November 2, 2020 (Draft)
A regular meeting of the Town Board of the Town of Busti was held on Monday, November 2, 2020 at 6:45 p.m., at the Town of Busti, Town Administration Building, 125 Chautauqua Avenue, Lakewood, New York and via HD meeting video or tele conference, with the following members present:
Supervisor Jesse M. Robbins
Councilman Todd Hanson
Councilman Jim Andrews
Councilman Paul Gustafson
Councilman Randy Sargent
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, Linda Anderson, Doug Brown, Jack Knowlton, John Schnars, Taylor West and Randall Perry – Chautauqua Lake and Watershed Management Alliance, David Paterniti, Aaron Kier, Greg Johnson, Josh Pilling, Brad Buck, Diane VanDewark, James Butler, Jamie Gustafson, Mike Nygren, Michael Miceli, Janet Briggs, and Tim Young. Deputy Town Clerk Susan Huffman joined the meeting late via tele – video conference.
All present practiced social distancing as advised under NYS FORWARD directive.
Town Clerk Darlene Nygren stated Chautauqua County Municipal Clerks’ Association is collecting donations for BLUE STAR MOTHERS Christmas Care Package Project; there will be a collection box in the lobby of the Clerk’s office, all donations should be brought to the office no later than Tuesday, November 17th
Randall Perry, Chautauqua Lake and Watershed Management Alliance, updated the board on the 4,600 linear feet Lakewood Busti Swales project, which is mainly funded through New York State. The project contractor, Rock WNY, has begun work on 1st Avenue; the Busti Highway Department and Lakewood DPW have been working on ditch prep; and ECOstrategies, project engineer, has been marking locations. The Busti Highway Department will be assisting with traffic control as needed. Jack Knowlton, Busti’s Cemetery Caretaker, has expressed a concern regarding the number of trees that are designated to be planted along Southland Avenue, stating each tree could cause the loss of four graves. ECOstrategies and Mr. Perry met with Mr. Knowlton to discuss the placement of the trees and agreed to reduce the number of trees from twelve to six, with board approval. Mr. Perry stated the six remaining trees would need to be relocated to another Swales approved location. Councilman Gustafson inquired about the timeline for planting the trees; Mr. Perry stated the plan is for trees to be planted before frozen ground conditions.
Supervisor Robbins moved the following resolution, which was duly moved by Councilman Gustafson:
RESOLVED, to approve adjusting the Lakewood Busti Swales project by reducing the number of trees to be planted at the Southland Avenue sight from twelve to six and relocating the remaining six trees to another location within the approved project area.
Upon roll call vote, all aye, carried.
Chief John Bentley reported 6,315 incidents year to date and approximately 456 incidents since the last meeting. Officer Jeff Spencer will be retiring in mid-November and will be replaced by another fulltime patrol officer.
Highway Superintendent Melvin Peterson reported he met with ECOstrategies to see the “check dams” locations for the Swales Project and minimized the size to reduce erosion in the event they were not completed this year. The Highway Department has been mowing roadsides and working on snow control.
Code Enforcement Officer Jeff Swanson reported the Comprehensive Plan Implementation Committee met, via Zoom, with Don McCord and hopes to have the final draft complete before the year end.
Jack Knowlton reported Lakewood Fire Department had 84 calls in October and 725 ytd. The department assisted with the search for the lost aircraft and the recent fatal accident in the town.
Supervisor Robbins noted it was 7:00 p.m. and time to open a Public Hearing for Local Law 6 for the year 2020 “Amending Regulations for Stand-Alone Accessory Buildings”. Motion was duly moved by Councilman Andrews.
All in favor, all aye.
Proof of publication was placed on file.
Supervisor Robbins asked for public comment. Jim Butler, Town of Busti Planning Board Member, stated he would like to see more communication between the Town Board, Planning Board, and the Zoning Board of Appeals prior to amending the current Zoning Code; the input from all boards could reduce the ramifications of changing the Zoning Code and give a better understanding of the deviations between new and existing laws. Mike Miceli noted he is interested in purchasing property on Forest Avenue that includes a Stand-Alone Accessory building and would like to use it for night parking of his business vehicles, and periodically would use the building to do maintenance on the vehicles. He has spoken to area residents regarding having his business in the building; some were concerned of the impact the business might have to their property value, the traffic, and were opposed to the building being used as commercial while others stated they would be glad to see the building used even if it was for commercial purpose. Dave Paterniti, Planning Board Chairman and member of the Comprehensive Plan Committee and the Implementation Committee, is concerned with the way recent zoning changes have been made; he is unsure if there had been a review of the updated Zoning Code draft. He continued stating this proposed amendment would affect more buildings than the one on Forest Avenue which has been a bone of contention since the day it went up. Zoning Board of Appeals Chairman, Tim Young and members of the Planning Board: Linda Anderson, Diane VanDewark, and Janet Briggs, all stated they agreed with the concerns that have already been expressed and would like to see the board communicate with the Planning Board and Zoning Board of Appeals prior to making such changes. Supervisor Robbins noted the town is seeing an increase in Stand-Alone Accessory buildings due to larger parcels being split prior to selling a residence. He will organize a date for the three boards to meet prior to the next Town Board meeting which is scheduled for December 7th. Attorney Joel Seachrist noted a Special Use Permit remains with the property and a new owner would be subject to the original terms and conditions; he stated that the problem will continue to surface if there are other buildings in the town with the same issue.
Supervisor Robbins noted it was 7:38 p.m. and moved to close the public hearing, motion was duly moved by Councilman Hanson.
Supervisor Robbins will contact Chairmen Dave Paterniti and Tim Young to set up a meeting. Councilman Gustafson stated he would like to see better communication with the Planning Board and Zoning Board of Appeals when Zoning Laws are involved.
Supervisor Robbins noted New York State has a signed a new law that requires public employers to create plans to protect employees and contractors in the event of another public health emergency declaration in NYS; this largely amends NYS Labor Law and must be approved by April 1, 2021. The Association of Towns is recommended towns assemble a planning team including department heads, town board members, and legal counsel. Town Clerk Nygren stated she participated in a webinar hosted by the AOT on October 7, 2020. The webinar speaker stated the Justice Department is responsible for developing their own plan. Discussion followed. Councilman Gustafson noted he has worked on a similar plan in his job. He would be willing to be a part of the planning team. The board agreed to create a team consisting of Supervisor Robbins, Councilman Gustafson, Highway Superintendent Peterson, and Town Clerk Nygren. The committee will create a draft emergency plan, submit it to Joel Seachrist and the other Town Board members for their review.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General Fund, Highway Fund, and the Joint Recreation Fund for Abstract No. 13 from warrant #610 to and including warrant #653 in the amount of $153,446.21.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to accept the October 19, 2020 Regular Town Board minutes; motion was duly moved by Councilman Gustafson.
All in favor, carried.
Supervisor Robbins motioned to adjourn the meeting at 7:40 p.m., motion was duly moved by Councilman Hanson.
All in favor, carried.
Respectfully Submitted, ________________________________
Darlene H. Nygren, Town Clerk