by the Town of Busti, Village of Lakewood, and the Town of Kiantone. It will be used to put up flags and other decorations on the utility poles, as well as tree trimming. The truck must be certified every three years and is insured through the Village of Lakewood. Chautauqua County is grinding up pavement in the City of Jamestown and asked if the town could provide trucks for hauling, in exchange the town can have millings at no cost.
Code Enforcement Officer Jeff Swanson reported he, Attorney Joel Seachrist, and Town Clerk Nygren attended the recent County Supervisor’s meeting where Zombie properties were discussed. The Town Supervisor is the only town official authorized to request information on specific Zombie properties. The spring season is bringing in applicants for building permits. CEO Swanson anticipates the town will receive notification regarding the NYSERDA grant sometime mid-June.
Supervisor Robbins noted at the May 15th town board meeting there was discussion regarding the Town Hall meeting held by Congressman Tom Reed on Saturday, May 6th. The board discussed sending a letter to Congressman Reed: thanking him for conducting the meeting; apologize for the distraction from the issues; and invite him to return to the Town of Busti. Councilman Lawton volunteered to write the letter and distribute it to the board for their review. Councilman Lawton presented the proposed letter to the board for their review via an email prior to tonight’s meeting.
Supervisor Robbins moved that the town board send the letter to Congressman Reed as presented (see below), which was duly moved by Councilman Hanson. Discussion followed. Councilman Mueller disagreed with the letter containing an apology, stating he would not sign the letter as presented.
Upon roll call vote,
Supervisor Robbins – aye
Councilman Andrews – aye
Councilman Mueller – nay
Councilman Hanson – aye
June 5, 2017
Hon. Tom Reed
Congressman, 23rd District of New York
2 East 2nd St., Suite 208
Jamestown, NY 14701
Dear Congressman Reed:
Thank you for visiting the Town of Busti for one of your many town hall meetings. We are honored that you would take the time from your busy schedule to visit our community and discuss current events in the federal government. We support your effort to communicate with the constituents in your home district and hope that you will continue to do so. We believe that the path forward begins from your efforts to promote healthy communication.
Unfortunately, at the recent Busti town hall meeting, a group of vocal people attempted to railroad the meeting by shouting at inappropriate times, interrupting you and other members of the audience. This behavior directly resulted in the obstruction of dialogue that would allow for learning and sharing of ideas. Several attendees and members of the community were disgusted by this behavior. The Town Supervisor together with the Town Councilmen, as representatives of the Town of Busti, would like to take this opportunity to apologize for the behavior of this select group. Unfortunately, we are unable to directly apologize to the members of the audience who were unable to be heard due to the commotion.
We believe that Americans have the right and duty to express their displeasure. However, we are hugely disappointed in the disruptive tactics used at this meeting. Several children and adolescents were in attendance to observe Civics. We are hopeful that they understand the example set by the group that day is not exemplary. A town hall meeting isn’t a one-sided protest march. It is a time for two-way communication. We believe that vigorous debate is healthy, but it should be kept civil.
Again, thank you for taking the time and we hope that the audience behavior at your next visit will be more constructive and open-minded.
Jesse Robbins, Town Supervisor Todd Hanson, Deputy Town Supervisor
Ken Lawton, Town Councilman Jim Andrews, Town Councilman
Rudy Mueller, Town Councilman
- Darlene Nygren, Busti Town Clerk
Supervisor Robbins noted the board had received notice from Court Clerk, Elizabeth Davis, stating the court officer has submitted his resignation and the court is now looking for a replacement. Court Clerk Davis noted she contacted Chautauqua County Sheriff Department regarding supplying Deputies to act as Court Officer. The Sheriff contract for such service is as follows:
$28.47 per hour; with a minimum of 4 hours per night = $113.88 per night. The town court is typically in session 10 nights per month which would have an estimated monthly cost of $1,138.80 and an annual cost of $13,665.60.
The court office would like to recommend increasing the court officer pay rate from $15.76 to $17.50 per hour with hope to have interest from a local (LBPD) officer. The proposed rate increase would have an estimated monthly cost of $420 and an annual cost of $5,040. Discussion followed. Chief Bentley noted LBPD officers’ pay rate ranges from $16.49 to $21.90, he does recommend the town continue to have an armed court officer present at all court sessions.
Councilman Hanson moved the following resolution, which was duly moved by Councilman Mueller:
RESOLVED, the court officer pay rate be increased to $17.50 per hour with a two-hour minimum.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted Attorney Joel Seachrist had received a letter of complaint last fall regarding the Busti Trap Club and the use of semi-automatic rifles and pistols. The letter notes the original special use permit issued to the club in 1968 stating that shooting will be done with shot guns only. Mr. Seachrist and CEO Swanson have discussed the matter. A follow up letter was received in May. Discussion followed. CEO Swanson noted the Noise Ordinance passed in 2005 listed gun clubs exempt. Mr. Seachrist stated the complaint is not about the “noise” but rather the type of guns that are being used and recommended the gun club either comply to the original special use permit stipulations or apply to revise the permit. Discussion continued. The board recommended CEO Swanson contact the gun club regarding the complaint.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General Fund, Highway Fund, and the Joint Recreation Fund for Abstract No. 8 from warrant #291 to and including warrant #343 in the amount of $77,971.61.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to accept the May 15, 2017 Town Board minutes from the regular meeting with changing the word “agreed” to “discussed” regarding the letter to Congressman Reed, motion was duly moved by Councilman Mueller.
All in favor, carried.
Councilman Mueller noted that he and Village Trustee will be meeting with the library boards on July 12th.
Councilman Hanson inquired about the status of patching the holes in the concrete on the rear of the Administration Building and recommended that the wall air conditioner unit located in the rear of the building be removed and the area be patched at the same time. Supervisor Robbins will contact Johnson and Johnson contractors about the work. Councilman Hanson also noted the eaves-trough at the back of the building needs repaired and the trees may need to be removed if they are located on the town property. Highway Superintendent Peterson will mark the property line with a ribbon from stake to stake.
Town Clerk Nygren will contact Frances Porpiglia, National Grid Customer Representative, regarding when the new street light on Cramar Drive will be installed.
Supervisor Robbins moved to enter Executive Session at 7:28 p.m. to discuss terms of a Real Estate Property Contract, motion was duly moved by Councilman Hanson.
Supervisor Robbins moved to end the Executive Session and enter back to the Regular Meeting at 7:42 p.m., motion was duly moved by Councilman Andrews.
There was discussion regarding properties that are out of compliance with Town Code and abandoned properties.
Supervisor Robbins moved the following resolution, which was duly moved by Councilman Mueller:
RESOLVED, Supervisor Robbins be authorized to submit and sign a letter to Chautauqua County Finance Department requesting to remove property from the list of properties to be auctioned on June 17, 2017 and to acquire title to it. The property is located at 4411 Fairmount Avenue in the Town of Busti with the s/b/l 385.05-5-8.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to close the meeting at 7:51 p.m., which was duly moved by Councilman Andrews.
All aye, carried.
____________________________________ Darlene H. Nygren, Town Clerk