REGULAR MEETING
January 19, 2016
A regular meeting of the Town Board of the Town of Busti was held on Tuesday, January 19, 2016 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 Jim Andrews
Councilman Kenneth J. Lawton
Councilman Rudy Mueller
Absent: Councilman Todd M. Hanson
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: Code Enforcement Officer Jeff Swanson, Lakewood Busti Police Chief John
Bentley, Attorney Joel Seachrist, and Myra Blasius.
Town Clerk Darlene Nygren reported that her office has begun collecting 2016 County Town taxes and had
collected $430,617 to date.
Chief John Bentley reported 556 incidents YTD. Chief Bentley noted that he has ordered new parking
tickets that will include the Local Law 2015-3 “Prohibiting Overnight Parking In Town Parks”. He also
noted that the department received $7,400 from a combined grant application for Explosive Canine Units.
Code Enforcement Officer Jeff Swanson reported Davis-Ulmer Sprinkler Co will be conducting a forum to
discuss the Carbon Monoxide Enforcement process on February 17th and would like to attend at no cost to
the town. CEO Swanson noted that the town needs to establish a fee schedule for Cell Towers; he has
researched what other municipalities have implemented but has not found many examples. Attorney Joel
Seachrist suggested that the board review the current tower law and see where it needs to be updated. CEO
Swanson stated that he and the Town Clerk’s office have begun to implement the procedures for handling
property maintenance complaints. All complaints should be directed to the Town Clerk’s office, which
documents the complaint and then forwards it to the Code Enforcement Officer for enforcement. CEO
Swanson noted that he emailed the board with an example of Home Occupation definition and would like
their feedback.
Supervisor Robbins moved to approve Code Enforcement Officer attending Carbon Monoxide
Enforcement forum on February 17th at no cost to the town, which was duly seconded by Councilman
Andrews.
All aye. Carried.
Councilman Mueller moved to add Councilman Lawton to the Health Insurance & Compensation
Committee, which was duly seconded by Councilman Andrews.
All aye. Carried.
Councilman Mueller noted that he had submitted a letter to the board stating that he did not want to receive
the councilman salary in the amount o $5,500 for the year 2016, with the understanding that the board
would determine where to designate the funds. Attorney Joel Seachrist noted that Councilman Mueller has
the legal right to reject his salary however; the board would then authorize where to direct the funds.
Discussion followed. It was noted that any distributions should be considered from the Town of Busti and
not Councilman Mueller.
Councilman Mueller moved the following resolution which was duly seconded by Councilman Lawton.
RESOLVED, that $5,500 from the current budget be distributed as follows: $2,000 be split
evenly between the Busti Fire Department and Lakewood Fire Department; $2,000 be split evenly between
the Hazeltine Library and Lakewood Memorial Library, and $1,500 be given to the LoCo Trail.
Upon roll call vote, all aye, carried.
Supervisor Robbins would like to meet with representatives from the Hazeltine Library and the Lakewood
Memorial Library, along with Councilman Mueller to discuss how to reduce the amount of town funds
budgeted for aid to the libraries.
Supervisor Robbins moved the following resolution which was duly seconded by Councilman Lawton:
RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General
Fund, Highway Fund, and the Joint Recreation Fund for Abstract No.26 from warrant #957 to and
including warrant #977 in the amount of $23,525.89; and Abstract No. 2 from warrant #9 to and including
warrant #18 in the amount of $19,730.47.
Upon roll call vote, all aye. Carried.
Councilman Mueller thanked Town Clerk Nygren for her willingness to try to post the Town Board
minutes on the website prior to the next board meeting.
Councilman Lawton reported the LoCo Trail Committee continues to develop a plan for the trail, to seek
funding for 2016 and communication with the railroad. The committee would like to complete an updated
study in regards to the trail’s location, they would be using volunteers and possibly hiring Pashek to assist
with the study and any grant applications. Councilman Lawton asked the board to consider donating $2,500
to the LoCo Trail which would be used towards the cost of preliminary engineering and grant applications.
Money not used in the application process would be reserved for construction. He stated that the committee
will be contacting the Village of Lakewood to request their financial support of $2,500. The updated study
should reveal which location would be best for the trail: the railroad vs. town property.
Councilman Lawton motioned the following resolution which was duly seconded by Councilman Andrews:
RESOLVED, to increase the donation to the LoCo Trail from $1,500 to $2,500, using $1,000
from the balance of the Recreation Fund.
Upon roll call vote, all aye. Carried.
Councilman Lawton noted that the LoCo Trail has approximately $1,600 in unrestricted funds on deposit in
a bank account and approximately $10,000 is being held by the Community Foundation, which is restricted
funds. He stated that the $2,500 from the town would be used for an updated study and the outcome of the
study, which would indicate the best location for the trail, would be presented to the board. Councilman
Lawton will present the concern of using the railroad rather than town property to the trail committee.
Councilman Mueller moved to accept the addition of business to the 2016 Organizational minutes which
was duly seconded by Supervisor Robbins.
All aye. Carried.
Supervisor Robbins motioned that the board enter into executive session at 7:50 p.m. to discuss a pending
litigation, which was duly seconded by Councilman Lawton.
All aye. Carried.
Supervisor Robbins motioned that the board close the executive session at 7:55 p.m. which was duly
seconded by Councilman Mueller.
All aye. Carried.
Supervisor Robbins moved the following resolution which was duly seconded by Councilman Mueller.
RESOLUTION DIRECTING COMMENCEMENT OF ACTION ON BEHALF OF THE
TOWN OF BUSTI
WHEREAS, it appears that John Carney is in violation of Sections 223-4 and 405-13 of the Town of Busti
Code with regard to the operation of a sawmill and construction of a structure for which no building permit
was issued at 4058 Nutt Road; and
WHEREAS, Mr. Carney has been uncooperative with attempts by the Code Enforcement Officer to
amicably resolve the violations; and
WHEREAS, it appears to be in the best interests of the Town of Busti to prohibit John Carney from
continuing said code violations;
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Busti hereby authorizes the attorney for the Town to
take such action against John Carney as may be deemed advisable to prevent any continuation of his
violations of the Town of Busti Code, including an action in the Supreme Court of Chautauqua County.
Upon roll call vote, all aye, carried.
Supervisor motioned to adjourn the meeting at 7:56 p.m. which was duly seconded by Councilman
Andrews.
All aye, carried.
Respectfully Submitted,
____________________________________
Darlene H. Nygren, Town Clerk