REGULAR MEETING
April 17, 2017
A regular meeting of the Town Board of the Town of Busti was held on Monday, April 17, 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 Kenneth Lawton
Councilman Rudy Mueller
Councilman Todd 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: Highway Superintendent Melvin Peterson, Lakewood Busti Police Chief John Bentley, Kelly Snow – Windstream, Rebecca Anderson, Jack Knowlton, Bob & Judy Schultz, Mick Johnson, Greg Johnson, and Wyatt Johnson.
Rebecca Anderson thanked the board for having the survey done at 4th Avenue and Chautauqua Avenue. She is hoping the survey will help with the clean-up of the town property and would like to see it mowed through the summer. Ms. Anderson also noted she would like to see the town designate the area near 1st Avenue and Route 394 as a bike lane, which would be much safer to cross than other areas on Route 394.
Kelly Snow, Windstream Representative, presented a fact sheet on Dedicated Internet line. She explained with a dedicated internet line, the town would not be sharing the lines with any other business or residents meaning you are not competing for bandwidth, which would correct the issue the Administration Office is having with the breaks in internet access. Ms. Snow noted there are 4 levels of speeds available – 10/10 at $230/month, 20/20 at $290/month, 30/30 at $310/month, and 40/40 at $350/month. She recommends the town use the 10/10, currently the town’s internet speed is 12/1 and she believes with the dedicated line the 10 upload speed would be sufficient. One of the greatest benefits of the dedicated line is Windstream guarantees 99.9% Service Level Agreement which is a guarantee of connectivity and speed.
Town Clerk Darlene Nygren noted she had contacted Spectrum and DFT regarding their internet service options. Spectrum gave her a verbal quote but recommended she contact Michael Delgado for a more specific quote. The DFT representative stated he would get back to her with a quote. Town Clerk Nygren will report further at the next board meeting. Town Clerk Nygren reported her office collected $6,071,001 for the 2017 County Town tax collection; she will finalize her collection reporting and return everything to the county later this week. She will be attending New York State Town Clerk Association’s Annual Conference Sunday, April 23-Wednesday, April 26. Ms. Nygren noted the Lakewood American Legion will be hosting its first Annual Poker Run on Saturday, August 26th, the starting point will be at Century 21, 4 E. Fairmount Avenue and registration starts at 11, the ride starts at 2.
Supervisor Robbins noted it was 7:00 p.m. and moved to open the public hearing for Local Law No. 1 of 2017 entitled “A LOCAL LAW AMENDING THE USES PERMITTED BY SPECIAL USE PERMIT
IN THE CONSERVATION/AGRICULTURAL (CA) DISTRICT”.
Motion was duly moved by Councilman Hanson.
All in favor, carried.
Notice of publication was placed on file.
No one present spoke regarding the proposed law.
Discussion followed.
Supervisor Robbins moved to close the public hearing at 7:03 p.m., which was duly seconded by Councilman Lawton.
All in favor, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Mueller:
RESOLUTION
Moved by Supervisor Robbins, seconded by Councilman Mueller:
WHEREAS, the Town of Busti has proposed Local Law No. 1 of 2017, which would permit limited retail businesses in the Conservation-Agricultural (CA) District, subject to certain conditions, 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. 1 of 2017 and authorizes the Supervisor to complete Part III of the EAF accordingly.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted the board had not receive a finding from Chautauqua County Department of Planning and Economic Development and will vote on the Local Law at the May 1st Town Board meeting.
Police Chief John Bentley reported 250 incidents since the last meeting, 2,931 incidents YTD. Chief Bentley noted the department is saddened to announce former LBPD officer Steve Fardink passed away after a long-time illness, the funeral service was held Saturday, April 15th.
Highway Superintendent Melvin Peterson reported the department has been busy cleaning out ditches and patching pot holes. The blacktop plant is open for the season; the department can now begin hot patching. Superintendent Peterson noted he received notice from CHIPS the town will receive $28,056 for winter recovery which is a one year recovery program and $33,539 through Pave New York bringing a total of $208,532 from CHIPS funds for 2017. The additional funds will help pave an additional 1.5 miles. Superintendent Peterson reported the 2003 track hoe is on auction through Auctions International, with a closing date of May 1st. He would like the board to authorize Auctions International to set a minimum bid of $23,000.
Councilman Hanson moved the following resolution which was duly moved by Supervisor Robbins:
RESOLVED, Highway Superintendent Peterson be authorized to set a minimum bid of $23,000 for the 2003 track hoe that is being sold through Auction International.
Upon roll call vote, all aye, carried.
Highway Superintendent Peterson noted Highway School is scheduled for June and would like the board’s permission to attend. This will be his 10th year attending the school.
Councilman Hanson moved the following resolution which was duly moved by Councilman Lawton:
RESOLVED, Highway Superintendent Melvin Peterson be authorized to attend Highway School in June 2017.
Upon roll call vote, all aye, carried.
Highway Superintendent Peterson noted there is a cost increase of $1,433 effective 10/1/17 through 9/30/18 for the Transfer Station lump sum bid, not including landfill and processing fees, per the contract with Beichner Waste.
Supervisor Robbins noted there will be a joint meeting with the Town Board and the Village of Lakewood Trustees on Wednesday, April 26th at 6:30 p.m. The meeting will be held in the Courtroom/board room at the Town Administrative office. Councilman Hanson and Trustee McCague have created a list of proposed topics to be discussed between the boards. These topics will not all be covered at the upcoming meeting but should be addressed at future meetings. Councilman Hanson asked the Town Board, Highway Superintendent, and Town Clerk to submit any additional topics they would like to see added to the list. An agenda will be created and followed at the meeting, the main subject for the upcoming meeting is building consolidation. Supervisor Robbins has been in contact with County Executive Vince Horrigan and is hoping he will attend the meeting on the 26th. Police Chief Bentley requested to have a sub-committee to discuss the Police Contract which expires in 2018. Discussion followed.
Councilman Hanson noted the NYSERDA grant application is 80% complete and is due May 10, 2017. He anticipates having the completed applications ready for the board’s review at the May 1st meeting.
Supervisor Robbins noted Gary Starr was interested in purchasing town property that is adjacent to his property on Keller Road. Highway Superintendent Peterson stated the said property is a right of way for South and Center Sewer District and cannot be sold. Supervisor Robbins will contact Mr. Starr and inform him the property cannot be sold and why.
Supervisor Robbins noted Scott Schang had introduced himself to the Town Board during the work session. Mr. Schang is interested in filling the vacancy on the Zoning Board of Appeals Board. The board would like Mr. Schang to meet ZBA Chairman, Tim Young and the ZBA board prior to being appointed.
Supervisor Robbins moved the following resolution which was duly moved 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. 5 from warrant #189 to and including warrant #225 in the amount of $20,905.06.
Upon roll call vote, all aye, carried.
Councilman Andrews noted Randall Perry, Chautauqua Lake and Watershed Management Alliance would like to meet with him and Highway Superintendent Peterson to discuss Busti’s roll and the use of In-Kind services in the Lakewood/Busti Stormwater Study project. Councilman Andrews will schedule the meeting and report back to the board.
Supervisor Robbins motioned to adjourn the regular board meeting at 8:50 p.m., which was duly moved by Councilman Andrews.
All in favor, carried.
Respectfully Submitted,
____________________________________ Darlene H. Nygren, Town Clerk